Terms and Conditions

Standard Terms and Conditions of Use of Qantas/Everywhere Internet Version Q_1.0 - October 2012 These terms and conditions comprise the numbered clauses shown below. Please read these terms carefully, and be sure that you understand them. You should be aware that we can change these terms at any time. If we change these terms, online versions of these terms and conditions will always be updated to reflect those changes Qantas and Everywhere Internet ("Qantas/Qantas/Everywhere Internet") provides you ("the Customer") with access to the Internet ("the Service") on the following terms and conditions 1. THE SERVICE 1.1 Qantas/Everywhere Internet will provide the Customer with all identification and log-in information required for connection to the Service. 1.2 Qantas/Everywhere Internet may, at its discretion, retain and assess any data or information concerning the Customer's use of the Service. 1.3 The Customer is responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Customer to access the Service. 1.4 The Customer acknowledges that Qantas/Everywhere Internet does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Service, or interception and/or misuse of any information or data by unauthorised third parties. 1.5 Qantas/Everywhere Internet will not be held responsible in any way for any content or information accessed via the Service. 1.6 Qantas/Everywhere Internet has no responsibility to provide training in the use of the Service pursuant to these terms and conditions. Qantas/Everywhere Internet does not provide support for any equipment, including computer hardware or software, which is not provided by Qantas/Everywhere Internet as part of the Service. 1.7 Qantas/Everywhere Internet provides no warranties or representations regarding the speed, interruption or failure of the Service. The Service is provided on an as is basis. Qantas/Everywhere Internet reserves the right to alter the speed of the Service and the priority given to different types of internet traffic transiting through the Service at any time and without prior notice to the Customer. 1.8 The Customer agrees not to assign, transfer, or re-sell or re-market any aspects of the Services provisioned by Everywhere Internet under this Agreement or any rights given by the use of the Service, unless prior written permission from an authorised officer of Everywhere Internet has been given to the Customer. 2. FEES 2.1 The Customer is liable for all fees resulting from use of the Service accessed through the Customer's identification or log-in information, whether authorised by the Customer or not. Disclosure or loss of identification or login information that results in the incurring of fees or misuse of the Service is the Customer's responsibility and any such occurrences should be immediately communicated to Qantas/Everywhere Internet. A bill presented by Qantas/Everywhere Internet will be deemed to be correct and prima facie evidence of all connection, access, usage and other fees contained therein. 2.2 The Customer agrees to comply with all directions pertaining to the access and use of the Service granted to the Customer by Qantas/Everywhere Internet. 2.3 Fees paid by the Customer for access to the Service are stored by Qantas/Everywhere Internet as Credit. Credit is valid for 3 (three) months from the date of last use of the Service and or Username by the Customer, after which time Credit will be expired. 3. ACCEPTABLE USE OF THE SERVICE 3.1 The Customer agrees not to disclose to any other person, corporation, entity or organisation any identification or log-in information, whether in use or not, nor any other confidential information relating to the Service or Everywhere Internet. 3.2 The Customer warrants that in accessing and using the Service it will only use software that it is legally entitled to use and that such use will not be a breach of copyright. 3.3 The Customer will not act on or through the Service so as to interfere with or disrupt Internet users, service providers, their computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material , propagation of computer worms and viruses, using the Service to make an unauthorised access of any other computer accessible via the Service, sending harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the placement, transmission or storage of any defamatory material on the Internet. 3.4 The Customer agrees to refrain from the bulk transmission of unsolicited electronic mail (SPAM). 3.5 The Customer will not access, nor permit any other party to access, the Service for any purpose or activity of an illegal, fraudulent or defamatory nature. 3.6 The Customer will not reproduce, distribute, transmit, publish, copy, transfer or commercially exploit any information accessed through or received from the Service that would be an infringement of any copyright, patent, trademark, design or other intellectual property right. 3.7 The customer will not use the Service, attempt to use the Service or allow the Service to be used in any way to engage in conduct or activities that Everywhere Internet considers could adversely affect or prejudice the Qantas/Everywhere Internet reputation or brand. 4. WITHDRAWAL OF ACCESS 4.1 Qantas/Everywhere Internet reserves the right to immediately, and without notice to the Customer, withdraw the Customer's access to the Service if the Customer misuses the Service or fails to comply with the Customer's obligations as to the use and access of the Service as specified in these terms and conditions. 5. LIABILITY AND INDEMNITY 5.1 Qantas/Everywhere Internet disclaims all or any liability for any material on the Internet that the Customer finds offensive, upsetting, defamatory, personally offensive and in any way unsuitable for people under the age of eighteen (18). 5.2 Except in relation to liability for personal injury (including sickness and death), Qantas/Everywhere Internet will be under no liability to the Customer in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied pursuant to these terms and conditions or in respect of a failure or omission on the part of Qantas/Everywhere Internet to comply with its obligations under these terms and conditions. 5.3 The Customer releases and indemnifies Qantas/Everywhere Internet, its servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against Qantas/Everywhere Internet arising out of a breach of these terms and conditions by the Customer or the negligence of the Customer, its agents, employees or sub-contractors or of any other person for whose acts or omissions the Customer is vicariously liable. 5.4 The Customer releases and indemnifies Qantas/Everywhere Internet against any action, claim or demand by the Customer's servants, employees or agents or their personal representatives or dependants arising out of the performance of these terms and conditions. 6. IMPLIED TERMS 6.1 Subject to subclause 2, any condition or warranty which would otherwise be implied in these terms and conditions is hereby excluded. 6.2 Where legislation implies in these terms and conditions any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these terms and conditions. However, the liability of Qantas/Everywhere Internet for any breach of such condition or warranty will be limited, at the option of Qantas/Everywhere Internet, to one or more of the following:       (a) if the breach relates to goods:       (i) the replacement of the goods or the supply of equivalent goods;       (ii) the repair of such goods;       (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or       (iv) the payment of the cost of having the goods repaired; and       (b) if the breach relates to services:       (i) the supplying of the services again; or       (ii) the payment of the cost of having the services supplied again. 7. GENERAL 7.1 A right may only be waived in writing, signed by the Party giving the waiver. 7.2 These terms and conditions will not be varied, except by agreement in writing signed by the Parties. 7.3 If any provision of these terms and conditions is held invalid, unenforceable or illegal for any reason, these terms and conditions will remain otherwise in full force apart from such provisions which will deemed deleted. 7.4 Any express statement of the right of Qantas/Everywhere Internet under these terms and conditions is without prejudice to any other right of Qantas/Everywhere Internet expressly stated in these terms and conditions or existing at law. 7.5 These terms and conditions is governed by the law in force in New South Wales and each Party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these terms and conditions, and waives any right it might have to claim that those courts are an inconvenient forum. 8. IN ROOM These special terms and conditions apply to the Service when it is provided 'In Room' meaning over an Ethernet connection: 8.1 Qantas/Everywhere Internet includes 15GB of data transfer, which is the total of uploads and downloads, per month (the 'Monthly Transfer Allowance') to the Customer as part of the Service. If the Customer exceeds the Monthly Transfer Allowance, Qantas/Everywhere Internet may, at its discretion and without notice to the Customer, disconnect the service for the remainder of the month. 8.2 Where plans less than one month are purchased the Monthly Transfer Allowance will be allocated pro-rata the percentage of a month purchased, unless specifically stated on the plan. 8.3 Where plans greater than one month are purchased the Plan Transfer Allowance shall be equal to the Monthly Transfer Allowance multiplied by the number of months in the plan (âthe plan periodâ). If the Customer exceeds the Plan Transfer Allowance, Qantas/Everywhere Internet may, at its discretion and without notice to the Customer, start using any subsequent months plans if available or, in the case no additional credit is available, disconnect the service for the remainder of the plan period. 8.4 When calculating the Monthly Transfer Allowance; 1GB (Gigabyte) is equal to 1000MB (Megabyte). 1MB is equal to 1000KB (Kilobyte) 9. WI FI Access These special terms and conditions apply to the Service when it is provided over a Wireless connection, meaning radio connections based on the I.E.E.E. 802,11 standard or other similar or substituted standards 9.1 Access points or enabled venues may not be available in all areas. The Services may entail different fees at different locations; some locations are not included in Qantas/Everywhere Internets's on-going subscription accounts or other flat-rate plans. Qantas/Everywhere Internet reserves the right to change prices and locations, and institute new fees at any time. You must contact Qantas/Everywhere Internet if you are unsure of the fees charged at a particular location where the Services are available. You are responsible for determining the fees prior to using the Services each time. 9.2 Upon registration, you will create a username and password. You are the only authorized user of your Qantas/Everywhere Internet account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify Everywhere Internet immediately upon discovering any unauthorized use of your account. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. Usernames and passwords are Qantas/Everywhere Internets property and Qantas/Everywhere Internet may alter or replace them at any time. 10. REFUND POLICY 10.1 It is Qantas/Everywhere Internet's general policy not to provide refunds but your statutory rights in this regard are not affected. 11. PRIVACY POLICY 11.1 Required Information - Qantas/Everywhere Internet collects certain information that is necessary to fully service your Qantas/Everywhere Internet account. As a customer, you will be asked to provide information that is needed in order to create your Everywhere Internet account and fulfill our service commitment to you such as your name, address, phone number, e-mails address and billing information. We treat this personal information that you provide to us as highly confidential. Everywhere Internet may use this personal information for editorial and feedback purposes, marketing and promotional purposes, for statistical analysis and for product development. Your personal information, however, will never be sold to any company nor will it be shared with third parties, unless specifically stated otherwise or in special circumstances. In instances where Qantas/Everywhere Internet and a partner jointly promote the Qantas/Everywhere Internet service, Everywhere Internet may provide that partner certain information, such as name and e-mail address, for the sole purpose of allowing Qantas/Everywhere Internet and the partner to evaluate the promotion. 11.2 Everywhere Internet may collect and/or track certain information that is derived from your usage of the Qantas/Everywhere Internet service such as usage patterns, travel patterns and Web site page views and traffic patterns. Qantas/Everywhere Internet may use this tracking information for statistical purposes to improve our products and services and to manage our networks and systems more efficiently. Qantas/Everywhere Internet also records the MAC (Media Access Controller) address from the network card in or used with your computer or other device to enable Qantas/Everywhere Internet to accurately perform our billing functions. 11.3 Use of Information - Qantas/Everywhere Internet will not divulge any of your personal information -- contact, financial, bill history -- to any other organization unless       (a) you give Qantas/Everywhere Internet explicit, and specific, prior permission;       (b) the disclosure is required by law or by legal process authorized by a court of competent jurisdiction;       (c) Qantas/Everywhere Internet suspects fraud by a customer involving Qantas/Everywhere Internet, in which case Qantas/Everywhere Internet may investigate and report any evidence, including personally identifiable information, to law enforcement officials and to the courts in the course of seeking remedies at law and equity; or       (d) you make an inquiry, request or complaint that requires follow-up and we share your information with others to satisfy your inquiry; Qantas/Everywhere Internet may contact customers or Web site visitors regarding account status and changes to this privacy policy and any other policies or agreements relevant to Web site visitors. Qantas/Everywhere Internet may use your information to disclose summary information to strategic and business partners. This is obtained by combining data from many individuals with the name and other identifiers removed. Qantas/Everywhere Internet also may create aggregate reports on user demographics and traffic patterns. This information may be used to negotiate with service providers who complement the Qantas/Everywhere Internet service or assist us in our efforts to expand our customer base. Qantas/Everywhere Internet opposes the e-mailing of any junk mail, and does not sell customer information to e-mail lists or telemarketers. If any of our partner sites engage in such practices, for any reason, Qantas/Everywhere Internet will immediately investigate, and if appropriate, discontinue services with such parties. If you receive junk e-mail that mentions Qantas/Everywhere Internet or its services, please send details to us at customerservice@everywhereinternet.com and we will investigate promptly. 11.4 Correcting and Updating Your Information - As an Qantas/Everywhere Internet customer, you are always fully in control of the information that we maintain to service you. You can change your personal information at any time and as often as necessary. You also can request that the data be deleted (requests for deletion of certain information may require closing the account). Information about a customer may be withheld or exempted from deletion if this is required by law, is part of a fraud investigation or is required for accounting and audit purposes. TERMS OF SERVICE AND USER AGREEMENT PLEASE READ THIS ENTIRE AGREEMENT AND INDICATE WHETHER YOU AGREE TO ITS TERMS. ACCESS TO PLAYSTATION™NETWORK (PSN), PLAYSTATION®MOBILE, THE PLAYSTATION™VIDEO SERVICE ("PLAYSTATION™VIDEO"), THE PLAYSTATION™NOW SERVICE ("PLAYSTATION™NOW"), THE PLAYSTATION™VUE SERVICE ("PLAYSTATION™VUE"), OTHER PRODUCTS AND SERVICES OFFERED THROUGH PSN AND THEIR ASSOCIATED STORES AND VIRTUAL COMMUNITIES (COLLECTIVELY, "FIRST PARTY SERVICES"), AND CERTAIN SERVICES PROVIDED BY OUR AFFILIATES OR OTHER ENTITIES THAT WE OWN OR CONTROL (COLLECTIVELY, THE "SONY GROUP OF COMPANIES", AND INDIVIDUALLY A "SONY GROUP COMPANY") OR UNAFFILIATED THIRD PARTIES (COLLECTIVELY, "THIRD PARTY SERVICES"). THE APPLICABLE TERMS OF THIS AGREEMENT APPLY TO THIRD PARTY SERVICES, AS WELL AS ALL ADDITIONAL TERMS AND CONDITIONS PROVIDED BY THE COMPANY OFFERING THE THIRD PARTY SERVICE. ACCESS TO PSN IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND CREATION OF AN ACCOUNT ("ACCOUNT"). IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO REGISTER AN ACCOUNT AND WILL NOT BE ABLE TO ACCESS PSN. THIS AGREEMENT IS A LICENSE FOR LIMITED USE OF CONTENT AND SERVICES PROVIDED THROUGH PSN. IT IS A CONTRACT BETWEEN YOU AND SONY INTERACTIVE ENTERTAINMENT NETWORK AMERICA LLC ("SIENA") AND SONY INTERACTIVE ENTERTAINMENT AMERICA LLC AND CAN BE ACCEPTED ONLY BY AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement and Privacy Policy. By clicking the "I AGREE" button yourself (or "ACCEPT"), you affirm that you have reached the legal age of majority and accept this Agreement. You also affirm that you accept this Agreement on behalf of, and all legal and financial responsibility and liability for the actions of, your child and you hereby expressly ratify and confirm any acts of your child and all users of your subordinate accounts ("Sub Accounts"). NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND SIENA, SONY INTERACTIVE ENTERTAINMENT INC., SONY INTERACTIVE ENTERTAINMENT AMERICA LLC, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "SONY ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION. By accepting this Agreement, you agree to its terms and to abide by all PSN First Party Services policies. You agree that you will not directly or indirectly use PSN First Party Services (i) in any way for any commercial purpose, (ii) in any way that violates the law or the Community Code of Conduct, or (iii) in any way that harms or has the potential to harm SIENA, its affiliates, including its parent company, its subsidiaries, licensors, providers or partners or fellow PSN First Party Service users. You agree that you will not use any unauthorized hardware, including peripherals not sold, licensed or certified by a Sony company such as non-licensed game enhancement devices, controllers, adaptors and power supply devices (collectively, "Non-Licensed Peripherals") or unauthorized software to access or use PSN First Party Services or any content or service provided on or through PSN First Party Services. ACCOUNT REGISTRATION To access First Party Services, you must create an Account. You may view content on certain Authorized Devices depending on your country/area of residence and the First Party Services you are using. "Authorized Devices" means your Authorized Download Devices and your Authorized Streaming Devices as defined below in relation to First Party Services. "Authorized Download Devices" means activated PlayStation®3 computer entertainment systems, PSP® (PlayStation®Portable) systems, PlayStation®Vita systems, PlayStation®TV systems, 4K Ultra HD Media Player systems, select personal computers with Media Go software, select mobile telephones, select tablets and other authorized download devices in relation to First Party Services. "Authorized Streaming Devices" means activated select televisions, select Blu-ray® Disc players, PlayStation®4 computer entertainment systems, PlayStation®3 systems and other authorized devices in relation to First Party Services. Through PlayStation™Video, you may access content on Authorized Streaming Devices and Authorized Download Devices, if those systems are Authorized Devices for that content type. Through PlayStation®Mobile, you may access content on PlayStation Certified devices ("PS Mobile Devices"). Through PlayStation™Now, you may access content on activated PlayStation®4 systems, PlayStation®3 systems, PlayStation®Vita systems, and other select Authorized Streaming Devices ("PlayStation Now Devices"). Through PlayStation™Vue, you may access content on activated PlayStation®4 systems, PlayStation®3 systems and other select Authorized Streaming Devices ("PlayStation Vue Devices"). You may also be able to participate in the online PSN community (including chatting via voice and video with your friends) and play games online. PSN First Party Services may not be available, or may not be supported, in some countries and some languages. SIENA reserves the right to deny the creation of any account at its sole discretion. Currently, there is no charge to create an Account, but there may be charges associated with certain online content or services available through PSN First Party Services. All information provided during account registration must be truthful and accurate. SIENA reserves the right to cancel any Account that uses or that was created using untruthful or inaccurate information. There are two types of accounts: Master Accounts and Sub Accounts. All accounts have an associated mailbox for receiving electronic text mail. If you have reached the legal age of majority, you can create a Master Account for yourself. Where available, each Master Account can create up to six (6) associated Sub Accounts. You are not permitted to create Sub Accounts for adults or persons under the legal age of majority who are not your children or for whom you are not the legal guardian. Your children must be of a certain age in order to have a Sub Account. Sub Accounts may not be available in all countries. Deletion or termination of a Master Account may result in the deletion and termination of all associated Sub Accounts. A Master Account has access to and control over the following aspects of its Sub Accounts: (i) financial aspects; (ii) content availability and (iii) certain communication features. Text mail from SIENA that relates to a Sub Account's purchases will be sent to the mailbox of the associated Master Account. At its sole discretion, SIENA may send text mail to the Master Account relating to the Sub Account's other activities. The Master Account holder is jointly and severally legally and financially responsible for the actions of his or her Sub Account holders. Master Account holders select their own sign-in ID and password and select the sign-in ID and password for each associated Sub Account. Account holders may be required to select their own Online ID for PSN. After signing in to your Account through a compatible web browser, you may continue to be signed in for up to 60 days. You may also have access to select PSN related sites and select Third Party Services without having to sign in. This will only apply to the web browser that you used when you sign-in. All users should safeguard their sign-in ID and password to prevent use by any other user. If you sign-in to your Account on a device that may be shared with others, you should ensure that you sign-out from your account at the end of each session. If you do not sign-out, others may be able to access your Account and perform actions on your behalf without knowing your password. Certain information, which may include the Online ID, real name, profile photo, "About Me" statement, avatar pictures, country/area of residence, preferred language and recently played game titles, may be provided to all PSN First Party Service users, including children. SIENA has no liability for any unauthorized usage of any account. PARENTAL CONSENT AND PARENTAL CONTROLS Where Sub Accounts are available, a child under the legal age of majority can only have a Sub Account associated with a Master Account of the child's parent or legal guardian. If you are creating a Sub Account for a child, you must provide (i) your consent for SIENA, the Sony Group of Companies and select third parties to collect, use and disclose, pursuant to SIENA's Privacy Policy and the policies of third parties where applicable, your child's personally identifying information to third parties for the purpose of allowing your child to participate in PSN First Party Services; (ii) your consent to your child's communications with others through the PSN and Third Party Services as described in this Agreement and SIENA's Privacy Policy; and (iii) your credit card information if requested by SIENA for Sub Accounts for children under the age of 13 in the United States and Canada or under the specific age applicable to your country. Your credit card will be used to verify parental consent under laws requiring your consent. You will not be charged a fee for creating the Sub Account. If you do not consent to the collection and disclosure of your child's information as described in SIENA's Privacy Policy, you will not be able to create a Sub Account. If all requested information is provided, a separate email containing a code will be sent to the Master Account's email account with instructions to complete registration by entering the code into the Sub Account using a personal computer. You will need to create for your child an Online ID that will be associated with your child's Sub Account. Please note that a user's real name, profile photo and Online ID may be viewable by all PSN First Party Services users and, depending on a user's activities, the real name, profile photo and Online ID may be publicly available and viewable via the Internet by those outside the PSN First Party Services. For example, if a user submits a posting to an online blog related to the PSN First Party Services, that user's Online ID may be associated with the post in a manner that is publicly available. The Master Account may restrict the ability of a Sub Account to communicate with other PSN First Party Services users by setting the Restrict Chat option to "YES," which is the default setting. Please beware of limitations to the Restrict Chat option. With Restrict Chat set to "YES," your child still may receive text emails from PSN users, including adults, in your child's account mailbox in the PlayStation®3 system or via Group Messaging in the PlayStation®Vita system. The parent's Master Account will not be notified of text emails sent to a child's Sub Account mailbox. In addition, the Restrict Chat option may not apply to certain types of interactive features in game content that may be used to facilitate user communication. The Master Account may restrict a Sub Account from posting User Generated Media Content your child has created or viewing material posted by other users by setting the Restrict User Generated Media option to "YES". "User Generated Media Content" means content created by users that may include photos, videos, music, drawings and other content created or imported by users in games, apps and system software features. This will not prevent posting or viewing User Generated Media Content through chat or messaging (which is controlled by the Restrict Chat option stated above). As the parent or legal guardian, you are responsible for monitoring your child's access to or use of PSN First Party Services, as well as any communications made or received by your child on or through PSN First Party Services. The Master Account may restrict a Sub Account's access to game and video content if the content is rated by using the Restrict Content setting. Some content may be objectionable to or inappropriate for some users, including children under a certain age, which may vary from country to country. Please consider your child's age and check any content ratings and descriptions where available, before you access, download or purchase access to any items or permit your child to do so. In some cases, third parties provide ratings or descriptions for items, and SIENA cannot guarantee the accuracy or completeness of such information. Not all content is rated. Some content that you access on your PlayStation®4 systems, PlayStation®3 system, PSP® system, PlayStation®Vita system, other Authorized Device, other PlayStation™Now Device may be accessible by all users of that system or device. Please monitor all access to content that may be objectionable or age inappropriate. Parental controls implemented through these devices may not apply to certain types of content that may be used to facilitate user communication, certain categories of downloadable content or certain categories of streamed material. Parental controls may also not apply to content that is not rated. Your child may not be able to access some content or play games rated for users older than his or her registered age. In some countries, parents and legal guardians with Master Accounts will be permitted to set their parental controls to override restrictions on certain materials for associated Sub Accounts. Please see the following websites for more information:http://playstation.com/, http:// playstationnetwork.com/ and http://account.sonyentertainmentnetwork.com/. PSN COMMUNITY CODE OF CONDUCT You must adhere to the following rules of conduct, and also follow a reasonable, common-sense code of conduct. Users are required to take into consideration community standards and refrain from abusive or deceptive conduct, cheating, hacking, or other misuse of PSN. Rights of other users should be respected. The actions that are prohibited include the following: You may not manipulate or inflate usage of PSN You may not engage in deceptive or misleading practices. You may not abuse or harass others, including stalking behavior. You may not take any action, or upload, post, stream, or otherwise transmit any content, language, images or sounds in any forum, communication, public profile, or other publicly viewable areas or in the creation of any Online ID that SIENA or its affiliates, in their sole discretion, find offensive, hateful, or vulgar. This includes any content or communication that SIENA or its affiliates deem racially, ethnically, religiously or sexually offensive, libelous, defaming, threatening, bullying or stalking. You may not organize hate groups. You may not upload, post, stream, or otherwise transmit any content that contains any viruses, worms, spyware, time bombs, or other computer programs that may damage, interfere with, or disrupt PSN. You may not use, make, or distribute unauthorized software or hardware, including Non-Licensed Peripherals and cheat code software or devices that circumvent any security features or limitations included on any software or devices, in conjunction with PSN, or take or use any data from PSN to design, develop or update such unauthorized software or hardware. You may not modify or attempt to modify the online client, disc, save file, server, client-server communication, or other parts of any game title, or content. You may not cause disruption to or modify or damage any account, system, hardware, software, or network connected to or provided by PSN for any reason, including for the purpose of gaining an unfair advantage in a game. You may not attempt to hack or reverse engineer any code or equipment in connection with PSN. You may not take any action that SIENA or its affiliates consider to be disruptive to the normal flow of chat or gameplay, including uploading, posting, streaming, or otherwise transmitting any unsolicited or unauthorized material, including junk mail, spam, excessive mail or chain letters. You may not introduce content that is commercial in nature such as advertisements, solicitations, promotions and links to web sites. You may not introduce content that could be harmful to SIENA or its affiliates or their licensors, or players, such as any code or virus that may damage, alter or change any property or interfere with the use of property or PSN. You may not upload, post, stream, access, or otherwise transmit any content that you know or should have known to be infringing, or that violates, any third party rights, any law or regulation, or contractual or fiduciary obligations. You may not impersonate any person, including an SIENA or third party employee. You may not provide SIENA or any third party company with false or inaccurate information, including reporting false complaints to our or our affiliates' consumer services or providing false or inaccurate information during account registration. You may not sell, buy, trade, or otherwise transfer your Online ID, Account or any personal access to PSN through any means or method, including by use of web sites. You may not conduct any activities that violate any local, state or federal laws, including copyright or trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, stealing or using without purchasing, where payment is required, any content or service and distributing counterfeit software or Accounts. Unless otherwise required by law, SIENA is not responsible for monitoring or recording any activity on PSN, including communications, although SIENA reserves the right to do so and you hereby give SIENA your express consent to monitor and record your and your Sub Account's activities and communications. SIENA reserves the right to remove any content and communication from PSN First Party Services at SIENA's sole discretion without notice and to terminate any account through which violations of the Community Code of Conduct occur. SIENA may also take steps on behalf of its device platform partners to disable permanently or temporarily any device on which you receive PSN First Party Services and through use of which you violate the Community Code of Conduct. SIENA may use any data it collects, including the content of your communications, the time and location of your activities, your Online ID and IP address and any other collectable data, to enforce this Agreement or protect the interests of SIENA, its affiliates, PSN First Party Service users or SIENA's or its affiliates' licensors. Such information may be disclosed to appropriate authorities or agencies. Any other use is subject to the terms of SIENA's Privacy Policy. SIENA has no liability for any violation of this Agreement by you or by any other PSN First Party Service user. We and third parties may provide functionality allowing you to share your information, including your name, Online ID, profile, pictures, friends list, activities, gameplay and information on your purchases and content viewed, and to recommend your favorite content or services to your friends via the PSN First Party Services and select Third Party Services. Only share your information and send recommendations to friends who you know want to receive them and whose age is appropriate for the content or services you are recommending. If you are sharing the personal information of others, you may only do so with their consent. If you receive unwanted messages, ask the sender to stop. If they do not, you can add that person to your block list. See your system manual for more information. ACCESS TO CONTENT All content and services are provided to you by SIENA, including content created or published by third parties. Third parties may administer access to some content or services, including delivery, gameplay, community management or customer service. To enable third parties to provide such access to you, SIENA must provide them with your personal information. If you do not consent to allow us to share your personal information with third parties for the purpose of providing you with access to PSN First Party Services content, you will not be able to participate in any PSN First Party Services. In order to access certain content, you may be required to accept additional content-specific usage terms and conditions of SIENA or third party companies ("Usage Terms"). In the event of any conflict between this Agreement and the Usage Terms or any other terms and conditions in connection with PSN First Party Services or any disc-based product used with PSN First Party Services, this Agreement will control. Your PlayStation®4 system, PlayStation®3 system, PlayStation®Vita system or other Authorized Device may be set to download content automatically from PSN First Party Services without notice to you if you sign into PSN First Party Services. This content may include featured content that we believe will be of interest to you such as game demos or content offered to you on a trial basis. Content delivered in this manner is subject to this Agreement's terms. You can change your device settings so that it does not download content automatically by setting the automatic download option to "OFF". WALLET All access to content may only be purchased from SIENA using funds from a wallet associated with your account. Your wallet will be used to purchase content, licenses or services offered through PSN. All transactions made by the Sub Account or the Master Account must be made through the Master Account's wallet. A Sub Account does not have a separate wallet. Master Accounts can set a maximum spending amount for each Sub Account, effective at the beginning of the following month. A Master Account holder can fund the wallet up to a maximum amount determined by SIENA ("Limit"), using either (i) a credit or debit card; (ii) a prepaid card or promotional code with a specified value where available; or (iii) other payment methods approved by SIENA and made available from time to time in each specific country. SIENA HAS NO OBLIGATION TO REVERSE OR REFUND UNAUTHORIZED CHARGES MADE USING ANY AVAILABLE PAYMENT METHOD. EXCEPT AS OTHERWISE PERMITTED BY APPLICABLE LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FUNDS ADDED TO THE WALLET ARE NON-REFUNDABLE AND NON-TRANSFERABLE. Wallet funds have no value outside PSN and can only be used to purchase access to content from SIENA through First Party Services and certain limited Third Party Services. Subject to applicable law, wallet funds that are deemed abandoned or unused by law will not be returned or restored. PREPAID CARDS AND PRODUCT CODES SIENA or its affiliates may provide prepaid cards that allow users to redeem content on PSN First Party Services or fund the wallet. The value of a prepaid card contributes to the Limit. If you acquire a prepaid card that has a value that, when added to the wallet's existing balance, exceeds the Limit, you will not be able to apply the value of the prepaid card to the wallet until sufficient funds have been spent from the wallet to allow the sum of the full value of the prepaid card and wallet to be equal to or less than the Limit. Except as permitted by SIENA, the Master Account wallet will only accept prepaid cards with currency value from the same country as the one designated for the Master Account. SIENA, its affiliates or third parties may provide product codes which can be used to access content, including promotional content. Product codes may not be available in all countries or to all users, and age restrictions may apply. Some product codes must be used before a specified expiration date and in accordance with specified terms and conditions. Unless otherwise stated, product codes may be used once only by the recipient and may not be transferred or sold to any other person. SIENA is not responsible or liable for any claims arising as a result of prepaid cards or product codes, including any problems or defects in connection with prepaid cards or product codes. Your use of the prepaid card is subject to this Agreement's terms. Additional terms and conditions may accompany the prepaid card or the product code. TRANSACTIONS All transactions made through your Master Account or an associated Sub Account are solely between you and SIENA. By completing a transaction through your Master Account or allowing a transaction to take place through an associated Sub Account, you are (i) agreeing to pay for all transactions made by the Master Account and its associated Sub Accounts, including recurring charges for subscriptions that are not cancelled; (ii) authorizing SIENA to deduct from the wallet and charge your credit card or other applicable payment instrument or payment mechanism all applicable fees due and payable for all transactions made by the Master Account and its associated Sub Accounts; and (iii) agreeing to any applicable Usage Terms and the terms and conditions associated with use of the particular content or service. To the extent permitted by applicable law, all transactions are final upon their completion and may be deemed to be governed by law and regulatory requirements applicable at the time the transaction was completed. You may have the option to order a license for certain content, including bundles of content such as seasons of television series, from the PSN First Party Services in advance of the time come or all of the content is first released for license via the PSN First Party Services. To the extent permitted by applicable law, we reserve the right to deduct funds from your wallet for any such pre-order or bundle order at the time of your request, but some or all of the content may not be available until it is released for license via the PSN First Party Services. You acknowledge and agree that content included in bundles is subject to change with or without notice, subject to applicable laws. YOU MAY NOT CANCEL A PRE-ORDER OR AN ORDER FOR A CONTENT BUNDLE AT ANY TIME AND REFUNDS ARE NOT AVAILABLE FOR PRE-ORDERS OR FOR CONTENT BUNDLES, SUBJECT TO APPLICABLE LAWS. Access to content is not transferable except as expressly allowed under applicable terms of service. Prior to completing a transaction, you are encouraged to review the description of the content or service you are licensing and the content itself, where available. On some devices, you may have the option to select a password or PIN to protect your credit card information at the time you complete a transaction. After selecting this option, you must enter your password or PIN to complete any future transactions with your credit card. Users should enable this function and safeguard their password or PIN to prevent others who may use the same device from being able to make purchases or access your credit card information. SIENA reserves the right to deduct from the wallet any fee, penalty or other charge resulting from a Master Account holder's request to the Master Account holder's credit card company or other payment processor to reverse charges relating to a transaction. SIENA reserves the right to deduct from the wallet all bank fees related to transactions made by the Master Account and its associated Sub Accounts, including domestic and international transaction fees. SIENA reserves the right to terminate the Master Account and all Sub Accounts associated with the Master Account for failure to complete transaction payments. In lieu of termination of the Master Account, SIENA may elect to provide a mechanism by which a Master Account may fund the wallet to prevent the Master Account and its associated Sub Accounts from being terminated. SIENA reserves the right to change or withdraw features, specifications, prices, services and content at any time, without notice to you. SIENA DOES NOT PROVIDE ANY REFUNDS IN THE EVENT OF A PRICE DROP, A SUBSEQUENT PROMOTIONAL OFFERING OR PRODUCT REMOVAL, AND THE FEE APPLICABLE TO YOUR TRANSACTION WILL BE THE FEE THAT WAS IN EFFECT AT THE TIME OF THE TRANSACTION. Special product, prices and promotions are no longer valid once they are changed or removed. Prices listed do not include sales tax. Applicable sales tax will be calculated and added at the time you complete a transaction. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction. To the extent permitted by applicable law, all transactions are subject to the laws of the State of California, County of San Mateo. You may be able to make transactions only with a designated Sony regional company which is determined by your country/area of residence. Your country/area of residence may be verified by your credit or debit card number and may be rejected if the information does not match. If you are a Master Account holder, you will receive an email summary for each transaction after it is made, if you have given us a valid, current, operational email address. Please print and retain these emails for your records. You can view your transaction history in the account management area. Errors in listed prices, product descriptions, and associated terms and conditions may occur. If we discover an error in the price of items you have ordered, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be cancelled. Upon SIENA's confirmation of your transaction, you may access the item you ordered through your Account that you used to order the item, until such time as SIENA removes the item or your license to access or use the item expires. We encourage you to download or access the item immediately after completing your transaction. You bear all risk of loss for accessing the content, including completing the download of any content, maintaining a continuous Internet connection with sufficient speed, ensuring that you have the necessary capabilities to view the content, including content provided in 4K ultra high definition ("4K UHD"), three dimension ("3D") or high definition format, and for any loss of content you have downloaded, including any loss due to a file corruption or hard drive crash. You are solely responsible if you do not choose to download or access the content before it is removed or your license expires, and for ongoing storage and safekeeping of the content. SIENA is not obligated to provide you with replacement copies for any reason. If you do not have sufficient funds in your wallet to complete a transaction and you have previously entered your credit card information or another payment instrument or payment mechanism, we may automatically charge your credit card or the other applicable payment instrument or payment mechanism a minimum amount determined by SIENA ("Minimum Fee") to complete the transaction, even if the Minimum Fee exceeds the total amount of your order. Any difference between the Minimum Fee and the total amount of your order will be credited to your wallet. Additional procedures apply to subscription purchases. Please read "SUBSCRIPTIONS & FREE TRIALS" Section of this Agreement for details. PAYMENTS FOR ACCESS TO CONTENT OR SERVICES ARE NOT REFUNDABLE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. LICENSE RESTRICTIONS AND CONDITIONS Except as stated in this Agreement, all content and software provided through PSN First Party Services are licensed non-exclusively and revocably to you, your children and children for whom you are a legal guardian (collectively for purposes of this section, "You" or "Your"), solely for Your personal, private, non-transferable, non-commercial, limited use on a limited number of Authorized Devices in the country in which your account is registered. All intellectual property rights subsisting in PSN First Party Services, including all software, data, and content subsisting in or used in connection with PSN First Party Services, the Online ID and access to content and hardware used in connection with PSN First Party Services (collectively defined as "Property"), belong to SIENA and its licensors. This license and all use or access to Property is expressly conditioned on your compliance with this Agreement's terms, other applicable agreements, if any, and all applicable copyright and intellectual property rights laws. Your compliance with all of the following are express conditions of Your license to use or access the Property. You may not sell, rent, lease, loan, sublicense, modify, adapt, arrange, translate, reverse engineer, decompile, or disassemble any portion of the Property. Except as stated in this Agreement or as SIENA expressly permits by SIENA, you may not reproduce or transfer any portion of the Property. You may not create any derivative works, attempt to create the source code from the object code, or download or use any Property for any purpose other than as expressly permitted. You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in connection with PSN First Party Services, Authorized Devices, or any of the content or services offered through PSN First Party Services. You may use the Property only on Authorized Devices. You acknowledge that PSN First Party Services and content or services provided through PSN First Party Services may contain security or technical features that will prevent use of such content or services in violation of this Agreement. Property is not licensed to you for resale, public performance, display, distribution or broadcast. Except as this Agreement expressly grants, SIENA and its licensors reserve all rights, interests, and remedies in connection with PSN First Party Services and the Property. Upon termination of this Agreement, Your Account, or license to any Property, You will immediately cease use of the Property and delete or destroy copies of the Property. Additional terms and conditions, including use restrictions or requirements, may apply to a particular item. Use or license terms may vary depending on the item. Please read carefully all specific terms of use for a particular item or service before ordering. The restrictions to which a particular item or service is subject are in the sole discretion of SIENA or its licensors and are subject to change at any time. Use of the terms "own," "ownership", "purchase," "sale," "sold," "sell," "rent" or "buy" on or in connection with PSN First Party Services shall not mean or imply any transfer of ownership of any content, data or software or any intellectual property rights therein from SIENA or its licensors to any user or third party. All other company, product, and service names and logos referenced on PSN First Party Services are the marks, trade names, trademarks/service marks, and registered trademarks/ service marks ("Marks") of their respective owners. You may not use or reproduce any Marks without the owner's express written consent. You may not remove any proprietary notices or labels from any content. VIDEO CONTENT You may use your Account to order video content. Subject to this Agreement's terms and any additional applicable terms and conditions that are made available to you, SIENA licenses digital content, including recordings or live streams of sport, music concerts and other entertainment events ("Live Events"), television shows and movies (which together comprise "Video Content") to account holders in select territories for your personal, private, non-commercial viewing in your authorized territory, using a limited number of Authorized Devices during the authorized viewing period ("Authorized Term"). Video Content may be made available to you as a live or near-live stream ("Live Stream Content"), as a licensed copy for rental for a limited duration ("Licensed Rental Content"), a licensed copy for an indefinite duration ("Other Licensed Content") or as a licensed stream supported by advertising or promotional materials, which may be viewed for no upfront fee on an unlimited basis which may be for a limited duration ("Ad Supported Content"). Video Content may be offered on a subscription and on a single transaction basis. Use of Video Content is subject to certain digital rights management rules and this Agreement's terms. Except for rights explicitly granted to you, all rights in the Video Content are reserved by SIENA and its licensors. Live Stream Content: Live Stream Content comprises live or near-live transmissions of Live Events and can be viewed at the time of, and simultaneously with the occurrence of the Live Events themselves. Live Stream Content may be available for an extended period ("Event Viewing Term") past the occurrence of the applicable Live Event. The Event Viewing Term and any applicable Usage Terms for Live Stream Content will be displayed to you prior to finalizing your purchase. You may select the Authorized Device on which you want to view your Live Stream Content, and you may be able to view it on only one Authorized Device at a time. You may access Live Stream Content at any point during the Live Event provided that you may be unable to view any part of the Live Stream Content which occurred prior to the start of your viewing. You acknowledge and agree that SIENA has no control over: (i) the start and finish time of a Live Event; (ii) the duration of a Live Event; or (iii) the content of a Live Event (including the quality or suitability of such content). The start times, duration and descriptions of Live Stream Content provided to you by SIENA are approximate only and may be subject to change. You acknowledge and agree that certain streams and recordings of Live Events are hosted and delivered to you by SIENA's third party licensors, providers or partners ("Live Event Partners"). While SIENA endeavors to collaborate with reputable and professional Live Event Partners, SIENA cannot guarantee that such streams and recordings will comply with applicable laws, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay. Your access to streams and recordings of Live Events may also be subject to, and you agree to comply with, the terms and conditions of Live Event Partners, which shall be made available by such Live Event Partner. Ad Supported Content: Ad Supported Content comprises Video Content which contains or is displayed with advertising, marketing or other promotional materials (together, the "Promotional Materials") and which may be accessed through PlayStation™Video or PlayStation™Vue by way of streaming only. Promotional Materials may be displayed in or around the Ad Supported Content by any means selected by SIENA or its Ad Supported Content Partners (defined below) from time to time in their sole discretion. By accessing a stream of Ad Supported Content you acknowledge and agree that such stream may include, comprise or be displayed with Promotional Materials which may delay or interrupt the playback of the Video Content. You agree that SIENA may prevent you from skipping or otherwise manipulating the display of Promotional Materials, and, if so, you agree not to attempt to access Ad Supported Content in any manner not prescribed by SIENA. SIENA does not endorse any third party advertisement or promotional material (including the Promotional Materials) associated with Ad Supported Content in any manner and gives no warranty or other assurance in relation to any products or services featured in such advertisements and promotional materials. Ad Supported Content may be played back by way of online streaming (and may be accessible unlimited number of times) unless and until it is removed from PlayStation™Video or PlayStation™Vue by SIENA. Ad Supported Content may be streamed for playback through your Authorized Devices provided that the Ad Supported Content may be limited such that it is accessible by only one Authorized Device, at any one time. You acknowledge and agree that certain Ad Supported Content may be hosted or delivered to you by or through SIENA's third party licensors, providers or partners ("Ad Supported Content Partners"). While SIENA endeavors to collaborate with reputable and professional Ad Supported Content Partners, except to the extent required by applicable laws, SIENA cannot guarantee that such content (including all associated Promotional Materials, corresponding meta-data, artwork and other peripheral materials) will be complete and accurate, comply with applicable laws, correspond to its description, be suitable or appropriate for a particular age group, or be delivered uninterrupted, error-free and without fault or delay. Your access to Ad Supported Content (and streams of such content) may also be subject to, and you agree to comply with, the terms and conditions of Ad Supported Content Partners, which shall be made available by such Ad Supported Content Partner. In consideration for the display and delivery of associated Promotional Material, Ad Supported Content will be delivered to you for no upfront fee or other sum being charged and the value of your wallet will not be reduced as a result of your access to such content in accordance with this Agreement. SIENA reserves the right to withdraw Ad Supported Content from PlayStation™Video or PlayStation™Vue at any time without notice to you. Licensed Rental Content (excluding Licensed Rental Content in 4K UHD): Licensed Rental Content will have a time period during which you can begin playback post purchase ("Rental Term"). Once you begin playback of your Licensed Rental Content, that content is viewable for up to 24 hours or such other period notified to you prior to finalizing your rental payment ("Rental Viewing Period"). The Rental Term and any applicable Usage Terms for each Licensed Rental Content item will be displayed to you prior to finalizing your rental payment. After the applicable Rental Viewing Period or Rental Term ends, whichever occurs first, you will not be able to view the Licensed Rental Content unless you obtain an additional license for that content. You may select the Authorized Device on which you want to view your Licensed Rental Content, but you may view it on only one Authorized Device at a time and in some cases on a limited number of Authorized Devices. You may view the content from any one of your Authorized Devices, except that in some cases if the Licensed Rental Content is in high definition or 3D format, it may not be viewable on some Authorized Devices. If the Licensed Rental Content is in 3D format, it may be viewed on one PlayStation®3 system that is an Authorized Device. Licensed Rental Content may not be transferred between an Authorized Download Device and an Authorized Streaming Device. Because some devices may be both an Authorized Download Device and an Authorized Streaming Device, you may, in certain cases, be able to initiate a stream of Licensed Rental Content on one such device and subsequently download that Licensed Rental Content to that same device. However, if you download or begin to download Licensed Rental Content to a device that is an Authorized Download Device, you may not subsequently stream that Licensed Rental Content. For Licensed Rental Content in 3D, high definition and standard definition format, the Rental Viewing Period begins when you begin to stream the Licensed Rental Content or begin playback of a downloaded version of that content, whichever you do first. For Licensed Rental Content in 4K UHD format, the 4K Rental Viewing Period begins immediately after you confirm your rental payment. Once playback of Licensed Rental Content in high definition or standard definition format has started on an Authorized Streaming Device, you may not be able to view that content using any other Authorized Device without a separate license payment. If you start playback of a downloaded version of Licensed Rental Content in high definition or standard definition format on an Authorized Download Device, the account that ordered the Licensed Rental Content may, during the Authorized Term, be able to transfer that content to a limited number of Authorized Download Devices, as described below. Licensed Rental Content in standard definition format downloaded onto an Authorized Download Device may be transferred to up to a total of six additional Authorized Download Devices with the exception of 4K Ultra HD Media Player systems. Downloaded Licensed Rental Content in standard definition format may be transferred between select personal computers with Media Go Software and PSP® handheld entertainment systems, select mobile telephones, and select tablets. Downloaded Licensed Rental Content in standard definition format may also be transferred between a PlayStation®3 system and PSP handheld entertainment systems, PlayStation®Vita handheld entertainment systems, and PlayStation®TV entertainment systems. Following such transfer, the Licensed Rental Content will no longer be available on the sending Authorized Download Device. Licensed Rental Content in 4K UHD: Licensed Rental Content in 4K UHD format is viewable for 24 hours (or such other period displayed to you prior to finalizing your rental payment) starting immediately after finalizing your rental payment. Licensed Rental Content in 4K UHD format may be downloaded solely to one 4K Ultra HD Media Player system and can only be viewed on a connected device that is capable of displaying such content and you are prohibited from viewing or transferring that content on any other Authorized Device, including other 4K Ultra HD Player systems, without a separate license payment. Other Licensed Content: Other Licensed Content may be downloaded to Authorized Download Devices and may also be streamed to Authorized Streaming Devices, subject to the terms of this Agreement. For Other Licensed Content that is downloaded, you may view such content for an unlimited number of times on Authorized Download Devices only. For Other Licensed Content that is streamed, you may be prohibited from streaming multiple titles of Other Licensed Content or multiple streams of a single title of Other Licensed Content from your Account at any one time. SIENA RESERVES THE RIGHT TO LIMIT OR REMOVE THE AVAILABILITY TO STREAM OR RE-DOWNLOAD OTHER LICENSED CONTENT AT ANY GIVEN TIME WITHOUT NOTICE TO YOU. After ordering Other Licensed Content, we encourage you to immediately download such content, where supported, on all Authorized Download Devices on which you may want to later view such content. You may have the option, as available, to order, free of charge, high definition and/or standard definition versions of Other Licensed Content ordered in 4K UHD format, and such standard definition and/or high definition versions of Other Licensed Content will be subject to the terms of this Agreement. SIENA reserves the right to withdraw such option at any time without notice to you. Other Licensed Content in standard definition format downloaded onto an Authorized Download Device may be copied to up to a total of six additional Authorized Download Devices with the exception of 4K Ultra HD Media Player systems. Downloaded Other Licensed Content in standard definition format may be copied between select personal computers with Media Go Software and PSP® handheld entertainment systems, select mobile telephones, and select tablets. Downloaded Other Licensed Content in standard definition format may be copied between a PlayStation®3 system and PSP® handheld entertainment systems, PlayStation®Vita handheld entertainment systems, and PlayStation®TV entertainment systems. Other Licensed Content in 3D or high definition format may be downloaded and viewed on only one PlayStation®3 system, and may not be transferred. Other Licensed Content in 4K UHD format may be downloaded to up to three 4K Ultra HD Media Player systems that are Authorized Devices and may only be viewed on a connected device capable of displaying 4K UHD content. You may have the option to order Video Content in 4K UHD, 3D, high definition and standard definition format. You acknowledge that delivery of content is dependent on variables not under SIENA's control, including the speed and availability of your broadband or network connection. You may experience delays or technical difficulties caused by or related to such variables. If you have ordered Video Content and view it using an Authorized Streaming Device, you may not be able to view content in the format that you have ordered due to such variables. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY CONTENT THAT YOU ARE NOT ABLE TO VIEW OR HAVE DIFFICULTY VIEWING DUE TO SUCH VARIABLES. We strongly encourage you to order content suitable for your viewing capabilities. You bear all responsibility for ensuring that you have the viewing capabilities to view content in the appropriate format or at all. Proper activation of an Authorized Device by the account that ordered the Video Content is required for all downloads, transfers, copies and viewings. Video Content is connected to the account used to order that content. Each account can activate no more than the maximum number of Authorized Devices, excluding 4K Ultra HD Media Players, regardless of the number of copies of Video Content ordered. Video Content may not be transferred from one account to another. You may not exceed the total number of accounts on any Authorized Device. Please refer to http://playstation.com/ and http://playstationnetwork.com/ for more information on the total number of permitted Accounts. SIENA reserves the right to limit the number of times an Authorized Device may be activated or deactivated. Downloading or streaming is not permitted outside the Authorized Term. In addition, once Video Content has been downloaded or accessed, you may not be able to download it again without an additional license. Some content such as movie trailers may not be representative of the actual feature presentation. Digitalized versions of some content may not be identical with the original formatted content or previously released versions of the same titled content. Video output in certain formats may require additional equipment, sold separately. PLAYSTATION®MOBILE CONTENT Subject to this Agreement's terms and any additional terms for particular content, SIENA licenses content through PlayStation®Mobile for your personal, private, non-commercial use in the United States on PlayStation-Certified devices. License payments for PlayStation®Mobile content are made through the PSN Wallet. Additional software for licensing, using or managing PlayStation®Mobile content may be required depending on the Authorized Device you use. Except for rights explicitly granted here, all rights in PlayStation®Mobile content are reserved by SIENA and its licensors. Some PlayStation®Mobile content may not be identical to the original formatted content or versions of other same-titled content. PLAYSTATION™NOW CONTENT Subject to this Agreement's terms and any additional terms for the particular content, SIENA offers interactive entertainment and gaming content through PlayStation™Now ("PlayStation Now Content") to account holders in select territories for your personal, private, non-commercial use on PlayStation™Now Devices. PlayStation Now Content may be offered in different forms, such as on a subscription and on a single transaction basis. License payments for PlayStation Now Content are made through the wallet. Additional software for licensing, using or managing PlayStation Now Content may be required depending on the Authorized Streaming Device you use. PlayStation Now Content available for use and the features available on PlayStation™Now are subject to change and revision at any time. Certain PlayStation Now Content and features made available to you are based on the IP address used by the PlayStation™Now Device at the time you access the service. If you choose to use certain features of PlayStation™Now, additional terms and limitations may apply. PlayStation Now Content offered on a single transaction basis is licensed for a limited time during which you will need to begin access and play ("Play Period"). The Play Period for PlayStation Now Content will be made available to you prior to finalizing your payment. Once you finalize payment, that PlayStation Now Content is made available to you as a licensed copy for rental only for period that you purchased ("Rental Period"). After the applicable Play Period or Rental Period ends, whichever occurs first, you will not be able to access or use that PlayStation Now Content unless you obtain an additional license for that PlayStation Now Content. You acknowledge that delivery and use of PlayStation Now Content, including during the entire Rental Period, is dependent on variables not under SIENA's control, including the speed and availability of your broadband connection, your geographic location, and the availability of PS Now servers. You may experience delays or technical difficulties caused by or related to these variables. The use of PlayStation Now Content may be interrupted if you do not register, provide certain information about your PlayStation™Now Device or your PlayStation™Now Device does not remain continuously connected online to the Internet. Some of PlayStation™Now's features may require you to install and operate applications on your PlayStation™Now Device. Failure to properly install and operate these applications will prevent you from using those features of PlayStation™Now that rely upon these applications. SIENA cannot guarantee that streams of PlayStation Now Content will be delivered uninterrupted, error-free and without fault or delay. TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY PLAYSTATION NOW CONTENT THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING DUE TO THESE VARIABLES AND CONDITIONS. PlayStation Now Content may only be used on one PlayStation™Now Device at a time and in some cases on a limited number of PlayStation™Now Devices. PlayStation™Now seeks to detect which PlayStation™Now Device is receiving PlayStation Now Content and some of your PlayStation™Now Devices may not stream or may have a stream terminated if you are using content on another one of your PlayStation™Now Devices. No ownership rights in PlayStation Now Content are transferred or assigned to you and all ownership rights in PlayStation Now Content are retained by the owners of those rights. Except for rights explicitly granted here, all rights in PlayStation Now Content are reserved by SIENA and its licensors. Some PlayStation Now Content may not provide the same features or be identical to the original formatted content or versions of other same-titled content. SUBSCRIPTIONS & FREE TRIALS SUBSCRIPTIONS SIENA may offer you the opportunity to purchase, order or download subscriptions that provide access to particular products or services for a specified period of time. Subscriptions renew automatically unless you cancel the subscription. The cost of each subscription will automatically be deducted from your wallet at the beginning of each subscription term without further notice to you. Subscriptions are available to Master Accounts and may be available to Sub Accounts for purchase, order or download, provided that the Master Account accepts the terms and conditions of the subscription for an associated Sub Account. Subscriptions may not be shared among any Accounts, including the Master Account with its associated Sub Accounts. However, some game content and features that are made available for certain subscriptions may be accessible by other users of the home Authorized Device of a subscriber or an Authorized Device where a subscriber is logged in. Some subscriptions may be single-product- or service-specific, while other subscriptions may be comprised of several content items, services or features, which may include special offers, discounted, free, paid-for, exclusive or early access content or automatic download of selected content. Individual content items and service within a composite subscription may also be offered for sale separately as a one-time order or single-product-specific subscription. Subscription charges may be increased at the end of each subscription term. As each product offering will have terms and conditions that vary, please review each product description, cost and subscription term carefully before order, payment or download. As with all orders, please print and retain a copy of your email order receipt for your reference. If you do not have sufficient funds in your wallet to cover the cost of your subscription at the time the subscription is renewed, the subscription will be cancelled unless the automatic funding feature on the Master Account is set to "ON." If the automatic funding feature on the Master Account is set to "ON," your credit card or other applicable payment instrument or mechanism may be charged automatically the greater of the subscription cost or the Minimum Fee. Every time you or one of your associated Sub Accounts purchases, orders or downloads a new subscription, the automatic funding feature in the Master Account is set automatically to "ON." The Master Account holder may change this setting to "OFF" at any time. However, the setting will return to "ON" upon subsequent purchase, order or download of any subscription, so setting your automatic funding feature to "OFF" may not effectively cancel your subscription. In order to stop receiving a subscription and avoid being charged, you must cancel your subscription in the Account Management area. If you no longer wish to receive your subscription, you must cancel your subscription by using account management or contacting customer service at www.playstationnetwork.com/support or the address located at the end of this Agreement. Cancellation will take effect at the beginning of the next subscription term. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, UPON CANCELLATION OF YOUR SUBSCRIPTION OR TERMINATION OF THE MASTER ACCOUNT OR SUB ACCOUNT, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY SUBSCRIPTIONS FOR WHICH YOU HAVE PAID. Further, you will not be able to access content or services provided in your subscription except as permitted by SIENA. Content that you downloaded onto a device and that was provided to you through a subscription at no additional cost beyond the subscription price may not be accessible. Game play information, including trophies earned during a trial offer, promotional period or subscription term may not be available. FREE TRIALS SIENA may also offer a free trial period with some subscriptions. Subject to the terms and conditions of the free trial offer, if you do not cancel your subscription before expiration of a trial period, your wallet may automatically be charged the cost of the subscription at the beginning of each subscription term without further notice to you. To avoid being charged, you must cancel your subscription prior to expiration. Please review all terms and conditions carefully before you accept any offer or promotion. MAINTENANCE AND UPGRADES From time to time, it may become necessary to provide certain content to you to ensure that PSN First Party Services and content offered through PSN First Party Services, your PlayStation®4 system, PlayStation®3 system, the PSP® system, PlayStation®Vita system, 4K Ultra HD Media Player system or other authorized hardware is functioning properly. Some content may be provided automatically without notice when you sign in. Such content may include automatic updates or upgrades which may change your current operating system, cause a loss of data or content or cause a loss of functionalities or utilities. Such upgrades or updates may be provided for system software for your PlayStation®4 system, PlayStation®3 system, the PSP® system, PlayStation®Vita system, 4K Ultra HD Media Player system or other authorized hardware. Access or use to any system software is subject to terms and conditions of a separate end user license agreement. You authorize SIENA to provide such content and agree that SIENA shall not be liable for any damages, loss of data or loss of functionalities arising from provision of such content or maintenance services. It is recommended that you regularly back up any archivable data located on the hard disk. USER MATERIAL AND INFORMATION SIENA may collect and share with its affiliates, including Sony Interactive Entertainment America LLC ("SIEA"), information relating to your participation in PSN First Party Services, including your sign-in ID, photos, friend's list, communications, content viewing history, purchase history and game play history (collectively, "Information") as well as your personally identifying information. You may have an opportunity to share or permit SIENA to share your Information relating to your participation in PSN First Party Services with third parties. If you choose to do so, use or distribution of your Information on any third party website or service may be subject solely to that third party's terms of service and privacy policy. Before electing to share your Information, please be aware of the kinds of Information you will be sharing and review the third party's terms of service and privacy policy. SIENA may also provide your Information to its subsidiaries or affiliates and vendors in order to provide you with the PSN First Party Services. You hereby authorize SIENA to use, distribute, copy, display, and publish your Information for any legitimate business purpose, including tournaments and ranking, without payment to you. You may have the option to create, post, stream or transmit content such as pictures, photographs, game related materials, or other information ("User Material") through PSN to share with others on PSN or select Third Party Services, provided no rights of others are violated. To the extent permitted by law, you authorize and license SIENA a royalty free and perpetual right to use, distribute, copy, modify, display, and publish your User Material for any reason without any restrictions or payments to you or any third parties. You further agree that SIENA may sublicense its rights to any third party, including its affiliates and subsidiaries. You hereby waive, to the extent permitted by applicable law, all claims, including any moral or patrimonial rights, against SIENA, its affiliates and subsidiaries for SIENA or any third party's use of User Material. By creating, posting, streaming, or transmitting any User Material, you represent and warrant that you have the appropriate rights to use, create, post, distribute, and transmit User Material and to grant SIENA the foregoing license. You further agree to cooperate with SIENA in resolving any dispute that may arise from your Information or User Material. SIENA reserves the right to remove any Information or User Material at its sole discretion. Some games played on or provided through PSN may have features that allow your information, including game play, name, Online ID, photos, Friend's list, messages and related gaming information to be recorded by a user and distributed to any third party publicly, including users outside of PSN. You agree that any third party may record, use and distribute such information for any reason without any restrictions or compensation to you. Additional terms and conditions may apply, including SIENA's Privacy Policy, SIEA's Privacy Policy and the terms and conditions of any game publisher or service provider. Please review all terms carefully. If you do not want your information to be used, recorded or distributed, please do not play the game online through PSN. Through your use of PSN First Party Services, you may be provided with information about SIENA's or a third party's products or services. This information includes, but is not limited to, promotions, advertisements, product placements or marketing materials within PSN First Party Services or a game, irrespective of whether the game is connected with or provided through PSN. You agree that SIENA and its partners and providers may collect information regarding your activities, access, purchases, viewing history or game play, and may use and distribute such information subject to the terms of SIENA's Privacy Policy or the policies of third parties where applicable. SIENA does not endorse any of the third party products or services advertised, promoted or marketed. TERMINATION / CANCELLATION If SIENA determines in its sole discretion that you or your associated Sub Accounts have violated any term of this Agreement, the Usage Terms, or any other terms and conditions connected with PSN First Party Services or have otherwise injured or damaged the PSN First Party Services community, SIENA may take all actions to protect its interests, including termination or suspension of your Account (both the Master Account and any associated Sub Accounts), automatic removal or blockage of content, implementation of upgrades or devices intended to discontinue unauthorized use, permanent or temporary disablement of any system or device through which you receive PSN First Party Services or reliance on any other remedial efforts as necessary to remedy the violation. If the violation is in connection with content that you or your Sub Accounts have accessed, you must immediately cease use of such content and delete all copies from all of your devices. UPON TERMINATION OF YOUR ACCOUNT FOR ANY REASON, YOU WILL NOT RECEIVE A REFUND FOR ITEMS (INCLUDING SUBSCRIPTIONS AND PRE-PAID PRODUCTS OR SERVICES), VALUE ACCUMULATED ON IN-GAME ITEMS OR ANY UNUSED BALANCE IN YOUR WALLET EXCEPT AS REQUIRED BY LAW OR AS EXPRESSLY PROVIDED IN THIS AGREEMENT. After your account is terminated, you will not be able to access PSN First Party Services. Any game ranking or scores, or information in connection with PSN First Party Services will not be retained or accessible by you or your associated Sub Accounts. In some situations, we may suspend or terminate your Master Account, but permit you to retain your associated Sub Accounts. If you do not terminate your Sub Accounts, you will be liable for all their acts. You may not alter any of the settings on your Master Account, including parental control settings placed on your Sub Accounts prior to the termination or suspension of your Master Account. Your Sub Accounts will be permitted to use the remaining funds in your wallet provided that the Sub Account has not exceeded the limit you placed on the Sub Account. Additionally, you will not receive further correspondence from SIENA about your Sub Accounts, including purchases made by your Sub Accounts. SIENA reserves the right to bring legal action and to participate in any government or private legal action or investigation relating to your conduct, which may require the disclosure of your information. Unless as otherwise stated in this Agreement, SIENA, at its sole discretion, may indefinitely suspend, or discontinue any and all online access to content at any time, including for maintenance service or upgrades, without prior notice or liability. BINDING INDIVIDUAL ARBITRATION Purpose. The term "Dispute" means any dispute, claim, or controversy between you and any Sony Group of Companies entity ("Sony Entity") regarding any PSN First Party Services or the use of any devices sold by a Sony Entity to access PSN First Party Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any Sony Entity or any of a Sony Entity's officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the Sony Entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Exclusions from Arbitration. YOU AND THE SONY ENTITIES AGREE THAT ANY CLAIM FILED BY YOU OR BY A SONY ENTITY IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY SIENA IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PSN FIRST PARTY SERVICES ONLINE ID, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SONY ENTITY THROUGH ARBITRATION. Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY SONY ENTITY, YOU MUST SEND WRITTEN NOTICE TO 6080 CENTER DRIVE, 10TH FLOOR, LOS ANGELES, CA 90045, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: SONY LEGAL DEPARTMENT: DISPUTE RESOLUTION" TO GIVE SIENA OR THE SONY ENTITY YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Sony Entity you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the Sony Entity you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this Section. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND THE SONY ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the Sony Entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties. Arbitration Procedures. Because the software and/or service provided to you by the Sony Entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the Sony Entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Sony Entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration. You or the Sony Entity you have a Dispute with may initiate arbitration in either San Mateo County, California or the United States county in which you reside. In the event that you select the county of your United States residence, the Sony Entity you have a Dispute with may transfer the arbitration to San Mateo, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator. Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the Sony Entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury. Continuation. This Section shall survive any termination of this Agreement or the provision of PSN First Party Services to you. GOVERNING LAW AND JURISDICTION YOU AND SIENA AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTE BETWEEN YOU AND THE SONY ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA. GENERAL LEGAL SIENA, at its sole discretion, may modify the terms of this Agreement at any time, including imposing a fee for creating accounts. By accepting this Agreement or by accessing PSN First Party Services, you agree to be bound by all current terms of the Agreement. To access a printable, current copy of this Agreement, go to http://www.playstationnetwork.com/ on your personal computer. If material changes to this Agreement are made, you will be notified by e-mail or other communication when you sign in to PSN First Party Services. If necessary, you will be given additional choices regarding such change(s). Your continued use of PSN First Party Services, including use of your associated Sub Account(s), will signify your acceptance of these changes. If you do not accept material changes to the Agreement, contact us to terminate this Agreement and your account(s). This Agreement shall inure to the benefit of the parties, including any successors in interest of SIENA. SIENA has the right to assign any and all of its rights and obligations hereunder to any affiliate(s) or to any company in the Sony family group of companies. In addition to the benefits obtained by Sony Interactive Entertainment America LLC under "BINDING INDIVIDUAL ARBITRATION" Section, Sony Interactive Entertainment America LLC is a third party beneficiary of this Agreement. If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect. Except as otherwise required by applicable law, this Agreement shall be construed and interpreted in accordance with the laws of the State of California applying to contracts fully executed and performed within the State of California. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in the state courts of San Mateo County, California and the federal courts of the Northern District of California. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY No warranty is given about the quality, functionality, availability or performance of PSN First Party Services, or any content or service offered on or through PSN First Party Services. All services and content are provided "AS IS" and "AS AVAILABLE" with all faults. SIENA does not warrant that the service and content will be uninterrupted, error-free or without delays. In addition to the limitations of liability of this Agreement, SIENA expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SIENA assumes no liability for any inability to purchase, access, download or use any content, data or service. YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM PSN FIRST PARTY SERVICES OR IN CONNECTION WITH THIS AGREEMENT AND SIENA'S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR WITH RESPECT TO YOUR USE OF OR ACCESS TO PSN FIRST PARTY SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES, NOT TO EXCEED THE UNUSED FUNDS IN YOUR WALLET AS OF THE DATE OF TERMINATION. EXCEPT AS STATED IN THE FOREGOING SENTENCE, SIENA EXCLUDES ALL LIABILITY FOR ANY LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR DOWNLOADING ANY CONTENT TO YOUR PLAYSTATION®4 COMPUTER ENTERTAINMENT SYSTEM, PLAYSTATION®3 COMPUTER ENTERTAINMENT SYSTEM, THE PSP SYSTEM, PLAYSTATION®VITA SYSTEM, 4K ULTRA HD MEDIA PLAYER SYSTEM, BRAVIA® TELEVISION, SONY BLU-RAY® DISC PLAYER OR ANY HARDWARE DEVICE, OR USING OR ACCESSING PSN FIRST PARTY SERVICES. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. You acknowledge that PSN First Party Services may require an internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third party fees associated with your internet connection, including but not limited to internet service provider or airtime charges. The provision, quality and security of such internet connectivity are the sole responsibility of the third party providing such service. Authorized Devices sold separately. PLEASE CONTACT SONY INTERACTIVE ENTERTAINMENT AMERICA LLC CONSUMER SERVICES FOR FURTHER INFORMATION OR QUESTIONS VIA OUR WEBSITE http://us.playstation.com/support/ask/ OR BY PHONE AT 877-971-7669 OR AT THE FOLLOWING ADDRESS: SONY INTERACTIVE ENTERTAINMENT AMERICA LLC CONSUMER SERVICES DEPARTMENT, P.O. BOX 5888, SAN MATEO, CALIFORNIA, 94402-0888, UNITED STATES OF AMERICA. YOU MAY ALSO CONTACT US FOR FURTHER INFORMATION ON PSN VIA OUR WEBSITE http://www.playstationnetwork.com/support OR BY PHONE TOLL FREE AT 855-999-7669 OR AT THE FOLLOWING ADDRESS SONY INTERACTIVE ENTERTAINMENT NETWORK AMERICA LLC CONSUMER SERVICE, 6080 CENTER DRIVE, SUITE 1000, LOS ANGELES, CALIFORNIA, 90045, UNITED STATES OF AMERICA. IN ORDER TO CONTACT US FROM LATIN AMERICA, PLEASE USE THE FOLLOWING: Argentina: 011-6770-7669 Bolivia: 800-10-0228Brazil: 0800-880-7669 (from outside Brasilia) Brazil: 4003 7669 (inside Brasilia) Chile: 800-261-800; (56)(2)7546333 Colombia: Bogotá: 3581251; Nacional: 01-8000-94-00-11 Costa Rica: 0-800-507-1007 Ecuador: 1-800-00-7669 El Salvador: 800-6148 Guatemala: 1-800-2990001 Honduras: 800-2791-9266 Mexico: 01 800-759-7669; 5002-9819 Nicaragua 1-800-507-0011 Panama: 800-2050; 800-7669 Paraguay: https://scea.secure.force.com/LiveChatRequest?lang=es Peru: 0-801-1-7000; (51)(1)201-2600 Uruguay: https://scea.secure.force.com/LiveChatRequest?lang=es ELECTRONIC ARTS SOFTWARE END USER LICENSE AGREEMENT PLEASE NOTE: SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIV ER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH EA. PLEASE READ IT. This End User License Agreement (“Licen se”) is an agreem ent between you and Electronic Arts Inc., its subsidiaries and af filiates (“EA”). This License governs your use of this software product and all related documentation, and updates and upgrades that replace or supplement the software in any respect and which are not distributed with a separate license (collectively, the " Software "). This Software is licensed to you, not sold. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE AND AGREE TO BE BOUND BY IT. SECTION 2 BELOW DESCRIBES THE DATA EA MAY USE TO PROVIDE SERVICES AND SUPPORT TO YOU IN CONNECTION WITH THE SOFTWARE. IF YOU DO NOT AGREE TO THIS USE OF DATA , DO NOT INSTALL OR USE THE SOFTWARE. SECTION 14, BELOW, PROVIDES THAT ANY DISPUTES MUST BE RESOLVED BY BINDING ARBITRAT ION ON AN INDIVIDUAL BASIS. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YO U. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE THE SOFTWARE. Right to Return (Applicable To Those Who Purchased Packaged Software From Physical Retail Stores In the United States) . If you do not agree to the terms of this License an d you have not fully installed or used the Software, you may return the Software for a refund or exchange within thirty (30) days from the date of purchase to the original place of purchase by following the instructions for return available at http://warrantyinfo.ea.com . 1. Limited License Grant and Terms of Use . A. Grant . Through this purchase, you are acquiring and EA grants you a personal, limited, non-exclusive license to install and use the Software for your non-commercial use solely as set forth in this License and the accompanying documentation. Your ac quired rights are subject to your compliance with this Agreement. A separate Terms of Service agreement governs your use of online services in co nnection with the Software. You may view the Te rms of Service agreement at http://terms.ea.com . A separate Privacy and Cookie Policy governs the collection, storage, use an d transfer of user info rmation. You may view the Privacy and Cookie Policy at http://privacy.ea.com B. Access to Online Features And/Or Services. An EA Account, including the accepta nce of EA’s online Terms of Service ( http://terms.ea.com ) and Privacy and Cookie Policy ( http://privacy.ea.com ) and registration with the serial code enclosed with the Software, may be required to acce ss online services and/or features. Only licensed software can be used to access online services and/or features, including downloadable cont ent and access to such features, is limited to you and your immediate fa mily or members of your household. C. EA may make virtual points, coins, or currencies (“EA Virtual Currency”) available for use in the Software. By purchasing, earning, or otherwise receiving EA Virtual Currency from EA or EA’s approv ed partners or affiliates, you obtain a personal, limi ted, non-assignable, revocable license to access and select from the in-game content th at EA expressly makes available within the Software. EA Virtual Currency has no monetary value and does not constitute currency or property of any type. EA Virtual Currency cannot be sold, traded, tran sferred, or exchanged for cash; it may only be redeemed for in-game content with in the Software. EA Virtual Currency is non- refundable unless expressl y authorized by EA in writing or otherwise required by law. D. Restrictions on the use of EA Virtual Currency applicable to licensees who reside in Japan. You agree to use any EA Virtual Currency purchased for use in the Soft ware within 180 days after the date of purchase. 2. Consent to Use of Data. EA knows that you care how information about you is collected, used and shared, and we appr eciate your trust that we will do so carefully and sensibly. Information about our customers is an important part of our business, and EA would never sell your personally identifiable information to anyone. We and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce EA’s legal rights. When you play this game, EA and its affiliates may collect and store data from your computer or device. Info rmation that EA and its a ffiliates collect includes technical and related information rega rding your computer (or device) and operating system (including Internet Pr otocol Address and device ID(s)), as well as information about your Software usage (including but not limited to successful installation and/ or removal), gameplay and usage statistics, system interactions and peripheral hardware. If you play this game offline, this data will be transmitted to EA and its affiliat es if and when you access online features and/or services. EA and its affiliates ma y use this information to improve their products and services, provide services to and communicate with you (including for marketing purposes), facilitate the provision of software updates, dynamically served content, and software support, and to trouble-shoot bugs or otherwise enhance your experience. IF YOU DO NOT CONSENT TO THIS COLLECTION AND USE OF INFORMATIO N, DO NOT INSTALL OR USE THE SOFTWARE. This and all other data provided to EA and/or collected by EA in connection with your installation and use of this Software is collected, used, stored and transmitted by EA, 209 Redwood Shores Parkway, Redwood City, CA 94065 in accordance with EA’s Privacy and Cookie Policy at www.ea.com . To the extent that anything in this section conflicts or is inconsistent with EA’s Privacy and Cookie Policy, the terms of the Privacy and Cookie Policy shall control. 3. Consent to Public Display of Data. If you participate in online services, such as online play or the downloading and uploadin g of content, EA and its affiliates may also collect, use, store, transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or identify content that is cr eated and shared by you with other players. Data that personally identifies you is collected, used, st ored and transmitted in accordance with EA’s Priv acy and Cookie Policy lo cated at www.ea.com. 4. Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from EA if you fail to comply with an y of the terms and co nditions of this License. Promptly upon termination, yo u must cease all use of the Software and destroy all copies of the Softwa re in your possession or control. Termination will not limit an y of EA’s other rights or remedies at law or in equity. Sections 4 – 14 of this License shall survive termination or expiration of this License for any reason. 5. Limited Warranty on Recording Media. THE LIMITED WARRANTY ON RECORDING MEDIA THAT ACCOMPANIES YOUR SOFTWARE IS INCORPORATED HEREIN BY REFERENCE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LOCAL LAW, WHIC H VARY FROM JURISDICTION TO JURISDICTION. 6. Limitation of Liability; Disclaimer of Warranties THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. FOR ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and- cancellations/ . Disclaimer of Warranties. EXCE PT FOR THE LIMITED WARRANTY ON RECORDING MEDIA, IF APPLICABLE , AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AN D YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY “EA”) DO NOT MA KE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFAC TORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINF RINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRAC TICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIB LE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVID ED BY EA OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. FOR ADDITIONAL INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and- cancellations/ . 7. Limitation of Liability and Discla imer of Warranties are Material Terms of this License . You agree that the provisio ns in this License that limit liability are essential terms of this License. The foregoing limitations of liability apply even if the above stated remedy under the Limited Warranty for Recording Media fails in its essential purpose. 8. Severability and Survival . If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possibl e the effect of the original term and all other provisions of this License shall continue in full fo rce and effect. 9. U.S. Government Restricted Rights . If you are a gove rnment end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expens e, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) an d DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial item s,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12 .212, and to the extent required under U.S. federal law, the minimum re stricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduc tion, release, performance, display, disclosure or distribution thereof by or for the U. S. Government shall be governed solely by this License and sh all be prohibited ex cept to the extent expressly permitted by this License. 10. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to EA for which monetary damages would not be an adequate remedy and EA shall be entitled to seek equitable relief in addition to any remedies it may have hereund er or at law without a bond, other security or proof of damages. 11. Governing Law. If you reside in the European Union, (i) the laws of your country of residence govern this License and your use of the Software; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or yo ur use of the Application shall be the Courts of your country of residence, and you ex pressly consent to the exercise of personal juri sdiction of such courts. If you reside in the Repub lic of Korea, (i) the laws of Korea, excluding its conflicts-of-law rules, g overn this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or yo ur use of the Application shall be the Courts of Ko rea, and you expressly cons ent to the exercise of personal jurisdiction of such courts. For all other purchasers: (i) the laws of the State of California, excluding its conflicts-of-law rules, gove rn this License and/or your use of the Application; and (ii) you expressly agr ee that for claims and disp utes not subject to the arbitration provision in section 14, belo w, exclusive jurisdic tion for any claim or action arising out of or relating to this License and/ or your use of the Application shall be the federal or stat e courts that govern San Mateo County, California, and you expressl y consent to the exercise of personal jurisdiction of such courts. Please note that you r conduct may also be subject to other local, state, national, and internationa l laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to an y dispute or transaction arising out of this License. 12. Entire Agreement. This License constitutes the entire agreement between you and EA with respect to the Soft ware and supersed es all prior or contemporaneous understandings re garding such subject matter. No amendment to or modificati on of this License will be binding unless made in writing and signed by EA. No failure to exercise, and no delay in exercising, on the part of either part y, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right he reunder. In the event of a conflict between this License and any app licable purchase or other terms, the terms of this License shall govern. 13. Dispute Resolution for Reside nts of the European Union . Most user concerns can be resolved qu ickly and to your satisfac tion by logging into our customer support interfa ce with your Account at http://help.ea.com . In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you af ter attempting to do so informally), then either you or we may refer this matter to alternative dispute resolution (such as conciliation or arbitration) with the prior written consent of the other party. 14. Dispute Resolution By Binding Arbitration . This Section 14 is applicable to all purc hasers except those that reside in the European Union. The purpose of this S ection is to provide a streamlined method for resolution of disputes be tween us if they arise. As discussed below in Section 14.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlem ent offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over an d above your arbitration award. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most of your concerns can be resolved qu ickly and to your satisfaction by logging into the EA customer support in terface with your Account at http://help.ea.com . In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has wi th you after attemp ting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Ru ssia, Switzerland and the Member States of the European Union, and th e Republic of Korea. By accepting the terms of this License, you and EA expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. The arbitrator, and no t any local, state or federal court, has the exclusive auth ority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formatio n of this agreement to ar bitrate, including but not limited to any claim that all or any pa rt of this agreement to arbitrate is unenforceable. This Section covers any and all disputes between us (“ Disputes ”), including without limitation: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in co ntract, tort, statute, fraud, misrepresentation or an y other legal theory; (b) claims that arose before this Agreement or any prior agreement (including, but not limited to, clai ms relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the te rmination of this Agreement. The only disputes that are not covered by this Section are the following: 1) a claim to enforce or protect, or con cerning the validity of, any of your or EA’s (or any of EA’s licensors ’) intellectual property rights; 2) a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; 3) if you reside in Australia: a clai m to enforce any statutory consumer rights to which you are entitled under the Australia n Consumer Law; and 4) in addition, nothing in this Agreem ent shall prevent either party from initiating a small claims court action. References to "EA," "you," and "us" incl ude our respective subsidiaries, affiliates, agents, employees, predecessors in interest , successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prio r agreements between us. Th is agreement to arbitration evidences a transaction in interstate co mmerce, and thus the Federal Arbitration Act governs the interpretation and enforcem ent of this Section. This agreement to arbitrate shall survive termination of this EULA. A . Informal Negotiations/Notice of Dispute. You and EA agree to first attempt to resolve any Disput e informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“ Notice of Dispute ”). Notices of Dispute must: (a) include the full name and contact inform ation of the complaining party; (b) describe the nature and basis of the cl aim or dispute; and (c) set forth the specific relief sought (" Demand "). EA will send its No tice of Dispute to your billing address (if you provide d it to us) or to the em ail address you provided to us. You will send your No tice of Dispute to: Electroni c Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. B . Binding Arbitration. If you and EA are unab le to resolve a Dispute through informal negotiatio ns within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute fina lly and exclusively resolved by binding arbitration. Any el ection to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shal l be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“ AAA Consumer Rules ”), both of which are available at the AAA website www.adr.org . Your arbitration fees and your share of arbitrator compensation shall be g overned by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send EA a noti ce to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses. The arbitration may be conduc ted in person, through the submission of documents, by phone or online. Th e arbitrator shall ma ke a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable la w, and any award may be challenged if the arbitrator fails to do so. You and EA may litigate in court to compel arbitration, to stay proceed ing pending arbitration, or to confirm, modify, vacate or enter judgment on the awar d entered by the arbitrator. C . Restrictions. You and EA agree that any arbitration shall be limited to the Dispute between EA and you indivi dually, regardless whether the relief sought is monetary or inju nctive in relief, and any re lief awarded in arbitration shall be applicable only to you in your individual capacity. To the full extent permitted by law: (a) no arbitration sh all be joined with any other; (b) no Dispute shall be arbitrated on a class basi s or utilize class ac tion procedures; and (c) there is no right or authority for an y Dispute to be brought in a purported representative capacity on behalf of th e general public or on behalf of any person other than yourself. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the ar bitrator may not consolidate more than one person's claims, and may not othe rwise preside over any form of a representative or class proceeding. If this specific provisio n is found to be unenforceable, then the entire ty of this agreement to ar bitrate shall be null and void. D . Location. If you are a resident of the United States, arbitration will take place at any reasonable location co nvenient for you. For residents outside the United States, arbitratio n shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agr ee to submit to the personal jurisdiction of th at court, in order to comp el arbitration, to stay proceeding pending arbitration, or to conf irm, modify, vacate or enter judgment on the award entered by the arbitrator. E . Recovery and Attorneys’ Fees. If the arbitrator ru les in your favor on the merits of any claim yo u bring against EA and issues you an award that is greater in monetary value than EA's la st written settlement offer made before final written submissions are made to the arbitrator, then EA will: (a) Pay you 150% of your arbitration award, up to $5,000 over and above your arbitrat ion award; and (b) Reimburse all of the filing, administ ration and arbitrator fees that you paid to the AAA. Each part y will be responsible for its own attorneys’ fees and related expenses (including expe rt witness fees and costs), but the arbitrator w ill have the authority to award attorneys’ fees and ex penses if such an award is available under applicable law. EA waives any ri ght it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us. F . Limitation on Arbitrator’s Authority. The arbitrator may award declaratory or injunctive re lief only in favor of the in dividual party seeking relief and only to the exte nt necessary to pr ovide relief warranted by that party's individual claim. G . Changes to Agreement. EA will not enforce ma terial changes to this agreement to arbitrate against account ho lders absent express agreement to the changed terms. 15. PlayStation®Store Purchases in Europe. Any content purchased in an in-game store will be purchased from Sony Network Ente rtainment Europe Limited ("SNEE") and be subject to "Pla yStation Network" Terms of Service and User Agreement which is availabl e on the PlayStatio n®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content availabl e in any in-game store has the same age rating as the game. 16. PlayStation®Store Purcha ses in USA and Canada. Purchase and use of items are subject to the "PlayStation Network" Terms of Service and User Agreement. This online service has been subli censed to you by Sony Computer Entertai nment America. ELECTRONIC ARTS TERMS OF SERVICE PLEASE NOTE: SECTION 20 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH EA. PLEASE READ IT. These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or EA Account to access, install or play as well as any EA Account you use to access online or mobile products or services ("EA Services") offered by Electronic Arts or any of its subsidiaries and affiliates (collectively, "EA") for PC, game system or mobile device. If you reside in the United States, Canada or Japan, these terms are an agreement between you and Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City, CA 94065, USA.  If you reside in any other country, then these terms are an agreement between you and EA Swiss Sàrl, a company registered in the Geneva Companies Registry with company registration number: CH-660-2328005-8 and with offices at 8 Place du Molard, 1204 Geneva, Switzerland.  If additional terms and/or agreements apply to the EA Service(s) used by you, those additional terms and/or agreements govern your use of EA Services as well. These Terms of Service, as well as EA’s Privacy and Cookie Policy available at privacy.ea.com  (incorporated herein by reference) form legally binding contracts between you and EA.  By using EA Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them.  You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You agree to check terms.ea.com periodically for new information and terms that govern your use of EA Services.  EA may modify the Terms of Service at any time.  Revisions to terms affecting existing EA Services shall be effective thirty (30) days after posting at terms.ea.com.  Terms for new EA Services are effective immediately upon posting at terms.ea.com.  EA will not enforce material changes to this Agreement against account holders absent express agreement to the changed terms. Table of Contents 1. EA Account 2. Content 3. Entitlements 4. Use of Content and Entitlements/General License Restrictions 5. Content and Entitlement Availability 6. Contributing Third Party Content to EA Services 7. UGC License Grant to EA and Others 8. EA Virtual Currency 9. Termination of EA Services 10. Cancellation of your Account 11. Rules of Conduct 12. Services Not Controlled By EA 13. Software, Utilities and Tools 14. Export Control Laws 15. Updates to EA Services 16. Limitations on Warranty and Liability 17. Indemnification 18. Links to Third-Party Sites 19. General Terms 20. Dispute Resolution By Binding Arbitration 21. Entire Agreement 22. Notice to California Residents 23. Supplemental Terms 1. EA Account An EA Account, formerly known as an Origin Account ("Account"), may be required to access and use some EA Services.  If you have questions about Account registration, please contact us by visiting help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). To create an Account, you must have an email address, and provide truthful and accurate information.  You must be eligible to use the EA Service for which you are registering.  In addition, some EA Services may require creation of a "user name" or a "persona" to represent you in game and online.  User names and personas are tied to your Account.  You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account.  Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal.  You should not reveal your Account password to others.  EA will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. 2. Content  "Content" on EA Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from EA Services, as well as the design and appearance of our websites.  Content includes user-generated Content ("UGC").  UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to EA Services.  EA Content and UGC collectively shall be referred to as "Content."  All Content--with the exception of UGC discussed below in Section 6 and 7--is owned by EA or its affiliates, subsidiaries, licensors or suppliers.  You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on EA Services.  3. Entitlements "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of EA Services and/or products.  Entitlements include but are not limited to paid and free downloadable content; unlockable content; digital content, including additional or enhanced functionality, content subscriptions; virtual assets; rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind; in-game achievements; virtual points, coins, or currencies (each individually or collectively defined as “EA Virtual Currency”). 4. Use of Content and Entitlements/General License Restrictions EA grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional Terms applicable to the EA Services accessed by you.  Content and Entitlements and all other intellectual property rights in or on EA Services as well as the products and services offered through EA Services, are owned by EA or EA's third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy, access, or download any Content and/or Entitlements from an EA Service unless you are expressly authorized to do so.  In addition, unless expressly authorized by EA, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements.  Any commercial use is prohibited.  You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content.  Your rights are subject to your compliance with these Terms of Service as well as any other applicable Terms. EA reserves all right, title and interest in any Content, Entitlements, EA Services and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service.  Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of EA and does not include any rights to other patents or intellectual property.  Making unauthorized copies or distribution of Content and/or Entitlements found on EA Services may result in the termination of your Account(s), prohibition on use of EA Services, and further legal action as set out in Section 9 below.  Content and/or Entitlement owners may take legal action against you for unauthorized use of intellectual property. 5. EA Services, Content and Entitlement Availability Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted.  Entitlements may be purchased or acquired only from EA or an authorized retailer.  EA reserves the right to refuse your request(s) to acquire Entitlements, and EA reserves the right to limit or block any request to acquire Entitlements for any reason.  We do not guarantee that any EA Services, Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you.  Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services, subject to any rights of return you may have under Section 16 or under any applicable consumer law in your territory. 6. Contributing UGC to EA Services EA does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to EA Services.  You are solely responsible for your UGC and may be held liable for UGC that you post. EA respects the intellectual property rights of others.  You must have the legal right to upload UGC to EA Services.  You may not upload or post any UGC on EA Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity.  You may upload only UGC that you are permitted to upload by the owner or by law. EA may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party.  If you are a repeat infringer of EA's or a third party's intellectual property or other rights, EA may terminate your Account without notice to you.  If your Account(s) is/are terminated under this paragraph, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account. EA reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when EA determines that UGC violates these terms.  The decision to remove UGC or other Content at any time is in EA's sole and final discretion.  To the maximum extent permitted by applicable law, EA does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content. 7. UGC License Grant to EA and Others When you contribute UGC to an EA Service, you expressly grant to EA and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party.  You grant EA and its licensors all licenses, consents and clearances to enable EA and its licensors to use such UGC for such purposes.  You waive and agree not to assert any moral or similar rights you may have in such UGC. If the EA Service on which you contribute UGC permits other users to access and use that UGC as part of the EA Service, then you also grant all other users of the relevant EA Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant EA Service without further notice, attribution or compensation to you. 8. EA Virtual Currency Certain EA Services may make virtual points, coins, or currencies (“EA Virtual Currency”) available in-game.  By purchasing, earning, or otherwise receiving EA Virtual Currency from EA or EA’s approved partners or affiliates, you obtain a personal, limited, non-assignable, revocable license to access and select from the content that EA expressly makes available within the applicable EA Service. EA Virtual Currency has no monetary value and does not constitute currency or property of any type.  EA Virtual Currency cannot be sold, traded, transferred, or exchanged for cash; it may only be redeemed for EA In-Game Content.  EA Virtual Currency is non-refundable unless expressly authorized by EA in writing or otherwise required by law. 9. Termination of EA Services EA may terminate access to EA Services, or parts of such EA Services, at any time by giving you notice of such termination within the time period specified when you joined the particular EA Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at EA’s discretion) provided to you via email or is posted on the applicable product or EA Service or on http://www.ea.com/2/service-updates. EA may also terminate access to EA Services for violation of this Terms of Service, if EA (in its sole discretion) deems that your use of EA Services renders EA Services less safe for others and/or minors or for illegal or improper use of EA Services, Content, Entitlement, products, or EA's Intellectual Property as determined by EA in its sole discretion.  You may lose your user name and persona as a result of  termination.  If you have more than one (1) Account, EA may terminate all of your Accounts and all related Entitlements.  In response to a violation of these Terms of Service or any other agreement applicable to EA Services accessed by you, EA may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all EA Services or certain EA Services.  You acknowledge that in such an instance EA is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all EA Services or selectively removing, revoking or garnishing Entitlements associated with your Account.  If EA terminates your Account, you may not participate in an EA Service again without EA's express permission.  EA reserves the right to refuse to keep Accounts for, and provide EA Services to, any individual.  You may not allow individuals whose Accounts have been terminated by EA to use your Account. Please note, EA considers notification of a chargeback to a payment made from an Account as strong evidence of fraud occurring on your Account.  For your safety, EA may temporarily or permanently terminate your Account and/or selectively remove, revoke or garnish the EA Services associated with your Account upon notification of a chargeback. If your Account, or a particular subscription for an EA Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all EA Services, no refund will be granted (in all other circumstances, see Section 16 for your refund rights), no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular EA Service.  If you believe that any action has been taken against your Account or device in error, please contact Customer Support at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). 10. Cancellation of your Account You have the right to cancel your Account or a particular subscription to an EA Service at any time.  If you do not agree to the terms in this Terms of Service, your sole remedy is to not use EA Services and to cancel your Account or applicable subscriptions.  You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with EA, including any dispute related to, or arising out of: (1) any term of this Terms of Service or EA's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through EA Services or any change in Content or Entitlements provided through EA Services; (3) your ability to access and/or use EA Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for EA Services and/or any Content or Entitlements thereon. Contact EA's Customer Service Department at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic) to cancel your Account.  EA reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to an EA Service.  You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation.  Any delinquent or unpaid fees and other unresolved issues with EA Services must be settled before you establish a new Account. 11. Rules of Conduct You may violate the Terms of Service if, as determined by EA in its sole discretion, you: - Post, transmit, promote, or distribute Content that is illegal. - Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. - Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.  Hate speech is not tolerated. - Use abusive, offensive, or defamatory screen names and/or personas. - Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of EA Services.  Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within an EA Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements. - Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text]. - Impersonate another person (including celebrities), indicate falsely that you are an EA employee or a representative of EA, or attempt to mislead users by indicating that you represent EA or any of EA's partners or affiliates. - Attempt to get a password, account information, or other private information from anyone else on EA Services. - Upload any software or Content that you do not own or have permission to freely distribute. - Violate any additional Rules of Conduct applicable to a specific EA Service that you are using. - Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items. - Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt EA Services. - Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. - Improperly use in-game support or complaint buttons or make false reports to EA staff. - Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications. - Use any game hacking/altering/cheating software or tools. - Modify or attempt to modify any file or any other part of the EA Service that EA does not specifically authorize you to modify. - Post or communicate any person's real-world personal information using an EA Service. - Attempt to interfere with, hack into or decipher any transmissions to or from the servers for an EA Service. - Use and communicate exploits and/or cheats. - Attempt to use EA Software on or through any service that is not controlled or authorized by Electronic Arts.  Any such use is at your own risk and may subject you to additional or different terms.  EA takes no responsibility for your use of EA Software on or through any service that is not controlled by Electronic Arts. - Interfere with the ability of others to enjoy playing an EA Service or take actions that interfere with or materially increase the cost to provide an EA Service for the enjoyment of all its users. - Unless expressly authorized by EA, you may not sell, buy, trade or otherwise transfer your Account or any personal access to EA Services, Content or Entitlements, including by use of auction websites. - You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software. - Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums. - Abuse or exploit bugs, undocumented features, design errors or problems in the game. - “Role–playing” is not an excuse for violating this or any other policy. Specific EA Services may also post additional rules that apply to your conduct on those services.  You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use EA Services.  EA reserves the right to terminate your Account and to prevent your use of any and all EA Services if your Account is used to engage in illegal activity or to violate this Terms of Service.  Unless otherwise specified, there is no requirement or expectation that EA will monitor or record any online activity on EA Services, including communications.  However, EA reserves the right to access and/or record any online activity on EA Services and you give EA your express consent to access and record your activities.  EA reserves the right to remove any content from any EA Service at EA's sole discretion.  EA has no liability for your or any third party's violation of this Agreement. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to EA using the "Help" or "Report Abuse" functions in the relevant EA Service, if available, or contact Customer Support at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic). 12. Services Not Controlled By EA Some products may give you the option of using EA Software on or through a service that is not controlled by EA.  For example, you may be given the option to play EA Software online on servers not owned or controlled by EA.  EA takes no responsibility for your use of EA Software on or through any such service and otherwise has no control over how those services are offered, administered or operated.  Any such use of non-EA controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service. 13. Software, Utilities and Tools EA Services may require or allow you to download software, software updates or patches, or other utilities and tools from EA or its licensors onto your computer, entertainment system or device ("EA Software").  EA grants to you a non-exclusive, limited license to use EA Software solely for the purpose stated by EA at the time the EA Software is made available to you.  If an End User License Agreement or End User Access And License Agreement is provided with the EA Software, your use of the EA Software is subject to the terms of that license agreement.  You may not sub-license, or charge others to use or access EA Software.  You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EA Software.  You may not modify EA Software or use it in any way not expressly authorized in writing by EA.  You understand that EA's introduction of various technologies may not be consistent across all platforms and that the performance of EA Software and related EA Services may vary depending on your computer and other equipment. From time to time, Electronic Arts may provide you with updates or modifications to EA Software.  You understand that certain updates and modifications may be required in order to continue use the EA Software and EA Services. 14. Export Control Laws EA Software may be subject to United States export controls, and export controls of other jurisdictions.  By downloading EA Software from EA, you warrant that you are not located in any country, or exporting EA Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or EA Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.  You further agree not to upload to EA Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  The assurances and commitments in this Section shall survive termination of this Agreement. 15. Updates to EA Services IMPORTANT: EA MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF EA SERVICES.  THESE UPDATES OR "RESETS" MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL.  EA RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES. 16. Limitations on Warranty and Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF EA SERVICES, EA SOFTWARE, CONTENT, ENTITLEMENTS AND THE INTERNET IS AT YOUR SOLE RISK.  EA SERVICES, EA SOFTWARE, EA PRODUCTS, CONTENT, ENTITLEMENTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION.  SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY.  FOR INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and-cancellations/.  SUBJECT TO ANY SUCH STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF EA SOFTWARE OR EA SERVICES.  EA DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES.  EA PROVIDES EA SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE EA SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EA WILL HAVE ADEQUATE CAPACITY FOR EA SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EA OR ITS LICENSORS ARISING OUT OF OR RELATING TO EA SERVICES AND/OR EA PRODUCTS IS TO STOP USING EA SERVICES, AND TO CANCEL YOUR ACCOUNT.  YOU ACKNOWLEDGE AND AGREE THAT EA, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON EA SERVICES OR USE OF EA SOFTWARE.  IN NO CASE SHALL EA'S OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "EA AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EA FOR EA SERVICES.  IN NO CASE SHALL EA, ITS LICENSORS OR EA AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EA SERVICES, EA SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF EA SERVICES OR ACCOUNTS.  WHILE EA USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, EA AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY EA SERVICE, CONTENT, EA SOFTWARE TO YOUR COMPUTER AND/OR DEVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EA'S, EA'S LICENSORS' AND EA AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  SUBJECT TO ANY STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY, EA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EA AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  SEE HERE FOR MORE INFORMATION ON STATUTORY WARRANTY AND OTHER STATUTORY CONSUMER RIGHTS APPLICABLE IN YOUR TERRITORY.  FOR INFORMATION ABOUT CONSUMER RIGHTS AVAILABLE TO AUSTRALIAN CONSUMERS, GO TO http://help.ea.com/au/article/origin-au-returns-and-cancellations/. 17. Indemnification Upon EA's and/or its licensors' request, you agree to defend, indemnify and hold harmless EA, its licensors and EA Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through EA Services.  Without limiting the generality of the foregoing, you agree to indemnify and hold EA and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.  You agree that you will be personally responsible for your use of EA Services and for all of your communication and activity on EA Services, including any Content you contribute, and that you will indemnify and hold harmless EA, EA's licensors and EA Affiliates from any liability or damages arising from your conduct on EA Services, including any Content that you contribute. EA and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  In that event, you shall have no further obligation to provide indemnification to EA and/or its licensors in that matter.  This Section shall survive termination of this Terms of Service.  18. Links to Third-Party Sites EA Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers.  Those sites may collect data or solicit personal information from you.  EA does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. 19. General Terms A. Remedies.  You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service.  You also understand and agree that this Terms of Service, the EA Privacy and Cookie Policy and all Terms incorporated into this Terms of Service, including EA's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. B. Severability.  If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of EA, and the remaining portions shall remain in full force and effect. C. Waiver.  The failure of EA to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision.  Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by EA. D. Governing Law.  If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) you expressly agree that exclusive jurisdiction for any claim or dispute with EA or relating in any way to your Account(s) or your use of EA Services resides in the Courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving EA or its affiliates, employees, contractors, officers, directors, vendors and content providers.  If you reside in the Republic of Korea: (i) the laws of the Republic of Korea, excluding its conflict of law rules, govern the Terms of Sale; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating Terms of Sale shall be the Courts of the Republic of Korea, and you expressly consent to the exercise of personal jurisdiction of such courts.  If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and (ii) to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with EA, arising out of or relating in any way to your Account(s) or your use of EA Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Northern District of California, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below  including any claim involving EA or EA Affiliates, subsidiaries, contractors, vendors and content providers.  As noted above, your conduct may also be subject to other local, state, national, and international laws. 20. Dispute Resolution By Binding Arbitration The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.  As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA’s last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic).  In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea.  By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  The arbitrator, and not any local, state or federal court, has the exclusive authority to resolve any and all disputes arising between us, including any dispute relating to the interpretation, scope, enforceability, or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of this agreement to arbitrate is unenforceable.  This Section covers any and all disputes between us (“Disputes”), including without limitation: - claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; - claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); - claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and - claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following: - a claim to enforce or protect, or concerning the validity of, any of your or EA’s (or any of EA’s licensors’) intellectual property rights; - a claim related to, or arising from, allegations of theft, piracy, or unauthorized use of intellectual property; - if you reside in Australia: a claim to enforce any statutory consumer rights to which you are entitled under the Australian Consumer Law; and - in addition, nothing in this Section shall prevent either party from initiating a small claims court action. References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us.  This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This agreement to arbitrate provision shall survive termination of these Terms of Service. A.    Informal Negotiations/Notice of Dispute.  You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”).  Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand").  EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us.  You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. B.    Binding Arbitration.  If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be administered by the American Arbitration Association ("AAA) under its Commercial Arbitration Rules and, where appropriate, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.  If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. C.    Restrictions.  You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually, regardless whether the relief sought is monetary or injunctive relief, and any relief awarded in arbitration shall be applicable only to you in your individual capacity.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) no Dispute shall be arbitrated on a class basis or utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or on behalf of any person other than yourself. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this agreement to arbitrate shall be null and void. D.    Location.  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  E.    Recovery and Attorneys’ Fees.  If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will: - Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and - Reimburse all of the filing, administration, and arbitrator fees that you paid to the AAA.  Each party will be responsible for its own attorneys’ fees and related expenses (including expert witness fees and costs), but the arbitrator will have authority to award attorneys’ fees and expenses if such an award is available under applicable law.  EA waives any right it may have to seek an award of attorneys’ fees and expenses in connection with any arbitration between us. F.    Limitation on Arbitrator’s Authority.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. G.    Changes to This Provision.  EA will not enforce material changes to this agreement to arbitrate against account holders absent express agreement to the changed terms. 21. Entire Agreement The Terms of Service (including the EA Privacy and Cookie Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and EA relating to your rights and obligations in the use of EA Services.  If there is any conflict between the Terms of Service and any other rules or instructions posted on an EA Service, EA shall resolve the conflict in its sole discretion. 22. Notice to California Residents  Pursuant to Cal. Civil Code § 1789.3, please note that (a) EA is located at 209 Redwood Shores Parkway, Redwood City, CA 94065, (b) The fees and charges for EA Services vary depending on the services selected by you, and (c) If you have a complaint regarding EA Services or desire further information on use of EA Services, visit EA's Customer Support web pages at help.ea.com, support.popcap.com (for PopCap products) or swtor.com/support (for Star Wars™: The Old Republic).  For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210. Bookmark terms.ea.com and visit this site regularly for updates to EA Terms of Service. 23. Supplemental Terms Additional Terms and Conditions for Specific EA Services Certain EA Services may require you to read and agree to terms and conditions that are specific to that EA Service.  Your right to use that EA Service is subject to those specific terms and this Terms of Service.  If there are any inconsistencies between the specific terms and these terms, EA will be the final and sole arbiter of any such inconsistencies. Nintendo Network Services User Agreement and Privacy Policy The Nintendo Network Services User Agreement and Privacy Policy continue to apply in their entirety and govern your conduct while accessing EA Services through the Wii U console.  To the extent that the Nintendo Network Services User Agreement conflicts with the EA Terms of Service, the Nintendo Network Services User Agreement is controlling.  EA remains solely responsible for the operation and content of the EA Services. The Xbox Live® Terms of Use The Xbox Live® Terms of Use continue to apply in their entirety and govern your conduct while accessing EA Services through Xbox Live®.  To the extent that Xbox Live® Terms of Use conflict with the EA Terms of Service, the Xbox Live® Terms of Use control.  EA is solely responsible for the operation and content of EA Services.  Microsoft may collect and use information about you and your use of Xbox Live® while accessing EA Services through Xbox Live®.  Microsoft's use and collection of such information is governed by the Xbox Live® Privacy Statement (available at xbox.com or by calling 1-800-4MY-XBOX).  BY ACCESSING EA SERVICES THROUGH Xbox Live® YOU HEREBY AGREE THAT MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU MAY SUFFER WHILE ACCESSING EA SERVICES THROUGH THE Xbox Live® SERVICE, AND YOU HEREBY WAIVE ANY AND ALL CAUSES OF ACTION AND CLAIMS THAT YOU MIGHT BE ABLE TO ASSERT AGAINST MICROSOFT ARISING OUT SUCH DAMAGES OR YOUR USE OF EA SERVICES.  EA is solely responsible for providing all customer support and billing for services obtained through EA Services. EA Online Service for the PlayStation®2 computer entertainment system - Statement by Sony Computer Entertainment (North America) "DNAS" This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally and will not be shared with any non-SCE company. A PUBLISHER CAN COMBINE THIS INFORMATION WITH PERSONALLY IDENTIFYING INFORMATION FROM THE PUBLISHER'S RECORDS IF THE USER PROVIDES THE PERSONALLY IDENTIFYING INFORMATION. BEFORE PROVIDING ANY PERSONAL INFORMATION TO A PUBLISHER, PLEASE BE SURE TO REVIEW THE PUBLISHER'S PRIVACY POLICY AND TERMS AND CONDITIONS OF USE. DO NOT PROVIDE PERSONALLY IDENTIFYING INFORMATION TO A PUBLISHER UNLESS YOU ACCEPT THE CONDITIONS OF USE AND TERMS OF THEIR PRIVACY POLICY.  SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEA shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning "DNAS", visit www.us.playstation.com/DNAS. In the event of a system's incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the user's affected game software, system or peripherals at the option of SCEA. SCEA, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto. - Statement by Sony Computer Entertainment (Europe) This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. SCEI, Sony Computer Entertainment Europe ("SCEE") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEE shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact your local PlayStation Customer Care line on the number provided in the software manual. For additional information concerning "DNAS", refer to PlayStation.com. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEE and their affiliates shall be limited to the repair or replacement of the user's affected, game software, system or peripherals at the option of SCEE. SCEE, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online game play or access thereto. - Statement by Sony Computer Entertainment (Japan) for Privacy Policy & Network This Software uses Network Authentication System.  Network Authentication System retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally. Electronic Arts can combine this information with personally identifying information from Electronic Arts' records if you provide the personally identifying information. Before providing any personal information to Electronic Arts, please be sure to review Electronic Arts' privacy policy and terms and conditions of use. Do not provide personally identifying information to Electronic Arts unless you accept the conditions of use and terms of their privacy policy. EA Online Service for the PlayStation®3 and PlayStation®4 computer entertainment systems The "PlayStation Network" Terms of Service continue to apply in their entirety and govern your conduct while accessing EA Online through the "PlayStation Network". Any conflict between the EA Terms of Service and the "PlayStation Network" Terms of Service and User Agreement shall be resolved in favor of the "PlayStation Network" Terms of Service and User Agreement. PlayStation®Store Purchases in Europe Any content purchased in an in-game store will be purchased from Sony Network Entertainment Europe Limited ("SNEE") and be subject to "PlayStation Network" Terms of Service and User Agreement which is available on the PlayStation®Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game. PlayStation®Store Purchases in USA and Canada Purchase and use of items are subject to the "PlayStation Network" Terms of Service and User Agreement. This online service has been sublicensed to you by Sony Computer Entertainment America. Adobe® Products Adobe® Flash® Player. Copyright © 1996 - 2012. Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries. Adobe® Shockwave® Player. Copyright © 1996 - 2012. Adobe Systems Incorporated. All Rights Reserved. Adobe and Shockwave are either trademarks or registered trademarks in the United States and/or other countries. Adobe® AIR™. Copyright © 2007 - 2012. Adobe Systems Incorporated. All Rights Reserved.  Adobe and Adobe AIR are either trademarks or registered trademarks in the United States and/or other countries. ELECTRONIC ARTS PRIVACY AND COOKIE POLICY By registering for an EA Account (formerly known as an Origin Account) ("Account"), using this site and/or any of EA's online or mobile products and services, you agree to EA's Privacy Policy and that we may transfer and store your information in the USA. By registering, you agree that EA may process your data in accordance with the following privacy policy and that you will abide by EA's Terms of Service. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE ANY EA SITE, ONLINE OR MOBILE PRODUCT OR SERVICE. If we change our privacy policy, we will post those changes to this privacy statement, the home page or other places so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material or significant changes to this policy or the way we use your child's information, we will notify you or the parent/guardian here, by email, or by means of a notice on our home page prior to the changes taking effect. Your continued use of our online and mobile products and services will signify your acceptance of the changes to our online Privacy Policy. TABLE OF CONTENTS I. EA Online And Mobile Privacy Policy: Introduction II. EA's Site Is TRUSTe Certified III. What Is Personal Information And When Does EA Collect It? IV. What Is Non-Personal Information And When Does EA Collect It? V. Information Provided to EA By Third Parties. VI. What Happens To The Information EA Collects? VII. Where Is The Information Held? VIII. How Does EA Protect Your Personal Information? IX. Review, Correction of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account X. A Special Note About Children XI. Public Information Including User Generated Content, Online Forums, Blogs And Profiles XII. Third Party Sites XIII. Products Offered In Partnership With Third Party(s) XIV. Contact Information & Complaints Process XV. California Residents: Your California Privacy Rights XVI. Dispute Resolution By Binding Arbitration I.    EA Online And Mobile Privacy Policy: Introduction EA and its subsidiary companies know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. We respect the privacy rights of consumers and recognize the importance of protecting the information collected about you. We have adopted this global online Privacy Policy to explain how we store and use personal and non-personal information we collect online on our websites, during your use of our online products and/or services (including online game play) and on mobile platforms. This policy does not cover information provided online in response to job postings. Please review the EA Jobs Data Privacy Statement on EA's jobs site at www.jobs.ea.com for further information.  If you reside in the United States, Canada or Japan, these terms are an agreement between you and Electronic Arts Inc.  If you reside in any other country, then these terms are an agreement between you and Electronic Arts Swiss Sàrl. This policy also applies to TRUSTe certified EA Websites. To view a list of these Validated EA Websites, please visit www.TRUSTe.com. In addition, EA owns several other domain names that point to the websites referenced above. We may also add new sites that are subject to this privacy policy and that list will be updated to include those. Please note that this policy applies only to sites maintained by EA, and not to websites maintained by other companies or organizations to which we link. EA complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from European Union member countries and Switzerland.   EA has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view EA's certification, please visit http://www.export.gov/safeharbor. II.    EA's Site Is TRUSTe Certified EA has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's Privacy Program Requirements available at truste.com including transparency, accountability and choice regarding the collection and use of your personal information.  TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. III.    What Is Personal Information And When Does EA Collect It? EA collects both personal and non-personal consumer information. Personal information collected by EA is discussed below in this section. Non-personal information is discussed below in Section IV. Personal information is information that identifies you and that can be used alone, to contact you on-line or off-line. EA may collect personal information from our online visitors during: - Contest registration and prize acceptance; - Warranty registration and requests; - Customer support and/or technical service requests; - Player match up and other head-to-head online competitions; - Registration for games and/or special game-specific events; - Newsletter subscriptions, referral services, and other marketing surveys and email campaigns; - Registration for Origin and/or other service accounts; - Creation of a personal profile; - Product, service and/or subscription orders; - Service requests from third party service providers on our site; - Access to our products and/or services on social networks or other third party services; and - Otherwise through use of our software, mobile or online services where personal information is required for use and/or participation. Information collected will vary depending upon the activity and may include your name, email address, phone number, home address, birth date, mobile phone number and credit card information. Visitors to EA Mobile may be asked to provide the name of their mobile service carrier, model of their mobile phone and a valid mobile number so that we may provide purchase instructions directly to their mobile phone. In that context, your mobile number will only be used to send you a text message with a link to download your game and will not be retained for any other purpose. Prize winners may be required to provide their Social Security or other identification number for tax purposes, and will be used only for prize fulfillment. IV.    What Is Non-Personal Information and When Does EA Collect It? Non-personal information, alone, cannot be used to identify or contact you. EA collects non-personal information about your use of our online and mobile products and services both on our website and in the course of game play and software usage (on PC, mobile and game system platforms). We will retain your information for as long as your EA Account is active or as needed to provide you services. If you wish to cancel your EA Account or request that we no longer use your information contact the Privacy Policy Administrator in your country listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States.   There may be instances where we are legally required to retain your information. A. What Types of Non-Personal Information Does EA Collect? When you use EA online and mobile products and services or you play our games on your PC or game system, we may collect certain non-personally identifiable information for purposes including improving our products and services, troubleshooting bugs, providing services to you, facilitating the provision of software updates, dynamically served content and product support as well as communicating with you. The non-personal information collected may include demographic information including gender, age, zip code, information about your computer, hardware, software, platform, game system, media, mobile device, including unique device IDs or other device identifiers, incident data, Internet Protocol (IP) address, network Media Access Control (MAC) address and connection. We also collect other non-personal information such as username, user ID or persona, feature usage, game play statistics, scores and achievements, user rankings, time spent playing our games, and click paths as well as other data that you may provide in surveys, via your account preferences and online profiles such as friends lists or purchases, for instance. We may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you. B. How Does EA Collect Non-Personal Information? EA collects non-personal information along with personal information when you actively provide it in the context of various online and mobile activities including online and mobile purchases, game registration and marketing surveys, for instance. In addition, we and other third parties use cookies and other technologies to passively collect non-personal demographic information, personalize your experience on our sites and monitor advertisements and other activities as described below.  We may also derive from the information collected other facts, such as determining the applicable tax rate based on your IP address. 1. Cookies Cookies are small files applied to your Internet browser to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store, pages you have viewed, or games you have played. This information is used to keep track of your shopping cart and make sure you don't see the same ad repeatedly, for example. Also, we use cookies to deliver content specific to your interest and to monitor website or game usage. We and third parties collect information on what games are played, how much time is spent playing the games and which ads or links are clicked. Some of our sites use an outside ad company to display ads. These ads contain cookies. Cookies received with banner ads are applied by our ad companies, and EA does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our sites will not function properly if you do so. You can set your web browser to warn you about attempts to place cookies on your computer, or limit the type of cookies you allow. For more information concerning how to disable your cookies, please visit help.ea.com.   We and other third parties may also use flash cookies, also known as "local shared objects," on our sites that employ Flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site's settings to personalize the look and feel of the site. Like normal cookies, Flash cookies are represented as small files on your computer. One method of preventing Flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at www.macromedia.com. If you disable cookies, you may lose some of the features and functionality of playing our games, as cookies are necessary to track and enhance your game activities. Please note that companies delivering advertisements in our games or on our websites may also use cookies or other technologies, and those practices are subject to their own policies. Please note that this privacy policy covers the use of cookies by EA only and does not cover the use of cookies by any advertisers. 2. Clear GIFs And Tracking Pixels Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.  We and third parties may also use tracking pixels, which allow us to advertise more efficiently by excluding our current users from certain promotional messages or identifying the source of a new installation. 3. Internet Log Files EA and other third parties also may maintain log files which contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our websites, to troubleshoot technical problems and authenticate users' entitlements to our products. In the event of user abuse of our websites, however, we may block certain IP addresses or game system IDs provided by our licensed hardware manufacturers. If available, IP addresses and game system IDs may be used in order to enforce our Terms of Service. 4. Analytic Metrics Tools and Other Technologies EA also uses its own proprietary analytic metrics tool and other third party analytics technologies to collect information when you use our online products and services and/or play our games on your PC, game system and/or mobile device. These tools and technologies use server log files, web beacons, cookies, tracking pixels and other technologies to collect and analyze certain types of information, including cookies, IP addresses (including for purposes of determining your approximate geographic location), mobile or other hardware device ID or other device identifiers, browser types, browser language, information passed from your browser (if any), referring and exit pages, and URLs, platform type, click information, information about your media, peripheral hardware, software and/or applications installed on your machine and/or device, domain names and types, landing pages, pages viewed and the order of those pages, advertising conversion rates, the date and amount of time spent on particular pages, other Internet and website usage information, game state and the date and time of activity on our websites or games, information about how your game is used, including game metrics and statistics, feature usage and purchase history, as well as unique hardware identifiers such as MAC Address, mobile unique device ID (if applicable) and other similar information. The third party analytics companies who collect information on our sites and in the context of our online and mobile products and/or services, and other similar companies like Facebook in connection with the Facebook "Like" button, may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services. Many of these companies collect and use information under their own privacy policies. Some EA websites and services use Google Analytics, a web analytic service offered by Google Inc. ("Google"). Google Analytics uses "Cookies", text files that are stored on your PC and that enables the analysis of your usage of this website. The information about your usage of websites, collected through these cookies, will be transmitted to and stored on Google server based in the US.  On behalf of EA, Google will use this information in order to evaluate your usage of this websites, to make reports on website activities and/or to provide the website operator with other services related to this websites. Your IP-address collected by Google Analytics will not be matched up with other data of Google. You may prevent the installation of cookies by adjusting your browser settings.  Please note that if you disable cookies, it is possible that you may not use all functionalities of EA's websites. You may also prevent the cookies from collecting and storing your information by downloading and installing the following browser-plugin under the following link http://tools.google.com/dlpage/gaoptout?hl=en. A non-exclusive list of the other analytics companies that operate their own technologies on our sites and online and/or mobile products and/or services can be found at privacyappendix.ea.com. 5. Ad Serving Technology EA's websites, online or mobile products or services may employ proprietary or third party ad serving technologies that use cookies, clear GIFs, web beacons, tracking pixels or other technologies to collect information as a result of ad serving through our products or services as well as to help track results.  Some dynamic in-game advertisement serving technology enable advertising to be temporarily uploaded into your game, web browser or mobile device and replaced while you are online.  We or third parties operating the advertisement serving technology may use information such as age and gender as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the site, online or mobile product or service  and to calculate or control the number of unique and repeat views of a given ad, and/or deliver ads that relate to your interests and measure the effectiveness of ad campaigns.   We or third parties may collect data for this purpose including IP address (including for purposes of determining your approximate geographic location), device ID's, information about your software, applications and hardware, browser information (and/or information passed via your browser), hardware, machine or device make and model, advertisement(s) served, in game location, length of time an advertisement was visible, other Internet and website usage information, web pages and mobile internet sites which have been viewed by you (as well as date and time), domain type, size of the advertisement, advertisement response (if any), and angle of view.  The foregoing data may be used and disclosed per this policy and the privacy policy of the company providing the ad serving technology. The advertising companies who deliver ads for us may combine the information collected or obtained from EA with other information they have independently collected from other websites and/or other online or mobile products and services relating to your web browser's activities across their network of websites. Many of these companies collect and use information under their own privacy policies. A non-exclusive list of ad serving companies that operate their own networks on our sites and online and/or mobile products and/or services can be found at privacyappendix.ea.com. For more information about the practices of other large ad serving companies that may collect information based on your interaction with ads on this site, in our mobile products, and other sites or products not owned/managed by EA, or to "opt out" of targeted advertising delivered by National Advertising Initiative (NAI) member ad networks, you should visit www.networkadvertising.org. For more information about targeted advertising within our mobile products or to opt out, see the appendix to this policy at privacyappendix.ea.com. These ad serving technologies are integrated into our sites, online or mobile products and services; if you do not want to use this technology, do not play. 6. Anti-Cheat and Fraud Prevention Technologies EA strives to provide a safe and fair gaming environment to all players of its games. To prevent fraudulent activities and behaviors that may negatively affect the experiences of a player, EA is authorized to use "anti-cheating" software, or applications for the prevention of fraud for our internet presence, during the use of our online products and/or services (including online games), and mobile platforms. At login to EA online products and/or services, during the setup of an EA Account, and/or at the point of sale, EA may collect data about your device in order  to create a hash of machine components.  Information collected for this purpose shall not be stored in retrievable form.  EA uses the collected information for the prevention of fraud, and for authentication purposes. EA may consolidate the machine hash created for this purpose with your EA Account; data consolidated this way will not be shared with any other third party, and will be used exclusively for security, fraud prevention and authentication purposes by EA. V.    Information Provided To EA By Third Parties. EA also obtains personal and non-personal information from third parties as discussed below.  EA only uses this data for purposes consistent with this policy. 1. PlayStation®3 and PlayStation®4 computer entertainment systems If you sign up to play EA games through a PlayStation®3 or PlayStation®4 computer entertainment system, your Sony Entertainment Network account information will be provided to EA so that we can establish an EA Account for you. You need an EA Account to play EA's titles online. By signing up to play EA's titles, you agree that limited user account information can be transferred to EA. Information transferred to EA includes your name, email address, online ID, country, language and date of birth but does not include credit card number or other financial account information. 2. Xbox Live If you sign up to play EA games through Microsoft's Xbox Live Service, Microsoft will provide your Xbox Live user account information to EA so that we can establish an EA Account for you. You need an EA Account to play EA's Xbox Live titles. By signing up to play EA's Xbox Live titles, you agree that Microsoft can transfer your user account information to EA. Information transferred from Microsoft to EA includes your Gamertag, email address, state or province, country, language and age but does not include credit card number or other financial account information. 3. Wii U If you sign up to play EA games through a Nintendo Wii U console, your Nintendo account information will be provided to EA so that we can establish an EA Account for you. You need an EA Account to play EA’s titles online. By signing up to play EA’s titles, you agree that limited user account information can be transferred to EA. Information transferred to EA includes your Mii information, email address, Nintendo Network ID, friend list, country, language and date of birth but does not include credit card number or other financial account information. 4. Other Information Collected From Third Parties EA may also receive other information from third parties, including in connection with the operation and distribution of our products and services as well as market and demographic studies that we use to supplement personal and anonymous information collected or provided directly by you. Some third party services such as Twitter and Facebook may also provide us with information from your accounts there with your permission. By playing an EA game through a social network or other third party platform or service or by connecting to such a third party network, platform or service via one of our products and/or services, you are authorizing EA to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the social network or other third party platform could provide to EA through the social network/third party platform Application Programming Interface (API) based on your settings on the third party social network or platform. Your agreement takes place when you connect with the third party network, platform or service via our products and/or services, and/or when you connect with, "accept" or "allow" (or similar terms) one of our applications through a social network, or other third party platform or service. EA may also collect or receive information about you from other EA users who choose to upload their email and other contacts.  This information will be stored by us and used primarily to help you and your friends connect. EA may also receive information from third parties in connection with market and demographic studies and/or other data that we use to supplement personal information provided directly by you. VI.    What Happens To The Information EA Collects? A. How EA Uses Your Information EA uses your information to fulfill your specific requests, purchase orders and to send you purchase confirmation and other account-related information. In addition, the personal information you provide will allow us to send you messages about things including new products, features, enhancements, special offers, upgrade opportunities, contests and events of interest. You may also later opt out of such communications sent via email. Otherwise, EA uses personal and non-personal information, both individually and combined together, to better enhance your user experience, improve our products and services, understand the behavior and preferences of our customers, to troubleshoot technical problems, to serve advertising, for authentication purposes, to enforce our Terms of Service, to ensure proper functioning of our products and services as well as to help improve them. In addition, we combine non-personal information with personal information, such as an email address, for purposes including providing excellent customer service, administering loyalty programs and tailoring our communications, offerings, web pages or game play experience to you. By use of friend finder tools such as Facebook, Game Center or other third party services in our online and mobile products and services, you acknowledge that use of these friend finder tools will help you find your contacts and will also allow your contacts to associate your EA Account (and related gaming entitlements, including games played on PC, mobile and console platforms) with your social networking profile and/or email address. Your resulting friends' list, which may be accessible across EA social platforms as available, will be subject to this privacy policy.  Note that the friends that you choose to include on any EA or Origin friends' list may be able to find and/or identify you in the context of different EA products and services, and see the profiles you have established. Those friends may also be able to see the online personas that you use across EA's suite of products and services.  Choose your friends carefully. If you choose to use our referral service to "Tell a Friend" about an EA product or site, we will ask you for your friend's name and email address. We will send your friend an email on your behalf inviting him or her to visit the site or check out our product. EA stores your friend's name and email for a short period for the sole purpose of sending this email and for redundancy checking, to be sure that your friend does not receive multiple copies of the same email message. We do not keep or use this information for any other purpose. Your participation in tournaments or other online game events is also conditional upon our collection, use, storage, transmission and public display of statistical data (such as your scores, rankings and achievements) generated through your participation. B. Will EA Share My Information With Third Parties? EA will never share your personally identifiable information with third parties without your consent.   We may, however, share non-personally identifiable, aggregated and/or public information with third parties.  There may be circumstances where you may share information on your own.  Please see section XI for more details about your rights to information you share publicly on EA including user generated content, forums, blogs, and profiles. You may also opt in to allow EA to share your personal information with companies and organizations that provide products or services that we believe may be of interest to you. To opt out of further communications from a marketing partner or sponsor with whom your information has been shared, please contact that partner or sponsor directly. EA does not disclose any personal information about children under 18 years of age who have registered on any of our websites to third parties, or share or disclose personal information other than as set forth in this policy, provided however, that in the event of a merger, acquisition, or the unlikely event of bankruptcy, management of EA customer information may be transferred to its successor or assign regardless of age. From time to time, EA employs third party contractors to collect personal information on our behalf to provide email delivery, product, prize or promotional fulfillment, contest administration, credit card processing, shipping or other services on our sites. When requesting these services, you may be asked to supply your name, mailing address, telephone number and email address to our contractors. We ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement personal information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our sites and related advertising to better meet our visitors' needs and preferences. To enrich our understanding of individual customers, we tie this information to the personal information you provide to us. When our third party agents or service providers collect and/or have access any information other than non-personal, anonymous and/or aggregated data, EA requires that they use data consistently with our stated privacy policy. These third parties are prohibited from using your personal information for any other purpose without your specific consent. You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party. We may also access and disclose personal information, including personal communications, in connection with report abuse functions in our products and services, to enforce legal rights and comply with the law, or to comply with an order from a government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage, or when we believe that disclosure is necessary to protect our rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on EA. Note that certain publically available information you post and communicate on our and third party sites and services is public information for which you have no expectation of privacy.  See Section XI for more details. VII.    Where Is The Information Held? Personal Information we collect may be stored and processed for the purposes set out in this Privacy Policy in the United States or any other country in which EA, its subsidiaries, or third party agents operate. By using our products, you consent that your personal information may be transferred to recipients in the United States and other countries that may not offer the same level of privacy protection as the laws in your country of residence or citizenship. We comply with the U.S.-Swiss Safe Harbor Framework for the collection, use, and retention of data from Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor.  Where necessary, EA adopts contractual measures to adequately protect Personal Information transferred outside of the EEA in line with relevant laws. VIII.    How Does EA Protect Your Personal Information? EA understands the importance of keeping your information safe and secure. EA will make commercially reasonable efforts to protect your personal information and ensure the security of our systems. When you enter sensitive financial information (such as a credit card number) on our order forms, we encrypt the transmission of that information using commercially reasonable methods. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. We cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We cannot assume responsibility or liability for unauthorized access to our servers and systems. IX.    Review, Correction Of Your Information, Requesting Removal From Mailing Lists And Deactivating Your Account You can correct or update your account information at any time by logging on our site and navigating to "My Account," and viewing your "Basic Information" or other account settings. Should you be unable to log in or wish to have your account(s) deactivated, contact the Privacy Policy Administrator in your country as listed on our site at privacyadmin.ea.com, or if your country is not listed, by contacting the Privacy Policy Administrator in the United States. We will be happy to review, update or remove information as appropriate. We may still retain your information in our files however, to resolve disputes, enforce our user agreement, and due to technical and legal requirements and constraints related to the security, integrity and operation of our websites. Some EA sites or services may collect personal information that is not accessible via our site. However, in such cases, you may be able to access that information through alternative means of access described by the service or by writing your local privacy policy administrator at privacyadmin.ea.com and you will be contacted within 30 days regarding your request. If you've granted EA access to your Facebook account information through an EA or Playfish application, you may request that EA delete your Facebook information by contacting the Privacy Policy Administrator listed at privacyadmin.ea.com and specifying the Facebook application used.  Note that as a result of deleting your data associated with an application on Facebook, you will no longer have access to that application. X.    A Special Note About Children Many EA online or mobile products and services are intended for general audiences and do not knowingly collect any personal information from children. When an EA online or mobile product or service does request age information, and users identify themselves as under 13, the product or service will either block such users from providing personal information, or we will ensure consent is obtained from parents for the collection, use and sharing of their children's personal information. At that time, we will provide a description of the information that the child may make publically available, how we will use the information and other practices. We will not knowingly ask children under the age of 13 to provide more information than is reasonably necessary to provide our services. Please note that if you grant consent for your child to use EA's online or mobile products and services, this may include such general audience communication services as email, instant messaging, and online groups, and your child will be able to communicate with, and disclose personal information to, other users of all ages. Parents can review, edit, request the deletion, or prevent further collection or use of their children's personal information or make inquiries regarding this policy by sending an email to privacy_policy@ea.com; writing to Privacy Policy Administrator, 209 Redwood Shores Parkway, Redwood City, CA 94065; or calling (650) 628-1393.  Alternatively, you may also contact the appropriate Privacy Policy Administrator for your country listed at privacyadmin.ea.com. If we change this privacy statement in a way that expands the collection, use or disclosure of children's personal information to which a parent has previously consented, the parent will be notified and we will be required to obtain the parent's additional consent. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You and your child should review our Online Safety web page for additional information about using the Internet safely. Information collected is secured in a manner consistent with this privacy policy (see Section VIII above). If we change how we handle your child's information, we will notify you in a manner consistent with this policy. Under no circumstances do we condition a child's participation in an activity—like contests—on the child's disclosure of more personal information than is reasonably necessary to participate in the activity. On certain sites, we may not permit children to participate at all regardless of consent. XI.    Public Information Including User Generated Content, Online Forums, Blogs And Profiles You may choose to disclose information about yourself in the course of contributing user generated content to EA sites or games or in our online chat rooms, blogs, message boards, user "profiles" for public view or in similar forums on our sites and/or on third party sites. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by EA employees, and there is no expectation of privacy or confidentiality there.  You should be aware that any personally identifiable information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to make public in any of these forums. Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies.  EA has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share. If you post a video, image or photo on one of our sites for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your consent. We are not responsible for the videos, images or photos that you choose to submit to EA's site. Please see our Terms of Service at terms.ea.com on this point and for other guidelines about posting content on our websites. XII.    Third Party Sites. Our website may contain advertising or services which link to other websites such as Twitter, Facebook and YouTube. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. If you click on a link to a third party site, including on an advertisement, you will leave the EA site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as EA. We encourage you to review the privacy policies of any other service provider from whom you request services. If you visit a third party website that is linked to an EA site, you should consult that site's privacy policy before providing any personal information. XIII.    Products Offered In Partnership With Third Party(s) Members may register for other services from our site(s). Certain products and/or services available on our site are provided to you in partnership with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services shall identify the third party partners at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services. XIV.    Contact Information & Complaints Process If you have questions or concerns regarding this statement, you should first contact the EA Privacy Policy Administrator for the country in which you reside at the email address or postal address specified at privacyadmin.ea.com. If your country is not listed, please contact the United States' Privacy Policy Administrator or write to Privacy Policy Administrator, Electronic Arts Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065. If your inquiry is not satisfactorily addressed, you should contact TRUSTe here or at https://feedback.truste.com as instructed above. TRUSTe will then serve as a liaison with us to resolve your concerns. Please note that the TRUSTe program only covers information that is collected through this Website, and does not cover information that may be collected through any software downloaded from this Website. For more information and updates to our online Privacy Policy, visit privacy.ea.com. XV.    California Residents: Your California Privacy Rights Under California law, California Residents who have an established business relationship with Electronic Arts Inc. (EA) or one of its subsidiaries may choose to opt out of EA disclosure of personal information about them to third parties for direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacy_policy@ea.com or write to Privacy Policy Administrator, Electronic Arts Inc., 209 Redwood Shores Pkwy, Redwood City, CA 94065. XVI.    Dispute Resolution By Binding Arbitration The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.  As discussed below, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than EA's last settlement offer to you (if any), EA will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to your satisfaction by logging into our customer support interface with your EA Account at help.ea.com.  In the unlikely event that EA cannot resolve a concern to your satisfaction (or if EA cannot resolve a concern it has with you after attempting to do so informally), then you and EA agree to be bound by the following procedure to resolve any and all disputes between us.  This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea.  By accepting these terms, you and EA expressly waive the right to a trial by jury or to participate in a class action.  This agreement is intended to be interpreted broadly.  This Section covers any and all disputes between us ("Disputes"), including without limitation: - claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; - claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); - claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and - claims that may arise after the termination of this Agreement. The only disputes that are not covered by this Section are the following: - a claim to enforce or protect, or concerning the validity of, any of your or EA's (or any of EA's licensors') intellectual property rights; - a claim related to, or arising from, allegations of theft, piracy, or unauthorized use; - In addition, nothing in this Section shall prevent either party from initiating a small claims court action. References to "EA," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us.  This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of these Terms of Service. A. Informal Negotiations/Notice of Dispute.  You and EA agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration.  Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute").  Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand").  EA will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us.  You will send your Notice of Dispute to: Electronic Arts Inc., 209 Redwood Shores Parkway, Redwood City CA 94065, ATTENTION: Legal Department. B. Binding Arbitration.  If you and EA are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or EA may elect to have the Dispute finally and exclusively resolved by binding arbitration.  Any election to arbitrate by one party shall be final and binding on the other.  YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND EA ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.  If such costs are determined by the arbitrator to be excessive, or if you send EA a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then EA will promptly pay all arbitration fees and expenses.  The arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party.  The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  You and EA may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. C. Restrictions.  You and EA agree that any arbitration shall be limited to the Dispute between EA and you individually.  To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND EA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.  If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. D. Location.  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and EA agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. E. Recovery and Attorneys' Fees.  If the arbitrator rules in your favor on the merits of any claim you bring against EA and issues you an award that is greater in monetary value than EA's last written settlement offer made before written submissions are made to the arbitrator, then EA will: - Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and - Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs.  EA waives any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us. F. Limitation on Arbitrator's Authority.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. G. Changes to This Provision.  Notwithstanding any provision in this Agreement to the contrary, we agree that if EA makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. ADOBE Personal Computer Software License Agreement 1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS. 1.1 WARRANTY DISCLAIMER . THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPL IERS AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, ME RCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOS E. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS AGRE EMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT. 1.2 BINDING AGREEMENT : By using, copying or distributing all or any portion of the Adobe Software, you accept all the terms and conditions of this agreement, including, in particular, the provisions on: - Use (Section 3); - Transferability (Section 5); - Connectivity and Privacy (Section 7), including: - Updating , - Local Storage , - Settings Manager , - Peer Assisted Networking Technology , - Content Protection Technology , and - Use of Adobe Online Services ; - Warranty Disclaimer (Section 1.1), and; - Liability Limitations (Sections 10 and 17). Upon acceptance, this agreement is enforceable against you and any entity that obtained the Software and on whose behalf it is used. If you do not agree, do not Use the Software. 1.3 ADDITIONAL TERMS AND AGREEMENTS . Adobe permits you to Use the Software only in accordance with the terms of this agreement. Use of some third party materials included in the Software may be subject to other terms and cond itions typically found in a separate license agreement, a “Read Me” file located near such ma terials or in the “Third Party Software Notices and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty . Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement. 2. Definitions. “Adobe” means Adobe Systems Incorporated, a Dela ware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 12(a) of this ag reement applies; otherwis e it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affi liate and licensee of Adob e Systems Incorporated. 9.3 Acknowledgement. You ag ree that (a) a digital cert ificate may have been revoked prior to the time of verification, making the digital si gnature or certificate appear valid when in fact it is not, (b) the security or integrity of a digital certificate may be compromised due to an act or omission by the signer of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR SOLE RISK. 9.4 Third Party Beneficiaries. You ag ree that any Certification Authorit y you rely upon is a third party beneficiary of this agreemen t and shall have the right to enforce this agreement in its own name as if it were Adobe. 9.5 Indemnity. You agree to hold Adobe and any appl icable Certification Authority (except as expressly provided in its terms and conditions) harmless from an y and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, by you or any th ird party that receives a document fr om you with a digi tal certificate, any service of such authority, in cluding, without limitation (a) re liance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable terms and conditions, this agreement, or applicable law; (d ) failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform any of the obligations as required in the te rms and conditions related to the services. 10. Limitation of Liability. IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFIT S OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISE D OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement limits Adobe’s liability to you in th e event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for the purpose of disclaiming, excluding, and/or limiting obligations, warran ties, and liability as provided in this agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific informatio n at the end of this ag reement, if any, or contact Adobe’s Customer Support Department. 11. Export Rules. You agree that the Software will not be shipped, transf erred, or exported into any country or used in any manner prohibited by the United States Export Admini stration Act or any other export laws, restrictions, or regulations (collectivel y the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise pr ohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement. 12. Governing Law. If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by th e laws of the state in which you purchased the license to use the Software. If you are not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in: (a) th e State of California, if a license to the Software is obtained when you are in th e United States, Canada, or Mexico; or (b ) Japan, if a license to the Software is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you are in a member state of the Association of Southeast Asian Nati ons, the People’s Republic of China (including Hong Kong S.A.R. and Macau S.A.R.), Taiwan , or the Republic of Kore a; or (d) England, if a license to the Software is obtained when you are in any ju risdiction not described above. The respective courts of Santa Clara County , California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non-exclusive jurisd iction over all disputes relating to this agreement. When Singapore law applies, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this section. There shall be one arbitrator , selected jointly by the parties. If the arbitrator is not selected within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the SIAC shall make the selection. The language of th e arbitration shall be English. Notwithstanding any provision in this agreemen t, Adobe or you may request any judicial , administrative, or other authority to order any provisional or conservatory measure, including inju nctive relief, specific performance, or other equitable relief, prior to the instit ution of legal or arbitration proceed ings, or during the proceedings, for the preservation of its rights and interests or to en force specific terms that are suitable for provisional remedies. The English version of this agreement will be the versio n used when interpreting or construing this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nation s Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 13. General Provisions. If any part of this agreement is found void and unenfo rceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable accord ing to its terms. Th is agreement shall not prejudice the statutory rights of any party dealing as a consum er. This agreement may only be modified by a writing signed by an authorized offi cer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior represen tations, discussions, unde rtakings, communications, or advertising relating to the Software. 14. Notice to U.S. Government End Users. For U.S. Government End Users, Ad obe agrees to comply with all a pplicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations cont ained in the preceding sentence shall be incorporated by re ference in this agreement. 15. Compliance with Licenses. If you are a business or organiza tion, you agree that upon request from Adobe or Adobe’s authorized representative, you will, within thirty (30) days, fully document and certify that use of any and all Software at the time of the request is in conf ormity with your valid licenses from Adobe. 16. European Union Provisions. Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to decompile the Software that you may enjoy under mand atory law. For example, if you are located in the European Union (EU), you may have th e right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interope rability of the Software with another software program, and you have first asked Adobe in writing to provide the information necessary to achieve such interoperability and Ad obe has not made such information available. In addition, such decompilation may only be done by y ou or someone else entitled to use a copy of the Software on your behalf. Adobe ha s the right to impose reasonable conditions before providing such information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substant ially similar to the expression of the Software or used for any other act which infringes Adobe or its licensors’ copyright. 17. Specific Provisions and Exceptions. 17.1 Limitation of Liability for Users Residing in Germany and Austria. 17.1.1 If you obtained the Software in Germany or Aust ria, and you usually reside in such country, then Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability for damages shall be limited as follows: (a) Adobe sha ll be liable only up to the amount of damages as typically foreseeable at the time of entering into the license agreemen t in respect of damages caused by a slightly negligent breach of a ma terial contractual obligation and (b) Adobe shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 17.1.2 The aforesaid limitation of liability shall no t apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries. 17.1.3 You are required to take all re asonable measures to avoid and re duce damages, in particular to make back-up copies of the Software and your co mputer data subject to the provisions of this agreement. If you have any questions regarding this agreement, or if you wish to request any information from Adobe, please use the address and contact informatio n included with this pr oduct or via the web at http://www.adobe.com to contact the Adobe office serving your jurisdiction. Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either re gistered trademarks or trademarks of Adobe Systems Incorporated in the United States and/ or other countries. PlatformClients_PC_WWEULA-en_US-20110809_1357 Electronic Banking Terms and Conditions Section 2: Terms and Conditions Ways to access your account Find out more about the e-banking services available to you, as well as account access methods such as cards, PINs and passwords. Using VoIP What you need to consider when using VoIP (Voice over Internet Protocol). Using NetBank and shopping online Find out more about the special conditions when using NetBank and shopping online. Special conditions apply when using NetBank or the CommBank app on your mobile phone or tablet device Find out more about the special conditions when using NetBank on your mobile phone or tablet device. Using your Debit MasterCard We explain when you can choose the ‘credit’ or ‘savings’ options to access your funds. We also tell you about authorisations, recurring transactions, refunds and claiming a chargeback. Electronic Communication Find out how you can elect to receive notices and account statements electronically if you are a NetBank user and tell us your email address. Making e-banking transactions Why it is important to enter correct information. We also tell you about making a deposit with an ATM, scheduling payments and transfers, when we process e-banking transactions and what happens if electronic equipment does not work. Disputes How we handle complaints and disputes. Safeguarding your account against unauthorised access What you must do to protect your account. Find out more about safeguarding cards, PINs and passwords. Liability for transactions We explain when you are liable for transactions on your account and your liability in the event of unauthorised transactions. Conditions of use for BPAY Terms and Conditions that apply when you use BPAY to pay your bills. What you agree to when using BPAY View Terms and Conditions that apply when you use NetBank to access bills using our BPAY View facility. Changes to Electronic Banking Terms and Conditions When we tell you about any changes we may make to your Terms and Conditions and how we keep you informed. Customer information and privacy How we safeguard your privacy or why the Bank collects and may disclose your personal information. For the meaning of key words included in this section, refer to the 'Meaning of words'. Ways to access your account   To find out more about e-banking or to get help with using electronic equipment, NetBank or Telephone Banking, please refer to 'Where to get help' for contact details. Debit MasterCard purchases Use your Debit MasterCard to pay for purchases wherever Debit MasterCard is accepted worldwide (including by mail order, telephone or online). Debit MasterCard, Keycard and linked credit card access via ATMs Use your Debit MasterCard, Keycard or linked credit card to conduct banking transactions at a wide range of ATMs in Australia, New Zealand, Indonesia and Vietnam. EFTPOS Use your Debit MasterCard or Keycard to pay for purchases or withdraw cash at the same time (at the retailer’s discretion). Maestro/Cirrus and Visa Plus Maestro is an international EFTPOS system. Cirrus and Visa Plus are international ATM networks. Use your Commonwealth Bank Debit MasterCard or Keycard to purchase goods and services, withdraw cash and obtain balances. If you are using your Keycard, just look for the Maestro, Cirrus or Visa Plus logo and if you are using your Debit MasterCard, look for the MasterCard logo. Telephone Banking Use a touch-tone telephone or VoIP to pay bills, obtain information on your accounts, transfer funds to linked accounts, activate your Debit MasterCard, Keycard or credit card and change your password. NetBank NetBank is a quick, cost efficient, simple and secure way to do your banking. With NetBank you can: view your up-to-date account balances and details of NetBank initiated transactions; view balances of your CommSec trading, Colonial First State superannuation*, and all your Car and Home Insurance policies); view balances, and initiate transactions on your Essential Super account and receive notifications; view transaction histories for the last 2 years on your open linked statement accounts including your Home Loans/Investment Home Loans, Mortgage Interest Saver Accounts (MISA) credit card and Debit MasterCard; view your statements for the last 7 years on eligible accounts; redraw funds from your Home Loan/Investment Home Loan or Variable Rate Personal Loan (conditions apply); transfer funds between any NetBank linked accounts. These include transaction and savings accounts, credit card accounts, Home Loans/ Investment Home Loans, Mortgage Interest Saver Accounts (MISA), and Personal Loans; transfer money to other peoples' accounts at the Commonwealth Bank or to selected accounts at other Australian financial institutions (You must key in the correct BSB number and account number - the account name of the recipient does not form part of your payment instructions and will not be used or checked by us in making your payment); make International money transfers to people overseas (minimum transaction amounts apply); set up scheduled and recurring payments - one-off or recurring bill payments and funds transfers can be created to occur on a future date(s) (not available on some accounts); pay your bills using BPAY; view and pay your bills using BPAY View; activate your credit card, Debit MasterCard or Keycard and choose your own PIN; if you are experiencing hardship, financial assistance can be requested for your eligible loan and credit cards (if your personal circumstances have changed); change your card withdrawal limit; change your NetBank payment limits (if you are registered for NetCode) give someone access to your accounts (limitations to account types apply) change your Home or Personal Loan repayment amount or switch to another Home Loan type (conditions apply); manage your Term Deposit maturity instructions online with NetBank; retrieve your NetBank Client Number, change your password, unlock your NetCode Token or SMS, update your Personalised Identification Questions and Answers, address and contact details online without having to call the NetBank Help Desk (some limitations may apply); select an option to remember and partially mask your Client Number on the logon page; open or apply for a wide range of products using simplified applications complete with information we already know about you and upload documentation to support your application (if required); apply for a credit limit increase on an existing credit card or a balance transfer from another financial institution to an existing Commonwealth Bank (conditions apply); get an on the spot decision for a Personal Loan (conditions apply) and receive bank messages to monitor and track the status of your Personal Loan, Term Deposit and Home Loan increase applications; view and redeem your Commonwealth Awards points; customise transaction descriptions for easier statement reconciliation; 'nickname' your accounts and bills for easy reference; import payments into NetBank from a file (such as MYOB) so you don't have to type in all the details; make an appointment with a financial planner or lending specialist; electronically enter into and sign agreements and documents. NetBank for your mobile phone and tablet device Access NetBank with a version of NetBank specially tailored for your mobile phone and tablet device. You can: view your up-to-date account balances; and view your most recent transactions for your linked statement accounts, including your Home Loans/Investment Home Loans, Mortgage Interest Saver Accounts (MISA) and credit cards; redraw funds from your Home Loan/Investment Home Loan or Variable Rate Personal Loan (conditions apply); transfer funds between any NetBank linked accounts. These include transaction and savings accounts, credit card accounts, Home Loans/ Investment Home Loans, Mortgage Interest Saver Accounts (MISA), and Personal Loans; transfer money to other peoples' accounts at the Commonwealth Bank or to selected accounts at other Australian financial institutions recorded in your NetBank account address book (You must ensure that the correct BSB number and account number are used - the account name of the recipient does not form part of your payment instructions and will not be used or checked by us in making your payment); pay your bills to billers recorded in your NetBank biller address book using BPAY. view pending authorisations for credit cards and debit cards; select an option to remember and partially mask your Client Number on the logon page. BPAY and BPAY View Most bills can be paid using BPAY over the telephone or with NetBank. With BPAY View you can also receive some bills electronically instead of in the mail and then view and pay them using NetBank. Automated funds transfers Schedule automatic payments from your designated accounts to pay bills (not available on some accounts).   * Colonial First State balances only available if investment arranged through a Commonwealth Financial Planner (representatives of Commonwealth Financial Planning Limited).CommInsure is a registered business name of Commonwealth Insurance Limited (CIL). Commonwealth Financial Planning Limited, CIL, Commonwealth Securities Limited (CommSec) and Colonial First State Investments Limited are wholly owned but non-guaranteed subsidiaries of the Commonwealth Bank of Australia. CommSec is a participant of the ASX Group. Customers under the age of 14 require written consent from their parent or guardian to obtain access to these e-banking channels for Youthsaver Account. Telephone Banking and NetBank are the only ways you can access your NetBank Saver Account. Using VoIP If you use VoIP, we urge you to take steps to adequately secure your computer. The systems used by your VoIP provider and/or telephone calls made using your VoIP service may not be secure. We strongly recommend you use upto- date anti-virus, firewall and anti-spyware software before conducting any banking using VoIP. You should also contact your VoIP service provider to ensure that you are satisfied with your service provider’s: (a) security measures; (b) data protection standards; and (c) personal information handling policies. You should also note that your service provider may route communications offshore. If so, these communications may not be secure nor may they be regulated by Australian law. Using NetBank and shopping online If you are registered for NetBank or hold a Commonwealth Bank credit card or Debit MasterCard, we may also register you for NetCode security. NetCode provides an extra layer of security where you engage in transactions that can carry a higher risk, e.g., where you make International Money Transfers or purchase from merchants overseas. NetCode assists in protecting your transactions in such circumstances. For some NetBank transactions and functions you may, in addition to entering your password, be required to correctly answer your Personalised Identification Questions. If you are provisioned a NetCode Token, then you must: register the NetCode Token within 30 days from the date we sent it to you; and generate and enter your current NetCode when you login to NetBank and for some internet purchases using your Commonwealth Bank credit card and Debit MasterCard. If you are registered for NetCode SMS, then you must: make sure your current mobile telephone number is registered with the Bank (to check, simply log in to NetBank, go to the ‘Profile and Preferences’ tab and select ‘My contact details’); and enter your current NetCode when requested in NetBank and for some internet purchases using your Commonwealth Bank credit card and Debit MasterCard. NetCode Tokens remain the property of the Bank and must be returned to the Bank on request. One active NetCode Token is issued per Client Number and cannot be used in conjunction with another person’s Client Number. The Bank reserves the right to charge for additional and replacement NetCode Tokens. Peer-to-peer payments Peer-to-peer payments allow NetBank and CommBank app users to make payments to, and receive payments from (see Claiming Peer-to-peer payments), third parties with an Australian bank account (e.g. friends or service providers) using a mobile phone number, email address or Facebook details. Peer-to-peer payment functionality will be progressively available to NetBank users from October 2013. A recipient can receive payments directly to their nominated deposit account if they register via NetBank or the CommBank app. If a recipient is not registered, they can collect the payment via NetBank, the CommBank app or our collections website (see Claiming Peer-to-peer payments). Making Peer-to-peer payments Pay to Mobile and Pay to Email If the recipient hasn’t registered, you will need to send them the Payment Code (which we will provide to you at the time you make the payment) so they can make a claim. We will notify them the payment is ready to be claimed: via SMS if you used Pay to Mobile; or via email if you used Pay to Email. Pay to Facebook Friend To make Pay to Facebook Friend payments you log in to your Facebook account via Facebook Connect and allow NetBank, mobile phone application or Kaching for Facebook to access your Facebook account basic information and also your Facebook friends list. After you have made the payment, you need to notify the Facebook friend. You can notify the Facebook friend using a Facebook wall post via NetBank, mobile phone application or Kaching for Facebook. If you skip this step, you will need to notify the Pay to Facebook Friend recipient separately. We don’t send any notifications for Pay to Facebook Friend. If the recipient hasn’t registered, you will also need to send them the Payment Code so they can make a claim. How we process payments a. We use the mobile number, email address or Facebook ID to facilitate the payment. You should advise the recipient that you have provided us with this information. b. Peer-to-peer payments are debited from your account when you request the Peer-to-peer payment. When the recipient’s account will be credited depends on the policy and systems of their bank. c. We do not pay interest on amounts credited back to your account if a recipient does not claim a payment or the funds are credited back to your account for any other reason. d. You cannot make Peer-to-peer payments using a credit card account. Claiming Peer-to-peer payments If you have registered, the payment will be deposited directly to a nominated deposit account. If you are not registered, we will tell you when the payment is ready to be claimed: via SMS if the Payer used Pay to Mobile; or via email if the Payer used Pay to Email. If the payment was made via Pay to Facebook Friend and you are not registered, the Payer will need to notify you they have initiated a payment. We don’t send any notifications for Pay to Facebook Friend. If you are not registered, you can collect the payment via NetBank, the CommBank app or our collections website. For you to claim a payment, the Payer must advise you of the Payment Code. If you haven’t received the Payment Code, please contact the Payer. You can use NetBank, the CommBank app or our collections website http://www.commbank.com.au/collect to make the claim. Simply enter the following: a. the Payer’s method of payment (mobile, email, or Facebook, as applicable); b. your mobile phone number, email address or Facebook login details via Facebook Connect (as applicable); c. the Payment Code; and d. select the account from the list of your available accounts or enter the BSB and account number of the account you wish the payment to be paid to. Payments will be processed by BSB and account number only, without using an account name. Some institutions with unique account numbers may disregard the BSB number. Please take care to enter the correct BSB and account number as you may not be able to recover a payment if it is credited to another person’s account. You must collect the payment within 14 days after the day the Payer inputs the payment. Otherwise, the payment is returned to the Payer. The returning of unclaimed payments may be occasionally delayed beyond 14 days due to system outages. Once you enter your details on our site, it may then take up to 3 business days before your account is credited with the funds. We may cancel or suspend your right to claim a payment at any time without notice to you (e.g. if a dispute arises or we suspect mistake or fraud). For security purposes, make sure you don’t tell anyone else the Payment Code or record it anywhere that may lead to loss, theft or abuse. We are not responsible for any loss you suffer due to: a. any delay in notifying you that a payment is available to be claimed; b. any failure or delay by the Payer to provide you or us with the correct information to enable you to claim a payment; c. another person becoming aware of your Payment Code; d. your entering incorrect information in NetBank, the CommBank app or on our collections website; or e. our cancelling or suspending your right to claim a payment (e.g. if a dispute arises or we suspect mistake or fraud). You must contact the Payer if a payment cannot be claimed by you or you wish to dispute the amount of the payment. Special conditions apply when using NetBank or the CommBank app on your mobile phone or tablet device The version of NetBank specially tailored for your mobile phone or tablet device and the CommBank app are designed for phones or tablet devices linked to the network of an Australian telecommunications provider. They may not be available to some customers who have an overseas telecommunications provider. You must be registered for NetCode SMS or a NetCode Token to access NetBank and be registered for NetCode SMS to use the secure features of the CommBank app on your mobile phone or tablet device. If you have an exemption from NetCode for any period of time, you will not be able to access NetBank or the secure features of the CommBank app on your mobile phone or tablet device for the duration of that exemption. You are responsible for any charges imposed by your telecommunications provider for connecting to NetBank or the CommBank app on your mobile phone or tablet device, including call costs and data costs associated with browsing the internet. You can continue to use NetBank or the CommBank app on your mobile phone or tablet device overseas if you have roaming access to the internet on your phone or tablet device. Your telecommunications provider’s charges may be higher than those for using NetBank or the CommBank app on your mobile phone or tablet device in Australia if you access it while overseas. If your Client Number is suspended by the Bank for any reason (for example, if an incorrect password has been entered) you will be unable to access NetBank via a computer, a mobile phone or tablet device until it is reactivated or use the secure features of the CommBank app. Certain functionality on NetBank and the CommBank app may require you to elect to allow distribution of alerts from the Bank via a push or other notification service. Alerts will be sent to any compatible iOS or Android device on which you have installed and registered the CommBank app with notifications enabled, and associated with your mobile number (including wearables). Alerts could be seen by others (including unauthorised persons) who observe, use or access your device or any wearables associated with the device, which could include when the device is locked. Please check the notifications settings on all your devices to esnure the privacy and alert settings are appropriate for your use. If you have an iPhone, you can enable or disable CommBank app notifications via the Notification Centre in your phone Settings. If you have an Android phone, you can turn CommBank app notifications on or off via Settings within the CommBank app. Alerts will include: NetCode information Account alerts Security and service alerts Alerts when new versions or upgrades are available Special offers and information about products and services   All alerts will be sent to you and managed in accordance with the Bank's Privacy Policy. The Bank reserves the right to suspend or discontinue its alerts services at any time without notice. Cards, PINs, passwords and devices Cards, PINs, passwords and devices remain the property of the Bank. To use your account, you must first sign your card(s) and then activate them online in NetBank, in branch or by calling 13 2221, after which time your card(s) can be used. Once activated, your card(s) is valid only for the period indicated on it. You cannot use it after the expiry month on the card(s). You can nominate a specific PIN online in NetBank, or call into one of our branches. Our staff will be pleased to help. If you want any other people to be able to access your account using a card, we can issue them with cards and PINs, but you must ask us to do so in writing. Letting others have a card If you ask us to do so in writing, we may issue a card and PIN to another person. An additional cardholder must be 14 years of age or over. An additional cardholder’s use of a card is subject to these Terms and Conditions and we suggest that additional cardholders have a copy of them. You are responsible for an additional cardholder’s use of a card and for all the amounts of any withdrawals, purchases or payments an additional cardholder makes using an access method as if you had used that access method to make the transactions. You should note that additional cardholders will have access to your account information. If you or an additional cardholder ask us, we will remove the additional cardholder from your account. This means that we update our records so that the additional cardholder is no longer shown as an additional cardholder. If you wish to stop access by an additional cardholder, you must ask us to remove the additional cardholder and place a stop on the additional card. You may do this either by attending a branch or by phoning us on 13 2221. How do you cancel or stop a card, or other device? You must tell us if you wish to cancel a card or other device issued to another user. You can also ask us to place a stop on your account, in which case you and any other user will not be able to make any further transactions on the account until you ask us to remove the stop. Cancellation of a card or other device or a stop will not take full effect immediately. You will continue to be liable for any transaction amounts not yet processed on your Debit MasterCard and for all transactions made using a card or other device at a time when any of our electronic transaction systems are unavailable, until you have taken all reasonable steps to have the card or other device returned to us. You will also be liable for Debit MasterCard transactions to purchase goods and services at a price below a merchant’s authorised floor limit or where no authorisation is required, until you have taken all reasonable steps to have the card destroyed or returned to us. You authorise us to debit any outstanding Debit MasterCard transaction amounts on your accounts to any other Account in your name. Cancellation of a card or other device or a stop will not take full effect immediately. You will continue to be liable for any transaction amounts not yet processed on your Debit MasterCard and for all transactions made using a card or other device at a time when any of our electronic transaction systems are unavailable, until you have taken all reasonable steps to have the card or other device returned to us. You will also be liable for Debit MasterCard transactions to purchase goods and services at a price below a merchant's authorised floor limit, until you have taken all reasonable steps to have the card destroyed or returned to us. You authorise us to debit any outstanding Debit MasterCard transaction amounts on your accounts to any other Account in your name. Confidential and up-to-date information We take all reasonable steps to ensure that the information available through electronic equipment is correct and updated regularly. We also try to protect your account information from unauthorised access during transmission through electronic equipment, but we will not otherwise be liable for any unauthorised access by any means to that information. Using your Debit MasterCard When you use your Debit MasterCard at ATMs or EFTPOS terminals, you may be asked to choose between the ‘credit’ and the ‘savings’ options.  Whichever option you choose, the funds are debited to the underlying account. However, if you choose the ‘credit’ option to make a purchase, you may be able to exercise MasterCard chargeback rights (see ‘Requesting a chargeback’).  When you use your Debit MasterCard to make purchases by mail order, telephone, internet or PayPass the ‘credit’ option automatically applies to that transaction. The remaining information in this section applies to your Debit MasterCard when the ‘credit’ option is used to process a transaction. Checking your transactions Make sure you keep all vouchers and transaction records you receive from merchants and check them against the transactions on your statement. Offline transactions processed by the merchant (including some PayPass transactions) may not appear on your statement with the same date as the date you made the transaction. It is your responsibility to ensure there are sufficient funds in the account when this transaction is processed by the Bank.  If you have access to NetBank, you can check the transactions online. Where Debit MasterCard purchases or transactions are made overseas (such as purchases made over the internet), they may be processed using the date overseas (value date), which may not be the same as the date in Australia. This means that it may be processed using the balance in your account on that value date (as shown in your statement). Authorising your transactions Some merchants, e.g. restaurants, hotels and car rental agents, may ask us to confirm that your account has sufficient available balance to meet the estimated cost of the goods and services. We treat this as a request for authorisation. We may choose not to authorise a particular transaction. For example, there may be security issues with the transaction or network or, you may have insufficient funds in your account.  If we do authorise a transaction, we reduce your available account balance by the estimated cost of the goods and services. Normally, this is then cancelled out when the actual transaction is completed.  However, in the following situations, your available account balance may be reduced for up to six business days after the authorisation date: the merchant did not complete the transaction (e.g. you decided not to purchase the goods or services); or the actual amount the merchant charged to your account was different to the original amount we authorised and the merchant didn’t cancel the original authorisation (e.g. a hotel might get authorisation for one night’s accommodation when you check in but the amount later processed to your Debit MasterCard might be different to that authorisation). Recurring transactions You may authorise a merchant to regularly charge amounts to your account.  To cancel the authority, you should notify the merchant in writing at least five business days before the next transaction due date. Until you notify them, we are required to process transactions from the merchant. If the merchant doesn’t comply with your request to cancel the authority, you can dispute the charges (see ‘Requesting a chargeback’). Refunds A merchant must issue a valid credit voucher to make a refund to you. We can only credit the refund to your account when we receive the voucher from the merchant’s bank. Requesting a chargeback In some cases, MasterCard’s scheme rules allow us to dispute a transaction and request a refund of the transaction (i.e. chargeback) for you from the merchant’s financial institution. Usually, we can only do this after you have tried to get a refund from the merchant and were unsuccessful. Usually, we can only do this after you have tried to get a refund from a merchant and were unsuccessful. You should tell us as soon as possible if you think your statement has a mistake in it or records a transaction which is possibly unauthorised, so that we may ask for a chargeback. Time limits may not apply where the ePayments Code applies. Chargeback rights do not apply to BPAY transactions – see ‘BPAY’ How request a chargeback To request a chargeback: tell us you want us to chargeback the transaction within 30 days after the date of the statement which shows the transaction; and provide us with any information we ask for to support your request. If you don’t follow these steps, we may lose any chargeback right we have under MasterCard’s scheme rules. However, this doesn’t apply to an unauthorised transaction that is regulated by the ePayments Code - see ‘Unauthorised transactions’. What happens when we claim a chargeback We will try our best to claim a chargeback for you. However, for your claim to be successful, the merchant’s financial institution must first accept the claim. If they reject a chargeback, we will only accept the rejection if we are satisfied that it is reasonable and is consistent with MasterCard scheme rules. As a result of our investigations, if we find that your account: has been incorrectly debited or credited, then we will adjust your account (including any interest and charges) and notify you in writing; or has not been incorrectly debited or credited or that you’re liable for the loss or part of the loss, then we will give you copies of the relevant documents or evidence. When we may block a transaction You may only use your Debit MasterCard for lawful purposes. We may block purchases from certain websites or merchants if we have reason to believe that the products or services being offered: are illegal (under Australian law or the laws of other countries); contain offensive material; or pose a risk to either systems or the integrity of transactions or information. Electronic communication We may give you notices and statements electronically by making them available on our NetBank service and sending an email to your nominated email address informing you that the notice or statement can now be retrieved from NetBank. We will only do this where: You have selected an account which only offers statements and notices electronically; or It is agreed between us and you have not withdrawn your consent. Where statements and notices are sent to you electronically we will make them available on the NetBank service and will send an email notification to your nominated email address that the statement or notice is there for retrieval. You must be registered for NetBank, and have provided us with your email address, in order to receive notices and statements electronically. We have restrictions on the types of accounts or customers who can receive statements electronically. It may not be possible to receive statements electronically if you require multiple statements for an account. Even if we normally provide electronic notices or statements, we reserve the right to send paper ones instead to your nominated postal address (e.g. if for any reason we are not able to provide them electronically or we cancel your election to receive statements or notices electronically because we are unable to deliver emails to your nominated email address). Notices and statements given electronically are taken to be received on the day that the email enters the information system of your internet service provider or the host of your email address. As part of our NetBank service, we may from time to time send you messages, e.g. to your NetBank inbox, including commercial electronic messages advertising, promoting or offering new or existing products, services or investments. You agree to receive such messages and that commercial electronic messages need not contain information about how to unsubscribe. We will however honour any preferences you make generally as to the receipt of marketing materials and your preferences in NetBank concerning Product upgrades and new product offers. Top of page Electronic communications and agreements You are responsible for the acts and omissions of all users, including any person you authorise to act for you. Except for EFT Transactions, all communications and acceptances, including electronically signed documents, received by us through NetBank from any person logged into NetBank using your Client Number and password are deemed to be authorised by you unless you can prove that you did not authorise the person and that: • without your knowledge your Electronic Equipment has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your Electronic Equipment; or • the person gained access to your Client Number and password without your approval despite you taking all reasonable precautions to prevent such access;  and you did not unreasonably delay in reporting to us the compromise of your Electronic Equipment or the loss, theft or misuse of your Client Number and password. If you agree to enter into agreements electronically or to electronically sign documents, you must do everything you can reasonably do to protect your Client Number and password from becoming known to any other person including by installing and maintaining up to date antivirus, antimalware and firewall software on your Electronic Equipment. You must not disclose your password to any other person. You must not keep a record of your Client Number and password without making any reasonable attempt to protect the security of the record, such as making a reasonable attempt to disguise the password within another record, hiding the record where it would not be expected to be found or keeping the record in a securely locked container or in password protected device. You must not choose a password that represents your date of birth or name.  Electronic communications and agreements You are responsible for the acts and omissions of all users, including any person you authorise to act for you. Except for EFT Transactions, all communications and acceptances, including electronically signed documents, received by us through NetBank from any person logged into NetBank using your Client Number and password are deemed to be authorised by you unless you can prove that you did not authorise the person and that: without your knowledge your Electronic Equipment has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your Electronic Equipment; or the person gained access to your Client Number and password without your approval despite you taking all reasonable precautions to prevent such access; and you did not unreasonably delay in reporting to us the compromise of you Electronic Equipment or the loss, theft or misuse of you Client Number and password. If you agree to enter into agreements electronically or electronically sign documents, you must do everything you can reasonably do to protect your Client Number and password from becoming known to any other person including by installing and maintaining up to date antivirus, antimalware and firewall software on your Electronic Equipment. You must not disclose your password to any other person. You must not keep a record of your Client Number and password without making any reasonable attempt to protect the security of the record, such as making a reasonable attempt to disguise the password within another record, hiding the record where it would not be expected to be found or keeping the record in a securely locked container or in password protected device. You must not choose a password that represents your date of birth or name. Making e-banking transactions Enter the correct information When you or any other user make a transaction with electronic equipment it is your responsibility to tell us the correct amount you wish to pay or transfer, and the correct account to which you wish to have the payment or transfer credited. The account name of the recipient does not form part of your payment instructions and will not be used or checked by us in making your payment. If you tell us to make a payment or transfer and after we have implemented your instructions you discover that: The amount you told us to pay or transfer was less than the required amount. You can make another payment or transfer to the recipient to make up the difference. The amount you told us to pay or transfer was greater than the required amount. You must contact the recipient* to obtain a refund (you cannot make a claim upon us). The account you told us to make a payment or transfer to was incorrect. You can contact the recipient to obtain a refund or contact us.* * We will attempt to recover the funds on your behalf but we are not liable unless we fail to comply with the process and timeframes set out below. We will acknowledge receipt of your report and provide you with a reference number which you can use to verify that your report has been recorded by us and to enquire about progress of your claim. Once we have the information we require and are satisfied that you have made a mistaken internet payment, we will send a request for return of the funds to the recipient’s financial institution. We will advise you in writing of the outcome of the request within 30 business days of receiving the information from you. Making a deposit with an ATM We accept responsibility for the security of deposits lodged at our ATMs. Unless you can provide satisfactory evidence to the contrary, the amount of the deposit is subject to later verification by us. Our count of the funds deposited is regarded as conclusive evidence of the actual amount. If we differ on the amount of the deposit, we will tell you of the discrepancy as soon as possible. Scheduling future payments and transfers With NetBank you can 'schedule' a payment or transfer by nominating a future date on which such a transaction is to be made (not available for Pensioner Security Account - passbook option, Passbook Savings Account, NetBank Saver Account, Savings Investment Account, Streamline Basic, GoalSaver, Business Online Saver, Foreign Currency Account and Business Foreign Currency Account). Depending on the availability of cleared funds, NetBank will make up to 5 attempts to process your scheduled transfer or payment. NetBank will make the first attempt early in the morning on the day your transfer or payment is due; further attempts will be made by NetBank on subsequent business days. Scheduled transaction can be suspended or cancelled by you up to and including the day the transfer or payment is due if we have not begun processing the payment (usually around 4:30am Sydney time). Otherwise we will process the payment or transfer as originally instructed by you. Daily limits for transfers through e-banking If you transfer funds through Telephone Banking or NetBank, the maximum amount that can be transferred per customer per day is: $99,999,999.99 to or from a linked statement account; $99,999.99 (or up to the available credit limit) to or from a linked credit card account. $25,000.00 (or up to the maximum balance) to your Commonwealth Bank Traveller's Cash card¹. The maximum amount that can be transferred per customer per day in the following ways using NetBank is: $2,000 when transferring to a non-linked account (for example, another person's account or an account at another financial institution).² $5,000 when transferring by International Money Transfers using NetBank. Before you can use this service, you need to contact us to activate it.² $20,000 when making payments through BPAY using NetBank.²  If you use the CoomBank app to make payments to third parties including by reference to their email address, mobile phone number or Facebook account, other limits may apply. These are set out in the terms and conditions for that application. ¹ Not available through Telephone Banking ² These are the default transaction limits that apply. In some cases the limits may be lower. To find out how these limits can be amended, login to NetBank and go to the ‘Security’ tab and select ‘Payment Limits’ or call us on 13 2221 option 4 (24 hours a day, 7 days a week). You must be registered for NetCode for any NetBank limit increases. The daily limits applying to transfers to non linked accounts, International money transfers and BPAY using NetBank operate independently of each other. If you request a higher daily limit (or ask the Bank to activate the International Money Transfer service in NetBank) your liability for unauthorised transactions may increase. Minimum transaction amounts also apply. Please phone the NetBank Help Desk on 13 2221 option 4 (24 hours a day, 7 days a week) for details. Your access to NetBank transfers to non-linked accounts, BPAY payments and/or International Money Transfers (if applicable) and/or payments to third parties using the CommBank app may be removed or reduced if: we provision a NetCode Token and you don’t register it with us within 30 days of the date we sent it to you, or you are registered for NetCode SMS but your mobile telephone number not advised to the Bank, or you tell us that you don’t want to use NetCode SMS or Token. To reduce your exposure to liability for unauthorised transactions where the Bank considers it necessary. We may suspend NetCode if we have reason to believe that your online security is at risk, e.g. you entered the wrong NetCode more than once. If we do, your access to NetBank for any functions normally requiring a NetCode to be entered including payments to third parties using the CommBank app and secure online shopping using NetCode may be suspended or limited and won’t apply until we reactivated it. If you have an exemption from NetCode for any period of time, your access to payments to third parties using the CommBank app may be suspended or limited and NetCode for your online shopping won’t apply during that time. If you deposit a cheque or other payment instrument to a passbook account, no transfers or BPAY payments (including transfers or payments of available funds) using electronic banking will be permitted for 3 business days from the date of the deposit. If you do wish to transact on your passbook account during this period, please take your passbook to one of our branches to discuss your options. Transfers to non linked accounts and transfers sent by International Money Transfer are not permitted from passbook accounts. Cash withdrawals and purchases made through ATMs, EFTPOS, overseas using Maestro/Cirrus and Visa Plus networks, Post Offices and other agencies with electronic banking terminals, are subject to a daily card withdrawal limit. Unless you have changed it since, if your Keycard or Debit MasterCard was issued before 28 July 2008, then your limit is $800 and if it was issued on or after 28 July 2008, then your limit is $1,000. Unless you have changed it since, if your Debit MasterCard was issued on or after 9 February 2015, then your limit is $2,000. In some cases, your daily card withdrawal limit may be lower than those amounts. Credit cards have a default limit of $800. The daily withdrawal limit does not apply if you use the ‘credit’ option (using your Debit MasterCard or credit card) to access your accounts at EFTPOS. Withdrawals are also subject to the note denominations available at the ATM. For contactless payments, per payment limits apply as set by the relevant card scheme. The daily card withdrawal limit is the total amount that can be withdrawn using a PIN from all accounts linked to a card in any one day. You can confirm and/or change your daily card withdrawal limit at any time using NetBank. Simply go to the ‘Manage accounts’ tab, select ‘Manage my accounts’ and then select the ‘Change my daily card withdrawal limit’ option. To help protect your account, you must be registered for NetCode SMS or NetCode Token to use this feature. If you request a higher daily electronic banking withdrawal limit your liability for unauthorised transactions may increase. Merchants, BPAY Billers and other financial institutions may impose other restrictions on transfers. When are electronic banking (including Bpay) transactions processed?1 E-banking transactions are processed on the day they are made or scheduled2 to occur. However, due to processing requirements, a funds transfer from your account made via NetBank or telephone banking between 12:00 midnight and 12:30am (Sydney/Melbourne time) on Sunday to Friday (inclusive), or transactions made between 12:00 midnight and 1:30am (Sydney/ Melbourne time) on a Saturday, may be treated as if the transfer occurred on the previous calendar day. For example, a NetBank funds transfer made at 12:15am on Wednesday morning may be treated as if the transfer was made on Tuesday and will appear on your statement as at Tuesday’s date. Please note that the following e-banking transactions, whilst debited to your account as above, may not be processed by us or credited to the recipient’s account until the next business day: transfers to Commonwealth Bank home loans, credit cards, Savings Investment Accounts, Passbook Savings Accounts and Pensioner Security Accounts (Passbook option); transfers to other financial institutions and BPAY payments made or scheduled to occur after 6pm (Sydney/Melbourne time) or on a non-business day. Payments to accounts at other financial institutions will be credited to the recipient’s account when the other financial institution processes the transaction, which may take up to 3 business days.   1 Proceeds of NetBank transfers and payments using the CommBank app (incl International Money Transfers) – For security reasons we may place a hold on funds transferred through NetBank and/or payments using the CommBank app to or from your account. The hold may apply: if the transfer takes place before 7:30pm (Sydney/Melbourne time), until the next day if the transfer takes place after 7:30pm (Sydney/Melbourne time), until the second following day; or for as long as we reasonably need to investigate the transaction. 2 Refer to Scheduling future payments and transfers for more information. Refusal of service Despite any right contained in these Terms and Conditions, in the event that you or a signatory appears to be a Proscribed Person, then we may immediately refuse to process or complete any transaction or dealing of yours; suspend the provision of a product or service to you; refuse to allow or to facilitate any of your assets held by us to be used or dealt with; refuse to make any asset available to you to any other proscribed person or entity; or terminate these arrangements with you. We will be under no liability to you if we do any or all of these things. If we exercise our rights under this clause, you must pay any losses, costs or expenses that we incur in relation to any action taken under this clause, including interest adjustments and/or administrative costs under these Terms and Conditions. What happens if the electronic equipment does not work properly We take all reasonable steps to ensure that our electronic equipment functions properly during its usual operating hours. However, failures may occur and this has an impact on liability. You do not lose any protection that we give you under these Terms and Conditions when you (or any other user) use your card or other device, PIN or password in electronic equipment that is not owned by us. Disputes What if you have a complaint We accept that sometimes we can get things wrong, and when this happens we’re determined to make them right again. Talk to us Most problems can be resolved quickly and simply by talking with us. You can visit your local branch, or you can call our General Enquiries team on 13 2221, 24 hours a day, 7 days a week. If you need further assistance after your initial enquiries, you can contact Customer Relations. When you make a complaint to us we will: acknowledge your complaint and make sure we understand the issues do everything we can to fix the problem keep you informed of our progress keep a record of your complaint give you our name, a reference number and contact details so that you can follow up if you want to; and provide a final response within 21 days or advise you of the need for more time to complete the investigation. Unless there are exceptional circumstances, we will complete our investigation within 45 days of receipt of your complaint. If we are unable to provide a final response to your complain within 45 days, we will: inform you of the reasons for the delay; advise of your right to complain to the Financial Ombudsman Service (FOS); and provide you with the FOS contact details. BPAY If we conclude that your account has been incorrectly debited or credited, we will, where appropriate, adjust your account (including any interest and charges) and let you know in writing of the amount with which your account has been debited or credited. If we reasonably conclude that your account has been correctly debited or credited or, in the case of unauthorised transaction, that you are liable for the loss or part of the loss, we will give you copies of any document and/or other evidence on which we based our finding. If any BPAY payment was made as a result of a mistake by you and, after 20 business days we are unable to recover the payment from the Biller or any other person who received it, you should then pursue the matter with the biller or the person receiving the payment. We are not liable if any retailer refuses to accept a card, PIN, password or other code. External dispute resolution If you are not happy with the response we provide, you may refer your complaint the Financial Ombudsman Service (FOS). FOS offers a free, independent dispute resolution service for the Australian banking, insurance and investment industries. Please refer to Take a complaint to the Ombudsman for contact details. Disputes with other parties We are not liable if any retailer refuses to accept a card, PIN, password or other code. Unless required by law, we are not responsible for the goods and services a retailer supplies to the user. If the user has any disputes, they must be resolved with the retailer. We are also not responsible for complaints with respect to the goods and services a retailer supplies to the user if incorrect charging occurred. You must ensure that you enter the correct amount in the electronic equipment before authorising the transaction. Unless you can provide satisfactory evidence to the contrary, you agree that: the amount shown on a sales voucher or any other evidence of a purchase is sufficient evidence of the purchase; the amount shown on a cash withdrawal voucher, receipt or any other evidence of a cash withdrawal is sufficient evidence of the cash withdrawal; and the above applies regardless of whether the voucher or other evidence is signed by you. You should pursue any disputes over incorrect charging with the retailer. Safeguarding your account against unauthorised access Access methods comprise the keys to your EFT account. You must do everything you reasonably can to protect all means of access to your account. That means making sure your cards, devices, client numbers, PINs, passwords and other codes and electronic equipment are not misused, lost or stolen or disclosed to any Account access service. You may suffer loss if you don't sufficiently safeguard these items. If you use VoIP, please refer to 'Using VoIP' for more information. You must report the loss, theft or misuse of a card, device, PIN, password, Client Number or electronic equipment. Scenario What to do What we will do Your card, device, PIN, password, Client Number or electronic equipment may have been lost or stolen. Tell us as soon as you become aware. You may suffer loss if you don't tell us. Call our hotline numbers listed in Where to get help or visit any branch. If you report the event, we will give you a number that you should keep to verify the date and time that you reported the misuse, loss or theft. We will be liable for all losses incurred after you tell us. You suspect that someone has knowledge of your or any user's PIN, password or other codes. There has been unauthorised access to your account. Even if you are confident that codes are secure you must tell us as soon as you become aware of the loss or theft of an access method or of any unauthorised access to your account(s). What happens if I don't report loss, theft or misuse? If it can be shown that you unreasonably delayed telling us of the loss, theft or misuse of a card, device, PIN, password, Client Number or other codes, or electronic equipment, then you will be liable for unauthorised transactions that occur on your account.   We do not hold you liable for any unauthorised transactions that could have been stopped if the Bank's hotline facilities weren't available at the time you tried to report the loss, theft or misuse. However, you should visit or telephone one of our open branches as soon as possible. Ensuring the security of your cards, devices, PINs, passwords, Client Numbers or other codes If we reasonably believe a card, PIN, password, other code or device is being used in a way that may cause losses to you or us, we may cancel or withhold its use at any time, without notice. We may cancel a Debit MasterCard or Keycard if it is not used for 6 months or more. Before using a Debit MasterCard or Keycard that hasn’t been used for 6 months or more, you should contact us to ensure that it is still activated. A Client Number may be permanently cancelled by us without notice to you if: it has not been used for 12 months or more; or it has been suspended by the Bank for security reasons (for example, because an incorrect password was entered) and you do not contact the Bank within a reasonable time to arrange for a password change and for the Client Number to be reactivated. If the Bank cancels a Client Number, the internet banking service to which it relates will be closed without notice to you. If following cancellation you want to continue to use the internet banking service, you can again register for the service by contacting the Bank on 13 2221 option 4 or by visiting our website: commbank.com.au/netbank. Safeguarding your cards and devices (including Netcode Tokens) Always Never Sign cards immediately upon receipt Destroy cards when they reach their expiry date or when they are no longer valid Return cards and devices to us upon request Carry cards and devices whenever possible and regularly check they are still in your possession Remember to take your card, cash and transaction record with you when a transaction is completed Keep cards and PIN records anywhere near each other e.g. in a briefcase, bag, wallet or purse Leave cards and devices in a car Keep cards or other devices and PIN records in one item of furniture, even if in different compartments (e.g. different drawers of the same bedroom dresser) Safeguarding your PINs, passwords or other codes Always Never Memorise a PIN, password or other code* as soon as possible or disguise any PIN or password that is recorded so that others will not be able to decipher it or make a reasonable attempt to prevent unauthorised access to the PIN Record, including keeping the PIN Record in a securely locked container or password protected device or computer Destroy or delete PIN, password or other code notifications as soon as possible after receiving them or if a user nominates a specific PIN, password or other code, it must not be an obvious word or number (such as a date of birth, middle name, family member’s name or driver’s licence number) or one which is easily guessed Take precautions when using e-banking e.g. be ready to make the transaction when you approach the electronic equipment and never let anyone watch you enter your PIN, password or other code. Check the location of mirrors, security cameras or any other means of observing PIN, password or other code entry and then shield it from anyone Tell or let anyone find out a PIN, password or other code – not even family or friends Record a PIN, password or other code (disguised or not) on a card, device, computer, mobile phone or tablet device Keep a record of a PIN, password or other code in a situation where, if a thief finds a card or code they will also find the record of the PIN or password * Excluding NetCode ^ We will not consider that a reasonable attempt has been made to disguise a PIN, password or other code if it is recorded in reverse order; in an easily understood code, e.g. A=1, B=2; as a “phone” number where no other phone numbers are recorded or as a four digit number, prefixed by a telephone area code; as a “date” (e.g. 9/6/63) where no other dates are recorded; as a series of numbers or words with any of them marked, circled or in some way highlighted to indicate the PIN, password or other code; as an obvious word or number or one that can be found in a purse or wallet. Top of page Liability for transactions Generally speaking you are liable for any losses arising from the acts and omissions of all users. This includes you and any person authorised by you to carry out EFT transactions on your account. You will be liable for: transactions carried out by you or with your knowledge and consent; transactions carried out by any other user, unless you have told us to cancel that user's PIN, password or other code, and you have taken all reasonable steps to have the card or other device returned to us; and unauthorised transactions if you or any other user have not made a reasonable attempt to disguise or prevent unauthorised access to a PIN, password or other code. Unauthorised transactions An unauthorised transaction is one which is not authorised by a user, for example a transaction which is carried out by someone besides you or another user without your knowledge and consent. The ePayments Code determines your liability for losses resulting from unauthorised transactions. We have reflected the relevant Code provisions in the following sections. Please note though that the relevant Code (and the sections below dealing with unauthorised transactions) are not applicable to purchase transactions using your Debit MasterCard where you sign to authorise the transaction (but chargeback protection may be available in that situation). When you will not be liable for loss due to unauthorised transactions You will not be responsible for any loss resulting from an unauthorised transaction if any of the following apply: it is clear a user did not contribute to the loss in some way; the loss arises after you notify us that any card or other device used to access the account has been misused, lost or stolen or that the security of a PIN, password or other code used to access the account has been breached; the loss was due to fraud or negligent conduct by any of our employees or agents or the employees or agents of any person (including merchants) involved in the Electronic Funds Transfer network; the loss occurs because any component of an access method was forged, faulty, expired or cancelled; the loss results from a transaction which occurred prior to you or another user receiving a device or code required to access the account; the same transaction was incorrectly debited more than once to your account; or the loss results from any conduct expressly authorised by us (provided any conditions imposed have been met); or a user leaving a card in an ATM, as long as the machine incorporates reasonable safety standards that mitigate the risk of a card being left in the machine (for example, the machine captures cards that are not removed after a reasonable time or requires that the card be removed from the machine before the transaction can proceed). When you will be liable for loss due to unauthorised transactions Where we can prove on the balance of probability that you contributed to the loss, you will be responsible for losses resulting from unauthorised transactions (refer to 'Safeguarding against unauthorised access to your account') in the following scenarios. Scenario What you will be liable for The losses occur before you notify us that a card or other device used to access the account has been misused, lost or stolen or that the security of a PIN, password or other code used to access the account has been breached as a result of: fraud by any user; any user voluntarily disclosing their PIN, password or other code; any user recording or otherwise indicating one or more PIN, password or other codes on the outside of a card or other device; any user keeping a record of one or more PIN, password or other codes (without making any reasonable attempt to protect their security) on one article or on several articles which are kept with a card or other device or which could be lost or stolen at the same time as the card or other device; any user keeping a record of PINs, passwords or other codes (without making any reasonable attempt to protect their security) which may be used without a card or other device, on one article or on several articles which could be lost or stolen at the same time; any user selecting or changing any of their PINs, passwords or other codes to one which represents their date of birth or a recognisable part of their name, despite us specifically instructing the user not to do so and bringing to their attention the consequences of their doing so; or a user acting with extreme carelessness in failing to protect the security of all their PINs, passwords or other codes. a user leaving a card in an ATM, as long as the machine incorporates reasonable safety standards that mitigate the risk of a card being left in the machine (for example, the machine captures cards that are not removed after a reasonable time or requires that the card be removed from the machine before the transaction can proceed). The actual losses which occur before you notify us that: the card or other device used to access the account has been misused, lost or stolen; or the security of the PIN, password or other code used to access the account has been breached, but only if such breach was the dominant cause of the loss. The losses result from your unreasonable delay in notifying us after you become aware of the misuse, loss or theft of a card or other device used to access an account or that the security of all the PINs, passwords or other codes used to access an account have been breached. The actual losses which occur between when you become aware (or should reasonably have become aware in the case of a lost or stolen card or device) and when you notify us. Limits on your liability for losses Even if losses occur in the previous scenarios you will not be liable for: that portion of any money that has been withdrawn from your account in any one day which is more than the applicable daily transaction limits; that portion of any money that has been withdrawn from your account in a period which is more than any other applicable periodic transaction limits; that portion of any money that has been withdrawn from your account which exceeds the balance of that account (including any pre-arranged credit) when the transaction occurs; that portion of any money that has been withdrawn from an account which we had not agreed with you could be accessed using the access method; and any amount recovered under the MasterCard scheme rules when you use a Debit MasterCard. If a PIN, password or other code was needed to perform the unauthorised transactions and none of the circumstances above apply (that is, it cannot be proven on the balance of probability whether or not you contributed to the loss) you will be liable for the lesser of: (i) $150; (ii) the balance of those account(s) (including any pre-arranged credit) from which funds were transferred in the unauthorised transactions and which we had agreed with you may be accessed using the access method; or (iii) the actual loss at the time you notify us (where relevant) that the card or other device has been misused, lost or stolen or that the security of the PIN, password or other codes has been breached (excluding that portion of any money lost on any one day that is more than the applicable daily transaction or other periodic transaction limits). When we may reduce your liability Where you allege that a transaction is unauthorised and we have not placed a reasonable daily or periodic transaction limit, either we or an external dispute resolution body may decide to reduce your liability having regard to: whether the security and reliability of the means used by us to verify that the relevant transaction was authorised by you adequately protected you from losses in the absence of reasonable daily or other periodic transaction limits protection; and if the unauthorised transaction was a funds transfer that involved drawing on a line of credit accessible by the card, PIN, password or other code needed to perform the transaction (including drawing on repayments made to a loan account), whether at the time of making the line of credit accessible by the card, PIN, password or other code, we have taken reasonable steps to warn you of the risk of the card, PIN, password or other code being used to make unauthorised transactions on that line of credit. Conditions of use for BPAY BPAY (Bill Payment) lets you pay most bills over the telephone (Telephone Banking), with NetBank or with the CommBank app. To register to use BPAY you must first establish a password for Telephone Banking or register with NetBank. (Refer to 'Meaning of Words'). Please note that Youthsaver customers cannot use BPAY over the phone and NetBank Saver customers and Business Online Saver customers can not use BPAY. What to give us when you make a BPAY transaction You will need to provide the following accurate information so that we can process a BPAY payment. Biller code (printed on your bill near the BPAY logo) Customer reference number (printed on your bill near the BPAY logo) Details of the account from which you wish to make the payment Amount of the payment to be made Date on which the payment is to be made (only if the user is scheduling a future payment with NetBank) What happens if I enter incorrect information? You must be careful to tell us the correct amount to be paid. If you tell us to make a payment and later you discover that: an amount was not paid in accordance with your instructions - then you should call 13 2221 and talk to a customer service officer; the amount you told us to pay was less than the required amount - then you can make another BPAY payment to the Biller to make up the difference; the amount you told us to pay was more than the required amount - then you should call 13 2221 and talk to a customer service officer. We will attempt to recover the overpayment on your behalf, however, recoveries are performed on a best endeavours basis and if after 20 business days we are unsuccessful, you will need to ask for a refund from the payment recipient; or the account, Biller code or customer reference number was incorrect - then you should call 13 2221 and talk to a customer service officer. Can I cancel a BPAY transaction? We cannot stop any BPAY transaction once you have entered the relevant data, and given the instruction to process the payment. What happens if a Biller cannot process a BPAY payment? If we are advised that a BPAY payment cannot be processed by a Biller, we will advise the user of this and credit your account with the amount of the BPAY payment. We will also assist the user to make a valid BPAY payment. What you agree to when using BPAY View BPAY View lets you receive some bills electronically instead of by mail. You can view and then pay these bills using NetBank. (Refer to 'Where to get help') for details on how to register to use BPAY View. You must tell us if your contact details (including email address) change. When you register to receive a bill or statement electronically through BPAY View, you represent that you are entitled to receive that bill or statement from the applicable Biller. You agree to... That means you... Receive bills and statements electronically Agree that any electronic bill or statement you receive using BPAY View satisfies any legal obligations a Biller has to provide you with bills and statements. Access BPAY View regularly to receive your electronic bills and statements Agree to check your emails and/or our NetBank web site at least weekly; Agree to ensure your mailbox can receive email notifications (e.g. it has sufficient storage space available); Agree to tell us if you or any user is unable to access your email, our NetBank web site or a link to a bill or statement for any reason; Agree that a bill or statement is deemed to have been received by you if a notification that you have a bill or statement is sent to your server at the email address nominated by you, whether or not you choose to access your email; or a notification that you have a bill or statement is posted on our NetBank website, whether or not you choose to access our NetBank website; and Agree that a bill or statement will not be deemed to have been received by you if we receive notification that: your mailbox is full; or you cannot receive an email notification; or an email notification to you is returned to us undelivered. Disclose personal and transactional information as needed to facilitate the BPAY View process Agree to disclose any personal information (e.g. your name, email address and the fact that you are our customer) that is needed to enable Billers to verify that you have registered to receive bills and statements electronically using BPAY View or have cancelled your BPAY View registration; Agree to disclose any of your transactional information that is needed to process your BPAY Payments and any user's use of BPAY View; Agree to allow data to be collected by us or your nominated Biller(s) about whether you access your emails, our NetBank website and any link to a bill or statement; Agree to notify us of any changes to your personal information; Agree to disclose any updates to your personal information to all other participants in the BPAY Scheme referred to underneath this table, as necessary; and Agree to disclose to a Biller that an event (refer to 'Receiving paper bills and statements instead of electronic ones') has occurred. Personal and transactional information will only be disclosed to: the Bank; BPAY Pty Ltd; the Billers nominated by you; these Billers' financial institutions; any agent appointed by BPAY Pty Ltd to provide the electronic systems needed to implement the BPAY Scheme (e.g. Cardlink Services Limited). The Bank does not store the personal information you provide to register with BPAY View with a particular Biller. You can request access to your personal and transactional information held by the Bank, BPAY Pty Ltd or its agent, Cardlink Services Limited. Availability of electronic statements and bills Except as expressly provided for in the Terms and Conditions in this section, we accept no responsibility to arrange for or ensure that any Biller with whom you register to receive bills and statements using BPAY View actually makes those bills or statements available to you.   If you fail to receive bills and statements from a Biller or the bill or statement is not available to be viewed using BPAY View, you must contact the applicable Biller to obtain a paper bill or statement. Suspending or cancelling BPAY View If, at any time, continued use of the BPAY View service may cause loss to you or us, or if the Bank elects not to continue with the service, we may: suspend or cancel use of BPAY View entirely or in relation to a particular Biller; and suspend or cancel your registration to use BPAY View without prior notice. We will advise you of such suspension or cancellation via the most appropriate means, which may include by notification to your email address or by posting a notice on NetBank. Using NetBank to store and delete bills and statements Unless you delete the bills and statements delivered to you through our NetBank website, they remain accessible for a period determined by the Biller (up to 18 months). After this set period they will be deleted, whether they have been paid or not.   The maximum number of bills and statements available to through our NetBank website is 150. If you reach this number and a new bill or statement is delivered to you, the oldest bill (according to the time of delivery) will be deleted by us. What happens if there is a problem with BPAY View? If, as a result of an act or omission by you or any user or the malfunction, failure or incompatibility of computer equipment you are using at any time to participate in BPAY View, a bill or statement is: not delivered to you on time or at all (other than because you failed to view an available bill); delivered to the wrong person; delivered with incorrect details; or delivered to you after you have unsuccessfully attempted to deregister from using BPAY View You must contact the applicable Biller to advise them of the error and if applicable obtain a correct paper bill or statement as soon as you become aware of the error. You are responsible for any charges or interest which are payable to the Biller due to any late payment as a consequence of such error. Please contact the Biller directly if you have any queries in relation to bills or statements. Receiving paper bills and statements instead of electronic ones You may receive from the applicable Biller paper bills and statements instead of electronic bills and statements, although the Biller may charge a fee where you request a paper bill in addition to an electronic version.   Unless we are also the applicable Biller, we accept no liability to provide you with a paper bill or statement in any of the following circumstances: a. if you or the Biller deregister from BPAY View; b. if we receive notification that your mailbox is full or that you cannot receive any email notification of a bill or statement; c. if our email to you is returned to us undelivered, e.g. your email address is incorrect or cannot be found; d. if we are aware that you are unable to access your email or our NetBank website or a link to a bill or statement for any reason; or e. if any function necessary to facilitate BPAY View malfunctions or is not available for any reason for longer than the period specified by the applicable Biller. However, we will take all reasonable steps to advise the applicable Biller of the circumstances, unless the Biller already knows about them.  We may disclose that the above circumstances have occurred to the institutions listed (refer to 'Personal and transactional information'). Changes to Electronic Banking Terms and Conditions Our obligation to give you advance notice as specified below does not apply if changes are required to immediately restore or maintain the security of a system or an individual facility, including the prevention of systemic or individual criminal activity, including fraud. Change Minimum number of days' notice Method of notice Introduce or increase a fee or charge relating solely to the use of or the issue of any additional or replacement cards, PINs, passwords or other codes used to access your account.   30 days In writing* unless we cannot locate you. Increase your liability for losses relating to transactions using a card, PIN, password or other code (subject to the liability limits established in these terms and conditions). 30 days In writing* unless we cannot locate you. Introduce, remove or adjust the daily transaction limit or other periodical transaction limits applying to the use of your card, PIN, password, other code, an account or electronic equipment. 30 days In writing* unless we cannot locate you. Any other change. Before the day of change In writing* or by advertisement in the national or local media. * If you receive electronic statements and notices, we may provide the notice by email or on NetBank and send you a notification email to tell you it's available to be viewed in NetBank. If there are a lot of important or a sufficient number of cumulative changes, we will issue a new brochure setting out all the changes made to the Terms and Conditions in this brochure. We will also give you notice of the variation with an account statement (as applicable). Severance If any part of any of these Terms and Conditions is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining parts of these Condition of Use will continue to apply as if the void or unenforceable part had never existed. Customer information and privacy For information about our information collection practices, please see our Group Privacy Policy available on our website at commbank.com.au (follow the Privacy Policy link) or upon request from any branch of the Bank. Our policy should be read in conjunction with the privacy disclosures we give you when you apply for a product or service. Our policy includes information about: the ways we may collect, use or exchange your information; how you may access and seek correction of the information; and how to make a complaint about a breach of your privacy rights, and our complaint handling procedures. 6.20.01 Acceptable Use of UQ ICT Resources 1. Purpose and Objectives The University of Queensland’s Information, Communications and Technology (ICT) resources are provided to support and enhance the University’s activities. This policy informs Users of UQ ICT resources of their rights and responsibilities. This policy also applies to the use of information that may be accessed via ICT resources. This policy must be read in conjunction with the Procedures for the Acceptable Use of ICT Resources and associated Procedures and Guidelines related to specific ICT-related hardware, software and applications. While this policy applies to email, additional policy statements specific to email are found in 6.20.06 Email for Staff and Students. 2. Definitions, Terms, Acronyms Account/UQ Sign-In - access provided by UQ to any ICT resource or any non-UQ ICT resource utilised for UQ purposes ICT - Information Communication Technology. ICT products and services are defined as all types of technology (data, voice, video etc) and associated resources which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. User - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other people who legitimately access UQ’s systems and/or network Other Entities - External organisations which may provide cloud solutions (e.g. Microsoft), host services such as Wimba and Turnitin, and UQ affiliated and wholly owned organisations 3. Policy Scope/Coverage This policy applies to all Users of UQ’s ICT resources. The policy also applies to anyone connecting non-UQ or affiliated (including personally-owned) ICT equipment (e.g. laptops) to UQ’s network. 4. Policy Statement UQ sets policy on the acceptable use of UQ ICT resources in respect of provision of resources, access to resources, responsible, ethical equitable and legal use of resources, security and privacy, compliance and breaches and responsibilities. Policy details on each of these aspects are outlined in sections 5-10 below. 5. Provision of ICT Resources ICT Resources encompass infrastructure, equipment, software, and facilities including technologies such as computers, smart phones, the Internet, broadcasting technologies (radio and television), and telephony. ICT resources include: All networks, hardware, software and communication services and devices which are owned, leased or used under licence by UQ including UQ’s academic and administrative systems; Computing facilities and information resources maintained by Other Entities , but available for use through an agreement or agreements with UQ; and Staff and student web pages hosted on UQ ICT Resources. UQ recognises the importance of ICT and provides access to Users for University and other authorised purposes according to need and available resources. Usage is subject to the conditions set out in this policy and associated procedures. Access to ICT resources through the University network is a cost to the University and is not provided to Users unconditionally. UQ does not permit its ICT resources to be used for unauthorised activities. UQ cooperates with network providers, legal authorities of the State and Commonwealth, and the international community to provide a reliable and trustworthy service. Whilst UQ respects the privacy of Users of ICT Resources, UQ reserves the right to monitor User activity and take appropriate action if misuse of resources is identified. Monitoring for misuse of UQ ICT Resources must be authorised by the Director, ITS. 5.1 Software UQ requires that Users and Organisational Units use and install software in compliance with licence terms and conditions. It is a criminal offence if an individual makes an infringing copy of software with the intention of obtaining a commercial advantage or profit and if the individual knows or ought reasonably to know that the copy is infringing copyright. Installation of privately purchased and owned software on University systems is not advised. If this is necessary, the owner must contact either their local Software Licensing Point of Contact or ITS Software Licensing to have the software registered and to check the installation is allowed under the license terms. Proof of purchase is required, consisting of the license certificate and original media, and the invoice if it is available. 5.2 Computing resources for students UQ will continue to provide on-campus computer facilities in line with equity principles and legislative requirements. UQ organisational units and affiliates must ensure that adequate on-campus ICT facilities are provided for learning requirements. 5.3 Information management Users must take appropriate steps to ensure the security, confidentiality, and integrity of all UQ related information stored or received, including measures to prevent loss of information. Please refer to the ‘ICT Security Management Policy’ for further detail. 5.4 Records management It is the responsibility of staff and RHD students to submit to the relevant records storage system any information that is (or is reasonably likely to be at that time) a university record or part of a university record as outlined in 1.60.4 Records Management. 5.5 Cloud Computing It is the responsibility of administration system owners to follow the Qld Government Cloud Computing Guideline when implementing a cloud computing solution for administration systems. Within the Qld Government Cloud Guideline, there is reference to the Department of Defence Cloud Computing Security Considerations. Administration system owners should consider the checklist in this document when conducting an analysis of a cloud computing solution. A decision tree is presented on the ITS Website to facilitate the decision making process of a cloud deployment model. 6. Access UQ account and email address is provided for access to UQ ICT Resources. Access to the Internet must be via an authorised account associated with the User or to the corresponding UQ authorised and registered application. Conditions apply for Users who are under 18 as outlined in the associated procedure. Users must protect the security and integrity of their access e.g. account, password and equipment on which this is saved. UQ reserves the right to remove or limit access to ICT resources, and to remove or limit access to material and resources stored on University-owned computers or other resources. Changes to access must be directed to the Director of Information Technology Services. Access to all resources utilising central UQ Sign-in (e.g. finance, HR, student) will be subsequently terminated when Users cease association with UQ (e.g. when a staff member is no longer employed, or when a student is no longer enrolled). 7. Responsible, Ethical, Equitable and Legal Use of ICT Resources UQ requires all Users of its ICT resources to do so in a responsible, ethical, equitable and legal manner and in accordance with the UQ Code of Conduct (PPL 1.50.01 Code of Conduct). Guidance on acceptable use is outlined in the associated guidelines. The University understands that research and teaching and learning purposes may require exceptions to the given examples. 7.1 Legal and policy framework Users of University ICT resources must be aware that use of these resources is subject to the full range of Australian laws as well as any other relevant University policies and statutes. This includes (but is not limited to) areas such as copyright, breach of confidence, defamation, privacy, contempt of court, bullying and cyber-bullying, harassment, vilification, anti-discrimination, wilful damage and computer hacking. Users should be aware that access to some third party applications and content has separate contractual arrangements and terms and conditions which may apply over and above this policy. 7.2 Publishing UQ Web publishing guidelines apply to all material published using UQ resources. Carrying of advertising or commercial logos on UQ web pages requires prior permission from the Head of the Organisational Unit. 7.3 Limited personal use The use by UQ Staff of ICT resources for personal purposes is not generally permitted unless such use is kept to a minimum. Limited Personal Use is defined in the associated procedure. 8. Security and Privacy Access to information through ICT Resources will only be provided if there is a legitimate need. Users should be aware that legal or other requirements may necessitate access, retention, inspection and release of electronic files and communications (including email) held on or transferred through the University’s systems (including after termination) unless otherwise stipulated by PPL 4.10.13 Intellectual Property for Staff, Students and Visitors. This includes authorised monitoring of User activity when investigating possible misuse and may include any personal information held on UQ ICT Resources. Users who have authorised access to private information about staff or students, or confidential information of the University must respect the privacy of others and maintain the confidentiality of the information to which they have access in accordance with privacy laws and any UQ policies. 9. Compliance and Breaches 9.1 Notifying and handling of breaches Users who become aware of possible breaches of this policy must report it to either: their supervisor or manager; their Organisational Unit Head; or the Director, Information Technology Services. The Director, ITS is responsible in the first instance for handling potential breaches for Users other than students or staff. This could result in revocation of access. Formal disciplinary action for students will occur in accordance with 3.60.04 Student Integrity and Misconduct. Formal disciplinary action for staff will occur in accordance with the Misconduct/Serious Misconduct clauses as outlined in the Enterprise Agreement. UQ may refer serious matters or repeated breaches to the Chief Operating Officer, Director of Human Resources Division, the Head of the relevant Organisational Unit or to the appropriate external authorities which may result in civil or criminal proceedings. UQ has a statutory obligation to report illegal activities and corrupt conduct to appropriate authorities. 9.2 Penalties associated with breaches Penalties for misuse of ICT resources may range from loss or restriction of access to accounts, to formal disciplinary action or in some more serious instances criminal or civil proceedings. This could include financial penalties. 10. Responsibilities Heads of OUs are responsible for compliance with and communication of UQ ICT policies. The Director of ITS has the responsibility for coordinating the implementation of this policy and its associated documents. 6.20.02 UQ Software 1. Purpose and Objectives This procedure informs all UQ staff of their rights and responsibilities when using software at the University and is designed to minimise the risks of a copyright infringement by the University and possible breaches of software licence terms. This procedure must be read in conjunction with the Policy for Acceptable use of UQ ICT Resources and the associated procedures and guidelines related to specific ICT‑related hardware, software and applications. 2. Definitions, Terms, Acronyms Information Communication Technology (ICT) products and services - all types of technology (data, voice, video etc) and associated resources which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. Enterprise Agreement - The University of Queensland Enterprise Agreement 2014 - 2017 SIMC - Strategic Information Management Committee Software - includes, but is not limited to, purchased or commercial software, sound, graphics, images, or datasets; shareware; freeware; and electronically stored documentation and the media that holds it. Not included in this definition are non-copyrighted computer data files that have no significance beyond the individual or organisational unit. Software Licence/Licence Agreement/End-User Licence Agreement (EULA) - A legal instrument (usually by way of contract law) governing the usage or redistribution of software. All software is copyright protected, except material in the public domain. A typical software license grants an end-user permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law. Software Piracy - unauthorised copying or distribution of copyrighted software. This can be done by copying, downloading, sharing, selling, or installing multiple copies onto personal or work computers. Software Audit - A process that identifies what software is installed, where it is installed, its usage, and provides a reconciliation of this discovery against usage. From time to time internal (driven by UQ) or external (vendor driven) audits may take a forensic approach to establish what is installed on the computers in an organisation with the purpose of ensuring that it is all legal and authorised and to ensure that the process of processing transactions or events is correct. Software Licence Compliance - Clear documentation that the number of legally obtained and genuine software licences matches the number of installed instances of a given software product on the University’s systems or devices. Software Licensing Points of Contact (POC) - A staff member within each organisational unit who is responsible for: Tracking all software orders and provide purchasing support for their organisational unit Maintaining the unit’s software licence repository as required by the UQ Software Policy Tracking all software installs and changes to installs. Ensuring the unit is accountable and audit‑ready Acting as a liaison between the organisational unit and ITS Procurement for all software licensing related issues. UQ ITAM - Central IT hardware and software management system 3. Procedures Scope/Coverage The diverse and geographically dispersed framework of the University increases the risk of exposure to non-compliance of the Copyright Act and software license agreements. The following procedure will therefore apply to the use of software within The University of Queensland and its affiliates. 4. Procedures Statement This procedure provides additional detail on software in respect of procurement, licence compliance, responsible use, audits and penalties for non-compliance. Details on each of these aspects are outlined in sections 5 – 9 below. 5. Software Procurement 5.1 All software in use within The University of Queensland must be for legitimate work purposes, approved by management prior to installation and appropriately purchased according to the licence terms and conditions and the University’s financial management policies and procedures. 5.2 Where the University's licensing agreements do not allow use of the software on personally owned equipment staff must purchase their own legally licensed copies of the software. 5.3 Software that is not otherwise available for free under the terms of its accompanying licence (for example: commercial software) must be purchased through ITS Procurement or nominated POC of the organisational unit. 5.4 Software purchased through ITS Procurement will be automatically recorded for compliance purposes in the ITAM system. 5.5 The same purchasing rules apply to online software purchases as purchases using traditional mechanisms. 5.6 Software purchases must take advantage of existing volume discounts, site licences, preferred supplier agreements or any other mechanism to reduce costs. 5.7 During the process of purchasing software, nominated POCs of organisational units are required to check within the ITAM tool for the existence of current agreements, and with ITS Procurement for planned agreements and intended software purchases. 5.8 Acquisition of new site and volume licence agreements must be coordinated by ITS Procurement to ensure that correct University procedures for negotiating and signing new legal agreements are followed. 5.9 All University-wide software licensing agreements that the University or its affiliates may enter into must be first reviewed by the UQ Legal Office prior to acceptance and must be signed by the Chief Operating Officer on behalf of The University of Queensland. The Director ITS can also sign selected agreements, for example: renewal of ongoing licence agreements. 5.10 Where software must be registered with the author(s) or vendor(s) of the software, “The University of Queensland” must be used as the licensee Name where possible. 5.11 Staff must follow any additional applicable procedures and guidelines that the University may from time to time issue through an authorised organisational unit. 6. Software Licence Compliance 6.1 All software in use within The University of Queensland must be used in compliance with the accompanying licence terms and conditions. 6.2 Staff obtaining and/or using software must make themselves aware of their obligations regarding the possession and use of the software. 6.3 Heads of organisational units are responsible for nominating a POC within their unit to maintain the Unit’s software register through the ITAM system and to liaise with ITS Procurement for software purchasing. 6.4 An appropriate number of licences must be purchased to reflect the level of usage of the software within the organisational unit. 6.5 The type of licences purchased must reflect the use to which the software will be put and the manner of deployment being employed by the organisational unit. ITS Procurement can provide advice on these issues. 6.6 Staff will not unlawfully copy software installation media or use copies of illegal software. 6.7 ITS Procurement will update the ITAM system with licence records for any site licences or software that has been purchased through ITS Procurement. POCs will create licence records for any software purchased directly from suppliers. 6.8 POCs will periodically liaise with ITS Procurement for validating the register of software licences for their Organisational Unit. 6.9 If any system or device is found to be running software that is either unlicensed, or unregistered with ITS Procurement or the Software Licensing POC person within the organisational unit, the Director, ITS may immediately remove network access from such a device until satisfied that the software has either been licensed and registered or removed. 6.10 Use of software covered under University licence agreements on personally owned hardware is not allowed except where expressly covered under the terms and conditions of the licensing agreement for that software. 6.11 In cases where use of licensed software by staff on personally owned systems is allowed, the software must be used in accordance with the stated terms and conditions of the licence agreement and it is the staff member's responsibility to make themselves familiar and comply with those terms and conditions. 7. Responsible Use of Software 7.1 Software master media (where applicable) must be securely stored in order to avoid theft and/or unauthorised use or copying. 7.2 Any software no longer required (for example: surplus, obsolete) should be uninstalled, redeployed, disposed of or returned in accordance with the agreed licence terms and conditions. 8. Software Audits 8.1 Copyright owners can obtain the right, through an Anton Piller order, to enter business premises, unannounced, and search for evidence of illegal copying of software. 8.2 Additionally, many of the licence agreements agreed to by the University give the copyright owner the right to audit, with notice, the University’s systems for evidence of non-compliance with contract terms. 8.3 Heads of organisational units may request the Director, ITS to undertake a software audit as part of an agreed Services Portfolio for ITS support of their systems. This service may incur an additional charge and Heads should contact ITS to discuss this. 8.4 The Director, ITS is not obliged to report on software which has been purchased outside of ITS Procurement but may choose to do so. 8.5 Where Heads of organisational units have no agreed services portfolio with ITS, they remain responsible for using the ITAM system to produce a software audit report of their Unit’s systems and devices when required. 8.6 Any software discovered during these audits which is not recorded in the ITAM system should have an appropriate licence purchased as needed, should be removed immediately, or if purchase records can be found it should be added to the ITAM system. 8.7 Organisational unit POC’s will ensure that the ITAM system is maintained accurately and that the inventory agent is deployed so that the system can produce compliance information showing a comparison of actual use against licences held when requested by SIMC or the Director, ITS to fulfil an auditing request. 8.8 Staff are required to notify their supervisor or their organisational unit Head of any illegal copies of software or related documentation of which they become aware. As necessary/appropriate such issues may be reported under the Public Interest Disclosure Act as outlined in PPL 1.60.03 Public Interest Disclosure Policy. 8.9 If staff receive an audit letter, this should be passed onto the Legal Office and under no circumstances should discussions be entered into with the author/vendor by other than the Legal Office. 9. Penalties for Non-Compliance 9.1 University Disciplinary action may be taken against staff engaged in the unlawful copying, use or distribution of software, as per the Misconduct/Serious Misconduct clauses in the Enterprise Agreement. 9.2 Criminal penalties as per the Copyright Act 1968 (Cth) Fines up to $93,500 and /or up to five years imprisonment for individuals Fines up to $467,500 and/or up to five years imprisonment for companies. 9.3 Civil penalties as per the Copyright Act 1968 (Cth) Making or using illegal copies of software for your personal use or at work is a civil offence under the Copyright Act and offenders are liable for: Damages of an unlimited amount (determined by the Court) Court costs in many circumstances, which can also be substantial. 6.20.03 Telephone Charges 1. Purpose and Objectives This document outlines the procedures that apply to UQ organisational units regarding the charging of desk telephone call costs. 2. Definitions, Terms, Acronyms PABX - Private Automatic Branch Exchange. A privately owned telephony exchange which operates within an organisation to switch and route phone calls. Operates as a branch of the main carrier network. Mobile Phone - These are the GSM mobile phones or mobile services supplied to the University by carriers. These include basic mobiles, smartphones, data plans and data modems. Landline Phone - Also referred to as "PABX phone" or "fixed line" phone. This is the physical phone on a staff member's desk, or used in labs, foyers, lecture theatres, common rooms and University call centres. They are sometimes wall mounted. Other phone services included in this definition are PC based phones, PABX clients on mobiles, the UQ PABX micro cellular phones and cordless phones. Phone lines for the support of modems, Multi-Function Devices (MFDs), Security alarm diallers, fax machines, lift intercoms, and Emergency call points are also included. 3. Procedures Scope/Coverage This procedure applies to all UQ organisational units. 4. Procedures Statement This procedure provides information on telephone charging in respect of PABX phones, mobile phones, and telephone assistance. Details on each of these aspects are outlined in sections 5 – 7 below. 5. PABX Phones 5.1 Landline or PABX telephone services at St. Lucia, Ipswich, Gatton, Herston Medical School, Dental School Turbot Street, Indooroopilly, and Pinjarra Hills campuses and Customs House and the PACE facility at PA are provided using a central PABX. 5.2 The central PABX provides facilities to control which extensions can make direct mobile phone, STD and ISD calls. 5.3 Call costs associated with extensions at the locations above will be charged to organisational unit general ledger accounts via a monthly journal. 5.4 Call costs for extensions on campuses and locations not covered by the central PABX will be charged to the relevant business unit accounts when the University’s phone carrier’s account is paid. 5.5 Organisational units in locations covered by the central PABX will be provided with a monthly summary report of the calls which have been charged and will be able to request more detailed printed reports. These are available from the Call Accounting Helpline (extn 52000), and a charge for these reports is applicable. Call details for organisational units with a presence on sites not covered by the central PABX will be provided in the University’s phone carrier’s account. 5.6 Funds will be allocated to business units to offset the costs of calls, and these funds will be based upon established historical usage patterns. 5.7 Details on how to change or relocate existing telephone equipment or request new installations can be found on the ITS web site Telephone Services, in the "PABX and Landline phones" section. Works and new services will be charged according to the charges in the "Catalogue of Standard Charges for Telephone Services". This document is available on the Telephone Service section of the ITS web site, or by contacting ITS Telephone Help Line on extension 51000. 5.8 Costs associated with changes to existing telephone equipment or new installations extensions at the locations above will be charged to organisational unit general ledger accounts via a monthly journal. 6. Mobile Phones 6.1 The University has contracts with Telstra and Optus for mobile phones and plans. Telstra is the preferred carrier for mobiles. 6.2 The mobile phone contracts are not exclusive. In cases where special coverage or access requirements exist, mobile phones and plans may be sourced from alternate carriers. 6.3 Details on the plans, handsets and subsidised handsets from the suppliers can be found on the ITS web site Telephone Services, in the "Mobile phones and plans" section. 6.4 Advice on the most suitable phone handsets, plans and mobile service cost management can be obtained through contacting UQ Mobiles via extn 66622 or emailing UQmobiles@uq.edu.au. 6.5 Details on how to order a mobile phone or service or changes to existing plans can be found on the ITS web site Telephone Services, in the "Mobile phones and plans" section. 6.6 Charges associated with call costs for Telstra mobile services will be charged to organisational unit general ledger accounts via a monthly journal. 6.7 Authorised UQ financial delegates can be given access to Telstra's MBRS (Managed Billing and Reporting Service) to enable them to track and monitor their user's Telstra phone expenditure. To gain access to a MBRS account, email UQmobiles@uq.edu.au with the mobile service number. 6.8 Charges associated with call costs for mobile services from carriers other than Telstra will be invoiced directly to the organisational unit by the carrier. 7. Telephone Assistance 7.1 To report faults or service difficulties with telephones, call the ITS Telephone Help Line on extension 51000, or ITS Service Desk on extension 56000 – option 5. 7.2 To report faults or service difficulties with mobile services, call UQ Mobiles on ext 66622 or email UQmobiles@uq.edu.au 7.3 For free consultation on which telephone equipment/engineering best suits your organisational unit's needs, call the Telephone Help Line on ext 51000. 6.20.04 Using Desktop Voice Calling and Personal Video Conferencing Software inc. Skype 1. Purpose and Objectives This guideline details the specific actions and process that must be followed to implement the Acceptable Use of UQ ICT Resources Policy in relation to online video or voice conferencing. The guideline outlines the responsibilities of all users of UQ ICT Resources. 2. Definitions, Terms, Acronyms Account/UQ Sign-In - access provided by UQ to any ICT resource or any non-UQ ICT resource utilised for UQ purposes ICT - Information Communication Technology.  ICT products and services are defined as all types of technology (data, voice, video etc) and associated resources which relate to the capture, storage, retrieval, transfer, communication or dissemination of information through the use of electronic media. User - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other people who legitimately access UQ’s systems and/or network Other Entities - External organisations which may provide cloud solutions (e.g. Microsoft), host services such as Wimba and Turnitin, and UQ affiliated and wholly owned organisations 3. Guidelines Scope/Coverage This is a University-wide guideline, which applies to all users of University ICT resources – including (but not limited to) staff, students, contractors, third parties, associates and honoraries, alumni, conjoint appointments and visitors to the University. The guideline also applies to anyone connecting personally owned equipment (e.g. laptops) to the University network. 4. Guidelines Statement This guideline provides additional detail on online video or voice conferencing in respect of definitions, important things to know about generic applications and Skype in particular, using generic applications and Skype in particular at UQ and what to do if your computer becomes a Skype “supernode”. Details on each of these aspects are outlined in sections 5 – 10 below. 5. What is Online Video or Voice Conferencing? ITS recommends the use of Cisco Jabber for Online Video Conferencing, details of this can be found on the ITS website here. There are many freely available software applications that enable “free” voice and multimedia communication across the network e.g. Skype, Vidyo, Google Talk, etc.  These applications are generally self-configuring and work effectively on most computers or smart devices with a broadband or better connection. 6. Some Important Things to Know about Online Video and Voice Conferencing Before you have online video or voice conferencing software installed and start using it on your computer you should be aware of a few things. • The popularity of these applications combined with the fact that some use a proprietary code base has led to concerns over possible malicious exploits. As with all software applications, it is critical to patch and update the client regularly. • These applications rely on the intervening network to reliably transfer data between the end points of your call. This can sometimes have a significant impact on the quality and usability of the call. There can be no guarantee of service or quality when you use applications of this type. 7. Important Information Specific to Skype Skype uses a peer-to-peer approach where each individual client will perform some work on behalf of the Skype network. As the number of users grows, so too will the number of peers in the network, requiring some peers to do more work. These peers are elected as “super nodes” and start relaying large amounts of traffic for the Skype network, slowing other services and consuming or exhausting user Internet quota. 8. Using Online Video or Voice Conferencing at UQ If you plan to install and use one of these applications on a computer connected to the University network please remember and abide by the following guidelines: • You should always use the latest version of the client software for the operating system installed on your computer and you should also make sure that it is patched to the most recent revision. • You should always have the University approved (and up to date) anti-virus software and system security software running when you are using these applications. • Support for these applications is offered on a on a "best efforts" basis only and issues of connectivity or call quality beyond the UQ-border may affect the ability of IT staff to resolve problems, particularly if the issues are related to network bandwidth or latency. • ITS does not provide support for these applications in centrally controlled teaching spaces. • Remembering to shut the client down when you are finished your call will help reduce the chance that it could be compromised or exploited to gain unauthorised access to your computer, your data and your UQ credentials. • Whilst these applications can be configured to remember credentials and passwords it is very poor security practice to do so and you should avoid making the configuration change. 9. Using Skype at UQ Despite the apparent drawbacks, Skype can be extraordinarily useful and it is important to remember that Skype is in wide use at the University. If you plan to install and use Skype on a computer connected to the University network please remember and abide by the following guidelines: • You should only use Skype on computers that are connected to the network via BROADHOP on private TCP/IP addresses. This is to prevent them becoming “super nodes” and using up valuable network or computer resources. • You should not use Skype on computers connected directly to the Internet via a public TCP/IP addresses. • As a rule of thumb, Skype should not be installed on general laboratory or classroom computers whether they are connected via BROADHOP or not. If you need to install Skype on a laboratory or classroom computer please check first with your local IT Support Officer, or the IT Service desk. 10. What happens if my computer does become a Skype “super” node? If a computer on which Skype is installed is detected as using an excessive amount of bandwidth, IT Support staff will be requested to disable access or remove it from the network until it can be safely reconnected. If this occurs when you are not available to be contacted, your computer may be disconnected from the network remotely. 11. Further Information Please remember that online video or voice conferencing software is not a replacement for a normal phone, and cannot be relied on for making emergency calls. Please click on the following links to find out more information about Skype from their website or to download the latest version of the client software. Please note that if you are viewing this page from within the UQ Network you may be asked to authenticate. • Download the latest Skype client software • Visit the Skype website • Check out an alternative to Skype, Microsoft Communicator For clarification on any matter in relation to this Guideline, please contact your local IT Support or the Director (ITS), ph. 3346 6881, email help@its.uq.edu.au. 6.20.06 Email for Staff and Students 1. Purpose and Objectives This policy provides specific details regarding the hosting, management and use of UQ’s email service. This policy is an extension of the more general Acceptable Use of UQ Information and Communication Technology Resources Policy and associated procedures and guidelines and must be read in conjunction with that policy.  2. Definitions, Terms, Acronyms Users - staff, students and alumni who are provided with a UQ email account OU - organisational unit SIMC - Strategic Information Management Committee Alumni - Graduates of all UQ degree programs, awardees of honorary doctorates, incoming exchange and study abroad students are considered UQ Alumni for the purpose of this policy. 3. Policy Scope/Coverage This policy applies to all users and providers of UQ’s ICT email service. 4. Policy Statements ITS will maintain the official email system for UQ whether it be provided internally or through an agreement with an outsourced services provider. If an OU wishes to maintain their own email server, approval must be obtained from the Chair of the SIMC. A UQ email address will be used by UQ for the delivery of all official University email. Staff must not use externally hosted accounts for university correspondence, except where approved by the head of the appropriate OU. Staff emails (including staff accounts provided to RHD Students) must not be automatically forwarded to an external service provider (such as Big Pond, Google, Yahoo) except for specific exceptions in each case. Staff are required to use their official UQ email address on all university business correspondence. Retiring academic staff will retain their email account for life.  Email for life does not apply to academic staff who leave UQ but who are not retiring.  Accounts with no activity for a period of 6 months will be terminated.  Users of "Email+ for Life" are required to comply with the Email+ for Life Terms of Use. Students and Alumni may forward University of Queensland email to another account, either internal or external. It is the responsibility of users to ensure they check and maintain their University email account on a regular basis. Subject to PPL 4.10.13 Intellectual Property for Staff, Students and Visitors, a UQ staff (including RHD staff) email account and its contents is owned by UQ whether the account is supported by UQ or authorised third parties. UQ may monitor, access, restrict, terminate or suspend email accounts under any of the following circumstances:  When the user or the user's account has breached a UQ policy For security and system maintenance purposes When approved by the Provost, the Chief Operating Officer or the Director of Information Technology Services, under the Procedures applicable to this Policy. Email messages are documents of the University for the purpose of the Right to Information Act 2009 and the Information Privacy Act 2009. Only designated representatives of the University may send communications to many recipients in a single email except where staff or students subscribe to this service. Examples of multiple recipient groups and details of authorisation are given in the Procedure ‘Sending Bulk Messages'. 6.20.07 Sending Bulk Messages 1. Purpose and Objectives This procedure outlines The University of Queensland's position on sending bulk messages.  This procedure should be read in conjunction with PPL 6.20.01 Acceptable Use of UQ ICT Resources. 2. Definitions, Terms, Acronyms Cohort of Students - students grouped by course or program. User, Authorised User - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other users who access UQ’s systems and/or network. 3. Procedures Scope/Coverage This procedure applies to all staff and students of the University in the sending of bulk communications. 4. Procedures Statement This procedure provides additional detail on the sending bulk messages in respect of email bulk messaging, SMS bulk messaging, compliance, use of bulk messaging, sending bulk messages, subscribed broadcasts, authorization, and seeking authorisation to approve broadcast electronic communication. Details on each of these aspects are outlined in sections 5 – 13 below. 5. Email Bulk Messaging 5.1 The University provides an email address to authorised users. The University also provides a directory of contact information for all staff and students and a messaging system that allows staff members, with relevant authorisation, to send bulk email messages to groups of recipients. 5.2 Other systems within the university also provide a method for bulk emails. These include SI-Net, e-Learning, Library and data warehouse systems. These systems allow staff to email cohorts of students. 6. SMS Bulk Messaging 6.1 SMS also provides the ability to broadcast messages to multiple recipients. The University does not wish to flood mobile phones with messages to students and staff as this could reduce the effectiveness of messages sent. 6.2 Mobile phone numbers are not available for all staff and students. 6.3 Consequently, the sending of bulk SMS messaging to students is restricted, so the number of messages received from The University of Queensland is kept small and focused on high priority topics. 6.4 In addition to the tightly controlled distribution of official information via SMS, students may wish to “opt-in” to additional SMS services available at UQ. 6.5 Some staff are provided with mobile phone numbers as part of their work requirements. 6.6 Where overseas mobile phone numbers are provided to UQ for the purposes of receiving official University-initiated SMS messages as authorised below, a charge may be incurred by the student or, in the case of staff, the business unit providing the mobile phone. 6.7 SMS can also be provided to staff and students as a user pays service where staff and students have opted in for this service. 7. Compliance 7.1 Messages sent by electronic communication must be consistent with existing University policies and statutes.  8. Use of Bulk Messaging 8.1 Broadcast communication must be used for University purposes only. The sender of broadcast communication is construed to be a representative of the University. 8.2 The email address provided by the University to authorised users is not a private facility over which the staff member or student has exclusive control to decide what will or will not be sent to him/her. 8.3 The University reserves the right to communicate to its staff and students, through its authorised managers, information which: Is relevant to the University as a whole (for messages to all, or large groups of staff or students) or to sections of the University such as Faculties, Schools or Divisions; and Is required for the effective functioning of the University or the relevant organisational unit; or which covers issues, policies, corporate events or decisions with a direct connection to the work of the University and its key organisational units. 8.4 Generally, advertising of events, or causes or services, should be communicated electronically through facilities such as my.UQ, web pages and subscription email lists or subscription SMS lists. For special circumstances, authorisation may be received from authorising officers (see '11.  Authorisation' below). 9. Sending Bulk Messages 9.1 It is possible to send messages to all staff or students in particular groupings (for example, all staff in the University, staff in a particular school or organisational unit, or students in a course). Messages can be sent to staff either by personal addresses at the University or role / function addresses at the University where an email alias/account has been set up for that role (such as Head of School, Course Convenor, Faculty Finance Officer). 9.2 Recipients of bulk messages should remain anonymous to each other. 9.3 Only designated and authorised staff members (as indicated in the tables in “11 . Authorisation” below) are to send bulk email messages except where staff or students subscribe to this service. 9.4 A central system is also available to send bulk SMS messages. The sending of bulk SMS messages is also restricted to authorised staff (as indicated in the tables in “11. Authorisation” below) except where the staff or student subscribes to this service. 9.5 The student username (including email addresses with the abbreviated student number), student number and student name should not be displayed together in the public domain including bulk emails which are accessible by other students. 10. Subscribed Broadcasts 10.1 The broadcast of communication messages to sub-sets of student or staff members (for example: members of UQ Sport, specific Student Union clubs and societies or Communities of Practice mailing lists), other than in circumstances outlined in 9.1, should occur only where: The recipients are subscribed members of a discussion group or other form of voluntary association that has been approved by the Chief Operating Officer;or Members can remove themselves from the list-server voluntarily. 11. Authorisation The following tables indicate the relevant authority for broadcasting of messages at The University of Queensland. Table 1: Authorisation of Broadcasts to All Students and/or Staff (unlimited access) Electronic Communication concerning Email SMS Authorised by All Students For the purposes of student and academic administration (e.g. Health Services, Enrolments, Student Union) Academic Registrar or nominee All Students To provide alerts regarding critical incidents  Chief Operating Officer  or nominee All Students To provide information about UQ IT services   Director, Information Technology Services  or nominee All Staff Director, Human Resources  or nominee All Staff To provide alerts regarding critical incidents Chief Operating Officer  or nominee All Staff To provide information about UQ IT services   Director, Information Technology Services  or nominee All Operational Staff To provide information about UQ IT services and to maintain the effective operations of services through Information Technology Services Director, Information Technology Services  or nominee All Library Users   University Librarian  or nominee All Staff and All Students To provide information regarding property and facilities matters Director, Property and Facilities or nominee Table 2: Authorisation of Broadcasts to a Particular Group of Students and/or Staff (limited access) Electronic Communication concerning Email SMS Authorised by Academic/faculty matters e.g. messages to students enrolled in a particular academic program; personnel involved in Centres associated with the faculty; or all postgraduate research students.   Executive Dean, Dean, UQ Graduate School or nominee Students in a designated course   Course Coordinator for the designated course or nominee or program Director or nominee All staff in an organisational unit As agreed by senior management within the Organisational unit. 12. Communication not covered in Section 11 12.1  Where communication is required to groups which are not wholly comprised of staff and/or students e.g. UQ Alumni, or external parties, the communication needs to be approved by the Chief Operating Officer. 12.2  Commercial Electronic Messages must comply with the Spam Act 2003 (FAQ) which requires: either express consent for the communication to be sent, or an existing relationship, and the communication contain clear and accurate identification of the sender and how to contact them, and details on how to opt-out of receiving further messages from this sender. 13. Seeking Authorisation to Approve Regular Broadcast of Electronic Communication 13.1 Where authorisation for regular broadcasting on matters additional to those identified above is required, permission must be obtained from the Chief Operating Officer. Areas should provide information on who would be authorised to send the message, the justification for requiring the service and the target audience. 6.30.01 UQ ICT Security 1. Purpose and Objectives The Information Security Policy is to enable organisational units of the University to meet their responsibilities for the security of UQ information held in electronic formats. This policy must be read in conjunction with the Procedures for the Information Communication Technology Security and other associated Procedures and Guidelines. 2.  Definitions, Terms, Acronyms ICT Asset - All applications and technologies that are owned, procured and/or managed by UQ.  These include desktop and productivity tools, application environments, hardware devices and systems software, network and computer accommodation, and management and control tools. Information - Any collection of data that is processed, analysed, interpreted, organised, classified or communicated in order to serve a useful purpose, present facts or represent knowledge in any medium or form. This includes presentation in electronic (digital), print, audio, video, image, graphical, cartographic, physical sample, textual or numerical form. Information Asset - An identifiable collection of data stored on ICT Assets and recognised as having value for the purpose of enabling UQ to perform its business functions, thereby satisfying a recognised UQ requirement. Information Security - Concerned with the protection of information from unauthorised use or accidental modification, loss or release. Information Systems - The organised collections of hardware, software, equipment, policies, procedures and people that store, process, control and provide access to information. NTSAF - Network Transmission Security Assurance Framework version 1.0.1 QGISCF - Queensland Government Information Security Classification Framework version 2.0.1 Secure Area -  Provides the highest integrity of access to, and audit of, Security Classified Information Assets to ensure restricted distribution and to assist in subsequent investigation if there is unauthorised disclosure or loss of information assets. The essential physical security features of a Secure Area include: appropriately secured points of entry and other openings tamper-evident barriers, highly resistant to covert entry an effective means of providing access control during both operational and nonoperational hours all persons to wear passes all visitors escorted at all times during non-operational hours a monitored security alarm system, providing coverage for all areas where Security Classified information assets are stored an approved means of limiting entry to authorised persons. Security Classified Information - Information which has been assessed against the Queensland Government Information Security Classification Framework (SGISCF) and assigned a classification. SIMC - UQ’s Strategic Information Management Committee Stakeholders - all staff, students, contractors, third parties, clinical and adjunct title holders, affiliates, alumni and all other individuals who access UQ’s systems and/or network. System - A combination of Information Assets and ICT Assets supporting a business process. The Guideline - The PPL ICT Security Guideline The Procedure - The PPL ICT Security Procedure 3. Policy Scope/Coverage This policy applies to system owners and staff responsible for implementation and maintenance of information assets and ICT assets. 4. Policy Statement UQ sets policy on UQ information security in respect of policy, planning and governanance, asset management, human resources management, physical and environmental management, communications and operations management, access management, system acquisition, development and maintenance, incident management, business continuity management, and compliance management. Policy details on each of these aspects are outlined in sections 5-14 below. The policy recognises that effective IT security involves the cooperation of organisational units across the University and depends on responsible use of the University's IT systems by its users. This policy takes into account the State Government Information Standard on Information Security (IS18) (v5.0.0 November 2010). In the environment of the University, security should be pragmatic and not unduly compromise the principle of providing students, staff and other authorised users with access to accurate, relevant and timely information. In line with The Queensland Government Information Security Policy Framework, the University of Queensland's Information Security Policy is directed at the preservation of the following principles: Confidentiality: ensuring that information is accessible only to those authorised to have access. Integrity: safeguarding the accuracy and completeness of information and processing method. Availability: ensuring that authorised users have access to information and associated systems when required. Responsible use: ensuring that controls are in place so that users of UQ IT systems are not able to affect adversely other users or other systems. Compliant Use: meeting legal and contractual obligations. 5. Policy, Planning and Governance 5.1 Information security policy This policy will be communicated on an ongoing basis and be accessible to all stakeholders. Exemptions to ICT policy statements require approval from SIMC (or a position delegated by SIMC). 5.2 Information security plan The UQ ICT Information Security Plan must align with UQ’s Mission Statement, Strategic Plan and risk assessment findings. The Guideline provides further information. A threat and risk assessment must be conducted for all ICT assets that create, store, process or transmit Security Classified Information. 5.3 Internal ICT governance Roles and responsibilities to implement, maintain and control operational information security are detailed in The Procedure. Endorsement for the information security internal governance arrangements must be obtained from SIMC. 5.4 External party ICT governance Third party service level agreements, operational level agreements, hosting agreements or similar contracts must clearly articulate the level of security required. 6. Asset Management 6.1 ICT asset protection responsibility All ICT assets that create, store, process or transmit Security Classified Information must be assigned appropriate controls in accordance with the QGISCF. A brief overview of the controls applicable to the security classifications of the majority of UQ’s Information is contained in The Guideline. All ICT assets that provide underpinning (core) and ancillary services must be protected from internal and external threats (e.g. mail gateways, domain name resolution, time, reverse proxies, remote access and web servers). 6.2 Information security classification All ICT Information Assets must be assigned an appropriate security classification and control in accordance with the QGISCF. Timeframes for implementation are outlined in The Guideline. Classification schemes do not limit the applicability of relevant legislation under which UQ operates. 7. Human Resources Management 7.1 During employment All employees must be made aware of UQ’s ICT information security policy, their security responsibilities, and associated security processes. Employees with access to HIGHLY PROTECTED information (as defined in QGISCF section 2.4) must acknowledge this has occurred. Responsibilities must be documented and communicated for employees with access to HIGHLY PROTECTED information or performing specific security related roles. 7.2 Post-employment (transfer or termination) Procedures for ensuring security during the separation of employees from (termination), or movement within UQ (transfer) are detailed in HUPP 5.80.10 Internal and External Staff Secondments and Job Exchange. 8. Physical and Environmental Management 8.1 Building controls and secure areas Building and entry controls for areas used in the processing and storage of Security Classified ICT Information must be established and maintained in line with the QGISCF as outlined in section 6 of The Guideline. 8.2 Equipment security All ICT assets that store or process information must be located in Secure Areas with control mechanisms in place to restrict access to authorised personnel only. Policies and processes must be implemented to monitor and protect the use and/or maintenance of Information Assets and mobile ICT Assets away from UQ premises. (Ref FMPM 6.1.7 Portable and Attractive Items). Policies and processes must be implemented to securely dispose and/or reuse ICT assets as referenced in The Procedure. 9. Communications and Operations Management 9.1 Operational procedures and responsibilities All information assets and ICT assets (including networks and methods for exchanging information within UQ) must be managed securely and consistently (in accordance with the level of security required). Operational change control procedures must be implemented to ensure that changes to information processing facilities or systems are appropriately approved and managed. 9.2 Third party ICT service delivery Third party service delivery agreements must comply with UQ’s Information Security Policy. 9.3 Capacity planning and system acceptance System acceptance must include confirmation of the application of appropriate security controls and of the capacity requirements of the system. System capacity must be regularly monitored to ensure risks of system overload or failure which could lead to a security breach are avoided. 9.4 Application integrity Adequate controls must be defined and implemented for the prevention, detection, removal and reporting of attacks by malicious code on all ICT assets. Vulnerability/integrity scans of core software must be conducted regularly to ensure detection of unauthorised changes. Anti malicious-code software must be regularly updated with new definition files and scanning engines. Employees must be educated about malicious code, the risks posed, virus symptoms and warning signs including what processes should be followed in the case of a suspected virus. 9.5 Backup procedures Comprehensive information and system backup procedures must be implemented. 9.6 Network security A procedure on scanning must be implemented to ensure that traffic entering and leaving the University network is appropriately scanned for malicious or unauthorised content. 9.7 Media handling Media handling procedures must be in line with the requirements of the QGISCF as outlined in section 6 of The Guideline. 9.8 Information exchange Methods for exchanging information within UQ, through online services, and/or with third parties must be compliant with legislative requirements and must be consistent with the QGISCF and the NTSAF which are outlined in section 6 of The Guideline. The type and level of encryption must be compliant with the requirements of the QGISCF and the NTSAF. 9.9 eCommerce All critical online services must have penetration testing performed periodically. Authorisation for publicly available eCommerce systems is outlined in the responsibilities section of The Procedure. 9.10 Information processing monitoring ICT assets must be synchronised to a trusted time source. Operator and audit/fault logs must be implemented on Information Systems. 10. Access Management 10.1 Access control policy Control mechanisms based on business requirements and assessed/accepted risks for controlling access to all corporate information assets and ICT assets must be established. Access control rules must be consistent with UQ business requirements, information classification, and legal/legislative obligations. 10.2 Authentication Authentication requirements including on-line transactions and services must be appropriate for the security classification of the information. 10.3 User access Access to information systems requires specific authorisation and each user must be assigned an individually unique personal identification code and secure means of authentication. 10.4 User responsibilities Users are responsible for complying with The Procedure and the Use of ICT Resources Policy and related documents. 10.5 Network access Authorisation from Information Technology Services Division must be obtained and documented for access (including new connections) to UQ networks. Authorisation from Information Technology Services Division must be obtained to modify or extend UQ networks. All wireless communications must have appropriate configured product security features and afford at least the equivalent level of security of wired communications. Remote access to UQ core business systems requires authentication and use of encrypted tunnelling technology. 10.6 Operating system access ICT assets utilising UQ Central sign-in have standard user registration, authentication management, access rights and privileges implemented. 10.7 Application and information access Restricted access and authorised use only warnings must be displayed upon access to all systems which have this capability. Access to all confidential/sensitive systems requires authorised approval. 10.8 Mobile computing and telework access Processes must be established for mobile technologies and teleworking facilities. 11. System Acquisition, Development and Maintenance 11.1 System security requirements Security controls must be commensurate with the Security Classifications of the information contained within, or passing across information systems, network infrastructures and applications. Security requirements must be addressed in the specifications, analysis and/or design phases and internal and/or external audit must be consulted when implementing new or significant changes to financial or critical business information systems. Security controls must be established during all stages of system development, as well as when new systems are implemented and maintained in the operational environment. Appropriate change control, acceptance and system testing, planning and migration control measures must be carried out when upgrading or installing software in the operational environment. 11.2 Cryptographic controls Cryptographic control must be consistent with those of the NTSAF. 11.3 System files Access to system files must be controlled to ensure integrity of the business systems, applications and data. 11.4 Secure development and support processes Processes (including data validity checks, audit trails and activity logging) must be established in business critical applications to ensure development and support processes do not compromise the security of applications, systems or infrastructure. 11.5 Technical vulnerability management Processes to manage software vulnerability risks must be developed and implemented. A patch management program for operating systems, firmware and applications of all ICT assets must be implemented to maintain vendor support, increase stability and reduce the likelihood of threats being exploited. 12. ICT Incident Management 12.1 Event/weakness reporting An information security incident register must be maintained and all incidents recorded . All information security incidents must be reported and escalated (where applicable) through appropriate management channels and/or authorities. Where a deliberate violation or breach of UQ information security policy or subordinate processes has occurred, this must be investigated and appropriate action taken. Responsibilities and procedures for the timely reporting of security events and incidents including breaches, threats and security weaknesses, must be communicated to all employees including contractors and third parties. 12.2 Incident procedures Information security incident management procedures must be established to ensure appropriate responses in the event of information security incidents, breaches or system failures. 13. Business Continuity Management 13.1 ICT disaster recovery Methods must be developed to reduce known risks to information and ICT assets. 14. Compliance Management 14.1 Legal requirements All legislative obligations relating to ICT information security must be complied with and managed appropriately. All information security policies, processes and requirements including contracts with ICT third parties, must be reviewed for legislative compliance on a regular basis. 14.2 Policy requirements All reporting obligations relating to ICT information security must be complied with and managed appropriately. The Information Security Compliance Checklist must be submitted annually to SIMC. 14.3 Audit requirements All reasonable steps must be taken to monitor, review and audit UQ’s ICT information security compliance, including the engagement of internal and/or external auditors and specialist organisations where required. 6.30.02 Corporate Printer Security 1. Purpose and Objectives This guideline contains information on securing print resources in support of the Acceptable Use of UQ ICT Resources Policy. Printers are no longer dumb devices with no storage capacity. Confidential and/or sensitive data often flows to printers and MFD. Without adequate security, this data could be subject to unauthorised access. It is not sufficient to rely on general security policies and procedures as they are not always specific regarding configurations.  Organisational Units should develop detailed standards, procedures or guidelines for the management and configuration of all networked printers and MFD. 2. Definitions, Terms, Acronyms Multi functional Device (MFD) - multi-function devices (MFDs) or multi-function printers that perform all or most of the following tasks: • Printing • Copying • Stapling/stacking • Digital sending to email • Digital sending to a network folder • Document Management Print Device - any printer or multi-functional device. 3. Guidelines Scope/Coverage This is a University-wide guideline which applies to all users of University ICT resources – including (but not limited to) staff, students, contractors, third parties, associates and honoraries, alumni, conjoint appointments and visitors to the University. 4. Guidelines Statement The default factory-set passwords on networked Print Devices should be changed as one of the first steps of deployment. This will reduce the risk of unauthorised configuration changes or access to documents. 4.1 Simple Network Management Protocol (SNMP) is an application-layer protocol that helps administrators monitor and manage network devices, including Print Devices. SNMP v3 or later should be used to manage Print Devices due to its more robust encryption and authentication mechanisms which minimize the risk of unauthorized access to modify Print Device configurations and information about documents processed by the Print Device. 4.2 Print Device -specific standards should be created that give detailed settings and instructions for optimal printer security 4.3 Critical Print Devices (used for printing, photocopying, scanning or faxing critical and private/personal information e.g. cheques, patients’ health information, student’s academic transcripts and testamur) should be located in a secure area. This is to prevent unauthorised access to confidential and personal or private information. 4.4 Access to modify files located in a Print Device buffer or print server should be limited to reduce the risk of unauthorised access or changes to the data 4.5 Print Device logs can be useful in auditing suspicious activity and should be enabled where necessary. 4.6 Services such as File Transfer Protocol (FTP) and Telnet should be disabled where possible to reduce the risk unauthorized use of the Print Device or modification of printer settings. 4.7 Services should be provided using HTTPS rather than HTTP to reduce risk of unauthorized access to documents and Print Device logs. Networked print devices should be put on a private IP address and network access to them should be restricted via available means such as local access controls on the device, or via a network firewall. 4.8 The latest security patches should be applied to reduce the risk of unauthorized access to documents. 4.9 System management and security procedures must be regularly reviewed to ensure they capture required process improvements. 4.10 Hard disk data “encryption” and/or “overwrite” features should be turned on where available to protect data from remote access or access to the Print Devices hard drive 4.11 The latest security patches should be applied to reduce the risk of unauthorized access to documents. 4.12 System management and security procedures must be regularly reviewed to ensure they capture required process improvements. 4.13 Information and records stored on the Print Device must be appropriately managed and removed prior to disposal of the device. 4.14 Re-writeable media (EPROM, laser printer and photocopier drums, hard disk drives, etc) may be sanitised for reuse by wiping or by using a suitable degaussing tool. Sanitisation of magnetic media by erasure should be performed using specifically designed security erasure software to effectively wipe the contents of electronic storage media. It is also important to ensure that any encryption keys are removed from the media. 4.15 Write once media (printer ribbons, PROM, ROM) cannot be sanitised and should be destroyed if they contain or may have contained security classified information assets. Commonwealth Bank Support Community - Terms & conditions References to “us”, “we” or “our” are references to Commonwealth Bank ABN 48 123 123 124 Australian credit licence 234945 (”CommBank”). About the Support Community 1. The Support Community (“Support Community”) is a forum where members may, subject to these terms and conditions, discuss issues in a free and open manner and share support answers and discuss our products and services, which may be viewed by both members and non-members of Support Community. 2. While we want you to enjoy the experience of visiting Support Community, we also want you to understand these terms and conditions to which you agree when visiting. Important information 3. By accessing Support Community, you agree to the Community Guidelines and these terms and conditions. You acknowledge and agree that the legal notices, terms and policies contained on our website (together with the Community Guidelines and these terms and conditions, are referred to as “Terms”), are incorporated by reference into these terms and conditions. We may amend the Terms from time to time in accordance with clause 34 of the General Conditions of Trade, which form part of the CommBank Terms and Conditions. 4. You agree that if there is any inconsistency between these terms and conditions and the CommBank Terms and Conditions, these terms and conditions will prevail to the extent of the inconsistency. 5. When using Support Community, you must be aware of the following: a. the views expressed within Support Community are not our views. We do not vouch for the accuracy or authenticity of posts; b. posts are not professional advice and must not be treated as such, even if they are directed to you. Posts are general information only and you must carefully consider any decisions you make based on Community content. We are not responsible for any loss you may suffer as a result of relying on Support Community content; c. you acknowledge and agree that the content posted on the website has been prepared without taking into account your personal objectives, financial situation or needs; d. from time to time, CBA or CommSec staff members may participate in the Community as customers of CBA. In doing so, these CBA or CommSec staff members are acting in their personal capacity and not as an employee, adviser, representative or agent of CBA or CommSec and these CBA or CommSec staff members bear all responsibility for the content of their posts. The content of such posts is not endorsed by CBA or CommSec and do not constitute our views.  These posts are not intended to constitute financial or professional advice or financial services provided by CBA or CommSec and should not in any way be treated as such.  We do not vouch for the accuracy or authenticity of any posts by CBA or CommSec staff members acting in a personal capacity and will not be responsible for any loss you may suffer as a result of relying on any such posts. e. you are personally responsible for the content of your posts. You must not include misleading or deceptive information in your posts or use Support Community to engage in illegal or unauthorised activity. Information, including your identity, may be made available to Australian Securities and Investments Commission (“ASIC”) and ASIC or other Support Community members may take action against you. If we find or suspect that you are engaging in illegal or unacceptable conduct through Support Community, we reserve the right to remove your posts and your access to Support Community, and report such conduct to ASIC; f. if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), you consent to: i. the collection, use and disclosure of that information by CommBank for the purposes of administering the Support Community, and for the purposes set out in our Group Privacy Policy; ii. your information being shared by CommBank with other CBA Group members and with third parties for the purpose of administering the Support Community and for the purposes set out in our Group Privacy Policy; and iii. your information being sent overseas particularly where we outsource functions overseas, send information to CBA Group members overseas or where this is required by laws and regulations in Australia or in another country.          Please see our Group Privacy Policy for more information; g. if you post any personal or sensitive information, within the meaning of section 6(1) of the Privacy Act 1988 (Cth), of a third party, you acknowledge that: i. you have consent from the relevant third party to upload their personal information; and ii. you are responsible for making that third party aware of these terms and conditions and our Group Privacy Policy h. for more information about how we collect and handle personal information, including how you can access or correct your information or contact us with any feedback, please see our Group Privacy Policy available on www.commbank.com.au; i. you should be aware that other Support Community members may be based overseas, making it difficult for you to take any action against them; j. you must disclose any interest, conflict or connection you have when making a post. For example, if you own or have some other interest in a security under discussion, you must disclose this. Similarly, if you are employed by a company under discussion or receive a benefit, you must also disclose this; and k. you should always report to us any posts which you suspect are inaccurate or may mislead or deceive other Support Community members.  This includes posts which contain information that might, over time, be no longer accurate. Registration and termination 6. By registering to become a member of Support Community, you agree that we may contact you about your profile or any content you post in Support Community and for other administrative purposes related to Support Community. 7. You may terminate your Support Community registration at any time through the Profile page on the website. 8. We may terminate your Support Community registration at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your Support Community registration is terminated, these terms and conditions will remain in effect and you will remain bound by them except that your right to use the Support Community as a member will terminate. We may discontinue Support Community without notice at any time. 9. We may, in our sole discretion, at any time, close, bar or suspend your use of Support Community or access to Support Community, or revoke in whole or part, temporarily or permanently, your status as a member of Support Community and/or your access to the website without notice at any time and for any reason. 10. If your participation in Support Community is terminated or revoked, we may terminate access to all your prior postings and settings. While we will continue to honour your Support Community privacy settings, we may, but are not obliged to, delete posts and other information disclosed as of the time your participation in Support Community ended. Your postings may, at our sole discretion, remain part of and available to Support Community after the time your participation ends. We have no obligation to you or any other Support Community member to preserve any information or content you or any other member of Support Community has posted on the website for any period of time. We may at any time terminate any or all of the functionality available through the website, and may discontinue the website at any time without notice to you. Profile Creation and security 11. When you register to become an Support Community member, you will be asked to choose an alias. Your alias must not be vulgar or violate the rights of others. We may reject or modify an alias that we determine to be inappropriate for use in Support Community. 12. We do not permit the creation of multiple aliases, even where you hold multiple accounts with us. We reserve the right to remove you from Support Community if you register or use multiple aliases. 13. You agree to only log onto Support Community using your alias and shall not use the alias of any other person. 14. You shall take all necessary measures to safeguard your [password and] personal information. Personal information may include your account details, email address, Netbank numbers and credit card information. 15. You acknowledge that a third party may post information on the website using your alias. You agree not to hold us, our related bodies corporate (the “CBA Group”) or any of our officers, directors, agents or employees liable for any cost or damages arising from such postings. 16. You agree to immediately notify us of any unauthorised use of your personal information or any other breach of security. Your responsibilities when using Support Community 17. You may upload content for display on Support Community at our discretion. This may be in the form of responses to blog posts, articles or stories, participation in forums or other discussion threads, replies to questions or the suggestion of ideas. If we allow you the opportunity to upload content to Support Community, please choose carefully the information that you post. 18. You must not engage in any conduct or post any content which is or which is likely to be: a. in breach of any laws; b. in breach of the intellectual property rights or moral rights of any person or entity; c. in breach of any obligations of privacy or confidence; d. defamatory to any person; e. abusive, obscene, offensive, pornographic or indecent; f. harassing, threatening, insulting or vilifying of any person, including based on race, religion, sexual orientation, gender, age or disability; g. affected by any virus or other code that is harmful, destructive, disabling or which assists in or enables theft or alteration of data; or h. false, misleading or deceptive. 19. You must not do any of the following within Support Community: a. offer financial services of any kind; b. use Support Community for corporate promotion or advertising of any kind; c. send or otherwise post unauthorised commercial communications; d. solicit, collect or store content, information or personal information belonging to other Support Community members, or otherwise access the website, using automated means other any means which we have not intentionally made available to you through the website, without our prior written consent; e. upload or introduce any viruses or other computer-programming routines intended to damage, harm or interfere with Support Community or any system, software, hardware, telecommunications equipment, data, or personal information, or do anything that could disable or impair the proper working of the website; f. offer any contest, giveaway, or sweepstakes; g. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; h. change the topic of a thread to purposefully disrupt the flow of a conversation; i. forge headers or engage in manipulative practices designed to hide the origins or true intent of your submissions to the website, or to artificially generate traffic to another website; j. reproduce, duplicate, copy, publish, distribute, sell, resell, trade or exploit any of the content on the website without our prior written consent; k. post any content that is other people’s work and claim it as your own without acknowledging or crediting the rightful author or source; or l. facilitate, incite or encourage any breaches of these terms and conditions; or m. post content to Support Community that violates or is not in compliance with our Acceptable Use Policy. 20. If you become aware of the misuse of Support Community or its features by any person, please click on the “Contact Us” link or the “Report Inappropriate Content” link on Support Community pages and follow the directions. Our rights and expectations 21. We reserve the right, in our sole discretion, to reject, refuse to post, edit, or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of Support Community website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Support Community if we determine, in our sole discretion, that you have violated these terms and conditions or the Support Community Guidelines, pose a threat to us, our suppliers and/or other Support Community members or for any other purpose we determine in our sole discretion. 22. You acknowledge and agree that we are not responsible or liable for the deletion or failure to store any content or messages posted by you or any other person on the website. We reserve the right to modify or discontinue, temporarily or permanently, the website or Support Community at any time without notice to you. We shall not in any way be liable to you or any other person for any modification, suspension or discontinuance of the website or Support Community. 23. You acknowledge and agree that by accessing the website and participating in Support Community, you may receive material that you may consider to be offensive, indecent, obscene or otherwise discriminatory. 24. You acknowledge and agree that under no circumstances will you hold us, or any of our subsidiaries, related bodies corporate or respective officers, directors, agents, shareholders and employees liable for any content posted on the website or for any loss or damage of any kind incurred as a result of your use of the website, participation in Support Community or reliance on any of the Information or content. 25. You agree not to access Support Community by any means other than through the interfaces that are provided or approved in writing by us. Proprietary rights 26. We do not claim ownership of any content you post in Support Community. You continue to retain any rights that you may have in your content, subject to the license below. 27. By displaying, publishing or uploading any content in Support Community or otherwise submitting or posting content to us, you grant us an irrevocable, perpetual, worldwide, royalty-free and non-exclusive license (including the right to sub-license that content to any person or entity) to use, modify, delete, add, store, create derivative works of, publicly perform, publicly display, reproduce and distribute the content in or through Support Community for any reason (including advertising and promoting Support Community and/or our products). 28. You represent and warrant that: a. you own the content you post or otherwise have the right to grant the licenses above; and b. you have not infringed the intellectual property or privacy rights of any person or entity. 29. Support Community website contains content provided by us (including third party content posted or displayed by us). We and/or the third parties we have engaged own and retain all rights in that content. Disclaimers 31. We are not responsible for, and make no warranties, express or implied, as to any content in the Community, other than as to posts made by our staff members who are authorised to do so on our behalf and who are identified as “Commonwealth Bank Staff” by depiction of the CBA logo in such posts (Official Posts). You acknowledge and agree that, other than the Official Posts, the content in the Community does not reflect our opinions or policies. 32. Profiles created and comments posted by Community members may contain links to other websites. We are not responsible for the content or accuracy of these websites. Nor are we responsible for any third party advertisements or applications made available to you via the website or by other Community members. When you access these third party sites, you do so at your own risk.  33. We are not responsible for the conduct, whether online or offline, of any member of Support Community. You should do your own research and think carefully before acting on any information contained in Support Community or any linked website. If you have any concerns, you should seek your own financial, legal or taxation advice. 34. Support Community is provided “as-is” and as available. We do not warrant that features and functions of the website will be available uninterrupted or error free, that defects will be corrected in timely fashion or at all, or that the website will be free of viruses or bugs. You acknowledge that all information you share or post in Support Community, becomes part of Support Community. You agree to take this into account when considering the alias and any picture you use to represent yourself in Support Community or posting personal or non-public information in Support Community. 35. You understand that individuals who are not our customers who are also not members of Support Community may view the information disclosed or posted by you in Support Community or on the website. This means that certain “My Community Profile” settings may result in the information posted in Support Community or on the website being available to non-members of Support Community. 36. You acknowledge and agree that Support Community and content that you post or transmit through Support Community may be hosted on a server in another jurisdiction which may include the USA, the Netherlands or Singapore. Liability and Indemnification 28. Our liability under these terms and conditions is subject to any applicable contrary provisions in the Australian Securities and Investment Commission Act 2001 (Cth) and Competition and Consumer Act 2010 (Cth). 37. To the extent permitted by law, in no event shall we be liable for any damage, claim or loss incurred by you in connection with or arising from your use of Support Community, including without limitation compensatory, incidental, direct, indirect, special, consequential or exemplary damages, irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims. If the warranty exclusions or limitations of liability set forth in these terms and conditions are for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed one hundred Australian dollars (A$100). 38. You acknowledge and agree that your participation in Support Community and use of the website and content is at your own risk and that you shall not have access to any of the approved dispute resolution schemes to recover any loss or damage you may suffer as a result of your reliance on any of the content posted on the website. 39. You understand that these terms and conditions are based on and governed by Australian law. If you choose to access the website outside of Australia, you are also responsible for complying with all relevant local laws. 40. A number of features of Support Community may be offered or processed through a third party service provider, which is not associated or affiliated with us, or any of our related bodies corporate. Unless otherwise noted, all authority granted to us, or limitations of liability to us, shall include our related bodies corporate, agents and representatives and any service provider. We, a member of the CBA Group, our agents or related bodies corporate acting on our behalf are authorised to provide the services contemplated by these terms and conditions. 41. You agree to indemnify and hold us, the CBA Group and our respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable legal fees, due or relating to or arising out of your use of Support Community in violation of these terms and conditions and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth in these terms and conditions and/or arising out of or relating to any content that you post. Oztix Privacy Statement, Privacy Policy And Collection Notification Statement In this privacy policy, the expressions "Merchant", "we", "us" and "our" are a reference to Ticket Solutions Pty Ltd (ABN 94 106 907 206) trading as Oztix and its Related Bodies Corporate (as defined by s9 of the Corporations Act 2001 (Cth)). This privacy policy applies to personal information collected by us. We are bound by the Privacy Act 1988 (Cth), which governs the way private sector organisations collect, use, keep secure and disclose personal information. This Privacy Policy is to inform people of: how and when the Merchant collects personal information; how the Merchant uses and discloses personal information; how the Merchant keeps personal information secure, accurate and up-to-date; how an individual can access and correct their personal information; and how the Merchant will facilitate or resolve a privacy complaint. If you have any concerns or complaints about the manner in which your personal information has been collected, used or disclosed by us, we have put in place an effective mechanism and procedure for you to contact us so that we can attempt to resolve the issue or complaint. Please see paragraph 10 for further details. We can be e-mailed care of info@oztix.com.au or write to us at PO Box 476, Annerley, Qld, 4103 and our privacy officer will then attempt to resolve the issue. As the Merchant, we will allow you to correspond or speak with us anonymously, if and when it is lawful and practicable to do so. For example, if you wish to make an enquiry as the price of tickets for an event, we do not need your personal information. We recommend that you keep this information for future reference. 1. What is personal information? The Privacy Act 1988 (Cth) defines "personal information" to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is reasonably identifiable, from the information or opinion. 2. Sensitive Information 2.1 What is Sensitive Information? (a) Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. (b) In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent. (c) The type of sensitive information we may collect from you or record about you is dependent on the services provided to you by us and will be limited to the purpose(s) for which it is collected. We do not use sensitive information to send you Direct Marketing Communications (as defined in paragraph 6 below) without your express consent. 2.2 Consent to collection of certain types of sensitive information If you are an employee or potential employee of the Merchant, we may collect certain types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information, but the main type of sensitive information that we may collect (if any) will usually relate to: (a) the criminal record of an individual; and (b) the health or medical information about an individual, but only to the extent that where you volunteer such information or if it is necessary for, or incidental to, the purposes of collection set out in paragraph 4. 3. Collection of your personal information 3.1 We only collect personal information that is necessary for what we do and we hold the personal information we collect within our own data storage devices or with a third party provider of data storage. The type of information we may collect from you includes depends ultimately upon the purpose of collection and we set out the general purposes of collection at paragraph 4 below. 3.2 The type of information we may collect from you includes (but is not limited to) the following: (a) your contact information such as full name (first and last), e-mail address, current postal address, delivery address (if different to postal address) and phone numbers; (b) if applicable, details relating to your employment or your previous employment, which shall include, but is not limited to, obtaining your tax file number and superannuation details; (c) your music and entertainment preferences; (d) if applicable, emergency contact details; (e) your date of birth; (f) if applicable, proof of your date of birth (including, but not limited to, driver’s licence, passport, birth certificate); (g) any additional information required to provide you with our services; (h) if applicable, your username and password to access your online account on our website; (i) your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by the Merchant; and (j) if you are requesting products or services from us or we are purchasing goods or services from you, then any relevant payment or billing information (including but not limited to bank account details, direct debit, credit card details, billing address, repayment information and invoice details. However, we do not store your entire credit card number on our system, as this is held by our financial institution and our payment gateway provider.). 3.3 As much as possible or unless provided otherwise under this privacy policy, we will collect your information directly from you. If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why. 3.4 When you engage in certain activities, such as entering a contest or promotion, filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities. 3.5 Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory data or any other information we require in order for us to provide our services to you, we may be unable to effectively provide our services to you. 3.6 If you use our website, we may utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit our website. A cookie does not identify you personally but may identify your internet service provider or computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. 3.7 We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally. 3.8 For your convenience, we provide links on our website to third party websites. We are not responsible for the privacy policies or content of the services linked offered by these websites linked to our website and they are not under our control. You should review the privacy policy of any linked website before providing personal information to it. We do not endorse any products or services which are available on the linked websites. 4. How we may use and disclose your personal information 4.1 We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to and/or as set out below. 4.2 You consent to us using and disclosing your personal information to facilitate a purpose in connection with: (a) if required, the verification of your identity; (b) the verification of your date of birth, if applicable; (c) the provision of our products and services to you, which shall include but is not limited to: 1. the administration and management of our products and services, including processing of any application forms or orders for tickets for events, charging, billing, facilitating refunds, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), fraud and collecting debts; and 2. to offer you updates, discounts, or other content or products and services that may be of interest to you; (d) co-ordinating and managing the attendance list for events, which may include the provision of your personal information to venues, promoters and bands; (e) to facilitate the administration and management of the Merchant, including but not limited to: 1. the use of your personal information collected in accordance with paragraph 3.1 in the administration and management of the Merchant ; and 2. the management of your online account; (f) if applicable, co-ordinating, managing and maintaining good order and security at events, which shall include but is not limited to protecting the rights and safety of other parties on event and venue premises; (g) if applicable, investigating and reporting information to third parties regarding any accidents or incidents that may have occurred at events or venues; (h) the improvement of our services (including to contact you about those improvements and asking you to participate in surveys about our products and services); (i) the maintenance and development of our products and services, business systems and infrastructure; (j) marketing and promotional activities by us, our related bodies and industry partners (including by direct mail, telemarketing, email, SMS and MMS messages) including but not limited to our eNews Flash, eNewsletter, Merchant Special Offers and Third Party Special Offer subscriptions; (k) to provide customer service functions, including handling customer enquiries and complaints; (l) to offer you updates, or other content or products and services that may be of interest to you; (m) our compliance with applicable laws; (n) the sale, and matters in connection with a potential sale, of our business or company to a third party; and (o) any other matters reasonably necessary to continue to provide our products and services to you. 4.3 We may also use or disclose your personal information and in doing so we are not required to seek your additional consent: (a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose; (b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety; (c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or (d) if it is required or authorised by law. 4.4 In the event we propose to use or disclose such personal information other than for reasons in 4.1, 4.2, and 4.3 above, we will first seek your consent prior to such disclosure or use. 4.5 If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact via the details set out at the top of this document and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information will only be as required by law or as permitted by the Privacy Act 1988 or by this privacy policy or otherwise with your consent. 5. The types of organisations to which we may disclose your personal information 5.1 We may disclose your personal information to organisations outside of the Merchant. Examples of organisations and/or parties that your personal information may be provided to include: (a) venues at which events are held; (b) venue and event promoters or organisers; (c) bands or other acts that are performing or have performed at venues or events; (d) industry partners; (e) offshore service providers, if any; (f) related entities and subsidiaries of the Merchant; (g) third parties, such as financial institutions (banks) and our payment gateway provider; and (h) our contractors and agents, including but not limited to our IT service providers, or other companies who assist us in providing our products and services to you. 5.2 Your personal information is disclosed to these organisations and/or parties only in relation to the goods or services we provide to you or for a purpose permitted by this privacy policy. 5.3 We take such steps as are reasonable to ensure that these organisations and/or parties are aware of the provisions of this privacy policy in relation to your personal information. 6. Direct Marketing 6.1 You expressly consent to us using your personal information, including any email address you give to us, to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) (Direct Marketing Communications) which we consider may be of interest to you. 6.2 Without limitation clause 6.1, if it is within your reasonable expectations that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information for the purpose of sending you Direct Marketing Communications which we consider may be of interest to you. 6.3 You expressly consent to us disclosing your personal information to venue and event promoters and organisers who may also use your personal information to send you Direct Marketing Communications. 6.4 If at any time you do not wish to receive any further Direct Marketing Communications from us, or others under paragraph 6.3, you may ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this at any time by using the "unsubscribe" facility included in the email, managing your subscriptions via your the Merchant account or by contacting us via the details set out at the top of this document. 7. Cross Border Disclosure 7.1 Any personal information provided to the Merchant may be transferred to, and stored at, a destination outside Australia, including but not limited to the New Zealand, where we also operate a ticketing company. Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies. 7.2 By submitting your personal information to the Merchant, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy. 7.3 The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy. 7.4 If you do not agree to the transfer of your personal information outside Australia, please contact us by via the details set out at the top of this document. 8. Data quality and security 8.1 We have taken steps to help ensure your personal information is safe. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where the Internet is involved. 8.2 Notwithstanding the above, we will take reasonable steps to:- (a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date; (b) protect your personal information from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods; and (c) destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection. 8.3 However, the accuracy of personal information depends largely on the information you provide to us, so we recommend that you: (a) let us know if there are any errors in your personal information; and (b) keep us up-to-date with changes to your personal information (such as your name or address). 9. Access to and correction of your personal information 9.1 You are entitled to have access to any personal information relating to you which we possess, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading. 9.2 If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document. 10. Resolving Privacy Complaints 10.1 We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision. 10.2 If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us by: Email care of: info@oztix.com.au Post care of: PO Box 476, Annerley, Qld 4103 10.3 Please mark your correspondence to the attention of the Privacy Officer. 10.4 In order to resolve a complaint, we: (a) will liaise with you to identify and define the nature and cause of the complaint; (b) may request that you provide the details of the complaint in writing; (c) will keep you informed of the likely time within which we will respond to your complaint; and (d) will inform you of the legislative basis (if any) of our decision in resolving such complaint 10.5 We will keep a record of the complaint and any action taken in a Register of Complaints. 11. Consent 11.1 By using our website or by accepting the terms of one of our terms and conditions which refer to this privacy policy, you are agreeing to the terms of this privacy policy. 11.2 We reserve the right to modify our privacy policy as our business needs require. We will notify you of such changes (whether by direct communication or by posting a notice on our website), after which, your continued use of our products, services or website or your continued dealings with us shall be deemed to be your agreement to the modified terms. If you do not agree to our continued use of your personal information due to the changes in our privacy policy, please contact us via the details set out at the top of this document. Collection Notification Statement - Online Ticket Purchases Collection Notification Statement under the Privacy Act 1988 (Cth) Ticket Solutions Pty Ltd (ABN 94 106 907 206) trading as The Merchant (herein referred to as "the Merchant, our, us, we") is committed to protecting the privacy of individuals and their personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act). Please read this carefully as it will have important consequences for you in relation to the collection, use and disclosure of your personal information you provide to Merchant. You understand that: 1. The Merchant is the party who is collecting your personal information and we can be contacted care of info@oztix.com.au or alternatively you can write to us at PO Box 476, Annerley, Qld, 4103. 2. The Merchant will collect your personal information directly from you. In certain circumstances, the Merchant may require to collect personal information from your financial institution in order to process the purchase you are making with us. 3. The purpose of the Merchant collecting your personal information is: (a) to process your application for a ticket purchase, which will include but will not be limited to: 1. verifying your identification; and 2. processing payment for the ticket purchase; (b) to offer you updates, discounts, or other content or products and services that may be of interest to you; and (c) to provide you with direct marketing communications from us or our related bodies and industry partners (using direct mail, telemarketing, email, SMS and MMS messages) including but not limited to our eNews Flash, eNewsletter, Special Offers and Third Party Special Offer subscriptions, and you acknowledge and agree to your personal information being collected and used for, and in connection with, these purposes. 4. If we do not collect this personal information in connection with the purposes in paragraph 3, then: (a) we will be unable to process your payment for the ticket purchase; and (b) we will be unable to send you direct marketing communications (unless you have consented to such communications through your other dealings with The Merchant). 5. Your personal information being disclosed to the following classes of people and organisations in connection with the purposes in paragraph 3: (a) The Merchant and its personnel; (b) your financial institution and in some circumstances, our financial institution; (c) our related partners for direct marketing purposes; (d) our third party payment gateway service provider; and (e) the venue, event promoter or presenter or organiser, or band for which you are purchasing the ticket. 6. It is possible that some of the information collected via this application may be disclosed to The Merchant's related body corporate outside of Australia. You consent to your information being disclosed to a destination outside Australia for this purpose, including but not limited to New Zealand and you understand and acknowledge that Australian Privacy Principle 8.1 will not apply to such disclosures of your personal information. 7. The Merchant's Privacy Policy sets out the process as to how you can access and correct any of your personal information collected under this form as well as to how you can make a complaint if The Merchant has breached the Privacy Act in the handling of your personal information. The Merchant's Privacy Policy is available here or can be otherwise provided by requesting a copy from The Merchant. By continuing with your purchase of tickets to an event, performance or venue via this website, indicates that you have read this collection notification and acknowledge that your personal information will be collected, used and disclosed in accordance with this collection notice and as otherwise detailed in The Merchant's Privacy Policy and, to the extent it is necessary, that you give your voluntary express consent to The Merchant collecting, using, storing, disclosing and disposing of your personal information in this manner. Additional Terms Specific to your Order Oztix / Ticket Solutions - Terms and Conditions of Sale Who you are buying from 1. This web site and the web site oztix.com.au (the "Oztix Website") are owned and operated by Ticket Solutions Pty Ltd (ACN 106907206) t/as Oztix of PO Box 476, Annerley, 4103, Queensland, Australia ( 'We', 'Our' or 'Us'). We operate the ticketing services offered via this website as the authorised agent of event organisers, such as artists, venues or event promoters ('Presenter') and any tickets purchased from this website are purchased from Us as the agent of the Presenter.  Any dispute you have relating to an event or ticket purchase is between you and the Presenter.  2. As agent for the Presenter, We are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions. What you are agreeing to 1. By visiting, using or purchasing any tickets via this website you agree to be bound by these Terms and Conditions and Our Privacy Policy. 2. Every ticket sold through Oztix is also subject to: 3. the Presenter’s term and conditions (please see the Presenter’s website); 4. any terms and conditions of the venue at which event is held (please see the venue’s website); and 5. any terms and conditions that may be printed on the ticket. 6. The Presenter reserves the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity. Use of the Oztix Website 1. Use of this site is restricted to personal use and reference only. Conditions of Sale 1. All Prices quoted are in Australian Dollars and include local taxes (GST). 2. Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event. 3. Both Oztix and the Presenter reserve the right not to sell tickets to any person, agent or company. 4. Tickets will be delivered to you by the method you select during the booking process. If tickets are sent using Registered Post or a Courier service they will only be sent to addresses where the purchaser can sign for delivery. Mail delivery option will cease to be offered 7~10 days before the event. 5. Tickets may not, without the prior consent of the Presenter, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder. 6. Notwithstanding these terms and conditions, if You use a “disposable” or “temporary” credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt. 7. Note: your Credit Card statement will itemise a purchase as a charge from "Ticket Solutions Oztix Indooroopilly". Refunds and exchanges 1. Oztix act as agent for the Presenter, and as such, we can only refund tickets in accordance with the Presenter’s terms and conditions, and to the extent permitted by law, Oztix has no liability to you.  2. We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances.  We reserve the right to charge you a reasonable fee for the replacement of tickets.   Please treat your tickets like cash, as we cannot replace lost tickets. 3. The Presenter reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you.  Your entitlement to a refund in such circumstances is determined by the Presenter.  Please contact Oztix directly in order to determine your eligibility for a refund. 4. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue. 5. If the Presenter authorises a Refund, We will refund to you the ticket price.  Booking fees, delivery, postage fees and any Processing Surcharge may be refunded, depending on the reason for the refund. 6. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction. 7. Oztix will post any relevant information regarding any cancelled or rescheduled events in the news section of www.oztix.com.au, when applicable. It is your responsibility to check our website for information in relation to any events. No Show / Failure to collect tickets / Delivery fulfilment 1. We fulfil Our commitment to you for the sale of tickets by either mailing or emailing the ticket to you, or by making the ticket available at the door or Box Office for you to collect.  2. If you have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, please contact Oztix.  Pay Over Time Payment Option 1. In some circumstances you may be able to pay for your ticket over time, in instalments.  If both parties agree to this payment option, You agree that We can charge your credit card a deposit, a booking fee (if any) and the number of specified instalments prior to sending you a confirmed ticket. 2. You agree that you only have a reservation for a ticket and are not entitled to a ticket to the relevant event until full payment of the ticket and associated fees is made. 3. If your credit card details change prior to your payment of any instalment, you agree to contact Us to update your credit card details. 4. You agree that if, for any reason, We are not able to process any of the instalments on their due date, your reservation for the ticket will be cancelled and your deposit and any booking fee paid forfeited by you. 5. We agree to repay any instalment (other than the deposit and any booking fee) you have paid to Us to the credit card you specified at the time of selecting the pay over time option, provided that credit card remains valid. Changes to Terms and Conditions 1. The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, we or the Presenter may alter or change the terms and conditions as they appear on our website from time to time effective immediately from posting on the web site. 2. You should periodically check this page of the Oztix web site and the Presenters web site to ensure that you are aware of the latest terms and conditions. What happens if you have an inquiry or complaint? 1. For inquiries or complaints regarding the sale and delivery of tickets please contact us by email at info@oztix.com.au or telephone 1300 762 545.   2. For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management. 3. For inquiries or complaints regarding the artist's performance, sound or lighting or production quality, please contact the Presenter. Data Security 1. When We process your order We collect your credit card and personal information in accordance with Our Terms and Conditions, our Privacy Policy and our Privacy Collection Notice.  2. If you are concerned about using your credit card online please contact us for assistance. 3. If you deny or dispute a charge on your credit card made by us, please contact us immediately.  We consider credit card fraud to be a serious offence and we aim to prosecute each case to the fullest extent possible. Copyright and Trademark 1. The images, text, logos and artwork contained within this site are copyright to Oztix and/or the relevant licensors.  All rights are reserved.  Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Oztix logo is a registered trademark. Disclaimer and liability 1. You accept that the Internet is not always a reliable and that system outages may occur.   2. Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, We will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage. Choice of Law 1. These Terms and Conditions shall be governed by the laws of the State of Queensland, Australia but legal proceedings may be commenced in any Australian State or Territory. Australian Consumer Law 1. Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Australian Electoral Commission Privacy Policy 1. Overview This policy applies to personal information collected by the Australian Electoral Commission (the ‘AEC’). The purpose of the policy is to: clearly communicate the personal information handling practices of the AEC enhance the transparency of AEC operations, and  provide individuals with a better and more complete understanding of the sort of personal information the AEC holds, and the way the AEC handles that information. The AEC is bound by the provisions of the Privacy Act 1988, (Privacy Act) including the Australian Privacy Principles (APPs).  The APPs set out standards, rights and obligations for how we handle and maintain personal information. This includes how we collect, store, use, disclose, quality assure and secure personal information, as well as your rights to access or correct your personal information. 1.1 The Australian Electoral Commission The AEC is established under the Commonwealth Electoral Act 1918 (Electoral Act) comprising a Chairperson, the Electoral Commissioner and one other member. The AEC is an entity for the purposes of the Privacy Act. The Electoral Commissioner and the Australian Public Service employees who assist the Commissioner together constitute a Statutory Agency and the Electoral Commissioner is the principal executive of the agency. The AEC has seven core business functions: managing the Commonwealth electoral Roll, conducting elections, referendums, including industrial and fee-for-service elections and protected action ballots, educating and informing the community about electoral rights and responsibilities, providing research, advice and assistance on electoral matters to the Parliament, other government agencies and recognised bodies, providing assistance in overseas elections and referendums in support of wider government initiatives, administering election funding, financial disclosure and party registration requirements, and supporting electoral redistributions. 1.2 Anonymity and pseudonymity In general, you have the right to interact anonymously or pseudonymously with the AEC. There are circumstances, however, where it is impractical for us to deal with individuals without knowing the identity of the individuals.  This is particularly the case when interacting with the AEC in the performance of our statutory functions relating to the enrolment of electors and the conduct of elections.  As these matters involve the exercise of individual rights and obligations, the AEC will require evidence of identity to enable the administration of those statutory functions to take place. If you are seeking information of a general nature from the AEC, it is unlikely that you will be required to provide your real identity for that purpose. In general, you will not be disadvantaged by dealing anonymously or pseudonymously with us. However, without knowing your real identity, the type of information we are able to provide to you may be limited. The Electoral Act prohibits the disclosure of information about one person to another person except in limited, specified circumstances. Those circumstances do not include requests by third parties for access to personal information held by the AEC, including requests by authorised representatives of an individual unless there is a specific authorisation that refers to the particular information in the possession of the AEC. Before disclosing your confidential or personal information to you, the AEC will need to establish your identity.This is for the purpose of protecting you against the unauthorised disclosure of personal information that is in the possession of the AEC. Similarly, if you are seeking information about specific circumstances, we may be unable provide information without knowing the specific details of your request (which may require that you disclose your identity to us). If you wish to deal anonymously or pseudonymously with the AEC, please advise us as early as possible. 2. Personal information handling practices 2.1 Collection of personal information 2.1.1 Means of collection In carrying out its functions and activities, the AEC usually collects personal information about individuals directly from those individuals or their authorised representative(s). In certain circumstances we may also obtain personal information from third parties including that which is collected by other Australian, state and territory government bodies or organisations. We only collect personal information from a third party or from a publicly available source, if: the individual has consented to such collection or would reasonably expect the AEC to collect his or her personal information in this way, or it is collected only when it is necessary for, or directly related to AEC functions or activities under the the Electoral Act and the Referendum (Machinery Provisions) Act 1984 (the ‘Referendum Act’) and subordinate laws made under those Acts (collectively referred to as ‘Electoral Legislation’) . We collect this personal information in a variety of ways, including paper-based forms, by electronic means including online (through our website, as well as email), over the telephone and by fax. 2.1.2 Kinds of personal information collected The AEC only collects personal information where that information is reasonably necessary for, or directly related to, one or more of our functions or activities. The AEC maintains an impartial and independent electoral system for eligible voters through active electoral Roll management, efficient delivery of polling services and targeted education and public awareness programs. The personal information we collect and hold will vary depending on what we require to perform our functions and responsibilities. It may include: information about your identity (such as date of birth, country of birth, passport details, visa details, photographs and drivers licence) name, address and contact details (such as telephone, email and facsimile) information about your personal circumstances (such as age, gender, marital status and occupation) information about your financial affairs (such as payment details, bank account details, and information about business and financial interests) information about your employment (such as applications for employment, work history, referee comments and remuneration) government identifiers the management of contracts correspondence from members of the public or organisations to the AEC, the Special Minister of State and other Australian Government ministers and parliamentary secretaries, including submissions to consultations complaints (including complaints relating to privacy) and feedback provided to us requests made to us under the Freedom of Information Act 1982 (FOI Act) legal advice provided by internal and external lawyers employment and personnel matters for our staff and contractors. The APPs place more stringent obligation on entities when they handle ‘sensitive information’1. Generally, we will only collect sensitive information if you consent and it is reasonably necessary for, or directly related to, one or more of our functions or activities. Sometimes we may collect or deal with sensitive personal information without your consent, such as when it is required or authorised by a law, or court or tribunal order. This includes express statutory provisions, as well as the more general application of the common law and the exercise of the Executive authority of the Australian Government. The range of sensitive personal information we may collect and hold, includes: racial or ethnic origin health (including information about medical history and any disability or injury) criminal activities, and biometrics. 2.2 Use and disclosure of personal information The AEC collects and holds personal information for the purpose of carrying out its functions and activities. In some cases, the AEC may use or disclose personal information for a purpose other than that for which it was collected, but we will not give your personal information to other government agencies, private sector organisations, or anyone else unless you consent or one of the following exceptions applies: you would reasonably expect us to use the information for that other purpose it is legally required or authorised, such as by an Australian law, or court or tribunal order. This includes express statutory provisions, as well as the more general application of the common law and the exercise of the Executive authority of an Australian government we reasonably believe that it is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and we reasonably believe that it is necessary in order for us to take appropriate action in relation to the matter. The Electoral Act prohibits the disclosure of information about one person to another person except in limited, specified circumstances. The Electoral Act provides for public inspection of the Commonwealth electoral Roll. The Electoral Act also provides for lawful disclosure of electoral Roll information to a range of organisations but it also precludes any further use or disclosure of that personal information for other than a permitted purpose. Access to personal information by third parties including requests by authorised representatives of an individual is only permitted when there is a specific authorisation that refers to the particular information in the possession of the AEC. There is nothing in the Electoral Act that authorises the recipient of a power of attorney to do anything that an elector is required to do merely by virtue of holding that power of attorney. Accordingly the AEC will not disclose personal information in the absence of a specific authorisation even where a power of attorney has been given. 2.2.1 Disclosure of personal information to overseas recipients Most personal information collected and held by the AEC will not be disclosed to anyone who is overseas. We may need to provide your personal information to an overseas recipient as part of our work. The Electoral Act enables certain electors residing outside Australia to be included on the electoral Roll. Information may be provided to an AEC service provider who delivers services for the AEC to overseas electors. If we are unable to seek your consent to provide your personal information to an overseas recipient, or it is impractical to do so, we will only provide your personal information to an overseas recipient if we are allowed to do so under the Privacy Act. 2.3 Access and correction You have a right to access personal information we hold about you.  That right of access must be exercised by you as an individual and not your nominated representative unless you have given a specific authorisation that refers to the particular information in the possession of the AEC. A power of attorney will not suffice as the authorisation. You also have a right under the Privacy Act to request corrections to any personal information that we hold about you if you think the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. If you wish to request access or correction, please contact the AEC's Privacy Contact Officer. Before providing access to or correcting personal information about you, we will require you to verify your identity. It is also possible to access and correct documents held by us under the FOI Act. In some circumstances we will suggest that you make your request under the FOI Act. This is because: an FOI access request can relate to any document in our possession and is not limited to personal information the FOI Act contains a consultation process for dealing with requests for documents that contain personal or business information about another person you can complain to the Australian Information Commissioner about what we do under the FOI Act if you are refused access under the FOI Act you have a right to apply for internal review or Information Commissioner review of the access refusal decision. Find out more information about how to make a request under the FOI Act on the Freedom of Information page. 2.3.1 Refusal to give access or to correct information The Privacy Act and the FOI Act sets out circumstances in which we can decline access to or correction of personal information. This includes situations where we are authorised or required to refuse access. Generally, where we refuse to give you access, we will give you written notice of the reasons for refusal and the mechanisms available to you to dispute that decision. 2.4 Integrity of personal information The Privacy Act requires us to take reasonable steps to ensure that the personal information we hold is safe and secure. We are also required to take reasonable steps to ensure that the personal information that we collect is accurate, up-to-date, and complete. This may include correcting your personal information where it is appropriate to do so. 2.4.1 Security of personal information We aim to protect your personal information from loss, unauthorised access, use, modification or disclosure, and against other misuse.  Among other things, we safeguard our Information and communications technology (ICT) systems against unauthorised access, and ensure that paper-based files are secured. We also ensure that access to your personal information within our systems is only available to those people who need to have access in order to do electoral work. If a data breach occurs, such as if personal information that we hold is subject to unauthorised loss, use or disclosure, we will respond in line with the Office of the Australian Information Commissioner’s Data breach notification —A guide to handling personal information security breaches. We will aim to provide timely advice to you to ensure you are able to manage any loss—financial or otherwise—that could result from the breach. 2.4.2 Retention and destruction of records AEC records, including records containing personal information, and electoral documents are created, kept and destroyed in accordance with the Archives Act 1983 (Archives Act) and the preservation and destruction provisions in the Electoral Act. When the personal information that we collect: is no longer required, and there is no law, or court or tribunal order requiring it to be maintained, or becomes subject to the destruction requirements in the Electoral Act we delete or destroy it in a secure manner. 2.4.3 Complaints If you believe the AEC has breached any of the APPs, you may submit a complaint to the AEC. Complaints must be made in writing to the Privacy Contact Officer at the email or postal address listed in this policy. You may submit a complaint anonymously. However, in order to properly consider and respond to your request, the AEC may require further information from you. Therefore, please include your contact details if you submit a complaint. The AEC will respond to complaints within 30 days of receipt. If you are dissatisfied with the AEC's response to a complaint, you may complain to the OAIC. The OAIC is an independent external body. Our contact details are set out in Section 4 below. 3. The AEC website: protecting your privacy online The AEC is committed to protecting privacy online in accordance with the Guidelines for Federal and ACT Government Websites issued by the Office of the Australian Information Commissioner. 3.1 Personal information submitted to the AEC electronically Where the AEC collects personal information submitted directly by a user, those electronic records are stored securely in databases managed on behalf of the AEC by its ICT providers and in accordance with the AEC's ICT security policies and practices. Where personal information is held in electronic files, access to it is restricted to AEC employees whose duties require access to the information. 3.2 Personal Information collected and held The AEC automatically collects generic information about all visitors to its online resources. That information is very limited and only used to: identify generic online resource usage patterns improve our services, and manage the AEC's servers, including maintaining security. When visiting the AEC website the site server makes a record of the visit and logs the following information: the user’s server's IP (Internet Protocol) address, a number which is unique to the machine through which the user is connected to the internet the user's server address – this allows us to consider the visitors who use the site most, and tailor the site to their interests and needs the user's operating system (for example Windows, Mac etc.) – this allows us to tailor browser or platform specific parts of the site to each operating system because browsers act differently on each platform the user's top level domain name (for example .com, .gov, .au etc.) – this can allow us to tailor information relevant to different domains the date and time of the visit to the site – this is important for identifying the website's busy times and ensuring maintenance on the site is conducted outside these periods pages accessed and documents downloaded – this indicates to us which pages or documents are most important to our users and also helps identify important information that may be difficult to find duration of the visit – this indicates to us how interesting and informative our site is to our users geographic location – this shows us how well marketed our site is the address of the referring site, such as the previous site that you visited before the AEC website – this helps us determine which sites are providing links to ours as well as sites where we may be able to seek links the type of browser used – this is important for browser specific coding, for example JavaScript. This information is used only for statistical analysis and systems administration purposes. No attempt is made to identify users or their browsing activities, except in the unlikely event of an investigation by a law enforcement agency. 3.3 ‘Cookies’ A ‘cookie’ is an electronic token that is passed to your browser which passes it back to the server whenever a page is sent to you. The AEC website uses a cookie to maintain contact through a session. The cookie allows the website to recognise you as a unique user as you move from one page of the website to another. The cookie will expire when the browser session is closed or the computer is shut down. No attempt will be made to identify anonymous users or their browsing activities unless legally compelled to do so, such as in the event of an investigation. 3.4 Google Analytics In addition to web server logs, the AEC website uses Google Analytics, a web analytics service provided by Google Inc. Reports obtained from Google Analytics are used to help improve the efficiency and usability of this web site. Google Analytics uses 'cookies' to help analyse how users use this site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using the AEC’s website, you consent to Google processing data about you in the manner and for the purposes set out above. Please refer to Google's Privacy Policy. 3.5 Searches Search terms you enter when using the AEC search engine are collected, but are not associated with any other information that we collect. We use these search terms to ascertain what people are looking for on our site and to improve the services that we provide. 3.6 Interaction between this site and other sites The AEC website contains links to other sites. The AEC is not responsible for the privacy practices or the content of such websites and has no knowledge if cookies or other tracking devices are used on linked websites. These other sites may use web measurement tools, customisation technologies and persistent cookies to inform the service they provide to their users. You should read the privacy statement published on each website that you visit. 3.7 Your email address The AEC will only record your email address in the event that you send a message by email, you register requesting notifications, you provide your email address when completing a claim for enrolment, or your email address is provided by a third party. Registration for notifications may be made initially by email, postal mail or facsimile. Your email address will only be used for the purpose for which you have provided it and will not be added to any mailing lists without your consent by way of a specific request in writing. The AEC will not use or disclose your email address for any other purpose, without your prior written consent. If you are listed on one or more of our media or subscriber email lists you can opt out at any time. You can unsubscribe online or by using the ‘unsubscribe’ option noted in our subscriber emails . 3.8 Security of information The AEC provides a secure environment with data usually secured in transit between your computer and our servers through the use of encryption technology (SSL/TLS Certificates). The AEC has a reliable system with data stored securely in databases managed on behalf of the AEC by its ICT providers and in accordance with the AEC's ICT security policies and practices. While every effort is made to secure information transmitted to the AEC  website over the internet, there may be inherent risks associated with the transmission of information via the Internet and there is therefore a possibility that this information could be accessed by a third party while in transit. For those who do not wish to use the Internet, the AEC provides alternative ways of obtaining and providing information. 4. How to contact the AEC If you wish to contact the AEC about a privacy-related matter, including questions about this policy, please contact the AEC's Privacy Contact Officer. Email: info@aec.gov.au Post: The Privacy Officer Australian Electoral Commission, Locked Bag 4007 Canberra ACT 2601 Australia. Telephone: 02 6271 4411 Assisted contact options are also available. You can also obtain further information from the Office of the Australian Information Commissioner website, or by telephone on 1300 363 992. 5. Glossary iOS Terms and Conditions ENGLISH IMPORTANT: BY USING YOUR iPHONE, iPAD OR iPOD TOUCH (“iOS DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS: A.     APPLE iOS SOFTWARE LICENSE AGREEMENT B.     APPLE PAY SUPPLEMENTAL TERMS C.     NOTICES FROM APPLE APPLE INC.  iOS SOFTWARE LICENSE AGREEMENT Single Use License PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR iOS DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR iOS DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE iOS DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.  IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. 1. General.  (a) The software (including Boot ROM code, embedded software and third party software), documentation, interfaces, content, fonts and any data that came with your iOS Device (“Original iOS Software”), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple (“iOS Software Updates”), whether in read only memory, on any other media or in any other form (the Original iOS Software and iOS Software Updates are collectively referred to as the “iOS Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded app that may be pre-installed on your iOS Device, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app. (b) Apple, at its discretion, may make available future iOS Software Updates for your iOS Device. The iOS Software Updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of iOS Devices.  The terms of this License will govern any iOS Software Updates provided by Apple that replace and/or supplement the Original iOS Software product, unless such iOS Software Update is accompanied by a separate license in which case the terms of that license will govern. 2. Permitted License Uses and Restrictions.   (a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iOS Software on a single Apple-branded iOS Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and Apple, this License does not allow the iOS Software to exist on more than one Apple-branded iOS Device at a time, and you may not distribute or make the iOS Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with iOS Devices. Some of those rights are available under separate licenses from Apple. For more information on developing third party devices and accessories for iOS Devices, please visit https://developer.apple.com/programs/mfi/. For more information on developing software applications for iOS Devices, please visit https://developer.apple.com. (b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download iOS Software Updates that may be made available by Apple for your model of the iOS Device to update or restore the software on any such iOS Device that you own or control. This License does not allow you to update or restore any iOS Device that you do not control or own, and you may not distribute or make the iOS Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an iOS Software Update to your computer, you may make one copy of the iOS Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.  (c) To the extent that Apple has preinstalled Apple-branded apps from the App Store on your iOS Device at the time of purchase (“Preinstalled Apps”), you will need to log into the App Store and associate these Preinstalled Apps with your App Store account in order to use them on your iOS Device. When you associate a Preinstalled App with your App Store account, you will at the same time be automatically associating all other Preinstalled Apps on your iOS Device. By choosing to associate the Preinstalled Apps with your App Store account, you agree that Apple may transmit, collect, maintain, process and use both the Apple ID used by your App Store account and a unique hardware identifier collected from your iOS Device, as unique account identifiers for the purpose of verifying the eligibility of your request and providing you access to the Preinstalled Apps through the App Store. If you do not wish to use a Preinstalled App, you can delete it from your iOS Device at any time. (d) You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the iOS Software or any services provided by the iOS Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the iOS Software). (e) The iOS Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your iOS Device belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.  (f) You agree to use the iOS Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the iOS Software and Services. Features of the iOS Software and the Services may not be available in all languages or regions, some features may vary by region, and some may be restricted or unavailable from your service provider. A Wi-Fi or cellular data connection is required for some features of the iOS Software and Services such as FaceTime or iMessage. (g) Use of the App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access app updates and certain features of the iOS Software and Services. In addition, you acknowledge that many features, built-in apps, and Services of the iOS Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. You can view and control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed under Cellular Data Settings. For more information, please consult the User Guide for your iOS Device. (h) If you choose to allow automatic app updates, your iOS Device will periodically check with Apple for updates to the apps on your device and, if one is available, the update will automatically download and install onto your device. You can turn off the automatic app updates altogether at any time by going to Settings, tap iTunes & App Store, and under Automatic Downloads, turn off Updates. (i) Using your iOS Device in some circumstances can distract you and may cause a dangerous situation (for example, avoid typing a text message while driving a car or using headphones while riding a bicycle). By using your iOS Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use hands-free options for making calls when driving). 3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the iOS Software. You may, however, make a one-time permanent transfer of all of your license rights to the iOS Software to another party in connection with the transfer of ownership of your iOS Device, provided that: (a) the transfer must include your iOS Device and all of the iOS Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the iOS Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the iOS Software reads and agrees to accept the terms and conditions of this License. 4. Consent to Use of Data. When you use your device, your phone number and certain unique identifiers for your iOS Device are sent to Apple in order to allow others to reach you by your phone number when using various communication features of the iOS Software, such as iMessage and FaceTime.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time. You may turn off FaceTime or iMessage by going to the FaceTime or Messages settings on your iOS Device. Other iOS Software features may require information from your iOS Device.  You can find more information on which features send information to Apple, what information they send and how it may be used, when you turn on or use these features, or by visiting http://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 5. Services and Third Party Materials.   (a) The iOS Software may enable access to Apple’s iTunes Store, App Store, iBooks Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Apple ID, or other Apple Service, you agree to the applicable terms of service for that Service, such as the latest iTunes Store Terms and Conditions, latest iBooks Store Terms and Conditions for the country in which you access such Store(s) or Game Center Terms and Conditions, which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/internet-services/icloud/ww/, respectively.   (b) If you sign up for iCloud, certain iCloud features like “iCloud Photo Library”, “My Photo Stream”, “iCloud Photo Sharing”, “Back Up” and “Find My iPhone” may be accessed directly from the iOS Software.  You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: http://www.apple.com/legal/internet-services/icloud/ww/. (c) News App Content. Your use of content accessed through the News application is limited solely to personal, noncommercial use, does not transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through News as a stand-alone file. (d) Maps. The maps service and features of the iOS Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as turn-by-turn navigation, traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your iOS Device, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve the Maps features and service, and other Apple products and services.  You may disable the location-based functionality of Maps by going to the Location Services setting on your iOS Device and turning off the individual location setting for Maps. Certain Maps features will however be unavailable if you disable the Location Services setting, such as turn-by-turn navigation. (e) iBooks; Podcasts. If you choose to use the sync feature of the iBooks and Podcasts apps to synchronize your bookmarks, notes, collections and podcast subscription data across your iOS Devices and computers, you acknowledge that such data will be sent to Apple and stored in conjunction with the Apple ID you use for the iBooks Store or iTunes Store, in order to sync such data to your other devices and computers that are authorized to access content through that Apple ID. You can turn off syncing at any time by going to Settings and changing the syncing options for the iBooks and Podcasts apps, respectively. (f) You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.  (g) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.  (h) Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.  Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the navigation feature, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. (i) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. (j) In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the iOS Device are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Sharing or syncing photos through your iOS Device may cause metadata, including photo location data, to be transmitted with the photos. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.  6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the iOS Software.  Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties.  7.1     If you are a customer who is a consumer (someone who uses the iOS Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. 7.2     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE iOS SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE iOS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  7.3     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE iOS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE iOS SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  7.4     APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE iOS SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE iOS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE iOS SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE iOS SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE iOS SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS iOS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES.  7.5     YOU FURTHER ACKNOWLEDGE THAT THE iOS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE iOS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.  7.6     NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iOS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.  8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE iOS SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE iOS SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The iOS Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.   10. Export Control. You may not use or otherwise export or re-export the iOS Software except as authorized by United States law and the laws of the jurisdiction(s) in which the iOS Software was obtained. In particular, but without limitation, the iOS Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the iOS Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the iOS Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The iOS Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence.  If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.   13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the iOS Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 14. Third Party Acknowledgements. Portions of the iOS Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the iOS Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (http://www.google.com/terms_of_service.html) and to Google’s Privacy Policy (http://www.google.com/privacypolicy.html). 15. Use of MPEG-4; H.264/AVC Notice.  (a) The iOS Software is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. (b) The iOS Software contains MPEG-4 video encoding and/or decoding functionality. The iOS Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC.  See http://www.mpegla.com.  (c) The iOS Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE iOS SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.  16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. 17. Microsoft Exchange Notice. The Microsoft Exchange mail setting in the iOS Software is licensed only for over-the-air synchronization of information, such as email, contacts, calendar and tasks, between your iOS and Microsoft Exchange Server or other server software licensed by Microsoft to implement the Microsoft Exchange ActiveSync protocol. EA1348 09/17/2015 ------------------------- Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the iOS Software License Agreement (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature. Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions Apple Pay allows you to store virtual representations of credit and debit cards, including store credit and debit cards, which are supported by the Apple Pay feature (“Supported Payment Cards”) and use supported iOS Devices to make contactless payments in select stores or within apps. Apple Pay also allows you to use rewards cards that are stored in Wallet, including those that contain stored value (“Apple Pay-Enabled Rewards Cards”, and together with Supported Payment Cards, “Supported Cards”), to make contactless rewards cards transactions in select stores as part of a contactless payment using Apple Pay. The Apple Pay features of the iOS Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant. In order to use Apple Pay, you must have a card supported by the Apple Pay feature. Supported Cards may change from time to time. Supported Payment Cards require an active iCloud account in order to use this feature. Supported Cards are only available to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the Supported Card which you are trying to provision. Apple Pay is intended for your personal use and you may only provision your own Supported Cards. If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature. You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the License and these Supplemental Terms. You further agree to use Apple Pay in accordance with applicable law and regulation. You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). 2 Apple’s Relationship With You Apple Pay enables you to create a virtual representation of your Supported Payment Cards on your supported iOS Device and use Apple Pay-Enabled Rewards Cards as part of a payment, however Apple does not process payments or rewards cards transactions (such as reward accrual and redemption), or have any other control over payments, returns, refunds, rewards, value, discounts or other commerce activity that may arise out of your use of this feature. The terms of cardholder agreements you may have in place with your issuing bank will continue to govern your use of your Supported Payment Cards and their use in connection with Apple Pay. Similarly, your participation in any merchant rewards or stored value programs and your use of Apple Pay-Enabled Rewards Cards in connection with Apple Pay will be subject to such merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your iOS Device. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the content, accuracy or unavailability of any payment cards, rewards cards, stored value cards, commerce activities, transactions or purchases while using Apple Pay functionality, nor is Apple in any way involved in the issuance of credit or assessing eligibility for credit, or the accrual or redemption of rewards under a merchant’s rewards program. For all disputes or questions about payment cards, rewards cards, stored value cards, or associated commerce activity, please contact your issuer or the applicable merchant. 3 Privacy Apple Pay requires some information from your iOS Device in order to offer the full experience. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy or by visiting http://www.apple.com/privacy. 4 Security; Lost or Disabled Devices Apple Pay stores virtual representations of your Supported Payment Cards and should be protected as you would protect your physical credit and debit cards. Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID may result in their ability to make payments and receive or redeem rewards using Apple Pay on your device. You are solely responsible for maintaining the security of your device and of your passcode. You agree that Apple does not have any responsibility if you lose or share access to your device. You agree that Apple does not have any responsibility if you make unauthorized modifications to iOS (such as by way of a “jailbreak”). If your device is lost or stolen and you have Find My iPhone enabled, you can use Find My iPhone to attempt to suspend the ability to pay with the virtual credit and debit cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual credit and debit cards on the device and will also attempt to remove the Apple Pay-Enabled Rewards Cards. You should also contact the bank who issued your credit and debit cards and the merchant who issued your rewards or stored value cards in order to prevent unauthorized access to your virtual Supported Cards. If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe. 5 Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR ISSUING BANK, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. ------------------------- NOTICES FROM APPLE If Apple needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements. iCloud Terms and Conditions Welcome to iCloud THIS LEGAL AGREEMENT BETWEEN YOU AND APPLE GOVERNS YOUR USE OF THE iCLOUD PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. Apple is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and iCloud email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. iCloud is automatically enabled when you are running devices on iOS 9 or later and sign in with your Apple ID during device setup, unless you are upgrading the device and have previously chosen not to enable iCloud. You can disable iCloud in Settings. When iCloud is enabled, your content will be automatically sent to and stored by Apple, so you can later access that content or have content wirelessly pushed to your other iCloud-enabled devices or computers. I. REQUIREMENTS FOR USE OF THE SERVICE A. Age. The Service is only available to individuals aged 13 years or older (or equivalent minimum age in the relevant jurisdiction), unless you are under 13 years old and your Apple ID was provided to you as a result of a request by an approved educational institution or established as part of the Family Sharing feature by your parent or guardian. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent.  Parents and guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing. B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Apple reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility. C. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Account is allocated 5GB of storage capacity as described in the iCloud feature pages. Additional storage is available for purchase, as described below. Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity (for example, backup or email account space) is prohibited and may prevent you from backing up to iCloud, adding documents, or receiving new email sent to your iCloud email address. If your use of the Service or other behavior intentionally or unintentionally threatens Apple’s ability to provide the Service or other systems, Apple shall be entitled to take all reasonable steps to protect the Service and Apple’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account. If you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other facility of iCloud to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use iCloud in any manner that would make Apple (or any Apple Subsidiary) Your or any third party’s business associate. D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Apple makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws. E. Changing the Service. Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be communicated to you and, if accepted, will be effective immediately and will be incorporated into this Agreement. In the event that you refuse to accept such changes, Apple will have the right to terminate this Agreement and your account. You agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service. If you have paid to use the Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment. II. FEATURES AND SERVICES A. Use of Location-based Services Apple and its partners and licensors may provide certain features or services (e.g., Find My iPhone, Find My Friends) that rely upon device-based location information using GPS (where available) and crowd-sourced Wi-Fi hotspot and cell tower locations. To provide such features or services, where available, Apple and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your iCloud account (“Account”) and any devices registered thereunder, including but not limited to your Apple ID, device ID and name, and device type. You may withdraw consent to Apple and its partners’ and licensors’ collection, use, transmission, processing and maintenance of location and Account data at any time by not using the location-based features and turning off the Find My iPhone, Find My Friends, or Location Services settings (as applicable) on your device. When using third party services that use or provide location data as part of the Service, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party services. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Apple shall use reasonable skill and due care in providing the Service, but neither Apple nor any of its service and/or content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service. LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN EMERGENCY LOCATOR SYSTEM. B. Find My iPhone Find My iPhone is automatically enabled on iOS devices running iOS 8 or later when iCloud is enabled. When Find My iPhone is enabled on iOS devices running iOS 7 or later, your iOS device will be automatically linked to your Apple ID. Your Apple ID password will be required before anyone (including you) can turn off Find My iPhone, sign out of iCloud, erase or activate the device. Apple and its authorized agents may not perform hardware or software support services, including services under Apple’s limited warranty, unless you disable Find My iPhone prior to service. Apple shall bear no responsibility for your failure to protect your iOS device with a passcode, enable Lost Mode, and/or receive or respond to notices and communications. Apple shall also bear no responsibility for returning your iOS device to you or for any loss of data on your iOS device. If you have an Apple Watch and pair it with an iPhone when you are signed in to iCloud, you may be able to benefit from the security features of Find My iPhone Activation Lock on your Apple Watch. If you enable Activation Lock for your Apple Watch and did not previously have Find My iPhone enabled on your paired iPhone, you will automatically turn on Find My iPhone on your paired iPhone. If you lose your watch and did not have Activation Lock turned on, you will not be able to benefit from the security features of Find My iPhone by turning it on from your iPhone unless you are in range of your Apple Watch to pair the devices. C. Backup The Service creates automatic backups for iOS devices periodically, when the device is screen locked, connected to a power source, and connected to the Internet via a Wi-Fi network. iCloud will store your last three backups; however, if a device has not backed up to iCloud for a period of one hundred and eighty (180) days, Apple reserves the right to delete the backups associated with that device. Backup is limited to device settings, device characteristics, photos and videos, documents, messages (iMessage, SMS, and MMS), ringtones, app data (including Health app data), location settings (such as location-based reminders that you have set up), and Home screen and app organization. Content purchased from the iTunes Store, App Store, or iBookstore is not backed up, but may be eligible for download from those services, subject to account requirements, availability, and the applicable terms and conditions. Media synced from your computer is not backed up. If you enable iCloud Photo Library, your Photo Library will be backed up separately from the automatic iCloud backup. Your iCloud email, contacts, calendars, bookmarks, and documents are stored in, and can be accessed via iCloud on your devices and computers. Apple shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND APPLE SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain appropriate alternate backup of your information and data. When iCloud Backup is enabled, your device will not back up to iTunes automatically during a sync, but you may choose to manually initiate a backup to iTunes. D. Photos 1. iCloud Photo Library. When you enable iCloud Photo Library, your photos, videos and metadata in the Photos App on your iOS device, OS X computer, or Windows PC (“Device Photo Library”) will be automatically sent to iCloud, stored as your Photo Library in iCloud, and then pushed to all of your other iCloud Photo Library-enabled devices and computers. If you later make changes (including deletions) to the Device Photo Library on any one of these devices or computers, your changes will automatically be sent to and reflected in your iCloud Photo Library. These changes will also be pushed from iCloud to and reflected in the Device Photo Library on all of your other iCloud Photo Library-enabled devices and computers. Please note that the resolution of content in your Photo Library on your device or computer may vary depending upon the amount of available storage and the storage management option you have selected for your iCloud-Photo-Library-enabled device. If you do not wish to use iCloud Photo Library, you can turn iCloud Photo Library off on all of your Apple devices that have iCloud Photo Library enabled. 2. My Photo Stream. When you use the My Photo Stream feature of iCloud, Apple may store photos taken on your iOS Device or uploaded from your computer for a limited period of time and automatically send the photos to your other Apple devices that have My Photo Stream enabled. Please note that a limited number of photos may be stored in the cloud or on your devices at any one time, and older photos will be automatically deleted from My Photo Stream over time. Any photos you want to keep on a particular device permanently must be saved to the camera roll or the photo library on your computer. Photo resolution may vary depending on the device to which the photos are downloaded.  If you do not wish to use My Photo Stream, you can turn My Photo Stream off on all of your Apple devices that have My Photo Stream enabled. If you enable iCloud Photo Library, devices and computers will no longer download data from My Photo Stream, but will continue to upload data to My Photo Stream. This means that iCloud-Photo-Library-enabled devices and computers will send data to devices and computers that are not enabled, while data from non-enabled devices and computers will not be uploaded to iCloud Photo Library. 3. iCloud Photo Sharing.  By using the iCloud Photo Sharing feature, Apple may continuously store the photos and videos you share until you delete them, send those photos and videos to your other Apple devices that have iCloud Photo Sharing enabled, and send them to the Apple devices of the people you choose to share them with, including members of your Family if Family Sharing is enabled. When you use iCloud Photo Sharing, you are allowing your recipients to view, save, copy, and share your photos and videos, as well as contribute photos and videos, and leave comments.  If you choose to use iCloud Photo Sharing to share photos via a web link, these photos will be publicly available to anyone who has been provided or has access to the web link. You can delete individual photos, videos, comments, or entire shared photo streams at any time to stop sharing them immediately, however, photos and videos that the viewer has previously saved to their device or computer will not be deleted. E. Public Beta From time to time, Apple may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Apple with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Apple, and that Apple is not obligated to provide you with any Beta Features. Apple may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Apple may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Apple strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Apple may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Apple provides to you in order to receive any such support. Apple reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Apple has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Apple will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Apple will be free to use any feedback you provide for any purpose. F. Family Sharing. If you enable Family Sharing, Apple can share certain iTunes, iBooks and App Store purchases, and iCloud content, including, for example, shared calendars, shared photos, and location (if enabled) with your family members. For more information regarding sharing your iTunes purchases, please see the iTunes terms and conditions at http://www.apple.com/legal/internet-services/itunes/ww/. G. Mail Drop. If you are logged in to iCloud and you use OS X Mail or iCloud Webmail to send email with attachments, whether or not you use iCloud or other email services, in order to facilitate large transfers of files, you agree to allow Apple to temporarily store the attachments in iCloud for emails where the size of the message plus the size of attachments is greater than 20 MB, with an upper limit of 5 GB. You also agree to allow Apple to deliver your emails to recipients with links to your file attachments. If a recipient is using OS X 10.10 or later, OS X Mail will automatically download the attachments. As a sender, you and all recipients should not notice a significant change in the way you send and receive emails and attachments. Temporary storage of large email attachments will not count towards your storage limit. These attachments will have an expiration date. At the time of expiration, those attachments will no longer be available for downloading. You may opt out of using Mail Drop at ay time. H. Third Party Apps. If you sign in to certain third party Apps with your iCloud credentials, you agree to allow that App to store data in your personal iCloud account and for Apple to collect, store and process such data on behalf of the relevant third-party App Developer in association with your use of the Service and such Apps. The data that the App stores in your personal iCloud account will count towards your storage limit. Such data may be shared with another App that you download from the same App Developer. I. iCloud web-only account. If you sign up for the Service with a web-only account on a non-Apple-branded device or computer, you will have access to only a limited set of Service functionality. You will receive 1 GB of free storage and you will not be able to increase this amount with a web-only account. As a condition to accessing the Service with a web-only account, you agree to all relevant terms and conditions found in this Agreement, including, without limitation, all requirements for use of the Service, limitations on use, availability, public beta, disclaimers of warranties, rules regarding your content and conduct, and termination. Terms found in this Agreement relating to features not available for web-only users will not be applicable to you. These include, for example, use of location based services and payment of fees for iCloud storage upgrades. You further agree that if you subsequently access your web-only account from an Apple-branded device or Apple-branded computer, whether or not you own such device or computer, Apple may automatically upgrade your web-only account to a full iCloud account and provide all available functionality of the Service to you, including increased free storage capacity. If you choose to access your web-only account from an Apple-branded device or Apple-branded computer and you are subsequently upgraded to full functionality of the Service, you agree that all of the terms and conditions contained herein apply to your use of the Service. If you do not want to have a full iCloud account, do not sign in to your web-only account from an Apple-branded device or computer. J. Two-Factor Authentication and Autodialed Calls/Texts. If you choose to enable Two-Factor Authentication for your Apple ID, you consent to (a) provide Apple at least one telephone number; and (b) receive autodialed or prerecorded calls and text messages from Apple at any of the telephone numbers provided. We may place such calls or texts to (i) help keep your Account secure when signing in; (ii) help you access your Account when you’ve forgotten your password; or (iii) as otherwise necessary to service your Account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. III. SUBSCRIPTION STORAGE UPGRADES Additional storage is available for purchase on a subscription basis. A. Payment. By upgrading your storage on your device or computer, Apple will automatically charge on a recurring basis the payment method associated with your Apple ID (e.g., the payment method you use to shop on the iTunes Store, App Store, or iBookstore, if available) or the payment method associated with your Family account. If you are a Family organizer, you agree to have Apple charge your payment method on a recurring basis for members of your Family who upgrade their storage. Apple may also obtain preapproval for an amount up to the amount of the transaction and contact you periodically by email to the email address associated with your Apple ID for billing reminders and other storage account-related communications. You can change your subscription by upgrading or downgrading your storage under the iCloud section of Settings on your device, or under the iCloud pane of System Preferences on your Mac or iCloud for Windows on your PC. The applicable storage fee for an upgraded storage plan will take effect immediately; downgrades to your storage plan will take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING APPLE WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Apple is unable to successfully charge your credit card or payment account for fees due, Apple reserves the right to revoke or restrict access to your stored Content, delete your stored Content, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the Account Information section of iCloud; this may temporarily disrupt your access to the Services while Apple verifies your new payment information. We may contact you via email regarding your account, for reasons including, without limitation, reaching or exceeding your storage limit. Your total price will include the price of the upgrade plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you purchase the upgrade. We will charge tax when required to do so under the tax rules applicable to the Service. B. Right of Withdrawal If you choose to cancel your subscription following its initial purchase, you may do so by informing Apple with a clear statement (see applicable address details in section “General” below) within 14 days from when you received your e-mail confirmation by contacting Customer Support. You do not need to provide a reason for cancellation. To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. Customers in the EU and Norway also have the right to inform us using the model cancellation form below: To: iTunes S.à r.l., 31-33, rue Sainte Zithe, L-2763 Luxembourg: I hereby give notice that I withdraw from my contract for the following: [SUBSCRIPTION AMOUNT AND PERIOD, e.g., 200 GB MONTHLY iCLOUD SUBSCRIPTION STORAGE UPGRADE] Ordered on [INSERT DATE] Name of consumer Address of consumer Date Effects of cancellation We will reduce your storage back to 5 GB and reimburse you no later than 14 days from the day on which we receive your cancellation notice. If you have used more than 5GB of storage during this period, you may not be able to create any more iCloud backups or use certain features until you have reduced your storage. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement. IV. Your Use of the Service A. Your Account As a registered user of the Service, you must establish an Account. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, Apple shall not be responsible for any losses arising out of the unauthorized use of your Account resulting from you not following these rules. In order to use the Service, you must enter your Apple ID and password to authenticate your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Account. You agree that Apple may store and use the Service Registration Data you provide for use in maintaining and billing fees to your Account. B. Use of Other Apple Products and Services Particular components or features of the Service provided by Apple and/or its licensors, including but not limited to the ability to download previous purchases and iTunes Match and/or iCloud Music Library (additional fees apply), require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service. C. No Conveyance Nothing in this Agreement shall be construed to convey to you any interest, title, or license in an Apple ID, email address, domain name, iChat ID, or similar resource used by you in connection with the Service. D. No Right of Survivorship Unless otherwise required by law, You agree that your Account is non-transferable and that any rights to your Apple ID or Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate your Account may be terminated and all Content within your Account deleted. Contact iCloud Support at www.apple.com/support/icloud for further assistance. E. No Resale of Service You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose. V. Content and Your Conduct A. Content “Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Apple, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. B. Your Conduct You agree that you will NOT use the Service to: a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; b. stalk, harass, threaten or harm another; c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends; d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another iCloud user, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Apple reserves the right to reject or block any Apple ID or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity); e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”); h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); j. plan or engage in any illegal activity; and/or k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities. C. Removal of Content You acknowledge that Apple is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Apple reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable. D. Back up Your Content You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing the Service, but Apple does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss. E. Access to Your Account and Content Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law. F. Copyright Notice - DMCA If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Apple’s Copyright Agent as described in our Copyright Policy at http://www.apple.com/legal/trademark/claimsofcopyright.html. Apple may, in its sole discretion, suspend and/or terminate Accounts of users that are found to be repeat infringers. G. Violations of this Agreement If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to abuse@iCloud.com. H. Content Submitted or Made Available by You on the Service 1. License from You. Except for material we may license to you, Apple does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Apple a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it. 2. Changes to Content. You understand that in order to provide the Service and make your Content available thereon, Apple may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Apple to take any such actions. 3. Trademark Information. Apple, the Apple logo, iCloud, the iCloud logo and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the US and/or other countries. A list of Apple’s trademarks can be found here - http://www.apple.com/legal/trademark/appletmlist.html. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service. VI. Software A. Apple’s Proprietary Rights. You acknowledge and agree that Apple and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. B. License From Apple. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. C. Export Control. Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement. D. Updates. From time to time, Apple may update the Software used by the Service. In order to continue your use of the Service, such updates may be automatically downloaded and installed onto your device or computer. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. VII. Termination A. Voluntary Termination by You You may delete your Apple ID and/or stop using the Service at any time. If you wish to stop using iCloud on your device, you may disable iCloud from a device by opening Settings on your device, tapping iCloud, and tapping ”Sign Out”. To terminate your Account and delete your Apple ID, contact Apple Support at http://apple.com/support/appleid/contact. If you terminate your Account and delete your Apple ID, you will not have access to other Apple products and services with that Apple ID. This action may be non-reversible. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by this Agreement), including any fees paid in advance for the billing year during which you terminate. Termination of your Account shall not relieve you of any obligation to pay any accrued fees or charges. B. Termination by Apple Apple may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Apple may terminate your Account upon prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by Apple in its sole discretion and Apple will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts. C. Effects of Termination Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, Apple ID, email account, and Content. In addition, after a period of time, Apple will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements. VIII. Links and Other Third Party Materials Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Apple may have no control over such third party sites and/or materials, you acknowledge and agree that Apple is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Apple shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources. IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. LIMITATION OF LIABILITY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. APPLE SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) APPLE’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) APPLE’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE. INDEMNIFICATION You agree to defend, indemnify and hold Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Apple as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Apple, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Apple’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Apple from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you. X. GENERAL A. Notices Apple may provide you with notices regarding the Service, including changes to this Agreement, by email to your iCloud email address (and/or other alternate email address associated with your Account if provided), iMessage or SMS, by regular mail, or by postings on our website and/or the Service. B. Governing Law Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. C. Entire Agreement This Agreement constitutes the entire agreement between you and Apple, governs your use of the Service and completely replaces any prior agreements between you and Apple in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Apple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement. D. “Apple” as used herein means: • Apple Inc., located at 1 Infinite Loop, Cupertino, California, for users in North, Central, and South America (excluding Canada), as well as United States territories and possessions; and French and British possessions in North America, South America, and the Caribbean; • Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users in Canada or its territories and possessions; • iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan; • Apple Pty Limited, located at Level 13, Capital Centre, 255 Pitt Street, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; and • Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users. For users in territories where Apple means Apple Distribution International, iTunes S.à r.l, located at 31-33, rue Sainte Zithe, L-2763 Luxembourg, shall be the seller of subscription storage upgrade services for the Services offered by Apple Distribution International. Apple Distribution International shall be the operator and data controller of the Services.” ELECTRONIC CONTRACTING Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. Last revised: September 16, 2015 Game Center Terms and Conditions GAME CENTER THE LEGAL AGREEMENT (“AGREEMENT”) SET OUT BELOW GOVERNS YOUR USE OF THE GAME CENTER SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING "AGREE," YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU SHOULD REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND IT. Apple Inc. is the provider of the Game Center service (the “Service”), which permits you to engage in game related activities, including, but not limited to, participation in leader boards, multi-player games, and tracking achievements. The Service may not be available in all areas. Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing. YOUR ACCOUNT As a registered user of the Service, you may establish an account ("Account") in accordance with the Usage Rules, below. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Apple of any security breach of your Account. Apple shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, the Service, and you agree to update your registration data to keep it accurate and complete. You agree that Apple may store and use your registration data to maintain your Account. You may not create an account for anyone other than yourself without that person’s permission. USAGE RULES You agree to use the Service in compliance with these usage rules. Apple reserves the right to modify the usage rules at any time. You are authorized to use the Service only for personal, noncommercial use. You agree not to, or attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service. You agree that you will NOT use the Service to: a. upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; b. stalk, harass, threaten or harm another; c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, email address, or the names of the minor's school, church, athletic team or friends; d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Service participant, an Apple employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Apple reserves the right to reject or block any nickname which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity); e. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement; f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any content transmitted through the Service (“spoofing"); h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); j. plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities; k. cheat or otherwise modify the Service or the game experience to effect an advantage for one player over another. PRIVACY The Service is subject to Apple's Privacy Policy at http://www.apple.com/privacy. As set out in the Privacy Policy, when you use the Service, such as inviting other users to join the Service, participating in leader boards, enabling invitations or multiplayer functionality, or displaying status messages, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit. When playing a game that supports multiplayer functionality, other users accessing the Service from within the same game on the same Wi-Fi network, local area network or within range of Bluetooth will be able to see that you are nearby (unless you turn this feature off), and see your nickname and photo, or full profile if you have a friend relationship with such user. If you choose to have your public profile set to “on”, other users of the Service can see your full profile, including your full name, activity (such as the games you have played and when you played them), scores, and achievements, and you can be recommended as a friend to other users. If your public profile is set to “off”, only users with whom you have established a friend relationship can see your full profile, and you will not be recommended to others; only your nickname and photo will be visible to users who are not friends. If you send or receive a friend request, the full name associated with your Apple ID will be shared with those users to whom you send, or from whom you accept, a friend request, and Apple may recommend games that you have played to your friends. If you wish to stop sharing information with other users and the Service, see http://www.apple.com/support/. Some aspects of the Service are not available to children under 13, such as features that allow users to disclose personally identifiable information. Please enable restrictions as appropriate. SUBMISSIONS TO THE SERVICE The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste. You also agree that you have obtained all necessary rights and licenses to make such submissions. You agree to provide accurate and complete information in connection with your submission of any materials on the Service. You hereby grant Apple a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service or in providing or marketing the Service, without any compensation or obligation to you. Apple reserves the right to not post or publish any materials and to remove or edit any material, at any time in its sole discretion without notice or liability. Apple has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Apple in its sole discretion deems appropriate, including, without limitation, termination hereunder or under our Copyright Policy (http://www.apple.com/legal/copyright.html). THIRD-PARTY MATERIALS Certain content, and services available via the Service may include materials from third parties. Apple may provide links to third-party web sites as a convenience to you. You agree that Apple is not responsible for examining or evaluating the content or accuracy and Apple does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Apple is not in any way responsible for any such use by you. OBJECTIONABLE MATERIAL You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, which content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Apple shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Ratings and descriptions are provided for convenience, and you agree that Apple does not guarantee their accuracy. INTELLECTUAL PROPERTY You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. Notwithstanding any other provision of this Agreement, Apple and its licensors reserve the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice. In no event will Apple be liable for making these changes. Apple may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Apple and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. Apple, the Apple logo, and other Apple trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. TERMINATION If you fail, or Apple suspects that you have failed, to comply with any of the provisions of this Agreement, Apple, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Service; and/or (iii) preclude access to the Service (or any part thereof). Apple reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Apple will not be liable to you or to any third party should it exercise such rights. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY APPLE HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT MATERIALS OR INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND APPLE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO. WAIVER AND INDEMNITY BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN, RESULTING FROM, OR CONTEMPLATED BY THIS AGREEMENT. CHANGES Apple reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof. MISCELLANEOUS This Agreement constitutes the entire agreement between you and Apple and governs your use of the Service, superseding any prior agreements between you and Apple regarding the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. The Service is operated by Apple from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by California law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Apple or relating in any way to your use of the Service resides in the courts of the State of California. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement. Apple may send you notice with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately. Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Service and/or products, and/or a third-party claim that your use of the Service and/or products is unlawful and/or infringes such third party's rights). Last updated: September 16, 2013 Apple Privacy Policy Your privacy is important to Apple. So we've developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. Collection and Use of Personal Information Personal information is data that can be used to identify or contact a single person. You may be asked to provide your personal information anytime you are in contact with Apple or an Apple affiliated company. Apple and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have. Here are some examples of the types of personal information Apple may collect and how we may use it. What personal information we collect - When you create an Apple ID, apply for commercial credit, purchase a product, download a software update, register for a class at an Apple Retail Store, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information. - When you share your content with family and friends using Apple products, send gift certificates and products, or invite others to participate in Apple services or forums, Apple may collect the information you provide about those people such as name, mailing address, email address, and phone number. Apple will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes. - In the U.S., we may ask for a government issued ID in limited circumstances including when setting up a wireless account and activating your device, for the purpose of extending commercial credit, managing reservations, or as required by law. How we use your personal information - The personal information we collect allows us to keep you posted on Apple's latest product announcements, software updates, and upcoming events. If you don't want to be on our mailing list, you can opt out anytime by updating your preferences. - We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. - We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of Apple ID account holders. - From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Apple, you may not opt out of receiving these communications. - We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Apple's products, services, and customer communications. - If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs. Collection and Use of Non-Personal Information We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it: - We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an Apple product is used so that we can better understand customer behavior and improve our products, services, and advertising. - We may collect information regarding customer activities on our website, iCloud services, and iTunes Store and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy. - We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address. - With your explicit consent, we may collect data about how you use your device and applications in order to help app developers improve their apps. If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined. Cookies and Other Technologies Apple's websites, online services, interactive applications, email messages, and advertisements may use "cookies" and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy. Apple and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your mobile device, you can opt out by accessing the following link on your device: http://oo.apple.com. Alternatively, if you are using iOS 6 or above operating system on your mobile device or iTunes Radio on your computer, you may opt-out by electing Limit Ad Tracking. If you opt out, you will continue to receive the same number of mobile ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to the content on a web page or in an application or based on other non-personal information. Opting out through oo.apple.com applies only to Apple advertising services and does not affect interest-based advertising from other advertising networks. However, if you select Limit Ad Tracking on your mobile device, third party apps are not permitted by contract to use the Advertising Identifier, a non-personal device identifier to serve you targeted ads. Apple and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Apple more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Apple Online Store. Knowing your country and language - and if you are an educator, your school - helps us provide a customized and more useful shopping experience. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your operating system, set up your iCloud service, and provide you with better customer service. If you want to disable cookies and you're using the Safari web browser, go to Safari preferences and then to the privacy pane to disable cookies. On your Apple mobile device, go to Settings, then Safari, and then to the Cookies section. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Apple website will not be available once cookies are disabled. As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Apple may use this information in our marketing and advertising services. In some of our email messages, we use a "click-through URL" linked to content on the Apple website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers. Disclosure to Third Parties At times Apple may make certain personal information available to strategic partners that work with Apple to provide products and services, or that help Apple market to customers. For example, when you purchase and activate your iPhone, you authorize Apple and your carrier to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by Apple and your carrier's respective privacy policies. Personal information will only be shared by Apple to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes. Service Providers Apple shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever Apple operates. Others It may be necessary - by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence - for Apple to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party. Protection of Personal Information Apple takes the security of your personal information very seriously. Apple online services such as the Apple Online Store and iTunes Store protect your personal information during transit using encryption such as Transport Layer Security (TLS). When your personal data is stored by Apple, we use computer systems with limited access housed in facilities using physical security measures. iCloud data is stored in encrypted form including when we utilize third party storage. When you use some Apple products, services, or applications or post on an Apple forum, chat room, or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features. If you or anyone else using Family Sharing logs on to a device that is owned by a third party, any information shared within your Family - including calendar, location, photos, and iTunes purchases - may be downloaded on to that third party device thereby disclosing any such shared information. [See About Family Sharing for more information.] Integrity and Retention of Personal Information Apple makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Access to Personal Information You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form. Children We understand the importance of taking extra precautions to protect the privacy and safety of children using Apple products and services. Accordingly, we do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, without first receiving verifiable parental consent we will take steps to delete the information as soon as possible. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own Apple IDs, unless their parent provided consent through the Apple ID for Students Program or as part of the child account creation process in Family Sharing. For example, a parent must review the Apple ID and Family Sharing Disclosure and agree to the Consent to Apple's Collection, Use and Disclosure of Your Child's Information; and the iTunes Store Terms and Conditions, before they can begin the Apple ID account creation process for their child. Learn more about Family Sharing, the Apple ID for Students program and Restrictions for children's accounts. If at any time a parent needs to access, correct, or delete data associated with their Family Sharing account or child's Apple ID, they may contact us through our Privacy Contact Form. Or by using the contact information below. Location-Based Services To provide location-based services on Apple products, Apple and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Apple computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices' approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by Apple and our partners and licensees to provide and improve location-based products and services. For example, your device may share its geographic location with application providers when you opt in to their location services. Some location-based services offered by Apple, such as the "Find My iPhone" feature, require your personal information for the feature to work. You may withdraw consent to Apple and its partners' and licensees' collection, use, transmission, processing and maintenance of location and account data at any time by not using the location-based features and turning off the Find My iPhone, Find My Friends, or Location Services settings (as applicable) on your device and computer. Third-Party Sites and Services Apple websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties - for example, a third-party iPhone app. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. International Users All the information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Apple abides by the "safe harbor" frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program. Please note that personal information, including the information provided when using iCloud, regarding individuals who reside in a member state of the European Economic Area (EEA) and Switzerland is controlled by Apple Distribution International in Cork, Ireland, and processed on its behalf by Apple Inc. Personal information collected in the EEA and Switzerland when using iTunes is controlled by iTunes SARL in Luxembourg and processed on its behalf by Apple Inc. Apple abides by the Asia-Pacific Economic Cooperation (APEC) Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. Our Companywide Commitment to Your Privacy To make sure your personal information is secure, we communicate our privacy and security guidelines to Apple employees and strictly enforce privacy safeguards within the company. Privacy Questions If you have any questions or concerns about Apple's Privacy Policy or data processing or if you would like to make a complaint about a possible breach of local privacy laws, please contact us. You can always contact us by phone at the relevant Apple Support number for your country. All such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances. Apple may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. Apple Inc. 1 Infinite Loop, Cupertino, California, USA, 95014 Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED. 1. DEFINITIONS. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers; and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. “Commercial Features” means those features identified in Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. “README File” means the README file for the Software accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. 2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS. 3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms. 4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). 6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, you must destroy all copies of Software. 7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/us/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation. 8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations ("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines for Oracle Trademarks currently located at http://www.oracle.com/us/legal/third-party-trademarks/index.html . Any use you make of the Oracle Marks inures to Oracle's benefit. 9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation shall be only those set forth in this Agreement. 10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement. 11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software. A. COMMERCIAL FEATURES. You may not use the Commercial Features for running Programs, Java applets or applications in your internal business operations or for any commercial or production purpose, or for any purpose other than as set forth in Sections B, C, D and E of these Supplemental Terms. If You want to use the Commercial Features for any purpose other than as permitted in this Agreement, You must obtain a separate license from Oracle. B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs. C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in this Agreement and that includes the notice set forth in Section H, and (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section C does not extend to the Software identified in Section G. D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. The license set forth in this Section D does not extend to the Software identified in Section G. E. DISTRIBUTION BY PUBLISHERS. This section pertains to your distribution of the JavaTM SE Development Kit Software (“JDK”) with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, Oracle hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the JDK on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the JDK on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the JDK from the applicable Oracle web site; (iii) You must refer to the JDK as JavaTM SE Development Kit; (iv) The JDK must be reproduced in its entirety and without any modification whatsoever (including with respect to all proprietary notices) and distributed with your Publication subject to a license agreement that is a complete, unmodified reproduction of this Agreement; (v) The Media label shall include the following information: “Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is subject to license terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations are trademarks or registered trademarks of Oracle in the U.S. and other countries.” [YEAR] is the year of Oracle's release of the Software; the year information can typically be found in the Software’s “About” box or screen. This information must be placed on the Media label in such a manner as to only apply to the JDK; (vi) You must clearly identify the JDK as Oracle's product on the Media holder or Media label, and you may not state or imply that Oracle is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the JDK; (viii) You agree to defend and indemnify Oracle and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of the JDK and/or the Publication; ; and (ix) You shall provide Oracle with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065 U.S.A , Attention: General Counsel. F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", “oracle” or similar convention as specified by Oracle in any naming convention designation. G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise transfer patches, bug fixes or updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program. H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice: Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. “Commercial Features” means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html   I. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. J. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution. K. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. L. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html. For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065, USA. Last updated 02 April 2013 UQ Rentals - website terms of use 1.About this website Website Owner = The University of Queensland ABN 63 942 912 684 CRICOS Provider No:00025B (Domain name = http://uqrentals.com.au/the “website”) 2.About these terms of use These website terms of use and the associated UQ Privacy Policy govern your access to and use of UQ Rentals. You should read these terms of use and the Privacy Policy carefully before using this website. http://ppl.app.uq.edu.au/content/1.60.02-privacy-management 3.Your access/use implies agreement UQ Rentals is available for your use only on condition that you agree to these terms of use. By accessing/using UQ Rentals, you are signifying that you agree to be bound by these terms. 4.Modifications to the Terms The University of Queensland may revise and update these terms of use at any time. Your continued usage of UQ Rentals after any changes to these terms of use will mean you accept those changes. 5.Modifications to the information The University of Queensland does not warrant the accuracy, adequacy or completeness of property listing on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of The University of Queensland. 6.Disclaimers for UQ Student or UQ Staff members for using UQ Rentals: You must: a)review the accommodation provider, the property, the facilities and the conditions on which the property is offered. UQ will not inspect properties which are listed by external Accommodation providers or private landlords b)ensure that your username and password for accessing the Service are kept secure at all time. You are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise). c)understand and agree to the follow terms: 1.A property listing on UQ Rentals carries no statement of endorsement by the University of Queensland. 2.It is the responsibility of the UQ Student/UQ Staff to ensure that statements and information provided by a provider are accurate and correct when applying for any housing advertised on the UQ Rentals. 3.Accommodation Services and the University of Queensland make no guarantee that a UQ Student/UQ Staff will find a suitable housing option by using UQ Rentals to search for a vacancy. 4.Accommodation Services and the University of Queensland can in no way guarantee the suitability of co-tenants, landlords or any other relationship formed or found through UQ Rentals, and will accept no liability or responsibility for any such interactions. 7.Your obligations as an Accommodation Provider to us are as follows: You must: a)only upload listings to UQ Rentals yourself or via an authorised third party who has agreed to our terms and conditions for uploading properties to UQ Rentals; b)ensure any images of your property uploaded to UQ Rentals must not contain images of people; c)comply with any direction we give to in relation to your listings, including amending or updating listings; d)acknowledge that, where you provide us with personal information of any individual, you must inform that individual that their personal information will be used and disclosed by us in accordance with our Privacy Management Policy; e)pay the cost of all telecommunications and internet access charges incurred when using UQ Rentals, whether or not such access has been arranged by us; f)ensure that your listings are not unlawful or uploaded for an improper purpose, including information that is defamatory, misleading or deceptive, in breach of copyright or would otherwise expose us to any liability, legal proceedings or other sanction; g)ensure that your username and password for accessing the Service are kept secure at all times and are only disclosed to persons authorised on your behalf. However you are responsible for any use of the Service using your username and password by any person (whether authorised or otherwise). 8.Errors and problems The University of Queensland does not guarantee that UQ Rentals will be free from viruses, or that access to UQ Rentals will be uninterrupted. 9.The University of Queensland Privacy Management Policy The University of Queensland Privacy Management policy governs the use of information collected from or provided by you at UQ Rentals. A policy statement prepared by The University of Queensland for the purposes of being made available to customers and the general public declaring the company's commitment to the Information Privacy Act 2009 (Qld) (hereinafter the “Privacy Act”) for a company required to comply is available at http://ppl.app.uq.edu.au/content/1.60.02-privacy-management. 10.Feedback, suggestions, comments or requests The University of Queensland does encourages you to make feedback, suggestions, comments or requests to info@accomodation.uq.edu.au and if you do make comments, you acknowledge that: they may not be considered confidential or proprietary, and The University of Queensland is under no obligation to keep such information confidential, and The University of Queensland will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, and to distribute an such comments. 11.Outbound links & third-party websites UQ Rentals may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by The University of Queensland. The University of Queensland makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. 12.Inbound links & third-party websites Linking to any page of UQ Rentals is strictly prohibited, without express written permission from The University of Queensland. The University of Queensland prohibits the use of any property listings on third-party websites without express written permission from The University of Queensland. 13. Limitation of Liability In no event shall The University of Queensland be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use UQ Rentals. 14.Your Acknowledgements You acknowledge that at all times during the Term of this Agreement: a)you have read and agree to be bound by the terms of our Privacy Management Policy, Acceptable Use of UQ ICT Resources; b)in consideration for your right to upload listings to UQ Rentals and the other services we provide, you grant us an irrevocable, perpetual, world-wide, royalty free licence to commercialise, copy, licence to other persons, use and adapt for any purpose any content or material you provide to us during the Term, and for the avoidance of doubt this licence survives termination of this Agreement by you or us; c)we are not under any obligation to monitor the compliance of your listings with this Agreement, however we may take any action we deem appropriate in relation to your listings if we consider there has been a beach, including removing listings from UQ Rentals; d)you are solely responsible for the content your listings and any errors or omissions in your listings - our role is one of publisher and we take no responsibility whatsoever for your listings; e)we cannot guarantee the continuous or fault-free operation of UQ Rentals or other services we provide you and, without limitation, systems or technological failure or delay may impede or prevent access to UQ Rentals and other services; f)we may contact you from time to time in relation to products and services offered by us or our business partners and you authorise us: g)to contact you via email and other telecommunication, unless you explicitly request us not to contact you via these media; and h)you must upload all your listings to UQ Rentals as soon as practicable and maintain those listings until leased or expired. 15.Restrictions on use of website In accessing or using our websites you agree that you will not: a)use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our website; b)use any device, software, process or means to interfere or attempt to interfere with the proper working on our website; c)undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage; d)use or index any content or data on our websites for purposes of: I.constructing or populating a searchable database of properties, II.building a database of property information; or III.competing with us in any manner that we have not specifically authorised; e)transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not; f)use our websites or any content from our websites in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available; g)pose as any person or entity or attempt to solicit money, passwords or personal information from any person; h)reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites or any content on our website, except as expressly authorised by us; or i)transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity. MyGov Terms of use 1. Introduction 1.1 About these terms of use These terms of use describe what you need to know and understand about your rights and responsibilities as a user of myGov. This includes the use of myGov on any myGov Platform, including: the myGov Website; and a myGov Authentication Service. By creating a myGov account or by accessing myGov on any myGov Platform, you are agreeing: to be bound by these terms of use; and to comply with all of your responsibilities, as set out in these terms of use. Some of the words in these terms of use have a particular meaning. These words, and the meaning of these words, are set out in the definitions table at section 9 of these terms of use. You should refer to the definitions table when reading these terms of use. You can skip to the definitions table by selecting 'Go to definitions' at the end of each paragraph. Return to top  Go to definitions 1.2 About using myGov myGov is operated by the Australian Government, as represented by the Department of Human Services (the department). Once you have created your myGov account, you will be able to access a range of Member Services. Member Services may be operated by: the department; or Other Agencies. Some Member Services require you to have a myGov Profile. You can create a myGov Profile by linking to a Profile Member Service. Sometimes, the department may add or remove Member Services and/or Profile Member Services. Return to top  Go to definitions 1.3 Changes to myGov and these terms of use The department may change, add or remove any of the functionality of myGov, or make changes to these terms of use at any time. If those changes affect your rights or responsibilities, the department will tell you and you will be asked to accept the new terms of use. If you are told about a new version of the terms of use, you will need to accept them before you will be able to access your myGov account. These terms of use replace any terms of use you may have previously accepted which covered: your use of myGov (or the previous website: australia.gov.au); or any Department Member Service. Return to top  Go to definitions 2. Your responsibilities 2.1 Accessing and using your myGov account You will need to: be a natural person to access or seek to access myGov or a Member Service; use your myGov Security Details to access your myGov account; and make sure your personal details (including your name and email address) are accurate and kept up to date with myGov and any Member Services you may be using. You must not: access or link to, or try to access or link to, any other person's myGov or Member Service account; or allow any other person to access your myGov account on your behalf. If you can't access myGov yourself, rather than allow another person to access your account, which is not permitted, you have three options: contact the Member Service directly; or visit a myGov shopfront; or contact the department using the details available at Contact us. Return to top  Go to definitions 2.2 Keeping your myGov Security Details safe You must: keep your myGov Security Details secure at all times and not share them with any other person; and not allow any other person to use your myGov Security Details. If you think that the security of your myGov account may have been compromised (for example, if your myGov Security Details have been, or may be, accessed by another person without your permission) you should tell the department as soon as possible using the details at Contact us. For information about how to keep your myGov Security Details secure, visit the myGov Security tab. Return to top  Go to definitions 2.3 Responsibility for access and use of your myGov account If you don't keep your myGov Security Details safe (see your responsibilities at section 2.2), and someone else uses them, you will be responsible for everything they do with your account. If you deliberately allow someone else to use your myGov account, which is not permitted, you will be responsible for everything they do with your account. If you comply with the security requirements in these terms of use, you will not be responsible for any unauthorised access to your account. For example, if your account is accessed by an unauthorised person, as a result of fraud, you will not be responsible for the actions of that unauthorised person. Return to top  Go to definitions 2.4 How you must not use myGov You must not use myGov or your myGov account: in a way that infringes anyone else's rights or prevents them from using myGov; in any way which may harass or cause distress or inconvenience to anyone; to cause disruption to myGov; to post or transmit unlawful, defamatory, obscene, offensive, or scandalous material; to participate in any illegal or fraudulent activity; or to post or transmit material that breaks or encourages breaking the law. If you use myGov or your myGov account to do any of the above things, your myGov account may be locked, suspended or terminated and you may even face civil or criminal penalties (depending on what has happened). You must also not use any software (for example, bots or scraper tools) or other automatic devices to access, monitor or copy myGov or its contents unless given written permission to do so by the department. Return to top  Go to definitions 2.5 Information that you provide on myGov You need to provide complete and correct information when using your myGov account or a Member Service. Providing incomplete, inaccurate or false information via myGov or a Member Service will be treated in the same way as providing incorrect information on a form or in person and may result in prosecution and civil or criminal penalties. Return to top  Go to definitions 2.6 Member Service terms Most terms relating to your use of myGov are contained in these terms of use. However, when you link to and use Member Services, you may be required to accept and comply with their separate terms of use. Not all Member Services have separate terms of use. Any Member Service terms are in addition to these terms of use and if they are different to these terms of use, the Member Service terms of use will apply. Your use of myGov and having a myGov account does not: change any obligation the department or any Other Agency owes you in respect of the provision to you of services; or change any obligation you owe to the department or any Other Agency in respect of your receipt of services. Return to top  Go to definitions 2.7 Availability of your myGov account If myGov is not available for any reason or you unlink a Member Service, access to Member Services may not be available through another online channel. However, you can communicate directly with the department or Other Agency in writing, by telephone or in person by using the details at Contact us. You may close your myGov account at any time. Return to top  Go to definitions 3. Our responsibilities 3.1 What we are responsible for The department will take reasonable care in providing information and services through myGov. Return to top  Go to definitions 3.2 What we are not responsible for The department is not responsible for ensuring: that myGov is error free; that any defects in myGov will be rectified; or that you will have continuous access to myGov. The department is not responsible for any Loss that could arise as a result of your use of myGov or a Department Member Service or your inability to access myGov or a Department Member Service. The department cannot be sure and does not guarantee that the material on any Other Agency or Approved Digital Mail Service website is accurate, complete, current or does not infringe the intellectual property rights or any other rights of any person. Return to top  Go to definitions 3.3 Security The department is responsible for ensuring the security of: information while it is being collected by, stored on or passing through the myGov digital service; and the links from the department's systems to systems under the control of Other Agencies. Your myGov account information can only be accessed by department officers who are allowed to access this information. All access by department officers to myGov is checked by the department and officers are trained on a regular basis about their privacy and security obligations. You can find more information about the department's security responsibilities in the department's security statement. Other Agencies and Approved Digital Mail Service providers are responsible for the security of your information while it is collected by, stored on or passing through systems within their control. It is important that you read and comply with their terms of use (if any). Return to top  Go to definitions 3.4 Privacy Your personal information is protected by law, under the Privacy Act 1988 and is managed by the department (as the administrator of myGov) as set out in the myGov Privacy Notice. You can find more information about the way in which the department will manage your personal information by accessing the department's myGov Privacy Notice or the department's privacy policy. Return to top  Go to definitions 3.5 Linked Member Services The Other Agencies (or the department in relation to Department Member Services) are responsible for initially authenticating your identity for the purpose of linking your myGov account to the Member Services. Once you are linked to a Member Service, if you wish to access the Member Service again using myGov or a myGov Authentication Service, your identity will be authenticated by myGov (rather than by the Member Service). While the department will take all reasonable care in operating your myGov account, the department accepts no responsibility in respect of how the Member Services (apart from the department Member Services) operate. Return to top  Go to definitions 4. The Inbox 4.1 Inbox The myGov Inbox is a central and secure inbox where you can receive, view, print and save Messages from myGov and Participating Member Services. Return to top  Go to definitions 4.2 Receiving Messages By creating a myGov account or by accessing myGov on any myGov Platform (and provided you meet any additional Participating Member Service requirements) you are agreeing to receive in your Inbox all Eligible Correspondence from all Participating Member Services. For example, if you link to Centrelink, most of your incoming mail (with the exception of some mail that may need to be delivered in hard copy) will be sent electronically to your Inbox rather than via the post. If you wish to select an alternative method for receiving Eligible Correspondence (for example, if you wish to receive mail in hard copy via the post) you will need to tell the relevant Participating Member Service via their usual contact options. If you incorrectly receive a Message addressed to another person in your Inbox, you must tell the relevant Participating Member Service straight away. Return to top  Go to definitions 4.3 Notification of Messages When a new Message is received in your Inbox, you will receive a Notification via SMS or email based on what preference you have chosen. You are responsible for ensuring that your Notification Details, to select your preference for how you receive advice of new Messages, are kept up to date with each Participating Member Service. On receipt of a Notification you should promptly access your Inbox and read all new Messages (including any attachments). It is your responsibility to ensure you read all Notifications and Messages in a timely manner. Return to top  Go to definitions 4.4 Removal of Messages from Inbox Each Participating Member Service determines the length of time Messages will be displayed in your Inbox and your Messages will not be able to be accessed after that time. If you unlink a Participating Member Service, you will no longer be able to access any Messages from that Participating Member Service in your Inbox, whether or not you had read them. You will need to: print or save any Messages if you require copies before you unlink a Participating Member Service; and contact the relevant Participating Member Service to make other arrangements for receiving your Messages and any future correspondence. Return to top  Go to definitions 4.5 Member Service content The department accepts no responsibility for the content of a Participating Member Service Message (other than a Department Member Service Message) and makes no representations to you about its appropriateness, accuracy, currency or completeness. If you disagree with the content of a Message you should contact the relevant Participating Member Service. Return to top  Go to definitions 4.6 Inability to access your Inbox or a Member Service If, for any reason, you cannot access your Inbox (either temporarily or permanently), you should contact the relevant Participating Member Service(s) and make other arrangements for the delivery of your Messages. If, for any reason, your linked Member Services account(s) is locked, you will not receive any new Messages but any Inbox Messages received prior to the locking of the account will remain visible (unless otherwise not available in accordance with paragraph 4.4). Return to top  Go to definitions 4.7 Inbox forwarding The department may, from time to time, enable you to have your Messages forwarded to an Approved Digital Mail Service. If, for any reason, you: cannot access the Approved Digital Mail Service; or receive correspondence in your Approved Digital Mail Service account advising you to access your myGov Inbox, you should quickly access your myGov Inbox and read any unread Messages. If you ask the department to forward your Messages to an Approved Digital Mail Service, the department will not be responsible for the operation of that Approved Digital Mail Service (or its protection of your privacy), and you will need to review and accept the terms of use from the provider of the Approved Digital Mail Service. While the department undertakes due diligence of any Approved Digital Mail Service provider, the department is not responsible for any Loss that could arise as a result of the service provided by the Approved Digital Mail Service, even if the Approved Digital Mail Service provider acts improperly. If you are concerned that an Approved Digital Mail Service provider has acted improperly, please inform the department and follow the complaints process (if any) in the relevant terms of use for that Approved Digital Mail Service. The department may stop forwarding copies of your Messages to an Approved Digital Mail Service at any time, for any reason. If this happens, the department will take reasonable steps to provide you with prior notification. Return to top  Go to definitions 5. myGov Profile 5.1 Linking to Profile Member Services You will need to create a myGov Profile if you wish to link your myGov account to a Profile Member Service. The uses and disclosures that myGov may make of information contained in your myGov Profile are set out in the myGov Privacy Notice. If you were already linked to one or more Profile Member Service(s) prior to 26 April 2014 you will be given the option of creating a myGov Profile. Return to top  Go to definitions 5.2 Consent to the collection and use of myGov Profile information By using myGov or by accessing myGov on any myGov Platform, you consent to: a Profile Member Service using your name and date of birth for the purposes of creating your myGov Profile; myGov collecting your name and date of birth from a Profile Member Service for the purposes of creating your myGov Profile; myGov collecting any change that you make to your name and/or date of birth from a Profile Member Service for the purpose of updating or correcting your myGov Profile; myGov sharing your name and date of birth with a Member Service for the purposes of: linking your myGov account with a Member Service account; and notifying a Member Service of an update to your details when using the Update Your Details service; and a Member Service using your name and date of birth for the purposes of: linking your myGov account to a Member Service account; and updating the details stored in your Member Service account. Return to top  Go to definitions 5.3 Your Profile Member Service notification requirements You acknowledge that any notification to a Member Service of a change to your name or date of birth will not affect or reduce any obligation you have to notify that Member Service of any other change to your personal information. For example, if you notify Centrelink of your new married name, only your change of name may be updated by Centrelink. The notification of your change of name does not mean that this is a notification of a change in marital status with Centrelink and you will still be required to notify Centrelink directly about this. Return to top  Go to definitions 6. myGov Update Your Details 6.1 Update Your Details The myGov Update Your Details service allows you to notify selected Member Services of a change to your contact details in a single transaction. If you update your details in myGov, myGov will tell selected Member Services of the update. However, it is the responsibility of each Member Service to ensure that your records are updated in accordance with the Update Your Details notification. Return to top  Go to definitions 6.2 Update Your Details History Tab You acknowledge that: any Update Your Details transaction will appear in the History tab, along with the outcome of these updates for Member Services; you may be required to take further action with a Member Service to complete an update, as instructed in the History tab; and a Member Service may, at any time, change the action required to complete an update. Return to top  Go to definitions 6.3 Messages from Member Services Correspondence about your Update Your Details updates (such as notice of a successful or failed update) may be sent to your myGov Inbox regardless of any preference you have indicated in your Member Services online services accounts (for example, if you have opted to receive physical mail instead). Return to top  Go to definitions 7. myGov Platforms 7.1 Licence to use myGov Platforms The department gives you permission (in the form of a non-transferable, non-exclusive, revocable licence) to use all myGov Platforms on your compatible device(s) provided that you comply with these terms of use and any other applicable laws. Return to top  Go to definitions 7.2 Access to your hardware or software features When you use a myGov Platform, you may be asked for your permission to access certain hardware or software features of your compatible device. These features may include your camera, call functions or other features notified to you. Access to these features will be permitted if you give your consent, but only for the purpose of the particular functions of the myGov Platform (for example, access to the camera so that you can take a picture of a document and upload it to myGov). If you consent to the use of those features, neither the myGov Platform, nor the department, will have access to any other features or personal information on your device. Return to top  Go to definitions 7.3 Updates to a myGov Platform You should ensure that you download any available updates to any myGov Platform(s) used on your device(s). You acknowledge that if you do not update a myGov Platform, you may experience trouble accessing myGov and your linked Member Services. Return to top  Go to definitions 8. General 8.1 Suspension or termination of your myGov access The department may lock, suspend or terminate your myGov and/or Member Service access or account(s) at any time. Return to top  Go to definitions 8.2 Law relating to these terms of use Any legal questions about these terms of use will be decided by applying the laws of the Australian Capital Territory, Australia (ACT). If legal action is brought in a court in the ACT, you will not be allowed to argue that the matter should be heard in a court outside the ACT. However, the department will consider any reasonable request to bring legal action in a different State if there are appropriate reasons for doing so (for example, if you are unable to travel due to medical reasons). Return to top  Go to definitions 8.3 Help desk If you wish to contact the myGov helpdesk you should do so using the contact details at Contact us. Return to top  Go to definitions 8.4 Complaints and feedback Your feedback is important to us, we value your opinion and want to hear what you think about the quality of the department's service. The department will use your feedback to improve its services. The best way to leave your feedback is by visiting humanservices.gov.au/feedback or by calling the department's helpdesk (see paragraph 8.3 above). Return to top  Go to definitions 9. Definitions In these terms of use, the terms in column 1 of the following table have the meanings set out in column 2 of the table: Table of definitions for Terms of Use Term Meaning Approved Digital Mail Service An external secure digital mailbox approved by the department. department, us, we The Australian Government Department of Human Services or any Australian Government department which takes over the functions of the Department of Human Services. Department Member Services Member Services provided by the department. Eligible Correspondence Correspondence that a Participating Member Service determines is eligible to be sent to your Inbox, as varied from time to time in accordance with a Member Service's internal rules. Inbox An online correspondence service that enables you to receive, view, print and save Messages from myGov and Participating Member Services. Loss Any loss, damage, cost or expense (to any person or property), including: loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss. Member Services Organisations that provide services through myGov and are listed on the About myGov page on the myGov Website. Message Messages from myGov and Participating Member Services that you can receive, view, print and save via your myGov Inbox. myGov The myGov services which can be accessed on any myGov Platform. myGov Authentication Service A platform operated by certain Member Services that enables myGov users to login to the Member Service using their myGov Security Details. myGov Platform Any electronic platform or device on which myGov is accessed or used. myGov Profile Your name and date of birth as recorded with a Profile Member Service. myGov Security Details myGov username, password, PIN and/or secret questions and answers required to access your myGov account. myGov Website The my.gov.au website. Notification A Message notification which is made to your nominated mobile phone number or email address. Notification Details Details of your mobile phone number or email address for the purposes of receiving Notifications from Member Services. Other Agencies Other Australian Government or non-government entities. Participating Member Service A linked Member Service that sends Eligible Correspondence via the Inbox. Profile Member Service Any of the Medicare, Centrelink and the Australian Taxation Office Member Services. Update Your Details A myGov service that allows users to notify multiple Member Services of a change to their contact details in a single transaction. You, Your You, the reader of these terms of use and user of myGov. myGov and Privacy The Department of Human Services operates the myGov service on behalf of the Australian Government. The department takes the privacy of customer information seriously and an important element of the approach is to undertake rigorous and independent Privacy Impact Assessments of key services for which we are responsible. You can access the Privacy Impact Assessments undertaken on the myGov service on the Publications and Resources page of the Human Services website. The myGov service can be accessed through the myGov website. Return to top Privacy Notice The myGov website ("myGov service") is managed by the Department of Human Services (the department) on behalf of the Australian Government. This Privacy Notice applies to the myGov service only. Separate privacy notices apply to the Centrelink, Medicare and Child Support services and the other Australian Government agencies you may link to your myGov account. Centrelink, Medicare and Child Support services and other Australian Government agencies which participate in myGov are referred to as Member Services in this Privacy Notice. This Privacy Notice explains how the department collects, through the myGov service, personal information from you and: how the department will use and disclose that information; how the department will store and secure that information; and how you can access and alter your personal information. Return to top Collections When you are establishing a myGov account, you will be required to provide to the department, through myGov: an email address (and you may also provide a mobile phone number, for account creation and account administration including username recovery and password reset); and a password and at least three secret questions and answers. When the department receives this, you will automatically be provided with a username for your myGov account. The department will maintain audit logs of activity in relation to your account such as last sign in, attempted sign in and password changes, as well as other technical information relevant to the operation of your account. You can access much of the information from the department's audit logs in the account history area in your account. If you wish to link your myGov account to a Member Service's online account, the department may collect your personal information and send it to the Member Service, so that the department and the Member Service can undertake an authentication process to ensure that your myGov account is linked to the correct record. In relation to some Member Services, you may instead be able to link your myGov account to a Member Service's online account using a myGov linking code issued to you. The department will send the myGov linking code that you provide to the relevant Member Service that issued the linking code. The Member Service will validate the linking code and link your myGov account to the correct record. For these authentication processes you will be requested to provide to the Member Service the identification number relevant to that Member Service (for example, your Centrelink Customer Reference Number if linking to Centrelink, or your Tax File Number if linking to the Australian Taxation Office). The department will collect either your email address or mobile phone number, or both, together with your notification preference so that it can send you a notification that you have received a message in your myGov Inbox. The department will pre-populate your notification preferences with the details that it holds for account recovery purposes, and you will need to either confirm or update these details before you first use the myGov Inbox services. You can change your notification preferences within myGov at any time. You may opt out of receiving any further messages through the myGov Inbox from your linked participating Member Services at any time, by contacting the Member Services directly. You can only create a myGov Profile in your myGov account if you link your myGov account to either Centrelink, Medicare or the Australian Taxation Office. Your myGov Profile contains your name and date of birth, which is provided to myGov by Centrelink, Medicare or the Australian Taxation Office. Any updates to your name or date of birth that you subsequently provide to Centrelink, Medicare or the Australian Taxation Office will also (if your accounts with the relevant agency remain linked to your myGov account) be provided to myGov and updated in your myGov Profile. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. Your myGov Profile information will be shared with linked participating Member Services when using the myGov Update Your Details service. The department will also collect personal information from you and the status of your updates from relevant Member Services when you use the Update Your Details service, for the purpose of administering that service. To find out more about the Update Your Details service visit the Update Your Details information page. If you do not provide your email address, you will not be able to create a myGov account or use the myGov Inbox service. If the department does not collect your name and date of birth from an existing record in a Profile Member Service, you will not be able to create a myGov Profile or link Profile Member Services to your myGov account. Return to top Uses and Disclosures The department will use your personal information, or disclose it to another organisation or government agency, for the purposes for which you or a Member Service gave it to us. Those purposes include establishing, maintaining and performing administration in relation to your myGov account and the links between that account and the Member Services, and providing you with the Update Your Details service. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. When you use the myGov Update Your Details service, your myGov Profile information will also be shared with Member Services that you have linked your myGov account to and who are participating in the myGov Update Your Details service. In addition, the department may, use your personal information, or disclose it to another organisation or government agency, if: it is necessary to provide you with a service that you have requested (including enabling us to link your accounts providing the myGov Inbox service, creating your myGov Profile, and notifying Member Services of updated details through the Update Your Details service); it is necessary to complete an activity that you have chosen to undertake; you consent to the particular use or disclosure; the use or disclosure is reasonably necessary to lessen or prevent a threat to the life, health or safety of an individual, or to public health or safety or where the use or disclosure is reasonably necessary in order for the department or another government agency to take appropriate action in relation to suspected unlawful activity or misconduct; or the use or disclosure is required or authorised by law. Centrelink will use the contact details (email address or mobile telephone number) contained in your notification preference for your myGov Inbox to: let you know when it has sent you a message to your myGov Inbox; update the contact details that Centrelink holds for you; and either subscribe you for Centrelink's Electronic Messaging service or, if you are already subscribed, to update your contact details for that service. For Terms and Conditions for this Centrelink service go to humanservices.gov.au/em. If your myGov account is already linked to Centrelink when you first confirm your notification preferences, then Centrelink will use the details in your myGov preferences at that time. If you link your myGov account to Centrelink after you first use myGov Inbox, Centrelink will use the details in your myGov notification preferences at the time you link your myGov account to Centrelink. As Centrelink's records are separate to myGov, changing your myGov notification preferences or unlinking your myGov account from Centrelink would not automatically update the information relating to your notification preferences held in Centrelink records. You would need to update this information directly with Centrelink. If you need to update the information in your myGov Profile, you will need to contact the agency that originally provided this information to myGov (either Centrelink, Medicare or the Australian Taxation Office) to do so. If one of Centrelink, Medicare or the Australian Taxation Office notifies myGov of an update to the information in your myGov Profile, myGov may update your myGov Profile with this information and pass this update onto the other two agencies (if your myGov account is linked to your account with that agency at the time of the update). We will not disclose the personal information you provide to us to any overseas recipient. Return to top Cookies The department only analyses non-identifiable website traffic data to improve our services for the myGov website service. Cookies are pieces of information that a website can transfer to an individual's computer. We only use session-based cookies (temporary cookie files, which are erased when you close your browser) for the single sign-on service and to gather anonymous website usage data to help improve the structure and functionality of myGov. We do not use persistent cookies (cookies that remain on your hard drive until you erase them or they expire). You can change your web browser settings to reject cookies or to prompt you each time a website wishes to add a cookie to your browser. Some functionality on the myGov website may be affected if you reject cookies. The department will not attempt to identify you or your browsing activities. Return to top Data security The department takes reasonable steps to protect the personal information that it holds against loss, unauthorised access, use, modification or disclosure and against other misuse of data. These steps include storing electronic files in secure facilities, encryption of data, conducting regular backups of data, using audit and logging mechanisms and having physical access restrictions in place. Subject to the department's record-keeping obligations under the Archives Act 1983, personal information is destroyed in a secure manner, if it is no longer required. Return to top Access to and correction of your personal information You may gain access to any personal information collected and held as a result of the management of myGov unless the department is required or authorised by law to refuse to allow you to access the record. You can ask the department to amend information it holds about you if you consider that the information is misleading or is not complete or up to date. The department will make the amendment you request unless there is a sound reason under law not to make the amendment. The department will explain its reasons to you, if we decide not to amend the information. If the department refuses to make the amendment that you request, you may ask that a statement regarding the amendment that you have sought be added to your information. To protect your privacy and the privacy of others, the department may need to have evidence of your identity before we can give you access to information about you or change the information in your myGov account. As mentioned in this notice, the department will only be able to update the name and date of birth contained in your myGov Profile if the update is validated by Centrelink, Medicare or the Australian Taxation Office. The department's privacy policy contains information about how you can access personal information about you that the department holds, and seek the correction of this information. Return to top How to contact us If you wish to access your personal information, or if you are concerned about how myGov has collected or managed your personal information, please call Customer Relations on 1800 132 468 or the Teletypewriter (TTY) phone on 1800 000 567. The department's privacy policy contains information about how you can complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint. Vaya Direct Debit Agreement This agreement is with Vaya Pty Ltd (ABN: 18 150 761 032).  1. Our commitment to you  Where you have a service with Vaya Pty Ltd that does not include account usage charges, we will not change the amount or frequency of drawing arrangements without your prior approval.  Where you have a service with Vaya Pty Ltd that does include account usage charges, the amount and frequency of the drawing arrangements will be as per the terms and conditions of your service agreement with us. This may require drawing at various times in the month to cover the usage charges you have incurred.  Vaya Pty Ltd will not disclose your details except where necessary to Vaya Pty Ltd's financial institution and for the purposes of conducting direct debits with your financial institution.  Vaya Pty Ltd will give you at least 14 days notice in writing if there are changes to the terms of the drawing arrangements.  For monthly recurring subscription charges, Vaya Pty Ltd will draw from your nominated financial institution account normally 7 days prior to the expiry of your current account's subscription period. If the due drawing date is not a business day, Vaya Pty Ltd will draw on the business day before or after that date.  2. Your commitment to us You agree and understand that by creating an account with Vaya Pty Ltd, we will use your nominated credit card account for ongoing drawing arrangements unless you contact us and tell us to stop that drawing arrangement. You must enter a valid credit card in order to open an account with Vaya Pty Ltd and commence a drawing arrangement. It is your responsibility to:  Ensure your nominated account can accept direct debits.  Ensure there are sufficient funds available in the nominated account to meet each drawing. The due balance will be deducted from the nominated bank account/credit card on the due date of the invoice each month.  Advise us if the nominated account is transferred or closed, or the account details change.  Arrange an alternative payment method acceptable to Vaya Pty Ltd if Vaya Pty Ltd cancels the drawing arrangements.  Ensure that all account holders on the nominated financial institution account either sign or verbally agree to the Direct Debit Authorisation.  A fee of $10 applies if the financial institution rejects a Direct Debit transaction. Available payment methods are by bank account direct debit or by credit card. If you wish to change your payment method, please contact Customer Service.  3. Your rights  If you wish to alter the drawing arrangements for your next direct debit and your service does not include usage charges, please contact Vaya Pty Ltd at least 7 days prior to the due date of your service package renewal. Otherwise if your service does include usage charges, please contact Vaya Pty Ltd immediately to allow this change to be processed or make other arrangements as soon as possible. Vaya Pty Ltd cannot guarantee that changes can be made in time for the next direct debit but will strive to achieve this wherever possible. The drawing arrangements may include:    a) stopping an individual drawing    b) altering the DD Authorisation    c) cancelling the DD Authorisation   d) changing to another payment method, such as BPay To change a drawing arrangement or payment method please contact our support team at 1300 800 292 or email talk@vaya.net.au  Where you consider that a drawing has been initiated incorrectly, you should first contact Vaya Pty Ltd Customer Service. If you are not satisfied with the response, please contact our complaints team via: http://www.vaya.net.au/?option=Complaints. Vaya Pty Ltd has formal procedures for dealing with a complaint. You may also direct any disputes, stops or cancellations through your financial institution.  4. Other information Vaya Pty Ltd reserves the right to cancel drawing arrangements if drawings are dishonoured by your financial institution. Your drawing arrangements are also governed by the terms and conditions of your Vaya Pty Ltd account. UQ mySI-net Plagiarism Detection Work submitted may be subjected to a plagiarism detection process. If this process is used then copies of this work would be retained and used as source material for conducting future plagiarism checks. UQ mySI-net Privacy Statement The University of Queensland (we) complies with Australian and Queensland privacy laws and guidelines. We treat personal information we collect as confidential. We will only use personal information you give us for our administrative or educational purposes, to assist you to improve your success and experience as a student, and keep in touch with you after you graduate. To comply with legal and administrative obligations, we routinely supply personal information to government agencies. We will not give anyone else your personal information unless you agree or the law says we must. We may use personal information to prepare statistical information which we may then distribute but only in a form that does not identify any one. Queensland Rail Free WiFi terms and conditions Please read these terms and conditions carefully; they govern your use of this wireless local access network service (“the Service”). The Service may be interrupted from time to time due to system performance measurements or other configuration changes. There is no guarantee that the Service will be available at all times, nor that the performance of the Service will be suitable to provide internet access. The Service is presently available free of charge however, Queensland Rail reserves the right to charge for the Service in the future or charge for any premium services which may become available. 1.0 THE SERVICE The Service is a wireless data service using radio frequency to provide access on the passenger cars of the train. Wireless connections are then used to create the connection between the train and the internet. When you are located within the radio frequency coverage area of a location, you may connect to the Service using your computer equipment. The Service is dependent on the suitability of your computer equipment. Nomad offers the Service for activities such as the active use of e-mail, and browsing the World Wide Web. 2.0 INFORMATION ABOUT THIS SERVICE The landing page (“Landing Page”) and these terms and conditions (“Terms and Conditions”) are operated by Nomad Digital Pty Ltd (ACN 152 725 936) (“Nomad”) for Queensland Rail Limited (ACN 132 181 090) (“Queensland Rail”). There may be times when the Service is unavailable due to testing or system configuration changes. In these Terms “us”, “we” or “our” means Nomad and “you” or “your” means the individual using the Landing Page, the Terms and the Service. 3.0 TERMS COVERING YOUR USE OF THIS SERVICE For that reason these Terms are important and you should ensure that you read them carefully. By using the Service you acknowledge and agree that you have read and understood the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Service. We reserve the right, at our discretion, to modify, add to or remove or update any of the Terms at any time without further notice to you or without giving you any explanation or justification for such change. You should check these Terms from time to time to ensure you are happy with any changes. Your continued use of the Service following the updating of the Terms shall mean you accept those changes. We advise you to save a copy of them for your information in the future. 4.0 LICENSE GRANTED TO YOU We grant you a non-exclusive, non-transferable licence to use the Service in accordance with the Terms. We may terminate this licence at any time if you are in breach of any of the Terms. 5.0 THIRD PARTY MATERIALS The Landing Page, these Terms and the Service may contain trademarks and other material belonging to third parties. Copyright rests with the third party and is subject to all relevant Copyright and Trademark laws. Nothing contained on the Landing Page, these Terms or the Service shall be construed as us granting any licence or right of use for any trademark or other material without the express written permission of the relevant owner. The Landing Page, these Terms and the Service may also contain links to third party websites as well as content added by people other than us. We do not endorse, sponsor or approve any content available on any linked website. If you enter a third party website via one of these links you do so at your own risk. If you contact a third party using functionality provided on the Landing page, these Terms or through the Service, including via email we accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party. We reserve the right to terminate any link at any time. We may from time to time include advertising by third parties on the Service. 6.0 INTELLECTUAL PROPERTY RIGHTS The Landing Page, these Terms and the Service may contain material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, graphics and any documents on the Landing Page and in these Terms as well as any other content. It is protected by intellectual property laws including, but not limited to, copyright. You acknowledge and agree that, as between you and us we either own or (where acknowledged) licence all intellectual property rights in the Landing Page. Nothing in the Term constitutes a transfer of any intellectual property rights. All trademarks reproduced on the Landing Page, in these Terms or in the Service which are not the property of or licensed to Nomad/Queensland Rail are acknowledged. You may view, use, and download material on the Landing Page and the Terms for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of such material to third parties is prohibited. Unauthorised use of the Landing Page or the Service may give rise to a claim for damages and/or be a criminal offence. 7.0 ACCURACY OF INFORMATION Any information contained on the Landing Page, in these Terms or the Service is given in good faith and for general information and interest only. It is subject to change without notice. We are not responsible for any inaccuracies and make no representation, give no warranty or guarantee that the information is current, accurate and free from omissions or errors. Any information given on the Landing Page, in these Terms or by the Service should not be relied on and does not constitute any form of advice or recommendation. By accessing the Landing Page, the Terms and the Service you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to in the Landing Page, Terms or through the Service are entirely at your sole risk and responsibility. As a result, you should not rely on this information, and we recommend that you take further advice or seek further guidance before taking any action based on any information obtained through the Landing Page, the Terms or through the Service. Our liability to you as explained in the Liability clause of these Terms and Conditions remains unaffected by this. 8.0 NO GUARANTEES AS TO SECURITY We do not warrant that any information, software or other material accessible through the Landing Page, Terms or Service is free of viruses, worms, Trojan horses or other harmful components. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems. We disclaim all liability to you to the greatest extent possible pursuant to law should this occur. Nomad/Queensland Rail assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Service. Nomad/Queensland Rail is not responsible for the content of any website accessed or used via the Service. Your access to and use of any website or network connection whilst using the Service is entirely at your own risk. 9.0 YOUR OBLIGATIONS AND RIGHTS You are responsible at your own expense for having suitable computing equipment such as laptop or pocket personal computers with wireless LAN (IEEE 802.11b or IEEE 802.11g) and associated software and configurations for use with the Service. You will be sharing your trip with others so please consider the privacy, peace and personal space of others. Please make sure you behave in a way which does not disturb or cause offence to your fellow passengers. You must not use the Service to: make high volume data transfers, especially sustained high volume data transfers; host a web server or any other server; access someone else's account; send unsolicited bulk e-mail; collect other people's personal data without their knowledge; interfere with other network users; for any defamatory or illegal purpose; disturb or cause offence to others; access content with respect to adult or sexually explicit material, criminal activity, games, hacking, intolerance and hate, personals and dating, advertisements and pop-ups, alcohol and tobacco, chat, gambling, illegal drugs, intimate apparel and swimwear, peer to peer, phishing and fraud, proxies and translators. We reserve the right to filter the traffic on this Service, at all times and the following items/ conditions are to apply to the traffic: 1 Only HTTP, HTTPS and email traffic will be allowed. 2 FTP, VPN and Peer to Peer traffic will not be transported. 3 Web access to the categories outlined in Your Obligations and Rights will be filtered.We reserve the right to suspend the Service if we: (a) reasonably believe that your use of the Service is unreasonably excessive (i.e., in excess of 21 megabytes per four hour period); or (b) reasonably believe that you are using the Service for criminal or illegal activities; or (c) you are otherwise in breach of these Terms. You do not have the right to resell this Service to a third party. 10.0 LIABILITY The Terms do not exclude the Our liability (if any) to you for personal injury or death resulting from Our negligence, for fraud or for any matter in respect of which it would be illegal for Us to exclude or to attempt to exclude its liability. 1 the use of or access to the Landing page, Terms or the Service; or 2 the inability to use or access the Landing page, Terms or the Service; or 3 unauthorised access to your transmissions or data or statements; or 4 the conduct of any third party. To the full extent permitted by law we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and do not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied, as to condition, satisfactory quality, performance, durability, fitness for purpose or otherwise of the Landing Page. No liability will be accepted by Nomad or Queensland Rail for any loss, or damage caused by the use of this Service. We do not guarantee that the Landing Page, the Terms or the Service will be compatible with all hardware and software which you may use. We do not guarantee the Service can be accessed at all times and/or at all locations within Queensland Rail’s network. You understand and agree that prior to your use of the Landing Page, the Terms or the Service; it is your responsibility to make sure that your computer system or access device has been completely backed up. We are not responsible for loss of computer programme data or information. We shall not be liable to you if you cannot use and/or access the Landing Page, the Terms and or the Service because: of any power outage; a location or our network is undergoing maintenance as previously scheduled and noticed on our website or the Landing Page; or the Service has been suspended or interrupted because of a reason outside of our reasonable control. WE ARE ONLY LIABLE TO YOU FOR LOSSES WHICH YOU SUFFER AS A RESULT OF A BREACH OF THESE TERMS BY US. WE ARE NOT RESPONSIBLE TO YOU FOR ANY LOSSES WHICH YOU MAY INCUR WHICH WERE NOT A FORESEEABLE CONSEQUENCE OF OUR BREACHING THESE TERMS, FOR EXAMPLE IF YOU AND WE COULD NOT HAVE CONTEMPLATED THOSE LOSSES BEFORE OR WHEN YOU ACCESSED OR USED OUR SERVICES. OUR LIABILITY TO YOU SHALL NOT IN ANY CIRCUMSTANCES INCLUDE LOSSES RELATING TO ANY BUSINESS, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR BUSINESS INTERRUPTION. THESE TERMS AND CONDITIONS ARE TO BE READ SUBJECT TO ANY LEGISLATION WHICH PROHIBITS OR RESTRICTS THE EXCLUSION, RESTRICTION OR MODIFICATION OF ANY IMPLIED WARRANTIES, CONDITION OR OBLIGATION. IF SUCH LEGISLATION APPLIES, TO THE EXTENT POSSIBLE, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION TO DIRECT LOSS AND TO THE SUM OF FIVE HUNDRED DOLLARS ($500). 11.0 INDEMNITY You shall at all times indemnify us and keep us indemnified and hold us harmless from and against any loss (including reasonable legal costs and expenses), damage, claims, liabilities, costs and proceedings that we may incur or suffer arising out of or in connection with your use of the Service or out of or in connection with a breach of the Terms by you. 12.0 GENERAL You must not assign, sublicense or otherwise deal in any way with any of your rights under these Terms. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. These Terms will terminate if, for any reason, we cease providing the Services. Termination will not end those provisions that are capable of surviving termination. 13.0 PRIVACY POLICY When you access the Service via the Landing Page and these Terms your device ID (MAC Address) is recorded by the system to track your usage. This information is used to identify your device only. When you use the Internet via the Service, all your Internet traffic and e-mail passes through our servers. All of the transmissions from your device via this service will be filtered as per the categories set out in the Your Obligations and Rights. However, we do not and will not monitor, read or examine that traffic at any time in such a way as to see any personal data unless at any time we are required to do so by law. We reserve the right to collect, collate and use any data or user information which results from use of the Service for internal use only by Queensland Rail and subject to the Privacy Act 1988 (Cwth). Weaved Terms of Use Last updated Feb 21, 2015 Introduction Welcome to the Weaved, Inc. website and service (collectively, the ‘Service’).These Terms of Use for the Service is a legal contract between you, an individual user or a single entity, and Weaved regarding your use of the Service. The terms “you,” “your,” and “yours” refer to you, the user of the Service. The terms “Weaved,” “Company,” “we,” “us,” and “our” refer to Weaved, Inc. We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE ‘TERMS OF USE’ OR ‘TERMS’). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICE. License to use the service Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal or internal business use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in these Terms of Use. Except for this license granted to you, we retain all rights, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service. Access to the Service; Modifications to the Service We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers). If you are using the Service on behalf of a company, entity, or organization, then you represent and warrant that you: (a) are an authorized representative of that organization with the authority to bind such organization to these Terms and (b) agree to be bound by these Terms on behalf of such organization.We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability. We reserve the right, at any time, to change or impose fees for access to and use of the Service. In order to use the Service, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS IN THIS SECTION. IN ANY CASE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13, AS THE SERVICE IS NOT INTENDED FOR CHILDREN UNDER 13. Content The Service allows you and other third parties to retrieve, process and/or access information using the Service, including media, text, audio and video recordings, photos, graphics, commentary or any other content (“Content”) and to host and/or share such Content. You are the owner of your Content and are solely responsible for your conduct and the content of your Content, as well as any of the content contained in your communications with other users of the Service, and you are solely responsible for the consequences of accessing, retrieving or making available such Content. You are solely responsible for maintaining and protecting all data and information that you access, retrieve or make available, or that is otherwise processed, through the Service. In connection with Content, you affirm, represent and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to enable use of the Content in the manner contemplated by the Service and these Terms, and (ii) your use or making available of the Content on or through the Service does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person, or (C) violate any applicable law or regulation. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Content accessed, retrieved, made available or that is otherwise processed, by you on or through the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available on the Service are those of the respective authors or producers and not of the Company, or its stockholders, directors, officers, or employees. Content is not controlled by Weaved. Weaved does not guarantee the accuracy, integrity or quality of Content and makes no representations that your Content will remain accessible via the Service in any way and may terminate your access to the Service in its sole discretion. YOU UNDERSTAND THAT WEAVED DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY CONTENT. If at any time, Weaved chooses, in its sole discretion, to monitor Content, Weaved nonetheless assumes no responsibility for Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, usefulness, or legality of such Content. Restrictions The Service is controlled and hosted in the United States of America. You must comply with all applicable laws, including U.S. export control laws, when using the Service. Weaved makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with all applicable local laws. Except as may be expressly permitted by applicable law or authorized by the applicable holder of intellectual property rights to any of the Content made available on the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the Content or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own personal or internal business use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content. Privacy policy Your privacy is important to Weaved. Our collection and use of registration and other information about you is governed by our Privacy Policy available at http://www.weaved.com/privacy-policy. Please read this policy carefully for information relating to Weaved’s collection, use, and disclosure of your personal information. Links and third party content The Service may contain links to third party products, services, and websites. We exercise no control over such third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through any third party products, services, and websites. ACCESS AND USE OF ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH ANY THIRD PARTY PRODUCTS, SERVICES OR WEBSITES, IS SOLELY AT YOUR OWN RISK. Password If you register, you will be asked to provide a password. You agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify Weaved if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. YOU MAY BE LIABLE FOR THE LOSSES INCURRED BY WEAVED OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT. Submissions You agree that the Company is free to use any images, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Service without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you affirm, represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service. Use restrictions You are solely responsible for any Content and other material that you submit, publish or display on the Service or transmit to other users of the Service. You will not use the Service to: (a) upload, post, publish, or otherwise transmit or make available any information, including media, text, audio and video recordings, photos, graphics, commentary or any other content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm the Company or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, publish, or otherwise transmit or make available any content that you do not have a right to transmit or make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, publish, or otherwise transmit or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, publish, or otherwise transmit or make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (j) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (k) “stalk” or otherwise harass another; (l) write comments that in any way refer to persons under 18 years of age or upload, post, email, or otherwise transmit or make available any material that would be harmful to minors in any manner; or (m) collect or store personal data about other users. If you see content on the Service that violates these use restrictions, please contact Company at violations@weaved.com. Disclaimer of warranties YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE OR CONTENT, AND YOU RELY ON THE SERVICE AND CONTENT AT YOUR OWN RISK. ANY CONTENT OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, DOWNLOAD OR USE OF ANY INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION, MATERIALS, OR DATA OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Limitation of liability THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT OR THE INABILITY TO USE THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Copyright infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@weaved.com and provide the Company’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Company’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below. Indemnification You will indemnify and hold the Company, and its parent, subsidiaries, affiliates, and the officers, directors, agents, employees and representatives of any of them, harmless from any and all claims, losses, obligations, costs, damages, liabilities and expenses (including attorneys’ fees) caused by your use or misuse of the Service or Content, your violation of these Terms of Use, your violation of any rights of a third party through use of the Service or Content, including claims that any Content infringes or violates any third party intellectual property rights, or any unauthorized use of your account not caused by the Company. Updates to these Terms of Use We may occasionally update the Service and these Terms of Use. When we do, we will revise the ‘last updated’ date on these Terms of Use. You should check the Service and these Terms of Use frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions. Legal notices Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Service will lie in the State and Federal courts located in Santa Clara County, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of Weaved to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are entire and exclusive agreement between you and Weaved relating to the subject matter herein and supersedes any prior agreements between Weaved and you regarding said subject matter. WEAVED END USER LICENSE AGREEMENT LICENSE GRANT. Subject to the provisions contained herein and payment of applicable fees, Weaved Inc hereby grants to you a non-exclusive, nontransferable, license to use its accompanying proprietary software application products offered on the Weaved Inc web site (“Software”) for your own use. Such Software is protected by the laws of the United States and international treaties. RESTRICTED USE. All rights not expressly granted herein are retained by Weaved Inc and its licensors. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer  shall not rent, lease, transfer or sublicense the Software. Customer shall not under any circumstances nor shall Customer permit a third party to: Decompile, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or Prepare derivative of the Software or remove any product identification, Weaved Inc, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of Weaved Inc’s notices regarding Weaved Inc’s, trademarks and other proprietary rights as contained in the Software originally provided to you. You may only utilize the Software for Your personal, individual and commercial use. You may not use the Software to provide time-sharing or service bureau services to third parties.  All rights not expressly granted under this Agreement are reserved by Company. Weaved has right to restrict or limit the amount of bandwidth and time of use at any time and without notice. TITLE. The Software’s organization, structure, sequence, logic, and source code are valuable to the Company.  Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in Weaved Inc and/or its suppliers.  Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable Weaved Inc or other law. This License does not give Customer any rights to such content. LIMITED WARRANTY. Weaved Inc  warrants to the Customer, for a period of  thirty (30) days from installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material  specifications set forth in the documentation, Such warranties are for the Customer’s benefit only and  are not transferable. Weaved Inc does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed “as is” and Weaved Inc  specifically excludes and disclaims all warranties of merchantability, fitness for a particular purpose, statutory non-infringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Weaved Inc  OR ITS SUPPLIERS OR RESELLERS BE  LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF Weaved Inc ‘s LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF Weaved Inc  SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THIRD PARTY SOFTWARE. The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at the end of this document and are made a part of and incorporated by reference into this License Agreement. By accepting this License Agreement, you are also accepting the additional terms and conditions, if any, set forth therein. TECHNICAL SUPPORT.  Weaved free software cannot guarantee and/or provide technical support for the Software is provided by Company.  We do offer a user forum where Weaved’s register users can post issues or questions. EXPORT CONTROLS You (Customer) agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.  Specifically, Customer covenants that it shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Weaved, Inc. under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Weaved, Inc. from and against any fines or penalties that may arise as a result of Customer’s breach of this provision.  This export control clause shall survive termination or cancellation of this Agreement. The Weaved desktop software is classified as ECCN 5D992. DENIED/RESTRICTED PARITIES LIST. You (Customer) may not download, use or otherwise export the Software to individuals or entities listed on the U.S. government’s Denied/Restricted Parties List without first obtaining a license. Please review the U.S. Bureau of Industry and Security’s lists to check, at http://www.bis.doc.gov/index.php/regulations/commerce-control-list-ccl TERMINATION. This Agreement is effective until terminated. Weaved Inc may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein.  Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure.  Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement.  Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation.  At Weaved Inc’s request, Customer or any of Customer’s authorized signatory on the account, shall certify in writing to Weaved Inc that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer’s possession or under its control. The provisions of this Agreement except for the Section 1, “License Grant,” shall survive. MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TERMS SET FORTH HEREIN, AND Weaved Inc AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the law of California as such law applies to agreements between California residents entered into and to be performed entirely within California except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is Weaved Inc. 341 Hawthorne Avenue, Palo Alto CA 94301 Weaved Proprietary software may be linked with the following code which contains the following copyrights: SHA1 Code: /* ————————————————————————— Copyright (c) 2002, Dr Brian Gladman, Worcester, UK.   All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder’s name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above. DISCLAIMER This software is provided ‘as is’ with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. ————————————————————————— Issue Date: 01/08/2005 */ brg_endian code: /* ————————————————————————— Copyright (c) 2003, Dr Brian Gladman, Worcester, UK.   All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder’s name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above. DISCLAIMER This software is provided ‘as is’ with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. ————————————————————————— */ brg_types code: /* ————————————————————————— Copyright (c) 1998-2006, Brian Gladman, Worcester, UK. All rights reserved. LICENSE TERMS The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that: 1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer; 2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials; 3. the copyright holder’s name is not used to endorse products built using this software without specific written permission. ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above. DISCLAIMER This software is provided ‘as is’ with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose. ————————————————————————— Issue 09/09/2006 RC4 Code: rc4.h Copyright (c) 1996-2000 Whistle Communications, Inc. All rights reserved. Subject to the following obligations and disclaimer of warranty, use and redistribution of this software, in source or object code forms, with or without modifications are expressly permitted by Whistle Communications; provided, however, that: 1. Any and all reproductions of the source or object code must include the copyright notice above and the following disclaimer of warranties; and 2. No rights are granted, in any manner or form, to use Whistle Communications, Inc. trademarks, including the mark “WHISTLE  COMMUNICATIONS” on advertising, endorsements, or otherwise except as such appears in the above copyright notice or in the software. THIS SOFTWARE IS BEING PROVIDED BY WHISTLE COMMUNICATIONS “AS IS”, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISTLE COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHISTLE COMMUNICATIONS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THIS SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. IN NO EVENT SHALL WHISTLE COMMUNICATIONS BE LIABLE FOR ANY DAMAGES RESULTING FROM OR ARISING OUT OF ANY USE OF THIS SOFTWARE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF WHISTLE COMMUNICATIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. * $FreeBSD: src/sys/crypto/rc4/rc4.h,v 1.2.2.1 2000/04/18 04:48:32 archie Exp * $ */ asi-http-request: /* asi-http-request https://github.com/pokeb/asi-http-request/blob/master/LICENSE Copyright (c) 2007-2011, All-Seeing Interactive. All rights reserved. * Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the All-Seeing Interactive nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY All-Seeing Interactive ”AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL All-Seeing Interactive BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. */ JSON Framework /* A strict JSON parser and generator for Objective-C http://stig.github.com/json-framework Copyright (C) 2009-2010 Stig Brautaset. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Weaved Privacy Policy Last updated Dec 29, 2014 Weaved, Inc. (“Weaved”) is pleased to provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personally identifiable information we receive from you and other users of the Weaved service, through our software and our website located at http://www.Weaved.com (the “Website”). Such service, the software and Website are collectively referred to in this Privacy Policy as the “Service.” This Privacy Policy applies only to information that you provide to us through the Service. Weaved reserves the right to update this Privacy Policy from time to time, and we will notify you of any material changes by posting the new Privacy Policy on the Website at http://54.237.3.31/privacy-policy/. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of the Service will be subject to the then-current privacy policy. Information we collect The data that we regularly collect about visitors to the Website (e.g., IP address, browser type, pages accessed, duration of visit, etc.) does not necessarily enable us to personally identify you, and that is not our intention. We do collect personally identifiable information about you, such as your name and email address, when you voluntarily provide it by registering with us or using the Service. Once you become a user, you may provide additional information. Providing additional information is optional. To facilitate your use of the Service, Weaved may automatically collect certain types of information when you access or use the Service. In order to collect this data, Weaved may utilize automated tools and files such as “cookies.” These automated tools and files may reside on our servers or on your computer or device. If you restrict our ability to use automated tools and files, your ability to access and use all or part of the Service may be limited or disabled completely. Use of information Weaved uses your personally identifiable information primarily for the following purposes: (i) to provide and improve our Service, features and content, (ii) to administer the service, including to verify your authority to access the Service, (iii) to provide customer support for the Service, (iv) to fulfill requests you may make, (v) to personalize your experience, (vi) to provide or offer software updates and product announcements, and (vii) to provide you with further information from us that we believe you may find useful or interesting. We use information we obtain by technical means (such as the automatic recording performed by our servers or through the use of cookies) for the above purposes and in order to monitor and analyze use of the Service, for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and website use behavior of our users, and to verify that users of the Service meet the criteria required to process their requests. Controlling your personal information Weaved may make available to users chat rooms, forums, message boards, and other interactive features. You should be aware that when you voluntarily disclose personally identifiable information (e.g. user name, e-mail address) via forums, postings, profiles or other areas of the Website, that information, along with any substantive information disclosed in your communication, can be collected, correlated and used by third parties and may result in unsolicited messages from other posters or third parties. Such activities are beyond the control of Weaved. Please do not post any personal information on the Website or in other areas that you expect to keep private. Weaved may disclose your personal information to third parties from time to time in our sole discretion. For this reason you should not disclose information to Weaved that you do not want shared with third parties. In addition to the foregoing, Weaved will disclose your personally identifiable information as Weaved believes is reasonably necessary to comply with law, regulation or other governmental authority, to protect the property and rights of Weaved or a third party, to protect the safety of the public or any person, or to prevent or stop any activity Weaved may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. Weaved may also contract with various third parties who help us provide and maintain the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). In these cases, we will use commercially reasonable efforts to prevent such third parties from disclosing your personal information, except for the purpose of providing the services in question. Additionally, as part of the Service, Weaved will make your profile information available to other users of the Service. Finally, Weaved may disclose your personally identifiable information upon a transfer or sale to another entity of all or substantially all of Weaved’s stock or assets in Weaved’s line of business to which this Privacy Policy relates or upon any bankruptcy or other corporate reorganization. For your convenience, we may provide links to certain third party websites or referrals to certain third parties’ products or services. If you choose to visit a third party’s website or use its products or services, please be aware that the third party’s privacy policy, and not the Weaved privacy policy, will govern your activities and any information you disclose while interacting with the third party. Because any personally identifiable information you submit to Weaved is purely voluntary and should not be of a particularly sensitive nature, we employ our standard security measures with respect to this information and do not use special encryption methods at this time. Weaved user accounts are secured by user-created passwords. Please note that Weaved cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Collection of information from children We do not knowingly collect personally identifiable information relating to children. In the event that we learn that we have collected personally identifiable information from anyone under 13 years of age without prior parental consent, we will take steps to promptly delete such information. By providing your personal information to Weaved, through the Service, you represent that you are 13 years of age or older. International visitors and users The Website is hosted in the United States. If you are visiting from the European Union (EU) or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to: The use of your personal data for the purposes identified above in accordance with this Privacy Policy; and The transfer of your personal data to the United States as indicated above. No error free performance Weaved does not guarantee error-free performance under this Privacy Policy. We may not always catch an unintended privacy issue, despite our efforts to do so. Accordingly, we welcome your feedback regarding any privacy concerns that you may have, including how we can improve this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with it. This Privacy Policy is subject to the terms in our Terms of Use, available for review at http://www.weaved.com/terms-of-use, including terms regarding limitations on damages, disclaimers of warranties, and resolution of disputes. Our Terms of Use take precedence over any conflicting provision in this Privacy Policy. MyGov Terms of Use 1. Introduction 1.1 About these terms of use These terms of use describe what you need to know and understand about your rights and responsibilities as a user of myGov. This includes the use of myGov on any myGov Platform, including: the myGov Website; and a myGov Authentication Service. By creating a myGov account or by accessing myGov on any myGov Platform, you are agreeing: to be bound by these terms of use; and to comply with all of your responsibilities, as set out in these terms of use. Some of the words in these terms of use have a particular meaning. These words, and the meaning of these words, are set out in the definitions table at section 9 of these terms of use. You should refer to the definitions table when reading these terms of use. You can skip to the definitions table by selecting 'Go to definitions' at the end of each paragraph. Return to top Go to definitions 1.2 About using myGov myGov is operated by the Australian Government, as represented by the Department of Human Services (the department). Once you create a myGov account, you will be able to access a range of services from Member Services, by linking your myGov account to one or more of the Member Services. Member Services may be operated by: the department; or Other Agencies. Some Member Services require you to have a myGov Profile. You can create a myGov Profile by linking to a Profile Member Service. Sometimes, the department may add or remove Member Services and/or Profile Member Services. Return to top Go to definitions 1.3 Changes to myGov and these terms of use The department may change, add or remove any of the functionality of myGov, or make changes to these terms of use at any time. If those changes affect your rights or responsibilities, the department will tell you and you will be asked to accept the new terms of use. If you are told about a new version of the terms of use, you will need to accept them before you will be able to access your myGov account. These terms of use replace any terms of use you may have previously accepted which covered: your use of myGov (or the previous website: australia.gov.au); or any Department Member Service. Return to top Go to definitions 2. Your responsibilities 2.1 Accessing and using your myGov account You will need to: be a natural person to access or seek to access myGov or a Member Service; use your myGov Security Details to access your myGov account; and make sure your personal details (including your name and email address) are accurate and kept up to date with myGov and any Member Services you may be using. You must not: access or link to, or try to access or link to, any other person's myGov or Member Service account; or allow any other person to access your myGov account on your behalf. If you can't access myGov yourself, rather than allow another person to access your account, which is not permitted, you have three options: contact the Member Service directly; or visit a myGov shopfront; or contact the department using the details available at Contact us. Return to top Go to definitions 2.2 Keeping your myGov Security Details safe You must: keep your myGov Security Details secure at all times and not share them with any other person; and not allow any other person to use your myGov Security Details. If you think that the security of your myGov account may have been compromised (for example, if your myGov Security Details have been, or may be, accessed by another person without your permission) you should tell the department as soon as possible using the details at Contact us. For information about how to keep your myGov Security Details secure, visit the myGov Security tab. Return to top Go to definitions 2.3 Responsibility for access and use of your myGov account If you don't keep your myGov Security Details safe (see your responsibilities at section 2.2), and someone else uses them, you will be responsible for everything they do with your account. If you deliberately allow someone else to use your myGov account, which is not permitted, you will be responsible for everything they do with your account. If you comply with the security requirements in these terms of use, you will not be responsible for any unauthorised access to your account. For example, if your account is accessed by an unauthorised person, as a result of fraud, you will not be responsible for the actions of that unauthorised person. Return to top Go to definitions 2.4 How you must not use myGov You must not use myGov or your myGov account: in a way that infringes anyone else's rights or prevents them from using myGov; in any way which may harass or cause distress or inconvenience to anyone; to cause disruption to myGov; to post or transmit unlawful, defamatory, obscene, offensive, or scandalous material; to participate in any illegal or fraudulent activity; or to post or transmit material that breaks or encourages breaking the law. If you use myGov or your myGov account to do any of the above things, your myGov account may be locked, suspended or terminated and you may even face civil or criminal penalties (depending on what has happened). You must also not use any software (for example, bots or scraper tools) or other automatic devices to access, monitor or copy myGov or its contents unless given written permission to do so by the department. Return to top Go to definitions 2.5 Information that you provide on myGov You need to provide complete and correct information when using your myGov account or a Member Service. Providing incomplete, inaccurate or false information to myGov or a Member Service will be treated in the same way as providing incorrect information on a form or in person and may result in prosecution and civil or criminal penalties. Return to top Go to definitions 2.6 Member Service terms Most terms relating to your use of myGov are contained in these terms of use. However, when you link to and use Member Services, you may be required to accept and comply with their separate terms of use. Not all Member Services have separate terms of use. Any Member Service terms are in addition to these terms of use and if they are different to these terms of use, the Member Service terms of use will apply to your dealings with that Member Service. Your use of myGov and having a myGov account does not: change any obligation the department or any Other Agency owes you in respect of the provision to you of services; or change any obligation you owe to the department or any Other Agency in respect of your receipt of services. Return to top Go to definitions 2.7 Availability of your myGov account If myGov is not available for any reason or you unlink a Member Service, access to Member Services may not be available through another online channel. However, you can communicate directly with the department or Other Agency in writing, by telephone or in person by using the details at Contact us. You may close your myGov account at any time. Return to top Go to definitions 3. Our responsibilities 3.1 What we are responsible for The department will take reasonable care in providing information and services through myGov. Return to top Go to definitions 3.2 What we are not responsible for The department is not responsible for ensuring: that myGov is error free; that any defects in myGov will be rectified; or that you will have continuous access to myGov. The department is not responsible for any Loss that could arise as a result of your use of myGov or a Department Member Service or your inability to access myGov or a Department Member Service. The department cannot be sure and does not guarantee that the material on any Other Agency or Approved Digital Mail Service website is accurate, complete, current or does not infringe the intellectual property rights or any other rights of any person. Return to top Go to definitions 3.3 Security The department is responsible for ensuring the security of: information while it is being collected by, stored on or passing through the myGov digital service; and the links from the department's systems to systems under the control of Other Agencies. Your myGov account information can only be accessed by department officers who are allowed to access this information. All access by department officers to myGov is checked by the department and officers are trained on a regular basis about their privacy and security obligations. You can find more information about the department's security responsibilities in the department's security statement . Other Agencies and Approved Digital Mail Service providers are responsible for the security of your information while it is collected by, stored on or passing through systems within their control. It is important that you read and comply with their terms of use (if any). Return to top Go to definitions 3.4 Privacy Your personal information is protected by law, under the Privacy Act 1988 and is managed by the department (as the administrator of myGov) as set out in the myGov Privacy Notice. You can find more information about the way in which the department will manage your personal information by accessing the department's myGov Privacy Notice or the department's privacy policy . Return to top Go to definitions 3.5 Linked Member Services The Other Agencies (or the department in relation to Department Member Services) are responsible for initially authenticating your identity for the purpose of linking your myGov account to the Member Services. Once you are linked to a Member Service, if you wish to access the Member Service again using myGov or a myGov Authentication Service, your identity will be authenticated by myGov (rather than by the Member Service). While the department will take all reasonable care in operating your myGov account, the department accepts no responsibility in respect of how the Member Services (apart from the Department Member Services) operate. Return to top Go to definitions 4. The Inbox 4.1 Inbox The myGov Inbox is a central and secure inbox where you can receive, view, print and save Messages from myGov and Participating Member Services. Return to top Go to definitions 4.2 Receiving Messages By creating a myGov account or by accessing myGov on any myGov Platform (and provided you meet any additional Participating Member Service requirements) you are agreeing to receive in your Inbox all Eligible Correspondence from all Participating Member Services. For example, if you link to Centrelink, most of your incoming mail (with the exception of some mail that may need to be delivered in hard copy) will be sent electronically to your Inbox rather than via the post. If you wish to select an alternative method for receiving Eligible Correspondence (for example, if you wish to receive mail in hard copy via the post) you will need to tell the relevant Participating Member Service via their usual contact options. If you incorrectly receive a Message addressed to another person in your Inbox, you must tell the relevant Participating Member Service straight away. Some Participating Member Services may allow you to view myGov Inbox Messages on their website. For example, you may be able to access a Message through the myGov Inbox and an inbox on a Participating Member Service website. Return to top Go to definitions 4.3 Notification of Messages When a new Message is received in your Inbox, you will receive a Notification via SMS or email based on what preference you have chosen. You are responsible for ensuring that your Notification Details, to select your preference for how you receive advice of new Messages, are kept up to date with each Participating Member Service. On receipt of a Notification you should promptly access your Inbox and read all new Messages (including any attachments). It is your responsibility to ensure you read all Notifications and Messages in a timely manner. The department is not responsible for any Loss that may arise as a result of you not accessing a new Message in your Inbox or if there is a delivery failure with a Notification. Return to top Go to definitions 4.4 Removal of Messages from Inbox Each Participating Member Service determines the length of time Messages will be displayed in your Inbox and your Messages will not be able to be accessed after that time. If you unlink a Participating Member Service, you will no longer be able to access any Messages from that Participating Member Service in your Inbox, whether or not you had read them. You will need to: print or save any Messages if you require copies before you unlink a Participating Member Service; and contact the relevant Participating Member Service to make other arrangements for receiving your Messages and any future correspondence. Return to top Go to definitions 4.5 Member Service content The department accepts no responsibility for the content of a Participating Member Service Message (other than a Department Member Service Message) and makes no representations to you about its appropriateness, accuracy, currency or completeness. If you disagree with the content of a Message you should contact the relevant Participating Member Service. Return to top Go to definitions 4.6 Inability to access your Inbox or a Member Service If, for any reason, you cannot access your Inbox (either temporarily or permanently), you should contact the relevant Participating Member Service(s) and make other arrangements for the delivery of your Messages. If, for any reason, your linked Member Services account(s) is locked, you will not receive any new Messages from that Participating Member Service, but any Inbox Messages received prior to the locking of the account will remain visible (unless otherwise not available in accordance with paragraph 4.4). Return to top Go to definitions 4.7 Inbox forwarding The department may, from time to time, enable you to have your Messages forwarded to an Approved Digital Mail Service. If you elect to forward your Messages to an Approved Digital Mail Service you are agreeing to have copies of all Messages (including any attachment(s) to a Message) from your myGov Inbox forwarded to an Approved Digital Mail Service, and for the department to use and disclose your Messages for that purpose. If you elect to forward your Messages to an Approved Digital Mail Service, your Messages will still be available to view in your myGov Inbox. If, for any reason, you: cannot access the Approved Digital Mail Service; or receive correspondence in your Approved Digital Mail Service account advising you to access your myGov Inbox, you should quickly access your myGov Inbox and read any unread Messages. If you ask the department to forward your Messages to an Approved Digital Mail Service, the department will not be responsible for the operation of that Approved Digital Mail Service (or its protection of your privacy), and you will need to review and accept the terms of use from the provider of the Approved Digital Mail Service. While the department undertakes due diligence of any Approved Digital Mail Service provider, the department is not responsible for any Loss that could arise as a result of the service provided by the Approved Digital Mail Service, even if the Approved Digital Mail Service provider acts improperly. If you are concerned that an Approved Digital Mail Service provider has acted improperly, please inform the department and follow the complaints process (if any) in the relevant terms of use for that Approved Digital Mail Service. The department may stop forwarding copies of your Messages to an Approved Digital Mail Service at any time, for any reason. If this happens, the department will take reasonable steps to provide you with notification of this. You can choose to opt out and stop Inbox forwarding at any time. To opt out, simply go to Settings > Inbox >Edit, then follow the steps on screen. Return to top Go to definitions 5. myGov Update Your Details 5.1 Update Your Details The myGov Update Your Details service allows you to notify selected Member Services of a change to your contact details in a single transaction. If you update your details in myGov, myGov will tell selected Member Services of the update. However, it is the responsibility of each Member Service to ensure that your records are updated in accordance with the Update Your Details notification. Return to top Go to definitions 5.2 Update Your Details History Tab You acknowledge that: any Update Your Details transaction will appear in the History tab, along with the outcome of these updates for Member Services; you may be required to take further action with a Member Service to complete an update, as instructed in the History tab; and a Member Service may, at any time, change the action required to complete an update. Return to top Go to definitions Quick link for 5.3 Messages from Member Services>5.3 Messages from Member Services Correspondence about your Update Your Details updates (such as notice of a successful or failed update) may be sent to your myGov Inbox regardless of any preference you have indicated in your Member Services online services accounts (for example, if you have opted to receive physical mail instead). Return to top Go to definitions 6. myGov Profile 6.1 Linking to Profile Member Services You will need to create a myGov Profile if you wish to link your myGov account to a Profile Member Service. The uses and disclosures that myGov may make of information contained in your myGov Profile are set out in the myGov Privacy Notice. If you were already linked to one or more Profile Member Service(s) prior to 26 April 2014 you will be given the option of creating a myGov Profile. Return to top Go to definitions 6.2 Consent to the collection and use of myGov Profile information By using myGov or by accessing myGov on any myGov Platform, you consent to: a Profile Member Service using your name and date of birth for the purposes of creating your myGov Profile; myGov collecting your name and date of birth from a Profile Member Service for the purposes of creating your myGov Profile; myGov collecting any change that you make to your name and/or date of birth from a Profile Member Service for the purpose of updating or correcting your myGov Profile; myGov sharing your name and date of birth with a Member Service for the purposes of: linking your myGov account with a Member Service account; and notifying a Member Service of an update to your details when using the Update Your Details service; and a Member Service using your name and date of birth for the purposes of: linking your myGov account to a Member Service account; and updating the details stored in your Member Service account. Return to top Go to definitions 6.3 Your Profile Member Service notification requirements You acknowledge that any notification to a Member Service of a change to your name or date of birth will not affect or reduce any obligation you have to notify that Member Service of any other change to your personal information. For example, if you notify Centrelink of your new married name, only your change of name may be updated by Centrelink. The notification of your change of name does not mean that this is a notification of a change in marital status with Centrelink and you will still be required to notify Centrelink directly about this. Return to top Go to definitions 7. myGov Platforms 7.1 Licence to use myGov Platforms The department gives you permission (in the form of a non-transferable, non-exclusive, revocable licence) to use all myGov Platforms on your compatible device(s) provided that you comply with these terms of use and any other applicable laws. Return to top Go to definitions 7.2 Access to your hardware or software features When you use a myGov Platform, you may be asked for your permission to access certain hardware or software features of your compatible device. These features may include your camera, call functions or other features notified to you. Access to these features will be permitted if you give your consent, but only for the purpose of the particular functions of the myGov Platform (for example, access to the camera so that you can take a picture of a document and upload it to myGov). If you consent to the use of those features, neither the myGov Platform, nor the department, will have access to any other features or personal information on your device. Return to top Go to definitions 7.3 Updates to a myGov Platform You should ensure that you download any available updates to the myGov Platform(s). You acknowledge that if you do not update a myGov Platform, you may experience trouble accessing myGov and your linked Member Services. Return to top Go to definitions 8. General 8.1 Suspension or termination of your myGov access The department may lock, suspend or terminate your myGov and/or Member Service access or account(s) at any time. Return to top Go to definitions 8.2 Laws relating to these terms of use Any legal questions about these terms of use will be decided by applying the laws of the Australian Capital Territory, Australia (ACT). If legal action is brought in a court in the ACT, you will not be allowed to argue that the matter should be heard in a court outside the ACT. However, the department will consider any reasonable request to bring legal action in a different State if there are appropriate reasons for doing so (for example, if you are unable to travel due to medical reasons). Return to top Go to definitions 8.3 Help desk If you wish to contact the myGov helpdesk you should do so using the contact details at Contact us. Return to top Go to definitions 8.4 Complaints and feedback Your feedback is important to us, we value your opinion and want to hear what you think about the quality of the department's service. The department will use your feedback to improve its services. The best way to leave your feedback is by visiting humanservices.gov.au/feedback or by calling the department's helpdesk (see paragraph 8.3 above). Return to top Go to definitions 9. Definitions In these terms of use, the terms in column 1 of the following table have the meanings set out in column 2 of the table: Table of definitions for Terms of Use Term Meaning Approved Digital Mail Service An external secure digital mailbox provider that has been approved under the applicable accreditation framework utilised by the Digital Transformation Office. department, us, we The Australian Government Department of Human Services or any Australian Government department which takes over the functions of the Department of Human Services. Department Member Services Member Services that are part of the department. Eligible Correspondence Correspondence that a Participating Member Service determines is eligible to be sent to your Inbox, as varied from time to time in accordance with a Member Service's internal rules. Inbox An online correspondence service that enables you to receive, view, print and save Messages from myGov and Participating Member Services. Loss Any loss, damage, cost or expense (to any person or property), including: loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss. Member Service An organisation (or a part of an organisation) that provides online services using myGov authentication. (Current Member Services are listed on the About myGov page on the myGov Website.) Message Messages from myGov and Participating Member Services that you can receive, view, print and save via your myGov Inbox. myGov The Australian Government online authentication portal that permits access to a range of services using a single username and password. myGov Authentication Service A platform operated by certain Member Services that enables myGov users to login to the Member Service using their myGov Security Details. myGov Platform Any electronic platform, available through a browser or application, on any device, through which a User uses their myGov Security Details to access services. myGov Profile Your name and date of birth as recorded with a Profile Member Service. myGov Security Details The password and/or PIN used to access your myGov account. myGov Website The my.gov.au website. Notification A Message notification which is made to your nominated mobile phone number or email address. Notification Details Details of your mobile phone number or email address for the purposes of receiving Notifications from Member Services. Other Agencies Australian Government agencies (other than the department), state or territory government agencies or non-government entities. Participating Member Service A linked Member Service that sends Eligible Correspondence via the Inbox. Profile Member Service Any of the Medicare, Centrelink and the Australian Taxation Office Member Services. Update Your Details A myGov service that allows users to notify multiple Member Services of a change to their contact details in a single transaction. You, Your You, the reader of these terms of use and user of myGov. MyGov Privacy Policy myGov and Privacy The Department of Human Services operates the myGov service on behalf of the Australian Government. The department takes the privacy of customer information seriously and an important element of the approach is to undertake rigorous and independent Privacy Impact Assessments of key services for which we are responsible. You can access the Privacy Impact Assessments undertaken on the myGov service on the Publications and Resources page of the Human Services website. The myGov service can be accessed through the myGov website. Return to top Privacy Notice The myGov website ("myGov service") is managed by the Department of Human Services (the department) on behalf of the Australian Government. This Privacy Notice applies to the myGov service only. Separate privacy notices apply to the Centrelink, Medicare and Child Support services and the other Australian Government agencies you may link to your myGov account. Centrelink, Medicare and Child Support services and other Australian Government agencies which participate in myGov are referred to as Member Services in this Privacy Notice. This Privacy Notice explains how the department collects, through the myGov service, personal information from you and: how the department will use and disclose that information; how the department will store and secure that information; and how you can access and alter your personal information. Return to top Collections When you are establishing a myGov account, you will be required to provide to the department, through myGov: an email address, for account creation and account administration purposes; a password; and at least three secret questions and answers. When the department receives this, you will automatically be provided with a username for your myGov account. You will be able to use your username or email address to sign in to your myGov account. The department will maintain audit logs of activity in relation to your account such as last sign in, attempted sign in and password changes, as well as other technical information relevant to the operation of your account. You can access much of the information from the department's audit logs in the account history area in your account. If you wish to link your myGov account to a Member Service's online account, the department may collect your personal information and send it to the Member Service, so that the department and the Member Service can undertake an authentication process to ensure that your myGov account is linked to the correct record. In relation to some Member Services, you may instead be able to link your myGov account to a Member Service's online account using a myGov linking code issued to you. The department will send the myGov linking code that you provide to the relevant Member Service that issued the linking code. The Member Service will validate the linking code and link your myGov account to the correct record. For these authentication processes you will be requested to provide to the Member Service the identification number relevant to that Member Service (for example, your Centrelink Customer Reference Number if linking to Centrelink, or your Tax File Number if linking to the Australian Taxation Office). The department will collect either your email address or mobile phone number, or both, together with your notification preference so that it can send you a notification that you have received a message in your myGov Inbox. The department will pre-populate your notification preferences with the details that it holds for account recovery purposes, and you will need to either confirm or update these details before you first use the myGov Inbox services. You can change your notification preferences within myGov at any time. You may opt out of receiving any further messages through the myGov Inbox from your linked participating Member Services at any time, by contacting the Member Services directly. You can only create a myGov Profile in your myGov account if you link your myGov account to either Centrelink, Medicare or the Australian Taxation Office. Your myGov Profile contains your name and date of birth, which is provided to myGov by Centrelink, Medicare or the Australian Taxation Office. Any updates to your name or date of birth that you subsequently provide to Centrelink, Medicare or the Australian Taxation Office will also (if your accounts with the relevant agency remain linked to your myGov account) be provided to myGov and updated in your myGov Profile. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. Your myGov Profile information will be shared with linked participating Member Services when using the myGov Update Your Details service. The department will also collect personal information from you and the status of your updates from relevant Member Services when you use the Update Your Details service, for the purpose of administering that service. To find out more about the Update Your Details service visit the Update Your Details section of need help? If you do not provide your email address, you will not be able to create a myGov account or use the myGov Inbox service. If the department does not collect your name and date of birth from an existing record in a Profile Member Service, you will not be able to create a myGov Profile or link Profile Member Services to your myGov account. Return to top Uses and Disclosures The department will use your personal information, or disclose it to another organisation or government agency, for the purposes for which you or a Member Service gave it to us. Those purposes include establishing, maintaining and performing administration in relation to your myGov account and the links between that account and the Member Services, and providing you with the Update Your Details service. Your myGov Profile information will be shared with the Australian Taxation Office if you choose to link one or more Australian Business Numbers (ABN) to your myGov account and upon linking, every time you access a government digital online service relating to the linked ABN. When you use the myGov Update Your Details service, your myGov Profile information will also be shared with Member Services that you have linked your myGov account to and who are participating in the myGov Update Your Details service. In addition, the department may use your personal information, or disclose it to another organisation or government agency, if: it is necessary to provide you with a service that you have requested (including enabling us to link your accounts providing the myGov Inbox service, creating your myGov Profile, and notifying Member Services of updated details through the Update Your Details service); it is necessary to complete an activity that you have chosen to undertake; you consent to the particular use or disclosure; the use or disclosure is reasonably necessary to lessen or prevent a threat to the life, health or safety of an individual, or to public health or safety or where the use or disclosure is reasonably necessary in order for the department or another government agency to take appropriate action in relation to suspected unlawful activity or misconduct; or the use or disclosure is required or authorised by law. If you need to update the information in your myGov Profile, you will need to contact the agency that originally provided this information to myGov (either Centrelink, Medicare or the Australian Taxation Office) to do so. If one of Centrelink, Medicare or the Australian Taxation Office notifies myGov of an update to the information in your myGov Profile, myGov may update your myGov Profile with this information and pass this update onto the other two agencies (if your myGov account is linked to your account with that agency at the time of the update). We will not disclose the personal information you provide to us to any overseas recipient. Return to top Cookies The department only analyses non-identifiable website traffic data to improve our services for the myGov website service. The department may also use or disclose this data for reporting purposes. Cookies are pieces of information that a website can transfer to an individual's computer. We only use session-based cookies (temporary cookie files, which are erased when you close your browser) for the single sign-on service and to gather anonymous website usage data to help improve the structure and functionality of myGov. We do not use persistent cookies (cookies that remain on your hard drive until you erase them or they expire). You can change your web browser settings to reject cookies or to prompt you each time a website wishes to add a cookie to your browser. Some functionality on the myGov website may be affected if you reject cookies. The department will not attempt to identify you or your browsing activities. Return to top Data security The department takes reasonable steps to protect the personal information that it holds against loss, unauthorised access, use, modification or disclosure and against other misuse of data. These steps include storing electronic files in secure facilities, encryption of data, conducting regular backups of data, using audit and logging mechanisms and having physical access restrictions in place. Subject to the department's record-keeping obligations under the Archives Act 1983, personal information is destroyed in a secure manner, if it is no longer required. Return to top Access to and correction of your personal information You may gain access to any personal information collected and held as a result of the management of myGov unless the department is required or authorised by law to refuse to allow you to access the record. You can ask the department to amend information it holds about you if you consider that the information is misleading or is not complete or up to date. The department will make the amendment you request unless there is a sound reason under law not to make the amendment. The department will explain its reasons to you, if we decide not to amend the information. If the department refuses to make the amendment that you request, you may ask that a statement regarding the amendment that you have sought be added to your information. To protect your privacy and the privacy of others, the department may need to have evidence of your identity before we can give you access to information about you or change the information in your myGov account. As mentioned in this notice, the department will only be able to update the name and date of birth contained in your myGov Profile if the update is validated by Centrelink, Medicare or the Australian Taxation Office. The department's privacy policy contains information about how you can access personal information about you that the department holds, and seek the correction of this information. Return to top How to contact us If you wish to access your personal information, or if you are concerned about how myGov has collected or managed your personal information, please call Customer Relations on 1800 132 468 or the Teletypewriter (TTY) phone on 1800 000 567. The department's privacy policy contains information about how you can complain about a breach of the Australian Privacy Principles, and how we will deal with such a complaint. Information Technology Services terms and conditions By subscribing to Information Technology Services Internet Services, you acknowledge that you accept these terms and conditions. Information Technology Services may revise these terms and conditions from time to time, by posting a new version on the UQconnect web site. Your continued use of the Service after such postings will constitute acceptance of the variation. As such, users should consult the document regularly to ensure that they conform to the most recent version. Questions regarding these terms and conditions should be directed to info@its.uq.edu.au Your access to the Service is subject to these terms and conditions and any other instructions we give you, whether through our website or otherwise. These terms and conditions revoke any earlier versions. It is your responsibility to ensure this internet session is terminated. This does not occur when terminating the browser or logging out of the computer. To terminate your internet session please visit https://logout.uq.edu.au.  1. The Service 1.1 The Information Technology Services Internet Service provided consists of those services set out on your application for Internet access, and paid for in accordance with the published price list. The Service is provided subject to these Terms and Conditions. 1.2 Access by clients to computing and networking facilities owned or operated by us imposes certain responsibilities and obligations and access is granted subject to policies and statutes of the University, and State and Commonwealth laws. 1.3 Information Technology Services strives to cooperate with other systems administrators, network providers, legal authorities of the State and Commonwealth, and the international community to provide a reliable and trustable service. Whilst we respect your privacy and right to use this service as freely as possible, we reserve the right to monitor user activity. 1.4 Where your Information Technology Services account receives a monthly download allowance, the download will be applied as follows: UQ staff Internet accounts, paid for by the University: Your organisational unit allocates your download allowance on this account. You will need to speak to an appropriate person within your organisational unit, to determine whether you have any download allowance for the Internet and how this is being allocated.  UQ student Internet accounts: You will receive your full monthly download allowance on the day the account is activated, and thereafter you will receive your monthly download allowance on the first day of each month.  Any unused download quota will be disregarded. 1.5 The Service provided is subject to our Privacy Policy . 1.6 You agree that we may block TCP/IP ports should we require so for network security or network efficiency. 1.7 To ensure optimal service for all Information Technology Services customers while using the Internet and for performance efficiency of the network, Information Technology Services has implemented traffic shaping policies for certain applications. Between the hours of 5am-11pm these applications for each user have a limited quota combining upload and download before they are shaped to the slower speed of 128Kbps.   2. Your Account 2.1 You represent that you are at least eighteen years old and that you have the right and ability to enter into this Agreement. All persons under the age of eighteen cannot open an account and must receive the consent of a parent or guardian before using an account. All persons under the age of eighteen, must provide an Internet Access Permission for Under 18s form, signed by a parent or guardian, before they can be given access to the Internet and it is acknowledged that in such circumstances your parent or guardian enter into this Agreement with Information Technology Services. 2.2 You will be allocated a username and password that you must use to gain access to the Service. You agree to keep your password confidential. You must notify us immediately if you lose your password or if it is disclosed to anyone. It is your sole responsibility to protect your password and to immediately notify Information Technology Services of any unauthorised use of your account. You may change your password on the Service at any time. You acknowledge that anyone who correctly enters your username and password will gain access to your account and that you will be responsible and liable for the activities of that person whilst they are online, for any material to which that person is exposed, and any and all costs or charges associated with that person’s use of the Service. 2.3 Upon opening an account you must provide us with a Security ID via https://www.uq.edu.au/securityquestion. This Security ID will be used by Information Technology Services staff over the telephone in order to identify you. You acknowledge that we will disclose any information in connection with your accounts to anyone who can provide the answer to your Security ID question. 2.4 Responsibility for the installation, configuration and purchase of your software and hardware for the purpose of using the Internet Access Service rests solely with you. You must ensure that all communications software used on your equipment is properly licensed. To connect to this service you will require a computer and an appropriate modem or router that complies with all relevant ACA technical standards. Please refer to our Online Help Desk for details of minimum requirements. You acknowledge that the installation and operation of the Service may cause temporary disruption in standard telephony services received by you or may mean that you are unable to be supplied with these services. 2.5 You should not permit another person, including a minor, to use your account. You assume all responsibility and liability for the activities that are conducted on-line using your account. 2.6 If you experience any difficulties with your connection it is your responsibility to advise our ITS Service Desk on 07 3365 6000 or email help@its.uq.edu.au. We will not be held responsible for any expense incurred through problems associated with dialing into our modem banks. 2.7 The maximum single email size that can be received is 10MB. We may delete any email message sent to you, or by you, if the size of the message (including attachments) exceeds 10MB. If we delete email messages, we are not obliged to notify you or the sender. 2.8 If in our opinion you act irresponsibly or recklessly in using the Services including by breach of these terms and conditions, or you unreasonably consume excess resources on Information Technology Services systems, networks or 3rd party infrastructure, Information Technology Services reserves the right at any time and without notice to you, to shape your connection, change your service or suspend or terminate your account. 2.9 You may not assign or transfer any of your rights or obligations under these Terms and Conditions. 2.10 Information Technology Services undertakes only limited monitoring for and filtering of spam. It is the responsibility of each End User to implement spam filtering software. 2.11 You must not use, suffer, or permit another to use this Service in an unlawful manner that violates any local, state, Commonwealth or international law, order or regulation. 2.12 You may make appropriate use of the facilities, which should always be legal and ethical, reflect honesty and community standards, and show restraint and consideration in the use of shared resources. 2.13 You must demonstrate respect for intellectual property, ownership of data and information, system security mechanisms, and the individuals' right to privacy and to freedom from intimidation, harassment and unwarranted annoyance. 2.14 You acknowledge and accept that you are responsible for your use of the Services including for the content of any data or information, which you may send or receive or store while using the Internet Access Service. 2.15 You acknowledge that the network used to provide the Services is not necessarily a secure and confidential method of communications and shall transmit data on the network at your own risk. 2.16 You acknowledge that neither Information Technology Services Internet Services, nor its providers will be responsible for ensuring that any material sent or received by means of the Services is sent or received correctly. 2.17 You agree not to use the Service to: 2.17.1 store, send, or distribute material which is unsolicited, offensive, obscene, indecent, pornographic, confidential, menacing, may cause annoyance or needless anxiety, or that could give rise to civil or criminal proceedings; 2.17.2 distribute unsolicited advertising or spam or overload any network or system; 2.17.3 do anything, including store, send or distribution of material which defames, harasses, threatens, abuses, menaces, offends or violates the privacy of any person; 2.17.4 do anything, including store, send or distribution of e material of an illegal or fraudulent nature, including activities prohibited under any applicable state and commonwealth law; 2.17.5 breach any laws, codes, standards and content requirements of any relevant authority; 2.17.6 do anything, including store, send or distribution of material which interferes with the normal operation of the Service or its use by other users or restricts any person or which inhibits any other user from enjoying the Services, the Internet or the network and systems used to deliver this service; 2.17.7 access, monitor, or use any data, systems or networks, including another person's private information, without authority or attempt to probe, scan or test the vulnerability of any data, system or network; 2.17.8 compromise the security or integrity of any network or system including any part of our network; 2.17.9 place any viruses or other similar programs onto the Service or the Internet; 2.17.10 store, distribute or reproduce commercial software, or reproduce a third party's software or material without the legal owner's permission; 2.17.11 forge header information, email source address or other user information; 2.17.12 use another person's name, username or password or otherwise attempt to gain access to the account of any other customer; 2.17.13 tamper with, hinder the operation of, or make unauthorised modifications to any network or system; 2.17.14 attempt any of the above, or permit another person to do any of the above. 2.18 Notices may be issued to us from time to time in accordance with relevant Commonwealth legislation and which may require us to attend to certain matters, which may include removing certain Internet content from our servers or to disable access to the material alleged to be infringing and residing on the Information Technology Services system or network at your direction. You agree that we may take any necessary steps in order to comply with any relevant notice so issued including suspending your account and any relevant industry code of practice at any time without prior notice to you. 2.19 You acknowledge that we may monitor your use of the Service to ensure your compliance with these terms. In conjunction with relevant law enforcement agencies we may investigate any misuse of the Service by you. If your use of the Service results in loss to Information Technology Services or other users, we may require you to pay compensation. 2.20 You agree to report any faults experienced in accordance with the fault reporting procedures notified from time to time by Information Technology Services. 2.21 You may not resell any services provided by Information Technology Services.   3. Charges, Billing Procedures and Payment 3.1 You agree that all monies are non-refundable and that periodic fees are payable in advance. 3.2 You accept responsibility to pay any costs or charges incurred by using your account. Current charges for using Information Technology Services Internet Services are detailed on the UQconnect website. We may vary the terms of this Agreement including any fees, rates and charges: 3.2.1.1 without notice to you if the variation arises due to a change in taxation law or other governmental action; and, 3.2.1.2 by providing one month's notice to you of any other variation. Your continued use of the Service after such notice will constitute acceptance of the variation. 3.3 We will invoice you on a continuing basis for our Internet Access Service according to the published price list. 3.4 Where you receive or view your bills electronically you acknowledge that the electronic display of your bills constitutes notification of the charges contained in those bills and the due date payable. 3.5 You must only contact Information Technology Services in respect of your Information Technology Services Internet Service (as per clause 2.6). However if, for whatever reason, you contact any other provider regarding your Internet Access Service you should be aware that you may be charged a service fee by such other provider either directly or via Information Technology Services. Information Technology Services reserves the right to pass on to you at cost, any charges which we incur as a result of your contact with any other providers. 3.6 You are liable for all charges associated with the Service, even in the event your password has been lost or stolen, or if it appears your service has been used without your authority (including by hacking), or if it appears your service has been accessed fraudulently. 3.7 You are legally responsible for and must pay the cost of all telecommunications and Internet access charges incurred when accessing or using the Service, including any dial-up connection charges or charges by any content provider. It is your responsibility to check with your telephone service provider that the dial-up number you are using to access the Service is a local number; regardless of any information you may receive from our representatives. 3.8 In the event that you move location you are responsible for checking with your telephone service provider that the dial-up number you are using to access the Service is a local number, regardless of any information you may receive from our representatives. You are responsible for all Internet connections made to our modem banks. 3.9 If you pay for your Information Technology Services service by direct debit payment (either from your credit card or from your nominated bank account), you authorise us to debit any undisputed outstanding charges (including cancellation fee, or early disconnection/termination fee if any) from your credit card or bank account.   4. Inappropriate Content 4.1 Some material on the Internet may be offensive, inappropriate or unsuitable. You agree that we accept no responsibility whatsoever for any content and services offered by other individuals or companies on the Internet or for any other information whatsoever passing through the service. Information Technology Services provides access to content filtering software, approved by the Australian Communications and Media Authority (ACMA), from its home page www.uqconnect.net. 4.2 You are solely responsible for all information you publish on the Internet.  For information about Restricted Access Systems see http://www.acma.gov.au/. 4.3 Information Technology Services reserves the right to remove, or prevent access to, any information or materials that it deems to be offensive or inappropriate regardless of whether the content is unlawful.   5. Termination of Account 5.1 This is a continuing contract. You must notify us if the Service is no longer required. 5.2 You remain liable for any charges you incur up to the effective date of termination. No refund of any fees will be granted, and no unused services, credited to your account, will be redeemable or convertible to cash or any other form of credit. 5.3 You may terminate the Service by notifying us over the phone (you must be the account holder or know the answer to the Security ID question) or by notifying us in writing. Termination of the service may not occur immediately. 5.4 If, in our reasonable opinion, you breach any of these Terms and Conditions, Information Technology Services reserves the right to terminate an account or vary any Service provided to you without notice. 5.5 If in our reasonable opinion, your use or attempted use of the Service compromises the network or systems used to deliver the Service or place at risk the delivery of the Service to other users then Information Technology Services may without notice to you act to terminate or suspend your use of the Service or part of the Service. 6. Indemnity and Liability 6.1 You accept that your use of Information Technology Services Internet Services is at your own risk. Neither Information Technology Services Internet Services nor its providers will be liable for any loss, damage, cost, expense or liability arising from any claims due to your use, misuse or attempted use of any facility or service covered by this Agreement. Further, you agree to fully indemnify, and to keep indemnified, Information Technology Services Internet Services and its providers for any loss, damage, cost, expense or liability reasonably incurred or suffered by, or awarded against, Information Technology Services Internet Services or its providers and which arises from your use, misuse or attempted use of any facility or service covered by this Agreement. 6.2 You understand that the Internet contains viruses, Trojan programs and other computer programs that may destroy or corrupt data on your own system. You agree to protect your system against viruses on a regular basis. You agree that we have no control over such programs or viruses and that we are not liable for any damage to, or loss of data caused by a virus or other similar program. You are solely liable for all charges arising from use of your account as a result of viruses, Trojan programs, or other computer programs. 6.3 You expressly agree that use of the Service including any content you may obtain through or on the Service including reproduction, communication or making available of material derived from your use of the Service is at your sole risk. 6.4 You agree that the Service, including any CD ROM provided to you in connection with the Service, is provided without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. 6.5 The liability of the Information Technology Services Internet Services and its providers for breach of any term, condition or warranty or under any remedy implied by law (which cannot be excluded) will be limited (if permitted by law) to the repair or re-supply of equipment or Services or the payment of the cost of having the equipment or Services re-supplied (at Information Technology Services Internet Services’ option) and reduced to the extent that such liability is caused by your negligent acts or omissions, or a breach by you of the terms of this Agreement. 6.6 The aggregate liability of Information Technology ServicesInternet Services’ and its providers to you for all direct, indirect and consequential losses, damages, costs, expenses, actions and claims arising out of or otherwise in connection with this Agreement, whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, is limited to the total fees paid by you under this Agreement in respect of the relevant Services in the 12 months preceding the relevant cause of action accruing (or, if there is more than one, the last cause of action accruing). 6.7 You agree that we are not responsible for any unsolicited or unwelcome information disseminated via the Internet to you or the consequences of you receiving such information. 6.8 You agree that we do not warrant that the Service will be available continuously or free of faults. 6.9 You agree that we are not liable in any way if your equipment fails. 6.10 This Agreement is governed by and construed in accordance with the laws of the State of Queensland and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State. 6.11 This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the supply of the Service. Michael Slater ankylosing spondylitis exercise video disclaimer and exclusion of liability Disclaimer The following demonstration exercise video for ankylosing spondylitis (AS) has been produced in conjunction with the Australian Physiotherapy Association and highlights key areas most commonly affected by AS. However, it is not a comprehensive range of exercises nor is it tailored for your specific individual needs. Neither Arthritis Australia nor the Australian Physiotherapy Association make any representations or warranties as to the effectiveness of the exercises contained in this video in relieving the symptoms of AS or improving your posture and/or flexibility or the appropriateness of the exercises for a particular purpose. Prior to undertaking any of the exercises demonstrated in this video you should consult your physiotherapist, rheumatologist or other suitably qualified medical practitioner as to the suitability of the exercises for you. This video should be used as a guide only and is not a substitute for the advice or prescribed course of treatment of qualified medical practitioners, physiotherapists, or rheumatologists. By viewing this demonstration exercise video, you agree to: consult your physiotherapist or rheumatologist before undertaking this or any other exercise program; seek guidance from a physiotherapist or rheumatologist, if unsure about any of the exercises contained in this demonstration exercise video; stop immediately and consult a healthcare professional if at any stage the exercises in this demonstration video hurt or cause discomfort; and use reasonable care, skill and judgment when performing any of the exercises shown on this video. Exclusion of Liability Participation in any of the exercises shown on this video is at your own risk. By viewing this demonstration exercise video or performing the exercises demonstrated, you acknowledge and accept that, to the extent permitted by law, neither Arthritis Australia nor the Australian Physiotherapy Association will be under any liability to you whatsoever, whether in contract or tort (including, without limitation, negligence), breach of statute or any other legal or equitable obligation, in respect of any injury, loss or damage (including loss of profit or savings), howsoever caused, which may be suffered or incurred by the viewer or any other person. SofTestV12 Software License Agreement This Exam Taker License Agreement (“Agreement”) is a legal agreement between you, the end user (hereinafter “Exam Taker”) and ExamSoft Worldwide, Inc., a Florida corporation (“ExamSoft”) concerning your limited use of ExamSoft’s software (“SOFTWARE”). This Agreement affects your rights and you should read it carefully. We encourage you to retain a copy of this Agreement for your reference. BY CLICKING THE “I AGREE” BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, EXAM TAKER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, TERMINATION, AND ARBITRATION PROVISIONS BELOW. IF EXAM TAKER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, EXAM TAKER SHOULD NOT INSTALL OR USE THE SOFTWARE APPLICATION AND SHOULD EXIT NOW. 1. GRANT OF LICENSE: Unless otherwise agreed to in writing, ExamSoft hereby grants Exam Taker the non-exclusive, non-transferable right to use the SOFTWARE on a single computer until the expiration date displayed on SOFTWARE’S start window following registration. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. 2. UPGRADES: During the term of this Agreement, Exam Taker is entitled to any version-specific upgrades to the SOFTWARE.  Full version upgrades may be provided to Exam Taker at the sole discretion of ExamSoft. 3. PROPRIETARY RIGHTS: Copyright. All title and copyrights in and to the SOFTWARE (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), the accompanying media and printed materials, and any copies of the SOFTWARE are owned by ExamSoft or its Licensors. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, Exam Taker must treat the SOFTWARE like any other copyrighted material, subject to the provisions of this Agreement.  Other Intellectual Property Rights.  No license, right, title, or interest in any ExamSoft trademark, service mark, trade name, trade dress, patent, or design patent is granted hereunder.  Exam Taker shall not remove, obliterate or cancel from view any copyright, trademark, patent or other proprietary rights notice appearing on or embedded in the SOFTWARE. 4. NON-PERMITTED USES: Unless enforcement of this provision is prohibited by applicable law, Exam Taker shall not modify, decompile, imitate, copy, emulate, translate, disassemble, decrypt, extract, or otherwise reverse engineer the SOFTWARE or attempt to create derivative works or disable any of the SOFTWARE’s licensing or control features. Exam Taker shall not attempt to circumvent, defeat, or disable any security feature of the SOFTWARE.  Exam Taker shall not use SOFTWARE in a ‘Virtual Machine’ environment (e.g., Virtual PC and VM Ware).  Exam Taker is permitted to install and use the software on a dual-boot computer; however, Exam Taker must utilize the SOFTWARE on a single operating system.  Exam Taker shall not re-boot the dual-boot computer to any operating system other than the operating system supporting the SOFTWARE at any time during the administration of any exam.  Exam Taker may not allow concurrent use of the SOFTWARE or allow access to another person.  Rights granted to Exam Taker may not be transferred, rented, or leased to others, nor may the Exam Taker grant a security interest in such rights to another. 5. NO WARRANTY: THIS SOFTWARE AND ANY ACCOMPANYING FILES ARE LICENSED TO EXAM TAKER “AS IS” AND WITH ALL FAULTS. EXAMSOFT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR RESULTS EXAM TAKER MAY OBTAIN USING THE SOFTWARE OR ACCOMPANYING FILES.  EXAMSOFT AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  MOREOVER, EXAMSOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY ISSUES ASSOCIATED WITH POST-EXAM ANSWER PROCESSING OR HANDLING, INCLUDING ANY IMPACT ON EXAM RESULTS. 6. LIMITATION OF LIABILITY: EXAM TAKER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE A DOLLAR AMOUNT UP TO THAT PORTION OF THE LICENSE FEE THAT RELATES DIRECTLY TO THE SOFTWARE LICENSE, EXCLUDING ANY PORTION OF SUCH LICENSE FEE THAT RELATES TO THIRD-PARTY OR ADMINISTRATIVE SERVICES (E.G., PRINTING, SITE SUPPORT).  OTHER THAN AS DESCRIBED HEREIN, IN NO EVENT SHALL EXAMSOFT BE LIABLE FOR ANY CLAIM FOR ACTUAL OR DIRECT DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT.  FURTHER, EXAMSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT. 7. COMPLIANCE WITH INSTRUCTIONS: Exam Taker agrees that the computer and operating system onto which the SOFTWARE is to be installed complies with the minimum system requirements for the SOFTWARE.  Exam Taker further agrees to follow and perform all installation and use procedures in accordance with the instructions included with the SOFTWARE or provided by the exam administrator.  ExamSoft reserves the right to update the version of SofTest available for use by Exam Taker at any time, including automatically updating Exam Taker’s installed version of SofTest. 8. INFORMATION GATHERED: For purposes of support, accountability, quality control, and exam-related assistance, Exam Taker hereby consents to ExamSoft’s collection of certain information (including, but not limited to, makes and models of computers used by Exam Taker, types and versions of software used by Exam Taker, security and software performance information, and software usage patterns), pursuant to its agreement with the administrator of the exam. Personally identifiable information, including Exam Taker’s exam questions and answers, will be kept confidential and shall be considered the property of the administrator of the exam, and any questions regarding its existence, details, or use should be directed to the administrator of the exam. 9. RELATIONSHIP: Other than the license granted to Exam Taker hereunder, which permits Exam Taker certain limited use of the SOFTWARE, there is no relationship or contract between ExamSoft and the Exam Taker.  ExamSoft has no responsibility whatsoever to Exam Taker with regard to any exams or exam results, and all inquiries regarding the exam and exam results should be directed to the administrator of the exam.  Exam Taker agrees that ExamSoft shall have no obligation to provide Exam Taker with any information concerning the SOFTWARE or any particular exam or answer thereto.    10. TERMINATION: Without prejudice to any other rights, ExamSoft may terminate this agreement if Exam Taker fails to comply with the terms and conditions of this Agreement.  In such event, Exam Taker must destroy all copies of the SOFTWARE and all of its component parts, and ExamSoft may suspend or deactivate Exam Taker’s use of the SOFTWARE without notice. Any activities of Exam Taker giving rise to the termination of Exam Taker’s use of SOFTWARE shall be reported to the respective exam administration authorities. 11. GOVERNING LAW AND ARBITRATION: Except as otherwise provided, any claim, demand, dispute or controversy of any kind or nature between the parties hereto arising out of or relating to this Agreement, its construction, interpretation, performance or alleged breach (any “Claim”) shall be governed by, and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules.  Further, any Claim (except as discussed below) that is not otherwise settled by agreement of the parties shall be resolved by binding bi-lateral arbitration. ExamSoft does not consent to any class arbitration or representative arbitration proceeding. Licensee and ExamSoft waive any right to arbitrate any dispute or to pursue relief against the other in a class arbitration or other representative proceeding, and agree that each may bring claims against the other only in an individual capacity. Further, unless ExamSoft and Licensee agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any decision rendered in such arbitration is binding on each party, and judgment may be entered in any court of competent jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act.  Any such arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.  Such arbitration shall be in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, which shall be deemed incorporated into this Agreement.  Any arbitration shall be presided over by one arbitrator whose selection shall be governed by Rule 15 of the JAMS Rules referred to above.  The parties shall maintain the confidential nature of the arbitration proceeding, filings, and award, except as necessary to confirm or vacate any arbitration award. Additionally, any dispute as to the scope or applicability of this agreement to arbitrate shall be determined exclusively by any state or federal court located in Dallas County, Texas.  The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas for the purposes of such court actions or determinations.  Except where prohibited by applicable law or by JAMS Rules or policy, in any arbitration arising out of or related to this Agreement, the prevailing party shall be entitled to its costs, expenses, and reasonable attorneys’ fees. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims or counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs, expenses, and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.  Notwithstanding any of the foregoing, the right to seek to confirm or vacate any arbitration award hereunder is preserved.  Except where prohibited by applicable law or by JAMS Rules or policy, any such decision to confirm or vacate any arbitration award hereunder shall be determined exclusively by any state or federal court located in Dallas County, Texas.  The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas, for the purposes of such actions. 12. SEVERABILITY: In the event that any provision of this Agreement is deemed unenforceable, invalid, or void, such provision shall be modified as little as possible to make it valid and enforceable, and the remainder of the Agreement shall remain in full force and effect.  Go Card Terms and Conditions Conditions of use 1. The cardholder is deemed to have accepted these conditions of use when the go card is made active by TransLink. 2. The cardholder must comply and guarantee that any authorised user complies with: these conditions of use the TransLink go card user guide (PDF, 304KB) the go card guide to balance transfers and refunds (PDF, 200KB) all legislation relating to smart cards, including the Transport Operations (Passenger Transport) Act 1994: and, if the cardholder or authorised user fails to comply with the above, the cardholder indemnifies TransLink for all loss, damage, costs and expenses incurred by TransLink as a result of such failure. 3. The go card may be used for travel on a designated TransLink service, provided that: the service is equipped with an operational card reader the go card has a sufficient balance to commence a journey the go card has not expired, or been cancelled or blocked. 4. The go card must be touched to a card reader at the start and finish of travel on a TransLink service, to obtain a response from the card reader indicating that the go card has been read successfully. The number of go cards used for each trip must equal the number of cardholders travelling. 5. The cardholder will be liable for all fares, fees and charges incurred by the use of the go card by any person until the go card is cancelled. Fares, fees and charges relating to go cards are outlined in the go card user guide. 6. TransLink will deduct a fixed amount from the go card every time the card is touched on at the start of travel on a TransLink service. When the card is touched off at the end of travel on a TransLink service, the correct fare is calculated and the cardholder's go card balance is adjusted accordingly. 7. If the cardholder fails to touch on at the start of travel or touch off at the end of travel on a TransLink service, the correct fare cannot be calculated and the fixed amount will remain deducted from the card balance and the cardholder forfeits any right to have the go card balance adjusted to reflect the correct fare for that journey, except in accordance with the 'Balance adjustments' section of the go card user guide. 8. The go card must only be used by the authorised user or by the cardholder if no authorised user is nominated. 9. The go card remains the property of TransLink and the card must be produced for inspection or surrendered to TransLink upon request. 10. TransLink may block, cancel or retain the go card in accordance with the go card guide to balance transfers and refunds. 11. Where the go card has expired or been inactive for a period of 5 years, any balance on the card is returned to TransLink. The cardholder authorises TransLink to transfer that card balance to TransLink's account in accordance with the go card guide to balance transfers and refunds. The cardholder may claim the balance at any time provided the go card was registered or the unregistered go card can be produced. 12. The cardholder acknowledges and agrees that I/we have no right to any interest earned on the card balance or deposit held on the go card. 13. The cardholder may apply for a refund on the card in accordance with the go card guide to balance transfers and refunds. 14. The cardholder acknowledges that in the event that an incorrect amount has been applied to a go card, TransLink reserves the right to recall any overpayment without the cardholder's permission. 15. The go card user guide and the go card guide to balance transfers and refunds are published on the TransLink website translink.com.au. Copies of the guides are also available by calling TransLink on 13 12 30. 16. TransLink may change these terms and conditions and related material (such as the TransLink go card user guide and the go card guide to balance transfers and refunds) at its discretion. Updated terms and conditions and related materials will be published on the TransLink website translink.com.au, and are also available by calling TransLink on 13 12 30. TransLink will use its best efforts to advertise changes to these terms and conditions before they commence. 17. The cardholder must only access the cardholder's go card account, including travel information, address and contact information, balances and credit card account information, through ordinary use of the translink.com.au website by methods purposely made available on this website. The cardholder must not enable or permit any other person, electronic application or system to access the information, including by entering the cardholder's user name and password into such an application or system. 18. You can use your go card on all TransLink bus, train, ferry and tram services, and Airtrain*. (*Special conditions apply for Airtrain. Visit translink.com.au/go or call 13 12 30. 19. A cardholder may link their registered go card to a CityCycle long-term subscription account by selecting the go card subscription option as part of their subscription details on the CityCycle website. A cardholder will still have to maintain separate accounts for both the go card and CityCycle account. go card funds cannot be used to pay for CityCycle subscriptions or trips. 20. Journeys cannot be transferred from one card to another to receive 9 and free. Auto top-up agreement I/we agree that I/we: will comply with the auto top-up agreement authorise my/our financial institution to release information to TransLink to verify the details of the nominated credit card account and auto top-up amount accept liability for all transactions made by the use of the go card by any person, whether or not with my/our knowledge or consent until such time as auto top-up is terminated in accordance with the auto top-up agreement will ensure that the nominated credit card account is valid and has available credit to enable auto top-up transactions at all times accept liability for any fees incurred from my/our financial institution in the event that there is insufficient credit in the nominated credit card account at the time an auto top-up transaction is triggered will notify TransLink promptly of any change in any details supplied through the electronic application including the name(s), address and telephone number of the account holder(s), requests for alteration of credit card arrangements or stopping or cancelling auto top-up by contacting TransLink on 13 12 30, or visiting the TransLink website. Any change to the credit card account details including closure of the credit card account or the use of a new credit card account must be notified to TransLink by calling 13 12 30 or visiting the TransLink website (translink.com.au). authorise TransLink to record and use the information in accordance with the TransLink privacy statement acknowledge and agree that I/we have no right to any interest earned on the card balance or deposit held on the go card. Activation of auto top-up When auto top-up is activated, the first auto top-up amount will be deducted from the nominated credit card immediately regardless of the balance on go card. TransLink will not be obliged to process any auto top-up transactions from a new or changed credit card account until expiry of 5 business days from receiving written notification of the new or changed account. TransLink will transfer your auto top-up amount, whenever the card balance on the nominated go card falls below $5. When the card balance falls below $5 the nominated go card needs to be touched on before the auto top-up amount will be added to the card balance. Termination of auto top-up agreement The credit card holder(s) can request TransLink to terminate auto top-up at any time by notifying TransLink in writing, by calling 13 12 30 or visiting the TransLink website. Where TransLink receives notification to terminate auto top-up, termination will occur within 3 business days of receipt of that notification. TransLink may terminate auto top-up immediately in the event that: there is a breach of this auto top-up agreement by the account holder(s); payment of monies is not received by TransLink for any auto top-up transactions pursuant to this agreement; or the nominated credit card account is no longer valid. The card holder(s) acknowledge that the credit card holder may request TransLink to terminate auto top-up at any time by notifying TransLink in writing, by calling 13 12 30, or visiting the TransLink website. Where auto top-up is terminated by TransLink at the request of the credit card holder, the card holder(s) will be liable for all transactions made by use of the go card up to the date and time of termination. Insufficient funds in account If at the time an auto top-up transaction is triggered, there are insufficient funds in the credit card account nominated in the electronic application, the auto top-up transaction may be rejected by your financial institution and a fee may be charged to your credit card account by your financial institution. TransLink will treat the payment as if it was never made. If TransLink incurs any costs, bank fees or charges as a result of a dishonoured auto top-up transaction, these fees may be passed on to the credit card holder as a charge. Transactions on weekends & public holidays If an auto top-up transaction is triggered on a weekend or public holiday, the auto top-up amount will be available on your go card immediately. The transaction should appear on your credit card account on the next working day. Please note, this may vary slightly depending on your financial institutions processing arrangements. Failure to receive payment If TransLink fails to receive payment in respect of an auto top-up transaction, TransLink may: recover from the credit card account holder(s) any monies payable by the credit card account holder(s) to TransLink; deduct or set-off any monies payable by the credit card account holder(s) to TransLink from the balance of any go card issued to or held by the credit card account holder(s); or suspend or terminate auto top-up and/or any or all go cards linked to the primary card holder for such period as may be determined by TransLink. Notification of errors If you believe there has been an error in debiting your credit card account, contact TransLink on 13 12 30 as soon as possible so that your query can be investigated in a timely manner. If you believe there has been an auto top-up transaction to your credit card that you have not approved, contact your financial institution immediately. Availability of credit cards Only Visa and MasterCard can be used when applying for auto top-up. Changes to auto top-up agreement TransLink may change the terms and conditions of this auto top-up agreement and related material at its discretion. Updated terms and conditions of the auto top-up agreement and related materials will be published on the TransLink website translink.com.au, and are also available by calling TransLink on 13 12 30. Third party go card applications There are third party applications available on the internet that can offer to display go card account balances and other go card information. Currently these products are not endorsed or able to be endorsed by TransLink. Customers who provide their go card details to non-TransLink third party applications or non-endorsed services are breaching the go card terms and conditions. You should only access your go card account via the methods provided on the TransLink website. This policy is to ensure your personal data is kept secure. Check out the Stay Smart Online website for more tips on internet security and keeping your personal information safe. GoCard Concession Registration Agreement The Department of Transport and Main Roads (TMR) is committed to protecting your personal information in accordance with the Information Privacy Act 2009. With your consent, the personal information collected will be used by TMR for the purposes of assessing your eligibility for a Concession and to provide you with SMS or email notifications where relevant. Apart from seeking confirmation of entitlement from the relevant organisation and contracted public transport business partners, your personal information will not be disclosed to any other third party without your consent unless authorised or required to by law. For a copy of our Privacy Statement visit translink.com.au or call 13 12 30. Volunteer Queensland Volunteer Linking Acknowledgement and Disclaimer 1. You affirm that your interest in volunteering is based on personal choice and is undertaken freely without the expectation of monetary reward. 2. You are aware that: registered organisations of Volunteering Queensland are independent entities responsible for their own actions and not agents of Volunteering Queensland Volunteering Queensland is not responsible for the operations or conduct of listed organisations and volunteers referred to listed organisations the information provided by Volunteering Queensland is limited to that provided to it by registered organisations without being checked or tested 3. You consent to allow Volunteering Queensland to forward the personal details provided by you to a registered organisation for the sole purpose of obtaining a volunteer position with the registered organisation and to use the data for subsequent follow-up for research and statistical analysis. (View Volunteering Queensland's Privacy policy). 4. You acknowledge that any volunteer position chosen by you will be the result of agreement reached between you and a registered organisation of Volunteering Queensland. 5. You accept responsibility to check the currency of the organisation's insurance cover before starting volunteer work (refer to our Organisations Involving Volunteers Insurance information sheet). Note that at the time of registration approval the organisation certified that it had Public Liability and Personal Accident insurance cover for volunteers. 6. Volunteer Disclaimer: By providing your personal details to Volunteering Queensland you agree that in so doing to the greatest extent that may be permitted by law that Volunteering Queensland shall have no liability whatsoever to you as a result of making such details available to any community and or Not-for-Profit organisation who may from time to time take part, avail themselves or be involved in the service. Furthermore, you acknowledge that insofar as you shall be linked with any organisation as part of the service that you will make your own assessment to determine as to whether such organisation and its requirements are appropriate for your needs and skills. Volunteer Queensland Privacy policy To provide the highest standard of service, from time-to-time we need to collect personal information We abide by the National Privacy Principles under the Privacy Act 1988 (Cth). We strive to act with the highest integrity and offer the best possible service to volunteers, organisations and all who access our services. All personal information* entrusted to us is treated with the appropriate degree of privacy. * Personal information is any information that an individual's identity can be reasonably determined. Why we collect personal information? Collecting personal information is essential to delivering a high quality service to our stakeholders. This includes being able to make appropriate matches between potential volunteers and organisations or events. Also, providing a quality approved education program as a registered training organisation. If we did not collect personal information, we would be unable to provide effective referral and education services, as well as support and manage our own volunteer staff. How we collect personal information? Potential service users and/or course participants are asked to provide personal information in a number of ways. These include online application/registration forms, phone or face-to-face interviews, or via the general post. Course participant’s enrolment details and course assessment data is also collected and stored in accordance with our training unit’s learning records policy. Personal information we collect is always done with the individual’s consent and where possible this is in writing. Personal information is not disclosed to any other person or group unless the individual has consented in writing, except where required by law. From time to time, we may update an individual’s personal information. This would be done by contacting the individual or when the individual contacts us to update their personal information. Please note that our website may include links to third parties who may collect personal information. We are not in control of or responsible for any personal information collected by those parties and such third party’s own privacy policies (if any) would apply. How we secure personal information? The protection of personal information is a priority for us. All reasonable precautions to safe-guard personal information from misuse, unauthorised access, modification or disclosure are taken. When personal information is no longer required or out-of-date, it is deleted from our systems and/or securely destroyed. Hard copy records of personal information are kept in our filing systems and/or on a database. Individuals may request access to any information that we have collected, used or disclosed since 21 December 2001. Personal information will not be released to persons or entities outside our organisation without your consent except where: Such disclosure is permitted under the Privacy Act 1988 (Cth); We are required by law to disclose information to third parties; or We have outsourced some internal functions to third party contractors, for example, data warehousing, hosting servers or mail houses. We may need to make contact with an individual who has accessed one of our service for the purpose of follow-up, evaluation or further business. The nature of any further contact with us will always be subject to agreement from the individual. Our privacy policy and procedures will be constantly reviewed and updated in accordance to any changes in the law. Breach of privacy An individual has the right to complain about a breach of privacy by lodging their concern or complaint with us. If there is no satisfactory outcome the individual can make a complaint to the Office of the Australian Information Commissioner. Wise Realty Privacy Disclosure Statement We are an independently owned and operated business and are bound by the National Privacy principles. We collect personal information about you in this form to assess your Application for Tenancy. We may need to collect information about you from your previous Lessors or Letting Agents, your Employer and Referees. We will also check if details of Tenancy defaults by you are held on a Tenancy Database. Your consent for us to collect the information is set out below in the Privacy Consent section. Wise Realty Collection Notice The personal information you provide in this Application or our Agency collects from other sources is necessary for our Agency to verify your identity, to process and evaluate the Application and to manage the Tenancy. If the Application is successful, per sonal information collected about you in this Application and during the course of your Tenancy, may be disclosed for the purpose for which it was collected to other parties including the Lessor, Referees, other Agents and third party operators of Tenancy Databases. Information already held on Tenancy Databases may also be disclosed to our Agency and/or the Lessor. If you enter into a General Tenancy Agreement and if you fail to comply with your obligations under theAgreement, the facts and other relevant p ersonal information collected about you during the course of your Tenancy may also be disclosed to the Lessor, third party operators of Tenancy D atabases and/or other Agents. You have the right to access personal information that we hold about you by conta cting our Privacy Officer. You can also correct this information if it is inaccurate, incomplete or out of date. If your Application is not successful it will be stored securely for a period of one month only. If you decide not to collect your Application we will destroy your documents to comply with Privacy Legislation. If you do not complete this form or do not sign the consent below then your Application for Tenancy may not be considered by the owner of the relevant Property or, if considered, may be rej ected, due to insufficient information to assess the Application. Wise Realty Privacy Consent I acknowledge that I have read the above Privacy Disclosure Statement and Collection Notice of Wise Realty . I authorise Wise Realty to collect information about me from previous letting agents and/or lessors, personal referees, employers and all other references on this application and Tenancy Databases (refer to Privacy Disclosure Statements via www.tica.com.au ) : I authorise Wis e Realty to refer my name and contact details to an arranger or service provider including tradespeople (to attend to work required at this Property), salespeople (primary and secondary Agents), valuers, the Lessor, other Agents, database operators , other Property Managers, Body Corporate, Insurance companies, Financial services, if required in the future, and to Authorities as required by law. Centrelink Self Service Conditions of Use The following Conditions of Use apply to Self Service over the phone and the Internet. By accepting the Conditions of Use and registering for Self Service, you will gain access to a variety of services relating to your Centrelink record. 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If you are more than six days late, you need to complete your 'Application for Payment' form and return it to your nearest Centrelink Customer Service Centre or follow the 'How to report' instructions on your Reporting and Income Statement. 12. You cannot report your employment income before your reporting date. **Note: Your Customer Access Number (CAN) is generally your Centrelink Reference Number (CRN) and may be referred to as such when you phone Centrelink. You need to enter your CAN and Password to access the secure Internet Self Service online. Your CAN and PIN are used for the phone Self Service and to authenticate you when you phone the Centrelink Call Centre. AbeBooks Terms and Conditions and Customer Agreement 1. Terms & Conditions AbeBooks(TM) Web Site Terms and Conditions Last Revised April 23, 2013 Welcome to AbeBooks.com. AbeBooks Inc. and/or its affiliates ("AbeBooks") provide website features to you subject to the following conditions. If you visit, shop or sell on AbeBooks.com (the "Web Site"), you accept these conditions. Please read them carefully. PRIVACY Please review our Privacy & Security Notice, which also governs your visit to the Web Site, to understand our practices. THE ABEBOOKS CUSTOMER AGREEMENT These Terms and Conditions supplement the AbeBooks Customer Agreement, which applies to registered AbeBooks customers. The AbeBooks Customer Agreement may be viewed by clicking here. YOUR ACCOUNT If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 19, you may use AbeBooks.com only with involvement of a parent or guardian. AbeBooks reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. DISCLAIMER THE WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE PROVIDED BY ABEBOOKS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ABEBOOKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU TO YOU THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABEBOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABEBOOKS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ABEBOOKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABEBOOKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. If these laws apply to you, some or all of the above disclaimer exclusions or limitations may not apply to you, and you might have additional rights. 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You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AbeBooks for all claims resulting from content you supply. AbeBooks has the right but not the obligation to monitor and edit or remove any activity or content. AbeBooks takes no responsibility and assumes no liability for any content posted by you or any third party. COMMUNICATIONS When you visit AbeBooks.com or send e-mails to us, you are communicating with us electronically. Communications sent to AbeBooks by means of the Web Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by AbeBooks' responsible representative. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT COMPLAINTS AbeBooks is not obliged to monitor, screen, police or edit the use of the Web Site, including postings of materials to the Web Site, although AbeBooks reserves the right to do so in its discretion. AbeBooks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. OWNERSHIP OF THE WEB SITE Copyright © AbeBooks Inc. 2006 - 2014. The Web Site and its content (including all text, graphics, logos, videos, audio clips, digital downloads, data complication, forms, images, icons, software, design, applications and other elements available on or through the Web Site) are the property of AbeBooks or its content suppliers, and are protected by Canadian and International copyright laws. The compilation of all content on the Web Site is the exclusive property of AbeBooks and protected by Canadian and International copyright. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. All software used on the Web Site is the property of AbeBooks or its software suppliers and protected by Canadian and International copyright laws. TRADEMARK INFORMATION ABE, ABEBOOKS, ABEBOOKS.COM, ADVANCED BOOK EXCHANGE, THE ADVANCED BOOK EXCHANGE (DESIGN), GOJABA, PASSION FOR BOOKS., PASSION FOR BOOKS. BOOKS FOR YOUR PASSION., BOOKSLEUTH, IBERLIBRO, BECAUSE YOU READ, JUSTBOOKS, JUST NEWBOOKS, HOMEBASE and other AbeBooks.com graphics, logos, page headers, button icons, scripts, and service names are registered and unregistered trademarks, service marks, trade dress or trade names of AbeBooks in Canada and/or other countries. AbeBooks's trademarks, service marks, trade dress and trade names may not be used in connection with any product or service that is not AbeBooks's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AbeBooks. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners and may or may not be affiliated with, connected to, or sponsored by, AbeBooks. 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The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AbeBooks. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AbeBooks without express written consent. You may not use any meta tags or any other "hidden text" utilizing AbeBooks's name or trademarks without the express written consent of AbeBooks. Links to the Web Site without the express written permission of AbeBooks are strictly prohibited. To request permission to link to the Web Site, please contact marketing@abebooks.com. Any unauthorized use terminates the permission or license granted by AbeBooks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AbeBooks.com so long as the link does not portray AbeBooks, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AbeBooks logo or other proprietary graphic or trademark as part of the link without express written permission. OTHER SITES The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from AbeBooks, and AbeBooks is not responsible for examining or evaluating, and we do not warrant the offering of, any of these businesses or individuals or the content of the Other Sites. AbeBooks does not assume any responsibility or liability for the actions, product and content of all these and any other third parties links to Other Sites are provided solely for your convenience. AbeBooks does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. You should carefully review Other Sites' privacy statements and other conditions of use. APPLICABLE LAW These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private International law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on contracts for the International Sale Of Goods does not apply. DISPUTES For all disputes relating in any way to your visit to the Web Site, these Terms and Conditions, transactions facilitated or conducted through the Web Site, items ordered or purchased through the Web Site, dealings between you and AbeBooks, or any related matters or any legal relationship associated therewith or derived therefrom in which the aggregate total claim for relief sought on behalf of one or more parties exceed $7,500 ("Disputes"), will be adjudicated before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit to the exclusive jurisdiction and venue in those courts. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. OUR ADDRESS Abebooks Inc. Suite 500-655 Tyee Rd. Victoria, BC, Canada V9A 6X5 http://www.abebooks.com MODIFICATIONS, SEVERABILITY AbeBooks may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web Site at any time. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions. OTHER You have expressly required that these Terms and Conditions be drafted in the English language. Vous avez expressément convenu que les conditions générales d'utilisation soient rédigées en langue anglaise. Notice and Procedure for Making Claims of Copyright Infringement If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AbeBooks's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AbeBooks that your copyrighted material has been infringed. - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; - A description of the copyrighted work that you claim has been infringed upon; - A description of where the material that you claim is infringing is located on the site; - Your address, telephone number, and e-mail address; - A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. AbeBooks.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent AbeBooks.com Legal Department 655 Tyee Road, Suite 500 Victoria BC V9A 6X5 Canada e-mail: copyright@abebooks.com Courier address: Copyright Agent AbeBooks.com Legal Department 655 Tyee Road, Suite 500 Victoria BC V9A 6X5 Canada 2. AbeBooks' Customer Agreement Last Revised December 16, 2014 Thank you for choosing AbeBooks for purchasing those much sought after books! This agreement between you and AbeBooks Inc. ("AbeBooks") explains how you can use our Web sites and buy books listed on our Web sites. Use of AbeBooks Web sites is governed by this agreement. By registering as an AbeBooks customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. 1. Who is AbeBooks? AbeBooks operates a number of Web sites, including but not limited to abebooks.com, abebooks.de, abebooks.fr, abebooks.co.uk, abebooks.it and iberlibro.com, (collectively the "Web sites") that allow registered AbeBooks customers ("Customers") to purchase new, used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (collectively, "Items") from booksellers around the world ("Booksellers") acting on their own behalf. 2. Who Can Be a Customer? Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Customer and purchase books through the Web sites. Customers must comply with all applicable laws. All information submitted by Customers through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete. Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement. 3. How This Works The Web sites are a marketplace for Booksellers and Customers. Customers buy Items from Booksellers, not from AbeBooks. Customers authorize AbeBooks to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the Booksellers for sales of Items on the Web sites. AbeBooks only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Customers or Booksellers. AbeBooks is not the agent of the Booksellers. Only Customers and Booksellers (not AbeBooks) are responsible for all transactions through the Web sites and the terms and conditions of all transactions. Orders placed through the Web sites are forwarded to the selected Bookseller by electronic mail (e-mail) for acceptance and fulfillment by the Bookseller. A variety of payment methods (including credit cards) may be used to purchase on our Web Sites. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under Your password. You must immediately notify AbeBooks of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. AbeBooks is not under any obligation to verify the actual identity or authority of the user of any password. 4. Buying on Behalf of a Third Party If a Customer places an order on behalf of another person, this third party's contact information must be communicated to the Bookseller, along with the Customer's information. A bookseller is not required to communicate with the person that an order was placed on behalf of. 5. Returns If you are dissatisfied with your purchase, you are eligible for a refund within 30 days of the estimated delivery date. Refer to the AbeBooks 30-Day Returns Policy for details on how to initiate returns. If you need to return a book that was purchased on your behalf, the Customer who made the purchase will also have to initiate the return. 6. Misprints and Orders Although AbeBooks strives to provide reliable and current information on the Web sites, misprints or other errors may occur. AbeBooks reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to You or any other person. Items listed on the Web sites are subject to availability, and may not be available when ordered or afterwards. The Items offered on the Web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Bookseller sends an order acceptance and shipping notice to Your e-mail address. 7. We Respect Your Privacy Your personal information will be collected and saved by AbeBooks. All data and information collected from You by AbeBooks is treated confidentially respecting the applicable laws on data protection and in accordance with our Privacy Policy, which may be viewed by clicking here. 8. Warranty Disclaimer and Liability Exclusion and Limitation Clauses Since AbeBooks is not a party to any transactions through the Web sites, AbeBooks does not give any representation or warranty regarding any transactions or any of the Items. AbeBooks has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Booksellers to sell Items. The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks to the fullest extent permitted by law. Regardless of the nature of the claim or the reasons for the loss and damages, AbeBooks' liability is limited to foreseeable and typical damages. AbeBooks will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health. In no event will AbeBooks' total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by AbeBooks or any person for whom AbeBooks is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim. The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement. 9. Legal Claims For all disputes between AbeBooks and you or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, dealings between You and AbeBooks, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected. 10. How Do You or AbeBooks End This Agreement? You or AbeBooks may terminate this Agreement at any time with immediate effect and without any prior notice. AbeBooks may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to You or any other person. If this agreement or your permission to use the Web sites is terminated by You or AbeBooks for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of Items through the Web sites and anything connected with, relating to or arising from those matters. 11. Changes to Web sites, Policies and Procedures, and this Agreement AbeBooks may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person. AbeBooks may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any AbeBooks policies or procedures. You and AbeBooks have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigées en anglais. Thank you for registering with AbeBooks. We look forward to serving you as a valued customer. Enjoy Your Books! Namecheap Universal Terms of Service Agreement This Universal Terms of Service Agreement ("Agreement") sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through Namecheap from our partners and/or affiliates (collectively "Services"). In this Agreement "You" and "Your" refer to You as the user of our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for using Our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. When You use Our site, Your account (or You permit someone else to use it) to purchase or otherwise acquire access to Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein. 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New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services”. Beta Services, unless otherwise exempted, are subject to the following: If You elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; (iii) The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Namecheap may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by Us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At Our request You will provide Us with comments that We may use publicly for press materials and marketing collateral. Any intellectual property inherent in Your feedback or arising from Your use of the Beta Services shall be owned exclusively by Namecheap; (viii) You acknowledge and agree that all information regarding Your use of the Beta Services, including Your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Namecheap; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Namecheap disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Namecheap offers, as part of the Services available to You, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between You and Namecheap. Nothing contained in any agreement executed between You and a third party provider shall eliminate, reduce or add to the obligations of Namecheap as described herein. All paid Services are non-refundable, unless otherwise specified. Account Panel. The account panel associated with Your Account (“Account Panel”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the Account Panel to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Account Panel will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services (and/or the Account Panel) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, Namecheap specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term. Acceptable Use Policy (AUP). You acknowledge and agree to the following with respect to all of Our Services: A. You will use all Services for lawful purposes only and You will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using Our Service(s) in addition to all applicable local, state, national and international laws, rules and regulations. B. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission. C. You will NOT use our site or Services in a manner (as determined by Us in our sole and absolute discretion) that: Violates the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government and/or international laws or customary industry acceptable use standards; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages, engages or displays cruelty to humans or animals; Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property; Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing; Makes any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum; Makes, attempts or allows any unauthorized access to Namecheap website, servers, account, Your own hosting account or the account of any other customers of Namecheap; Allows any remote code execution of malicious software through a hosting account or any APIs provided by Namecheap; Causes denial of service attacks, port scans or other endangering and invasive procedures against Namecheap servers and facilities or the servers and facilities of other network hosts or Internet users; Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user; Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; Contains any kind of proxy server or other traffic relaying programs; Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts; Engages in or instigates actions that cause harm to Namecheap or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.; Reverse engineers any API or attempts to use an API to obtain confidential information; Circumvents an API in order to violate Namecheap restrictions such as, but not limited to, accessing products and services owned by other customers, avoiding payment for Services; Overloads Our systems, including APIs, in any way; or Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription. D. You will not access Namecheap Content (defined below) or User Content (also defined below) through any technology or means other than through this site itself, or as We may designate. E. You agree to back-up all of Your User Content, including email and applicable content, so that You can access it when needed. Namecheap does not warrant that We back-up any account, User Content and/or email and applicable content, and You agree to accept as a risk the loss of any and all of Your User Content. F. You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else We deem required and necessary, in order to verify Your identity. Namecheap reserves the right to refuse Services to anyone upon Our discretion. Any material that in Namecheap’s judgment is either obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our AUP is found, Namecheap will take corrective action upon Our own discretion and will notify You. Namecheap’s decision in such case is binding and final, and cannot be a subject of a further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party. You further agree to the product and service specific AUPs which are incorporated herein by reference: Acceptable Use Policy — Namecheap Acceptable Use Policy for web hosting clients Namecheap Content; User Content. In addition to the general rules above, the provisions in this section apply specifically to Your use of Namecheap Content and User Content posted to Namecheap’s site (i.e. those sites which We directly control or maintain). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your websites. Namecheap Content. Except for User Content, with respect to all content on this site and the Services We offer, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Namecheap, its licensors, and/or where applicable its partners and affiliates, and You agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to You, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. Namecheap Content is provided to you “as is”, “as available” and “with all faults” for Your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without Our express prior written consent. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. We reserve all rights not expressly granted in and to the Namecheap Content, this site, Our Services, and this Agreement do not transfer ownership of any of these rights. User Content. Some of the features of Our site(s) or the Services may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos, (c) reviews, rankings and/or product ratings (“User Reviews”) (collectively “User Content”). User Content also includes all content submitted through your Account. By posting or publishing User Content to this site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via this site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this site or Our Services (including without limitation those features that prevent or restrict use or copying of any Namecheap Content or User Content) or enforce limitations on the use of this site or Our Services, the Namecheap Content or the User Content therein. Namecheap’s Use of User Content. The provisions in this section apply specifically to Namecheap’s use of User Content posted to Our websites (i.e., those sites which Namecheap directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) You may have in content posted to Your hosted websites. In General. You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it. User Submissions & User Reviews. You acknowledge and agree that: Your User Submissions and/or User Reviews are entirely voluntary. Your User Submissions and/or User Reviews do not establish a confidential relationship or obligate Us to treat Your User Submissions as confidential or secret. Namecheap has no obligation, either express or implied, to develop or use Your User Submissions or User Reviews, and no compensation is due to You or to anyone else for any intentional or unintentional use of Your User Submissions or User Reviews. Namecheap may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. Namecheap shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions and/or User Reviews posted to Our site(s), and shall be entitled to the unrestricted use and dissemination of any User Submissions or User Reviews posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else. User Content (Other Than User Submissions/User Reviews). If You have a website or other content hosted by Us, You shall retain all of Your ownership or licensed rights in User Content. By posting or publishing User Content to this site or through Our Services, You authorize Us to use the intellectual property and other proprietary rights in and to Your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant Namecheap a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform Your User Content in connection with this site, the Services and Namecheap’s (and Namecheap’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each user of this Site a non-exclusive license to access Your User Content (with the exception of User Content that you designate “private” or “password protected”) through this site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this site and under this Agreement. The above licenses granted by You in your User Content terminate within a commercially reasonable time after You remove or delete Your User Content from this Site. You understand and agree, however, that Namecheap may retain (but not distribute, display, or perform) server copies of Your User Content that have been removed or deleted. The above licenses granted by You in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Namecheap shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or Namecheap’s (or Namecheap’s affiliates’) business(es). Storage and Security. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Namecheap servers; and (iv) ensure the confidentiality of Your password. Namecheap's servers are not an archive and Namecheap shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by Namecheap are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business. Namecheap shall have no liability to You or any other person for Your use of Namecheap Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk Namecheap’s ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status. Namecheap Non-Exclusive License; Third-Party License; Links to Third-Party Websites. In using Our Services, You may be granted the ability to use Our software and/or third-party software that We make available for Your use. You may also choose to add and use third-party software in connection with Our Services. Moreover, We may offer third-party products and services that require You to access their website in order to complete Your purchase and/or agree to additional terms and conditions. For these situations, the following provisions apply. Namecheap Non-Exclusive License. If You have licensed software from Namecheap, Namecheap grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Namecheap reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Namecheap. The source code and its organization are the exclusive property of Namecheap and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Namecheap. Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. Third-Party Software Use. Namecheap provides some third-party software to You for easier account management. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Namecheap does not take responsibility for any faults in such software functioning. You agree that Your use of any Namecheap Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Namecheap. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Namecheap. Your use of any third party software is at Your own risk. Namecheap does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Namecheap will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Namecheap reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Links to Third-Party Websites Provided By Us. This site and the Services offered by Namecheap, may contain links to third-party websites that are not owned or controlled by Us. These links include, but are not limited to, links to third-party provider services and products through the Namecheap App Marketplace. Namecheap assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Namecheap does not censor or edit the content of any third-party websites. By using this site or Our Services, whether provided directly by Us or by a third-party, You expressly release Namecheap from any and all liability arising from Your use of any third-party website and/or services offered by them. Accordingly, Namecheap encourages You to be aware when You purchase or use products/services of third-parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit. As between You and Namecheap, this Agreement and all of Our policies and additional terms control Our relationship with You. Third-Party Content. If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Namecheap has the absolute right to reject any advertising or other third party content that is illegal, offensive, defamatory or otherwise in breach of the then current Namecheap policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. Privacy. Namecheap's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Namecheap's responsibilities with regard to Your personal information. Namecheap will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Namecheap, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. Namecheap will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Namecheap as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Namecheap in the future. Namecheap is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data. Trademark or Copyright Claims. Namecheap is a service provider and respects the copyrights and other intellectual property rights of others. To the extent Namecheap receives a proper notice of infringement of copyright, trademark or other intellectual property, Namecheap reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Namecheap believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. Namecheap expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Namecheap also reserves the right to terminate an account or subscriber for even one instance of infringement. If You would like to submit (a) a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which You hold a bona fide copyright, please refer to Namecheap’s Copyright and Trademark Policies. No Spam; Liquidated Damages. No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using Our products and services for the purpose of sending spam are fully investigated. If We determine there is a problem with spam, We will take the appropriate action to resolve the situation. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: Email Messages Newsgroup postings Windows system messages Pop-up messages (aka "adware" or "spyware" messages) Instant messages (using AOL, MSN, Yahoo or other instant messenger programs) Online chat room advertisements Guestbook or Website Forum postings Facsimile Solicitations Text/SMS Messages We will not allow Our servers and services to be used for the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and a legitimate opt-out method in the footer of the email or fax that will effectively unsubscribe the recipient. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If We determine the services in question are being used in association with spam, We will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period deemed appropriate by Namecheap. The registrant or customer will be required to respond by email to Us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before the site, email boxes and/or Services are reactivated. In the event We determine the abuse has not stopped after Services have been restored the first time, We may terminate any and all Services associated with the domain name in question and, if We do, no refund will be available to You. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through Our Spam Abuse Complaint Center on the Web. Report abuse → Remedies, Liquidated Damages. You agree that We may immediately terminate any Account which we believe, in Our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Us liquidated damages in the amount of $500 or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account, whichever amount is greater. Additional Reservation of Rights. Namecheap expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namecheap in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Namecheap in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Namecheap, its officers, directors, employees and agents, as well as Namecheap’s affiliates. In the event that Namecheap need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on Your accounts, and You will continue to remain responsible for the payment of any service fees that accrue during the relevant period. Billing & Payment; Currency; Termination & Cancellation Policy. Billing and Payment. All fees for the Services shall be in accordance with Namecheap's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, Dwolla, or any other payment method then accepted by Namecheap (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another. Charges for the Service(s) will be billed to Your chosen Payment Method as charges for “NAME-CHEAP.COM.” If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against Your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. If, after commencing the payment process, You subsequently elect not to finalize Your transaction, We will clear any pre-authorized charges from Our systems and reverse the payment within two [2] hours. Depending on Your credit card provider and their policies, pre-authorized charges may continue to be reflected in Your credit card account details for longer than this two [2] hour period. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Namecheap expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, NAMECHEAP WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT NAMECHEAP’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND NAMECHEAP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. NAMECHEAP RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL. IN ADDITION, NAMECHEAP MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, NAMECHEAP WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. NAMECHEAP MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND NAMECHEAP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. If for any reason Namecheap is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that Namecheap may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf. You also agree that all rights to and interest in and use of any Services, content and/or products purchased through Us, including all data hosted on Our systems shall be assumed by Us in satisfaction of any indebtedness by You to Us. We will reinstate Your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and Our reinstatement fee, currently set at $200 (US Dollars). Namecheap also reserves the right to charge You reasonable "administrative fees" or "processing fees" for (i) tasks Namecheap may perform outside the normal scope of its Services, (ii) additional time and/or costs We may incur in providing its Services, and/or (iii) Your noncompliance with this Agreement (as determined by Namecheap in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP action(s) in connection with Your domain name(s) and/or disputes that require accounting or legal services, whether performed by Namecheap staff or by outside firms retained by Namecheap; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Namecheap as the results of chargebacks or other payment disputes brought by You, Your bank or payment method processor. These administrative fees or processing fees will be billed to the payment method You have on file with Namecheap. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Namecheap will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Namecheap's then current rates. Currency. While all purchases are processed in US dollars, Namecheap may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Namecheap makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT or additional off-shore margin and/or fees, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. Termination & Cancellation Policy. The initial term of Your agreement with Namecheap shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Namecheap shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by Namecheap at any time, without prior notice, if, in Namecheap's judgment, You are in violation of any terms or conditions herein; or (iii) in Namecheap's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Namecheap or could disrupt Namecheap's business operations; or (iv) by Namecheap if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Namecheap. In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Namecheap may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Namecheap. Refunds do NOT apply to Services unless otherwise specified. In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs Namecheap incurs in closing Your account. You agree to pay any and all costs incurred by Namecheap in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Namecheap may delete all information related to You on the Services. Customer Support. Namecheap provides customer support to You at no additional fee for issues related to Namecheap Services only. Namecheap has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. Namecheap will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in Our sole and absolute discretion, what must be provided for verification purposes. Unless otherwise directed by a specific Service, You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. Namecheap will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system or the instructions specific to the Service at issue. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. Namecheap will have no liability to respond to tickets opened in inappropriate categories. Namecheap shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account. You must provide Namecheap with all information and access to facilities that Namecheap may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of data, files, hosting account and any other content prior to requesting customer support and agreeing to any interference or operation, provided by Namecheap. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. Namecheap has the sole right to decide what constitutes abuse of the HelpDesk system. Account Use. You are responsible for security of Your Account access credentials. Namecheap will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Namecheap will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Namecheap be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Namecheap from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Namecheap you should take all due precautions to provide any sensitive information over a secure communication channel. Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND NAMECHEAP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES. Limitation of Liability; Waiver and Release. IN NO EVENT SHALL NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT NAMECHEAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT NAMECHEAP WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF NAMECHEAP; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NAMECHEAP’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF NAMECHEAP. Indemnification. Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Namecheap and all affiliates of Namecheap, and all officers, agents, employees, and representatives of Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of Namecheap products and/or services by Namecheap and its agents and employees. Further, You agree to defend, indemnify and hold harmless Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or Your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Services; (vi) any information, material, or services available on Your licensed Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Namecheap be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Namecheap shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow Namecheap to control the proceedings. You agree to cooperate fully with Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement. U.S. Export Laws. This Site and Our Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of Our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this site and Our Services, You agree to the foregoing and represent and warrant that You are not a national or resident of, located in, or under the control of, any restricted country; and You are not on any denied parties list; and You agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If You access this site or Our Services from other countries or jurisdictions, You do so on Your own initiative and You are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, You shall not access this site or Our Services. The obligations under this section shall survive any termination or expiration of this Agreement or Your use of this site or Our Services. Compliance with Local Laws. Namecheap makes no representation or warranty that the content available on this site or the Services We offer are appropriate in every country or jurisdiction, and access to this site or Our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this site or use Our Services are responsible for compliance with all local laws, rules and regulations. Governing Law; Jurisdiction; Waiver of Trial By Jury. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of California, or if there is no jurisdiction in such court, then in a state court in Los Angeles County, State of California. You agree to waive the right to a trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. Notices. You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or, if domain related, the domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided. Final Agreement. This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Namecheap’s Services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that You have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference. No Agency Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise. Enforceability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Assignment and Resale. Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Namecheap's prior express written consent. Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Namecheap, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, Namecheap may immediately terminate this Agreement. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. Contact Information. If you have questions about this Agreement, please contact us by email or regular mail at the following address: Namecheap Legal Department 11400 W. Olympic Blvd. Suite 200 Los Angeles, CA 90064 legal@namecheap.com Namecheap Web Hosting - Terms of Service TOS) These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Namecheap (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement. Term of Agreement; Modification You agree that Namecheap may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Namecheap may reasonably make to this Agreement when such changes are made. If You have purchased Services from Namecheap, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes. Accurate Information You agree to maintain accurate information by providing updates to Namecheap, as needed, while You are using the Services. You agree You will notify Namecheap within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Namecheap to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Namecheap has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Namecheap has the absolute right, in its sole discretion, to terminate its Services and close Your account. Privacy Namecheap 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Namecheap 's responsibilities with regard to Your personal information. Namecheap will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Namecheap, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Namecheap will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Namecheap as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Namecheap in the future. Namecheap is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data. Accepted Use Policy Namecheap’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree: not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing. not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum. not to make, attempt or allow any unauthorized access to Namecheap website, servers, your own hosting account or the account of any other customers of Namecheap. not to allow any remote code execution of malicious software through the hosting account provided by Namecheap. not to cause denial of service attacks, port scans or other endangering and invasive procedures against Namecheap servers and facilities or the servers and facilities of other network hosts or Internet users. not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User. not to use Namecheap services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence. not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. not to engage in or to instigate actions that cause harm to Namecheap or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Namecheap reserves the right to refuse service to anyone upon Our discretion. Any material that in Namecheap judgment, is either obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Namecheap will take corrective action upon our own discretion and will notify You. Namecheap decision in such case is binding and final, and cannot be a subject of a further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Namecheap will not be liable for any loss or damages in such cases. not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription. At its discretion, Namecheap can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content. For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy. Storage and Security At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Namecheap servers; and (iv) ensure the confidentiality of Your password. Namecheap 's servers are not an archive and Namecheap shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by Namecheap are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Namecheap shall have no liability to You or any other person for Your use of Namecheap Services in violation of these terms. Ownership Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Namecheap or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Namecheap and all right, title and interest in and to each such Derivative Work shall automatically vest in Namecheap. Namecheap shall have no obligation to grant You any right in any such Derivative Work. Non-Exclusive License If You have licensed software from Namecheap, Namecheap grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Namecheap reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Namecheap. The source code and its organization are the exclusive property of Namecheap and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Namecheap. Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. Third-Party Software Namecheap provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. Namecheap does not take responsibility for any faults in such software functioning. You agree that Your use of any Namecheap Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Namecheap. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Namecheap. Your use of any third party software is at Your own risk. Namecheap does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Namecheap will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Namecheap reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Third-Party Content If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Namecheap has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Namecheap policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Namecheap immediately of the error. In no event shall Namecheap be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal. Billing and Payment All fees for the Services shall be in accordance with Namecheap 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Namecheap may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Namecheap remains unpaid seven (7) days after such payment is due for shared hosting packages and three (3) days for VPS and dedicated servers, Namecheap, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Namecheap will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Namecheap 's then current rates. If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your Namecheap services away from Namecheap. Termination & Cancellation Policy The initial term of Your agreement with Namecheap shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Namecheap shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by Namecheap at any time, without prior notice, if, in Namecheap 's judgment, You are in violation of any terms or conditions herein; or (iii) in Namecheap 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Namecheap or could disrupt Namecheap 's business operations; or (iv) by Namecheap if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Namecheap or Namecheap. In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Namecheap may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Namecheap. You may receive a refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Windows, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees. In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Namecheap incurs in closing your account. You agree to pay any and all costs incurred by Namecheap in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Namecheap may delete all information related to you on the Services. Customer Support Namecheap provides customer support to You at no additional fee for issues related to Namecheap service only. Namecheap has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable. You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. Namecheap will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. Namecheap will have no liability to respond to tickets opened in inappropriate categories. Namecheap shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account. You must provide Namecheap with all information and access to facilities that Namecheap may reasonably require to provide the requested customer support. You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Namecheap. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. Namecheap has the sole right to decide what constitutes abuse of the HelpDesk system. Legal Purposes The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Namecheap is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Namecheap, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Namecheap based upon the severity of the violation. Namecheap reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of Namecheap 's AUP, in the sole and absolute opinion of Namecheap. You agree that Namecheap shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement. Account Use You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. Namecheap will not change passwords to any account without proof of identification, which is satisfactory to Namecheap, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Namecheap will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Namecheap be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Namecheap from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Namecheap you should take all due precautions to provide any sensitive information over a secure communication channel. Currency While all purchases are processed in US dollars, Namecheap may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Namecheap makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. Limitation of Liability; Waiver and Release The Services offered by Namecheap are being provided on an "AS IS" and Namecheap expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Namecheap expressly does not warrant that the Namecheap Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Namecheap shall create any warranty not expressly made herein. You agree that Namecheap will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Namecheap; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password. In no event shall Namecheap be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Namecheap is aware of or has been advised of the possibility of such damages. In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Namecheap or the Services provided by Namecheap must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, You specifically acknowledge and agree that in no event shall Namecheap’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action. The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Namecheap or its Services offered. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Namecheap. Indemnification Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Namecheap and all affiliates of Namecheap, and all officers, agents, employees, and representatives of Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Namecheap products and/or services by Namecheap and its agents and employees. Further, You agree to defend, indemnify and hold harmless Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Namecheap be notified of a pending law suit, or receive notice of the filing of a law suit, Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Namecheap shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow Namecheap to control the proceedings. You agree to cooperate fully with Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement. Trademark or Copyright Claims Namecheap is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Namecheap receives a proper notice of infringement of copyright, trademark or other intellectual property, Namecheap reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Namecheap believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. Namecheap expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Namecheap also reserve the right to terminate an account or subscriber for even one instance of infringement. Proper notice of infringement shall include the following information in writing to Namecheap’s designated agent: the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person; identification of the work that has been infringed; an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Namecheap to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Namecheap to locate that reference or link; Your name, address, telephone number, and email address; a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder. Notice of infringement must be sent to Namecheap’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Namecheap, 11400 W. Olympic Blvd., Suite 200, Los Angeles, CA 90064; facsimile: (310)-312-9513. Additional Reservation of Rights Namecheap expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namecheap in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Namecheap in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Namecheap, its officers, directors, employees and agents, as well as Namecheap’s affiliates. In the event that Namecheap need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period. Governing Law and Jurisdiction for Disputes Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of California, or if there is no jurisdiction in such court, then in a state court in Los Angeles County, State of California. Notices You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided. Legal Age You attest that you are of legal age (18 or over) to enter into this Agreement. Final Agreement This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Namecheap’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference. No Agency Relationship Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise. Enforceability In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Assignment and Resale Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Namecheap's prior express written consent. Force Majeure Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Namecheap, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Namecheap may immediately terminate this Agreement. Headings The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. Namecheap Web Hosting - Privacy Policy Your privacy on the Internet is of the utmost importance to Us. At Namecheap, We want to make Your experience online satisfying and safe. Because We gather certain types of information about Our users, We feel You should fully understand the terms and conditions surrounding the capture and use of that information. This Privacy Policy, Terms and Conditions and Acceptable Use Policy, set out Our policies applicable to Your account and disclose what information We gather and how We use it. Namecheap gathers and keeps track of: Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and from participation in polls and surveys. Information Namecheap gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to readers' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Namecheap derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our service free to users. Under no circumstances does Namecheap divulge any information about an individual user to a third party. Namecheap gathers information about its users as follows: OPTIONAL VOLUNTARY INFORMATION SUBMISSION Namecheap offers the following free services, which require some type of voluntary submission of personal information by users: Electronic newsletters (Dispatches). Namecheap offers a free electronic newsletter to users. Namecheap gathers the email addresses of users who voluntarily subscribe to this service. At any time, users are free to remove themselves from this mailing list by following the link provided in every newsletter pointing the user to the subscription management page. Message Boards/Forums. Users of the Namecheap's Message Boards and Forums can login to these areas with their Namecheap usernames free of charge in order to post messages. Authorization is not required in order to visit or otherwise use Namecheap's other services and/or products. "E-mail this to a friend" Service. Namecheap users can choose to electronically forward a link, page, or documents to someone else by clicking on "e-mail this to a friend". In order to do so, the user must provide his email address, as well as the email address of the intended recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know the identity of the sender. The information collected is not used for any other purpose. Polling. Namecheap occasionally offers interactive polls to users in order to enable the users to share their experience with other users as well as to improve Namecheap's services. The collected information, including user opinions, testimony and other submitted information is aggregated. This information is not identifiable to any particular user. However, Namecheap may employ action "tags" (also known as single pixel gifs or web beacons) to tag users after they have voted, in order to prevent the same user from voting multiple times on the same issue. This "tag" is not correlated with the subject user's individual information. Surveys. Namecheap may occasionally conduct user surveys to better target Our content to Our audience. We sometimes share the aggregated demographic information in these surveys with Our sponsors, advertisers and partners. However, in doing so, We will never share specific user information with any third party. CHILDREN Consistent with the Children's Online Privacy Protection Act of 1998 ("COPPA"), We will never knowingly request personally identifiable information from anyone under the age of 13 without first requesting parental consent. USAGE TRACKING Namecheap tracks user traffic patterns throughout its various sites. However, We do not correlate this information with specific data about individual users. Namecheap does break down overall usage statistics according to a user's domain name, browser type, and Multipurpose Internet Mail Extension ("MIME") type by gathering such information from the browser string (information contained in every user's browser). Namecheap sometimes tracks and catalogs the search terms entered by users in Our Search function. However, this tracking is never associated with individual users. We use tracking information to determine which areas of Our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps Us continue to improve Our services for Our users. COOKIES We may place a text file called a "cookie" in the browser files of Your computer. The cookie itself does not contain personal information, although it will enable Us to relate Your use of this site to information that You have specifically and knowingly provided. The only personal information a cookie can contain is information supplied by the user. A cookie cannot read data from the user's hard disk or read cookie files created by other sites. Namecheap uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to improve tracking of advertisement impressions and click rates. You can refuse cookies by turning the cookie function off in Your browser. If Your browser is set to provide a warning before the cookie is accepted, You will receive the warning message with each cookie. You do not need to have cookies turned on to use Namecheap's site. However, You will need to enable/accept cookies if You wish to actively participate in Our message boards, forums, polling and surveys. USE OF INFORMATION Namecheap uses information voluntarily submitted by Our users to enhance the user experience in Our network of sites, whether by providing interactive or personalized elements on the sites or by improving future content in response to the interests of Our users. As stated above, We use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regularly set schedule corresponding with the frequency of the particular publication, and occasionally send out special editions when We think subscribers might be particularly interested in something We are doing. Namecheap never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners. We use tracking information to determine which areas of Our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps Us continue to build a better service for You. We track search terms entered in Search function as one of many measures of what interests Our users. But We don't track which terms a particular user enters. Namecheap creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This enables Our advertisers to advertise more effectively, and allows Our users to receive advertisements that are tailored to their needs. Because We don't track the usage patterns of individual users, an advertiser or sponsor will never know which particular user clicked their advertisement. SHARING OF THE INFORMATION Namecheap uses the above-described information to tailor Our content to suit Your needs and help Our advertisers better understand its audience's demographics. This is essential to keeping Our select services free. We will not share information about individual users with any third party, except in order to comply with applicable law or valid legal process or to protect the personal safety of Our users or the public. SECURITY Namecheap operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary. Only authorized individuals have access to the information provided by Our customers. Our sites contain links to other sites. Namecheap is not responsible for the privacy practices or the content of such other websites. OPT-OUT POLICY We give users options wherever necessary and practical. Such choices include: The option to not register to receive Our electronic newsletters; and The option to not participate in certain interactive areas, which completely obviates Our need to gather any personally identifiable information from Our users. YOUR CONSENT By using this site, You consent to the collection and use of this information by Namecheap. If We decide to change Our Privacy Policy, We will post those changes on this page so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it. NECESSARY DISCLOSURE We will not share Your personal information except with a third party to assist Us in the processing or securing of Your personal information or when We are required by law unless We have given You notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or We must comply with a legal process served on Our web site. We may also need to give out Your information if one of Our partners requires it, but these situations are rare. PERSONAL INFORMATION FOLLOWING TERMINATION OF ACCOUNT When Your Namecheap account is cancelled (either voluntarily or involuntarily) all of Your personally identifiable information is placed in "deactivated" status within Our corresponding databases. However, You should know that deactivation of Your account does not mean Your personally identifiable information has been deleted from Our database entirely. We will retain and use Your personally identifiable information if necessary in order to resolve disputes or enforce Our agreements. CONTACT US If You have questions or concerns regarding this statement, You can contact Namecheap at support@Namecheap. You can also write to Us at the following address: Namecheap Inc, dba Namecheap 11400 W. Olympic Blvd Suite 200 Los Angeles, CA 90302 USA support@namecheap.com. Namecheap Web Hosting - Acceptable Use Policy (AUP) This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Namecheap. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Namecheap service(s) or products or to cancel Your Namecheap service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Namecheap’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy. Sharing of Information. As a condition of purchasing and using hosting plans, You acknowledge and agree that Namecheap may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and to participate in polls and surveys; and (b) Information Namecheap gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Namecheap derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Namecheap divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Namecheap can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed viaWhois. User Obligations. You represent and warrant to Namecheap that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Namecheap shall not be used in connection with any illegal activity. You expressly (i) grant to Namecheap a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Namecheap under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights. Network Interruptions. Namecheap will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Namecheap be liable to You for any damages resulting from or related to any failure or delay of Namecheap in providing access to the Internet under this Agreement. In no event shall Namecheap be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Namecheap under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement. Accounts. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Namecheap account may not be transferred without prior written approval from Namecheap. IP Address. Namecheap assigns to You an Internet Protocol ("IP") address in connection with Your use of the Namecheap services. The right to use that IP address will remain with and belong only to Namecheap, and You will have no right to use that IP address except as allowed by Namecheap in its sole and absolute discretion. Payment Terms: You may receive a full refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees. Namecheap may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 45 days after Your hosting account's billing date for shared hosting accounts and within 7 days for VPS and dedicated servers Namecheap reserves the right to terminate Your services for non-payment. If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited. For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous services and or support. Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Namecheap, We will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Namecheap will attempt to recover the data from the most recent archive for a $15.00. Secure Shell ("SSH") Access. To request SSH access You need to contact technical support. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination. Prohibited Activities. By using any Services, provided by Namecheap You agree: not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government. not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing. not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum. not to make, attempt or allow any unauthorized access to Namecheap website, servers, your own hosting account or the account of any other customers of Namecheap. not to allow any remote code execution of malicious software through the hosting account provided by Namecheap. not to cause denial of service attacks, port scans or other endangering and invasive procedures against Namecheap servers and facilities or the servers and facilities of other network hosts or Internet users. not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User. not to use Namecheap services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence. not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. not to engage in or to instigate actions that cause harm to Namecheap or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Namecheap reserves the right to refuse service to anyone upon Our discretion. Any material that in Namecheap judgment, is either obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Namecheap will take corrective action upon our own discretion and will notify You. Namecheap decision in such case is binding and final, and cannot be a subject of a further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Namecheap will not be liable for any loss or damages in such cases. not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription. At its discretion, Namecheap can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content. Email and Anti-spam Policy. You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Namecheap. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Namecheap prohibits the following activities listed without limitation hereunder: Usage of the Namecheap network and systems to receive replies to unsolicited mass e-mail messages. Forgery of e-mail headers (i.e."spoofing"). Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation. Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication. Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising"). Hosting any web pages or providing any services that support spam. Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages. Advocating any activities, prohibited by the Acceptable Use Section of this Agreement. If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary. Additional Acceptable Use Policy for Virtual accounts: Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server. Any shared or reseller account may use no more than: 20 processes 1Gb memory 20% of CPU time We may allow any shared / reseller account to burst up to 4Gb memory 100% CPU time The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. Any shared account with Ultimate package may use no more than: 30 processes 2GB memory 40% of CPU time We may allow any Ultimate package user to burst up to 6GB memory 200% CPU time The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. Any Business hosting account may use no more than: 40 processes 2GB memory 60% of CPU time We may allow a business account to burst up to: 8GB memory 400% CPU time The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. For all account packages: No script may use 25% or more of system resources for 60 seconds or longer; Running stand-alone, unattached server side processes/daemons is strictly prohibited Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited Running any bit-torrent / P2P application is strictly prohibited Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited Running of public file exchange services is strictly prohibited Namecheap staff may use the following tools at our discretion to identify use of system resources: Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc MySQL/PostgreSQL stats reporting features cPanel report Resource usage alerts from CSF/LFD server security system Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files. The number of inodes employed by one shared hosting account must not exceed 300,000. The number of inodes employed by one Business hosting account must not exceed 600,000. The number of inodes employed by one Reseller hosting account must not exceed 900,000. At the same time, the number of inodes employed by one resold account must not exceed 300,000. Downloadable files, media, databases must comply with the following limitations: NO more than 5 GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files; NO more than 5 GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium; NO more than 5 GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files; NO more than 5 GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability. Under its sole discretion, Namecheap reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made in its reasonable discretion. Backup Limitations. Any shared hosting account that uses more than 25GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 25GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of his/her account. Use of Email Services. You should use email and other related services in full compliance with the terms below: The following limits apply to Shared and Reseller Hosting accounts in order to safeguard overall server performance: You may send and/or forward up to: 200 emails per hour per domain on Shared and Reseller Servers; 500 emails per hour per domain on Shared Premium Servers; 1000 emails per hour per domain on Shared Business Servers. Email storage (i) is capped at 10 000 emails (aggregated across all mailboxes within Your account); and (ii) shall not exceed the following overall limits: 2GB per Shared Hosting account; 5GB per Business SSD package; and For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour. Upgrade to VPS. Each Virtual hosting account can be upgraded to a VPS (Virtual Private Server). The upgrade is performed by Namecheap after You have paid the first month fee. The fee depends on the VPS type chosen by You and is non-refundable. Prorate amount for unused time of the shared hosting account will not be refunded, it will be added to Your account balance in the event of upgrade to VPS. Once the account is transferred to the VPS the Virtual hosting account is terminated and the new VPS account use is governed by the paragraph 11 of this Agreement accordingly. IPv4 Address Usage Policy. Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use. Shared hosting accounts may each use only 1 IP address. Reseller hosting accounts may use up to 4 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification. The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage. Additional Acceptable Use Policy for VPS accounts: Use of Traffic (Bandwidth). Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at $10.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month. Disc Space Use. Your account disc space is limited in accordance with the VPS Type. Up to 4 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content. Additional Services. The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Namecheap will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable. You can order Additional RAM as extra features to Your VPS account(s). Namecheap will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Namecheap will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment. Storage and Security. At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Namecheap servers; and (iv) ensure the confidentiality of Your password. Namecheap's servers are not an archive and Namecheap shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Namecheap are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Namecheap shall have no liability to You or any other person for Your use of Namecheap products and/or services in violation of these terms. Transfer of Content. In the event You terminate this Agreement or Your use of Namecheap products and/or services, then moving Your server content off of the Namecheap servers is Your responsibility. Namecheap will not transfer or FTP Your server content to another provider. In the event Your use of Namecheap products and/or services is terminated, Namecheap will not transfer or manage Your services or Your content. Third-Party Software. Namecheap provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Namecheap does not take responsibility for any faults in such software functioning. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Namecheap. Your use of any third party software is at Your own risk. Namecheap cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Namecheap will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Namecheap Reservation of Rights. Namecheap explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Namecheap; (ii) establish limits and guidelines concerning the use of Namecheap services and/or products; (iii) terminate Your use of Namecheap services and/or products for use of Namecheap services and/or products to unnecessarily or illegally harass Namecheap or third parties, non-payment of fees for Namecheap services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Namecheap, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Namecheap determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Namecheap services and/or products if Your use of Namecheap services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Namecheap or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Namecheap services and/or products at any time and for any reason if deemed reasonably necessary by Namecheap. Namecheap has no obligation to monitor Your use of Namecheap services and/or products, but reserves the right in its sole discretion to do so. Right of Refusal. Namecheap has the right to refuse services to anyone at Our discretion. Limitation of Liability; Waiver and Release. The services offered by Namecheap are being provided on an "AS IS" and Namecheap expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Namecheap expressly does not warrant that Namecheap services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Namecheap shall create any warranty not expressly made herein. You agree that Namecheap will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Namecheap; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password. Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Namecheap has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Namecheap has no obligation to back-up any data related to your website unless Namecheap expressly agrees otherwise in writing or has expressly stated so on the website. Indemnification. Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Namecheap and all affiliates of Namecheap, and all officers, agents, employees, and representatives of Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Namecheap products and/or services by Namecheap and its agents and employees. Further, You agree to defend, indemnify and hold harmless Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Namecheap be notified of a pending law suit, or receive notice of the filing of a law suit, Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Namecheap shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow Namecheap to control the proceedings. You agree to cooperate fully with Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement. Trademark or Copyright Claims. Namecheap is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Namecheap receives a proper notice of infringement of copyright, trademark or other intellectual property, Namecheap reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Namecheap believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. Namecheap expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Namecheap also reserve the right to terminate an account or subscriber for even one instance of infringement. Proper notice of infringement shall include the following information in writing to Namecheap’s designated agent: the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person; identification of the work that has been infringed; an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Namecheap to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Namecheap to locate that reference or link; Your name, address, telephone number, and email address; a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder. Notice of infringement must be sent to Namecheap’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Namecheap, 11400 W. Olympic Blvd., Suite 200, Los Angeles, CA 90064; facsimile: (310)-312-9513. Additional Reservation of Rights. Namecheap expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Namecheap in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Namecheap in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Namecheap, its officers, directors, employees and agents, as well as Namecheap’s affiliates. In the event that Namecheap need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period. Governing Law and Jurisdiction for Disputes. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Central District of California, or if there is no jurisdiction in such court, then in a state court in Los Angeles County, State of California. Notices. You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided. Legal Age: You attest that you are of legal age (18 or over) to enter into this Agreement. Final Agreement. This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Namecheap’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference. No Agency Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise. Enforceability. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. Assignment and Resale. Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Namecheap's prior express written consent. Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Namecheap, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Namecheap may immediately terminate this Agreement. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. Falls Creek CONDITIONS OF SUPPLY AND SALE The following conditions of supply and sale (‘Conditions of Sale')apply to and bind the purchaser and user of a Falls Creek Hotham Snow Pass Media Card or a Snow Pass Media Product from Falls Creek Ski Lifts Pty Ltd (‘FCSL') (ABN 46 004 843 761)or from Mount Hotham Skiing Company Pty Ltd(ABN 60 004 294 697) (‘MHSC')(collectively called ‘the Suppliers')whether the purchaser purchases the Snow Pass Media Card or the Snow Pass Media Product via the FCSL Website or the MHSC Website (collectively called ‘Website') or by telephone, postal orde or by visiting the Supplier's Offices. 1. DEFINITIONS 1.1 ‘Holder' means the person to whom a Snow Pass Media Card and a Snow Pass Media Product has been issued and includes the user and purchaser of a Snow Pass Media Card and of a Snow Pass Media Product. 1.2 ‘Ski Lifts' means such chair lifts, t-bars, poma lifts, moving carpet and tow ropes as may be operated by the Suppliers at their respective resorts during the Snow Season. 1.3 ‘Snow Pass Media Product' means any products sold and supplied by the Suppliers that provide the purchaser or user with access to and use of ski and snowboard slopes in the Falls Creek and Mount Hotham Alpine Resorts, Ski Lifts,ski and snowboard lessons, ski and snowboard rental products, tobogganing and snowtubing on a daily, or multiday basis or for the Snow Season and for the purchase of ski and snowboard clothing and equipment. 1.4 ‘Snow Season' means the period in each calendar year during which the Suppliers operate the Ski Lifts at their respective resorts. 1.5 ‘Season Pass' and ‘Hero Pass' means a Snow Pass Media Product that provides the Holder with access to Ski Lifts for the duration of the Snow Season. 1.6 ‘Supplier's Offices' means the Supplier's offices located at the Falls Creek Alpine Resort, the Mount Hotham Alpine Resort, or at any other location from time to time. 1.7 ‘You', ‘Your" wherever appearing in these Conditions of Sale means any person using the Website for the purchase of a Snow Pass Media Card or a Snow Pass Media Product and includes a Holder. 2. ABOUT THESE CONDITIONS OF SALE 2.1 Please read these Conditions of Sale carefully before using the Website. By using the Website to purchase a Snow Pass Media Product, you are agreeing to be bound by these Conditions of Sale. If you choose not to be bound by these Conditions of Sale, the Suppliers will not grant you the right to so use the Website and the Suppliers will not sell or supply you with any of their products. 2.2 These Conditions of Sale include and must be read in conjunction with the Suppliers' Privacy Policy (as displayed on the Website) and the Alpine Responsibility Code. 3. PRIVACY POLICY 3.1 You agree and authorise theSuppliers and their agents to do each of the following: 3.1.1 Collect your personal information provided by you on the Website; 3.1.2 Use your personal information for administering and operating the Website and for marketing purposes such as planning, researching, promoting and/or marketing any goods and/or services of the Suppliers and/or a third party by email, mail or telephone; and 3.1.3 Disclose and/or transfer the personal information to related bodies corporate, officers, employees and agents of the Suppliers. 3.2 The Suppliers will only collect the personal information which is required for the functions and/or activities of Snow Pass Media Cards or Snow Pass Media Products. Your personal information will not be disclosed to any overseas recipients. 3.3 The Suppliers will offer you opportunities to OPT-OUT of receiving all communications (or selected communications) from them. If you elect to opt out, the Suppliers will ensure your details are excluded from all internal marketing lists and future promotions. However, if you do take advantage of any offer from a third party organisation, they may send further offers to you directly. 3.4 For more information regarding the kind of personal information the Suppliers collect, how they collect your information, the purposes for which the information is collected and how you can complain about any Australia Privacy Principle breach, please read the Suppliers' privacy policy as displayed on the Website. 3.5 You can access, update, delete or correct any personal information relating to you held in the Suppliers' database by contacting their privacy officer at privacy@fallscreek.net orprivacy@hotham.com.au. 3.6 In administering the Snow Pass Media Cards and Snow Pass Media Products, the Suppliers will collect certain personal information of the Holder. This information will be collected and used strictly in accordance with the Australian Privacy Principles and the Suppliers' privacy policy displayed on the Website. 3.7 The Suppliers collect personal information required on the Website for the primary purpose of providing you with the products or services you are seeking and accordingly, if the personal information you provide is incomplete and/or inaccurate, the Suppliers may be unable to provide you with those products or services. 3.8 Importantly, all personal information is stored on secure databases and will only be accessed by the Suppliers' employees that have a need to use the information in the normal course of their duties. For more information, please visit the Suppliers privacy policy. 3.9 Personal information about a Snow Pass Media Card Holder and transaction records are available by contacting the privacy officer at privacy@fallscreek.net or privacy@hotham.com.au. Your personal information will be disclosed to you on request and with presentation of proper identification. 4. USE OF WEBSITE 4.1 The Website is provided by the Suppliers. The material and information on the Website is provided in good faith by the Suppliers. While the Suppliers take all reasonable care to ensure that the content is correct, they cannot guarantee that all the material is always true, accurate and free from errors. Accordingly, you must use this Website at your own risk and accept that the material and information on the website may contain errors and omissions and that it is not intended as advice and must not be relied upon as such. 4.2 The Website may provide links to third party websites and the products or services of third parties. If you use any of these links you leave this website. The Suppliers have not reviewed and do not control these websites and are not responsible for their content.The Suppliers are not responsible and are not liable in any way for third party content provided on or through these Websites. If you access, use or purchase any goods or services via these websites you do so at your own risk. 4.3 This Website may from time to time display third party advertisements. Such advertisements may or may not contain hyperlinks to third party websites. The Suppliers do not endorse or recommend the goods or services of such advertisers or their websites. If you purchase any goods or services from them or visit any of their websites, you do so at your own risk. 4.4 Copyright in the content and material on the Website is owned by the Suppliers or its licensors. You may download, store, display on your computer, view, listen to, play and print materials that the Suppliers publish or broadcast on the Website or make available for free download through the Website subject to the following: (a)the materials may be used by you solely for your own information and evaluation purposes relating to the Suppliers' products and services; (b) the materials may not be modified or altered in any way; and (c) the materials may not be redistributed or sold to other parties. 4.5 No content of this Website maybe used, reproduced, distributed, stored in an electronic or other retrieval system, adapted, uploaded to a third party location, framed, performed in public or transmitted in any form by any process whatsoever without the written permission of the Suppliers except: 4.5.1 as expressly permitted in these Conditions of Sale, or 4.5.2 as permitted under the CopyrightAct 1968 (Cth) or other applicable laws. 4.6 The Website may contain trademarks or logos of the Suppliers, other companies or organisations and these are proprietary to the owner(s) of such marks. No use of the trademarks or logos without prior written permission of the Suppliers is permitted. 4.7 The Suppliers may at any time discontinue or limit access to the Website or its content. The Suppliers may terminate or limit your access to the Website if you breach these Conditions of Sale. All disclaimers and limitations of liability by the Suppliers will survive termination. 4.8 To the extent available by law,the Suppliers give no guarantees or warranties in relation to the use orc ontent of the Website. In particular, the Suppliers do not warrant that: 4.8.1 the Website will be continuously available or free from any delay in operation or transmission, virus,communications failure, internet access difficulties or malfunction in hardware or software; 4.8.2 the Website or any content wil meet your requirements; or 4.8.3 the content does not infringe any third party intellectual property rights. 5. SNOW PASS MEDIA CARDS 5.1 Snow Pass Media Cards issued to you by the Suppliers at a cost of $5.00 are used for the storage of your purchases of Snow Pass Media Products. 5.2 A Snow Pass Media Card will be replaced at a cost of $5.00 for any card lost, stolen or damaged. 5.3 The purchase of Snow Pass Media Products are non-refundable and non-transferable once payment has been processed. 5.4 Names on the Snow Pass Media Product orders cannot be altered after the order has been made. 5.5 A Snow Pass Media Card does not entitle the Holder to any Ski Lift access without the purchase of a Ski Lift access product. 5.6 In purchasing your Snow Pass Media Products you agree to receive communications from the Suppliers' marketing teams by email (but not limited to this medium) advising you of key information and updates, including additional benefits to Snow Pass Media Cardholders. 5.7 Snow Pass Media Cards must be carried in your ski jacket at all times while you are on the ski/snowboard slopes and must be presented to the Suppliers' authorised personnel upon request. The Snow Pass Media Card can be used when loaded with the purchase of Snow Pass Media Products. No refund will be made if any Ski Lifts are not operating or for customer illness or injury or for lost or stolen Snow Pass Media Cards. 6. ORDERING PROCEDURE 6.1 You may offer to purchase any Snow Pass Media Products described in the Website for the price specified in the Website. 6.2 Your order must contain your name, postal address, phone number, date of birth, e-mail address, a recent passport style photo, credit card details and any other ordering information specified on the Website. 6.3 Payment must be effected by credit card using the ordering facility on the Website. 6.4 You are responsible for ensuring the accuracy of your order. The Suppliers shall endeavor to supply you,subject to availability, with the Snow Pass Media Products set out in your order. Confirmation of your purchase will be sent to your nominated email address. 6.5 You cannot cancel an order once it has been submitted and paid, even if a confirmation email from the Suppliers is still pending. 6.6 Snow Pass Media Products are available for sale only to persons who can make legally binding contracts. 6.7 If you purchase Snow Pass Media Products by telephone, post or by visiting one of the Suppliers' Offices then any such purchase will be governed by these Conditions of Sale excluding any of the Conditions of Sale that are specific to purchases made using the Website. 6.8 If you opt to collect your Snow Pass Media Card or Snow Pass Media Products direct from the Suppliers you will need to provide a valid photo ID showing your date of birth. 6.9 If you choose to purchase a Hero Pass you will, at the time of purchase, be required to pay the full price or the deposit price nominated on the website. If you choose to pay the deposit price you agree to pay the balance of the purchase price and also agree that this amount will automatically be deducted from your credit card on 30 April 2016. It is your responsibility to ensure the credit card details on file are correct prior to 30 April 2016 and that sufficient funds are available on that date to enable the balance of the purchase price to be deducted. 7. YOUR AGREEMENT TO THESE CONDITIONS OF SALE BY MAKING AN ORDER By completing your purchase/s and payment by credit card or voucher you agree to these Conditions of Sale including the Exclusion of Liability Conditions (in paragraph 16 ) and the Suppliers will treat the order as confirmed. 8. PRICING 8.1 The price of the Snow Pass Media Products shall be the price displayed on the Website on the date of your order (inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth)but exclusive of delivery charges which are payable by you). 8.2 All prices displayed on the Website are quoted in Australian dollars and must be paid in full, including delivery charges, except where discounts are offered as detailed on the Website. 9. CANCELLATION DUE TO ERROR OR UNAVAILABILITY 9.1 You acknowledge that despite the Suppliers' reasonable precautions, Snow Pass Media Products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or other oversight. In these circumstances, the Suppliers each reserve the right to cancel the transaction, not withstanding that your order has been confirmed and your credit card has been charged. The Suppliers each reserve this right up until the time of delivery or use of the Snow Pass Media Products. 9.2 If a cancellation of this nature occurs after your credit card has been charged for the purchase the respective Suppliers will immediately, or as soon as practical, issue a credit to your credit card account for the amount in question. 10. DELIVERY Australia Post is the Suppliers' usual postal agent and it will make deliveries unless otherwise instructed and in accordance with the terms and conditions stipulated by it. All Snow Pass Media Cards and Snow Pass Media Products will be delivered to the address that you have indicated on your order. Risk of damage or loss of the Snow Pass Media Cards and Snow Pass Media Products passes to Australia Post when it takes possession of your order from the Suppliers. Any times quoted for delivery are approximate only and the Suppliers shall not be liable for any delay in the delivery of the Snow Pass Media Cards or Snow Pass Media Products howsoever caused. 11. RESALE, USE BY UNAUTHORISED PERSONS, TRANSFER OR ALTERATIONS TO SNOW PASS MEDIA CARDS PROHIBITED 11.1 A Snow Pass Media Card must only be used by the person to whom it is issued and must not be used by another person, resold, transferred or altered in any manner. Should this provision be breached the Snow Pass Media Card in question will be cancelled with no refund being payable for the purchase price and the respective Suppliers reserve the right to refer the matter to the police. 11.2 Immediately you become aware that any Snow Pass Media Card issued to you (or to another person at your request) has been lost or stolen, you must report this to the relevant Supplier by telephone (FCSL 03 5758 1000or MHSC 03 5759 4444) or by visiting an office of that Supplier. 11.3 You acknowledge and accept that any Snow Pass Media Card issued to you(or to another person at your request) may be cancelled or suspended at the sole discretion of the relevant Supplier if: 11.3.1 an unauthorised person is found to be using it prior to you reporting it lost or stolen; or 11.3.2 the user fails to comply with all signs or other direction of the Suppliers, or for reckless or careless conduct, or for breach of the Alpine Responsibility Code. 12. SECURITY POLICY 12.1 When purchasing from the Website your financial details are passed through a secure server. 12.2 No transmission over the Internet can be guaranteed as totally secure. Whilst the Suppliers strive to protect such information, the Suppliers do not warrant and cannot ensure the security of any information which you transmit to the Suppliers. Accordingly, any information which you transmit to the Suppliers, including your credit card details, is transmitted at your own risk, and the Suppliers shall have no liability to you for any financial or consequential loss or damage suffered by you in anyway whatsoever arising out of or related to your use of this website whether due to negligence, breach of contract, statute or statutory duty by the suppliers. 12.3 Once the respective Suppliers receive your transmission, the respective Suppliers will take reasonable steps to preserve the security of such information. 13. AGENCY If you purchase any Snow Pass Media Card or Snow Pass Media Products, from the Suppliers via the website, or by any other means, on behalf of another person, both you and that other person, agree that you make that purchase as the authorised agent of that other person so that he/she will be bound by these Conditions of Sale. 14. VARIATION TO THE CONDITIONS OF SALE The Suppliers retain the right to vary these Conditions of Sale from time to time (including changing the prices of any Snow Pass Media Products) provided that this does not materially affect the nature of the Snow Pass Media Products purchased. Any variations become effective on posting of the changes on the Website. By making a purchase through the Website you agree to be bound by these Conditions of Sale and by any later variation to them when posted on the Website. The Suppliers encourage users to review this document regularly to keep abreast of such changes. 15. TERMINATION OF ACCESS Access to the Website may be terminated at any time by the Suppliers without notice. The respective Suppliers' limitation of liability will nevertheless survive any such termination. 16. EXCLUSION OF LIABILITY Read Carefully- These Conditions Affect Your Legal Rights! 16.1 Falls Creek Ski Lifts Pty Ltd being the supplier of recreational services in the Falls Creek Alpine Resort, and Mount Hotham Skiing Company Pty Ltd, being the supplier of recreational services in the Mount Hotham Alpine Resort and at the skiing/snowboarding slope at Dinner Plain, supply and sell the following recreational services, being all Snow Pass Media Cards, Snow Pass Media Products, including skiing, snowboarding, skiing and snowboarding lessons, the use of ski and snowboard slopes, the use of Ski Lifts, skiing and snowboarding equipment rental, snow making, the condition, layout, design,construction, maintenance and grooming of ski/snowboard slopes and surrounds,and all other associated sporting activities or similar leisure time pursuits associated with being in either of the Resorts or using the ski/snowboard slopeat Dinner Plain (collectively called ‘Recreational Activities') subject to the following conditions: 16.2 Exclusion of Liability The Suppliers, their employees, directors and agents are not liable to the Holder or the Holder's dependents or legal representatives for personal injury or death suffered by the Holder due to the Recreational Activities not being rendered with due care and skill, or not being reasonably fit for any purpose which the Holder made known to the Suppliers, or because the Recreational Activities failed to achieve any result reasonably expected by the Holder which the Holder made known to the Suppliers, or for breach of any of the consumer guarantees applied by the Australian Consumer Law (Victoria), or due to the negligence, breach of contract or statute or statutory duty by the Suppliers in any way relating to or arising from the sale or supply of Recreational Activities by the Suppliers to the Holder. 16.3 Risk Warning and Waiver to Sue The Holder acknowledges that the Recreational Activities are dangerous with many inherent risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and the Holder assumes and accepts all such risks and hereby waives the right to sue the Suppliers for any personal injury or death suffered by the Holder in anyway whatsoever caused by or arising from the Holder's participation in the Recreational Activities. 16.4 You acknowledge that: 16.4.1 The Suppliers strongly recommend that all skiers and snowboarders wear accredited helmets whenever skiing or snowboarding and also recommend that snowboarders wear wristguards. 16.4.2 The wearing of an accredited helmet is compulsory for: 16.4.2.1 all persons participating in skiing or snowboarding lessons in terrain, rail or half pipes, freestyle or freeform lessons or programs, ski or snowboard racing, race training and skiercross or boardercross; and 16.4.2.2 all children aged 3 to 14 years whilst participating in ski and snowboard school lessons or in any other snow sports program. 16.5 The Holder hereby waives the right to sue the Suppliers for death or any personal injury the Holder may suffer due to the Holder's failure to wear an accredited helmet as recommended and/or required by paragraphs 16.4.1 and 16.4.2 and the Holder also agrees to indemnify and hold harmless the Suppliers against any claims by the Holder's spouse, domestic partner, children or dependents for death or personal injury suffered by any of them due to the Holder's failure to wear an accredited helmet. 16.6 WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you: · are rendered with due care and skill; and · are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and · might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law & Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in paragraphs 16.2, 16.3 and 16.5 above. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the Supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Act 2012 and section 23(3)(b) of the Australian Consumer Law & Fair Trading Act 2012. 17. SEASON AND HERO PASSES 17.1 All Season and Hero Pass Holders must sign and agree to these Conditions of Sale prior to obtaining their Season or Hero Pass. 17.2 Season or Hero Pass purchases are non-refundable and non-transferable once payment has been processed. (Subject to payment and conditions of the Season and Hero Pass Refund Protection program below). 17.3 Names on the Season and Hero Pass orders cannot be altered after the order has been made. 17.4 A child Season or child Hero Pass Holder is classified as between 6– 14 years of age at 1 June of any year. A youth is classified as between15 – 18 years of age at 1 June of any year. A Senior is a person over the age of 65 at 1 June of any year. 17.5 Season and Hero Passes are valid for use at Falls Creek, Mount Hotham and Dinner Plain Resorts. 18. SEASON AND HERO PASS REFUND PROTECTION PROGRAM 18.1 If you purchase the Season and Hero Pass Refund Protection at the same time as purchasing your Season or Hero Pass you will receive the reassurance of a partial refund if you suffer injury or sickness which prevents you from further participating in skiing or snowboarding as outlined below. 18.2 Purchase Price INDIVIDUAL Season and Hero Pass Refund Protection - $40 Adult, $30Child/Student/Senior, per Season or Hero Snow Pass 19. SEASON AND HERO PASS REFUND PROTECTION - PROGRAM 19.1 Season and Hero Pass Refund Protection is only available at the time you purchase your Season or Hero Pass, and is only valid for the Snow Season for which the Season or Hero Pass is purchased. 19.2 Where Season and Hero Pass Refund Protection is purchased the Suppliers will refund a percentage of the cost of your Season or Hero Pass if you suffer injury or sickness which prevents you from further participating in skiing or snowboarding. No payments will be made under Season and Hero Pass Refund Protection where you have breached any terms of these Conditions of Sale or where you are prevented from participating in skiing or snowboarding as a result of committing or attempting to commit a crime, undertaking elective or cosmetic surgery, injury or sickness resulting from the use of alcohol or illicit or improper drug use, violation of the Alpine Responsibility Code or insufficient snow coverage. 19.3 If you have purchased Season and Hero Pass Refund Protection the Suppliers will refund the cost of your Season or Hero Pass if you are a Victorian resident who is transferred interstate or overseas by your employer;provided that the date of transfer is at least 30 days after the purchase of your Season or Hero Pass and up to 20 days after the start of the declared Snow Season for the applicable calendar year. 19.4 The Season and Hero Pass Refund Protection fee is not refundable under any circumstances. 19.5 Season and Hero Pass Refund Protection does not cover pre-existing injuries or conditions that were present at the time of purchase of the Season or Hero Pass. 19.6 To apply for a refund, you must provide the Suppliers with a written request including a covering letter of explanation, a medical certificate stating the cause and date of your injury or sickness and prognosis. Refunds will be calculated from the day the Suppliers receive your request. 19.7 Once a refund claim has been processed your Season or Hero Pass card will be de‑activated and cannot be used. 19.8 Season and Hero Pass Refund Protection ends on 8 August of the applicable year or the date when a refund is made by the Suppliers whichever is the earlier. No refund claims will be accepted by the Suppliers after 15 August of the applicable year. 19.9 All refunds made under Season and Hero Pass Refund Protection are subject to these conditions and all decisions made by the Suppliers in respect to any refund are final and binding and no correspondence will be entered into. 20. SEASON AND HERO PASS REFUND PROTECTION REFUND SCHEDULE 20.1 The percentage amount refundable under Season and Hero Pass Refund Protection where the injury or sickness occurs will be: · Up to 20 days after the date of the start of the declared Snow Season - 70% of the cost of the Season or Hero Pass will be refunded. · 21-40 days after the date of the start of the declared Snow Season - 50% of the cost of the Season or Hero Pass will be refunded. · 41-60 days after the date of the start of the declared Snow Season - 20% of the cost of the Season or Hero Pass will be refunded. · Over 60 days after the date of the start of the declared Snow Season - No refund will be paid. 20.2 If you do not purchase Season and Hero Pass Refund Protection no refund or credit will be issued under any circumstances. 21. LAW AND JURISDICTION These Conditions of Sale shall be governed by and construed firstly in accordance with the laws of the State of Victoria and then in accordance with the laws of the Commonwealth of Australia. If any part or provision of these Conditions of Sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining Conditions of Sale shall remain and continue to be valid, binding and enforceable. 22. GENERAL 22.1 If the Suppliers waive any rights available to the Suppliers under these Conditions of Sale on one occasion, this does not mean that those rights will automatically be waived on any other occasion. 22.2 The Holder acknowledges and agrees that the Suppliers may in their absolute discretion determine in accordance with the snow, slope, and/or weather conditions prevailing on any particular day or days during the Snow Season the quantity and the nature of the Ski Lifts (if any), the services and the facilities to be operated or offered by the Suppliers on that day or days and the Holder further acknowledges and agrees that he or she shall not be entitled to any refund, credit or transfer in respect of the Snow Pass Media Product with which he or she has been issued if any of the Ski Lifts and/or the services and the facilities are not operated or offered by the Suppliers for any reason whatsoever for any period during the Snow Season. 23. YOUR ALPINE RESPONSIBILITY CODE In purchasing your Pass, all Pass Holders agree to receive communications from Falls Creek Ski Lifts Pty Ltd/Mount Hotham Skiing Company Pty Ltd Marketing teams via email advising them of key information and updates including additional pass holder benefits (e-newsletters but not restricted to this medium only) Escape Medical Viewer Terms and Conditions Read the following terms and conditions which include the software license and limited warranty (collectively called the "Agreement"). Pressing on the "Accept" button or using the accompanying software indicates your acceptance of the Agreement. If you do not accept or agree with these terms, press on the "Decline" button to quit this installation. If you have any question concerning the license, please contact: Escape OE Exadaktylou 4 54635 Thessaloniki Greece Email: sales@escape.gr "Escape Medical Viewer" ©2001-16, Escape OE. All rights reserved worldwide. SOFTWARE LICENSE & LIMITED WARRANTY Escape Medical Viewer, the installer software, the software that the installer generates, as well as all documentation and related information (collectively hereinafter "SOFTWARE") are owned by Escape OE (hereinafter "ESCAPE"), a registered alias of Georgiadis I - Konidaris C - Pistofidis C & Co OE, with a principal place of business at the address set forth above, and is protected by European copyright law and international treaty provisions. The SOFTWARE contains trade secrets and confidential information that is copyrighted by and remains the property of ESCAPE. ESCAPE hereby grants you a non-exclusive non-transferable license to use the SOFTWARE as follows. All rights not expressly granted are reserved and retained by ESCAPE. YOU MAY • Install your purchased copy of the SOFTWARE into permanent memory (e.g., hard disk, or other fixed or removable storage device) of up to three computers that belong to you, namely up to two desktop machines and one portable machine, but you may only use one of them at a time. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed. • Permanently transfer all of your rights under this Agreement, provided that you retain no copies, you transfer all of the SOFTWARE (including all component parts, media and printed materials, any upgrades, this Agreement, and your official proof of ownership), and the recipient agrees to the terms of this Agreement. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. YOU MAY NOT • Disclose your personal license code to any party for any purpose. • Copy, modify, or transfer the SOFTWARE in whole or in part. • Redistribute or otherwise allow the SOFTWARE to be used on more than one computer at a time. • Rent, lease, resell for profit, transfer or grant any rights in the SOFTWARE. • Disassemble, reverse engineer, or otherwise reduce the SOFTWARE to a human perceivable form in whole or in part, including but not limited to translating or creating derivative works. TERMINATION This Agreement and your license to use the SOFTWARE will automatically terminate without notice if you fail to comply with any provision of this Agreement. Upon termination you must destroy all copies of the SOFTWARE. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement. LIMITED WARRANTY ESCAPE is providing the SOFTWARE on an "AS IS" basis without warranty of any kind. You assume full responsibility for the selection of the SOFTWARE to achieve your intended results and for the installation, use and results obtained from the SOFTWARE. ESCAPE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. No oral or written information given by ESCAPE, its agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of ESCAPE by an authorized official. LIMITATIONS OF REMEDIES AND LIABILITY IN NO EVENT WILL ESCAPE OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ESCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In particular, ESCAPE and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute SOFTWARE, or claims by third parties. IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF ESCAPE BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL ESCAPE'S LIABILITY EXCEED THE AMOUNT OF THAT YOU ACTUALLY PAID. This Agreement gives you certain legal rights. You may have other rights under local law, so some of the above may not apply or may be limited. GENERAL This Agreement shall be governed by the laws of the Hellenic Republic (Greece). In any dispute arising out of this Agreement, ESCAPE and you each irrevocably attorn to the jurisdiction of the courts of Thessaloniki, Greece. This Agreement is the entire agreement between you and ESCAPE and supersedes any other communications with respect to the SOFTWARE. If any of this Agreement is held to be unenforceable, the remainder shall continue in full force and effect. Medscape Terms of Use The Medscape Network, described below, provides users with a wide array of services including, without limitation, news, reference resources, sponsored programming, personalized content, continuing medical education and communication platforms (collectively, the "Services"). The Services are provided to users of the Medscape Network subject to the following Terms of Use (the "Terms"). You will always be able to view the most current version of these Terms by clicking on the Terms of Use link at the bottom of any page of a Medscape Network website or without our mobile applications. By using the Services, you agree to these Terms, whether or not you are a registered member of the Medscape Network. These Terms govern your use of the Services and create a binding legal agreement that we may enforce against you in the event of a violation. If you do not agree to all of these Terms of Use, do not use the Services! Scope of these Terms of Use The Medscape Network includes the websites medscape.com and medscape.org (the "Medscape Sites") and the Medscape mobile device applications, which include Medscape Mobile, MedPulse and Medscape CME & Education (the "Medscape Apps"). WebMD LLC owns and operates medscape.com and Medscape Mobile and MedPulse and its affiliated company, Medscape, LLC, owns and operates medscape.org and Medscape CME & Education. References to "WebMD" in these Terms of Use mean WebMD LLC and references to "Medscape" mean Medscape, LLC. References to "we" or "our" mean WebMD and Medscape. WebMD may offer other services to physicians and healthcare professionals outside of the Medscape Network, such as WebMD Connect which is offered through WebMD's consumer website, www.webmd.com. These other services are not governed by these Terms but by the terms of use applicable to the property through which these services are offered. Account Registration You must register an account with the Medscape Network to access all of the Services. Registration requires you to provide us with your name, email address, profession, specialty and other information specified in the registration form ("Registration Information"), and to select a username and password that will be associated with your account. You agree that your Registration Information is true, accurate, current, and complete, and you will promptly update your Registration Information as necessary so that it continues to be true, accurate, current and complete. We may attempt to verify the accuracy of the Registration Information that you have provided and update it as necessary. You are solely responsible for maintaining the confidentiality and security of your Medscape account username and password and you may not permit another person to use your username and password to access the Services. You are responsible for all activity that occurs under your account. If you believe that the security of your account information has been compromised, you should immediately change your username and password through the account settings feature or notify us and we will assist you. We shall have no liability for any unauthorized access to or use of your account information. Use of the Services The Services are intended for physicians and other healthcare professionals. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services or any portion thereof. The information and tools that we make available through the Services are provided for educational and informational purposes only. While we hope you find the Services useful to you as a healthcare professional, they are in no way intended to serve as a diagnostic service or platform, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. You agree that you will not use the Services with the intention of creating any kind of physician/patient relationship, e.g., to diagnose or treat users. You are solely responsible for evaluating the information obtained from the Services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession. If you are a consumer who chooses to access the professional-level information made available through the Services, you should not rely on that information as professional medical advice or use the Services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and to view the information and materials made available through the Services, including User Content, as defined below, ("Medscape Content") solely for your personal and professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Medscape Content, the Medscape Sites or the Medscape Apps, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved to WebMD, Medscape and their respective licensors, as applicable. The Medscape Network may contain links to third-party websites or resources which are not part of the Medscape Network. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in the Medscape Network of third party resources, including links to third party websites, does not imply our endorsement of these resources. You agree that you will not engage in any of the following activities in connection with your use of the Services: Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services; Use, display, mirror or frame a Medscape Site or Medscape App, or any component thereof, or WebMD or Medscape's trademark, logo or other proprietary information, without the written consent of WebMD or Medscape, as applicable; Remove any copyright, trademark or other proprietary rights notices contained within the Medscape Network, including those of WebMD or Medscape and any of their respective licensors; Infringe or use the WebMD or Medscape brand, logos and/or trademarks in any business name, email, URL or other context unless expressly approved in writing by WebMD or Medscape, as applicable; Attempt to circumvent any protective technological measure associated with the Services; Attempt to access or search a Medscape Site, Medscape App or any content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers; Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam; Impersonate or misrepresent your affiliation with another person or entity; Harvest or otherwise collect information about others, including email addresses; Interfere with or disrupt any of the Services or the associated computer or technical delivery systems; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing a Medscape Site or a Medscape App; Fail to respect another user's privacy. This includes revealing another user's password, phone number, address, instant messenger I.D. or address or any other personally identifiable information; or Use a Medscape Site, Medscape App, the Services or any Medscape Content in any manner not permitted by these Terms. We may (but are not obligated to) do any or all of the following without notice: Record or pre-screen User Content submissions to public areas within the Medscape Network; Investigate your use of the Services as we deem appropriate to comply with any applicable law, regulation, government request or legal process; Remove User Content which we believe does not comply with these Terms of Use; Terminate your access to the Medscape Network upon our determination that you have violated these Terms of Use; and Edit Medscape Content. Information that you Make Available through the Services Certain Services enable users to submit content which may include, without limitation, text, images, photographs, figures, charts, graphics, reports, data and sound ("User Content"). User Content does not include Registration Information. When you submit User Content through the Services you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and exploit such User Content in any media, form or format now known or hereafter developed, both within and outside of the Medscape Network for any purpose that is consistent with the Medscape Privacy Policy. You agree that you are solely responsible for all User Content that you submit through the Services. You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content as specified in these Terms. You are solely responsible for ensuring that the User Content that you make available through the Services complies with applicable laws including, without limitation, those relating to privacy, and also best clinical and ethical practices. Prior to submitting any User Content to the Services, you must remove any information that identifies an individual or could reasonably enable the identification of an individual, e.g., name, e-mail address, social security number, insurance number or other unique identification number, biometric identifiers, facial photographs, photographs of identifying marks such as tattoos or scars. You shall be solely responsible for any claims arising from your failure to de-identify User Content that you submit through the Services. You agree that you will not use the Services to make available User Content that: you do not have the right to make available under any contractual or fiduciary agreement or law; infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; results in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) or any other applicable privacy laws; is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, offensive, or embarrassing to any other person or entity; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; promotes illegal activity; is fraudulent, false, misleading or deceptive; constitutes an advertisement or solicitation of business; or contains viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware. Proprietary Rights You acknowledge and agree that the Medscape Network and any software used in connection with the Medscape Network ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Medscape Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or "scrape" for commercial or any other purpose, the Medscape Network, the Medscape Content or the Software, in whole or in part. Any use of the Medscape Network or the Services not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties' intellectual property rights. You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. Privacy Policy The Medscape Privacy Policy, located at http://www.medscape.com/public/privacy, provides information about our collection, use and disclosure of information about users of the Services. By accessing and using the Services, you agree to the terms of the Privacy Policy and acknowledge and agree that the Privacy Policy forms an integral part of these Terms. Dealing with Third Parties Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the introduction of such third parties through the Services. Laws that Govern this Agreement We control those components of the Services made available through our respective websites from our offices within the state of New York in the United States of America. By accessing the Services, you agree that the statutes and laws of the state of New York, without regard to choice of laws principles, will apply to all matters relating to use of the Services. Notwithstanding the foregoing, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation as to the legal compliance of the Services or the Medscape Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the Services and the Medscape Content. Termination and Modification You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account and remove any User Content that you have made available through the Services, with or without notice, for any of the following reasons (which are not intended to be exclusive): (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account or access to the Services. Disclaimer THE MEDSCAPE NETWORK, SERVICES, MEDSCAPE SITES, MEDSCAPE APPS AND MEDSCAPE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE MEDSCAPE NETWORK, SERVICES, MEDSCAPE SITES, MEDSCAPE APPS AND MEDSCAPE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO INFORMATION PROVIDED THROUGH THE SERVICES OR BY US IN ORAL OR WRITTEN FORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MEDSCAPE NETWORK. YOU UNDERSTAND THAT WE DO NOT ASSUME RESPONSIBILITY FOR SCREENING ANY USER OF THE MEDSCAPE NETWORK NOR DO WE VERIFY OR TAKE RESPONSIBILITY FOR USER CONTENT. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PRODUCT USERS, THERAPIES, TESTS, PHYSICIANS, HEALTHCARE PROFESSIONS OR OPINIONS. Liability In no event will WebMD, Medscape or any other person or entity involved in creating, developing or delivering the Medscape Network, the Medscape Sites, the Medscape Apps, the Services or the Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) arising out of or in connection with these Terms or from the use of or inability to access or use the Medscape Network, the Medscape Sites, the Medscape Apps, the Services or the Medscape Content, or from any communications or interactions with other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information provided through the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Indemnity You agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Medscape Network, the Medscape Sites, the Medscape Apps, the Services and the Medscape Content or your violation of these Terms. Notice and Take Down Procedures and Copyright Agent If you believe any materials within the Medscape Network infringe your copyright, you may request removal of those materials (or access thereto) by contacting Medscape Customer Support at MedscapeCustomerSupport@webmd.net and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. We may terminate the account of any user who we determine is a repeat infringers. Modifications We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the Services, the Medscape Content or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the Medscape Network. By continuing to access or use the Services after we have modified these Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Medscape Network and the Services. Complete Agreement Except as expressly provided in a particular "legal notice" on the website, these Terms constitute the entire agreement between you, WebMD and Medscape with respect to your use (and prior use) of the Medscape Network and the associated Services and Medscape Content. These Terms constitute the entire and exclusive understanding and agreement between WebMD, Medscape and you regarding Medscape Network and the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between WebMD, Medscape and you regarding the Medscape Network and the Services. Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without WebMD and Medscape's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. WebMD or Medscape may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns Notices Any notices or other communications permitted or required hereunder, including those regarding material modifications to these Terms, will be in a written form and given: (i) by us via email (in each case to the email address included in your Registration Information); or (ii) by posting within the Medscape Network. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. No Waiver Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Survival All provisions of these Terms shall survive termination of your Medscape Network account except for your license to access and use the Services and the Medscape Content. Contact Us If you have questions about the Services or these Terms, or you wish to provide feedback, please contact us at MedscapeCustomerSupport@webmd.net. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to us to use to improve the Services. Last updated: November 10, 2015. Medscape Privacy Policy This Privacy Policy applies to the websites www.medscape.com and www.medscape.org, which are operated by WebMD LLC ("WebMD") and Medscape LLC ("Medscape"), respectively, including the mobile optimized versions of these websites (collectively, the "Sites"). Except where otherwise noted, statements in this Privacy Policy with respect to the Sites also apply to the Medscape Device Applications (or "Apps") for iPhone, iPad and Android devices which include Medscape Mobile, Medscape Medpulse and Medscape Business of Medicine. The Sites and Apps are referred to as the "Medscape Network." References to "we," "us" or "our" refer to WebMD and Medscape. This Privacy Policy describes how we may collect, use and disclose information about users of the Services. The "Services" for purposes of this Privacy Policy means the Sites, the Apps and all information and services provided to you in connection with your use of the Sites and Apps including, without limitation, news, reference content, tools, applications, sponsored programs, advertising, email communications, continuing medical education and discussion boards. We may share information collected under this Privacy Policy among the respective Sites and Apps that we each own or control, but information collected under this Privacy Policy is always protected under the terms of this Privacy Policy. Information That We Collect In this section of our Privacy Policy, we discuss the information we may collect about you in connection with your use of the Services, which can include "Personal Information" (i.e., information that we can use to identify you, such as your name or email address) and "Non-Personal Information" (i.e., information that we do not use to identify you). As described below, we may associate Non-Personal Information with Personal Information and upon doing so such information will become Personal Information. Registration. When you register to become a member of the Medscape Network, we request certain Personal Information from you such as your name and email address, zip code, profession, occupation and specialty. You may choose to update and/or supplement the Personal Information that you provided at registration at any time through your account settings. Public Forums: When you post a comment on a discussion board or other public forum, by default your username, specialty and degree will be displayed along with your comment. You may choose to display additional information in your public forum profile by adjusting your discussion profile settings, and in some instances you may be able to customize your username specifically for commenting purposes. Information that you post within a public forum is public information and may be used by us and third parties, as further described in the Medscape Terms of Use. Sponsored Programs: When you use the Services you may be presented with advertisements and opportunities to engage in industry-sponsored informational programs consisting of sponsor-selected materials ("Sponsored Programs"). All advertisements and Sponsored Programs (including any links to Sponsored Programs) will be identified to you by the label Advertisement, Information from Industry, Sponsored, WebMD Professional or some similar designation indicating that the content has been selected by a third-party sponsor. Examples of Sponsored Programs include information resources featuring branded or unbranded commercial content, interactive programs that provide information about medical conditions, treatments and products, and multi-media presentations including videos featuring key opinion leaders. We may make Sponsored Programs available to you through email or on-site or in-App media units, all of which will be identified as described above. When you choose to engage in a Sponsored Program, you may be asked to provide Personal Information which may be provided directly to the third-party sponsor and also used by us as described in this Privacy Policy. In addition, you may be presented with polling questions from the sponsor. We also collect Non-Personal Information about your use of Sponsored Programs through cookies and web beacons, as described below. Market Research: From time to time, we may invite you to participate in market research surveys for WebMD and market research surveys conducted on behalf of third party sponsors either by WebMD or a third party ("Sponsored Surveys"), where in this context "sponsor" means the provider of products and services who commissioned the survey. WebMD surveys may be administered by one of our companies or by a third party acting on our behalf. For some surveys, you may be asked to provide contact information for honoraria fulfillment. Continuing Medical Education. When you participate in a Continuing Medical Education (CME) or a Continuing Education (CE) activity made available to you through the Medscape Network, you may be asked to provide Personal Information as required by that particular activity. Tools: Clinical tools may be available through the Services. These tools may require you to provide Personal Information for the tools to operate. Additional Forms: From time to time we may offer you the opportunity to receive additional information or services from us or from third parties (e.g., sample request, sales rep visit, etc.). If you wish to receive such information, you may be asked to provide additional Personal Information to fulfill the request. We may use such information as described in this Privacy Policy and the third party, if applicable, will use such Personal Information as described at the point of collection. Cookies and Web Beacons. We collect Non-Personal Information about your use of the Sites and the Apps, as further described in the Mobile Device Application section, below, through the use of cookies and web beacons. "Cookies" are small data files that we assign to your computer's hard drive when you visit a Site, an App, or open an email. "Web beacons" are graphic image files imbedded in a web page typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located and the content viewed, the type of browser that is accessing the site and the ID number of any cookies on your computer previously placed by that server. Most browser software can be set to reject all cookies, however, if you choose to reject cookies then your ability to access and use the Sites and Services will be limited. We use web beacons and cookies to: (i) track usage of the Services; (ii) help us deliver more relevant advertising and content to users of the Services; (iii) assess which Services our users access; and (iv) track who has opened our emails. If you are a member of the Medscape Network, we may elect to associate our cookies and the information collected by our cookies with your registration information, thereby making the cookie information Personal Information. Third parties under contract with WebMD may use cookies or web beacons to help WebMD deliver advertising to you on properties within the Medscape Network and on properties outside of the Medscape Network that are not owned and operated by WebMD. Advertisers that market to you through the Services may use their own cookies, web beacons or other online tracking technologies in the sponsored content served to you, including banner advertisements, sponsored links, emails and pages on the Site ("Brand Pages") that consist solely of advertisements or other content from our advertisers. Some advertisers use companies other than WebMD to serve their sponsored content on their behalf and to monitor users' responses to this content. These companies ("Ad Servers") may also collect Non-Personal Information through the use of cookies or web beacons. While we generally permit the use of these third party cookies on the assumption that they comply with our Advertising Policy and we assist our advertisers with the placement of cookies or beacons on Brand Pages, we do not have control over these third parties' use of cookies or web beacons or how they manage the Non-Personal Information they gather through them and we may be unable to verify compliance with our Advertising Policy. Mobile Device Application. You must register with the Medscape Network to access the Apps which means that all information that we collect about your use of the Apps is Personal Information that we may use in the same manner as information about your use of the Sites as described in this Privacy Policy. If you do not want us to collect Personal Information about your use of our Apps, then please do not use our Apps. We do not obtain any information about your mobile device other than its brand, make and model and the type of operating software that it uses. Non-registered Users. You must register with the Medscape Network to access all of the Services, however, you may be able to access certain limited Services without registering. Even if you have not registered, we collect Non-Personal Information about your use of the Services through the use of cookies. The Non-Personal Information we collect includes the referring website, if applicable, the type of browser you use, the material viewed, and the time and date that you accessed the Services. Emails You Send to Us. This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to us by email or other non-Site communication. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them to us in an email or other non-Site communication such as regular mail. Information from Third Party Sources. We may also collect additional information about members of the Medscape Network from third party sources to assist us in providing the Services. For example, we may use third party information to verify and update your registration information and to personalize the Services provided to you, including advertising. How We May Use Your Information In this section of our Privacy Policy, we discuss how we may use the Personal Information and Non-Personal Information that we collect about you. Communications. By registering for the Services, you are consenting to receive certain communications. Specifically, we may use your registration information to send you communications about our products and services and the products and services of our third party sponsors through pop-ups, banners and emails. You may also subscribe to receive certain email newsletters sent to registered users from time to time which you may manage through the newsletter subscriptions area within your account settings. Marketing and Advertising. In connect with advertising and marketing activities, WebMD may: Target advertising and marketing communications based on information that we collect about your use of the Services and information about you that we obtain from third party sources. For example, a user that WebMD believes is a cardiologist may be served cardiology-related advertisements on both WebMD-owned and third party websites that a user that WebMD believes is a neurologist will not see. Similarly, a user that WebMD believes is a healthcare professional that treats diabetes may be served advertisements for new diabetes therapies that other users would not see. WebMD serves these ads through the use of cookies and web beacons, as described above. WebMD may also geographically target advertising and marketing communications based on your Internet Protocol ("IP") address. Personalize the Services, including the content and advertising that registered users see within the Medscape Network, on third party sites and through other communications such as email, based on their interests. For example, you may see different articles and advertisements in different places on www.medscape.com and in emails that we send to you based on (i) information you have shared with WebMD such as your specialty; (ii) information that WebMD has obtained by observing your previous activity within the Medscape Network; or (iii) information that WebMD has received from third party sources, as described in this Privacy Policy. Work with third parties to allow advertisers to serve you ads within the Medscape Network using information that such advertisers have collected from third party sources. For example, if you looked at an advertisement for an automobile on a third party website you may receive an advertisement for that automobile on a Site through the use of cookies. Member Profiles. As described above, we use web beacons and cookies to track your use of the Services, including content consumption, and may associate this information with other information that we have about you, including Personal Information, thereby creating a profile of you that we may update from time to time ("Member Profile"). Research, Development and Evaluation Activities. We use information that we collect about users of our Services, including Personal Information, to evaluate and improve the effectiveness of the Services (including advertising and Sponsored Programs), to develop new Services and for market analysis. We may combine this information with information that we obtain from third parties. Account Management. We may use your account information to administer your account, respond to your inquiries you send to us and to send you administrative communications about the Services. Disclosure of Your Information to Third Parties Companies and People Who Work for Us: We each contract with other companies and individuals to help us provide the Services and to otherwise assist us in the operation of our businesses. For example, we may host one of our Sites on another company's computers, hire technical consultants to maintain our clinical tools, work with companies to analyze data, provide marketing assistance (including assisting us in targeting our advertisements as described herein) or to provide customer service or fulfillment services. In addition, if you are a healthcare professional, we may request that a third party validate your licensure status and other information against available databases of healthcare professionals. Notwithstanding anything to the contrary herein, we may provide these companies and individuals with Personal Information about users of our Services so that they can fulfill their responsibilities to us, however, we do require that they agree to limit their use of this Personal Information to the fulfillment of these responsibilities. Aggregated Information. We may provide aggregated information about users of our Services to third parties as we deem appropriate in our sole discretion. For example, WebMD may tell a customer what percentage of registered users of the Medscape Network reside in a particular geographical area or specialize in a particular clinical area, or what percentage of participants in a market research survey selected a particular response to a survey question. We may also use Personal Information to evaluate the performance of an advertising campaign and may provide aggregate outcomes information to the advertiser. Advertising and Sponsored Programs: We may provide your Personal Information to third party sponsors of advertisements and Sponsored Programs. Specifically, when you are exposed to an advertisement through the Services, whether on a Site, in a newsletter or through some other means, or when you engage in a Sponsored Program, e.g., access a sponsored information resource or open a Sponsored Program email from WebMD Professional, WebMD may provide your Personal Information, such as your name and specialty, but not your contact information such as email address and postal address, to the sponsor of the advertisement or Sponsored Program and/or its agents on the sponsor's behalf. We may also provide such third parties with details about your engagement with the advertisement or Sponsored Program (e.g., whether you viewed or otherwise interacted with certain content), your answers to any polling questions contained in the Sponsored Program that you have chosen to provide and information about you that we have received from third parties. Additionally, when you register as a member of the Medscape Network, we may provide your Personal Information, excluding contact information, to potential sponsors of advertisements and Sponsored Programs that may be offered or provided to you through the Services. We are not responsible for how these third parties use your information and manage your privacy. Member Profiles. WebMD may provide Member Profiles (excluding contact information, such as email address and postal address, and information about your participation in specific named CME and CE activities) to third parties, including our pharmaceutical manufacturer customers, which they may use for their business purposes including marketing. We require these third parties to agree that they will use Member Profiles in accordance with applicable laws and regulations. By registering as a member of the Medscape Network and using the Services, you consent to WebMD's disclosure of your Member Profiles to third parties as described herein. Market Research Surveys: If you receive remuneration for participating in a Sponsored Survey, we may be required to provide the sponsor (or the market research company acting on its behalf) with your Personal Information for the sponsor's recordkeeping and/or regulatory reporting purposes. If you chose to access a Sponsored Survey that is conducted by a third party market research company, we may identify you to this company through the survey link. Sometimes market research companies send us lists of individuals they wish to reach with particular Sponsored Surveys, and we may inform these companies which of these individuals are members of the Medscape Network so that they can manage their survey recruitment needs accordingly. Also, certain market research survey opportunities made available to you through the Services require the market research company to contact you directly to conduct the Sponsored Survey. We will inform you in the associated survey invitation that we intend to provide your contact information to the market research company that is conducting the Sponsored Survey so that you can decide at such time if you wish to proceed with the opportunity. We do not disclose your Sponsored Survey responses to the associated sponsor in a manner identifiable to you. Continuing Medical Education: We may share your Personal Information with the accreditors of our continuing education programs. Medscape is accredited by the Accreditation Council for Continuing Medical Education (ACCME), the American Nurses Credentialing Center and the Accreditation Council for Pharmacy Education to provide continuing education to physicians, nurses and pharmacists, respectively (collectively, "CME/CE"). As an accredited entity, Medscape is required to periodically submit Personal Information about CME/CE participants and the CME/ CE activities that Medscape certifies, as requested by the applicable accrediting entity. Medscape and WebMD Global LLC ("WebMD Global"), an affiliated company that also provides continuing medical education activities through the Medscape Network, may provide your Personal Information to other accredited providers who certify CME/CE offered through the Services as required by these other providers to process the credits that that you earn by completing the applicable CME/CE activity, to fulfill their reporting obligations to the ACCME and other accrediting bodies and as required for their internal recordkeeping purposes. Supporters of Medscape and WebMD Global's continuing medical education activities will receive only aggregated data about CME/CE activities that they support including participation and outcomes measurement. Logging in to Another Website Using Your Medscape Credentials: Certain third party websites permit you to log in using your Medscape username and password. If you choose to log in to one of these websites using your Medscape log in credentials, we may give this website information included in your registration profile including Personal Information such as your name, specialty, occupation and email address, (but not your Medscape username and password), which the operator of the website has agreed to use in accordance with its website's privacy policy. You should review the third party website's privacy policy before logging in. If the privacy policy of the third party site permits, we may receive information about your use of this third party site, which we may use in accordance with this Privacy Policy. Consent: We may disclose your Personal Information to a third party in a manner not addressed by this Privacy Policy subject to your consent. Business Transfers: If one of us transfers a business unit (such as a subsidiary) or an asset (such as a website) to another company, that company will be required to treat any Personal Information collected under this Privacy Policy consistent with the applicable terms of this Privacy Policy. Legal Requirements: We may release account and other Personal Information when we believe release (1) is required to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) is reasonable in response to a physical threat to you or others, to protect property or defend or assert legal rights of us or others. Security of Information We have implemented technology and security policies and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also require that all of our employees and others who have access to or are associated with the processing of your data respect your confidentiality. We use security methods to determine the identity of registered users, so that appropriate rights and restrictions can be enforced for that user. Reliable verification of user identity is called authentication. We use both passwords and usernames to authenticate users. Users are responsible for maintaining the security of their Medscape login credentials. Access to Information and Choices Account Information. You may update your registration information at any time through the Account Management feature available on each of the Sites and Apps. You may also contact Customer Support at MedscapeCustomerSupport@webmd.net and request that your registration information be updated or deleted. Upon your request, we will delete your registration information from our active databases and where feasible, from our backup media. Note that if we delete your account, we may maintain certain demographic information about you for product improvement purposes. Cookies. Most browser software can be set to reject Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. However, if you reject our cookies, your ability to access and use the Sites and Services will be limited. Certain Ad Servers allow you to prevent them from collecting data through the use of cookies. In order to do so, you must opt-out of such data collection with each individual site. Currently, you can opt out of cookies for several Ad Servers by visiting the Network Advertising Initiative gateway opt-out site. This website will also allow you to review the Ad Server's privacy policies. The Sites do not respond to web browser "do not track" signals. Email Communications. If you no longer wish to receive a particular type of email communication from WebMD or Medscape, you may unsubscribe by clicking the "unsubscribe" link located at the bottom of the email and following the instructions. Also, you may manage your newsletter subscriptions within the newsletter subscriptions area within your account settings. Note to Users Outside of the United States WebMD, Medscape and WebMD Global are located in the United States. We will collect, store, and process your information that we obtain from the use of the Services in the United States and these activities shall be governed by applicable United States laws and regulations and this Privacy Policy. The information may be available to the United States government or its agencies under legal process made in the United States. In addition, we may transfer your information outside the United States to service providers and customers with operations in other countries. By using the Services, you consent to such collection, storage and processing in the United States and elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your information. Children's Privacy The Medscape Network and the Services are designed and intended for use by adults, and are not intended for nor designed to be used by children under the age of 18. We do not collect Personal Information from any person we know is under the age of 18. Privacy Policy Changes We reserve the right to modify this Privacy Policy at any time and any changes will be effective upon posting of the modified Policy unless we advise otherwise. If we make any material changes to this Policy we will notify you by email (sent to the email address included in your account profile) and/or by means of a notice on the Medscape Network at the time that the change becoming effective. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. If you do not accept the terms of this Privacy Policy, we ask that you do not register with us and that you do not use the Services. By continuing to use the Services after changes are made to this Privacy Policy, you are consenting to such changes. Privacy Questions or Concerns For privacy questions or concerns about one of our Web sites or Services, please contact MedscapePrivacy@webmd.net. Terms of Use The Medscape Terms of Use can be found at http://www.medscape.com/public/termsofuse. Effective date: August 10, 2016 National Computational Infrastructure High Performance Computing Conditions of Use Associated with each of NCI’s access schemes are certain requirements, expectations, policies and conditions of use that must be observed or adhered to, together with relevant legislation of the Commonwealth of Australia. Access Restrictions Under Australian Government Legislation Access to NCI facilities may be restricted under the international sanctions treaties, the Autonomous Sanctions Act (2011, Cth) and the Defence Trade Controls Act (2012, Cth). Sanctions Australian sanction laws implement the United Nations Security Council (UNSC) sanctions regime and the Australian autonomous sanctions regime. These laws restrict financial transactions and prohibit the supply of military or strategic goods and services (including technology transfer, technical assistance or advice and dual use goods) to a sanctioned country or designated person. Countries sanctioned under the Autonomous Sanctions legislation are listed on the Department of Foreign Affairs website. Where access to NCI infrastructure and services is proposed for a foreign national from a Sanctioned Country, the institution at which the person is a staff member, student or affiliate must provide a certification, signed by a responsible officer, that the use of NCI facilities in support of the project is not in breach of Australian sanctions legislation. Download the NCI Sanctions Declaration Form Restrictions under the Defence Trade Controls Act The Defence Trade Controls Act (DTCA) strengthens Australia’s existing export controls, through the identification and regulation of sensitive military and dual-use technologies (listed in the Defence and Strategic Goods List, DSGL), and also implements the Australia-US Defence Trade Cooperation Treaty. The DSGL includes reference to supercomputing technology of the scale of that which is operated by NCI. While the DTCA has been in force since 2013, the conditions requiring permits to be obtained, against the possibility of criminal sanctions, are due to come into force, on present indications, from May 2015. The complexities of the DTCA are myriad and so the leaders of projects using NCI resources—through partner shares, the open-access merit allocation scheme (NCMAS), the NCI Flagship Scheme, and the Commercial/Industry Access Scheme—will need to make enquiries from their DTCA compliance officer as to how their research usage and research collaborations may be affected. Research that involves international collaborators, especially where those collaborators will be seeking to log into the supercomputer from overseas, may require a permit. Accordingly, Project Leaders will be required to identify if their project requires a DTCA permit, and certify this information in project application forms so that appropriate controls on the use of the NCI infrastructure may be devised. The responsibility for seeking this advice, and declaring it, rests with the applicant’s employing organisation and not with ANU, as the host of NCI. Acceptable Use General ANU IT Usage Requirements All users of NCI infrastructure and services must comply with the relevant aspects of the Australian National University Acceptable Use of Information Technology Policy, as detailed below. Use ANU/NCI IT and the ANU Internet Information Services (IIS) within the directions, limits and obligations of ANU Statutes and Rules, and maintain an appropriate level of awareness and compliance with University Policies and Procedures; Not intentionally attempt to breach IIS security to access information or other parts of the IIS that are outside their authority; Not use another person’s credentials, or masquerade as, or represent, another user; Not use ANU/NCI IT or the ANU IIS to harass, threaten, defame, libel, or illegally discriminate, as defined in relevant legislation including the Discrimination and Telecommunications Acts; Not create, transmit, access, solicit, or knowingly display or store electronic material that is offensive, disrespectful or discriminatory as identified under the ANU Code of Conduct: Respect and fair treatment of people; clauses 18 and 19; Use software within the conditions of use specified in the software licence or within any licence agreement between the ANU/NCI and a software vendor; Not modify or remove ANU/NCI information without authority to do so; Not breach the confidentiality of others, or ANU/NCI, and the confidential information of others or the ANU/NCI. Information is considered confidential, whether protected by the computer operating system or not, unless the owner intentionally makes that information available; Not damage or destroy IT equipment used to access the ANU IIS, or any part thereof. NCI Additional Requirements In addition to the ANU Conditions of Use, NCI requires that: NCI facilities and resources are to be used only for activities that are related directly to approved projects; Users must never disclose or share their password or credentials with anyone, including fellow project members, or NCI staff; Project Leaders must notify NCI at user.admin@nci.org.au should the status of any registered user associated with their project change; Users must notify NCI at user.admin@nci.org.au should their status (e.g., as an employee or student) change, or their contact details change; Users must hold NCI blameless in the event of a loss of data, unauthorised access, or unanticipated downtime of the facilities. Use of Project Allocations Project leaders and research users must be aware that the grants awarded are entitlements to use a resource share. Accordingly, while every effort is made to support projects that are granted allocations, it is not possible to guarantee full utilisation due to a combination of scheduling, networking and other capacity issues. Project leaders and research users who have large resources allocations need to be aware that such allocations will need to be actively administered so that the grant is consistently, and uniformly, used throughout each quarterly allocation period. If this is not done, it may compromise both the use of the relevant access share (e.g., partner share, NCMAS, etc.) from which the allocation has been granted, and the optimal utilisation of the facility as a whole. Resources allocated should be used in as efficient a manner as possible to ensure the effectiveness of the entire facility. Accordingly, users should: Request only the physical resources that reasonably reflect the needs of their jobs; Be aware that system administrators closely monitor the use of facilities and can identify inefficient practices. In cases where the usage is entirely contrary to the efficiency and effectiveness of the facility, this will be drawn to the attention of the user(s), together with suggestions and a request that their practices be rectified. Where these requests and/or suggestions go unheeded, NCI, at its discretion, may suspend access to the computational resources. Data Retention NCI provides: Home directories (/home) on its peak and cloud systems—which are backed-up on tape on a nightly basis; Scratch storage on its supercomputer system (/short), which is a temporary (input and output) working storage on which files may be retained for the duration of active work, or for a period of up to 6 months (subject to change)—but which is not backed-up; Project storage for the long-term retention of data on its high-performance persistent disk store, and/or on tape; Tape archive (/massdata), on which dual copies are typically written. Data on scratch storage cannot be held there indefinitely. Such data which is required for subsequent use should be transferred to either project storage or the tape archive within the NCI environment, or offsite. Project leaders and research users with large-scale data and storage requirements must establish a data management plan, in consultation with the NCI support team, and have access to a share that can provide the necessary storage. NCI staff will work with the project team to provide a solution that is effective for the project, which is efficient for NCI, and which maximises the security of the data to within the limits of the resources available. While NCI will make every effort to ensure the security of your data, it is unable to provide absolute guarantees to this effect. Reporting The NCI infrastructure is provided by the Australian Government through its National Collaborative Research Infrastructure Strategy. Accordingly, NCI is required to report on the usage of the facility, and on the impact of outcomes arising from its use. Project leaders and users must therefore understand that their research usage of the facility comes with obligations to complete reasonable reporting requirements (e.g., progress reports, provision of publication data, etc.). Acknowledgement of NCI in publications It is a condition of use that use of the NCI facilities be acknowledged in publications. An acceptable form of words is: This research was undertaken with the assistance of resources from the National Computational Infrastructure (NCI), which is supported by the Australian Government. Where NCI staff have made a significant contribution to the conduct of the research, it is appropriate that they be acknowledged as a co-author of the publication. In this case, the relevant institutional affiliation should be recorded as National Computational Infrastructure, Australian National University, Canberra ACT 2601, Australia. Value of Resources University researchers may wish to quote the value of resources allocated on NCI facilities as an in-kind contribution in grant applications to the national research councils, i.e., the Australian Research Council and the National Health and Medical Research Council. The current value of the computational resources for academic usage is set at $0.04 per core hour (excl. GST). Storage provision can be costed separately and it is suggested that researchers contact NCI at help@nci.org.au for an estimate. Off-Net Transfers Where possible, users are expected to access the NCI facilities via AARNet (referred to as “on-net” access), or through an internet service provider (ISP) that peers with AARNet. While data transfers to or from facilities which are “on-net” do not incur additional charges, transfers into NCI from facilities which are “off-net” incur a charge of approximately $5.50 per gigabyte. Accordingly, NCI: Will cover the AARNet charges which it incurs, although projects must pay for any communications charges billed directly to them by AARNet, or any other communications organisations; Reserves the right to charge users the cost of excessive off-net data traffic as a condition of access to the facilities. NB: You can query the off- versus on-net status of an IP address on this AARNet webpage. Accessing Assistance NCI User Services provides a Help Desk (help@nci.org.au) to assist users in the conduct of their work, and the use of the NCI systems. It is accepted practice that users will consult the User Guide and FAQs before contacting the Help Desk, in order to reduce the workload generated by otherwise unnecessary queries. Conditions of Use for Endnote version X7 for Mac OSX - a copy of these Conditions of Use will be automatically emailed to your email address as indicated above: Conditions of Use at UQ 1. The software may be used only while the user is an eligible member of The University of Queensland i.e. a staff or student member of the University. The licence to use the software under this agreement will terminate when you are no longer a staff member or student of the University of Queensland. 2. The software may be used only during the term of the licence agreement. The current licence expires on 24-September-2017 and use of the software and documentation will be discontinued at that time and removed from computers if another agreement has not been entered into. 3. The software may be used at the University of Queensland or at your principal residence but is limited to use related to course work, research or other work directly related to your relationship with the University of Queensland. 4. The software cannot be sold, lent, or given to anyone except eligible members of the University of Queensland. Eligible Members of the University of Queensland are: *Staff currently employed by the University of Queensland *Postgraduate and Undergraduate students currently enrolled in programs at the University of Queensland *The licence permits use by any employee of Queensland Health or Mater Health who also holds a clinical or adjunct title with the University of Queensland. Recently, the Library successfully negotiated an extension to this licence which also permits authorised users to install and use a copy of the software on a single computer owned/operated by Queensland Health or Mater Health for the purposes of their UQ related work or research. If you leave the University of Queensland you may not continue to use the software. If you wish to continue using the software you can make further enquiries to the Australian distributors, Crandon Services Pty.Ltd. Apple Media Services Terms and Conditions These terms and conditions create a contract between you and Apple (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.” The following terms and conditions are subject to consumer protection laws, including the Australian Consumer Law, which may limit the ability to exclude liability or may imply warranties or conditions or impose obligations which cannot be modified, restricted or excluded (except to a limited extent). Any disclaimer of warranties and liability limitations applies subject to any rights you may have under such laws. A. INTRODUCTION TO OUR SERVICES This Agreement governs your use of Apple’s services (“Services”), through which you can buy, get, license, rent or subscribe to media, apps (“Apps”), and other in-app services (“Content”). Our Services are: iTunes Store, App Store, iBooks Store, Apple Music, and Apple News. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors. B. USING OUR SERVICES PAYMENTS, TAXES, AND REFUNDS You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Apple, and/or you and the entity providing the Content on our Services. However, if you are a customer of iTunes S.à.r.l. and you acquire an App or a book, iTunes S.à.r.l. is the merchant of record; this means that you acquire the Content from iTunes S.à.r.l., and it is licensed by the App Provider (as defined below) or book publisher. When you make your first Transaction, we will ask you to choose how frequently we should ask for your password for future Transactions. If you enable Touch ID for Transactions, we will ask you to authenticate all Transactions with your fingerprint. Manage your password settings at any time by following these instructions: https://support.apple.com/en-us/HT204030. Apple will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability). For details about how Transactions are billed, please visit http://support.apple.com/kb/HT5582. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by Apple, to the full extent permitted by law. Your statutory rights are not affected. From time to time, Apple may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles Apple to a corresponding counterclaim. Terms related to gift cards/codes are available here: http://www.apple.com/legal/internet-services/itunes/giftcards/. APPLE ID Using our Services and accessing your Content requires an Apple ID. An Apple ID is the account you use across Apple’s ecosystem. Your Apple ID is valuable, and you are responsible for maintaining its confidentiality and security. Apple is not responsible for any losses arising from the unauthorized use of your Apple ID. Please contact Apple if you suspect that your Apple ID has been compromised. You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an Apple ID and use our Services. Apple IDs for persons under this age can be created by a parent or legal guardian using Family Sharing or by an approved educational institution. PRIVACY Your use of our Services is subject to Apple’s Privacy Policy, which is available at http://www.apple.com/legal/privacy/. SERVICES AND CONTENT USAGE RULES Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Apple may monitor your use of the Services and Content to ensure that you are following these Usage Rules. The Usage Rules do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. All Services: - You may use the Services and Content only for personal, noncommercial purposes (except as set forth in the App Store Content section below). - Apple’s delivery of Content does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. - You can use Content from up to five different Apple IDs on each device. - It is your responsibility not to lose, destroy, or damage Content once downloaded. We encourage you to back up your Content regularly. - You may not tamper with or circumvent any security technology included with the Services. - You may access our Services only using Apple’s software, and may not modify or use modified versions of such software. - Video Content requires an HDCP connection. iTunes Store Content: - You can use Digital Rights Management (DRM)-free Content on a reasonable number of compatible devices that you own or control. DRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers. - Content rentals are viewable on a single device at a time, and must be played within 30 days, and completed within 24 to 48 hours of the start of play depending on the Content offered on the Services in your Home Country (stopping, pausing or restarting does not extend this period). - You may burn an audio playlist to CD for listening purposes up to seven times (this limitation does not apply to DRM-free Content). App Store Content: - The term “App” includes apps, iMessage and Apple Watch apps, in-app purchases, extensions (such as keyboards), stickers, and subscriptions made available in an app. - You can use Apps on any device that you own or control. - Individuals acting on behalf of a commercial enterprise, governmental organization or educational institution (an “Enterprise”) may download and sync Apps for use by either (i) a single individual on one or more devices owned or controlled by an Enterprise; or (ii) multiple individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity, each device used serially or collectively by multiple users requires a separate license. iBooks Store Content: - You can use DRM-free Content on any compatible device that you own or control. DRM-protected Content can be used on up to five computers and any number of devices that you sync to from those computers. - You may not burn iBooks Store Content to disk. Apple Music: - You can use an Individual Apple Music membership on up to 10 devices (only five of which can be computers). - An Individual Apple Music membership allows you to stream on a single device at a time; a Family membership allows you or your Family members to stream on up to six devices at a time. REDOWNLOADS You may be able to redownload previously acquired Content (“Redownload”) to your devices that are signed in with the same Apple ID (“Associated Devices”). You can see Content types available for Redownload in your Home Country at https://support.apple.com/en-us/HT204632. Content may not be available for Redownload if that Content is no longer offered on our Services. Associated Devices Rules: You can have 10 devices (but only a maximum of 5 computers) signed in with your Apple ID at one time. Each computer must also be authorized using the same Apple ID (to learn more about authorization of computers, visit https://support.apple.com/en-us/HT201251). Devices can be associated with a different Apple ID once every 90 days. SUBSCRIPTIONS The Services and certain Apps may allow you to purchase access to Content or services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends. CONTENT AND SERVICE AVAILABILITY Terms found in this Agreement that relate to Services, Content types, features or functionality not available in your Home Country are not applicable to you unless and until they become available to you. To see the Content types available to you in your Home Country, go to the Services or visit https://support.apple.com/en-us/HT204411. NON-APPLE DEVICES If you use our Services on a non-Apple-branded device, you may not be able to access all features or Content types. Terms in this Agreement relating to unavailable features or Content types are not applicable to you. If you later choose to access our Services from an Apple-branded device, you agree that all terms of this Agreement will apply to your use on such device. C. YOUR SUBMISSIONS TO OUR SERVICES Our Services may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby grant Apple a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. Apple may monitor and at any time decide to remove or edit any submitted material that, in the reasonable opinion of Apple, does not comply with the Submissions Guidelines. Submissions Guidelines: You may not use the Services to: - post any materials that you do not have permission, right or license to use; - post objectionable, offensive, unlawful, deceptive or harmful content; - post personal, private or confidential information belonging to others; - request personal information from a minor; - impersonate or misrepresent your affiliation with another person, or entity; - post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements; - plan or engage in any illegal, fraudulent, or manipulative activity. D. FAMILY SHARING Family Sharing allows you to share eligible Content with up to six members of a Family. The organizer of a Family invites other members to participate, and agrees to pay for all Transactions initiated by Family members (the “Organizer”). The Organizer must be 18 years or older and the parent or legal guardian of any Family member under age 13 or the equivalent minimum age in their Home Country (as set forth in the registration process). Apple devices are required for access to all of the Family Sharing features. The Organizer's payment method is used to pay for any Transaction initiated by a Family member (except when the Family member’s account has store credit, which is always used first). Family members are acting as agents for the Organizer when the Organizer’s payment method is used. The Organizer hereby agrees (1) to pay for such Transactions, and (2) that Transactions initiated by Family members are authorized. Organizers are responsible for complying with their payment method contract, and assume all risk related to sharing access to the payment method with Family members. A receipt or invoice for any Family member Transaction is sent to the initiating Family member and the Organizer. Ask to Buy: Ask to Buy is a convenient feature that allows an Organizer to approve each Transaction initiated by a Family member under age 18 (or the equivalent age of majority in your Home Country). The Organizer must be the parent or legal guardian of any Family member for whom Ask to Buy is activated. Products downloaded from Family members or acquired via redemption codes are not subject to Ask to Buy. Family Member changes: When a Family member leaves or is removed from the Family, the remaining Family members may no longer be able to access the former member’s Content, including Content acquired with the Organizer’s payment method. Family Sharing Rules: You can only belong to one Family at a time, and may join any Family no more than twice per year. You can change the Apple ID you associate with a Family no more than once every 90 days. All Family members must share the same Home Country. Not all Content, including In-App Purchases, subscriptions, and some previously acquired Apps, are eligible for Family Sharing. E. RECOMMENDATION FEATURES The Services will recommend Content to you based on your downloads, purchases and other activities. You may opt out from receiving such recommendations in your account settings. Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Apple permission to collect and store certain data, including but not limited to data about your device activity, location, and usage. Please carefully read the information presented when you turn on these features. F. ADDITIONAL ITUNES STORE TERMS SEASON PASS AND MULTI-PASS A Pass allows you to purchase and receive television Content as it becomes available. A Season Pass applies to television Content that has a limited number of episodes per season; a Multi-Pass applies to television Content that is available on an ongoing basis. The full price of a Season Pass or Multi-Pass is charged at the time of the Transaction. Season Pass or Multi-Pass Content is available for download up to 90 days after the last episode becomes available. If automatic renewal is selected when you obtain a Multi-Pass, you will be charged the full price of each subsequent Multi-Pass cycle. You can turn off automatic renewal prior to the beginning of the next Multi-Pass cycle in your account settings. If a Content provider delivers to Apple fewer TV episodes than planned when you purchased a Season Pass, we will credit to your Apple ID the retail value of the corresponding number of episodes that were not provided to Apple. G. ADDITIONAL APP STORE TERMS LICENSE OF APP STORE CONTENT App licenses are provided to you by Apple or a third party developer (“App Provider”). If you are a customer of iTunes S.à.r.l., the merchant of record is iTunes S.à.r.l., which means that you acquire the App license from iTunes S.à.r.l., but the App is licensed by the App Provider. An App licensed by Apple is an “Apple App;” an App licensed by an App Provider is a “Third Party App.” Apple acts as an agent for App Providers in providing the App Store and is not a party to the sales contract or user agreement between you and the App Provider. Any App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless Apple or the App Provider provides an overriding custom license agreement (“Custom EULA”). To the full extent permitted by law, the App Provider of any Third Party App is solely responsible for its content, warranties, and claims that you may have related to the Third Party App. You acknowledge and agree that Apple is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party App and may therefore enforce such agreement. Certain Apps, such as stickers and iMessage apps, may not appear on the device springboard but can be accessed and used in the Messages app drawer. IN-APP PURCHASES Apps may offer content, services or functionality for use within such Apps (“In-App Purchases”). In-App Purchases that are consumed during the use of the App (for example, virtual gems) cannot be transferred among devices and can be downloaded only once. You must authenticate your account before making In-App Purchases – separate from any authentication to obtain other Content – by entering your password or using Touch ID. You will be able to make additional In-App Purchases for fifteen minutes without re-authenticating unless you’ve asked us to require a password for every purchase or have enabled Touch ID. You can turn off the ability to make In-App Purchases by following these instructions: https://support.apple.com/en-us/HT201304. APP MAINTENANCE AND SUPPORT Apple is responsible for providing maintenance and support for Apple Apps only, or as required under applicable law. App Providers are responsible for providing maintenance and support for Third Party Apps. LICENSED APPLICATION END USER LICENSE AGREEMENT Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services, to the full extent permitted by law. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and, to the full extent permitted by law, is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF LICENSOR IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH LICENSOR IS ENTITLED TO DO SO, LICENSOR LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT LICENSOR'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT LICENSOR'S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. f. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010(CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY. IF LICENSOR IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH LICENSOR IS ENTITLED TO DO SO, LICENSOR LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT LICENSOR'S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT LICENSOR'S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. If your Home Country is Australia, the governing law and forum shall be the laws and courts of New South Wales, Australia. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. H. ADDITIONAL IBOOKS STORE TERMS You acquire iBooks Store Content from the third-party provider of such Content (the “Publisher”), not Apple. Apple acts as an agent for the Publisher in providing iBooks Store Content to you, and therefore Apple is not a party to the Transaction between you and the Publisher. If you are a customer of iTunes S.à.r.l., the merchant of record is iTunes S.à.r.l., which means that you acquire a license to use the Content from iTunes S.à.r.l., but the Content is licensed by the Publisher. The Publisher of the iBooks Store Content reserves the right to enforce the terms of use relating to such iBooks Store Content. The Publisher of the iBooks Store Content is solely responsible for such Content, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to such Content. I. ADDITIONAL APPLE MUSIC TERMS APPLE MUSIC MEMBERSHIP Apple Music is a subscription music service. Your Apple Music membership will automatically renew until you turn off automatic renewal in account settings. See the “Subscriptions” section for more details. When your Apple Music membership ends, you will lose access to any feature of Apple Music that requires a membership, including but not limited to access to Apple Music songs stored on your device, and iCloud Music Library. Apple reserves the right to cancel your Apple Music membership if we are unable to successfully charge your payment method to renew your membership. Where available, you may be offered an Apple Music membership through your wireless carrier (a “Carrier Membership”). If you purchase a Carrier Membership, your carrier will bill you for the cost of your Apple Music membership. Your billing relationship with the carrier is governed by the carrier’s terms and conditions, not this Agreement, and any billing disputes related to a Carrier Membership must be directed to your carrier, not Apple. By using Apple Music, you agree that your carrier may exchange your carrier account information, telephone number and subscription information with Apple, and that Apple may use this information to determine the status of your Carrier Membership. ICLOUD MUSIC LIBRARY iCloud Music Library is an Apple Music feature that allows you to access your matched or uploaded songs, playlists and music videos acquired from Apple Music, the iTunes Store or a third party (“iCloud Music Library Content”) on your Apple Music-enabled devices. iCloud Music Library is turned on automatically when you set up your Apple Music membership. iCloud Music Library collects information about your iCloud Music Library Content. This information is associated with your Apple ID, and compared to iCloud Music Library Content currently available on Apple Music. iCloud Music Library Content that is not matched is uploaded to Apple’s iCloud Music Library servers (in a format determined by Apple). You can upload up to 100,000 songs. Songs acquired from the iTunes Store or Apple Music do not count against this limit. Songs that do not meet certain criteria (for example, excessively large files) or that are not authorized for your device are not eligible for iCloud Music Library. When you use iCloud Music Library, Apple logs information such as the tracks you play, stop or skip, the devices you use, and the time and duration of playback. You agree to use iCloud Music Library only for lawfully acquired content. iCloud Music Library is provided on an “AS IS” basis and could contain errors or inaccuracies. You should back up your data and information prior to using iCloud Music Library. If you are not an Apple Music member, you may purchase an iTunes Match subscription, which is subject to the terms set forth in this section. J. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES DEFINITION OF APPLE Depending on your Home Country, “Apple” means: Apple Inc., located at 1 Infinite Loop, Cupertino, California, for users in North, Central, and South America (including Canada for use of iTunes Store and Apple Music), as well as United States territories and possessions; and French and British possessions in North America, South America, and the Caribbean; Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for users of App Store and iBooks Store in Canada or its territories and possessions; iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-ku, Tokyo 106-6140, Tokyo for users in Japan; Apple Pty Limited ABN 46 002 510 054, located at Level 3, 20 Martin Place, Sydney NSW 2000, Australia, for users in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; and iTunes S.à.r.l., located at 31-33 rue Sainte Zithe, L-2763 Luxembourg, and as of 25 September 2016, Apple Distribution International, located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, for all other users. CONTRACT CHANGES Apple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately on notice to you and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof. THIRD-PARTY MATERIALS Apple is not responsible or liable for third party materials included within or linked from the Content or the Services. INTELLECTUAL PROPERTY You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. The Apple name, the Apple logo, iTunes, iTunes Store, App Store, iBooks Store, Apple Music, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks. COPYRIGHT NOTICE If you believe that any Content available through the Services infringe a copyright claimed by you, please contact Apple at the following locations: - iTunes Store: http://www.apple.com/legal/internet-services/itunes/itunesstorenotices/ - App Store: https://www.apple.com/legal/internet-services/itunes/appstorenotices/ - iBooks Store: iBooks.Store.Notices@apple.com - Apple Music: http://www.apple.com/legal/trademark/claimsofcopyright.html TERMINATION AND SUSPENSION OF SERVICES If you fail, or Apple suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Agreement, Apple may, without notice to you: (i) terminate this Agreement and/or your Apple ID, and you will remain liable for all amounts due under your Apple ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services. Apple further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you and, to the full extent permitted by law, Apple will not be liable to you or to any third party should it exercise such rights. Termination will not affect the products that you have already acquired. However, you may be unable to authorize additional computers to use such products. You may cease to use the Service at any time. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF APPLE IS LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH APPLE IS ENTITLED TO DO SO, APPLE LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT APPLE’S OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT APPLE’S OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT APPLE'S LEGITIMATE INTERESTS. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY APPLE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE. IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, APPLE'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW. APPLE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE APPLE FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE APPLE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. APPLE IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING FILES OVER A DATA CONNECTION. WAIVER AND INDEMNITY BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law. GOVERNING LAW Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple, and all Transactions on the Services shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. If your Home Country is Australia, the governing law and forum shall be the laws and courts of New South Wales, Australia. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. OTHER PROVISIONS This Agreement constitutes the entire agreement between you and Apple and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Apple. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services such as the Volume Purchase Program. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Apple employee or agent has the authority to vary this Agreement. Apple may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Apple may also contact you by email or push notification to send you additional information about the Services. You hereby grant Apple the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Apple has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Apple's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights). Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it. Last Updated: September 13, 2016 Qantas Red e-Deal conditions Travel Class Economy Booking Changes Changes can be made online at qantas.com/yourbooking, otherwise call 13 13 13. Exception: For changes to combined Qantas and Jetstar multi-city bookings call 13 13 13. Changes before the day of scheduled departure: Your original fare may be used as credit towards a new fare of equal or higher value, provided the new fare conditions are met. For changes made over the phone, you must pay the service feeThis will open a new tab or window in your browser. applicable as at the date of change. At the time of making the change you must pay: the change feeThis will open a new tab or window in your browser. applicable any fare difference between the fare for your new booking and the original fare. Once your booking is made the current change fee and service fee can be viewed anytime at qantas.com/your booking. Your new booking must be for travel anywhere on the Qantas network within 12 months of the date that the original ticket was issued. However, you cannot re-book and travel on the same day. The original ticket value is non-refundable and remains non-refundable at all times. Changes on the day of scheduled departure: Not permitted. Loss of fare. Name Changes Not permitted Cancellations (including no show) Before the day of scheduled departure: Re-booking - see 'Booking Changes' above. Ticket value can be used towards payment for a new booking of equal or higher value for travel anywhere on the Qantas network within 12 months of the date that the original ticket was issued. However, you cannot re-book and travel on the same day. This credit must be used within 12 months of the date the original ticket was issued. Any credit is the Australian dollar price. No refund. On the day of scheduled departure (including no show): Not permitted. Loss of fare. The original ticket value is non-refundable and remains non-refundable at all times. Note:If this fare is booked as part of Domestic Economy Companion Offer, Domestic Companion Sale, the fare is non-refundable, two or more passengers must be booked and travel together, child discounts do not apply. Children / Infants Infants (under 2 years) without a seat travel free of charge. Infants must be accompanied, with a maximum of one infant per adult travelling. Child discounts do not apply. Qantas Frequent Flyer Qantas Points and Status credits may be earned on this fare. You may request Classic Upgrade Rewards on this fare. However, Classic Upgrade Rewards can only be redeemed on flights that are operated by Qantas with a QF flight number. This fare is classed as Discount Economy for the purposes of calculating how many Qantas Points and Status credits you earn, or how many Qantas Points you need to redeem a Classic Upgrade Reward. When points are earned on this fare, Minimum Points GuaranteeThis will open a new tab or window in your browser. applies. Other Information For bookings made through Qantas Telephone Sales and Airports, a booking feeThis will open a new tab or window in your browser. applies. Note: If this fare is booked as part of the Domestic Economy Companion Offer, Domestic Companion Sale, the fare is non-refundable, two or more passengers must be booked and travel together, child discounts do not apply. From 01 December 2015, Qantas will cease placing the QF code on Alliance Airlines flights between Olympic Dam and Adelaide. Customers flying on this route will travel as Alliance Airlines passengers under the QQ code and not as Qantas passengers Qantas conditions of carriage Conditions of Carriage 1. Definitions of Expressions Used 2. When These Conditions Of Carriage Apply 3. General 4. Reservations 5. Fares 6. Tickets 7. Baggage 8. Check In 9. Schedules, Late or Cancelled Flights 10. Refusal of Carriage and Denied Boarding 11. Conduct During Flight 12. After the Flight 13. Refunds 14. Refusal of Entry and Fines 15. Application of Convention and Laws 16. Liability 17. Claims by You 18. Our Name and Address 19. European Community list of air carriers subject to an operating ban within the Community 20. European Community Regulations 1. Definitions of Expressions Used Term Definition Airline Designator Code means the two or three characters or three letters which identify particular Carriers Authorised Agent means a licensed passenger sales agent who represents us in the sale of air passenger transportation on our services Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage Baggage Allowance means the amount of Cabin Baggage and Checked Baggage you may carry without additional charge for travel on our services (see 7.1) Baggage Identification Tag means the Carrier's tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage Boarding Pass means the document (in paper or electronic form) that is issued to you as evidence that you have checked-in for a flight Cabin Baggage (sometimes referred to as carry-on or unchecked baggage) means any of your Baggage you take with you into the cabin of the aircraft Carrier means an air carrier Checked Baggage means that part of your Baggage that you do not take into the cabin of the aircraft with you Check-In Deadline means the time limit specified by the Carrier by which you must have completed check-in and received your Boarding Pass Codeshare means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft Conditions of Carriage means these Conditions of Carriage and includes the conditions of contract or key conditions of carriage set out in your Ticket Convention means whichever of the following apply: the Montreal Convention (1999) the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention) the Warsaw Convention as amended at The Hague on 28 September 1955 the Warsaw Convention as amended at The Hague and by Additional Protocol No. 1, 2 or 4 of Montreal (1975) the Guadalajara Supplementary Convention (1961) any other applicable protocols or conventions and any enabling legislation. Day means a full calendar day. For the purpose of notification, the day upon which the notice is dispatched is not counted. For the purpose of Ticket validity, the day on which the Ticket is issued is not counted Domestic Carriage means travel between points within the same country and there is no Transit, Stopover or Transfer outside that country Electronic Ticket means the electronic record of your Ticket made by us or an Authorised Agent, which is held in our reservations system Event Beyond Our Control means an unusual and unforeseen circumstance which we cannot control and the consequences of which we could not have avoided Event Beyond Your Control means an unusual and unforeseen circumstance which you cannot control and the consequences of which you could not have avoided Excess Baggage means any Checked Baggage in excess of the applicable Baggage Allowance for Checked Baggage Flight Coupon means a part of the Ticket that indicates the departure and arrival points for a single journey or each leg of a journey International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights Passenger means a person with a Ticket who is carried or is to be carried on an aircraft, except members of the operating crew Qantas, we, us, our, ourselves means Qantas Airways Limited (ABN 16 009 661 901) and Qantas' regional airlines operating in Australia under the QantasLink brand and trans Tasman flights (or such other flights from time to time) operated by Jetconnect Limited, unless otherwise specified. These Conditions of Carriage do not apply to Jetstar services. Qantas Frequent Flyer Award means a Ticket issued in exchange for the redemption of Qantas points in accordance with the Qantas Frequent Flyer Program Terms and Conditions Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. (As a rough guide, 1 SDR equates to approximately AU$1.55 or NZ$1.95, but this will fluctuate depending on exchange rates.) Stopover means a deliberate interruption of a journey by the Passenger for more than 24 hours, at a point between the place of departure and the destination, which is shown on the Passenger’s Ticket Tariff means the fares, fare rules, charges or Conditions of Carriage that we file with airline global distribution systems, in our own reservations system, or in certain instances, with government authorities Ticket means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket issued by us or an Authorised Agent on behalf of us and includes all printed terms, conditions and notices Transfer means a change from one service to another service with the same or a different Carrier Transit means a scheduled stop by the Passenger en-route to a destination, for less than 24 hours, at a point between the place of departure and the destination you, your, yourself the Passenger Back to list 2. When These Conditions Of Carriage Apply 2.1 Application of Conditions of Carriage Except as provided in 2.4 (Overriding Law), 2.5 (Reading Down) and 2.8 (Charter Operations), these Conditions of Carriage apply to travel on our flights or flight segments, where 'Qantas' or our Airline Designator Code 'QF' is shown as the Carrier on your Ticket, and in any case where we have a legal liability to you in relation to your flight. 2.2 Gratuitous or Reduced Fare Carriage These Conditions of Carriage apply to Qantas Frequent Flyer Award travel and to gratuitous and reduced fare carriage, except to the extent that we have told you otherwise. 2.3 Basis of Carriage The carriage of a Passenger on any flight by Qantas under the QF Airline Designator Code is, without exception, subject to: these Conditions of Carriage any applicable Tariffs filed by us with regulatory bodies the Convention and any other applicable laws any specific directions given to a Passenger in writing or orally by our staff, and the fare rules or Qantas Frequent Flyer Award redemption rules, as applicable. 2.4 Overriding Law These Conditions of Carriage do not apply to the extent that they are inconsistent with laws that apply to your carriage. In respect of any goods or services we may provide other than carriage, certain statutory guarantees or warranties may apply for the benefit of consumers. For example, for consumers, services may come with a non-excludable guarantee or warranty that they will be provided with due care and skill. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Conditions of Carriage is intended to exclude or restrict the application of such consumer laws. In respect of goods or services acquired for business purposes and not as a consumer: (a) consumer guarantees and warranties, including under the Competition and Consumer Act 2010 (Cth), a Fair Trading Act or the New Zealand Consumer Guarantees Act 1993 (NZ), will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and (b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us. 2.5 Reading Down If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid. 2.6 Cannot Vary No Qantas employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion. 2.7 Conditions Prevail Over Special Procedures We may publish a summary of these Conditions of Carriage to assist in drawing key issues to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them. Subject to 2.4 (Overriding Law), if any of these Conditions of Carriage is inconsistent with any special procedures we may have (for example, in relation to the carriage of unaccompanied minors or Passengers with limited mobility), these Conditions of Carriage will prevail to the extent of the inconsistency. 2.8 Charter Operations If carriage is performed by us under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise by or on behalf of the charterer prior to boarding the aircraft. 2.9 Additional Services or Other Forms of Transportation (a) If we make arrangements for you with any third party to provide any services other than carriage by air on a QF Airline Designator Code, or if we issue a Ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party, such as hotel reservations or car rental, in doing so we act only as agent. The terms and conditions of the third party service provider will apply. (b) If we are also providing non-airline transportation to you, our Conditions of Carriage do not apply to such transportation. The operator's conditions of carriage may significantly limit or exclude liability. Details are available upon request. Back to list 3. General 3.1 Preparing to Travel Travel advisory services are not included in the price of your Ticket. You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to, such as: finding out from relevant embassies or consulates whether you need a passport, visa or other travel document, health document or evidence of onward travel obtaining those documents obtaining inoculations, and finding out about dangers to your health and safety at your destination and any Stopover (see 3.2). If we provide assistance for any of the above aspects of your travel, this does not release you from your responsibility in respect of these matters. 3.2 Destination - Passenger Enquiries It is your responsibility to enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, or the U.S. Bureau of Consular Affairs. 3.3 Travel Insurance Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like: lost Tickets changes in travel plans and travel cancellation medical and hospital expenses repatriation costs personal injury and death delayed, damaged or lost Baggage and other items 3.4 Codeshares We have arrangements with other Carriers known as 'Codeshares'. This means that even if you have made a reservation with us and hold a Ticket for a Qantas flight (ie, a flight with a QF Airline Designator Code), you may travel on another Carrier's aircraft. If such arrangements apply to your flight, we will advise you of the Carrier operating the aircraft at the time you make a reservation. The conditions of carriage of the Carrier whose flight number appears on your Ticket will apply to your Codeshare flight. Unless we advise you otherwise, where a QF Codeshare flight departs from an airport in the United States, the tarmac delay contingency plan of the operating Carrier will apply to your flight. 3.5 Health (a) General: We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you make a reservation you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly. (b) Deep vein thrombosis (DVT): Some studies have concluded that prolonged immobility may be a risk factor in the formation of clots in the legs, known as DVT. If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel. Information on health issues can be found: online at Your Health Inflight in the 'Onboard Information' pages of our inflight magazine - Qantas The Australian Way onboard our aircraft through our entertainment system (c) Pregnancy: If you are pregnant, the following precautions must be observed. For travel after the first 28 weeks of your pregnancy: you need to carry a certificate or letter from a registered medical practitioner or registered midwife confirming: the estimated date of delivery whether it is a single or multiple pregnancy; and that there are no complications with your pregnancy For flights of four hours or more: if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins) medical clearance is required if you are having complications with your pregnancy For flights of less than four hours: if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins) Medical clearance is required if you are having complications with your pregnancy If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery. Please Note: We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements Some countries place limitations on the entry of non-national pregnant women. Check with the relevant embassy or consulate before you travel to confirm any further limitations. 3.6 Personal Information We collect personal information about you (including health information where necessary) to provide products and services to you, process your travel arrangements, facilitate your participation in the loyalty programs of Qantas and other organisations, conduct marketing activities and market research, and for immigration and customs control, security, administrative and legal purposes. If the information is not provided by you, we may not be able to provide the service requested. For these purposes, you authorise us to retain your personal information and to disclose your personal information to our related companies, other Carriers, travel service providers, organisations which provide services to us, such as collecting commissions, your employer if you are travelling on a Ticket provided through your employer's corporate travel agreement with us, credit and other payment card companies, various law enforcement agencies and governments around the world for security, customs, emergency and immigration purposes. For more details see our Privacy Statement. You may be required by government regulations or laws to provide specific personal information to us, including information to enable you to travel to other countries or to enable us to notify family members in the event of an emergency. You can gain access to the information we hold about you and ask for correction of your personal information by contacting Qantas Customer Care, 10 Bourke Road, Mascot NSW 2020, Australia. Back to list 4. Reservations 4.1 Making a Reservation A reservation for a flight is made when recorded as accepted and confirmed by us or an Authorised Agent. We or our Authorised Agent will provide you with written confirmation of your reservation. We do not accept any responsibility for any loss you may incur if you make arrangements for travel on Qantas through anyone other than Qantas or its Authorised Agent. 4.2 Specified Reservation You will not be allowed to travel if you do not have a Ticket for a specified reservation, in a specified class of service and on a specified date and flight. 4.3 Ticketing Time Once you make a reservation, you or someone on your behalf must pay for the Ticket before the specified ticketing time, as advised by us or an Authorised Agent. That time may be the time of making the reservation or later. If payment is not received by us on or before the specified ticketing time, or is received but subsequently reversed, we may cancel your reservation. 4.4 Reconfirmation Before your flight we advise you to check our website for any schedule changes. We do not require you to reconfirm your reservation with us. However, you may need to reconfirm your reservation with any other Carriers involved in your journey. You are responsible for checking and complying with the reconfirmation requirements of those other Carriers. 4.5 Changes to Reservations We offer a choice of different fare types that are subject to different fare rules and are priced differently. Your reservation is subject to the fare rules applicable to the type of fare you choose. These are available to you at the time of booking. Please note the fare rules and in particular any change fees or restrictions that may apply. Qantas may increase fees and charges applicable under the fare rules from time to time. If such a change will affect your existing booking, we will give at least one month's notice of the change by updating the Fare Guide. Requests for changes or cancellation of a reservation can only be made directly to Qantas or our Authorised Agent. 4.6 If You Are Late or Do Not Show Up for Your Flight. Refer to the fare rules of the fare you have purchased. If you notify us in advance, in accordance with any timeframes set out in your fare rules, that you will not show up for the flight, we will not cancel any subsequent flight reservations on your Ticket. 4.7 Seating Selection and Allocation Although we will try to accommodate your seating need or choice, we do not guarantee you any particular seat. We may need to change your seat at any time, even after you have boarded the aircraft, for operational, safety or security reasons. If we need to ask you to downgrade for any reason, we will at your option: provide you with an appropriate refund of the difference in fares (or an appropriate credit of Qantas Points in the event that you are travelling on a Qantas Frequent Flyer Award), or accommodate you on a reasonable alternative available flight on our services. 4.8 Specific Needs If you require special assistance because: you are ill you have limited mobility you have a service animal you are pregnant you need special help, or you have a child who is to travel unaccompanied, we will not refuse to carry you (or your unaccompanied child) provided that: you have made prior arrangements with us or our Authorised Agent you have complied with any reasonable requests we may have, and we have agreed to provide special help. 4.9 Special Meals If the service of special meals is available on your selected flight,we will try to ensure that if you have requested a dietary or religious special meal when you make your reservation, it is available. However, we do not guarantee we will be able to supply your requested special meal. Back to list 5. Fares 5.1 What Your Fare Covers Your fare covers the flight(s) for you and your Baggage Allowance: from the airport at the place of departure specified on your Ticket to the airport at the place of destination specified on your Ticket. 5.2 What Your Fare Does Not Cover Your fare does not include ground transport between one airport and another or between the airport and any other place. 5.3 Cancellation by You Some fares may be partially refundable or non-refundable. You should choose the fare which best suits your needs and consider taking out travel insurance which covers you in case you need to cancel your reservation. In accordance with US Department of Transportation rules, customers who purchase a ticket in the United States for travel on Qantas may cancel their reservations and have their ticket refunded without charge within 24 hours of ticketing when the ticket is purchased one week or more prior to scheduled departure of the first flight in the itinerary. 5.4 Buying Your Ticket You must ensure you purchase your Ticket from us or our Authorised Agent. 5.5 Currency You must pay your fare, including any taxes, fees and carriers charges in the currency of the country in which the Ticket is issued, unless we or our Authorised Agent permit or require you to use another currency at or before the time you pay (for example, because of the non-convertibility of the local currency). We may decide to accept payment in another currency. 5.6 Third Party Fees and Taxes You may be required to pay additional fees or taxes direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Qantas Ticket. If a government authority imposes or increases an unavoidable charge or tax on your carriage on a per passenger basis before you travel, we will pass on that cost to you if permitted by law to do so. Back to list 6. Tickets 6.1 Ticket Not Transferable Except to the extent required by law or provided under the applicable fare rules, a Ticket is not transferable to another person. If someone else presents your Ticket for travel and we discover that that person is not you, we will refuse to carry that person. However, if we, acting reasonably, do not discover that the person is not you and as a result either carry the person or give them a refund, we: are not obliged to replace your Ticket: and are discharged from all and any liability to provide you a refund. 6.2 Ticket Validity Period Your Ticket will be valid for 12 months from the date of commencement of travel or if no part of the Ticket is used, for 12 months after the date first issued, unless the fare rules provide otherwise. 6.3 Extending Validity Period (a) If you are unable to travel while your Ticket is valid because we: cancel your flight delay your flight to the extent that you have to cancel your travel omit a scheduled stop, being your place of departure, place of destination or Stopover cause you to miss a connection on another Qantas flight, or are unable to supply you with a confirmed seat, we will extend the validity of your Ticket to enable you to travel on the next available flight. Alternatively, you may request a refund in accordance with 13 (Refunds). (b) If you are prevented from travelling on your Ticketed flight due to illness, we may extend your Ticket validity for up to three months to allow you to travel, depending on the circumstances. We will require proof of the circumstances, such as a medical certificate. (c) If a passenger travelling with you in the same booking dies during the journey, we may do either or both of the following: not enforce any minimum stay conditions which apply to your Ticket extend the validity of your Ticket for up to 45 Days after the date of death. We may ask you to provide proof, such as a valid death certificate. 6.4 Events Beyond Your Control If you have purchased a fare for travel on our services and: you are travelling on private travel and not on business you have been prevented from travelling by Events Beyond Your Control, and all or part of the fare for your Ticket is non-refundable, we will give you a credit for the non-refundable part of the fare for future travel on us provided that you: have a completely unused Ticket have told us promptly about the Events Beyond Your Control, and have given us satisfactory evidence of these Events Beyond Your Control. The credit can be used for future travel on Qantas flights (ie, a flight with a QF Airline Designator Code) within 12 months of the date of original Ticket issue. We may charge a reasonable service fee. 6.5 Coupon Sequence (a) The fare paid for your Ticket has been calculated on the basis of the sequence of transportation shown in your Ticket. (b) Once travel has commenced, if you do not wish to continue the journey in that sequence, you must pay any applicable fees, taxes and fare adjustment. The Ticket will be reissued for the new fare which will be the full unrestricted fare that was applicable for the relevant class of travel on the date of original purchase for the revised itinerary. (c) Alternatively, you may request a refund for the unused portion of your Ticket within 12 months after the original date of Ticket issue. The amount to be refunded (if any) will be the difference between the fare paid and the full unrestricted fare that would have been payable for the revised itinerary. Any applicable change fee and service fee will be deducted from that amount. (d) If you wish to change to your sequence of transportation before travel has commenced, and your fare rules allow it, you may request a fare recalculation and ticket reissue, in which case payment of any applicable fees and fare difference will be required. 6.6 Ticket Issued for Carriage on Another Carrier If we issue a Ticket for you to be carried on another Carrier's Airline Designator Code, or check in Baggage for carriage on another Carrier's Airline Designator Code, we do so only as agent for that Carrier. The conditions of carriage of the other Carrier will apply. See also 16.4(a) (Damage to Your Baggage). 6.7 Package Travel and Holiday Tours EC Directive This 6.7 applies only if you have purchased a fare for travel on our services as part of a package tour and European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies. We or an Authorised Agent will, if you ask, issue a new Ticket to somebody else to replace your Ticket if: you want to transfer your booking under article 4.3 of the Directive you prove to us or an Authorised Agent that you have satisfied the requirements of Article 4.3 of the Directive and are entitled to transfer the booking you give us or an Authorised Agent reasonable notice of your intention to transfer the booking before the date of scheduled departure of your flight you give us or an Authorised Agent the full name, address and contact number of the person to whom you want the new Ticket to be issued you deliver your Ticket to us or an Authorised Agent, and you pay us or an Authorised Agent a reasonable administration fee for issuing the new Ticket. Back to list 7. Baggage 7.1 Baggage Allowance You may carry a limited amount of Baggage without additional charge provided it complies with our requirements and these Conditions of Carriage. The current allowances for Carry-on Baggage and Checked Baggage are set out on our website and may change. We will give at least one month's notice of any change by updating the Baggage page on our website, or such notice as is otherwise required by law. 7.2 Prohibited Items We will not carry, and you must not include in your Baggage or otherwise try to bring on board the following prohibited items: items which are prohibited by any applicable law from being carried on any aircraft firearms (except see 7.3) and weapons of any type, including but not limited to knives, blades, or sharp items (except see 7.5) items listed as dangerous goods in your Ticket items which are likely to endanger the aircraft or persons or property on board the aircraft, or that may become dangerous. More information is available in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. items we reasonably determine are unsuitable for carriage because they are dangerous or unsafe animals (except for service animals or where 7.7 applies). If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item. Unless we are at fault, we will not be responsible for any loss or damage caused to any prohibited items if they are brought on board despite being prohibited items. 7.3 Firearms We may agree but are not obliged to carry firearms and ammunition for sporting purposes in your Checked Baggage. If we do, these must be packed in accordance with all applicable laws and regulations. Applications for the carriage of firearms and ammunition for sporting purposes must be submitted at least two working days prior to your scheduled departure date. 7.4 Restrictions on Checked Baggage You must not include in your Checked Baggage: fragile, delicate or perishable items computers items with a special value, such as money, jewellery, precious metals, silverware negotiable papers, share certificates, securities or other valuable documents cameras personal electronic equipment including compact discs commercial goods or business documents, or passports and other travel documents. If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any damage, loss or destruction of those items. 7.5 Restrictions on Cabin Baggage Some items cannot be carried in the cabin of the aircraft. These include weapons, restraining devices, knives and sharp tools or cutting implements such as scissors and screwdrivers and some sporting goods such as bats and clubs. The list of prohibited items may vary depending where you board an aircraft. Please check with us or your Authorised Agent prior to travel. You may be able bring some of these items as Checked Baggage (but see 7.6). If you try to include a prohibited item in your Cabin Baggage, we may take it from you. We do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage. You are responsible for your personal items that are in your care and control. 7.6 Excess Baggage If you arrive to check in with Excess Baggage, we may: refuse that Excess Baggage, or accept that Excess Baggage for carriage and require you to pay a fee before boarding. We may need to carry your Excess Baggage on a later flight. If we decide to carry the Excess Baggage but decide not to charge you for some or all of your Excess Baggage, this does not mean that you will not be charged when you check in for any further flights on your itinerary. Other airlines may also charge different rates for Excess Baggage. 7.7 Pet animals On some flights we may, at our discretion, agree to carry pet dogs, cats or birds as Excess Baggage. Otherwise, all other animals except service animals will be treated as freight. For travel with a service animal, you must give us at least 14 days notice prior to travel so that appropriate arrangements can be made. If you are travelling domestically or internationally: you must notify us when you make your reservation that you wish to travel with your pet animal. Some airports will require that your pet travels as freight and some will allow carriage in the hold as Checked Baggage if we agree that your pet may be carried in the aircraft hold as Checked Baggage, you must supply proper crating and food for your pet. If you fail to do this, we may decide not to carry your pet you may be required to pay an Excess Baggage fee you must have with you valid health and vaccination certificates; entry, transit and exit permits; and all other documents required by any applicable law, regulation or order you must repay to us any fines, costs, charges, losses or liabilities we, acting reasonably, have paid or suffered because you did not have these documents we are not liable to you for any action taken by an airport or regulatory authority with regard to your pet animal we will not be responsible for injury to or loss, sickness or death of an animal unless we have been negligent or an applicable law provides otherwise. Carriage of your pet may be subject to additional conditions specified by us. 7.8 Searches Qantas, government or airport officers or their representatives may: require you to submit to clothing and body searches require you to submit your Baggage to searches or inspections, and search or inspect your Baggage with or without you. As a result of a search, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers if required to do so. Except as otherwise provided by the Convention or other applicable laws if a search, screening or x-ray causes damage to you or your Baggage, we will not be liable for the damage unless it was caused by our negligence. Back to list 8. Check In 8.1 Before Departure You must ensure you have with you when you travel your Ticket (or a print out of your Electronic Ticket, or a booking reference for domestic travel), identification, all necessary travel documents and anything else you need to travel. For International Carriage, your passport will be required. Photo identification may also be required if your flight is a domestic sector of an international flight and departs from an international terminal. For Domestic Carriage you must be able to produce identification on request, such as your driver's licence, Qantas Frequent Flyer or Qantas Club card or the credit card used to purchase your Ticket. 8.2 Check-In and Boarding Deadlines Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified. 8.3 Boarding Pass and Baggage Receipt Once you have checked in for your flight and registered any Checked Baggage, keep your Boarding Pass and Baggage receipt with you until you complete your travel. 8.4 If You Are Late If you arrive: late at check-in or the boarding gate through no fault of ours, or without your Ticket and all necessary travel documents we may: cancel your reservation refuse to carry you, and/or require you to pay a service fee to cover our reasonably incurred administration costs Except as otherwise provided in the Convention or any applicable laws, we are not liable to you for any loss or damage you may suffer as a result of your late arrival. Back to list 9. Schedules, Late or Cancelled Flights 9.1 Schedule Changes and Cancellations by us (a) Schedules Not Guaranteed We will use our reasonable endeavours to operate in accordance with our published schedules. However, we do not guarantee the flight times and they do not form part of your contract of carriage with us. (b) Flight Changes Before we accept your booking, we or our Authorised Agent will tell you the scheduled departure time of your flight and it will be shown on your Ticket. We may need to change the scheduled departure time of your flight after your Ticket has been issued. If you give us or our Authorised Agent contact information, we or they will use our reasonable endeavours to let you know about any changes. In any event, prior to your flight you should check to ensure your flight times have not changed. You should check the flight departure and arrival information posted at the airport. Except as otherwise provided in the Convention or any applicable laws, we will not be liable to you for any losses that you may incur if you fail to do so. (c) Significant Change If, due to circumstances within our control, after you buy your Ticket we make a significant change to the scheduled departure time of your flight or the flight is cancelled, we will: rebook you on the next available flight (or combination of flights) on our services to your booked destination at no additional cost to you alternatively, at your option, refund the applicable fare if you choose to continue travel and the change or cancellation occurs on the day of scheduled travel, resulting in your delay at the departure airport, provide you with meal or refreshment vouchers (or reimburse you for the reasonable costs of meals or refreshments if we do not provide vouchers) if your travel with us is delayed overnight and you have already commenced travel on your booking (ie you are at an 'away' port), use reasonable endeavours to assist you to find overnight accommodation or reimburse your reasonable accommodation costs if we have not provided accommodation. (d) Discontinued Route If we cease to operate on a route and as a result we cancel a flight for which you have purchased a Ticket, we will: offer you a seat on the next available flight on our services for an alternative route to the same destination (if available) and where a connection was arranged by us, a seat on the next available connecting flight alternatively, at your option, refund the applicable fare 9.2 Late or Cancelled Flights (Events Beyond Our Control) Where your flight is delayed or cancelled as a result of an Event Beyond our Control, whether you have checked in or not, we will: use reasonable endeavours to rebook you on the next available flight on our services at no additional cost to you alternatively, if we are unable to rebook you on services acceptable to you, we will refund the applicable fare. We will not be responsible for paying any other costs or expenses you may incur as a result of the delay or cancellation, except as otherwise provided in these Conditions of Carriage or required by applicable laws. Back to list 10. Refusal of Carriage and Denied Boarding 10.1 Refusal of Carriage Even if you have a Ticket and a confirmed reservation, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur: if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner if carrying you or your Baggage may materially affect the comfort of any person in the aircraft if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are travelling or are to depart from because you have refused to allow a security check to be carried out on you or your Baggage because you do not appear to have all necessary documents if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage if you fail to complete the check-in process by the Check-In Deadline or fail to arrive at the boarding gate on time because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security because you have not complied with our medical requirements because you require special assistance and you have not made prior arrangements with us for this if you are drunk or under the influence of alcohol or drugs if you are, or we reasonably believe you are, in unlawful possession of drugs if your mental or physical state is a danger or risk to you, the aircraft or any person in it if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties if you have put the safety of either the aircraft or any person in it in danger if you have made a threat because you have committed misconduct on a previous flight and we have reason to believe that such conduct may be repeated because you cannot prove you are the person specified on the Ticket on which you wish to travel because you are trying to use a Flight Coupon out of sequence without our agreement if you destroy your travel documents during the flight if you have refused to allow us to photocopy your travel documents if you have refused to give your travel documents to a member of Our ground staff or the crew of the aircraft when we have asked you to do so if we reasonably believe you will ask the relevant government authorities for permission to enter a country through which you are Ticketed as a transit Passenger because your Ticket: - is not paid for - has been reported lost or stolen - has been transferred - has been acquired unlawfully - has been acquired from someone other than us or an Authorised Agent - contains an alteration which has not been made by us or an Authorised Agent - is spoiled, torn or damaged or has otherwise been tampered with, or - is counterfeit or otherwise invalid. In any of the situations in this 10.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on the Ticket. 10.2 Notice of Refusal to Carry You We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to buy a Ticket or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you and you will be entitled to a fare refund minus our reasonable administration fee. 10.3 Overbooked Flights - Denied Boarding Compensation Airline flights may be overbooked. This means there is a slight chance that there may be more reservations than available seats on your flight. In these circumstances, where practicable, we will offer an incentive for volunteers not to travel on their booked flight. Volunteers will not be entitled to any further payment, refund or compensation. If there are not enough volunteers, we may need to deny boarding to one or more Passengers involuntarily. If you are denied boarding due to an overbooking of our flight for which you have a valid Ticket and a confirmed reservation, and you have met our Check-In Deadline and complied with all applicable requirements for travel as set out in these Conditions of Carriage, we will offer you a seat on the next available flight on our services. If this is not acceptable to you, we will provide compensation and any care required by any law which may apply or in accordance with our policy if there is no applicable law. This will depend on the jurisdiction in which the denied boarding occurs. Our denied boarding compensation policy is available on request. Back to list 11. Conduct During Flight 11.1 Obey Directions To maximise passenger comfort, safety and security, you must comply with the following requirements, and all other reasonable directions of any crew member on your flight with us, when on board: stow Cabin Baggage under the seat in front of you or in the overhead lockers take care when you open overhead lockers, since Cabin Baggage may move during flight keep your seatbelt fastened when seated remain seated with your seatbelt securely fastened during turbulence stay seated as directed, in particular while the aircraft is moving on the tarmac do not smoke if you drink alcohol, drink only in moderation and only alcohol served on your flight with us as part of our inflight bar service use infant and child restraints as directed do not behave in a manner to which other passengers may reasonably object, and if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight. We may also ask you not to operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted. 11.2 Control of Passengers We will take all reasonable steps to maintain the comfort, safety and security of all passengers. If we reasonably consider it necessary, we may restrain you or remove you from any flight anywhere, for example if you: conduct yourself so as to endanger the safety of the aircraft or any person or property on board obstruct, or fail to comply with any direction of any crew member behave in a manner to which other passengers may reasonably object interfere with a crew member who is performing his or her duties on board an aircraft tamper or interfere with the aircraft or its equipment. In addition, you may be refused further carriage with us. You may also be prosecuted for offences committed on board the aircraft. 11.3 Diversion Costs Caused by Unacceptable Behaviour If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in 11.2, you must pay us the reasonable costs of the diversion. 11.4 Smoking prohibited Smoking is not permitted on any of our aircraft. Back to list 12. After the Flight 12.1 Collect Your Checked Baggage You must collect your Checked Baggage as soon as it is available for collection. 12.2 If You Cannot Find Your Checked Baggage If you cannot find your Checked Baggage, produce your Ticket and Baggage receipt to us. Only the person to whom the Baggage receipt was issued is entitled to collect that Baggage. 12.3 Release of Checked Baggage by Qantas If we have Baggage you claim is yours but you do not have the Baggage receipt, we will release it to you only if you: produce adequate proof of entitlement to it undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and comply with any other applicable directions given to you by us. 12.4 Disposal of Baggage by Qantas If you do not collect your Checked Baggage within 28 Days of your flight, it will be disposed of without notifying you and without liability on our part. We are not liable for any loss you may suffer caused as a result of your leaving Cabin Baggage or any personal belongings on an aircraft when you disembark (unless the damage was caused by our fault) or if you leave any belongings in the airport terminal or member lounge. 12.5 If You Collect the Wrong Bag If you pick up the wrong bag or other baggage from the baggage carousel, it is your responsibility immediately to return the bag or baggage at your own cost to the baggage service office or airport manager at the airport where you collected it. Back to list 13. Refunds 13.1 When a Refund is Available You will be entitled to a refund if we: are unable to carry you and you have a confirmed reservation delay your flight to the extent that you have to cancel your travel make a significant change to the scheduled flight time, which is not acceptable to you and we are unable to book you on an alternative flight which is acceptable to you downgrade you from the class paid for fail to stop at a Stopover or the destination specified on your Ticket cause you to miss a connecting Qantas flight on which you have a confirmed reservation, or cancel your flight In these circumstances we will provide a refund on request as set out in 13.2 13.2 What Refund is Available? Where a refund is payable in accordance with these Conditions of Carriage, unless otherwise specified in these Conditions of Carriage the refund will be equal to: the fare paid, if no part of the Ticket is used alternatively, if part of the Ticket is used, the difference between the fare paid and the fare that would have been payable if booked for the travel taken, including any taxes and carriers charges, less any applicable fees. Depending on the fare type, where a Ticket is partly used, the unused part may have little or no refund value. 13.3 Who Gets The Refund and How is it Paid? (a) Any refund will be paid to the person who paid for the Ticket, unless that person has authorised us in writing to pay the refund to someone else. (b) We will pay the refund in the same way and in the same currency used to pay for the Ticket, unless the fare rules provide otherwise or we agree otherwise. (c) If the person who paid for the Ticket is not the Passenger, we will not provide a refund without the Passenger's written consent, unless the Passenger is under 18 or the fare rules provide otherwise or the Qantas Frequent Flyer terms and conditions apply. 13.4 Refunds on Taxes and Charges Whether or not your airfare is refundable, if you do not use your Ticket, you may be entitled to claim a refund of certain charges and taxes which you have paid, except for any we have had to pay to third parties even though you have not travelled. We may deduct a reasonable administration fee. If the fee exceeds the amount of the refund, no refund will be paid. 13.5 Deadline for Refunds Unless an applicable law says otherwise, we may refuse to provide a refund if it is requested after the end of the Ticket validity. 13.6 Right to Refuse Refund We may refuse a refund on a Ticket which is your evidence of intention to depart from the country you are in unless you can establish to our satisfaction that: you have permission from the appropriate government or other authority to remain in that country, or you will depart by another means of transport. Back to list 14. Refusal of Entry and Fines 14.1 Payment of costs (a) If you are refused permission to enter a country and a government or government authority orders us to return you to your place of origin or remove you to another country, you must pay for: any detention costs; and the return or other fare We will not refund the fare for carrying you to the place where you were denied entry but we may set off the value of any unused Flight Coupons against the amount of that return or other fare. (b) If we have given you information which is incorrect and inconsistent with the official information that is reasonably available to us, and you have relied on it, we will pay any reasonably incurred costs arising as a result. 14.2 Reimbursement to Qantas If we are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or damage ("losses") by reason of you being denied entry into any country, or because of your failure to comply with any law, regulation, order or requirement, or because of your behaviour, health or medical condition, you must reimburse us for all losses plus all legal costs and other expenses reasonably incurred. We may set off any refund owing to you for unused Flight Coupons against any such amounts. Back to list 15. Application of Convention and Laws International Carriage is governed by the Convention, where applicable, or under applicable laws where the Convention does not apply. Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers' Liability) Act 1959 as amended (or any replacement legislation) or in the case of intra-State travel, complementary State legislation. Under the Convention or applicable laws, our liability may be limited in respect of death or injury, Baggage or delay. Back to list 16. Liability 16.1 Exclusions Other than as specified in these Conditions of Carriage or applicable laws, we exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage. 16.2 Negligence by You If any damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws. 16.3 Death or Injury or Delay (a) International Carriage For any recoverable compensatory damages up to 113,100 SDRs (about AU$173,500) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the damage We will not be liable for damages arising in respect of death or bodily injury to the extent that they exceed for each passenger 113,100 SDRs, if we prove that: - such damage was not due to the negligence or other wrongful act or omission of us or our agents; or - such damage was solely due to the negligence or other wrongful act or omission of a third party In the case of passenger delay: - where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDRs (about AU$7,200) - where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures. (b) Australia Where your travel is wholly within Australia and is not International Carriage, our liability for your bodily injury or death is limited to AU$725,000. (c) European Community If your Ticket was purchased in the European Community and your travel is from or to a point in the European Community: we will, without delay and in any event not later than 15 Days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered an advance payment will not be less than the equivalent of 16,000 Special Drawing Rights (about AU$25,500 or EUR18,000) per Passenger in the event of the death of a Passenger an advance payment does not mean that we admit liability and it may be offset against any subsequent sums paid on the basis of our liability. An advance payment is not returnable unless: we prove that the damage was caused or contributed by negligence of the Passenger or the person who received the payment, or we prove that the person who received the payment was not entitled to compensation. (d) General We are not responsible for any illness, injury or disability, including death, attributable to your physical condition, except to the extent that any applicable law requires otherwise. 16.4 Damage to Your Baggage (a) General We will be liable only for damage or delay occurring during carriage ticketed on our Airline Designator Code. If we issue a Ticket or check Baggage on the Airline Designator Code of another Carrier, we only do so as agent for that Carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last Carrier on your Ticket We are not liable for any damage to your Cabin Baggage to the extent caused or contributed to by your negligence We are not liable for any damage caused by your Baggage. You are responsible for any damage caused by your Baggage to other persons or property, including our property (b) International Carriage Where your travel is International Carriage and a Convention applies, our liability for damage to Checked Baggage is limited by the Convention except where you prove that the damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result Our liability for loss of, damage to, or delay in the carriage of, your Baggage is limited by the applicable Convention as follows: - Montreal Convention 1999 - 1,131 SDRs (about AU$1,735) cumulative for both Checked Baggage and Cabin Baggage. In the case of Checked Baggage, we will not be liable if the Baggage was defective, unless Article 22.5 of the Montreal 1999 Convention applies in which case these limits do not apply. We will only be liable for Cabin Baggage if we were at fault - Conventions other than the Montreal Convention 1999 - 250 francs (about AU$30) for each kilo of your Checked Baggage affected or 5,000 francs (about AU$600) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply However, if the law which applies provides for different limits of liability, those different limits will apply. For the purpose of determining our liability (if any), we will presume the weight of your Checked Baggage is not more than the applicable Baggage Allowance for the relevant class of carriage, unless you have a receipt from us or our Authorised Agent showing otherwise. (c) Australia Where your travel is wholly within Australia and is not International Carriage, our liability for loss or damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage. 16.5 General We are not liable for any damage arising from our compliance with any laws or government regulations or your failure to comply with the same. These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our Authorised Agents, employees and representatives to the same extent as they apply to us. The total amount that you can recover from us, our Authorised Agents, employees and representatives will not be more than the total amount of our liability, if any. Except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven compensatory damages. Nothing in these Conditions of Carriage: except where we state otherwise in writing, gives up any exclusion or limitation of liability to which we are entitled under the Convention or any laws which may apply, or gives up any defence available to us under the Convention or any laws which apply, including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger. Back to list 17. Claims by You 17.1 Personal Injury or Death Claims If: (a) you have a claim for personal injury; or (b) your personal representative has a claim for your death, you or your personal representative, as applicable, should notify us in writing as soon as possible. 17.2 Baggage Claims If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise. We will not be liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts. (a) Domestic Carriage - Any claim for loss of or damage to Baggage must be made in writing to us within the following timeframes: three Days in the case of damage to or loss or destruction of part only of an item of Checked Baggage or Cabin Baggage, after date of receipt of remainder of the item 21 Days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Baggage should have been placed at your disposal. (b) International Carriage: - Any claim for damage to or delay of Baggage must be made in writing to us within the following timeframes: in the case of damage to your Baggage, as soon as you discover the damage after you have received the Baggage, and at the latest within seven Days in the case of delay, within 21 Days from when the Baggage has been made available to you 17.3 Clothing Damage Any incident involving damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew. 17.4 Limitation of claims Unless your right to claim for damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for damages if court proceedings are not brought within two years from: the date of your arrival at your destination the date the aircraft should have arrived, or the date on which your carriage stopped The method of calculating the period of limitation will be determined by the law of the court where the case is heard. Back to list 18. Our Name and Address Our name may be abbreviated to QF (Qantas or QantasLink) on the Ticket. Our address is 10 Bourke Road, Mascot, New South Wales, 2020, Australia. Back to list 19. European Community list of air carriers subject to an operating ban within the Community The European Commission has established a list of air carriers subject to an operating ban within the European Union (Regulation (EC) No.2111/2005). We are required to bring this list to your attention via our website. The latest version of the list and information regarding the regulation can be found on the European Commission siteThis link will open in a new window.. Back to list 20. European Community Regulations Note: This information only applies to passengers travelling from the UK or a European Union country. For information on air passenger rights within the European Union, the European Commission has launched a mobile applicationThis link will open in a new window.. This application is free and is available to download on the following platforms: Apple iPhone and iPad, Google Android, RIM Blackberry and Microsoft Windows Phone 7. The application is available in 22 languages and makes use of device local storage to avoid the need for data connectivity while travelling. EC 889/2002 This notice is required by European Community Regulation (EC) No.889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal or Warsaw Conventions. It does not form part of the contract between Qantas and you. Approximate conversions from Special Drawing Rights (SDRs) to Euros are provided as a guide only and will be subject to change in currency conversion rates. Air carrier liability for passengers and their baggage This information notice summarises the liability rules applied by Qantas in respect of international carriage. Compensation in the case of death or injury There are no financial limits to our liability for passenger injury or death. For recoverable compensatory damages up to 113,100 SDRs (approximately EUR127,200) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability, except where there is contributory negligence on the part of the passenger. Above that amount, we can defend ourselves against a claim by proving that: where the Warsaw Convention applies, we took all necessary measures to avoid the damage or that it was impossible for us to take such measures; where the Montreal Convention applies, we were not negligent or otherwise at fault. Passenger delays In the case of passenger delay: where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures; where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDRs (approximately EUR5,281). Baggage destruction, loss, damage or delay Our liability for the destruction, loss of, damage to or delay in the carriage of baggage, subject to applicable defences, is as follows: where the Warsaw Convention applies, our liability is limited to 17 SDRs (approximately EUR20) for each kilo of a passenger's checked baggage and 332 SDRs (approximately EUR380) for a passenger's cabin baggage; where the Montreal Convention applies, our liability is limited to a total of 1,131 SDRs (approximately EUR1,272) per passenger for both checked and cabin baggage together. However, we will only be liable for cabin baggage if we were at fault. Complaints on baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to us as soon as possible, but in any event, in the case of damage to checked baggage, it must be within 7 days, and in the case of delay, it must be within 21 days, from the date on which the baggage was placed at the passenger's disposal. Liability of contracting and actual carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket for a particular flight, that air carrier is the contracting air carrier for that flight. Time limit for action Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. EC 261/2004 Compensation and Assistance in case of Cancellation, Long Delays or Denied Boarding of flights of more than 3500kms departing from EU countries At Qantas we always aim to get our aircraft away on time. However, there are occasions where this may not be possible. This notification informs you of your rights under EC Regulation No 261/2004 in respect of flight cancellation. When do the rules apply? The compensation and/or assistance set out in the tables below will apply in respect of: a flight departing from an airport in the EU; on which you have a confirmed reservation for which a fare has been paid which is available directly or indirectly to the public, or on tickets issued under a frequent flyer programme or other commercial programme; when Qantas is the operating carrier of the flight; and you have presented yourself for check-in as indicated to you in advance in writing or electronically, or if no time has been indicated to you, not later than 45 minutes before the published departure time Where we reasonably expect your flight to be delayed beyond its scheduled time of departure by four hours or more; or we cancel your flight; or we deny you boarding except when there are reasonable grounds for doing so, such as reasons of health, safety, security or inadequate travel documentation. Cancellation Compensation: You will receive compensation amounting to EUR600, except when any of the circumstances set out in the Note at the end of this section on Cancellation apply to you. To claim your compensation, contact Qantas Customer Care . And the choice between: (i) reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity; or (ii) re-routing, under comparable transport conditions, to your final destination,^ at the earliest opportunity; or (iii) re-routing, under comparable transport conditions, to your final destination^ at a later date at your convenience, subject to availability of seats. Assistance: We will offer you free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; and (b) two telephone calls, telex or fax message, or e-mails. In the event of re-routing in connection with your cancelled flight, if the expected time of departure of the new flight is at least the day after the cancelled flight, we will also offer you: (c) hotel accommodation in cases: - where a stay of one or more nights becomes necessary; or - where a stay additional to that intended by you becomes necessary; and (d) transport between the airport and place of accommodation (hotel or other). Note: (A) Your compensation of EUR600 will be reduced by 50% if we are able to offer you an alternative flight under comparable transport conditions, the arrival time of which does not exceed your original scheduled arrival time by four hours or more. (B) You will not be entitled to any compensation in the following circumstances: (1) if we have informed you of the cancellation 14 days or more before your scheduled time of departure; or (2) if we have informed you of the cancellation between 7-13 days before your scheduled time of departure and have offered you an alternative flight which allows you to depart no more than two hours before your scheduled time of departure and to arrive at your final destination less than four hours after your scheduled arrival time; or (3) if we have informed you of the cancellation less than 7 days before your scheduled time of departure and have offered you an alternative flight which allows you to depart no more than one hour before your scheduled time of departure and to reach your final destination less than two hours after your scheduled arrival time. (C) We will also not pay any compensation to you if the cancellation of your flight has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Delay Compensation: If your flight is delayed by 3 hours or more on arrival at final destination, you may be entitled to compensation unless the delay was due to extraordinary circumstances which we could not avoid even by taking all reasonable measures. Extraordinary circumstances include bad weather, political instability, security risks, unexpected flight safety shortcomings, strikes affecting our operation or air traffic management decisions. Amount of compensation: Delay on arrival more than 3 hours but less than 4 hours - €300; delay on arrival more than 4 hours - €600." Assistance: We will offer you free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; and (b) two telephone calls, telex or fax message, or e-mails. If your flight is expected to be delayed until at least the day after its original scheduled departure time, then in addition to the assistance above, we will offer you: (c) hotel accommodation in cases: - where a stay of one or more nights becomes necessary; or - where a stay additional to that intended by you becomes necessary; and (d) transport between the airport and place of accommodation (hotel or other). Where the delay is at least five hours and you decide not to travel on the delayed flight, in addition to the meals and assistance above, we will offer you reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity. Denied Boarding Voluntary denied boarding: Before we deny anyone boarding for a flight, we will call for volunteers to surrender their reservations in return for benefits under conditions to be agreed, and also: Choice between: (i) reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity; or (ii) re-routing, under comparable transport conditions, to your final destination^, at the earliest opportunity; or (iii) re-routing, under comparable transport conditions, to your final destination^ at a later date at your convenience, subject to availability of seats. Involuntary denied boarding: If an insufficient number of volunteers comes forward, and we deny you boarding against your will, we will immediately provide you with compensation amounting to EUR600 unless the Note at the end of this section on Denied Boarding applies to you, and also: Choice between: (i) reimbursement* within 7 days of the full cost of your ticket, at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan, together with, when relevant, a return flight to the first point of departure on your ticket, at the earliest opportunity; or (ii) re-routing, under comparable transport conditions, to your final destination^, at the earliest opportunity; or (iii) re-routing, under comparable transport conditions, to your final destination^ at a later date at your convenience, subject to availability of seats. Assistance: And we will offer you free of charge: (a) meals and refreshments in a reasonable relation to the waiting time; (b) hotel accommodation in cases: - where a stay of one or more nights becomes necessary; or - where a stay additional to that intended by you becomes necessary; (c) transport between the airport and place of accommodation (hotel or other); and (d) two telephone calls, telex or fax message, or e-mails. Note: If we offer you an alternative flight to your final destination under comparable transport conditions, the arrival time of which does not exceed your original scheduled arrival time by four hours or more, we may reduce the compensation by 50% (ie. EUR300) Footnotes * Reimbursement - As we may need to obtain verification of various details prior to making any reimbursement, we may require a longer period than 7 days to do this. However, we will provide reimbursement as soon as possible and will use all reasonable endeavours to do so within 7 days. Reimbursement will be made to the purchaser of the ticket. ^ Final destination means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight. Alternative connecting flights available shall not be taken into account if the original planned arrival time is respected. This Notice is required by Regulation EC 261/2004 of the European Parliament and of the Council of the European Union. National designated body - Each EU Member State has designated a body responsible for the enforcement of the compensation and assistance rules set out in this notice. Contact details are as follows: For flights departing from the UK: Passenger Complaints Unit, Civil Aviation Authority CAA House 45-59 Kingsway London WC2B 6TE Tel: +44 20 7453 6888 Fax: +44 20 7240 7071 e-mail: passengercomplaints@caa.co.ukThis link will open in a new window. For flights departing from Germany: Luftfahrt-Bundesamt (LBA) DE - 38144 Braunschweig Tel.: +49 531 - 23 55 115 (mo-th 9-16, fr 9-15) Fax: +49 531 - 2355707 email: fluggastrechte@lba.deThis link will open in a new window. Website: www.lba.de Pawsey Supercomputing Centre Conditions of Use To use Pawsey data facilities and communications infrastructure you must agree to the conditions below. Contents 1 General 2 Publications 3 Computational Resources 4 Pawsey Data Stores 5 Network Policy 5.1 Preamble 5.2 Purpose and Policies 6 Security Policy 7 Password Policy 7.1 SSH Public/Private Key Pairs 7.2 Password Managers General The systems provided by the Pawsey facilities and the communications infrastructure are only to be used for activities directly related to approved research projects. The systems provided by the Pawsey facilities and the communications infrastructure are to be used in an efficient and economical manner. Pawsey and the Pawsey Facilities take no liability for any loss as a result of use of the Pawsey Facilities and the communications infrastructure. Researchers are bound by various state and federal legislation that, amongst other things, bans Discrimination, Harassment, Vilification, Bullying and Defamation and movement or retention of Illicit material. Researchers are bound by the Australian Copyright Act and must not use Pawsey infrastructure to break any of these laws, knowingly or accidentally. More detail is available at [1], particularly the section “Websites, Internet, Software & Apps”. Researchers when using Pawsey Facilities and communication infrastructure are bound to comply with US Export Administration Regulations (EAR). EAR regulations detail certain countries of origin that have been sanctioned. For this reason all researchers using Pawsey services will be asked to provide details of their nationality. A copy of EAR is available here: http://www.bis.doc.gov/index.php/policy-guidance/country-guidance/sanctioned-destinations All researchers using Pawsey Facilities and communication infrastructure must have their own individual account. Sharing of identity, sharing of passwords for a specific identity and group (or project) identities are all strictly prohibited. Researchers must provide an institutional email address (this should be the researchers main employer) to Pawsey as a first point of contact. If a researcher fails to respond to an institutional email address, Pawsey will temporarily suspend any account, until an institutional email can be validated. Pawsey has mailing lists associated with some of its infrastructure, as well as a general "friends" mailing list. It is compulsory to receive these notifications while having an active Pawsey account. Pawsey reserves the right to disable any account or suspend access to any resource at any time. These Conditions of Use and associate policies may change over time and the most recent version supercedes all others. Publications All publications resulting from the use of Pawsey Supercomputing Centre facilities and communications infrastructure must acknowledge the Pawsey Supercomputing Centre. Addition of the following text to the paper acknowledgments will be sufficient: “This work was supported by resources provided by the Pawsey Supercomputing Centre with funding from the Australian Government and the Government of Western Australia." In any financial year that you use Pawsey resources, you must submit an annual report as requested. Computational Resources Installation of any software must have prior approval from the Pawsey Supercomputing Centre. Use of software covered by any license agreement is bound by that agreement. Users must not divulge their account details to any other person and must take every reasonable precaution to ensure their passwords are secure. Users agree to advise the Pawsey Supercomputing Centre management if they become aware of any security breach or potential risk. Allocations on Pawsey supercomputers are governed by system-specific policies. See Supercomputers/Magnus/Magnus_User_Guide#Queue_Policy_and_Limits for Magnus. Pawsey Data Stores Pawsey has multiple data storage options available, known as Pawsey Data Stores. Access to Pawsey Data Stores is governed by a Data Storage and Management Policy (DSMP), which was approved by the Pawsey Board. The DSMP is available here All researchers must read and comply with the Pawsey DSMP at all times. Please note that we require all researchers to provide an institutional email address to verify the identity of all researchers using the Centre's facilities, without exception. The primary and deputy custodians for storage allocations are responsible for granting access (read and write or read only) to approved members of their project. Correspondingly every primary and deputy custodian of storage allocations must have a substantive employer, based within Australia. Where a primary or data deputy data custodian does not have a substantive employer in Australia, their allocation will be suspended until the situation is rectified. In addition every project member must have an individual Pawsey identity. All researchers must have their own account to access Pawsey Data Stores. Sharing of identity is strictly prohibited. Sharing of passwords for a specific identity is also prohibited and considered a breach of the conditions of use, in all cases. Network Policy Preamble The Pawsey network connects all joint-venture partners via dark fibre over which Pawsey has complete control – there are no managed services. This network was first put in place in 2002 when CSIRO entered into a 15 year IRU (Indefeasible Right to Use) with UEComms for fibre connections between the ARRC Facility and UWA, and between UWA and Central TAFE, with CSIRO paying the yearly maintenance on these fibres. The fibres connecting ARRC to Curtin were put in by Curtin University, and the fibre from ARRC to Murdoch is leased from Amcom, as is the fibre connecting ECU. The iVEC network connects to the outside world via CSIRO’s connection to AARNet at ARRC, and currently the traffic charges are picked up by CSIRO and not charged back to iVEC. Purpose and Policies The purpose of the Pawsey network is to provide high-speed connectivity amongst the various Pawsey Facilities and connectivity to the outside world for research purposes. It is primarily a research network, and should not be used to transit commercial traffic across any associated R&E networks, such as AARNet. Apart from Pawsey staff at the various Facilities, individual users or groups at the partner organisations may request connection to the Pawsey network as part of a project or ongoing series of projects for which they are using Pawsey facilities, assuming that they can physically be connected. These requests will be considered on a case-by-case basis, and should not be motivated by a desire to avoid their host institution’s internet traffic charges. The connection of any networking equipment, including wireless access points, to the Pawsey network must be approved by the Pawsey Network Manager, and come under the administrative control of Pawsey (this excludes the interconnection of other partner networks to iVEC, or the reticulation of the iVEC network through another network provider’s infrastructure, where administrative control of the network equipment lies with the provider). Where the Pawsey network is reticulated through another network provider’s infrastructure, Pawsey will have the final say on the connection of endpoints to the iVEC network. No connections to the internet-at-large may be made except through the official Pawsey gateway(s), currently AARNet at ARRC. This includes connecting modems to the network. Except in rare and approved circumstances, hosts should not be simultaneously directly connected to the Pawsey network and any other network. All traffic on the Pawsey network may be monitored, and network access to individuals and hosts may be terminated without notice, if network activity is considered inappropriate. Inappropriate use includes downloading or uploading of offensive or illegal or copyrighted content. The Pawsey network is not to be used for the sharing of music, movies or videos, nor for the purpose of connecting to Pawsey servers or external servers or organisations for which the user does not have authorised access. The conditions of use of Pawsey computers also apply here. It is the user’s responsibility to ensure that hosts connected to the Pawsey network run up-to-date anti-virus software where possible and appropriate. Incoming traffic is filtered at Pawsey's firewall, and the default posture is that such traffic is blocked unless explicitly allowed. Requests for ports to be opened on the firewall will be considered by Pawsey's Network Management. Some outgoing traffic may also be blocked, for example, email. All incoming email traffic will go via the CSIRO external email gateways, where it is filtered for viruses and spam. Outgoing email will also travel via these gateways. Anyone on the Pawsey network wishing to send outgoing email must send it via the mailserver smtp.ivec.org, which will pass it to the CSIRO gateways. The installation of externally visible servers on the Pawsey network must be approved, and should be part of an Pawsey-related project. Security Policy Pawsey and the Pawsey Facilities may terminate or restrict any user's access to its computer systems, without prior notice, if such action is necessary to maintain computing availability and security for other users of the systems. Computer abuse includes, but is not limited to: Using, or attempting to use, Pawsey computer systems without prior authorization or for unauthorized purposes Tampering with or obstructing the operation of Pawsey computer systems, or attempting to do so Inspecting, modifying, distributing, or copying privileged data or software without proper authorization, or attempting to do so Supplying, or attempting to supply, false or misleading information or identification in order to access Pawsey computer systems. Password Policy Do not fear losing your password. We can reset it for you. Passwords must: be at least 8 characters. contain a mix of alphabet, digit, and special characters. A mix of case for alphabet characters is recommended. Passwords must not be: the original password allocated to you a real word with random characters appended or prepended. E.g. "hello!!!" the name of a person, place, or thing, from any language. a real word with substitution of characters of similar appearance. E.g. "pa55w00rd". based on the keyboard layout. E.g. "qwerty!@#" based on personal information, such as family birthdays or pets any passwords forbidden by this policy but spelled backwards shared with anyone else the same as on another system you use. stored or sent unencrypted. This also includes fax, telephone and written down. SSH Public/Private Key Pairs You should use public/private key pairs when using ssh. Putty and OpenSSH have facilities for generating keys. In Putty it is "PUTTYGEN.EXE", and for OpenSSH it is "ssh-keygen". Consult their manuals. The ssh passphrase should be different to your account password. Use SSH2 encryption, not SSH1. Keep the private key on your own computer, and do not let anyone else have it. The public key you can freely distribute. Insert the public key into ~/.ssh/authorized_keys on the Pawsey machine (and any others that you log in to with ssh) and make it only readable by you. If the file does not exist, create it. Alternatively, send the public key to a system administrator and get them to install it. Password Managers We recommend you use a password manager to store your passwords in an encrypted format. There are plenty of these, such as Norton Password Manager (WindowsXP), PwManager (Linux), and Keepass/KeepassX (Windows, Linux, OSX, Blackberry). When using a password manager, you only have to remember two passwords. One for the machine you have the passwords on, and one for the master password of the password manager. Seeing you do not need to remember the passwords stored in the manager, they can be very random and secure. Most password managers can generate strong random passwords for you. If you use the clipboard to copy passwords, then empty the clipboard straight away. Spotify Terms and Conditions of Use Effective as of 24 October 2016 1 Introduction 2 Changes to the Agreements 3 Enjoying Spotify 4 Rights we grant you 5 Third Party Applications 6 User-Generated Content 7 Rights you grant us 8 User guidelines 9 Infringement and reporting User Content 10 Service limitations and modifications 11 Brand Accounts 12 Spotify Support Community 13 Customer support 14 Export control 15 Payments, cancellations, and cooling off 16 Term and termination 17 Warranty and disclaimer 18 Limitation 19 Third party rights 20 Entire agreement 21 Severability and waiver 22 Assignment 23 Indemnification 24 Choice of law, mandatory arbitration and venue 25 Contact us Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go… 1 Introduction Thanks for choosing Spotify (“Spotify”, “we”, “us”, “our”). By signing up or otherwise using the Spotify service, websites, and software applications (together, the “Spotify Service” or “Service”), or accessing any content or material that is made available by Spotify through the Service (the “Content”) you are entering into a binding contract with the Spotify entity indicated at the bottom of this document. The Spotify Service also includes the Spotify Support Community as further described in the Spotify Support Community section. The Spotify Service includes social and interactive features. Use of the Spotify Service relies on several technical requirements. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on Spotify’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Spotify Service or consume any Content. Please read the Agreements carefully. They cover important information about Spotify Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court. Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information. In order to use the Spotify Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions: Country Age Requirements Chile, Ecuador, Paraguay, Peru Must be 18 or older, or be 15 or older and have parent or guardian consent. Brazil Must be 18 or older, or be 16 or older and have parent or guardian consent. Nicaragua, Taiwan Must be 20 or older, or be 13 or older and have parent or guardian consent. Bulgaria, Hungary, Germany Must be 18 or older, or be 14 or older and have parent or guardian consent. Italy Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you). Malaysia Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement. Lithuania Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement. Canada Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent. Spain Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you). 2 Changes to the Agreements Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form. 3 Enjoying Spotify Here’s some information about all the ways you can enjoy Spotify. 3.1 Our Services & Paid Subscriptions Spotify provides streaming services offering a selection of music and other content. Certain Spotify services are provided to you free-of-charge. Other Spotify services require payment before you can access them. The Spotify services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The Spotify service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website. The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service. If you reside in Turkey, your access to the Free Service may be limited to a fixed amount of listening hours per month. 3.2 Codes and other pre-paid offers If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Spotify for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. 3.3 Trials From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Spotify reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SPOTIFY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SPOTIFY ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SPOTIFY ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SPOTIFY ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SPOTIFY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION. 4 Rights we grant you The Spotify Service and the Content are the property of Spotify or Spotify's licensors. We grant you limited, non-exclusive, revocable permission to access the Spotify Service, and limited, non-exclusive, revocable permission to access the Content for personal, non-commercial, entertainment purposes (your “Access”). Your Access shall remain in effect until and unless terminated by you or Spotify. You promise and agree that you are accessing the Content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the Spotify Service or the Content. The Spotify software applications are not sold, to you, and Spotify and its licensors retain ownership of the Content and all copies of the Spotify software applications even after the latter is installed on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). Your Access to the Content does not give you any ownership rights to the Content. All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand (“Spotify Brand Features”) are the sole property of Spotify or its licensors. The Agreements do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use. You agree to abide by our User guidelines and not to use the Spotify Service, or any part thereof, or access the Content, or any part thereof, in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Spotify grants no right, title, or interest to you in the Spotify Service or Content. Third party software (for example, open source software libraries) included in the Spotify Service are made available to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website. 5 Third Party Applications The Spotify Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Spotify does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications. 6 User-Generated Content Spotify users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Spotify Support Community as well as any other part of the Spotify Service. You promise that, with respect to any User Content you post on Spotify, (1) you have the right to post such User Content, and (2) such User Content, or its use by Spotify as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, entity or individual without express written consent from such individual or entity. Spotify may, but has no obligation to, monitor, review, or edit User Content. In all cases, Spotify reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Spotify’s sole discretion, violates the Agreements. Spotify may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. Spotify is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SPOTIFY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SPOTIFY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. 7 Rights you grant us In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Spotify Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Spotify Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Spotify (e.g. podcasts) may contain advertising as part of the Content. In such cases, Spotify will make such Content available to you unmodified. If you provide feedback, ideas or suggestions to Spotify in connection with the Spotify Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Spotify to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. 8 User guidelines Spotify respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone. Please follow these rules and encourage other users to do the same. The following is not permitted for any reason whatsoever: copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Spotify Service or the Content, or otherwise making any use of the Spotify Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Spotify Service or the Content or any part of it; using the Spotify Service to import or copy any local files you do not have the legal right to import or copy in this way; transferring copies of cached Content from an authorized Device to any other Device via any means; reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Spotify Service, Content or any part thereof unless permitted by applicable law; circumventing any technology used by Spotify, its licensors, or any third party to protect the Content or the Service; selling, renting, sublicensing or leasing of any part of the Spotify Service or the Content; circumventing any territorial restrictions applied by Spotify or it licensors; artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Spotify Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content); providing your password to any other person or using any other person’s username and password; “crawling” the Spotify Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Spotify; or selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist. Please respect Spotify, the owners of the Content, and other users of the Spotify Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Spotify or a third party; includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; is intended to or does harass or bully other users; impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; uses automated means to artificially promote content; involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Spotify inbox; involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Spotify; links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Spotify; interferes with or in any way disrupts the Spotify Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Spotify’s computer systems, network, usage rules, or any of Spotify’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by Spotify. You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Spotify account. You also agree that Spotify may also reclaim your username for any reason. Please be thoughtful about how you use the Spotify Service and what you share. The Spotify Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Spotify or across the web, so please use Spotify carefully and be mindful of your account settings. Spotify has no responsibility for your choices to post material on the Service. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. 9 Infringement and reporting User Content Spotify respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Spotify’s copyright policy. If Spotify is notified by a copyright holder that any Content infringes a copyright, Spotify may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Spotify with a request to restore the removed content. If you believe that any Content does not comply with the User guidelines, please fill out our notice form. 10 Service limitations and modifications Spotify will make reasonable efforts to keep the Spotify Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Spotify Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Spotify permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Spotify will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Spotify has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Spotify and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law. 11 Brand Accounts If you establish a Spotify account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable. If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements. 11.1 Following The Brand may only follow users who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement. Upon Spotify’s request, in its sole discretion, a Brand must cease following a user. 11.2 Listening The Brand may not stream media. 11.3 Messaging The Brand may only send messages to users who first send messages to the Brand. 11.4 Brand Playlists and Sharing The Brand may not create or share any Spotify playlists, whether within the Spotify Service or elsewhere, that imply an endorsement or relationship between the Brand and any artist or any other party, unless the Brand has independently obtained the rights to imply such an endorsement. Brands may wish to consult Spotify’s Brand Playlist Guidelines. 12 Spotify Support Community The Spotify Support Community is a place for discussions and exchange of information, tips, and other materials related to the Spotify Service. In order to use the Spotify Support Community, you must (1) have an existing Spotify account; and (2) authenticate your Spotify account for use on the Support Community (a “Spotify Support Account”). Instructions for creating a Spotify Support Account can be found on the Community registration page. In addition to the Agreements, you also agree to adhere to the Spotify Support Community Guidelines that you will be presented with upon registration (the “Support Community Guidelines”) when using the Spotify Support Community. If you do not agree to the Agreements or the Support Community Guidelines, you may not use the Spotify Support Community. 12.1 Spotify Support Accounts By creating a Spotify Support Account, you confirm that any registration information that you submit to Spotify is true, accurate, and complete and that you will update such information in order to keep it current. It is strictly prohibited to include information in your profile that suggests that you are a Spotify employee or moderator or to otherwise pose as such an employee or moderator when using the Spotify Support Community. You also acknowledge and agree that Spotify may remove or reclaim your username at any time if Spotify in its absolute discretion considers such action appropriate. 12.2 No official support No User Content or other content posted by Spotify employees, moderators and/or representatives on the Spotify Support Community should be construed as official support provided by Spotify. For details regarding official support, see the section Customer Support. Any content provided or made available to you on the Spotify Support Community by Spotify employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind. You acknowledge that opinions expressed in User Content on the Spotify Support Community are those of contributors of such User Content only and do not reflect the opinions or policies of Spotify or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors. 12.3 Reward Program The Spotify Support Community features a reward system whereby Spotify, in its sole discretion, may reward users based on the amount of “Kudos” received or quality of responses by a user. You agree to only give Kudos to other users (and not to yourself) and only when deserved, and to refrain from any attempts to manipulate the reward system, e.g., by creating multiple accounts or artificial responses. You acknowledge that Spotify’s decision in respect of any reward shall be final and binding. 13 Customer support For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries. 14 Export control Spotify’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements. 15 Payments, cancellations, and cooling off Paid Subscriptions can be purchased directly from Spotify or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Spotify Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Spotify Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Spotify at any time during the Cooling-off Period. Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Spotify will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Spotify during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method. If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support. If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party. Spotify may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Spotify Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Spotify Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. 16 Term and termination The Agreements will continue to apply to you until terminated by either you or Spotify. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Spotify may terminate the Agreements or suspend your access to the Spotify Service at any time, including in the event of your actual or suspected unauthorised use of the Spotify Service and/or Content, or non-compliance with the Agreements. If you or Spotify terminate the Agreements, or if Spotify suspends your access to the Spotify Service, you agree that Spotify shall have no liability or responsibility to you and Spotify will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Spotify account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time. Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination. 17 Warranty and disclaimer WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SPOTIFY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SPOTIFY SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOTIFY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SPOTIFY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SPOTIFY SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 18 Limitation YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY SERVICE. WHILE SPOTIFY ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. Nothing in the Agreements removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law. 19 Third party rights You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Spotify, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Spotify only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 20 Entire agreement Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, the Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that other aspects of your use of the Spotify Service may be governed by additional agreements. That could include, for example, access to the Spotify Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Spotify’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail. 21 Severability and waiver Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Spotify or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spotify’s or the applicable third party beneficiary’s right to do so. 22 Assignment Spotify may assign the Agreements or any part of them, and Spotify may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or your rights under the Agreements, to any third party. 23 Indemnification To the fullest extent permitted by applicable law, you agree to indemnify and hold Spotify harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Spotify Service; and (4) your violation of any law or the rights of a third party. 24 Choice of law, mandatory arbitration and venue 24.1 Governing Law / Jurisdiction Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles. Further, you and Spotify agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.) Country Choice of Law Jurisdiction Poland, Italy Laws of Sweden Exclusive; Courts of Local Country Turkey Laws of Sweden Non-exclusive; Courts and other tribunals in the Republic of Turkey Brazil Laws of Brazil Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil Canada Laws of the Province of Ontario Exclusive; Courts of Ontario, Canada United States, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY Estonia, Hong Kong, Latvia, Lithuania Laws of Sweden Non-exclusive; Courts of Sweden Spain Laws of Spain Exclusive; Courts of the consumer’s current domicile in Spain. All remaining countries Laws of Sweden Exclusive; Courts of Sweden Spotify does not accept any codes of conduct as mandatory in connection with the services provided under these Agreements. 24.2 CLASS ACTION WAIVER WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Spotify agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 24.3 ARBITRATION If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you: 24.3.1 Dispute resolution and arbitration You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Agreements or to your relationship with Spotify as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements. 24.3.2 Exceptions Notwithstanding clause (24.3.1) above, you and Spotify both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims. 24.3.3 Arbitration rules Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of California, United States, without regard to choice or conflicts of law principles. 24.3.4 Time for filing Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 24.3.5 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Spotify's address for Notice is: Spotify, Attn: General Counsel, 45 W. 18th Street, 7th Floor, New York, New York 10011, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spotify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Spotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Spotify in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator. 24.3.6 Modifications In the event that Spotify makes any future change to this arbitration provision (other than a change to Spotify's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Spotify's address for Notice, in which case your account with Spotify shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive. 24.3.7 Enforceability If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements. 25 Contact us If you have any questions concerning the Spotify Service or the Agreements, please contact Spotify customer service by visiting the About Us section of our website. Thank you for reading our Terms. We hope you enjoy Spotify! Contracting entity: Spotify AB Birger Jarlsgatan 61, 113 56 Stockholm Sweden SE556703748501 © Spotify AB. Spotify Privacy Policy Effective as of 24 October 2016 1 Introduction 2 Key highlights of what you’re consenting to 3 The information we collect 4 How we use the information we collect 5 Sharing information 6 Your preferences 7 Transfer to other countries 8 Links 9 Security 10 Children 11 Accessing and updating user information 12 Changes to the Privacy Policy 13 Information about cookies, other technologies, and third-party data collection Hello, and welcome to our Privacy Policy. This Privacy Policy helps you to make informed decisions about your relationship with us, so please read it carefully. We hope you’re sitting comfortably and getting ready for some great tunes. Here we go… 1 Introduction Thanks for choosing Spotify. This is our Privacy Policy. Before getting into the details, we’d like to highlight some of the key principles behind it. These principles are important to us because we know they’re important to you. The Privacy Policy is here to do three things: Explain the way we use information that you share with us in order to build a great product and give you a great experience with it; Ensure that you understand what information we collect with your permission, and what we do — and do not do — with it; Hold us accountable for protecting your rights and your privacy under this policy. All the information we collect is related to providing the Spotify service and its features. Broadly speaking, there are two categories of information we collect: 1) information that we must have in order for you to use Spotify; and 2) information that we can use to provide additional features and improved experiences if you choose to share that information. The first category includes: Registration information, including your name, birth date, address, and other information you provide when you sign up for Spotify. Broad, non-specific location, which we derive from your IP address. Our licenses to deliver music and other content to you are location-specific, so we need to know what country you’re in. This also enables us to make suggestions based on your general location, like concerts or performances. The music you listen to and your interactions with the Service. This allows us to make recommendations to you and suggest relevant content. You can choose whether or not to share this information with your friends, followers, or the public. Technical and sensor information necessary to operate Spotify. This includes the type of browser and device you use, data from the touchscreen, and information from your device’s accelerometer and gyroscope sensors. This enables you to control Spotify and allows us to do simple things like rotate videos and recommend music based on whether you’re sitting still or running. The second category includes information that enables us to offer you additional features. We never receive any of the following information unless you expressly choose to share it with us. It’s as simple as that. Here are some examples: Your specific location: We will never gather or use your specific device location without first getting your explicit permission. This information enables us to create collaborative listening experiences (only with others who have also given permission), and to provide even better recommendations about locally popular music, live venues, and concerts. Your photos: We will only access images that you specifically choose, and we will never scan or import your photo library or camera roll. This allows you to choose individual pictures to change your profile picture or create cover art for a playlist. You can stop sharing photos and revoke access at any time. Your contacts: We will never scan or import your contacts unless you ask us to. If you choose to do so, we will only use your contact information to help you find friends or contacts who use Spotify. Your microphone: We will never access or use your microphone unless you give us explicit permission. This could enable you to control Spotify with your voice, and you will always have the ability to disable access to the microphone. The distinction between these two categories is important. Information in the first category is information you must provide in order to use Spotify. When you agree to our Privacy Policy, you give us the right to collect this information and use it for the purposes described. Information in the second category is information we will only collect if you explicitly give us permission to do so in the future. For this second category of information, we will ask for your permission before first accessing it, we will describe how we will use it if you give us permission, we will only use the information for the purpose we described, and you will always have the ability to change your mind and revoke that permission. Acceptance of our Privacy Policy does not mean you have granted us permission to access or use information in the second category; we’re just explaining to you that one day we might ask you for that permission. We will be clear with you about how and when we might share information. In some contexts, we will share certain information. For example, like most services, if you sign up for Spotify through a third party like Facebook or a mobile provider, we share some information with them and they share some information with us in order to enable your account. And we also share de-identified information with our music industry partners to help them understand how the content they license to us is performing, with marketing partners who help us with promotional efforts, and with advertisers that allow us to offer a free service. There also may be times when you want us to share information. For example, when you make playlists, you might want those playlists to be visible to your friends… and you might not. Similarly, you can ask us to share information (like your email address) with artists or record labels, or other partners who may want to directly send you news or promotional offers, but you can also revoke that permission at any time. We hope this helps you to understand our privacy commitments to you. Now, the details await you below, but please remember that this Introduction is part of the Privacy Policy itself — it’s our promise to you. If you ever have any questions or concerns, then please let us know at privacy@spotify.com. Throughout this Privacy Policy we refer to the Spotify Service or the Service. These terms are defined in our Terms and Conditions of Use (the “Terms and Conditions of Use”). 2 Key highlights of what you’re consenting to By using or interacting with the Service, you are consenting to: the use of cookies and other technologies; the transfer of your information outside of the country where you live; the collection, use, sharing, and other processing of your information, including for advertising-related purposes (as described in the rest of this Privacy Policy, so please keep on reading!); and the public availability of your information and the controls over such information as described in Sharing information. In each case, you consent to the processing of data by the entities described in this Privacy Policy, including the Spotify entity, as data controller, indicated at the bottom of this document (collectively, “Spotify”, “we”, “us”, “our”). In the Your Preferences section, we describe the controls and relevant settings associated with your Spotify account. If you don't agree with the terms of this Privacy Policy, then please don't use the Service. 3 The information we collect We may collect and store the following information— 3.1 Registration data When you sign up for the Service, we may ask you for information such as your username, password, email address, date of birth, gender, address, postal code, and country. If you connect to the Service using credentials from a Third Party Application (as defined in the Terms and Conditions of Use) (e.g., Facebook), you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Third Party Application account, including, for example, your name, profile picture, country, hometown, email address, date of birth, gender, friends’ names and profile pictures, and networks. You may also choose to voluntarily add other information to your profile, such as your mobile phone number and mobile service provider. 3.2 Usage, log data & cookies When you use or interact with the Service, we may use a variety of technologies that collect information about how the Service is accessed and used. This information may include: information about your type of subscription and your interactions with the Service, such as interactions with songs, playlists, other audiovisual content, other Spotify users, Third Party Applications, and advertising, products, and services which are offered, linked to, or made available on or through the Service; the details of the queries you make and the date and time of your request; User Content (as defined in the Terms and Conditions of Use) you post to the Service including messages you send and/or receive via the Service; technical data, which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Spotify Service, unique device ID, device attributes, network connection type (e.g., WiFi, 3G, LTE) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and Spotify application version. motion-generated or orientation-generated mobile sensor data (e.g., accelerometer or gyroscope). You may integrate your Spotify account with Third Party Applications. If you do, we may receive similar information related to your interactions with the Service on the Third Party Application, as well as information about your publicly available activity on the Third Party Application. This includes, for example, your “Like”s and posts on Facebook. We may use cookies and other technologies to collect this information; you can learn more about such use in the section Information about cookies and other technologies of this Privacy Policy. 3.3 Your mobile device We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your Spotify experience but are not required to use the Service. (In other words, information that falls in the second category described in the Introduction to this Policy.) For example, we might allow you to upload photos to your profile, connect with friends, or let you use voice commands to control the Service. Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission. If you provide such permission, we will collect the information for the specific purposes explained at the time we ask for your permission. You do not have to give us such permission in order to use Spotify, and acceptance of this Privacy Policy does not mean you have granted us permission to access this information. In particular: Photos and Camera: We will not access your photos or camera without first getting your explicit permission and we will never scan or import your photo library or camera roll. If you give us permission to access photos or your camera, we will only use images that you specifically choose to share with us. (You may use our application to select the photo or photos you choose to share, but we will never import the photos you review except those you explicitly share.). Location: We will not gather or use the specific location of your mobile device (by using, for example, GPS or Bluetooth) without first getting your explicit permission. And if you choose to share location information but later change your mind, you will always have the ability to stop sharing. Please note that this does not include IP address. We will continue to use your IP address as described in Section 3.2 above, to determine, for example, what country you are in and comply with our licensing agreements. Voice: We will not access your microphone without first getting your explicit permission. You will always have the ability to disable microphone access. Contacts: We will not scan or import your contacts stored on your phone without first getting your explicit permission. We will only use the contact information to help you find friends or contacts who use Spotify if you choose to do so, and we will not use contact information for any other purpose without first getting your separate explicit permission. Local law may require that you seek the consent of your contacts to provide their personal information to Spotify, which may use that information for the purposes specified in this Privacy Policy. 3.4 Widget data Other websites may integrate Spotify widgets (such as the Spotify Play Button or Spotify Follow Button). When you visit a site with a Spotify widget embedded, we may receive certain information, including information about the web page you visited. Spotify and the widget can recognise you, and the widget may be used to show personalised content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information. 3.5 Payment data If you sign up for a Trial (as defined in the Terms and Conditions of Use), purchase any of our Paid Subscriptions (as defined in the Terms and Conditions of Use), or make other purchases through the Service, your credit or debit card information (such as card type and expiration date) and other financial data that we need to process your payment may be collected and stored by us and/or the payment processors with which we work. We may also collect some limited information, such as your postal code, mobile number, and details of your transaction history, all of which are necessary to provide the Service. In addition, the payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and certain digits of your card number. If you choose to pay by invoice, Spotify may need to collect and store additional information, like your name, date of birth, and phone number, and provide it to payment processors we work with to issue invoices, to enable credit checks and to send you invoices. BY ACCEPTING THE PRIVACY POLICY, YOU EXPRESSLY AUTHORISE SPOTIFY TO USE AND SHARE WITH OTHER COMPANIES IN THE SPOTIFY GROUP, AS WELL AS CERTAIN TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF THE COUNTRY OF YOUR RESIDENCE (INCLUDING COUNTRIES WHICH DO NOT PROVIDE THE SAME LEVEL OF PROTECTION FOR THE PROCESSING OF PERSONAL DATA AS THE COUNTRY OF YOUR RESIDENCE), THE INFORMATION PROVIDED BY YOU TO SPOTIFY, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING SECRECY LAWS. YOU ACKNOWLEDGE AND AGREE TO THE IMPORTANCE OF SHARING SUCH INFORMATION FOR THE PROVISION OF THE SPOTIFY SERVICE AND ALSO AGREE THAT, BY ACCEPTING THIS PRIVACY POLICY, WHERE APPLICABLE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANK SECRECY LAWS WITH REGARD TO SPOTIFY, ANY COMPANY IN THE SPOTIFY GROUP, AND ANY TRUSTED BUSINESS PARTNERS AND SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE YOUR COUNTRY OF RESIDENCE. THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH SPOTIFY. 3.6 Sweepstakes, contests & surveys From time to time, we may offer you the opportunity to participate in promotions such as sweepstakes, contests, offers, and/or surveys (“Special Promotions”) through the Service. A Special Promotion may be governed by a privacy policy and/or terms and conditions that are additional to, or separate from, this Privacy Policy and the Terms and Conditions of Use. If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the Terms and Conditions of Use, those additional or separate provisions shall prevail. If you participate in a Special Promotion, we may ask you for certain information in addition to what is stated in this Privacy Policy, including personal information. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy. 3.7 Spotify service providers and partners We may also receive information about you from our service providers and partners, which we use to personalise your Spotify experience, to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you. We also use this information as explained in the section How we use the information we collect below. 4 How we use the information we collect Consistent with the permissions you give us to collect the information, we may use the information we collect, including your personal information: to provide, personalise, and improve your experience with the Service and products, services, and advertising (including for third party products and services) made available on or outside the Service (including on other sites that you visit), for example by providing customised, personalised, or localised content, recommendations, features, and advertising on or outside of the Service; to ensure technical functionality of the Service, develop new products and services, and analyse your use of the Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the Service; to communicate with you for Service-related or research purposes including via emails, notifications, text messages, or other messages, which you agree to receive; to communicate with you, either directly or through one of our partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Spotify account settings); in the section Your preferences below, we inform you of the controls you can use to opt out from receiving certain messages; to, if you explicitly provide us your permission, use your mobile phone number to send you informational, marketing and promotional text messages using an automatic dialing system; you are not required to provide consent as a condition of signing up for Spotify’s services; to enable and promote the Service and other services or products, either within or outside the Service, including features and content of the Service and products and services made available through the Service; to process your payment or prevent or detect fraud; to enforce this Privacy Policy, the Terms and Conditions of Use, and any other terms that you have agreed to, including to protect the rights, property, or safety of Spotify, its users, or any other person, or the copyright-protected content of the Service; to provide you with features, information, advertising, or other content which is influenced by your location and your location in relation to other Spotify users; and as otherwise stated in this Privacy Policy. 5 Sharing information This section describes how the information collected or generated through your use of the Spotify service may be shared by you or by us. 5.1 Sharing by you 5.1.1 Generally The Spotify Service is a social service that offers many ways to find, enjoy, and share content. We encourage you to take advantage of these social features with others on the Service. Your name and/or username, profile picture, who you follow, who follows you, and your Spotify user profile will always be publicly available. Playlists created or followed, your activity on the Service (e.g., what you listen to, music you share), recently played artists, your top tracks, your top artists, and User Content you post, upload, and/or contribute to the Service are made publicly available by default. Your activity on the Service (e.g., what you listen to, music you share) will automatically appear on the Service and will, for example, be accessible by users who follow you or view your Spotify profile. If you create a playlist, the playlist will be publicly displayed by default, which means that it will also be displayed publicly in third-party search engine results and may appear together with other public profile information, such as your picture and name and/or username. Although this information is made public by default, in Your preferences below, we describe the controls that you can use, along with other relevant settings associated with your Spotify account, to limit the sharing of your information. Please remember that certain information is always publicly available, which means that it can be accessed by Third Party Applications through our APIs and developer tools. Based on your permissions, some additional information can be shared with Third Party Applications and with others through Third Party Applications. For example, you can use your settings to control whether your Spotify activity is posted to Facebook. Similarly, you may consent to provide Third Party Applications with access to your email address, subscription status, location, birthday, or similar information, upon their request. We may use your public information to promote the Service and to help others find and follow you and/or your Spotify content, including through Facebook and other Third Party Applications and on websites that embed Spotify widgets. Your information may be used to notify others, including within the Service, via email, and through Facebook and Third Party Applications, about your use of the Service (e.g., that you have joined Spotify or activity related to a Spotify profile, such as adding or removing tracks from a playlist). With your explicit permission, we may notify other users of your location. Likewise, with other Spotify users’ explicit permission, we may notify you about their whereabouts. We may offer you the ability to share this information to create shared experiences. Learn more about how to manage notifications, your publicly available information, and what you share with others in Your preferences below. 5.1.2 Third Party Applications If you connect your Spotify account to a Third Party Application, Spotify may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that that such information may be attributed to your account on the Third Party Application and may be published on such service. Although this information may be automatically shared by default, we inform you of the controls that you can use to limit the sharing of this information in the section Your preferences below. The Third Party Application may also provide similar controls. If you log into a Third Party Application with your Spotify account, that Third Party Application may have access to certain information such as your playlists, content saved, and activity. With your explicit permission, we may also share additional information such as your email address, subscription status, location, or birthdate with such Third Party Applications. Spotify also enables you to share a particular item of content or a playlist that you have created, on an individual basis, to Third Party Applications, other third party services, other Spotify users, and others. Please note that if you share content to a Third Party Application or a third party service, it will be viewable by others within the Spotify Service, regardless of your Spotify account settings. You understand and agree that a Third Party Application’s use of information collected from you (or as authorised by you) is governed by the Third Party Application’s privacy policies and your settings on the relevant service, and Spotify’s use of such information is governed by this Privacy Policy and your Spotify account settings. 5.1.3 Support Community When you register for a Spotify Support Account on the Spotify Support Community, we will ask you to create a specific Spotify Support Community username, which will be publicly displayed to anyone who accesses the Spotify Support Community. If you choose not to create such a username, your Spotify username or your Facebook display name will be publicly displayed when you post User Content. 5.2 Sharing by Spotify 5.2.1 Marketing and advertising We may share information with advertising partners in order to send you promotional communications about Spotify or to show you more tailored content, including relevant advertising for products and services that may be of interest to you, and to understand how users interact with advertisements. The information we share is in a de-identified format (for example, through the use of hashing) that does not personally identify you. Please see the section Information about cookies, other technologies, and third-party data collection below for information about the cookies and other technologies that we and third parties use to serve you more relevant ads and your options. 5.2.2 Service providers and others We may from time to time share your information with service providers to perform functions and process user data and help provide our Services, consistent with this Privacy Policy. For example, we work with service providers to host our Spotify Support Community Site and analytics providers to help us understand the use of our Services. Where a third party processes user data on our behalf (e.g., a hosting service provider), it is subject to security and confidentiality obligations consistent with this Privacy Policy and applicable law. Where a third party processes user data on its own behalf, its processing is subject to its own Privacy Policy and applicable law. 5.2.3 Rights holders The Spotify service allows you to listen to fully-licensed streaming content. Spotify shares information with the rights holders that license this content to Spotify. The data that Spotify shares is in a de-identified format that does not identify you directly, unless you opt in to the sharing of your personal information. 5.2.4 Certain Spotify partners If you access the Spotify Service through an offer that you received or purchased from a third party such as your mobile network operator, we may also share information with that third party about your use of the Spotify Service, such as whether and to what extent you have used the offer, activated a Spotify account, or actively used the Service. 5.2.5 Other sharing In addition to the above, we may also share your information with third parties for these limited purposes: to allow a merger, acquisition, or sale of all or a portion of our assets; to respond to legal process (e.g., a court order or subpoena), if we believe in good faith that it is necessary to do so; to comply with requirements of mandatory applicable law; to protect the safety of any person; to protect the rights and property of Spotify, including to enforce the Terms and Conditions of Use and any other terms that you have agreed to; and to address fraud, security, or technical issues; to academic researchers for purposes including statistical analysis and academic study, but only in a de-identified format; to publish de-identified or aggregate information about the use of the Spotify Service; and to allow other companies in the Spotify group to use your information as specified in this Privacy Policy. 6 Your preferences We provide you with settings to allow you to choose which communications you receive from us, manage your public information, and set your sharing preferences. However, as explained in the section Sharing by you, certain information may always be publicly available to others and other information is made publicly available to others by default. And if you share information to a Third Party Application, that information is viewable on Spotify, regardless of how you set your privacy settings. To change whether certain information is publicly available, you can adjust the settings in your account. View instructions for adjusting the relevant settings on Spotify’s website. Information that is publicly available, such as playlists, may be used, re-shared, or linked to by others on the Service or across the web, so please use Spotify carefully and be mindful of your settings. Remember that even if you remove a playlist or make a playlist private, others who already subscribe to it or who otherwise have access to it (e.g., via a link) may still have access to it. Also keep in mind that playlists and other information added to your profile may include personal information, such as username, which could enable other persons to find you within the Spotify Service or other services. 7 Transfer to other countries Spotify transfers, processes and stores information about our users on servers located in a number of countries. Accordingly, Spotify may share your information with other companies in the Spotify group in order to carry out the activities specified in this Privacy Policy. Spotify may also subcontract processing to, or share your information with, third parties located in countries other than your home country. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information. The Spotify group will process your information as described in this Privacy Policy. 8 Links We may display advertisements from third parties and other content that links to third party websites. We cannot control or be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your personal information. 9 Security We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Spotify Service. While we take data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information. 10 Children The Spotify Service is not directed to children under the age of 13. (In some countries, stricter age limits may apply. See our Terms and Conditions of Use.) We do not knowingly collect personal information from children under 13 or under the applicable age limit (the “Age Limit”). If you are under the Age Limit, do not use the Service and do not provide any personal information to us. If you are a parent of a child under the Age Limit and become aware that your child has provided personal information to Spotify, please contact us at privacy@spotify.com and you may request exercise of your applicable access, rectification, cancellation, and/or objection rights. If you are a California resident under the age of 18 and you wish to remove publicly available content, please contact us at eraser@spotify.com. 11 Accessing and updating user information You can view and amend much of the information we keep about you through your account and profile pages. If you have questions about your privacy on the Service, this privacy policy, or information we have about you, please contact us at privacy@spotify.com. You can also contact our privacy representative by sending a letter to Spotify, Attn: Privacy Officer, Legal Department, 45 West 18th Street, 7th Floor, New York, NY 10011, United States. We will respond to your request within a reasonable period of time upon verification of your identity in accordance with local laws. We recommend you include documents that prove your identity and a clear and precise description of the information which you request access to. 12 Changes to the Privacy Policy Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form. 13 Information about cookies, other technologies and third-party data collection This section describes use of cookies and other technologies. For further information about how information may be shared by Spotify, please see the section Sharing by Spotify. 13.1 What are cookies and other technologies? A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognise your device the next time you visit their website. There are other similar technologies such as pixel tags (transparent graphic images placed on a web page or in an email, which indicate that a page or email has been viewed), web bugs (similar to pixel tags), and web storage, which are used in desktop software or mobile devices. There are also technologies such as mobile device identifiers and SDK integrations to help companies recognise your device when you return to an app or otherwise use the a service. 13.2 How we use cookies and other technologies We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them). We use the following types of cookies for the purposes explained in this chart: Cookie Type Purpose Essential Operational These cookies are necessary to allow us to operate the Spotify Service as you have requested. For example, they let us recognise what type of subscriber you are and then provide you with services accordingly. Performance / Analytics We use these cookies to analyse how the Spotify Service is accessed, is used, or is performing. We use this information to maintain, operate, and continually improve the Spotify Service. We may also obtain information from our email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters' effectiveness and helps us ensure that we're delivering information that you find interesting. Functional These cookies let us operate certain functions of the Spotify Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Spotify Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username, remembering how you have customised our services, and reminding you of content you have enjoyed. Targeting / advertising We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness. Third Party We may allow our business partners to use cookies on or outside the Spotify Service for the same purposes identified above, including collecting information about your online activities over time and across different websites. We may also use service providers acting on our behalf to use cookies for the purposes identified above. Spotify Ads We work with web publishers, advertising networks, and service providers to deliver Spotify ads on other web sites and services. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and services and to regulate the advertisements you receive and measure their effectiveness. We also use mobile device identifiers and the other technologies identified in Section 13.1 for the purposes articulated in this Privacy Policy, for example to recognise your device when you return to the Spotify app or otherwise use the Spotify Services. 13.3 Manage your cookie and other preferences Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser’s preferences. Please note that if you choose to block cookies, doing so may impair the Spotify Service or prevent certain elements of it from functioning. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals. We use the AdChoices Icon on our website, and it may also appear on certain targeted advertisements that we (or a service provider acting on our behalf) send to you based on information about your online activities. You may click on the AdChoices icon or visit aboutads.info to receive more information about the collection and use of information about your online activities for online behavioral advertising or to learn how to opt out of having your data used for online behavioral advertising by Digital Advertising Alliance (DAA) participating companies. Canadian users can also visit youradchoices.ca. European users can also visit youronlinechoices.com to learn how to opt out of having their data used for online behavioral advertising by European Interactive Digital Advertising Alliance (EDAA) member companies. Another available tool is the Network Advertising Initiative’s (NAI) Opt-Out Tool at networkadvertising.org/choices. This allows you to opt out from the use of information about your online activities for online behavioral advertising by NAI member companies. On your mobile device, you may also have a “Limit Ad Tracking” setting (on iOS devices) or a setting to “Opt out of Interest-Based Ads” (on Android) which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests. Please note that even if you opt out using the mechanisms above, you may still receive advertisements when using the Spotify Service. We work with advertising partners to serve advertisements on the Spotify Service. One of the services we use to track activity related to the Service, e.g., by placing cookies, is Google Analytics by Google (Google, Inc. a company headquartered at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). We may use vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on your past visits to our websites, including Google Analytics for Display Advertising. Google provides tools to manage the collection and use of certain information by Google Analytics at tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings at google.com/settings/ads. You hereby consent to the use of the cookies and other technologies described above. 13.4 More information For more information about the use of cookies and how to block them, visit allaboutcookies.org, youronlinechoices.eu (Europe), or aboutads.info/choices (United States). If you have any questions or comments about our use of cookies, please contact us at privacy@spotify.com. Thank you for reading our Privacy Policy. We hope you enjoy Spotify! Data controller: Spotify AB Birger Jarlsgatan 61, 113 56 Stockholm Sweden © Spotify AB. Snap Inc. Terms of Service Effective: September 23, 2016 Welcome! We’re thrilled you’ve decided to use Snapchat and our other products and services, all of which we refer to simply as the “Services.” We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: These Terms do indeed form a legally binding contract between you and Snap Inc. So please read them carefully. By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SNAP INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1. Who Can Use the Services No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully. By using the Services, you state that: You can form a binding contract with Snap Inc. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the U.S. Government, you agree to the Amendment to Snap Inc. Terms of Service for U.S. Government Users. 2. Rights We Grant You Snap Inc. grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so. 3. Rights You Grant Us Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected. For all Services other than Live, Local, and any other crowd-sourced Service, you grant Snap Inc. a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. Because Live, Local, and any other crowd-sourced Services are inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to Live, Local, or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send Live, Local, or other crowd-sourced content, you also grant Snap Inc. and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Snap Inc. or our business partners if your name, likeness, or voice is conveyed through Live, Local, or other crowd-sourced Services, either on the Snapchat application or on one of our business partner’s platforms. For more information about how to tailor who can watch your content, please take a look at our Privacy Policy and Support Site. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. The Services may contain advertisements. In consideration for Snap Inc. letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content. We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you. 4. The Content of Others Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Snap Inc. reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines. 5. Privacy Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Snap Inc. can collect, use, and transfer your information consistent with that policy. 6. Respecting Other People's Rights Snap Inc. respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right. bullies, harasses, or intimidates. defames. spams or solicits our users. You must also respect Snap Inc.’s rights. These Terms do not grant you any right to: use branding, logos, designs, photographs, videos, or any other materials used in our Services. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent. In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so. 7. Respecting Copyright Snap Inc. honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Snap Inc. becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill out this form. Or you may file a notice with our designated agent: Snap Inc. Attn: Copyright Agent 63 Market Street Venice, CA 90291 email: copyright@snap.com If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner. identify the copyrighted work claimed to have been infringed. identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material. provide your contact information, including your address, telephone number, and an email address. provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 8. Safety We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited in these Terms. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user’s account, username, or password without their permission. You will not solicit login credentials from another user. You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security of the Services. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms. We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never Snap and drive. And never put yourself or others in harm’s way just to capture a Snap. 9. Your Account You are responsible for any activity that occurs in your Snapchat account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account. By using the Services, you agree that, in addition to exercising common sense: You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You will not buy, sell, rent, or lease access to your Snapchat account, Live, Snaps, a Snapchat username, or a friend link without our written permission. You will not share your password. You will not log in or attempt to access the Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to Snapchat Support. 10. Memories Memories is our data-storage service that makes it easier for you to reminisce anytime, anywhere. By agreeing to these Terms, you will automatically enable Memories. Once Memories is enabled, it will remain enabled for as long as you maintain your Snapchat account. But you can always turn off certain Memories features through Settings. One of the options we provide with Memories is the ability to create a restricted area by setting a passcode, which might be a PIN or a passphrase or some other mechanism. This is similar to the device-lock option you may be using on your mobile device; by setting a passcode, you make it less likely that another person who gets ahold of your device will be able to see what you saved to the restricted area of Memories. But here’s a big warning: IF YOU LOSE OR FORGET YOUR MEMORIES PASSCODE, OR IF YOU ENTER THE WRONG ONE TOO MANY TIMES, YOU WILL LOSE ACCESS TO ANY CONTENT YOU SAVED IN THE RESTRICTED AREA OF MEMORIES. We don’t offer any passcode recovery features for this restricted area. You are solely responsible for remembering your passcode. Please go to our Support Site for more details on passcodes. Your content in Memories might become unavailable for any number of reasons, including things like an operational glitch or a decision on our end to terminate your account. Since we can’t promise that your content will always be available, we recommend keeping a separate copy of content you save to Memories. We make no promise that Memories will be able to accommodate your precise storage needs. We reserve the right to set storage limits for Memories, and we may change these limits from time to time in our sole discretion. And just as with our other Services, your use of Memories may take up space on your device and may incur mobile data charges. You may not resell any Memories features. This means you can’t do something like use Memories to operate your own file-storage or distribution service for other people. 11. Data Charges and Mobile Phones You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services. If you change or deactivate the mobile phone number that you used to create a Snapchat account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you. 12. Third-Party Services If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Snap Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms. 13. Modifying the Services and Termination We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong Snapchatter, you can terminate these Terms at any time and for any reason by deleting your account. Snap Inc. may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. Regardless of who terminates these Terms, both you and Snap Inc. continue to be bound by Sections 3, 6, 9, 10, and 13-22 of the Terms. 14. Indemnity You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Snap Inc., our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms. 15. Disclaimers We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE SNAP INC. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. SNAP INC. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH SNAP INC. WILL BE RESPONSIBLE FOR. 16. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAP INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SNAP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SNAP INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SNAP INC., IF ANY, IN THE LAST 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 17. Arbitration, Class-Action Waiver, and Jury Waiver PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SNAP INC. TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. Applicability of Arbitration Agreement. You and Snap Inc. agree that all claims and disputes, including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Snap Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” includes claims and disputes that arose between us before the effective date of these Terms. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. Fees. If you choose to arbitrate with Snap Inc., you will not have to pay any fees to do so. That is because Snap Inc. will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, Snap Inc. will pay that forum’s fees as well. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Snap Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Snap Inc. Waiver of Jury Trial. YOU AND SNAP INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Snap Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Snap Inc. over whether to vacate or enforce an arbitration award, YOU AND SNAP INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Snap Inc. can force the other to arbitrate. To opt out, you must notify Snap Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Snapchat username and the email address you used to set up your Snapchat account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Snap Inc., ATTN: Arbitration Opt-out, 63 Market Street, Venice, CA 90291, or email the opt-out notice to arbitration-opt-out@snap.com. Small Claims Court. Notwithstanding the foregoing, either you or Snap Inc. may bring an individual action in small claims court. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Snap Inc. 18. Exclusive Venue To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Snap Inc. agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Snap Inc. consent to the personal jurisdiction of both courts. 19. Choice of Law Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes arising out of or relating to these Terms or their subject matter, including tort and statutory claims and disputes. 20. Severability If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. 21. Additional Terms for Specific Services Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services. 22. Final Terms These Terms make up the entire agreement between you and Snap Inc., and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control. Contact Us Snap Inc. welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://support.snapchat.com/. Snap Inc. is located in the United States at 63 Market Street, Venice, California 90291. Privacy Policy Last Modified: September 27, 2016 Snapchat is a fast and fun way to share experiences with your friends and the world around you. You can send a photo or video Snap to friends, chronicle your day through Story, touch base using Chat, immerse yourself in global events through Live, and enjoy handcrafted stories from the world’s top publishers on Discover. When you use these services—and any others we at Snap Inc. roll out, whether in the Snapchat app or elsewhere—you’ll share some information with us. We get that that can affect your privacy. So we want to be upfront about the information we collect, how we use it, whom we share it with, and the choices we give you to control, access, and update your information. That’s why we’ve written this Privacy Policy. And it’s why we’ve tried to write it in a way that’s blissfully free of the legalese that often clouds these documents. Of course, if you still have questions about anything in our Privacy Policy, just contact us. One final point before we dive in: We’re happy to report that we participate in the EU-U.S. Privacy Shield, which you can read more about here. Information We Collect There are three basic categories of information we collect: Information you choose to give us. Information we get when you use our services. Information we get from third parties. Here’s a little more detail on each of these categories. Information You Choose to Give Us When you interact with our services, we collect the information that you choose to share with us. For example, most of our services require you to set up a basic Snapchat account, so we need to collect a few important details about you, such as: a unique username you’d like to go by, a password, an email address, a phone number, and your date of birth. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, a name, or other useful identifying information. Other services, such as commerce products, may also require you to provide us with a debit or credit card number and its associated account information. Of course, you’ll also provide us whatever information you send through the services, such as Snaps and Chats to your friends. Keep in mind that the users you send Snaps, Chats, and any other content to can always save that content or copy it outside the app. So, the same common sense that applies to the Internet at large applies to Snapchat as well: Don’t send messages or share content that you wouldn’t want someone to save or share. It probably goes without saying, but we’ll say it anyway: When you contact Snapchat Support or communicate with us in any other way, we’ll collect whatever information you volunteer. Information We Get When You Use Our Services When you use our services, we collect information about which of those services you’ve used and how you’ve used them. We might know, for instance, that you watched a particular Live Story, saw a specific ad for a certain period of time, and sent a few Snaps to friends. Here’s a fuller explanation of the types of information we collect when you use our services (to learn about how you can control some of this information, be sure to read the aptly titled Control over Your Information section below): Usage Information. We collect information about your activity through our services. For example, we may collect information about: how you interact with the services, such as which filters you view or apply to Snaps, which channels you watch on Discover, or which search queries you submit. how you communicate with other Snapchatters, such as their names, the time and date of your communications, the number of messages you exchange with your friends, which friends you exchange messages with the most, and your interactions with messages (such as when you open a message or capture a screenshot). Content Information. We collect information about the content you provide, such as if the recipient has viewed the content and the metadata that is provided with the content. Device Information. We collect device-specific information, such as the hardware model, operating system version, advertising identifier, unique application identifiers, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number). Device Phonebook. Because Snapchat is all about communicating with friends, we may—with your consent—collect information from your device’s phonebook. Camera and Photos. Many of our services require us to collect images and other information from your device’s camera and photos. For example, you won’t be able to send Snaps or upload photos from your camera roll unless we can access your camera or photos. Location Information. When you use our services we may collect information about your location. With your consent, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses. Information Collected by Cookies and Other Technologies. Like most online services and mobile applications, we may use cookies and other technologies, such as web beacons, web storage, and unique advertising identifiers, to collect information about your activity, browser, and device. We may also use these technologies to collect information when you interact with services we offer through one of our partners, such as commerce features. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services. To learn more about how we use cookies and your choices, please check out our Cookie Statement. To learn more about how third parties use these technologies on our services, be sure to read the Analytics and Advertising Services Provided by Others section of our Privacy Policy. Log Information. We also collect log information when you use our website. That information includes, among other things: details about how you’ve used our services. device information, such as your web browser type and language. access times. pages viewed. IP address. identifiers associated with cookies or other technologies that may uniquely identify your device or browser. pages you visited before or after navigating to our website. Information We Collect from Third Parties We may collect information that other users provide about you when they use our services. For example, if another user allows us to collect information from their device phonebook—and you’re one of that user’s contacts—we may combine the information we collect from that user’s phonebook with other information we have collected about you. We may also obtain information from other companies that are owned or operated by us, or any other third-party sources, and combine that with the information we collect through our services. How We Use Information What do we do with the information we collect? The short answer is: Provide you with an amazing set of products and services that we relentlessly improve. Here are some of the ways we do that: develop, operate, improve, deliver, maintain, and protect our products and services. communicate with you. monitor and analyze trends and usage. personalize the services by, among other things, suggesting friends or profile information, or customizing the content we show you, including ads. contextualize your experience by, among other things, tagging your Memories content using your precise location data (if, of course, you’ve consented to us collecting that data) and applying other labels based on the content. improve ad targeting and measurement, including through the use of your precise location data (again, if you’ve consented to us collecting that data). See the “Control Over Your Information” section below for more information about Snap Inc.’s advertising practices and your choices. enhance the safety and security of our products and services. verify your identity and prevent fraud or other unauthorized or illegal activity. use information we’ve collected from cookies and other technology to enhance the services and your experience with them. enforce our Terms of Service and other usage policies. We may also store some information locally on your device. For example, we may store information as local cache so that you can open the app and view content faster. How We Share Information We may share information about you in the following ways: With other Snapchatters. We may share the following information with other Snapchatters: information about you, such as your username and name. information about how you have interacted with the services, such as your Snapchat “score,” the names of Snapchatters you are friends with, and other information that will help Snapchatters understand your connections with others using the services. For example, because it may not be clear whether a new friend request comes from someone you actually know, we may share whether you and the requestor have Snapchat friends in common. any additional information you have consented for us to share. For example, when you let us access your device phonebook, we may share information about you with other users who have your phone number in their device phonebook. content you post or send will be shared with other Snapchatters; how widely your content is shared depends on your personal settings and the type of service you are using. For example, a Snap may be sent to just a single friend you select, but your My Story content may be seen by any Snapchatter whom you allow to see your My Story. With all Snapchatters and the general public. We may share the following information with all Snapchatters as well as the general public: public information like your Snapcode and profile pictures. any content that you submit to Live, Local, or any other crowd-sourced service. If a Live, Local, or any other crowd-sourced service is streamed on the web or broadcast in some other media, it may be viewed by the public at large. With our affiliates. We may share information with entities within the Snap Inc. family of companies. With third parties. We may share your information with the following third parties: With service providers, sellers, and partners. We may share information about you with service providers who perform services on our behalf, sellers that provide goods through our services, and business partners that provide services and functionality. With third parties for legal reasons. We may share information about you if we reasonably believe that disclosing the information is needed to: comply with any valid legal process, governmental request, or applicable law, rule, or regulation. investigate, remedy, or enforce potential Terms of Service violations. protect the rights, property, and safety of us, our users, or others. detect and resolve any fraud or security concerns. With third parties as part of a merger or acquisition. If Snap Inc. gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes. In the aggregate or after de-identification. We may also share with third parties, such as advertisers, aggregated or de-identified information that cannot reasonably be used to identify you. Information You Choose to Share with Third Parties The services may also contain third-party links and search results, include third-party integrations, or offer a co-branded or third-party-branded service. By going to those links, using the third-party integration, or using a co-branded or third-party-branded service, you may be providing information (including personal information) directly to the third party, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information. As always, we encourage you to review the privacy policies of every third-party website or service that you visit or use, including those third parties you interact with through our services. How Long We Keep Your Content Snapchat lets you capture what it’s like to live in the moment. On our end, that means that we automatically delete the content of your Snaps (the photo and video messages that you send your friends) from our servers after we detect that a Snap has been opened by all recipients or has expired. But remember: There are various ways Snapchatters can save your content and also upload it to Snapchat (like as an attachment in Chat). We go into more detail below about how users can save Snapchat content. Outside of Snaps, the rest of our services may use content for longer periods of time, which means those services may follow different deletion protocols. So, for example, we retain your Story content a bit longer than Snaps so that your friends have more time to view your Story. Or, if you submit content to one of our inherently public features, such as Live, Local, or any other crowd-sourced service, we may retain the content indefinitely. If you have any questions about how a feature works you can just pop on over to our Support Site. Finally—and this is important—you should understand that users who see the content you provide can always save it using any number of techniques: screenshots, in-app functionality, or any other image-capture technology. It’s also possible, as with any digital information, that someone might be able to access messages forensically or find them in a device’s temporary storage. Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. And we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law. Control over Your Information We want you to be in control of your information, so we provide you with the following tools. Access and Updates. We strive to let you access and update most of the personal information that we have about you. There are limits though to the requests we’ll accommodate. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful. You can access and update most of your basic account information right in the app by visiting the app’s Settings page. If you need to access, update, or delete other personal information that we may have, you can put in a request here. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we let you access or update your personal information. We will try to update and access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will of course disclose the fee before we comply with your request. Revoking Permissions. If you change your mind about our ongoing ability to collect information from certain sources that you have already consented to, such as your phonebook or location services, you can simply revoke your consent by changing the settings on your device if your device offers those options. Of course, if you do that, certain services may lose full functionality. Account Deletion. While we hope you’ll remain a lifelong Snapchatter, if for some reason you ever want to delete your account, just go here. If you ask to delete your account, you will have up to 30 days to restore your account before we delete your information from our servers. During this period of time, your account will not be visible to other Snapchatters. Advertising Preferences. We try to show you ads that we think will be relevant to your interests. If you would like to modify the information we and our advertising partners use to select these ads, go here to learn about the choices available to you. Communicating with other Snapchatters. It’s also important to us that you stay in control over whom you communicate with. That’s why we’ve built a number of tools in Settings that let you indicate, among other things, who you want to see your Stories, whether you’d like to receive Snaps from just your friends or all Snapchatters, and whether you’d like to block another Snapchatter from contacting you again. For more information about how to control your privacy settings, check out our Support Site. Analytics and Advertising Services Provided by Others We may let other companies use cookies, web beacons, and similar tracking technologies on the services. These companies may collect information about how you use the services and other websites and online services over time and across different services. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity. Additionally, some companies may use information collected on our services to deliver targeted advertisements on behalf of us or other companies, including on third-party websites and apps. For more information about interest-based ads and the choices available to you, go here. Users Outside the United States Although we welcome Snapchatters from all over the world, keep in mind that no matter where you live or where you happen to use our services, your information may be shared within the Snap Inc. family of companies. This means that we may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Children Our services are not intended for—and we don’t direct them to—anyone under 13. And that’s why we do not knowingly collect personal information from anyone under 13. Revisions to the Privacy Policy We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website and mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages or providing you with an in-app notification). Neopets Terms of Use The following is the "Agreement" between you and NeoPets, Inc. ("us" or "we") and are the applicable rules when you visit and play on neopets.com. It is very important that you understand and follow these rules and if there are any parts that you do not fully understand, please discuss them with one of your parents. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PLAYING ON NEOPETS. By using Neopets or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not play on any of Neopets. A. Rules of Conduct: 1. Play Safely: The best safety policy is to follow your parents' rules regarding playing online. 2. Do Not Try To Share Personal Information. Please do not try to share with anyone your personally identifiable information such as your e-mail address, physical address, school name, last name, photographs of yourself, instant messenger username or telephone number. Likewise, do not ask for any such information from other users. If you think anything is suspicious, make sure to report it. 3. Respect The Community: Remember, many different people enjoy playing on Neopets. In order that everyone continues to enjoy Neopets, it is important that everything you post or send through Neopets is family friendly. That means you should not attempt to post any of the following: profanity, obscenities ("swear words") or sexual content (express or implied). attacks, comments, or opinions about other people or things that slander, defame, threaten, insult or harass another person. information that might identify another player requests for player passwords (including offers to take care of another's account). romance role playing. "spamming" (repeatedly posting the same message) or "party boards". gangs, gang-slang, or the promotion of gangs. promotions offering prizes of any sort (including contests, raffles, lotteries, chain letters or any kind of giveaway). "cheats" or "hacks", or information or links to sites claiming to have these other information that we deem, in its sole discretion, to be inappropriate for this site. 4. Other Players Also Enjoy Neopets: If you see something you don't like, remember that all the stuff on the message boards, chat rooms and other communication areas comes straight from other players, not from us. We wouldn't tell kids what to say, because kids have minds of their own! But if someone sends ugly messages, we'll do our best to take care of it. We all want Neopets to be a good, clean place to hang out. 5. Playing Neopets Is Not A Way To Make Money: As a guest you do not own the accounts, activities, items, virtual currency, characters, locations, games and avatars on Neopets; they are for you to play with while on Neopets; you can't sell anything for real money. This means that you cannot try to make money off the virtual items or currency in your account or even sell the time it took you to collect such items. If we find someone selling virtual items or currency, we will freeze every account controlled by that player and every account of the player who purchased such virtual currency or items. 6. You are a Guest; Please Act as Such. You are a guest on Neopets and you should act accordingly and respect the other guests you meet. We reserve the right to prohibit the use of Neopets to any player at any time. Please be a good guest. 7. Posting Your Stuff on Neopets. If you write something that catches our eye anywhere on Neopets, we might want to use it. By posting material on Neopets or through Neopets' functionality (and getting your parent's permission to do so if you are under the age of 18), you and your parents are telling us it's ok to repeat what you say. It's even ok to put it in an advertisement. It means we can use it in any way we want, anywhere, until the end of time. And wouldn't it be cool if we used something YOU said until the end of time? 8. Inactivity. We work very hard at making Neopets fun and enjoyable for everyone because we want you stay active. However, if you choose to stop playing on Neopets, we reserve the right to permanently erase your account and everything associated with your account including items or privileges that may have been licensed through the payment of money to us or our licensing partners. Currently, our policy is to terminate any account that has not been active for eighteen months. 9. Respect Other People's Creative Material. We respect the creative material/intellectual property of others, and we ask our players to do the same. We may, in appropriate circumstances and at out discretion, terminate the accounts of players who infringe the intellectual property rights of others. 10. Do Not Share Your Account. You shall not share your account with anyone or allow anyone else other than you personally to access or use your account, other than your parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. You will be held responsible for any activity that occurs on an account registered to you. B. Use of Content/Intellectual Property 1. Your License to Our Content/Intellectual Property. All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, programs, routines, objects, files data, characters/avatars (including all attributes comprising or associated with any player account such as virtual currency, trophies, virtual pets, game statistics, and virtual items), player and pet names, games or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Jumpstart and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use and solely for purposes permitted by, and in a manner consistent with the terms of this Agreement and the game rules applicable to each individual site, one copy of any material and/or software that you may download from Neopets, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of us. Use of our and/or our licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. You hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to Neopets as that term is defined under 18 U.S.C. § 1030. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Any and all rights not specifically and expressly granted by us herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Any use of Neopets not expressly authorized by us is strictly forbidden and will be regarded as an infringement of our copyrights in and to Neopets and/or the individual games within Neopets. You agree that you will not, under any circumstances: (a) in whole or in part, translate, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based upon Neopets or any game contained therein; (b) use cheats, automation software, hacks, or any unauthorized third party software to modify Neopets, any activity or game within the Neopets or to change any designed game play; (c) use the functionality of Neopets for transferring any in-game currency, item, avatar or account to another user in exchange for payment outside Neopets; or (d) perform any in-game services or activity on another user's account in exchange for payment outside Neopets (e.g., obtaining trophies for other users. 2. Our License to Your Content/Intellectual Property. By uploading or otherwise submitting any materials to us and/or Neopets, you (and your parents, if you're under age 18) automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived. 3. Our Copyright Policy. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement on Neopets and to promptly end any infringement that might occur. If you believe that any of Neopets contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy. C. Links And Advertisements 1. Third Party Links. On Neopets there may appear URLs, hyperlinks or any other form of link or re-direction (collectively "Links") that take you outside of Neopets to sites that are beyond our control. When you click on these Links, you are taken to sites not under our management and control and different terms of use and privacy policies may apply. The appearance of these Links and/or other materials generated by third parties does not constitute an endorsement by us, our subsidiaries and affiliates, of the opinions or views expressed by these third party sites. We explicitly disclaim any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such third party sites. As such, neither we nor our subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, under no circumstances will we be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party sites accessed through Links on Neopets. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages. We encourage discretion when visiting third party sites and considering the products and/or services offered on such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. As such, you hereby irrevocably waive any claim against us with respect to such third party sites. 2. Ads and Malware. We take great care and pride in creating Neopets. We are always on the lookout for technical glitches that effect how Neopets works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see Neopets -- and that is beyond our control. If you experience any unusual behavior, content or ads on any of Neopets, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on Neopets is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our sites and on other sites that you visit. We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware. Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser). Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware. Install antivirus software, such as Norton anti-virus or McAfee Virus-shield. Install Microsoft Defender (for Windows computers). Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us. D. Communication 1. Posting Content Via Site Functionality. Neopets contains various features that may permit players, consistent with applicable laws, to post ideas, content, information and opinions ("Postings"). In no event do we assume or have any responsibility or liability for anything posted by you or another player. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any person, or otherwise violate any law or give rise to liability. Further, you agree not to abuse our communication features by "spamming" (posting numerous identical messages). The communication features on Neopets may be used for noncommercial purposes only. You are not permitted, without our express written approval, to distribute or otherwise publish any Postings containing any solicitation of funds, endorsements (including of a religious, political, sexual orientation, or social cause nature), promotions, or advertising or solicitations of any kind or nature. You specifically acknowledge that soliciting other players of Neopets to join or become members of any commercial online service or other organization or group (profit, non-profit, religious, social, political, or otherwise) is expressly prohibited. Each site may have there own particular rules regarding communicating with other players but some basic guidelines apply to all of Neopets. First, be respectful of other players and always remember that children may be playing on Neopets. If you try to post something that we deem inappropriate, in our sole discretion, your account will be terminated. Second, we don't allow players to try to get other players to communicate off Neopets. Thus, your account may be terminated is you ask for information such as other players' IM, email address, physical address or suggest that you and the other player should go to a third party site so you can communicate more freely. Likewise, do not supply any such information about yourself to other players. Remember all communications are filtered and may be viewed by monitors to make sure your communications with others are appropriate. 2. Communications with Us. Neopets provides methods to communicate with us regarding your account, concerns about other players, site questions, etc. First, when we communicate with you, WE WILL NEVER REQUEST YOUR PASSWORD. Second, please do not spam the communication features and make sure that you only communicate through the proper communications channels designated to address your questions. If you don't use the proper communications channels for your particular question, you may not receive a response. E. Rules Applicable to Certain Other Services Offered on Neopets: Neopets may offer additional services and offers like the ability to purchase virtual items, subscription-based services, contest and sweepstakes. For such additional services and activities, there may be specific rules of participation which appear in connection with information about a particular activity and you will have to agree to those rules in order to participate, subscribe, purchase or license. This Agreement is incorporated by reference to the applicable rules of participation. Any such terms of participation are in addition to this Agreement, and in the event of a conflict, prevail over this Agreement as applied to those services and activities. F. Miscellaneous: 1. Disclaimer And Limitation Of Liability. NEOPETS AND ALL MATERIALS CONTAINED ON NEOPETS ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of Neopets or with respect to the information and material contained on Neopets. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NEOPETS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing Neopets. 2. Termination of Account/Site Content. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from us, if, in our sole discretion, you fail to comply with this Agreement or the applicable game rules posted on Neopets. We also reserve the right to terminate your access to Neopets at any time. Finally, we reserve the right to change, modify, delete any of Neopets content or features at our sole discretion. 3. Indemnification. You agree to indemnify, defend and hold harmless, us, ours affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to Neopets from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. We reserve the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. 4. Applicable Law, Venue, Jurisdiction. The Agreement and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State of California and County of Los Angeles. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of any of Neopets or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 5. Interpretation. This Agreement contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Agreement in other languages, the Agreement in English governs. 6. Modification. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will notify you of these changes consistent with applicable law. Once we modify the Agreement, these changes become effective immediately and if you use Neopets after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms of this Agreement regularly so you are aware of the most current rights and obligations pursuant to your agreement with us. 7. International Transfer of Information. As we operate globally, we may need to transfer to and process personally identifiable information about you on our servers in the United States and we will use such information consistent with our Privacy Policy. By using Neopets, you expressly consent to our Privacy Policy. 8. Content Disclaimer: Please note that Neopets and its Neomail e-mail service are not in anyway related to or affiliated with Ernie Miller or his Neomail e-mail software program. Please note that Neopets and the "Chia" species are not in any way related to or affiliated with Joseph Enterprises' "Chia Pet" or any other Joseph Enterprises products bearing its registered trademark "CHIA." 9. Location: We operate and control Neopets from its offices in Torrance, California. No software from Neopets may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Terms of Use Agreement was last modified on November 11, 2015 and is effective immediately. NEOPETS PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS LAST UPDATED: 03/04/2014 Our Privacy Policy applies to and governs all websites, games, online services, and software made available by Neopets at www.neopets.com and www.petpetpark.com, (collectively, the “Neopet Sites” and, individually, “Site”) on mobile devices, tablets, personal computers and other devices. Neopets, Inc. is a business unit of Knowledge Adventure, Inc. By accessing any of the Neopet Sites, you are consenting to this Privacy Policy. This Privacy Policy describes what information the Neopet Sites collect from users, including children, when they visit the Neopet Sites; how such information is used and stored; when such information may be disclosed to third parties; how users, parents, and guardians can control the use and disclosure of collected information; and how information is protected. Our users’ privacy is important to us, and we recognize the need to provide additional privacy protection for children on the Neopet Sites permitting such users. Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries. Younger users should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. SUMMARY. For your convenience, the following is a quick summary of our Privacy Policy. Please read the entire Privacy Policy for more detailed information. What We Collect: We only collect information necessary for the activities on the Sites. We do not collect personally identifiable information from children under the age of thirteen without parental consent. The information we may collect includes the following information: Received as part of the registration process, entering contests, making purchases or if you submit content; Automatically collect about your computer or devices used by you when accessing the Sites or games. This may include information such as your IP address, cookie ID, and other unique device identifiers; and Collected from third parties, (i.e. your registered third-party social media providers). For more detailed information regarding the information we collect, please go here. How We Store It: While we take reasonable steps to secure your personal information, no system is fault proof. If our security systems are breached: We may attempt to notify you electronically and, by using the Service and/or providing personal information to us, you agree that we can notify you electronically. We may post a notice on the Web Sites if a security breach occurs. You will need a web browser enabling you to view our site(s). We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@jumpstart.com. If your email address changes and you have provided us with personal information, you should notify us at privacy@jumpstart.com so that we can communicate with you if necessary. For more detailed information regarding how we store information, please go here. How We Use the Information: In general, the personal information you provide will: Allow us to: Respond to your customer service questions or issues; Enable you to take advantage of Neopet Sites features and services; Personalize your experience and the advertising you see; Alert you of new products or services, features, or enhancements; Notify you of upgrade opportunities, contests, promotions, or special events and offers. It may also allow you access to enhanced features available to registered users. and on behalf of third-parties whose products or services might be of interest to you; measure analytics; and manage and improve the services available on the Neopet Sites. For more detailed information regarding how we use such information, please go here. What We Share: Depending upon the circumstances, we may share collected information with: Law enforcement or others as needed to protect or defend our rights and the rights of others; Third parties we hire to handle certain activities; Advertisers or third parties with whom we may partner to provide you additional content, products or services; Business partners who sponsor a sweepstakes or contest or who jointly offer a service or feature on the Neopet Sites; Within the Knowledge Adventure family of companies; In the event of a corporate transaction; and Otherwise with your consent. We will attempt to ensure that these entities do not use your personal information for any other purpose, and that they have agreed to maintain the confidentiality, security and integrity of the personal information they obtain from us. Please be aware that we cannot control the activities of third parties to whom we provide data, and as such we cannot guarantee that they will adhere to the same privacy and security procedures as Knowledge Adventure. Our sites may also have message boards and/or chat areas, where users can exchange ideas and communicate with one another. When posting to a message board or chat area, please be aware that the information is being made publicly available online and the user does so at his or her own risk. For more detailed information regarding our information sharing practices, please go here. Who Else Is Collecting Information: We may use a number of advertising networks, analytics service providers and other such companies to, for example, serve targeted advertisements or analyze the performance of the Neopet Sites. These companies may use their own unique identifiers, and their use of these technologies is within their control and not ours. These companies may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. For more information about these third parties and how you might be able to control how they use your information, please go here. How You Can Control Your Own Information: We make every attempt to allow you to control the way that we use personally identifiable information that you choose to provide. You have the option of declining any future offers of information about enhancements, new products, promotions or services. In addition, many of the "mailings" Neopets may send you, such as newsletters, have procedures within them to cancel the receipt of any future mailings. You may have choices about the use of your information by third parties wishing to deliver certain targeted advertising to you. You have the right to access, update and correct factual inaccuracies in any personally identifiable information we collect about you. Parents and guardians can review any personally identifiable information collected about their children and request that such information be deleted and/or that no further information be collected. If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from us (via e-mail or postal mail) about new products, services, or promotions, you can do so. You may contact us at Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at opt-out@jumpstart.com . Please indicate what publications or services you no longer wish to receive so that we may better address your needs. For more detailed information regarding your control over your information, please go here and here. Who We Are The Neopet Sites are made available by Knowledge Adventure, Inc., If you have any questions about our information handling practices, including our practices with respect to children’s personal information, please contact us at: Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at opt-out@jumpstart.com . Please indicate what publications or services you no longer wish to receive so that we may better address your needs. QUICK LINKS. I. INFORMATION COLLECTION AND USE. A. Registration Information B. Social Platform Registrations and Social Media Plugins C. Computer Information Collected By Us D. Computer Information Collected By Others E. Contests and Sweepstakes F. Electronic Postcards and Messages G. Electronic Newsletters H. Interactive Features and Services I. Wireless Marketing Services J. Geolocation Information K. Financial Information L. Other Data Collection and Use II. DISCLOSURE TO THIRD PARTIES. A. Law Enforcement and Safety B. Agents C. Third Parties/Advertisers D. Co-Branded Sites And Features E. Knowledge Adventure and Other Affiliated Businesses F. Business Transfer G. With Your Consent III. INTERNATIONAL TRANSFER. IV. SECURITY, STORAGE AND RETENTION OF INFORMATION. V. ACCESSING AND CORRECTING INFORMATION; TERMINATION OF WIRELESS SERVICES. A. Reviewing Your Information B. Parental Access C. Termination Of Wireless Services VI. ONLINE SAFETY. VII. LINKS TO THIRD PARTIES. VIII. YOUR CALIFORNIA PRIVACY RIGHTS. IX. CONTACT US INFORMATION COLLECTION AND USE. We may request or collect certain information when you visit the Neopet Sites. However, users are required to share only the information that is reasonably necessary to participate in the particular activity. A. Registration Information: The information required to register varies by Site, but may include: (a) birth date; (b) gender; (c) country; (d) state; (e) zip code; (f) user name and password; (g) wireless telephone number; (h) email address; and (i) other profile information such as avatar preferences, communications preferences, and interests. Children under the age of thirteen may be asked to provide his or her parent's or guardian's email address. Users or their parents/guardians will receive an activation email and must follow the procedures or otherwise agree to the terms within the activation email within a certain time period to activate the account; accounts not activated within that time period will be deleted. Registration information is used to enable users to take advantage of site offerings; respond to user’s requests for products, services, and information; manage games; serve appropriate material; customize the content you see when you visit the Neopet Sites; and offer users special offers and promotions from Neopet Sites and Knowledge Adventure companies and its subsidiaries and affiliates as well as on behalf of selected third parties offering products, programs or services, that we believe may be of interest to you. B. Social Platform Registrations and Social Media Plugins: Some of the Neopet Sites permit or require users who are at least 13 years old to register or log into their account via a social networking platform such as Login with Facebook, or permit you to use social media plugins such as the Facebook “Like” or Google “+1” buttons. When you use these social networking platforms and plugins, your username and password for the services and other information available about you or collected from you on these services may be shared with us. When you use social networking platforms and plugins, you share your information with them and their privacy policy applies to their collection, use, and disclosure of such information. In addition, they may be able to collect information about you, including your activity on the Neopet Sites, and they may notify your connections on the social networking platform about your use of the Neopet Sites. Such services may also employ unique identifiers which allow your activity to be monitored across multiple websites for purposes of delivering more targeted advertising to you. For more information about Login with Facebook, please go here. Please note that their privacy policies may be different from our own and we encourage you to read them. C. Computer Information Collected by Us: When users come to a Site, we may automatically collect certain information from their computers or mobile devices, such as the type of computer operating system (e.g., Windows XP or Mac OS), the user's IP address, the web browser (e.g., Internet Explorer, Safari, Chrome and Firefox), UDID (for certain mobile devices), information about the websites visited before and after visiting the Site, the web pages and advertisements viewed and links clicked on within the Neopet Sites, interactions with e-mail messages sent by a Site or Knowledge Adventure companies (e.g., links clicked on and whether the messages were opened or forwarded), information collected through the use of unique identifiers such as cookies (see below), information regarding the Internet service provider, and other standard server log information ("Computer Information"). We may use cookies, web beacons, tokens or similar technologies (collectively referred to as “Tracking Technologies”) on the Neopet Sites. "Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. “Tokens” are unique persistent identifiers that are generated and sent from a server, such as Adobe’s Pass service, to a user’s device to identify an interaction session, such as the authentication for a user’s cable provider service, and which are usually stored as an HTTP cookie. The Site and/or third parties may use Tracking Technologies to collect Computer Information automatically as you browse the Site and the web. We may use Tracking Technologies to help tailor our content, allow users to move between certain Neopet Sites without logging into each Site, enable the internal functioning of the Neopet Sites, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on the Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages originating from the Neopet Sites or Knowledge Adventure companies(such as the links clicked on and whether the messages were opened or forwarded), save your password, save your online game or video player settings, enable you to use shopping carts, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Neopet Sites. These Tracking Technologies collect “click stream” data and additional other information regarding your visits to the Neopet Sites (such as your visits to specific webpages, use of features, purchasing history or preferences), may collect such other information across multiple sessions on the Neopet Sites and other websites offered by Knowledge Adventure companies and may also collect your IP address or some other identifier unique to the device you use to access the site (“Identifier”). An Identifier may be automatically assigned to any device you use to access the Neopet Sites. By visiting a Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to set and access Cookies on your device and track your activities and your use of a Site through these Tracking Technologies and Identifiers and that we may use Tracking Technologies in the emails we send to you. The Neopet Sites adhere to the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about the Neopet Sites and online behavioral advertising. Neither Neopets nor Knowledge Adventure behaviorally target advertising to children under 13 on sites that are directed to children or where Neopets or Knowledge Adventure has actual knowledge that a user is under 13. Our Third Party Advertising Service Providers (as defined in Section D) do not have access to Tracking Technologies set by the Neopet Sites except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to other information about you. You have a number of options with respect to the Tracking Technologies set by the Neopet Sites: You can prevent the use of certain Tracking Technologies (other than Flash cookies) by using the controls in your Web browser. To do so, you must complete both of the steps following your browser type below: Internet Explorer Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Google Chrome Delete existing Tracking Technologies through the “Clear Browsing Data...” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Mozilla Firefox Delete existing Tracking Technologies through the “Clear Recent History...” sub-option of the “History” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) You may be able to have the device you use to access the Neopet Sites warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Neopet Sites. Additional information on warnings and removal of warnings may be available through your browser’s support feature. Please note that deleting, rejecting, disabling or turning off Tracking Technologies through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit here. Please be aware that certain areas and features of Neopet Sites can only be accessed in conjunction with Tracking Technologies, and that disabling Tracking Technologies might prevent you from accessing such content. D. Computer Information Collected By Others: Neopets may uses the services of third parties who may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Neopet Sites. Neopet Sites use a variety of third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers, and other third-party service providers (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Neopet Sites, facilitate targeting of advertisements, and measure and analyze advertising effectiveness and/or traffic on the Neopet Sites (“Targeting Services”). These Targeting Services enable us to display advertisements based on your visits to the Neopet Sites and other websites you have visited and may include delivering advertisements or other content for products and services that may interest you. Targeting Services also help prevent you from seeing repeated advertisements and enable us to research the usefulness of certain advertisements. Neopets does not behaviorally target advertising to children under 13 on sites that are directed to children or where Neopets has actual knowledge that a user is under 13. These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Neopet Sites except to the extent necessary to provide services to the Neopet Sites. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on your device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you. In addition, Third Party Advertising Service Providers may collect aggregate log data separately and independently from what the Neopet Sites collect. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not the Neopet Sites. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information and those sites may use the information they collect from you consistent with their own privacy policies, which we encourage you to review. We encourage you to research and direct any of your questions in this regard to these third parties. With respect to the Tracking Technologies set by Third Party Advertising Service Providers and advertisers (and outside the control of the Neopet Sites), you have a number of options: You can opt-out of the use of information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe and DoubleClick by using those Providers’ opt-out tools. You can access Adobe’s tool at http://www.donottarget.com/ and DoubleClick’s at http://www.google.com/intl/en/policies/technologies/ads/. We also may from time to time permit other Third Party Advertising Service Providers and Advertisers to collect Information on the Neopet Sites. Some of these Providers and Advertisers may participate in the Network Advertising Initiative’s Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising . Please click on the links to these tools to learn more about your choices. Please note the following with respect to opting out of Tracking Technologies set by Third Party Advertising Service Providers and advertisers: The opt-out tools discussed above are “cookie based.” This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you opt-out but then use the controls in your browser to delete all Tracking Technologies, you may have to opt-out again, a second time, in order to re-establish your opt-out preferences. Opt-outs are browser-specific. This means, for example, that if you opt out while using Internet Explorer 9, this choice will not affect the collection of information collected by Tracking Technologies when you use Mozilla Firefox on the same device. It also means that opting out on one device will not affect the collection of information by Tracking Technologies on other devices you may use to access the Neopet Sites. You also can prevent the use of certain Tracking Technologies (other than Flash cookies) on a particular device by using the controls in your Web browser. To do so, you must complete both of the following steps: Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and Disable future Tracking Technologies by using the same browser controls. Additional information on disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) You may be able to set the device you use to access the Neopet Sites to warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the device you use to access the Neopet Sites. Additional information on warnings and removal of warnings may be available through your browser’s support feature. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers’ Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers’ Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on the Neopet Sites. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. For more information about Flash cookies and how to remove them from your computer, please visit here. Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit "do-not-track" signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as set forth above, please visit here to view the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described above in Section I(C). E. Contests and Sweepstakes: The Neopet Sites may offer online contests and sweepstakes. To enter these contests and sweepstakes, you may be required to provide your first name and email address and/or additional information required for the management of the contest or sweepstakes. For children under the age of 13, we may collect the child’s e-mail address to enter the child in the contest or sweepstakes, store such child’s email address for the duration of the sweepstakes, and use it for notification if he or she is the winner. For certain contests or sweepstakes on such sites, we may ask for the email address of the child's parent or guardian to inform the parent or guardian of his or her child's entry and give the parent or guardian the option to have the child's entry deleted. F. Electronic Postcards and Messages: Neopet Sites provide users the opportunity to send electronic postcards and “wish lists” of items they want to family or friends, which means we will send, on the user’s behalf, email messages to family and/or friends. To do so, users must provide the email address of the recipient of such electronic postcards or email messages. Users must only provide email addresses of people who they know would be happy to receive such electronic postcards or email messages. Email addresses provided to us for this purpose are used solely to send the requested postcard or email message and are deleted from our system once the postcard or message is sent. In some cases, we may offer users an incentive (e.g., points to be used in an online game) for referring information about products to the user's family or friends. In such cases, we will comply with all applicable legal requirements. Please note that this feature may not be available to users in certain regions or countries. G. Electronic Newsletters: Users can provide their email addresses to receive email newsletters and promotions from Neopets, Knowledge Adventure companies, and our business partners. Users may change their preferences regarding emails at any time through the unsubscribe link in the newsletters or, for certain Neopet Sites, by logging into and changing the preferences for their account. When users to Neopet Sites who are children under the age of 13 years ask to receive our email newsletter(s), they will be asked to provide their first name, email address and the email address of their parent/guardian. We will send the child's parent/guardian a notification email informing them of the child's request to receive by email the newsletter on an ongoing basis and give the parent/guardian the option to have his or her child's information removed from our newsletter database. The link to remove the child’s information will expire approximately 48 hours from the time it is sent, but at any time after receiving this notification email, the child's parent/guardian may request that we stop sending the child the newsletter(s) by following the "unsubscribe" instructions found at the end of any of the newsletter emails. Parents/guardians may at any time review any personally identifiable information collected online about their child. See section V (B) below. When a child provides a parent's/guardian's email address when signing up for newsletter(s), that email address is used to send the notification email message and is subsequently deleted from our system. H. Interactive Features and Services: Some of the Neopet Sites offer interactive features and services, such as message boards, chat rooms, electronic mail services, comment boxes, messaging services, and member profile pages. For a user who is a child under the age of 13 years, we either will obtain the consent of the child’s parent/guardian before allowing the child to use these interactive features and services or will use reasonable technical measures to delete all or virtually all personal information from a child’s postings before they are made public and also delete such information from our records. We use the information collected through interactive features and services to enable you to participate in such features and services. I. Wireless Marketing Services: Consistent with local law, appropriately aged users may have the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and/or wireless devices. To do so, users may be asked to provide their telephone number, email address, carrier’s name, and/or their opinion regarding certain goods and/or services. Users must opt in to receive wireless marketing material from businesses within Neopets and Knowledge Adventure companies through one of the following methods: (a) filling out the registration information on any Neopet Sites’ wireless marketing registration page; or (b) sending a specific word, code or symbol via a text message to a telephone number designated by us in any promotional material. The user may also be asked to confirm his or her acceptance to receive such wireless marketing services. Users that register for wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from the Neopet Sites or Knowledge Adventure companies. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Neopets or Knowledge Adventure companies be responsible for any wireless email or text messaging charges incurred by such user or by a person that has access to a user's wireless device, telephone number, or email address. J. Geolocation Information: We may collect and store information about your geographic location, but we will only collect precise geolocation information sufficient to identify street name and name of a city or town on Neopet Sites that either are directed to users over the age of 13 and only if you enable your computer or mobile device to send us location information. You may be able to change the settings on your computer or mobile device to prevent it from providing us with such information. We use this information, for example, to enable users to take advantage of Site offerings; respond to user’s requests for products, services, and information; manage games; customize the content users see when visiting the Neopet Sites; and to offer users special offers and promotions from Neopet Sites and Knowledge Adventure companies, as well as on behalf of selected third parties offering products, programs or services that we believe may be of interest to our users. By accepting this Privacy Policy and using the applicable Site, you hereby consent to the collection and storage of such geolocation information as described above. K. Financial Information: We collect and use financial information, such as credit card numbers and security codes, for the limited purposes described below. i. Consumer Products: Certain of the Neopet Sites provide pages and/or links to pages offering users who are of legal age to form a binding contract the opportunity to purchase consumer products (the "Shops"). To do so, users need to provide contact, shipping, billing and credit information. These pages may be hosted and operated by a third party that is independent and separate from the Neopet Sites. This third party collects personal information about shop users and may share this information with us. We use this information to process the order and to send order confirmations via email, as well as to send information about products and services of interest and as otherwise required by law. Before providing information on these pages, we encourage you to review the posted privacy policies which govern such third party’s use of your information, as they may differ from ours. ii. Virtual Items/Memberships: Some of the Neopet Sites may offer memberships, online subscriptions and/or virtual items for use in conjunction with the Neopet Sites' games. When you enter into a transaction for a membership, subscription, virtual item or similar transaction, you may be asked to provide the credit card and/or billing information and email address. We will use this information to fulfill your specified requests, as well as to inform you about additional products or service opportunities and as otherwise required by law. Please also see the information regarding payment processors in Section II(B) below. L. Other Data Collection and Use. We collect search query information when users search for information on the Neopet Sites. We also collect information from users when they contact us with questions and comments. We may use this information, along with any of the other information described above, to (i) analyze use of the Neopet Sites and understand and improve our service offerings; (ii) prevent potentially prohibited or illegal activities; and (iii) for any other purposes disclosed to you at the time we collect your information or pursuant to your consent. We may combine information collected through the Neopet Sites with information we collect from other sources (e.g., social media integration services), other Knowledge Adventure company’s sites, offline records or publicly available information). It is your responsibility to provide complete and accurate information and to keep such information up to date. We are not responsible for any problem or liability arising from your failure to do so. II. DISCLOSURE TO THIRD PARTIES. We may share your information with third parties for the limited purposes described below. In the U.S., parents of children under the age of 13 have the option of consenting to the collection and use of their child's personal information without consenting to the disclosure of that information to certain third parties. A. Law Enforcement and Safety. You acknowledge, consent, and agree to the extent legally permissible in your jurisdiction to allow us to access, preserve, and/or disclose the information we collect and/or content you provide to us (including information you may have posted on bulletin boards or internal site communication systems) to a law enforcement agency or other third parties if required to do so by law or with a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use of the respective Neopet Sites; (c) respond to claims that the content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the owners of the Neopet Sites, any user of the Neopet Sites, a third party or the general public. We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others. If you have concerns about the conduct of a particular user, please send an e-mail to privacy@jumpstart.com. This email is not to contact us about the status of your account. B. Agents. Information collected through the Neopet Sites may be transferred, disclosed or shared with third parties engaged by us to handle and deliver certain activities, such as message boards, sweepstakes and contests, e-cards, payment processing, newsletters, and advisory boards, and to perform other technical and processing functions, such as sending postal mail and email, maintaining data integrity, programming operations, user services or technology services. We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information. Some of these agents, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party agents, we encourage users to review their privacy policies and information collection practices. C. Third Parties/Advertisers. Neopets uses the services of third parties who may collect, use or disclose cookie information, IP addresses or other identifiers from devices and/or browsers of users who visit Neopet Sites. Some Neopet Sites partner with outside third parties to provide you with additional content, products, or services that we believe may be of interest. For example, we may partner with a greeting card company, software manufacturer, social media plugin provider, or mobile phone provider to offer you electronic cards, games, social networking, or text messaging services. These partners operate websites and services that are separate and independent from the Neopet Sites and, accordingly, may have their own privacy policies. If you consent or register with one of our partners, that means you grant the Neopet Sites permission to give your registration and other information, including e-mail address, to that third party. If you have identified yourself as residing in the EU, we will not share your email address or other personally identifiable information with third parties for advertising purposes unless you have "opted-in." In addition, Third Party Advertising Service Providers may use their own Tracking Technologies to gather information about you. Please see Section I(D) above for more detailed information regarding such use of Tracking Technologies. For more information on our use of third party advertisers and the self-regulatory principles, please click here. D. Co-Branded Sites and Features Some Neopet Sites offer co-branded services and features, such as events and promotions that we put together with another company ("Co-Branded Partner"). Such services may be hosted on a Site and/or our Co-Branded Partner's website. We may share your information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and affirmatively consent to both the Neopet Sites and our Co-Branded Partner collecting and using the information you provided during registration and/or in connection with the specific co-branded feature for fulfillment, marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner's future use of your information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. E. Knowledge Adventure and Other Affiliated Businesses The Neopet Sites are part of Knowledge Adventure, Inc. Where permitted by law, we may share information we collect about you within the websites of Knowledge Adventure’s companies’ and other affiliated businesses so that we can, for example, provide you with information about products and services that might interest you. F. Business Transfer In the event that assets relating to one or more of the Neopet Sites are transferred or sold to another entity as a result of, for example, a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy, information collected at the Neopet Sites may be transferred to the acquiring company. G. With Your Consent We may otherwise disclose your information pursuant to your consent. III. INTERNATIONAL USERS. Please be aware that by providing us with personal information, you understand and agree that your personal information may be stored on servers located outside your resident jurisdiction; (2) to the extent you are a resident of a country other than the United States, you consent to the storage of such data in the United States for processing by our affiliates in accordance with this Privacy Policy and (3) the Privacy Policy and the collection of information pursuant to the Privacy Policy shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. If you do not consent to the terms of this Privacy Policy, please do not use the Neopet Sites because your use of the Neopet Sites represents your consent. If you have already provided personal information, please contact us about how you would like us to handle such information. IV. SECURITY, STORAGE AND RETENTION OF INFORMATION. The Neopet Sites maintain reasonable technical and organizational steps to help ensure that information collected is secure, including limiting the number of people who have physical access to our database servers and use of electronic security systems and password protections which guard against unauthorized access. The Neopet Sites conduct financial transactions via secured transmissions. We limit access to user’s information to employees and contractors who are authorized for the proper handling of such information, and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We also take reasonable steps to help make sure our third-party agents protect the security of your personal information. However, as with most Internet sites or services, it is possible that third parties may unlawfully access such personal information through a number of means despite our efforts. Information collected at the Neopet Sites will not be stored for longer than is necessary for the purposes described in this Privacy Policy, or to otherwise meet legal requirements. V. ACCESSING AND CORRECTING INFORMATION; TERMINATION OF WIRELESS SERVICES. A. Reviewing Your Information You have the right to access, update and correct factual inaccuracies in personally identifiable information that we collect online at the Neopet Sites, subject to certain exceptions. To do so, you should log into your account or you may e-mail us at privacy@jumpstart.com. To help protect your privacy and the security of your personally identifiable information, we will take reasonable steps to verify your identity before granting access. B. Parental Access Parents/guardians of children under the age of 13 can print out and mail or fax us a signed form that allows them to review any personally identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's personally identifiable information. We will take steps to verify the identity of anyone requesting personally identifiable information about a child and to ensure that the person is in fact the child's parent or legal guardian. C. Termination of Wireless Services If you have registered for wireless services, you may cancel one or more wireless services via your wireless device at any time by using the unsubscribe mechanism provided by the Neopet Sites at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". Neopet Sites will terminate your registration for the most recent wireless service you received. Any of these words followed by the word "ALL" in the user's termination request will cancel all of the user's registered wireless services with the Neopet Sites. If you unsubscribe from one or all of wireless service(s) via your wireless device, the service(s) will be terminated immediately and will cancel your previous opt-in. VI. ONLINE SAFETY. Some of the Neopet Sites offer you and your child an online safety guide which we encourage you to use as starting point for discussing safety and privacy concerns with your child. Of course, involvement in your family’s online lives is the most important safety tool available. Some of the various guides are available by clicking here . VII. LINKS TO THIRD PARTIES. The websites that comprise the Neopet Sites may contain links to other sites, including those of sponsors, advertisers, social networking platforms, and survey companies. These other websites are governed by their own privacy policies or information collection practices, which may be substantially different from ours. We encourage users to other websites to review the privacy policies and information collection practices of those websites. VIII. YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83 permits our users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If at any time you wish to opt out of having your personal information shared with third parties and/or receiving information from us (via e-mail or postal mail) about new products, services, or promotions, you can do so. You may contact us at Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at opt-out@jumpstart.com . Please indicate what publications or services you no longer wish to receive so that we may better address your request. This document is the sole statement of the Neopet Sites' Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid. In interpreting this Agreement, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Privacy Policy in other languages, the Privacy Policy in English governs. IX. CONTACT US If you have any other questions about our information handling practices, including our practices with respect to children's personal information, please contact us at: Knowledge Adventure, Inc., 2377 Crenshaw Blvd., Suite 302, Torrance, CA 90501. You can also contact us by e-mailing us at privacy@jumpstart.com . APPLE INC. MAC SDK AND XCODE AGREEMENT PLEASE READ THIS MAC SDK AND XCODE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE DEVELOPER SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE " BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVELOPER SOFTWARE AND CLICK “DISAGREE”. IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. 1. General. A. The Apple software, tools, utilities, sample or example code, documentation, interfaces, content, data, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media or in any other form, (collectively, the "Developer Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Developer Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. B. Title and intellectual property rights in and to any content displayed by or accessed through the Developer Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. License. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Developer Software on Apple-branded computers to develop and test application and other software. You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. B. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Developer Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple: (i) only one user may use the Developer Software at a time, and (ii) you may not make the Developer Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, sublicense or otherwise redistribute the Developer Software or exploit any services provided by or through the Developer Software in any unauthorized way. C. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Developer Software or any services provided by or through the Developer Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the Open-Sourced Components or Sample Code). D. Sample Code. Certain portions of the Developer Software consist of sample or example code provided by Apple ("Sample Code"). You may use, reproduce, modify and redistribute such Sample Code only in accordance with the licensing terms accompanying such Sample Code or related project(s). E. QuickTime Development Software. You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported OS X and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime. F. Use of System-Provided Images. The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for OS X and iOS ("System-Provided Images") are licensed to you solely for the purpose of developing OS X and iOS applications, respectively, using the Developer Software. Upon termination of this License, you may continue to distribute the System-Provided Images as used within software you developed using the Developer Software; however, you agree to provide to Apple, at Apple's request, a copy of any software you developed using the Developer Software that incorporates any of the System-Provided Images so Apple may determine, in its sole discretion, whether your use of the System-Provided Images complies with these terms. G. Location Services; Consents. 1. Apple may enable you to access certain location-based application programming interfaces (APIs) (e.g., Core Location) documented by Apple (“Location APIs”) through the Developer Software. Subject to these terms and conditions, you may use such APIs and services only to enable software programs you develop for use on OS X (“Applications”) to access location data (e.g. the real-time geographic location of a user’s computer) from users who consent to such access. For Applications that use Location APIs or otherwise provide location-based services, you agree that such Applications may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. For Applications that use Location APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), you must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 2. You agree that neither you nor your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, neither you nor your Applications may collect, transmit, maintain, process or utilize the user's location information or data through the Location APIs. You understand and agree that you and your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving your Application, including but not limited to your Application’s use of the Location APIs. H. Compliance with Laws. You agree to use the Developer Software and the services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Developer Software or services. 3. Transfer. You may make a one-time permanent transfer of all of your license rights to the Developer Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Developer Software, including all its component parts and this License; (b) you do not retain any copies of the Developer Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Developer Software accepts the terms and conditions of this License. You may not transfer any Developer Software that has been modified or replaced under Section 13 below. All components of the Developer Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. 4. Consent to Use of Data. A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Developer Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. B. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/privacy/. 5. Services; Mac Developer Program. A. Apple may provide access to services by or through the Developer Software for you to use. Use of these services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. If you elect to use such services in conjunction with the Developer Software, your usage of such services will be subject to those additional terms and conditions (e.g., your use of Developer IDs obtained from your Apple Developer Program account will be subject to the applicable Apple Developer Program terms for Developer IDs), but this License will continue to apply to your use of the Developer Software licensed hereunder. If you would like to submit Applications you develop to the Mac App Store, then you must apply to join the Mac Developer Program. More information about Apple’s Developer Programs is available at http://developer.apple.com/. Apple reserves the right to refuse admission to any of its Developer Programs at any time in its sole discretion. B. You agree that the services contain proprietary content, information and material that is owned by Apple and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. Except to the extent expressly permitted in the applicable terms for the services, You agree not to reproduce, modify, rent, lease, lend, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the services in any unauthorized way whatsoever, including but not limited to, using the services to transmit any malware, or by trespass or burdening network capacity. C. In addition, services that may be accessed, linked to or displayed by or through the Developer Software may not be available in all languages or in all countries. Apple makes no representation that any such services would be appropriate or available for use in any particular location. Apple reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will Apple be liable for the removal of or disabling of access to any such services or for any updates, maintenance, warranty, technical or other support for such services. Apple may also impose limits or other restrictions on the use of or access to the services, in any case without notice or liability. You acknowledge and agree that Apple reserves the right to revoke or remove your access to any services provided by or through the Developer Software at any time in its sole discretion. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Developer Software is released which is incompatible with this version of the Developer Software. Upon the termination of this License, you shall cease all use of the Developer Software and destroy all copies, full or partial, of the Developer Software. Section 2B, 2C, 4, 5B, and 6 through 13 of this License shall survive any termination. 7. Disclaimer of Warranties. A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVELOPER SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVELOPER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE DEVELOPER SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS DEVELOPER SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. D. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DEVELOPER SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEVELOPER SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVELOPER SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE DEVELOPER SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or re-export the Developer Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Developer Software was obtained. In particular, but without limitation, the Developer Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Developer Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Developer Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 10. Government End Users. The Developer Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Developer Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. The parties hereto confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. 13. Third Party Acknowledgements. A. Certain components of the Developer Software, and third party open source programs included with the Developer Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Developer Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Developer Software. You expressly acknowledge that if failure of or damage to Apple hardware results from modification of the Open-Sourced Components of the Developer Software, such failure or damage is excluded from the terms of the Apple hardware warranty. B. Certain software libraries and other third party software included with the Developer Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Developer Software. C. The Developer Software includes certain software licensed under the IBM Public License Version 1.0 (IPL) or the Common Public License Version 1.0 (CPL). A copy of the source code for the IPL and CPL licensed software may be found in Apple’s Open Source repository. See Apple's Open Source web site (/) for information on how to obtain the source code. THE IPL AND CPL SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EA1056 8/28/2013 HISTORY AND LICENSE HISTORY OF THE SOFTWARE Python was created in the early 1990s by Guido van Rossum at Stichting Mathematisch Centrum (CWI, see http://www.cwi.nl) in the Netherlands as a successor of a language called ABC. Guido remains Python's principal author, although it includes many contributions from others. In 1995, Guido continued his work on Python at the Corporation for National Research Initiatives (CNRI, see http://www.cnri.reston.va.us) in Reston, Virginia where he released several versions of the software. In May 2000, Guido and the Python core development team moved to BeOpen.com to form the BeOpen PythonLabs team. In October of the same year, the PythonLabs team moved to Digital Creations (now Zope Corporation, see http://www.zope.com). In 2001, the Python Software Foundation (PSF, see http://www.python.org/psf/) was formed, a non-profit organization created specifically to own Python-related Intellectual Property. Zope Corporation is a sponsoring member of the PSF. All Python releases are Open Source (see http://www.opensource.org for the Open Source Definition). Historically, most, but not all, Python releases have also been GPL-compatible; the table below summarizes the various releases. Release Derived Year Owner GPL- from compatible? 0.9.0 thru 1.2 n/a 1991-1995 CWI yes 1.3 thru 1.5.2 1.2 1995-1999 CNRI yes 1.6 1.5.2 2000 CNRI no 2.0 1.6 2000 BeOpen.com no 1.6.1 1.6 2001 CNRI no 2.1 2.0+1.6.1 2001 PSF no 2.0.1 2.0+1.6.1 2001 PSF yes 2.1.1 2.1+2.0.1 2001 PSF yes 2.1.2 2.1.1 2002 PSF yes 2.1.3 2.1.2 2002 PSF yes 2.2 and above 2.1.1 2001-now PSF yes Note: GPL-compatible doesn't mean that we're distributing Python under the GPL. All Python licenses, unlike the GPL, let you distribute a modified version without making your changes open source. The GPL-compatible licenses make it possible to combine Python with other software that is released under the GPL; the others don't. Thanks to the many outside volunteers who have worked under Guido's direction to make these releases possible. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING PYTHON PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2 1. This LICENSE AGREEMENT is between the Python Software Foundation ("PSF"), and the Individual or Organization ("Licensee") accessing and otherwise using this software ("Python") in source or binary form and its associated documentation. 2. Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF's License Agreement and PSF's notice of copyright, i.e., "Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 Python Software Foundation; All Rights Reserved" are retained in Python alone or in any derivative version prepared by Licensee. 3. In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python. 4. PSF is making Python available to Licensee on an "AS IS" basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 6. This License Agreement will automatically terminate upon a material breach of its terms and conditions. 7. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 8. By copying, installing or otherwise using Python, Licensee agrees to be bound by the terms and conditions of this License Agreement. BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0 BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1 1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the Individual or Organization ("Licensee") accessing and otherwise using this software in source or binary form and its associated documentation ("the Software"). 2. Subject to the terms and conditions of this BeOpen Python License Agreement, BeOpen hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that the BeOpen Python License is retained in the Software, alone or in any derivative version prepared by Licensee. 3. BeOpen is making the Software available to Licensee on an "AS IS" basis. BEOPEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, BEOPEN MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 4. 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No addition to or removal or modification of any of the provisions of this Agreement will be binding upon Apple unless made in writing and signed by an authorized representative of Apple. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EA1283 6/8/15 Apple Inc. Xcode and Apple SDKs Agreement PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE APPLE SOFTWARE OR APPLE SERVICES. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPLE. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CLICK THE “AGREE” BUTTON. 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Definitions Whenever capitalized in this Agreement: “Agreement” means this Xcode and Apple SDKs Agreement. “Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A. “Apple Developer Program License Agreement” means a separate agreement that may be entered into between You and Apple regarding the development and submission of Applications to the App Store for approval and digital signing by Apple, development of libraries for iOS, watchOS, and/or tvOS, and the use of Apple services such as the Apple Push Notification Service, In-App Purchase, and iCloud, among other things. “Apple Maps Service” means the mapping platform and Map Data provided by Apple via the MapKit API (which is the documented API that enables You to add mapping features or functionality to Applications). “Apple Services” or “Services” means the developer services that Apple provides to You under this Agreement solely for use with Your Applications and not for use by You as an end-user (e.g., Game Center, Apple Maps Service, any Apple-certificate issuance services, etc.), including any Updates thereto (if any) that may be provided to You by Apple. “Apple Software” means the Xcode Developer Tools and the Apple SDKs, including any Updates thereto (if any) that may be provided to You by Apple. “Apple SDKs” means the macOS SDK, and the Apple-proprietary Software Development Kits (SDKs) provided hereunder, including but not limited to header files, APIs, libraries, simulators, and software (source code and object code) labeled as part of the iOS SDK, watchOS SDK and/or tvOS SDK and included in the Xcode Developer Tools package for purposes of targeting Apple-branded products running iOS, watchOS, or tvOS. “Application” means a software program (including extensions and media that are enclosed in a single software bundle) developed by You hereunder, for use under Your own name, trademark or brand, and specifically for use on Apple-branded products running macOS, iOS, watchOS, tvOS, as applicable, including new releases and new versions of such software program, but excluding libraries for iOS, watchOS, or tvOS applications. For clarity, the term Application as used in this Agreement excludes libraries that are for use in Applications designed for iOS, watchOS, or tvOS. Such libraries can be developed by You only under the terms of the Apple Developer Program License Agreement. “Authorized Developers” means Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty, staff and students, who: (a) have a demonstrable need to know or use the Apple Software or Apple Services in order to develop and test Applications, and (b) to the extent they will access Apple Confidential Information, have written and binding agreements with You that prohibit the unauthorized use and disclosure of such confidential information. “Authorized Test Units” means Apple-branded hardware units owned or controlled by You that have been designated by You for Your own testing and development purposes, and, if You permit, Apple-branded hardware units owned or controlled by Your Authorized Developers so long as such units are used for testing and development purposes on Your behalf and only as permitted hereunder. “Documentation” means the technical or other specifications or documentation that Apple may provide to You for use in connection with the Apple Software, Apple Services, Apple certificates, or as otherwise provided hereunder. “FOSS” (Free and Open Source Software) means any software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, including without limitation software distributed under the GNU General Public License or GNU Lesser/Library GPL. “macOS SDK” means the Apple-proprietary Software Development Kits (SDKs) provided hereunder, including but not limited to header files, APIs, libraries, simulators, and software (source code and object code) labeled as part of the macOS SDK and included in the Xcode Developer Tools package for purposes of targeting Apple-branded products running macOS. “Map Data” means any content, data or information provided through the Apple Maps Service including, but not limited to, imagery, terrain data, latitude and longitude coordinates, transit data, points of interest and traffic data. “Program Requirements” mean the technical, human interface, design, product category, security, performance, and other criteria and requirements for Applications specified by Apple in the Apple Developer Program License Agreement. “Provisioning Profiles” means the time-limited files (including applicable entitlements, certificates or other identifiers) that may be provided by Apple for use by You in connection with Your Application development and testing. “Updates” means bug fixes, updates, upgrades, modifications, enhancements and supplements to the Apple Software or Apple Services, and any new releases or versions thereof. “Xcode Developer Tools” means the Apple-proprietary development platform, including but not limited to software tools, compilers, sample code, Documentation, programming languages, and overall design package provided by Apple hereunder, excluding the Apple SDKs. “You” or “Your” means the person(s) or entity using the Apple Software or Services or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company, organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refers to your company, organization, educational institution or agency, instrumentality, or department of the federal government as well. 2. Internal Use License and Restrictions 2.1 Authority to Enter into Agreements You certify to Apple that You have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement. Further, You agree to comply with the terms of and fulfill Your obligations under this Agreement, including obtaining any required consents for Your Authorized Developers’ use of the Apple Software and Services (e.g., as part of Your Applications), and You agree to monitor and be fully responsible for all such use by Your Authorized Developers and their compliance with the terms of this Agreement. You acknowledge that You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and Your Authorized Developers in connection with the Apple Software and Apple Services, Your Applications and Your related development and limited distribution efforts. 2.2 Permitted Uses and Restrictions Subject to the terms and conditions of this Agreement, Apple hereby grants You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable, non-transferable, and internal use license to: A. Install a reasonable number of copies of the Apple Software on Apple-branded computers that are owned or controlled by You to be used internally by You or Your Authorized Developers only as follows: (i) You may use the Xcode Developer Tools to test and develop application and other software; (ii) You may use the macOS SDKs to test and develop application and other software; (iii) You may use the Apple SDKs (excluding the macOS SDK) solely to test and develop Applications that are specifically for use with the applicable Apple-branded products for which the SDK is targeted, unless otherwise permitted by Apple in writing; and (iv) You may use the Apple Services solely to test and develop Applications that are specifically for use on Apple-branded products, unless otherwise permitted by Apple in writing. Except as otherwise expressly set forth in Section 2.2.B., You may not distribute any Applications developed using the Apple SDKs (excluding the macOS SDK) absent entering into a separate written agreement with Apple. B. Use Provisioning Profiles to install Your Applications onto a reasonable, limited number of Authorized Test Units solely for use by You and/or Your Authorized Developers and only for internal testing and development of Your Applications, or for Your own personal, non-commercial use. Apple reserves the right to limit the number of Authorized Test Units that You may provision for iOS, watch OS, and tvOS as well as the number of Authorized Developers (and Apple IDs) that You may register with the Apple Software for such provisioning. You agree to be solely responsible for determining which Authorized Developers in Your company or organization should have access to and use of Your Applications and such Authorized Test Units. You agree to clearly inform Your Authorized Developers that Your Applications that are deployed using Your Provisioning Profiles are to be used only by them (and not by any third parties) and are solely for use for internal testing and development purposes on Your behalf. You will be responsible for attaching or otherwise including, at Your discretion, any relevant usage terms for such Applications. Apple will not be responsible for any violations of Your usage terms. You will be solely responsible for all user assistance, warranty and support of Your Applications that are deployed by You under this Agreement. 2.3 Apple IDs You agree to register only a reasonable number of Apple IDs in the Apple Software and Apple Services for deployment and provisioning purposes. You agree to ensure that such Apple IDs are associated with You or Your Authorized Developers. You agree that all information provided to Apple by You or Your Authorized Developers in obtaining such Apple IDs or entering them into the Apple Software or Services will be current, true, accurate, supportable and complete. You agree not to fraudulently misrepresent or improperly acquire more Apple IDs than are necessary for Your own reasonable testing and development purposes. You understand that Apple may disable Your right to use Apple IDs within the Apple Software or may revoke Your Provisioning Profiles at any time in its sole discretion (e.g., if Apple suspects fraudulent or malicious activity with Your use of the Apple Software or Services). 2.4 Apple Developer Program If You would like a third-party to use Your Application for iOS, watchOS or tvOS, or You would like to distribute Your Application for macOS through the App Store, then You must enter into a separate written agreement with Apple (the Apple Developer Program License Agreement) and Your Application must comply with the Program Requirements and Documentation. Information regarding the Program Requirements is available at: http://developer.apple.com/programs/ios/information/index.html. Apple reserves the right to change the Program Requirements and/or the terms of the Apple Developer Program License Agreement from time to time. You are fully responsible for any and all costs, expenses or other liabilities You may incur as a result of Your development or use of the Apple Software or Services. For clarity, macOS applications and libraries may be distributed without entering into a separate written agreement with Apple so long as such applications and libraries comply with the terms of this Agreement. 2.5 Copies You agree to retain and reproduce in full the Apple copyright, disclaimers and other proprietary notices in all copies of the Apple Software that You are permitted to make under this Agreement. For clarity, You may copy only the entire package or piece of the Apple Software and Services in its entirety and only for use as permitted herein. You may not alter the Apple Software or Services in any way in such copy, e.g., You are expressly prohibited from separately using the Apple SDKs or attempting to run any part of the Apple Software on non-Apple-branded hardware. 2.6 Ownership Apple retains all rights, title, and interest in and to the Apple Software and Apple Services. The parties acknowledge that this Agreement does not give Apple any ownership interest in Your Applications. 2.7 Restrictions; No Other Permitted Uses The grants set forth in this Agreement do not permit You to, and You agree not to, install, use or run the Apple Software or Apple Services on any non-Apple-branded computer or device, or to enable others to do so. This Agreement does not allow the Apple Software or Services to be made available over a network where they could be run or used by multiple computers at the same time, unless otherwise expressly permitted in writing by Apple. Further, unless otherwise expressly permitted by Apple in writing, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Apple Software and Apple Services, in whole or in part, or to enable others to do so. You may not use the Apple Software and Apple Services for any purpose not expressly permitted by this Agreement. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Apple Software or Services, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law, or to the extent as may be permitted by licensing terms governing use of open-sourced components or sample code included with the Apple Software). You agree not to exploit the Apple Services or Apple Software in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. Further, as a condition to using the Apple Software and Apple Services, You agree that You will not, directly or indirectly, commit any act intended to interfere with the Apple Software or Apple Services. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by Apple, by implication or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to Apple, including but not limited to the iPhone or iPod word marks. If You make reference to any Apple products or technology or use Apple’s trademarks, You agree to comply with the guidelines at: http://www.apple.com/legal/trademark/guidelinesfor3rdparties.html, as modified by Apple from time to time. 2.8 Updates; No Support or Maintenance Apple may extend, enhance, or otherwise modify the Apple Software and Apple Services at any time without notice, but Apple is not obligated to provide You with any Updates to the Apple Software and Apple Services. If Apple makes Updates available, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. Apple is not obligated to provide any maintenance, technical or other support for the Apple Software and Apple Services. You acknowledge that Apple has no express or implied obligation to announce or make available any Updates of the Apple Software and Apple Services to anyone in the future. Should an Update be made available, it may have APIs, features, services or functionality that are different from those found in the Apple Software and Apple Services licensed hereunder. 2.9 Use of Apple Services in Your Applications Apple may provide access to Apple Services that Your Applications may call through APIs in the Apple Software and/or that Apple makes available to You through other mechanisms, e.g., through the use of keys that Apple may make accessible to You through the Apple Software or Apple Services. You agree to access such Apple Services only through the mechanisms provided by Apple for such access and only for use on Apple-branded products. Except as expressly permitted by Apple in writing, You agree not to share access to mechanisms provided to You by Apple for the use of Apple Services with any third party. Further, You agree not to create or attempt to create a substitute or similar service through use of or access to the Apple Services. You agree to access and use such Services only as necessary for providing services and functionality for Your Applications that are eligible to use such Services and only as permitted by Apple in writing, including in the Documentation. You may not use the Apple Services in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Apple, or that violates any applicable laws or regulations. You agree that the Apple Services contain proprietary content, information and material owned by Apple and its licensors, and protected by applicable intellectual property and other laws. You may not use such proprietary content, information or materials in any way whatsoever, except for the permitted uses of the Apple Services under this Agreement, or as otherwise separately and expressly permitted by Apple in writing. You acknowledge that there may be storage capacity, transmission, and/or transactional limits for the Apple Services both for You as a developer and for Your Authorized Developers. If You reach or Your Authorized Developers reach such limits, then You or Your Authorized Developer may be unable to use the Apple Services or may be unable to access or retrieve data from Your Applications or through the applicable end-user accounts. You agree not to charge any fees to Your Authorized Developers solely for access to or use of the Apple Services through Your Application or for any content, data or information provided therein, and You agree not to sell access to the Apple Services in any way. Apple Services may not be available in all languages or in all countries, and Apple makes no representation that any such Services would be appropriate, accurate or available for use in any particular location or product. To the extent You choose to use the Apple Services with Your Applications, You do so at Your own initiative and are responsible for compliance with any applicable laws. Apple reserves the right to change, suspend, deprecate, remove, limit, or disable access to the Apple Services, or any part thereof, at any time without notice (including revoking entitlements or changing any APIs in the Apple Software that enable access to the Services). In no event will Apple be liable for the removal of or disabling of access to any of the foregoing. Apple may also impose limits and restrictions on the use of or access to the Apple Services, may remove the Apple Services for indefinite time periods, may revoke Your access to the Apple Services, or may cancel the Apple Services (or any part thereof) at any time without notice or liability to You and in its sole discretion. Apple does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by any Apple Services. You are responsible for Your use of the Apple Software and Apple Services, and if You use such Services to store any content, data, or information, then it is Your responsibility to maintain appropriate alternate backup of all Your content, information, and data. You understand and agree that You may not be able to access certain Apple Services upon expiration or termination of this Agreement and that Apple reserves the right to suspend access to or delete content, data or information that You have stored through Your use of such Services provided hereunder. You should review the Documentation and policy notices posted by Apple prior to using any Apple Services. Certain Apple Services may not be made available for Applications on all Apple-branded products and may not be made available to all developers. Apple reserves the right to not provide (or to cease providing) the Apple Services to any or all developers at any time in its sole discretion. 2.10 Xcode Server If You access the Xcode Server feature of the Apple Software (e.g., via the command line tools), then You may use the Xcode Server feature for Your own personal use or within Your company or organization, but solely for Your own internal testing and development purposes. You may not provide a service to any other party that integrates with or leverages services or information provided by Xcode Server or uses the Xcode Server feature in any way. As a condition of using the Xcode Server feature of the Apple Software, You represent and warrant to Apple that You (and any user of a client-computer that You permit to access Xcode Server on Your behalf) are appropriately licensed to use the applicable services, features or functionality of the Xcode Developer Tools, the Apple SDKs and/or the Apple Developer Program account and associated resources accessed through Xcode Server (e.g., anyone attempting to gain access to Your Apple Developer certificates stored on Xcode Server must be a member of Your paid Apple Developer Program account team). You agree to monitor and will be responsible for all such use by any user of a client-computer that You permit to access Xcode Server and their compliance with the terms of this Agreement and other applicable license agreements. 2.11 QuickTime Development Software You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported macOS and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime. 2.12 System-Provided Images The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for iOS, watchOS, tvOS, and/or macOS (“System-Provided Images”) are licensed to You solely for the purpose of developing Applications for Apple-branded products that run on the system for which the image was provided. Upon termination of this Agreement, You may continue to distribute the System-Provided Images as used within Applications You developed using the Apple Software. 2.13 Additional Restrictions for Applications A. Use of the Apple Maps Service; Location If Your Application uses or accesses the Map Kit API from a device running iOS version 6 or later, Your Application will access and use the Apple Maps Service. All use of the Map Kit API and Apple Maps Service must be in accordance with the terms of this Agreement, and You agree that the Apple Maps Service is solely for use by Applications running on Apple-branded products. Your Application may use the MapKit API only to access the Apple Maps Service and/or Map Data in Your Applications (except as otherwise set forth below). As part of such access to the Apple Maps Service and/or Map Data through the MapKit API: -  Your Application must not remove, obscure or alter Apple’s or its licensors’ copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Apple Maps Service; -  You must not use the Apple Maps Service in any manner that enables or permits bulk downloads or feeds of the Map Data, or any portion thereof, or that in any way attempts to extract, scrape or reutilize any portions of the Map Data. For example, neither You nor Your Application may use or make available the Map Data, or any portion thereof, as part of any secondary or derived database; - Your Application may display the Map Data only as permitted herein, and when displaying it on a map, You agree that it will be displayed only on an Apple map provided through the Apple Maps Service; - Except to the extent expressly permitted herein, You agree not to copy, modify, translate, create a derivative work of, publish or publicly display the Map Data in any way. Further, You may not use or compare the data provided by the Apple Maps Service for the purpose of improving or creating another mapping service; - Unless otherwise expressly permitted in the MapKit Documentation for the Apple Maps Service, Map Data may not be cached, pre-fetched, or stored by You or Your Application, other than on a temporary and limited basis solely to improve the performance of the Apple Maps Service with Your Application; - You acknowledge and agree that results You may receive from the Apple Maps Service may vary from actual conditions due to variable factors that can affect the accuracy of Map Data, such as road or weather conditions; and - If Your Application accesses the MapKit API from a device running iOS version 5 or earlier, Your Application will access and use only the Google Mobile Maps (GMM) service. Such use of the GMM is subject to the following terms: http://code.google.com/apis/maps/terms/iPhone.html. If You do not accept such terms, You may not use the GMM service in Your Application, and You acknowledge and agree that such use will constitute Your acceptance of such terms. Applications that use location-based APIs (e.g., Core Location, MapKit API) or otherwise provide location-based services may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes.  Map Data and other location data provided by Apple is not intended to be relied upon in situations where precise location information is needed or where erroneous, delayed, non-existent, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.  If You choose to provide Your own location-based service, data and/or information in conjunction with the Apple maps provided through the Apple Maps Service (e.g., overlaying a map or route You have created on top of an Apple map), You are solely responsible for ensuring that Your service, data and/or information correctly aligns with any Apple maps used. For Applications that use location-based APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), You must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. Further, any Applications that offer location-based services or location-based functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. B. Use of the HealthKit APIs and the HomeKit APIs You may use the HealthKit APIs only for internal testing and development purposes for Your Application. Your Application must not access the HealthKit APIs unless it is primarily designed to provide health and/or fitness services. You must not use the HealthKit APIs, or any information obtained through the HealthKit APIs, to disclose or provide an end-user’s health and/or fitness information to any third party and may only use such APIs for internal testing and development purposes for Your Application. If Your Application accesses NikeFuel points information through the HealthKit APIs, then Your use of the NikeFuel points information is subject to the NikeFuel points terms of service set forth at: https://developer.nike.com/healthkit/nikefuel-use-agreement.html. If You do not accept such NikeFuel points terms of service, including, but not limited to all limitations and restrictions therein, You may not use such NikeFuel points information in Your Application, and You acknowledge and agree that such use will constitute Your acceptance of such terms of service. You may use the HomeKit APIs only for internal testing and development purposes for Your Application. Your Application must not access the HomeKit APIs unless it is primarily designed to provide home configuration or home automation services (e.g., turning on a light, lifting a garage door) for hardware accessories licensed under Apple’s MFi Program. You agree not to use the HomeKit APIs for any purpose other than interfacing, communicating, interoperating with or otherwise controlling hardware accessories licensed under Apple’s MFi Program or for using the HomeKit database, and then only for home configuration or home automation purposes in connection with Your Application. Your Application may use information obtained from the HomeKit APIs and/or the HomeKit database only on an Apple-branded product running iOS. You agree not to export, remotely access, or transfer such information off such device (e.g., a lock password cannot be sent off an end-user’s device to be stored in an external non-Apple database). C. Compliance with Laws You agree that neither You nor Your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like. You understand and agree that You and Your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which Your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving Your Application. You agree not to use the Apple Software and Services for any unlawful or illegal activity, nor to develop any Application that would commit or facilitate the commission of a crime, or other tortious, unlawful, or illegal act. You agree that, to the best of Your knowledge and belief, Your Applications will not violate, misappropriate, or infringe any Apple or third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Application). Further, You agree not to use the Apple Software or Apple Services to create any Application or other software program that would disable, hack or otherwise interfere with any security, digital signing, digital rights management, content protection, verification or authentication mechanisms implemented in or by the Apple Software or the Apple Services, or by other Apple software, services or technology, or enable others to do so, unless otherwise permitted by Apple in writing. Applications must not contain any malware, malicious or harmful code, program, or other internal component (e.g. computer viruses, trojan horses, “backdoors”) and may not use any Apple Software or services in a way that could damage, destroy, or adversely affect Apple hardware, software or services, or any other software, firmware, hardware, data, systems, services, or networks. If Your Application includes any FOSS, You agree to comply with all applicable FOSS licensing terms, and You agree not to use any FOSS in the development of Your Application in such a way that would cause the non-FOSS portions of the Provisioning Profiles, Apple Software, Services, or any Apple-issued certificates to be subject to any FOSS licensing terms or obligations. 3. Pre-Release Software and Services Note: This Agreement applies to both the commercial release versions of the Apple Software and pre-release versions of the Apple Software, as applicable. You should review the release notes provided with the Apple Software if You are uncertain about Your confidentiality obligations or visit developer.apple.com for more information about pre-release versions. 3.1 Using Pre-Release Apple Software and Services Pre-release versions of the Apple Software or Apple Services should not be relied upon to perform in the same manner as a final-release, commercial-grade product, nor should they be used with data that is not sufficiently and regularly backed up. The pre-release Apple Software and Apple Services may contain inaccuracies or errors that could cause failures or loss of data and may be incomplete. You should back up Your data prior to using any pre-release Apple Software and Apple Services and not rely on them to perform in the same way as a commercial release of the Apple Software and Services. 3.2 Confidentiality You agree that pre-release versions of the Apple Software and Apple Services (including pre-release Documentation) will be deemed “Apple Confidential Information”; provided however that upon the commercial release of the Apple Software and Apple Services, such pre-release versions of the Apple Software and Apple Services will no longer be confidential. Notwithstanding the foregoing, Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of Yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by You without the use of any Apple Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to You without limitation, or (v) any FOSS included in the Apple Software and Apple Services and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such FOSS. Further, Apple agrees that You will not be bound by the foregoing confidentiality terms with regard to technical information about pre-release Apple Software or Apple Services disclosed by Apple at WWDC (Apple’s Worldwide Developers Conference), except that You may not post screen shots of, write public reviews of, or redistribute any pre-release Apple Software or Services. You agree to protect Apple Confidential Information using at least the same degree of care that You use to protect Your own confidential information of similar importance, but no less than a reasonable degree of care. You agree to use Apple Confidential Information solely for the purpose of exercising Your rights and performing Your obligations under this Agreement and agree not to use Apple Confidential Information for any other purpose, for Your own or any third party’s benefit, without Apple's prior written consent. You further agree not to disclose or disseminate Apple Confidential Information to anyone other than: (i) Authorized Developers; or (ii) as otherwise agreed or permitted in writing by Apple. You may disclose Apple Confidential Information to the extent required by law, provided that You take reasonable steps to notify Apple of such requirement before disclosing the Apple Confidential Information and to obtain protective treatment of the Apple Confidential Information. You acknowledge that damages for improper disclosure of Apple Confidential Information may be irreparable; therefore, Apple is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies. 4. Indemnification To the extent permitted by applicable law, You agree to indemnify, defend and hold harmless Apple, its directors, officers, employees, independent contractors and agents (each an “Apple Indemnified Party”) from any and all claims, losses, liabilities, damages, expenses and costs (including without limitation attorneys' fees and court costs) (collectively “Losses”) incurred by an Apple Indemnified Party as a result of Your breach of this Agreement, a breach of any certification, covenant, representation or warranty made by You in this Agreement, any claims that Your Applications violate or infringe any third party intellectual property or proprietary rights, or otherwise related to or arising from Your use of the Apple Software and Apple Services, Your Applications, Your development of Applications, or Your loading of Applications and limited distribution as permitted hereunder. You acknowledge that the Apple Software and Apple Services is not intended for use in the development of Applications in which errors or inaccuracies in the content, functionality, services, data or information provided by the Application or the failure of the Application could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each Apple Indemnified Party from any Losses incurred by such Apple Indemnified Party by reason of any such use. In no event may You enter into any settlement or like agreement with a third party that affects Apple's rights or binds Apple in any way, without the prior written consent of Apple. 5. Term and Termination The license to use this version of the Apple Software and Apple Services is effective until terminated as set forth herein. This Agreement and all rights under this Agreement will terminate automatically or cease to be effective without notice from Apple if You or any of Your Authorized Developers fail to comply with any term(s) of this Agreement. All rights hereunder in any beta or pre-release versions of the Apple Software for a particular release will terminate upon the commercial release of such Apple Software. Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the Apple Software and Apple Services and erase and destroy all copies, full or partial, of the Apple Software and Apple Services and all copies of Apple Confidential Information in Your and Your Authorized Developers' possession or control. At Apple’s request, You agree to provide written certification of such destruction to Apple. Apple reserves the right to revoke, disable or suspend any Provisioning Profiles or any access to the device deployment and provisioning features of the Apple Software and Services at any time, in its sole discretion. By way of example, Apple may do this if Apple has reason to believe that Apple IDs were fraudulently obtained, that an unreasonable number of devices have been entered into the Apple Software, and/or that the Services are being used in a fraudulent, suspicious, or improper manner. The following terms shall survive termination: Section 1, the last sentence of Section 2.1, the last two sentences of Section 2.2B., the second to last sentence of Section 2.4, Section 2.6, Section 2.7, the last sentence of 2.12, and Sections 3, 4, 5, 6, 7, and 8. Apple will not be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy Apple may have, now or in the future. 6. NO WARRANTY A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND APPLE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND APPLE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND APPLE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND APPLE SERVICES, THAT THE APPLE SOFTWARE AND APPLE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE AND APPLE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE APPLE SOFTWARE AND APPLE SERVICES WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE AND APPLE SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE PRODUCTS OR SOFTWARE. INSTALLATION OF THIS APPLE SOFTWARE AND USE OF THE APPLE SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES AS WELL AS OTHER APPLE PRODUCTS OR SERVICES. D. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND APPLE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR APPLE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE AND APPLE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 7. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE APPLE SOFTWARE AND APPLE SERVICES, OR YOUR DEVELOPMENT EFFORTS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to You under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). 8. General Legal Terms 8.1 Third Party Notices Portions of the Apple Software and Apple Services utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software and Apple Services, and Your use of such material is governed by their respective terms. Further, certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. 8.2 Consent to Collection and Use of Data A. Diagnostic and Usage Data - If You are running a pre-release version of the Apple Software and Services, then unless You opt out of diagnostic and usage collection, You agree that Apple and its subsidiaries and agents will collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about Your computer, system and application software, and peripherals, that is gathered periodically and automatically as part of the pre-release seeding process to test, provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to You (if any) related to the Apple Software, and to verify compliance with the terms of this Agreement. - If You are running a commercial version of the Apple Software and Services, then if You choose to allow diagnostic and usage collection, You agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about Your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to You (if any) related to the Apple Software, and to verify compliance with the terms of this Agreement. - You may change Your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting in Your system software and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, so long as it is collected in a form that does not personally identify You, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, so long as the diagnostic information is in a form that does not personally identify You. B. Device Provisioning Data In order to set up and use the device provisioning, account authentication, and deployment features of the Apple Software and Services, certain unique identifiers for Your computer, iOS devices, watchOS devices, tvOS devices, and account information may be needed. These unique identifiers may include Your email address, Your Apple ID, a hardware identifier for Your computer, and device identifiers entered by You into the Apple Software for Apple-branded products running iOS, watchOS, or tvOS. Such identifiers and information may be logged in association with Your interaction with the Service and Your use of these features and the Apple Software and Services. By using the Apple Software or Services, You agree that Apple may transmit, collect, maintain, process and use these identifiers and information for the purpose of providing the Apple Software and Services, including using such identifiers for account verification and anti-fraud measures. If You do not want to provide this information, do not use the device deployment and provisioning features of the Apple Software or Services. C. Privacy Policy At all times Your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 8.3 Severability; Waiver If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable law prohibits or restricts You from fully and specifically complying with the Sections of this Agreement entitled “Internal Use License and Restrictions” or prevents the enforceability of either of those Sections, this Agreement will immediately terminate and You must immediately discontinue any use of the Apple Software and Apple Services as described in the Section entitled “Term and Termination.” Failure by Apple to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Agreement. 8.4 Export Control You may not use, export, re-export, import, sell or transfer the Apple Software and Apple Services except as authorized by United States law, the laws of the jurisdiction in which You obtained the Apple Software and Apple Services, and any other applicable laws and regulations. In particular, but without limitation, the Apple Software and Apple Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software and Apple Services, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Apple Software and Apple Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons. 8.5 Government End Users The Apple Software and Apple Services and Documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 8.6 Dispute Resolution; Governing Law Any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software and/or Apple Services will take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Notwithstanding the foregoing, the following shall apply as exceptions to You, but solely to the limited extent that You are entering into this Agreement for the sole purpose of acting on behalf of Your entity: A. If You (as an entity entering into this Agreement) are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 4 (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority; B. If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution, then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) in which Your educational institution is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation or other dispute resolution between You and Apple arising out of or relating to this Agreement, the Apple Software and Apple Services, or Your relationship with Apple will take place in federal court within the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of and exclusive venue of such District unless such consent is expressly prohibited by the laws of the state in which Your educational institution is domiciled; and C. If You (as an entity entering into this Agreement) are an international, intergovernmental organization that has been conferred immunity from the jurisdiction of national courts through Your intergovernmental charter or agreement, then any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The place of arbitration shall be London, England; the language shall be English; and the number of arbitrators shall be three. Upon Apple’s request, You agree to provide evidence of Your status as an intergovernmental organization with such privileges and immunities. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 8.7 Entire Agreement; Governing Language This Agreement constitutes the entire agreement between the parties with respect to the use of the Apple Software and Apple Services licensed hereunder and supersedes all prior understandings regarding such subject matter. Notwithstanding the foregoing, to the extent that You have entered into the Apple Developer Program License Agreement (PLA) with Apple and are validly licensed by Apple to exercise additional rights, or to use additional features or functionality of the Apple Software or Apple Services under the PLA, You acknowledge and agree that the PLA shall govern Your use of such additional rights and privileges. No amendment to or modification of this Agreement will be binding unless in writing and signed by Apple.  The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EA1421 8/24/16 ATTENTION! If you create a personalized page, go to your personal page or pages of any other licensees in the social network "Odnoklassniki", or download or copy ANY positioned therein CONTENT THAT YOU WILL AKTSEPTUETE THIS LICENSE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS OF ANY LIMITATIONS-or. This license agreement ( "Agreement") governs the relationship between LLC "Meyl.Ru", hereinafter referred to as "Licensor" and you, the Licensee The Social Network (the "Licensee"), regarding the use of social networks. 1. Terms used in this Agreement . 1.1 The Social Network - social network, known as posted on the Internet site "Odnoklassniki" at: (ok.ru or odnoklassniki.ru), the Site and available through the Site Licensee, mobile site, applications, and other resources sum of the following results of intellectual activity: 1) a computer program, and generated her audiovisual display (including its constituent graphics and user interface) allows licensees with access to the World Wide Web to create a personal page and get acquainted with the personalized pages of other licensees, implement contextual search information about other licensees , exchange private messages with other licensees, create groups and communities and join existing groups and communities, post, copy and upload personal photos and other PC content, use the other functions listed on the site; 2) the database in the form of aggregate data and content posted licensors and licensees on the Site, including the creation and filling of personal pages or through Personal Pages; Handling and maintenance of social networks, including the provision of access to it, as well as technical and organizational support, is carried out exclusively by the Licensor and at no charge. Participation Licensees in the social network takes place in an interactive (online) mode by connecting the Licensee through a worldwide network of the Internet to the Site. The licensor is the owner of the necessary volume of the right to social network as a computer program and all its constituent parts taken both individually and collectively, as well as audiovisual elements generated by it, with the exception of content that is not posted on a social network Licensor rights elements of which may belong to third parties. The Licensor is entitled to exercise the use, handling and distribution of social networks in their respective territories where it provides its use, handling and distribution. . 1.2 The Licensor - Limited Liability Company "Meyl.Ru", which gives the right to the use of social networks as a computer program under the terms of a non-exclusive license, the licensee and provides communication to the public, distribution, operation, maintenance, administration, Social Network. In terms of this Agreement, the Licensor grants the right to use social networks and access licensees to the Social Network and its additional functionality. The Licensor is a party to this Agreement. . 1.3 The Licensee - physical person with the necessary legal capacity to enter into this Agreement, which is a social network and that, in accordance with this Agreement shall be entitled to use the social network under this Agreement within. Licensee is a party to this Agreement; 1.4. Content - featured in The Social Network design elements, illustrations, graphics, photos, scripts, texts, videos, music, sounds and other items that are the result of intellectual activity or non-Parties, the rights to which belong to licensors, licensees or other persons . . 1.5 Applications - posted on a social network licensor or with his consent by third party computer programs (games, electronic services, etc.) or elements which may be used by Licensee in addition to the basic functions of social networks to create personal pages, exchange of personal messages with other licensees, search for information about other licensees, creating groups and communities, and accession to, placement, copying and downloading content. Licensee's use of the Application is not a condition for the use of basic social networking features. Using functional applications it can be driven by the need to acquire the right to use additional functionality Social Network. . Personal Page 1.6 - Social Network, containing part of the information posted in the account of Licensee (including, at the request of the Licensee, Licensee photos, information about friends, statuses, groups, communities, etc.) are available for inspection any other licensee. Personal page used by Licensee for personal messaging, the addition of other Licensees to friends and perform other actions. . 1.7 Licensee Account (Account) - account Licensee record created at the time of registration in a social network, allowing the Licensor to identify (authenticate) each Licensee with a unique username and password. Username and password to access the account are determined independently by the Licensee for registration in a social network, and they can be modified in the manner described in this Agreement or the "Help" section of the Site. . 1.8 Private messages - e-mails sent by one licensee to another, and are not available for review to other persons, the sending and receiving of which is carried out with the use of Licensee's Personal Page. . 1.9 Additional Functionality Social Network - additional functionality (software) opportunities Social Network (.. The direction of graphic images ( "gifts") other licensees, participation or the use of additional elements in certain games included in the Appendices, etc.), the right to use that are provided to Licensee for a fee, the amount and modalities of which are defined in this Agreement and the relevant sections of the Site. Functionals Social Network may provide for other methods of obtaining the right to use additional functionality and limitations on its use. Licensee may get acquainted with the above methods and limitations in the relevant sections of The Social Network. . 1.10 Unit of rights to use additional functionality Social Network (Units Rights) - a common unit (universal point), credited to the account of the Licensee by the Licensor, Licensee determines the extent of the rights to use the advanced functionality of the Social Network. The unit of rights to additional functional social networks are "OK". The scope of the licensee the right to use additional functionality Social Network is determined depending on the number of units of measure of the account of the Licensee. Accounting and cancellation of reflection and order units of measure of the account of the Licensee depend on the method of obtaining the right to use additional functionality and limitations established by the Licensor. . 1.11 License Agreement - text of this Agreement between Licensor and Licensee, containing all the necessary and essential conditions of the license agreement granting rights to use social networks, including the additional functionality of Social Network as a computer program. An integral part of this Agreement are also the rules of conduct of the Licensee or the rules of the commission of the Licensee certain actions, as well as the payment terms of specific elements of the Additional functional social networks and any other rules for the use of Social Network, hosted by the Licensor in the sections of the Site and / or the elements of the social network, including a mobile version of the site Applications and the Licensor. 2. The conditions of accession to the present Agreement Before you start using social networks, the Licensee must read this Agreement and with all applicable Social Network rules and other documents, which are placed in the appropriate sections of Social Network / online, including at http: // www. ok.ru/regulations. After filling out the required fields and get acquainted with the Agreement, Licensee is attached (accepts) this Agreement, by pressing 'up' or similar, which, within the meaning of Articles 435 and 438 of the Civil Code is the acceptance (acceptance), the Licensor offers, as well as the conclusion of the contract, generating Licensee obligation to comply with conditions of the Agreement, including the applicable rules in the Social Network. The actual use of social networks without the registration, in the form and to the extent available without registration, as well as the acceptance of this Agreement. After the registration, the user has the right to gain access to the additional functionality of social networks. Activation procedure may need to access. Conditions and order of activation profile posted on the Site / In the social network in the "Help" section. 3. Subject of the Agreement Under this Agreement, the Licensor grants the Licensee under a simple non-exclusive license right to use social networks like software and databases, including access to basic social networking features, and placed in it the information, as well as additional functional social networks, within the limits defined this Agreement. The right to use social networks, except for its additional functionality is provided to Licensee free of charge. The right to use additional functionality Social Network deemed to be granted to the Licensee at the time of reflection measurement units of the account of the Licensee. Continued use of Licensee's rights units of measure is carried out exclusively within the social network does not generate from the Licensor responsible for their use / non-use and can not be subject to judicial protection. Acquisition of rights to use additional functionality Social networks and their payment is not a necessary condition for Licensee's presence in social networks, or obtaining rights of use of social networks as a whole. Rights of Use Social Network Additional functionality is available on request and the request of the Licensee. 4. The limits of the use of social networks, including additional functionality 4.1. You may use the social network, including its additional functionality in the following ways: 4.1.1. functional use of Social Network, including participation in the formation of social networks by creating an account and personal pages and modify the content of the social network in the course of such participation by posting and processing of information and content interactions with other licensees in compliance with the rules provided for in this Agreement; 4.1.2. Social Network play elements, including the additional functionality in the form of receiving the information and content for personal use by the copy in memory of their personal computer and / or mobile device (download). In that case, if the elements of the content are copyright or personal images (pictures) by other licensees or third parties, Licensee with this their playing further obliged to obtain the consent of such persons on such reproduction; 4.1.3. subject to payment of the corresponding amount of the rights to use additional functionality of Social Network in accordance with this Agreement to use the additional functionality of Social Network; 4.2. Licensee is prohibited from: 4.2.1. reproduce, distribute, process for commercial or non-commercial elements of social networks, which are subject to copyright of the Licensor, other licensees or third parties without permission of their respective owners in the commission of these actions; 4.2.2. reproduce elements of design or user interface when creating a Social network sites or conducting any commercial activity on the World Wide Web or outside it; 4.2.3. spread outside the social network for commercial or non-commercial purposes audiovisual displays and credentials of other licensees are present in social networks, without the consent of the Licensee; 4.2.4. transfer granted to the Licensee the right to use social networks and / or additional functionality other licensees or third parties through the conclusion of sublicense agreement or otherwise; 4.2.5. to break forth in this Agreement (Section 5) The rules for the use of Social Network. 5. Terms of Use of Social Network 5.1. To make full use of Social Network Licensee to create an account. When Account licensee fills in the registration form. To access the Social Network Licensee formed a unique authorization data - login and password, which is confidential and shall not be disclosed, except as permitted by applicable law and / or this Agreement. The risk of the fraudulent and other illegal actions with the account of the Licensee in connection with the loss of a password, Licensee bears. Licensee is recommended to choose a password of sufficient complexity to avoid the possibility of selection of third parties. 5.2. Credentials Licensee specified during registration is recorded in the account and on personal pages (hereinafter - accounting data) processed by the Licensor for the purpose of proper implementation of this Agreement, the provision of targeted advertising services, the implementation of partnership programs and improving social networking features. 5.3. By accepting this Agreement and by placing data into account, the Licensee agrees to the processing of left Licensee Social Network credentials Licensor reflection of credentials to the personal page of the Licensee, as well as that carried on the open personal pages are public credentials. Licensee agrees that for the purposes specified in this Agreement, may be collected and used by additional information related to the Licensee obtained in the course of the Licensee's access to the Site and / or social networks or from third parties, and includes information about technical means (device) and how the process of interaction with the Site and / or social network (including IP-address of the host, type of licensee operating system, browser type, geographical location, information about the provider and otherwise) of the licensee activity on the Site and / or Social network and any other data obtained by the above methods. The purpose of processing of accounts of Licensee data is to determine the function of social networks, potentially of interest to Licensee, offers him to use these features, advertising campaigns, providing targeted advertising, providing Licensor services, carrying out statistical research and analysis of the statistical data, the implementation of other actions described in this agreement and the relevant sections of The Social network. Processing accounts of Licensee data is at all times during the period from the date of the registration of the Licensee and until it is deleted, unless otherwise provided by applicable law. Licensee agrees that the Licensor in the processing of accounting data is entitled to exercise with the following steps credentials: collection, systematization, accumulation, storage, use, transfer to third parties (including the transfer of anonymised statistical data), destruction or other necessary rights for the purposes of this Agreement and the implementation of social networking features. Licensee agrees that the user data can also be transferred to third parties in the cases provided for by the applicable legislation, as well as to protect the rights and interests of the licensee, the licensor and third parties in order to identify, investigate and punish illegal actions. By placing the information on the social network, including user and other data, the Licensee agrees that such information may be available to other users on the Internet, taking into account the existing functionality of the Social Network (which may vary from time to time by the Licensor), and that the licensor may limit the use of third party information from the social network, including for commercial purposes. Use of the information is determined by the Licensor under this Agreement. 5.4. After the registration process, Licensee is entitled to perform content account, personal pages, and other elements of social network content, add photos and other materials in accordance with the provided functionality, join the community and use other functions provided by the Licensor with the use of social networks, subject to this Agreement. 5.5. Licensee acknowledges and agrees that Licensee's placed in your account information and credentials are accessible to other licensees through personal pages Licensee, if access is not limited by the Licensee within the functionality of social networks. 5.6. Login TUVdotCOM Service List Social the Network Licensee Previously registered the accounts, Carried out each time by passing the the authorization procedure - the introduction of the the login and the password of the Licensee, you the click a the hyperlink, the Received by an e-mail address, as with a of result of the automatic torque the authorization of the use of cookies and other available and permitted by the Licensor ways technology. 5.7. A person authorized in the social network, it is considered proper owner of the account of the Licensee access to the use and management of which have been obtained as a result of this authorization. 5.8. When using Licensee Social Network technology can be used in cookies for automatic authentication of the Licensee in the social network, as well as for the collection of statistical data, in particular the attendance of social networks. 5.9. You may restrict or prohibit the use of cookies technology through appropriate browser settings. 5.10.The If Unable to the commit the the authorization in connection with the loss of a the password, account suspension, and for OTHER Reasons, You may contact support Licensor, an either follow the instructions the listed in the "the Help" section called and OTHER sections table of of of The List Social the Network. How to restore access to your account, Licensee authorization may be modified, repealed or amended unilaterally by the Licensor. 5.11.Licensor has taken Commercially reasonable Efforts to the ensure the FUNCTIONING of the social network A around the clock, But does not guarantee the convulsive absence of Interruptions related to Contents Technical malfunctions, Carrying out maintenance work and does not guarantee full or the partial performance of the the Application. Licensor does not warrant that the social network or any of its elements will be operational at any given time in the future, or that they do not stop working. 5.12.List Social network A, Including all scripts directory, applications, the content and design of the the website of, the mobile site is Provided "as with is". Licensor Makes the no warranty That the List Social the Network or its' the elements may the BE Suitable for specific uses clause. Of The licensor CAN not guarantee and Promise not the any does specific results from the use of its' social network A or the elements. Licensor does not warrant That Placed in the social network A the content and applications, Including OTHER licensees, Individual Licensee of ideas of morality. 5.13.When using Social Network Licensee shall take precautions against the Content, in particular Content posted by other licensees, other materials and information; the transition from placed on a social network hyperlinks; using any file, including software, in order to avoid negative impact on the Licensee's computer malicious software, unfair access to the account, password selections and other negative consequences for the Licensee. 5.14. Licensee by posting on a social network content provided by the Licensor may use the Content solely for the purposes of the Social network performance necessary for this method. 5.15. You may not download or otherwise communicate to the public (post to social networks, post on the Site) content and other intellectual property licensees, licensors and other persons, rights holders, in the absence of explicitly expressed consent of the owner and / or the necessary amount of rights such action. 5.16.Reproduction, copying, collecting, classification, storage, communication with social networks for commercial purposes and / or for the purpose of Social Network database extraction for commercial or non-commercial purposes, or its use in whole or in any part by any means is not without the Consent Permitted of the Licensor. It is forbidden to use automated scripts directory (programs, the bots, crawlers) to the collect information and (or) Interaction with the social network A without the Consent of the Licensor. 6. The rights and obligations of Licensor 6.1.Licensor Provides an ongoing management of List Social the Network, DEFINES its' structure, appearance, Permits or The restricts the access to the List Social the Network Licensees in violation of the Provisions of the this Agreement, exercise Other OTHER rights Belonging to HIM. Licensee agrees That the Licensor may use the functional and Contents Technical capabilities of the software (audio / video ) provides a display placed within the social networks of the Content, in its sole discretion, including for advertising display purposes. 6.2.Of As part of the interoperability Between the licensee of, Including licensees of Opportunities Independently the perform Certain the actions Within the social network A, the the Site, the Licensor Shall ACT only as with a person the who has Organized the Technological Possibility of such Cooperation (information an intermediary). Updates Related to the this interaction the transfer, storage and access via the Internet and software Social Network to grants the Licensee the information, graphics and other materials are made of such materials without changing or influencing their content on the part of the Licensor. 6.3. The licensor decides independently on matters of order placement on the social network and / or on the website advertising, participation in affiliate programs, etc. 6.4. Licensor has the right to: 6.4.1. AT the any time the change to the design and the user the interface of the site and social networking sites, Their the content, the content Provided by Including Additional Functionality features of social networks, modify or supplement USED scripts directory, software, the content Licensor and the items OTHER USED or stored in social networks and / or on the Site, any applications and server applications to Licensee or without notice; 6.4.2. Removed without the any reason and without notice the any the Content, Including the Content That violates the discretion of the Licensor and / or may Interfere with the Russian Federation, Legislation, the Provisions of the this Agreement, the rights of licensees or OTHER THIRD, Parties, Causing them harm or threaten the security; 6.4.3. In its' Sole discretion to the remove the any information (Including personal messages Licensee, Licensee comments The on this photos, statuses, OTHER OTHER information and materials), Including Those Placed by the Licensee in the social network A, in violation of the Russian Legislation or the provisions of this Agreement; 6.4.4. The suspend, the restrict the terminate Licensee's or the access to the any or all of the sections table of the of the Site and / or the elements of social networking, Communities, The groups, social networks, social networking features, Including its' Additional Functionality to the remove generated Licensee and Communities groups, at any time without giving reasons with or without notice thereof; 6.4.5. The remove the Licensee's account AT its' Sole discretion, Including, in a case of the Licensee's That Violate the actions or the Russian Legislation Provisions of the this Agreement; 6.4.6. Licensee to Provide for a payment the right to use the Network List Social Additional Functionality under the terms Provided for in the this Agreement and the Relevant sections table of the of the Site and / or the elements of social networks, Including the Annexes; 6.4.7. Licensees the carry messages mail address (Including an e-mails, sms-messages, etc. The), are notices on the introduction of new, or the Abolition of the old social networking features, new the private messages, comments The, and the status in this photos the Personal page of the Licensee or the like, containing promotional information about the social features, including additional functionality. 6.4.8. In order to the collect the data and statistical identification of the Licensee to the install and Maintain information about the IP-in addresses is of Licensee's the access to social networks, to use the Contents Technical information files is (, the cookies have), Placed on the personal computer of the Licensee; . 6.4.9 the when using the social networks to the make comments The Licensees, Prevent, inform, inform Them of the non-compliance Licensees of the this Agreement. Guidelines of Licensor, Licensee the data DURING the process of using the social networks, are Obligatory for execution by the Licensee; 6.4.10. To take the Measures not forbidden by the law to protect Their own Intellectual property rights with Respect to social networks; 6.5.Licensor shall not consider or resolution of disputes and conflicts arising between licensees or third parties, located in The Social Network Applications with the consent of the Licensor, at Licensee's use of these applications, however, at its discretion, may assist in resolving any conflicts. Licensor shall have the right to suspend, restrict or terminate Licensee's access to social networks (the eligibility of the use of social networks) in the case of another (-their) Licensee (s) motivated complaints of improper or unlawful conduct of the licensee on the Site. 6.6. Licensor shall assume the following obligations: 6.6.1. The conditions the set of forth in the this Agreement, Provide the Licensee the right to use social networks as with a software and / or the database Including Additional Functionality Within the a limits the ESTABLISHED by the this Agreement; 6.6.2. The notify the Licensee by publishing's the information on the Site or the send the messages on the social network A about changes in the conditions of the this Agreement. 7. Rights and obligations of the Licensee 7.1. You may: 7.1. Producing of the Account and personal settings page, the change the the username and the password the access to your account; . 7.1.2 Placed in the account of the Licensee information about yourself The, the add this photos, the status, the comment and rate The on this photos and statuses of OTHER licensees; 7.1.3. Search for OTHER licensees Licensees Communities, as with as with a well on the information known to the Licensee and the Relevant information posted on the Licensee FINDS the personal pages; 7.1.4. The create new Communities, The groups and the join the existing ones, use social networking features and applications and the deploy Them in the materials according to the 'requirements of the layout, the which are contained I in the Relevant section called the List Social of the Network . 7.1.5. The send and the receive the private messages, the add messages to the forum forum; 7.1.6. MODERATE the this photos posted on personal pages of OTHER licensees. This right may the BE exercised licensees, The subscribe to moderation by changing the settings Relevant the Account; 7.1.7. Acquire the right to use Additional Functionality of the Network List Social and the carry out the implementation part of rights for These in Accordance with the this Agreement; 7.1.8. Exercise Other OTHER not prohibited by the Legislation of the Russian Federation, or the this Agreement the the actions the associated with the use of social networks. 7.2. Of The Licensee Shall: 7.2.1. Comply with the terms of the this Agreement, without the any restrictions; 7.2.2. AT the time of registration in the List Social Conditions creation account and the Network to the Specify accurate information; . 7.2.3 not Exceed the a limits of the use of social networks and Additional Functionality List Social the Network section called in the ESTABLISHED 4 of this Agreement; 7.2.4. Not Violate Otherwise the Intellectual property rights of the Licensor in Respect of social network A or the any of its' the elements, in Particular, the Licensee Shall not copy-, transmit timeout, the distribute, or the publish Otherwise the distribute or reproduce the Network List Social Placed Licensor materials ( text, image,, audio and video ) without the written consent of the Licensor; 7.2.5. Independently Appropriate to take the Measures to the ensure a His account security and personal pages, and to Prevent unauthorized THIRD, the access by Parties (in Particular, the ensure That is the the password for stored is not in your browser, Including the use of technology, the cookies have, with Possible use of Licensee's computer device by third persons ); 7.2.6. Follow the instructions of the Licensor, in Particular, the the data by the Licensor to the Licensee or group of licensees in a social network A, in the center of the support members (Licensees), in the section called news of the Network of The List Social , the forum forum of the Licensor. with In a case of the default by the Licensee of such instructions Licensor has the right to the suspend, the restrict, a cease to Provide the Licensee the right to use social networks, or some of its' functions the, Including the Additional Functionality of List social Network; 7.2.7. AT the request of the the Licensor in connection with the Conclusion and execution of the this Agreement, to Their The confirm the credentials, Including the surname, first name, the data OTHER; 7.2.8. Not to the post this photos are the sealed That in addition to Licensee OTHER persons without Their Consent prior's, The except in cases where clause, in Accordance with the Article 152.1. Of the Civil Code That Consent is not required; 7.2.9 notify the Licensor of all cases of the social network for action Licensee that may be considered offensive, derogatory, defamatory, etc.; 7.2.10. Not to the create new Communities (A school of, college, university, military unit, PLACE of work, the rest of PLACE) Provided That there is the Same community; 7.2.11. Periodically to the view the the content of the this Agreement, on the AT the of Internet the following address and follow the http://ok.ru/regulations Amended. 7.2.12. To Comply with OTHER 'requirements, and Comply with OTHER Obligations under the this Agreement and Placed in the sections table of the of the Site and / or social networks. 7.3. Licensee warrants That IT has all the Necessary legal-authority and capacity to Press enter to Into the this Agreement. 7.4. Licensee may not: 7.4.1. To the collect the credentials of the OTHER licensees; 7.4.2. Use the any automated or automatic torque Means to the collect the information posted on the the Site and / or in the social network A; . 7.4.3 to the carry out propaganda Agitation or inciting social, racial, or National Religious hatred and enmity, propaganda of war, social, racial, National, Religious or language Superiority; . 7.4.4 PLACE in a social network A transmit timeout or through personal messages of restricted directive information (confidential information) THIRD, Parties, the licensee of the if does not have the sufficient rights under the law or the contract for the disclosure of such information; 7.4.5. The post, reproduce, process, the distribute, the publish on the social network A, the Communicate to the public, transfer, or the sell USED Otherwise in Whole or in part the content of the licensors, licensees and THIRD, Parties, are are subject to copyright The OTHER and exclusive rights, without prior authorization, except as required by this agreement, the applicable laws of the Russian Federation, as well as cases where the rights holder explicitly expressed its consent to the free use of their own content by any person. Downloading audio, video or other content to the social network, as well as placing content on social networks otherwise, Licensee acknowledges that it has all necessary for this right, including the right of communication to the public that this arrangement does not violate and will not violate the rights and the legitimate interests of right holders and THIRD, Parties, and That all the Necessary Permits and Consent of the respective owners and THIRD, Parties have Been Duly and Explicitly the Prepared for the this. of the List Social the Network may not the post the content Unless Licensee has the Necessary rights for the this and / or the consent of the owner; 7.4.6. PLACE in the social network A in the the public the domain (the forum forum, the comments The and / or the status) or pass through the private messages text messages, the graphics or the content OTHER Whose material is offensive to OTHER OTHER licensees or persons, or may the BE regarded as such, as well as messages , images and other materials, which discredit the licensee or other persons, contain threats, incitement to violence, the commission of illegal acts, antisocial, immoral acts, as well as committing any acts contrary to the principles of public order and morality; 7.4.7. PLACE in a social network A messages, the graphics or materials OTHER (Including are untrue), the allocation of the which Causes or is likely to prejudice to the of honor, Dignity and business reputation of a citizen or business reputation of the Organization; 7.4.8. PLACE in a social network A That the contain an obscene messages Words and expressions; 7.4.9. PLACE in a social network A of materials of erotic and pornographic nature or hypertext links to the websites Containing such material; 7.4.10. PLACE in a social network A Promotes information the which by suicide, IT the contains a description of Methods of by suicide and the any incitement to the commit IT; 7.4.11. place in a social network information associated with occult themes and activities (magic, fortune telling, Satanism, omens, charms, witchcraft, ritual, astrology, horoscopes, etc.); 7.4.12. place in a social network advertising and other information on narcotic drugs and psychotropic substances, including information on the distribution of drugs, their manufacture recipes and tips for use, as well as post information of an extremist; 7.4.13. place in a social network information that violates the rights of minors; 7.4.14. place in a social network of the wrongful nature of the information; 7.4.15. place in a social network personal information, including contact details, other licensees or other persons without their prior consent; 7.4.16. specified during the registration or subsequently entered false information or the wrong information; 7.4.17. place in the social network as a self-image pictures of others without the consent of such persons or fictional characters, images of animals, objects, abstract images, and any other graphics, non-image Licensee accommodating image data, without the proper consent of rights holders (authors) such images; 7.4.18. Licensee register account for the use of a group of persons or organization, except for cases when the account is registered solely for the purpose of placement of advertising materials, and other text messages to groups of social networks advertised via target.mail.ru systems or other advertising placements, agreed with the commercial Licensor department; 7.4.19. register more than one account of the Licensee by the same person; 7.4.20. to carry out actions aimed at destabilizing the functioning of the Site and / or social networks to carry out unauthorized access to the management of the Site and / or social network, or closed sections (including sections, accessible only to the Licensor is allowed), as well as to any other similar actions; 7.4.21. of unauthorized access to accounts of other licensees or by the selection of a password, as well as the attempt of such access; 7.4.22. to carry out spamming - mass distribution of commercial, political, advertising and other information (including hyperlinks that lead to websites with such information and / or Internet sites containing malicious software) to private messages, comments, messages in the forums , personal pages Licensees or perform other actions aimed at the dissemination of such information, if the licensee recipients did not express their consent to receive such information; 7.4.23. use the social network to search for debtors or for other similar purposes; 7.4.24. place in a social network information, including the Group, contributing to the promotion, advertising and promotion of tobacco and tobacco products, drugs, drugs, spirits and soft drinks; 7.4.25. place in the social network as other information which, in the opinion of Licensor does not comply with the policy and objectives of the creation of social networks. 8. Warranty and liability. 8.1. Licensee ensures that placing them in a social network or a transmission by means of private messages of information, content and other legally protected intellectual property, their parts or copies, as well as other materials does not violate anyone's rights and legitimate interests. In case of receipt of third party claims for breach of this Agreement with regard to posting information and / or Third Party Content, Licensor shall have the right to transfer to the extent permitted by law, available to him the contact information of the Licensee persons applying to the claims, in order to settle a disagreement . 8.2. Licensee warrants that it will be taken the appropriate measures to ensure the confidentiality of credentials (username and password) used to authenticate them on the social network, and to prevent the possibility of authorization by others. 8.3. Licensor shall comply with the privacy of correspondence, carried out by licensees private messages. 8.4. Licensor warrants the use by the Licensor in your account Licensee's e-mail address and mobile phone number to contact the Licensor to the Licensee, send Licensee notifications, messages and sms-messages, as well as to provide Licensee social networking features with Licensee's consent, which may be expressed at assistance features Social network, unless otherwise provided in this Agreement or applicable law. 8.5. Licensor does not participate in shaping the content of the Personal Licensee pages and downloading them to the Content does not control the actions of the Licensee does not exercise and has no technical capability to carry out automatic censorship of information in the public sections of sites and social networks, personal pages Licensee, censor private messages and is not responsible for the acts or omissions of Licensee. 8.6. The licensor does not exercise and has no technical capability to carry out pre-moderation information and content hosted by the Licensee, and is not responsible for its content. 8.7. Licensor shall not be liable for any failures and interruptions in the Social Network and they cause loss of information. Licensor shall not be liable for any damage to the Licensee's computer, mobile devices, any other hardware or software caused by or arising from use of the Site or sites accessible by hyperlinks on the site. 8.8. Licensor shall not be liable for the selection of the access password to the account of the Licensee or any third party acts committed with the use of the account of the Licensee. 8.9. Licensor shall not be liable for any damages, including lost profits, or damages resulting from the use of social networks, receiving the Content or other materials to which the licensee or other person gained access through social networks, even if the Licensor warned or pointed the possibility of such damage or injury. 8.10. Licensee is responsible for illegal actions carried out with the use of his account, as well as in connection with the placement of content using its accounts in social networks, to the personal licensee page or other licensees, forums, comments and in other sections of The Social Network and / or the Site . 8.11. Licensee is personally responsible for any Content or other information, which it places in a social network or otherwise communicate to the public in a social network or using it. The licensee undertakes to allow the claims of third parties related to the illegal placement of content and information on the social network. 8.12. Hyperlinks to any site, product, service, or any information of commercial, non-commercial nature, placed in the social network that are sent in private messages Licensees placed in the forums on the personal page Licensees etc. It is not an endorsement or recommendation of these products (services) by the Licensor. Licensor shall not be liable for damage caused to the Licensee as a result of the transition on such hyperlinks. 8.13. Licensor shall not be liable for any illegal actions of the Licensee or third parties when using social networks. 8.14. Licensor shall not be liable for statements Licensee, published in The Social Network. Licensor shall not be liable for the behavior of the Licensee in the social network, disrespect to other licensees. 8.15. Licensor shall not be liable for the loss of the Licensee access to your account on a social network (loss of login, password, other information necessary to use the Account or personal pages). 8.16. The Licensor is not responsible for incomplete, inaccurate, incorrect indication of the Licensee of its data when creating your account and personal pages. 8.17. When using Licensee gaming applications of Social Network The Licensor shall not be liable for the loss of Licensee during gameplay gaming values ​​resulting from participation in such gaming applications or acquisition of additional functional social network. 8.18. Licensor shall not be liable for the lack of Licensee's access to the Internet, for the quality of services Internet service providers with which Licensee agreements on provision of access to Internet services. 8.19. Licensor shall not be exchanged for cash or non-cash money or other valuables Social Network functions obtained by the Licensee in the course of its use or the use of additional functional social networks, including units of measure the rights to use the additional functionality of the Social Network. 8.20. Licensor shall reimburse Licensee costs associated with the acquisition of the Licensee the right to use additional functionality social networking, including in the case of suspension or termination of access to social networks, or the suspension or termination of this Agreement for any reason, except as otherwise expressly provided by applicable law. 8.21. Licensor shall not be liable for direct or indirect damages and loss of benefit of Licensee or other third parties arising out of: 8.21.1. use or inability to use the Social Network; 8.21.2. unauthorized access of any third party personal information of Licensee, including account and personalized page Licensee; 8.21.3. statements or conduct of any third party in a social network or on the Site; 8.21.4. Deleting your account, content or termination of operation of certain elements of social networks or social networks in general. 8.22. In all circumstances, the Licensor be liable to Licensee limited to the amount of 3 000 (three thousand) rubles, with the loss of profit is not refundable, except as otherwise expressly provided by applicable law. 8.23. Licensor is not obligated to provide Licensee any evidence, documents and so on, indicating violation Licensee terms of the Agreement, in which the Licensee has been denied access to the social network or its individual functions, including the components of additional functional social networks, or such access It was discontinued and / or limited. 8.24. Claims of Licensee, Licensor sent, received and considered under the condition possible to establish the fact of belonging Account specific person. Taking into account the possible presence of Accounts with similar credentials, Licensor shall have the right to require the provision of additional data and information, including in respect of the Licensee's account, allowing to determine, in connection with any claim account is issued, or install accessory Account person who has submitted a claim. 8.25. Licensor shall not be liable for any damage to the Licensee's health that can be caused by the Licensee in connection with the use of the Annex. Licensee is hereby notified that the application can provide a variety of audio and / or video effects, which, under certain circumstances, can cause in people who are prone to epilepsy or other disorders of the nervous nature, worsening of these conditions and Licensee ensures that these disorders does not suffer or undertakes not to use the application. Licensee hereby notified that regular long (continuous) finding the personal computer in a variety of complications can cause physical state including impaired vision, scoliosis, various forms of neuroses and other negative effects on the body. Licensee warrants that it will use the application only for a reasonable time, with breaks for rest or other measures for the prevention of the physical condition, if Licensee is recommended or prescribed. 9. Additional Functionality Social Network 9.1. This section of the agreement regulates the order and conditions of the Licensor to the Licensee of the rights of access to additional functionality Social Network. 9.2. At the request of the Licensee Licensor grants to Licensee on a reimbursable basis the right to use additional functionality of Social Network that allows the Licensee to use additional, advanced, special software features Social Network (status in the personal pages, the ability to direct other licensees graphics in the form of "gifts", etc. ). The right to use additional functionality Social Network is available to Licensee under the terms of a simple non-exclusive license for a fee in the amount determined by this Agreement, based on the size of such payment. Payment for the right to use additional functionality Social Network (payment of one-time license fee) is carried out by the Licensee in the currency of the respective territory, in accordance with the established order of the conversion. Licensor's fee for the right to use additional functionality is calculated from the total number of units of measure the rights to use the additional functionality of Social Network and value expressions of Units rights to use additional functionality Social Network, the address: http://www.ok.ru/payment. The value of the Units of the rights of use may be modified by the Licensor unilaterally at any time without prior notification of the Licensee. You may use the acquired right to use additional functionality to the extent reflected in Licensee's account-units of measure the right freely within the social network, including the use of specific social networking features and / or applications. Licensee acknowledges that the following licensing Using advanced features of Social Network in the amount of units of measurement of the rights, the Licensee shall not be entitled to claim from the Licensor return the license fee paid for such rights. 9.3. The moment of the right to use additional functionality Social Network is the moment of reflection at the account of Licensee rights corresponding number of units of measurement. Rights of Use Social Network Additional functionality is provided to Licensee for the term of this Agreement, unless the scope of the exhaustion of rights granted to not come earlier. 9.4. Methods and terms of payment of rights to use additional functionality through the Social Network Payment Systems published by the Licensor on the Site and / or in a social network: http://www.ok.ru/payment. Adding a license fee made licensee by transferring money through a supported payment methods. The list of available payment methods for a given on the Site. 9.5. If you pay the right to use additional functionality Social Network Licensee shall follow the payment instructions on the procedure and the methods of payment, including rules on the message is written and number of short text messages (SMS), including the method of uppercase and lowercase letters, numbers, and input language. Provide the Licensee the right to use additional functionality provided by the Social Network in the performance of the attached regulations and the terms of payment. Licensor shall not be liable for the correctness of the implementation modalities for the payment by the Licensee. For rules and procedures for the use of payment systems for the payment of the rights to use the additional functionality should refer to the legal entities - holders of these payment systems. Licensor makes Licensee clarification on issues relating to rules and procedures of using such payment systems, and does not pay the Licensee compensation money paid for the acquisition of rights to use additional functionality Social network through payment systems, if such payments were carried out with violations of the rules established payment systems, with the result that funds are not received Licensor. 9.6. Provide the Licensee the right to use additional functionality Social Network is carried out only when full payment of such rights by the Licensee in accordance with the terms of this Agreement. At the same time before the payment confirmation of rights to use the Licensor may not make them available to the Licensee or to make them available to a limited extent. 9.7. With In That a case, the if the of result of a Contents Technical error, or social network A failure The or the any of its' the elements, or deliberate the actions of the Licensee IT WAS to the access Additional Functionality List Social network A without the having to purchase the right to use in Accordance with the this Agreement, the procedure Licensee Shall report the Fact to the Licensor and to a pay the cost of the Licensor the right to use the this Additional Functionality, or to Eliminate all Consequences of misuse of of the the Additional functional social network A. Licensor Shall have the right without notice to Licensee independently eliminate such effects. 9.8. The Licensee shall retain proof of payment for the rights of use of additional functional social network at all times the use of social networks, and on request of the Licensor to provide him with such documents, as well as information on the circumstances of the commission of such payment by the Licensee. 9.9. Of The exclusive right to the distribute the Network Additional Functionality List Social Belongs to Licensor, and therefore the no Offers of THIRD, Parties to 'grant the right to use Additional Functionality List Social networks CAN not the BE Regarded as with a Licensee Proposals emanating from the Licensor. In case of disputes, ambiguous situations or areas of Licensee of any third party proposals relating to the payment of rights to use additional functionality Social Network or the placement of such ads and offers on the Internet, with the exception of placed on behalf of the Licensor on the Site, the Licensee shall immediately notify the Licensor. If the Licensee in breach of this provision, made the payment to the specified ad using the details set out in this declaration, the Licensee claims Licensor about the lack of Licensee access to additional functionality of social networking is not accepted, and the Licensor does not compensate Licensee money spent by the Licensee in such circumstances. 9.10. If it is determined by the Licensor, Licensee has access to the additional functionality of the Social Network of third parties, Licensee shall have the discretion either to suspend or restrict, or terminate Licensee's access to social networks and / or its additional functionality. 9.11. Acquisition of rights to use Additional Functionality List Social the Network does not relieve the licensee of from compliance with the this Agreement and the application to IT of the any the Measures specified 'in the this Agreement, Including the full or the partial waiver of Licensor from Further the access to social networks and Additional functionality social networking and removal of the Licensor Account Licensee unless otherwise expressly provided by applicable law. 9.12.Licensee Licensor warrants that it has the right to use their chosen funds to pay for the right to use additional functionality Social Network, without violating the laws of the Russian Federation and / or the law of a country, of which the licensee and the rights of Parties THIRD,. Licensor Shall not liable to the BE for the any damage to THIRD, Parties and / or licensees OTHER Caused by Licensee's use of the non-payment of a His Means. 9.13.Licensor Shall not the BE liable to for the any illegal the actions of the Licensee the when-making payment for the rights of use of Additional functional social network A. Licensor Reserves the right to unilaterally the suspend or the terminate Licensee's the access to the Additional Functionality of the List Social the Network, the if there is a suspicion of the commission of unlawful acts by the Licensee up to ascertain the circumstances, unless otherwise expressly provided by applicable law. 9.14. If Licensor has reason to believe that Licensee commits illegal actions or fraud related to payment for the right to use additional functionality Social Network, the Licensor has the right to convey relevant information to law enforcement agencies to carry out checks on this fact. 9.15. Payment Features Licensee the right to use additional functional social network with the help of bank cards: 9.15.1. The Operations with bank cards are made the cardholder or Authorized person. 9.15.2. The authorization of Transactions on bank cards is Carried out by the bank. The If the bank has reason to Believe That the the transaction is fraudulent, the bank has the right to a refuse the implementation part of the this operation. Fraudulent Transactions with bank cards is a criminal offense. 9.15.3. The To Avoid cases of fraud in bank card payment fees, a paid by credit card the BE CAN verified by the Licensor. Licensee-card holder, the apply for such payment Shall, upon the request from the Licensor, the Licensor to Provide a copy-of the Necessary documents to the confirm the of fair use of a credit card. with In a case of failure the by the Licensee of the Requested documents Within 14 days from the execution date of payment or there is doubt about their authenticity, the Licensor is entitled to suspend the provision of the Licensee the right to use social networks and additional functionality social Network to ascertain the circumstances. 9.16.Licensee agrees, understands and Accepts the Fact That the social network A and its' application is not a game of chance, a game for money, competition, bet A. Acquisition of rights to use the Additional Functionality of List Social the Network is a Realization of a His own will of and desire, and it is not necessary or a prerequisite for the use of social networks and its core functionality. 10. The territory and period of validity of the Agreement 10.1. You may use the social network and additional functional way of social network as described in this Agreement, the entire territory of the Russian Federation, as well as other territories in which it is accessible using standard computer tools and programs. 10.2. This Agreement is effective is from the date of its' terms by Licensee, and is the valid for one's (1) calendar year. 10.3. This Agreement shall be automatically extended for each subsequent one (1) year, unless before the expiration of the term of the Agreement: 10.3.1. Licensor does not the make a Decision to Amend the Provisions of the this Agreement, the need for a new Agreement with the licensee of, administration and termination of service, and the Network List Social of the terminate the access to, or termination of the this Agreement for the Licensee, or termination of access to the use of social networks in relation to the Licensee. 10.3.2. Licensee decides to discontinue the use of social networks and do not the delete your account. 10.4. Licensor shall have the right at any time without notice to Licensee and without giving any reason to terminate this Agreement unilaterally and extrajudicially with immediate termination of access and ability to use the social network and without refund of any expenses, losses or return obtained under the Agreement , including in cases of closed social network, anyone, including single, Licensee violates the terms of this Agreement and any other cases referred to by the Licensor in the pages of the social network, unless otherwise expressly provided by applicable law. 10.5. Licensor shall have the right at any time without notice to Licensee and without giving any reason to suspend access to and use social network without refund of any expenses, losses or return obtained under the Agreement, including in the case of a single Licensee violates the terms of this Agreement unless otherwise expressly provided applicable law. 10.6. You may at any time without notice to Licensor and without giving any reason to terminate this Agreement unilaterally and extrajudicially by deleting the account of Licensee without refund of any expenses, losses or return obtained under the Agreement unless otherwise expressly provided by applicable law 10.7. Licensee agrees to and fully accepts that all exclusive rights or the necessary software licenses constituting an element of social networking and / or used for its administration and operation, including its constituent audiovisual displays, as well as a graphical website design, photography, animation, video , videos, sound recordings, sound effects, music, text content of the Site / Social network and Applications of Social network, with the exception of the content uploaded to the Site / Social network Licensee Licensor, unless otherwise explicitly stated in the Agreement, the Site or in the Appendices. 10.8. This Agreement does not provide for the assignment of any exclusive rights or granting of an exclusive license to any component of social networks from the Licensor to the Licensee. 10.9.The If the Licensee, in Accordance with the Laws of a His state is forbidden to use of Internet or social networks, or there are OTHER legal-restrictions, Including restrictions on the age of admission to such software, you CAN not use the social network A. With In the this a case , the Licensee is solely responsible for the use of social networks on its territory in violation of local laws. 11. Final Provisions 11.1. This Agreement may the BE modified by the Licensor without the any prior's notice. Any For changes to the Agreement, the Licensor Implemented unilaterally Press enter to Into force on the day the following the day of publication of such changes on the the website of / social network A Licensor. Of The licensee of undertakes to the verify the Agreement on the are subject of the change. the Failure by the Licensee the actions to familiarize with the Agreement and / or the modified version of the Agreement CAN not justify the non-performance by the Licensee of its' Obligations and the non-compliance by the Licensee restrictions the ESTABLISHED the Agreement by. Actual Primary use of the Network List Social Licensee the after changes mean the Licensee's Acceptance of the new terms and conditions of the Agreement. 11.2.Of The invalidity of one's or more Provisions of the Agreement, Recognized in the the ESTABLISHED order CAME Into force a court Decision, does not Imply the invalidity of the Parties to the Agreement as with a Whole. With In the the event That one's or more Provisions of the Agreement in the established order invalid, the parties undertake to fulfill the undertaken obligations under the Agreement as close as possible to the Parties at the conclusion of implicit and / or change the agreed way of agreement. 11.3. This Agreement and the relationship between the Parties in connection with this Agreement and the use of social networks are regulated by the Russian legislation. 11.4. With regard to the form and method of execution of this Agreement shall apply provisions of the Civil Code of the Russian Federation ( "RF Civil Code"), governing the conditions and sign the agreement by the acceptance of the public offer. 11.5.Any For Dispute the Parties to the this Agreement Shall the BE is resolved through correspondence and negotiation Specifies with the mandatory the pre-by trial (of Claim) order. The Failure to their reach Agreement Between the Parties through negotiation Specifies Within sixty (60) calendar days of receipt by the other Party a written complaint, the dispute shall be submitted by any interested party in the court of general jurisdiction based on the location of the Licensor (with the exception of the jurisdiction of the case to any other ship) unless otherwise expressly provided by applicable law. 11.6.Of An integral part of the this Agreement is Located under each of the application on the this page the Applications in the List Social the Network. The Order of motions, complaints and Disputes related to placement of in a social network A applications developed by THIRD, Parties. With In Accordance with the the above order, all appeals, statements, offers, and other claims related to the Annex, the Licensee shall send directly to the developers of these applications, using the contact details found on the page corresponding applications in the social network. 11.7. For Questions related to the execution of the Agreement, please contact Licensor location The: Russian Federation,, 125167 Moscow, Leningrad Prospect, 39, building 79 .. Revision of the "5" in September 2016 [Regulations facenama] "Join on Facebook posing means approved rules and steps according to the rules will be more stable and provide better service site. "Enter your email correctly applying www. At the beginning of their email to avoid. The site policy is that in the near future, according to user input just by entering the PIN code is sent to the user's email is possible. »Post merely" expresses the opinion of its author and the site reflect the opinion or thought on this site is not dominant. Obviously, Facebook posing for user posts on this site have no responsibility. But if you receive will decide Reporting. "Unlike the civil law and contrary to certain international and domestic official misconduct counts. "Users should be careful in choosing your profile picture and share photos with improper and contrary to the laws of the Islamic Republic of Iran to refrain. "Members are obliged to notices sent by" Site hint system "and send a message regarding notification message to the public on laws and deal with the offending user will be serious "Members shall refrain from making any controversy on and if users decide such cases will be taken seriously. "Each user can manage on multiple groups and activities. As well as senior management can not compare to his managers in activities other groups have alleged. "Being any content related to pornography, nudity, obscenity and homosexuality is considered a violation. "Using the software to send spam to improve Statistics posts by user or group and the user will be blocked. "Copying the contents of users Site is against the rules and the proof of having it treated with the user. "The use of the name of the manager - webmaster - please Facebook Facade - Police facade Facebook - Facebook Support the facade and so these names in English or in Farsi and what is contrary to the user to be dealt with. "All activities associated with the spread of viruses, malware or any other malicious program is considered to be a violation. "Jdda not spam submissions. "Facebook reserves the right to view any time for your users send e-mail. "Any assembly, meeting (appointment of a group) by users of the social network outside of the virtual space is forbidden and if these violations, trespassing at the disposal of the judicial authorities is all Profile "On the other social acceptance network administrators with the aim of stimulating unable to walk users and their users will be blocked forever. "Asked friends and acquaintances for virtual and real space users and the site has been against the rules for User Report by the Director collision takes place. "Any number of fixed and mobile publishing and Messenger ID and any kind of abuse is on the site for Dating is forbidden and is done with the user decide. "Blocked users just through our contact form or by entering your email and if other users in the network are able to handle the protest action to block other account managers that can block forever. "Duplicate post to raise the number of posts to your profile or number of posts in his group refused. In case your account will be blocked. "SQL code in the group refuse to stretch and pop-ups. "The Propaganda Department not in the other groups and non-compliance if it is blocked and the user account will be deleted. "Facebook users are required under the laws of facade and computer crime laws relating to its activities and notify administrators of any write laws. "SQL mobile number or landline number instead of username or username to avoid. "Advertising on the site by people who are registered to spam will not be approved and no money will be returned. "See here to read the rules and computer crime: http://facenama.com/iranlaw "Do not put the Iframe or code separated Pop up otherwise you will be blocked. "Be careful in putting your profile picture and share photos Do not unlawful. "In the event of a problem in Server Files and Attachments ability to delete photos there and because of the large volume of backup files, there is no possibility of posing So Facebook has no responsibility in this regard. You can upload your files on other sites. "The User agrees to select the appropriate user name and password of their maintenance. "Users are blocked if special user features faceted shopping site have not returned them. "If a site walk in to hit the delete group chief executive of the group and his agents will also be blocked. "In terms of Facebook is facing having age above 13 years. "Each user only has the right to choose a user name. If you see profiles of all users who have more than one profile will be deleted. "Any misuse of user information, photos, profile information is strictly prohibited. "Be careful in choosing your username. User name is inappropriate if the user is blocking. "Any" unlawful publication and insert content and images "has been banned and blocked IP and username trespassing and violators will be prosecuted. "Irritate users, advertisers and invited to Satanism, prostitution, drug addiction, suicide, sexual abuse, participation in illegal protests and gatherings are prohibited and judicial request seeking individuals will be given to them. "Any provocation users in a way that would be contrary detect and manage site user on the site will be limited. »Advertising and invitation to other social networks or chat rooms or forums for dialogue and site monetization is prohibited. "Insert and publishing false material, the use of vulgar words, lies and disrespect for the user, religion, beliefs and convictions, individuals, organizations and agencies, organizations and authorities must create laws and opposition political groups and related posts avoid system. "Any promotions on the site for promotions is forbidden and must be coordinated with the administrator. "Presented by published in the blocked sites is not allowed. »Advertising religions other than Islam is prohibited. "Sending content to promote Satanism and Satanists fear. "Any write and release malicious code and viruses via Facebook facade is prohibited. "Publication of any proxy, VPN, and proxy is against the rules. "Any insulting authorities or the Islamic Republic of Iran is banned and the user decide to be serious. "Ridiculing ethnic groups are prohibited and all obligation to their fellow citizens with respect Bzarnd every ethnicity and refrain from sending humor about them. "We have the right to any user who walk in to hit the site or create tension with their agents and if necessary to block it all us to remove. "Delete users on Facebook view the complete removal of not only the disabled user account and hide user profiles to others. To delete the user account, be through the contact form bottom of the site with the management of the site to be coordinated. "We have to give their permission: - Where necessary, we changed its rules so that follow-up is recommended changing the rules. Software License Agreement THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDER(S), THE XQUARTZ PROJECT, OR APPLE INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The software contained in this package are licensed under multiple licenses. It is not feasible to include all of the licenses here in a precise manner. For clarification on licensing issues, please contact the OS X X11 Users mailing list (http://www.xquartz.org/Mailing-Lists.html). What comes below is an attempt to give a brief overview of some of the relevant licenses. libXplugin is not open source. It is licensed to you under the same conditions as any Apple Software Update (although lacking any warranty, since this is *NOT* an official Apple release). All other software installed is made available under an OSI approved license (see http://www.opensource.org/licenses/alphabetical) including, but not necessarily limited to the following licenses: MIT, BSD, APSL-2, GPL-2, and LGPL-2. Online-Convert.com Terms and conditions These are the general terms and conditions of QaamGo Media GmbH, Hohenstaufenring 62, 50674 Köln, Germany hereinafter referred to as “Provider”. Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English. Preamble The Provider provides an infrastructure on online-convert.com, which should facilitate the User to transfer electronic files from one format into another using file converter programs as well as to store those files on Internet servers. § 1 General and Application (1) Following Terms and Conditions apply to every business relation between the Provider and the User as Customer. (2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside its trade, business or profession. An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of its trade, business or profession. Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs. (3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed. § 2 Service description and prices (1) The Provider provides an infrastructure on online-convert.com, which should facilitate the Customer to transfer electronic files from one format to another using file converter programs as well as to store those files on Internet servers. The Provider performs for its Customer through the website online-convert.com extensive technical server services, hosting services and conversion services. In this way, downloading and uploading of files in various formats are allowed through the server of the Provider. It allows to convert files from one file format to another using Software as a Service (SaaS) mechanisms. The download includes the downloading of files for the permanent storage on a data carrier. This includes the possibility to download already converted files, as above mentioned, from other serves for further conversion. The upload includes the providing of files of the Customer in order to storage them on the server of the Provider for the purpose of retrieving them by the Customer. In general the services provide a user the ability to transform a file (a "User File") from its original file format to a user-selected file format. The services operate by storing the uploaded or downloaded User File on a server, converting it into a new file format ("Converted File") and then providing the user a unique, non guessable download link to the Converted File. (2) To provide its services, the Provider provides the Consumer with a free certain basic service on the website. Customers can also access to a chargeable premium account with advanced features and services. This also includes a so-called API service, which is however only available for Entrepreneurs. In this regard, the specific terms of use for API-Services shall additionally apply according to section (4). The services provide the following types of service levels: "Free", "24h", "Silver", "Gold" and "Platinum". The Customer acknowledges and agrees that the Provider may establish general practices and policies concerning the use of the services, including, without limitation, the maximum number of files that a Customer may upload through the services, the maximum size of the files that a Customer may convert through the services, the maximum number of hours or days that a file will be stored by the services, and the maximum number of times a user may access the services in a given period of time. (3) The Provider provides memory space to the Customer within the framework of its operational and technical possibilities and depending on the use of its services, in order to save files created by the Customer through uploading or by transferring a download link. For this purpose, the Customer grants the Provider a right of use of the file, unlimited by time or space. The Provider reserves the right to delete files or refuse uploads or file downloads provided that there is not enough storage capacity. The Provider reserves the right to change or discontinue any of the services at any time. While the Provider tries to ensure that the services are error free, he cannot guarantee that user files or converted files will not be deleted or lost. The Customer acknowledges and agrees that the Provider will not be responsible for any failure of the services to convert a user file or store a user file or converted file. The Customer acknowledges and agrees that the Provider will not be responsible for the deletion of a user file or converted file stored or processed during the provision of the services, or for the corruption of or loss of any data, information or content contained in a user file or converted file. (4) Specific scope of services depends on the corresponding description of the services offered by the Provider, which are an essential part of these terms and conditions. The stated current prices shall apply. The stated prices shall be binding. All prices include the statutory value added tax. (5) The Customer has a right to compensation, provided that its counterclaims have been judicially determined, recognized or undisputed by the Provider. The Customer may exercise a right of retention only if its counterclaim is based on the same contractual relationship. § 3 Customer identification (1) The services free of charge can be used without any registration. Only registered Customers have access to the chargeable services of the Provider. As part of the registration process, the Customer shall select a user name (email address) and a password. By completely filling the registration form and accepting these general terms and conditions, the Customer makes a binding offer to conclude a contract to use the offered and ordered services. Provided that the services of the Provider are subject to a charge, the Customer shall – if necessary – truly and completely specify its bank and/or its credit card details as well as any changes to its data without delay. The Customer will receive an email after registration that will request the confirmation of the registration. As soon as the Customer confirms the registration, the process is completed. (2) In case that the Customer is aware of any misuse of its access data to the services of the Provider, he shall immediately inform the Provider. The Provider is entitled to block the access to the used services in case of misuse. The suspension of the block will be possible by written request of the Customer. § 4 Specific terms of use for API-Services Following terms shall apply exclusively in regard with the use by the Customer of API-Services. (1) API means “Application Programming Interface”, which is a source code based specification intended to be used as an interface by software components to communicate with each other. An API may include specifications for routines, data structures, object classes, and variables. With the API Customers can convert files regularly, outsource the conversion process to the Providers server farm to speed up conversion time and integrate a conversion service on the Customer’s website. (2) For getting started the Customer needs to register and has to obtain its personal API key. After the registration (section 3 Customer identification), the Customer has to extract the API key from the confirmation email sent by the Provider. For more details see “How to use our API to convert media files directly” http://api.online-convert.com/ § 5 Terms and termination The use of the services of the Provider is not bound to a specific period of time. The chargeable services of the Provider are subject to a certain contract period that arises from the description of the services offered by the Provider, which are an essential part of these general terms and conditions. The right of the parties for extraordinary termination of the contract as well as the right to terminate the recurring obligations for important reasons remain unaffected. An important reason exists provided that in consideration of all circumstances in the specific case and weighing up the interests of both parties, the terminating part may not be reasonably expected to continue the contractual relationship until the end of the agreed contractual period or until the expiration of the notice period. In this respect, the Provider has the right for extraordinary termination especially if the Customer violates section 7 (2) of these general terms and conditions. § 6 Right of withdrawal for EU-Consumers - Withdrawal instructions for EU-consumers - You have the right to revоke your contractual statement without giving reasons in written form (e.g., letter, fax, e-mail) within 14 days. The cancellation period begins at the earliest on receipt of these instructions in written form, however, not before concluding the contract not either before performing our duty to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBBG (Introductory Act to the German Civil Code) as well as our duties according to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in connection with article 246 § 3 EGBGB (Introductory Act to the German Civil Code). The revocation period shall be deemed by sending the revocation in due time. Declaration of revocation shall be sent to: QaamGo Media GmbH Hohenstaufenring 62 50674 Köln Germany Email: time2talk@online-convert.com Fax: + 49 7732 9391657 Consequences of the revocation In case of a valid revocation, both parties shall return the achievement or benefits (e.g. interests) received. Should not be any possibility to return the benefits received, not completely either partly or just in degraded conditions, a compensation shall be paid. This may mean that you must meet the contractual payment obligations for the period up to the revocation. Payments shall be refunded within 30 days. The period begins for you at dispatch of the notice of revocation, and for us with its receipt. Particular information Your right of withdrawal will expire before maturity, if, due to your explicit approval, the contract is completely fulfilled by both parties before you have used your right to withdrawal. - End of withdrawal instructions for consumers - § 7 General duties of the Customer (1) The Customer is responsible for the availability of the technical requirements to use the benefits of the Provider, particularly with regard to the used hardware and software, the Internet connection and the compatibility with the usual browser software. The Customer is also obliged to secure its computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software. The Provider is not liable for virus damages, which could have been prevented by using the corresponding software. (2) The Customer shall attend the effective laws of the Federal Republic of Germany as well as the present conditions when using the services provided by the Provider. He particularly shall: a) provide, as part of the application, true and complete information regarding its person and, if necessary, regarding its authorized representative. Particularly, its true first and last name as well as its current address and – if necessary in order to use the services of the Provider – true and complete details of the planned means of payment (such as bank details). Should this information be untruthful and should the collection of the fees not be possible or a return back debit effected by the bank for this reason or for any other reason in the responsibility of the Customer, then the Customer shall bear all associate expenditure as responsible part; b) not use the services of the Provider to view or spread neither immoral or illegal statements nor pornographic and right-wing or violent contents; c) attend to the effective law of the Federal Republic of Germany, particularly the regulations regarding data and youth protection as well as criminal ordinances; d) not violate rights of third parties, particularly copyright and ancillary copyright, trademark, patent and other prоperty and personal rights. Particularly with regard to the use of copyrighted works, the Customer is responsible for obtaining the relevant rights concerning that use. In particular, he should obtain the necessary rights from the GEMA (German Society for Musical Performing Rights and Mechanical Reproduction Rights) or other right collecting societies as trustees for the administration of these rights. (3) As far as memory or storage capacity (central memory and fixed-disk storage) an is provided to the Customer, he is not allowed to store any illegal, or infringing comments against the law or official regulations or against the rights of third parties. Following contents may neither be written nor offered: a) Offers, which application, supply or distribution infringes industrial property rights (such as trademark, patents, utility models and design rights), copyright and ancillary copyright and other rights (such as right to the own image, name and personal rights); the offer of plagiarism is not permitted; b) pornographic and harmful offers; c) propaganda articles and products from any unconstitutional organization: d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind as well as ammunition of any sort; e) protected live animals, products and preparations of protected animals as well as protected plants and their preparations; f) bonds – especially shares – credits, loans and financial aim; money market and financial instruments, excluded from historical bonds that are not in circulation anymore; g) debt obligations and court titles as well as other claims arising from collection legal transactions; h) vouchers, which are available free of charge for everyone; i) goods whose possession is lawful, but their use in the country of delivery is prohibited; j) human organs; k) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and there is no exemption; l) land and land rights. (4) The Customer is the sole responsible for the contents and for the accuracy of the transferred data. (5) The Customer is not allowed to convert files automatically using a scripting language. The sole exception is by using our API service. (6) The Customer is not allowed to share his account and login data. § 8 Blocking of access (1) The Provider reserves the right to revoke the right to access to its services or to reject the registration of a Customer who misuses the services of the Provider or violates these general terms and conditions. The Customer will be immediately notified per email about this revocation of the right to access or rejection of the registration. (2) If the Customer fails to meet its obligations under these general terms and conditions; violations, for which the Customer is responsible, the Provider is entitled, subject to any further claims, to temporally fully or partially block the access to its services. Thereof, the Customer will be immediately notified per email. § 9 Infringing content policy (1) Every user of the website has the possibility to report any violation of its intellectual property rights caused by any content on online-convert.com. For this purpose, the Provider requires detailed information. This information should content the following: a) A statement that contents at online-convert.com infringe intellectual property rights of the user or of third parties who authorised the user to act on their behalf; b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant content; c) Full name, address, telephone number and email address of the user; d) A statement, that the user is either the copyright owner or a person authorised to act on their behalf; e) A statement that the user believes in good faith that the use of the content in the manner complained has not been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person. (2) If desired that the complaint should be considered pursuant to the U.S. Digital Millennium Copyright Act section 17 paragraph 512(c), those requested in section 9 (1) shall be stated under penalty of perjury. Furthermore, an electronic or physical signature is also necessary under the above required information. § 10 Payment terms (1) Customers who use chargeable services of the Provider may pay in advance pre-cash / bank transfer, by credit card or via PayPal. The Provider reserves the right to exclude certain terms of payment. To realise the payment via PayPal, the Customer has to register under paypal.com. The terms and conditions of paypal.com shall apply [http://www.paypal.com/de/cgi-bin/webscr?cmd=p/gen/ua/ua-outside]. The provision of services shall be only happen as soon as the invoiced amount is credited to the PayPal account of the Provider. The exact payment method depends on the corresponding description of the services offered, which are an essential part of these general terms and conditions. (2) Unless the parties agreed otherwise, the Customer undertakes to pay the whole price within fourteen days when the contract dates are received by e-mail. The Customer comes to default after expiration of the deadline. During the default, the Consumer has to pay interest at a rate of at least 5 points above the prime rate. During the default, the Entrepreneur has to pay interest at a rate of least 8 points above the prime rate. Compared with the Entrepreneur, the Provider reserves himself to apply higher damage caused by delay. (3) Unless stated otherwise in the description of the services, the begin of the availability of the Service by the Provider will happen as soon as the complete invoice amount is credited to its account. § 11 Exemption The Customer disclaims the Provider and its employees of all claims, which other customers or third parties might have against the Provider because of violation of their rights through the data posted by the Customer on the website online-convert.com or through provided files from the Customer on the server of the Provider. This includes the costs of reasonable litigations and related expenses. For this purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees. This does not apply if the Customer is not responsible for the infringement. § 12 Warranty (1) For the offered services, the Provider guarantees average server availability of a monthly average 98 % or an annual average of 99 % provided that the Provider does not act deliberately or grossly negligently. Excluded from this are times, in which the server is not available due to technical or other problems which are beyond the control of the Provider (including force majeure or negligence of a third party). (2) Defects on services of the Provider will be corrected when possible according to the error description made by the Customer. This does not apply if the Customer is responsible for the malfunction. Further rights of the Customer are not affected. (3) The contents posted by the Customer on online-convert.com or using the server of the Provider are external contents for the Provider as defined in § 7 paragraph 2 German Telemedia Act (TMG). The Customer that posted the contents is the legal responsible. The Provider is not responsible for the descriptions, characteristics and legal validity of the Customer’s stored data. The Provider does not guarantee the accuracy or completeness of the information and statements given by the Customer either the identity or integrity of the Customer. § 13 Liability (1) The Provider assumes no liability for the no-break availability of the server as well as for system-dependent losses, interruptions and disturbances of the technical equipment that are not in the sphere of the Provider. Particularly, the Provider is not liable for disorders in the quality of the server operated by the Provider due to force majeure or events for which the Provider is not responsible. Among these are strikes, lockouts, legal company-internal labour dispute actions and official directives. This also includes the entire or partial failure of the communication and network structures necessary to own communication and network structures and gateways of other providers and operators. (2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Provider. The Provider is not liable for slightly negligent violation of inessential contractual obligations. However, the Provider is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Provider is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust. The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Provider is accusable of personal injury, impairment to health and death of the Customer. (3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence of the Customer’s failure to make data backups and guarantee a restoration of the lost data at reasonable efforts. (4) The Provider is only liable for the own contents on its web page online-convert.com. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Provider does not embrace the external content. In case that the Provider is informed about illegal contents on external web pages, the Provider will remove the link provided that this is technically possible and reasonable to him. § 14 Rights of the Provider All copyrights, trademark rights or other intellectual property rights to the website online-convert.com, contents created by the Provider, data and other elements belong exclusively to the Provider. Possible rights of the Customer to the contents submitted by him or transmitted to the Provider remain unaffected. § 15 Privacy Policy (1) Customer data are collected, stored and processed by the Provider in compliance with currently effective norms relative to the protection of personal data for the fulfilment of the contract. (2) Personal data collected during the registration and performances of the services are treated in strict confidence. These data are collected, stored and processed when legally allowed or in case that the Customer consents herein. (3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of charge in regard to the stored data provided that it affects him. The Provider will neither pass on this data nor the contents of private messages of the Customer to third parties without its consent. However, this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in particular governmental authorities or as far as internationally technical standards require doing so (4) The Provider points out to the Customer that personal data (user-related data) and other information concerning its use (connection data) (i.e. access passwords, up- and downloads), will be stored during the lifetime of the contract as far as it is required to fulfil the purpose of the contract, in particular for invoicing. (5) The Provider is entitled to pass anonymous user information to third parties for demographic purposes. These anonymous data may be used to generate statistics and quality assurance. § 16 Change of the general business regulations (1) The Provider reserves the right at any time to make changes of these general terms and conditions under adequate prior notice of at least two weeks. The announcement will be served through publication of the changed general terms and conditions on the Internet indicating the effective date on the website online-convert.com. (2) If the Customer does not disagree within two weeks after publication or if the Customer continues using the ordered services offered by the Provider after the expiration of the period, the changed terms of business are considered as accepted. In particular, the change announcement will be pointed out to the two weeks term. In case of objection, the contract remains with no changes in content and with the current terms and conditions. However, the Provider is entitled to terminate the contract. § 17 Applicable law and jurisdiction (1) This agreement shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied. (2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business location has its seat, provided that an exclusive jurisdiction is not given. The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action. § 18 Final Clause If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected. Version 1.3, 27. March 2012 APPLE INC. SOFTWARE LICENSE AGREEMENT FOR QUICKTIME IMPORTANT NOTICE TO QUICKTIME PRO USERS: INSTALLATION OF QUICKTIME 7 WILL DISABLE THE QUICKTIME PRO FUNCTIONALITY IN PRIOR VERSIONS OF QUICKTIME. IF YOU PROCEED WITH THIS INSTALLATION, YOU MUST PURCHASE A NEW QUICKTIME 7 PRO KEY TO REGAIN QUICKTIME PRO FUNCTIONALITY. AFTER INSTALLATION, VISIT www.apple.com/quicktime TO PURCHASE A QUICKTIME 7 PRO KEY. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. 1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Apple Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Apple Software product, unless such upgrade contains a separate license. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content. 2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Apple Software on a single computer at a time. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 3. Transfer. You may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred. Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, you must be an Eligible Educational End User to use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools). 4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. 5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. 6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS "APPLE" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. QuickTime Player automatically produces search results that reference sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Apple search completed through the QuickTime Player may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By using the QuickTime Player, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the QuickTime Player, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the QuickTime Player or for any inaccuracies, errors in or omissions from the content. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 10. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. 13. MPEG-2 Notice. To the extent that the Apple Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206. 14. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard ("MPEG-4 Video") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: //www.mpegla.com. 15. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. 16. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. EA0337 7/17/08 Microsoft Services Agreement IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED. These terms (“Terms”) cover the use of those Microsoft’s consumer products, websites, and services listed here (the “Services”). Many of these products previously had separate terms that were called different names, such as “Xbox Live Terms of Use” or “Skype Terms of Use,” and these Terms replace those separate terms. You accept these Terms by creating a Microsoft account or Skype account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. Your Privacy 1. Your Privacy. Your privacy is important to us. Please read the Microsoft Privacy Statement (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how Microsoft uses your content, which is your communications with others; postings or feedback submitted by you to Microsoft via the Services; and the files, photos, documents, audio, digital works, and videos that you upload, store or share through the Services ("Your Content"). By using the Services or agreeing to these Terms, you consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. [Go to top of page] Your Content 2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Microsoft cannot be held responsible for Your Content or the material others upload, store or share using the Services. b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Microsoft products and services, you grant to Microsoft a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how Microsoft personalizes advertising are available on the Security & privacy page of the Microsoft account management website. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement. [Go to top of page] Top of page Code of Conduct 3. Code of Conduct. a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules: i. Don’t do anything illegal. ii. Don’t engage in any activity that exploits, harms, or threatens to harm children. iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages. iv. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity). v. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments). vi. Don’t circumvent any restrictions on access to or availability of the Services. vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others). viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs). ix. Don’t engage in activity that violates the privacy of others. x. Don’t help others break these rules. b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Microsoft account or Skype account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Microsoft reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so. c. Application to Xbox Services. Click here for more information about how this Code of Conduct applies to Xbox Live, Games for Windows Live and Microsoft Studios games, applications, services and content provided by Microsoft. [Go to top of page] Top of page Using the Services & Support 4. Using the Services & Support. a. Microsoft account or Skype account. You’ll need a Microsoft account to access many of the Services. Your Microsoft account lets you sign in to products, websites and services provided by Microsoft and some Microsoft partners. To access Skype on certain platforms, you have the option of using a Skype account or a Microsoft account. i. Creating an Account. You can create a Microsoft account or a Skype account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Microsoft account or Skype account. In some cases, a third party, like your Internet service provider, may have assigned a Microsoft account to you. If you received your Microsoft account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Microsoft account. Please review any additional terms the third party provided you, as Microsoft has no responsibility regarding these additional terms. If you create a Microsoft account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Microsoft account or Skype account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Microsoft account or Skype account. ii. Account Use. You must use your Microsoft account to keep it active. This means you must sign in at least once in a five-year period to keep your Microsoft account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Microsoft account is inactive and will close it for you. Please see section 4(a)(iv)(2) for the consequences of a closed Microsoft account. You must sign into your Outlook.com inbox and your OneDrive (separately) at least once in a one-year period, otherwise we will close your Outlook.com inbox and your OneDrive for you. You must sign into the Xbox Services (defined in section 14(a)(i)) at least once in a five-year period to keep the gamertag associated with your Microsoft account. If we reasonably suspect that your Microsoft account or Skype account is being used by a third party fraudulently (for example, as a result of an account compromise), Microsoft may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of Your Content. If you are having trouble accessing your Microsoft account, please visit this website: http://go.microsoft.com/fwlink/?LinkId=238656. To manage your Skype account, you must "Sign In" at www.skype.com. iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of "majority" where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a Microsoft account or Skype account. If you are the parent or legal guardian of a minor that creates a Microsoft account or Skype account, you accept these Terms on the minor’s behalf and are responsible for all use of the Microsoft account, Skype account, or Services, including purchases, whether the minor’s account is now open or created later. iv. Closing Your Account. 1. You can cancel specific Services or close your Microsoft account or Skype account at any time and for any reason. To close your Microsoft account, please visit http://go.microsoft.com/fwlink/p/?linkid=618278. When you ask us to close your Microsoft account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60-day period, your Microsoft account will be closed. Please see section 4(a)(iv)(2) below for a detailed explanation as to what happens when your Microsoft account is closed. Logging back in during that 60-day period will reactivate your Microsoft account. To cancel your Skype account please submit a support request to http://go.microsoft.com/fwlink/p/?linkid=618280. 2. If your Services are canceled or your Microsoft account or Skype account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Microsoft account or Skype account or will otherwise disassociate it from you and your Microsoft account or Skype account (unless we are required by law to keep it). You should have a regular backup plan as Microsoft won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired. b. Work or School Accounts. You can sign into certain Microsoft services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the services may be subject to the agreements that Microsoft has with you or your organization and these terms do not apply. If you use a work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your Microsoft account in order to continue accessing such Services. c. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you. d. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your Microsoft account or, for Skype notifications, your Skype account. If you gave us your phone number in connection with your Microsoft account or Skype account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS. e. Support. Customer support for the Services is available at http://support.microsoft.com. [Go to top of page] Top of page Using Third-Party Apps and Services 5. Using Third-Party Apps and Services. The Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t Microsoft) ("Third-Party Apps and Services"). Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. See section 14(b) for additional terms for applications acquired through the Office Store, the Xbox Store or the Windows Store. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. Microsoft does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties. [Go to top of page] Top of page Service Availability 6. Service Availability. a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Microsoft account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Microsoft is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services. [Go to top of page] Top of page Updates to the Services or Software, and Changes to These Terms 7. Updates to the Services or Software, and Changes to These Terms. a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Microsoft account and/or Skype account and, if you are a parent or guardian, help your minor child close his or her Microsoft account or Skype account. b. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Microsoft isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software. c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work. d. So that you can use material protected with digital rights management (DRM), like some music, games, movies and more, DRM software may automatically contact an online rights server and download and install DRM updates. [Go to top of page] Top of page Software License 8. Software License. Unless accompanied by a separate Microsoft license agreement (for example, if you are using a Microsoft application that is included with and a part of Windows, then the Microsoft Software License Terms for the Windows Operating System govern such software), and except as provided in section 14(b)(i) below for applications available through the Office Store, the Windows Store or the Xbox Store, any software provided by us to you as part of the Services is subject to these Terms. a. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Microsoft. Notices, if any, for the third-party code are included for your information only. b. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: i. circumvent or bypass any technological protection measures in or relating to the software or Services; ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so; iii. separate components of the software or Services for use on different devices; iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Microsoft expressly authorizes you to do so; v. transfer the software, any software licenses, or any rights to access or use the Services; vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network; vii. enable access to the Services or modify any Microsoft-authorized device (e.g., Xbox One, Xbox 360, Microsoft Surface, etc.) by unauthorized third-party applications. [Go to top of page] Top of page Payment Terms 9. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them. a. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. The price for Skype paid products includes a charge for the product and a charge for taxes. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Microsoft or Skype account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location. b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Microsoft account management website and for your Skype billing account by signing into your account at www.skype.com. Additionally, you agree to permit Microsoft to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account. c. Billing. By providing Microsoft with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for the Services or available content using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. d. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by Microsoft. By authorizing recurring payments, you are authorizing Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. e. Automatic Renewal. Provided that automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k). Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal. f. Online Statement and Errors. Microsoft will provide you with an online billing statement on the Microsoft account management website, where you can view and print your statement. For Skype accounts you can access your online statement by signing into your account at www.skype.com. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Microsoft has identified a billing error, we will correct that error within 90 days. g. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Microsoft has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic. h. Canceling the Services. You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the Microsoft account management website. You can request a refund from Skype using the Cancellation and Refund form. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s). j. Promotional Offers. From time to time, Microsoft may offer Services for a trial period during which Microsoft will not charge you for the Services. Microsoft reserves the right to charge you for such Services (at the normal rate) in the event that Microsoft determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer. k. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term. l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment. m. Gift Cards. Redemption and use of gift cards (other than Skype gift cards) are governed by the Microsoft Gift Card Terms and Conditions. Information on Skype gift cards is available on Skype’s Help page. [Go to top of page] Top of page Contracting Entity, Choice of Law, Jurisdiction 10. Contracting Entity. For use of free, consumer Skype-branded Services, you're contracting with, and all references to "Microsoft" in these Terms mean, Skype Software S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg, and for paid, consumer Skype-branded Services, you’re contracting with, and all references to "Microsoft" in these Terms mean, Skype Communications S.à.r.l, 23 – 29 Rives de Clausen, L-2165 Luxembourg. For all other Services, you're contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, U.S.A. 11. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court). [Go to top of page] Top of page Warranties 12. Warranties. MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS. [Go to top of page] Top of page Limitation of Liability 13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services. [Go to top of page] Top of page Service-Specific Terms 14. Service-Specific Terms. The terms before and after section 14 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. [Go to top of page] Top of page Xbox Live and Microsoft Studios Games and Applications a. Xbox Live and Microsoft Studios Games and Applications. i. Personal Noncommercial Use. Xbox Live, Games for Windows Live and Microsoft Studios games, applications, services and content provided by Microsoft (collectively, the "Xbox Services") are only for your personal and noncommercial use. ii. Sharing Limited Account Information. As part of delivering the Xbox Services, we make information pertaining to your gamertag, gameplay, Your Content that you make public, and activity on and usage of any Xbox Service available for the operation and delivery of (a) other Xbox Services and (b) third-party games that use Xbox Services. If you choose to link your Microsoft Xbox Services account with your account on a non-Microsoft service (for example, a non-Microsoft game publisher of Third-Party Apps and Services), you agree that: (a) Microsoft may share limited account information (including without limitation gamertag, gamerscore, game score, game history, and friends list), with that non-Microsoft party as stated in the Microsoft Privacy Statement, and (b) if allowed by your Xbox privacy settings, the non-Microsoft party may also have access to Your Content from in-game communications when you are signed into your account with that non-Microsoft party. Also, if allowed by your Xbox privacy settings, Microsoft can publish your name, gamertag, gamerpic, motto, avatar, and games that you’ve played in communications to people on your Xbox friends list. iii. Your Content. As part of building the Xbox Services community, you grant to Microsoft, its affiliates and sublicensees a free and worldwide right to use, modify, reproduce, distribute, and display Your Content or your name, gamertag, motto, or avatar that you posted for any Xbox Services. iv. Game Managers. Some games may use game managers and hosts. Game managers and hosts are not authorized Microsoft spokespersons. Their views do not necessarily reflect those of Microsoft. v. Kids on Xbox. If you are a minor using Xbox Live, your parent or guardian may have control over many aspects of your account and may receive reports about your use of Xbox Live. vi. Game Currency or Virtual Goods. The Services may include a virtual, game currency (like gold, coins or points) that may be purchased from Microsoft using actual monetary instruments if you have reached the age of "majority" where you live. The Services may also include virtual, digital items or goods that may be purchased from Microsoft using actual monetary instruments or using game currency. Game currency and virtual goods may never be redeemed for actual monetary instruments, goods or other items of monetary value from Microsoft or any other party. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the game currency and virtual goods in the Services only, you have no right or title in or to any such game currency or virtual goods appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Microsoft may at any time regulate, control, modify and/or eliminate the game currency and/or virtual goods as it sees fit in its sole discretion. vii. Software Updates. For any device that can connect to Xbox Services, we may automatically check your version of Xbox console software or the Xbox App software and download Xbox console or Xbox App software updates or configuration changes, including those that prevent you from accessing the Xbox Services, using unauthorized Xbox games or Xbox apps, or using unauthorized hardware peripheral devices with an Xbox console. viii. Gamertag Expiration. You must sign into Xbox Services at least once in a five-year period, otherwise you may lose access to the gamertag associated with your account and that gamertag may become available for use by others. [Go to top of page] Top of page Store b. Store. "Store" refers to a Service that allows you to browse, download, purchase, and rate and review applications (the term "application" includes games) and other digital content. These Terms cover use of Office Store, Xbox Store and Windows Store. "Office Store" means a Store for Office products and apps for Office, SharePoint, Exchange, Access and Project (2013 versions or later). "Windows Store" means a Store for Windows devices such as phone, PC and tablet, or any other experience that is branded Windows Store. "Xbox Store" means a Store for Xbox ONE and Xbox 360 consoles, or any other experience that is branded Xbox Store. i. License Terms. We will identify the publisher of each application available in the relevant Store. The Standard Application License Terms ("SALT") at the end of these Terms are an agreement between you and the application publisher setting forth the license terms that apply to your use of an application you download through the Windows Store or the Xbox Store, unless different license terms are provided with the application. Section 5 of these Terms applies to any Third-Party Apps and Services acquired through a Store. Applications downloaded through the Office Store are not governed by the SALT and have separate license terms that apply. ii. Updates. Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the relevant Store. You can change your Store or system settings if you prefer not to receive automatic updates to Store applications. However, certain Office Store applications that are entirely or partly hosted online may be updated at any time by the application developer and may not require your permission to update. iii. Ratings and Reviews. If you rate or review an application in the Store, you may receive email from Microsoft containing content from the publisher of the application. Any such email comes from Microsoft; we do not share your email address with publishers of applications you acquire through the Store. iv. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms. [Go to top of page] Top of page Microsoft Family Features c. Microsoft Family Features. Parents and kids can use Microsoft family features to build trust based on a shared understanding of what behaviors, websites, apps, games, physical locations, and spending is right in their family. Parents can create a family by going to https://account.microsoft.com/family (or by following the instructions on their Windows device or Xbox console) and inviting kids or other parents to join. There are many features available to family members, so please carefully review the information provided when you agree to create or join a family. By creating or joining a family, you represent that you will use the family in accordance with its purpose and won’t use it in an unauthorized way to unlawfully gain access to another person’s information. [Go to top of page] Top of page Group Messaging d. Group Messaging. Various Microsoft services allow you to send messages to others via voice or SMS ("messages"), and/or allow Microsoft and Microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf. WHEN YOU INSTRUCT MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES TO SEND SUCH MESSAGES TO YOU OR TO OTHERS, YOU REPRESENT AND WARRANT TO US THAT YOU AND EACH PERSON YOU HAVE INSTRUCTED US TO MESSAGE CONSENT TO RECEIVE SUCH MESSAGES AND ANY OTHER RELATED ADMINISTRATIVE TEXT MESSAGES FROM MICROSOFT AND MICROSOFT-CONTROLLED AFFILIATES. "Administrative text messages" are periodic transactional messages from a particular Microsoft service, including but not limited to a "welcome message" or instructions on how to stop receiving messages. You or group members no longer wishing to receive such messages can opt-out of receiving further messages from Microsoft or Microsoft-controlled affiliates at any time by following the instructions provided. If you no longer wish to receive such messages or participate in the group, you agree that you will opt out through the instructions provided by the applicable program or service. If you have reason to believe that a group member no longer wishes to receive such messages or participate in the group, you agree to remove them from the group. You also represent and warrant to us that you and each person you have instructed us to message understands that each group member is responsible for the costs of any message charges assessed by his or her mobile carrier, including any international message charges that may apply when messages are transmitted from US-based numbers. [Go to top of page] Top of page Skype and GroupMe e. Skype and GroupMe. i. No Access to Emergency Services. There are important differences between traditional telephone services and Skype. Skype is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations, or law. Skype’s software and products are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). You acknowledge and agree that: (i) it is your responsibility to purchase traditional wireless (mobile) or fixed-line telephone services that offer access to Emergency Services, and (ii) Skype is not a replacement for your primary telephone service. ii. APIs or Broadcasting. If you want to use Skype in connection with any broadcast, you must comply with the "Broadcast TOS" at http://www.skype.com/legal/broadcast. If you want to use any application program interface ("API") exposed or made available by Skype you must comply with the applicable licensing terms, which are available at www.skype.com/go/legal. iii. Fair Use Policies. Fair usage policies may apply to your use of Skype. Please review these policies which are designed to protect against fraud and abuse and may place limits on the type, duration or volume of calls or messages that you are able to make. These policies are incorporated in these Terms by reference. You can find these policies at: http://www.skype.com/en/legal/fair-usage/ iv. Mapping. Skype contains features that allow you to submit information to, or plot yourself on a map using, a mapping service. By using those features, you agree to these Terms and the Google Maps terms available at http://www.google.com/intl/en_ALL/help/terms_maps.html. v. Government Users. If you wish to use a business account and/or Skype Manager on behalf of the U.S. Government or an agency of the U.S. Government, these Terms do not apply to that use. For applicable terms and/or further information, please contact usgovusers@skype.net. vi. Personal/Noncommercial Use. The use of Skype is for your personal and noncommercial use. You are permitted to use your personal Skype account at work for your own business communications. vii. Skype Number/Skype To Go. If Skype provides you with a Skype Number or Skype To Go number, you agree that you do not own the number or have a right to retain that number forever. viii. Skype Manager. A "Skype Manager Admin Account" is a Skype account that is created and managed by you, acting as an individual administrator of a Skype Manager group and not as a business entity. Personal Skype accounts can be linked to a Skype Manager group ("Linked Account"). You may appoint additional administrators to your Skype Manager group subject to their acceptance of these Terms. If you allocate Skype Numbers to a Linked Account, you are responsible for compliance with any requirements related to the residency or location of your Linked Account users. If you choose to unlink a Linked Account from a Skype Manager group, any allocated subscriptions, Skype Credit or Skype Numbers will not be retrievable and Your Content or material associated with the unlinked Skype account will no longer be accessible by you. You agree to process any personal information of your Linked Account users in accordance with all applicable data protection laws. ix. Skype Charges. Skype paid products are sold to you by Skype Communications S.à.r.l, however the seller-of-record accountable for taxes is Skype Communications US Corporation. Taxes means the amount of taxes, regulatory fees, surcharges or other fees that we are required to collect from you and must pay to any United States (federal, state or local) or foreign government, agency, commission or quasi-governmental body as a result of our provision of Skype paid products to you. These taxes are listed at www.skype.com/go/ustax. All prices for Skype paid products are inclusive of a charge for your product and a charge for taxes, unless otherwise stated. The charges payable for calling phones outside of a subscription consist of a connection fee (charged once per call) and a per-minute rate as set out at www.skype.com/go/allrates. Call charges will be deducted from your Skype Credit balance. Skype may change its calling rates at any time without notice to you by posting such change at www.skype.com/go/allrates. The new rate will apply to your next call after publication of the new rates. Please check the latest rates before you make your call. Fractional call minutes and fractional cent charges will be rounded up to the next whole unit. x. Skype Credit. Skype does not guarantee that you will be able to use your Skype Credit balance to purchase all Skype paid products. If you do not use your Skype Credit for a period of 180 days, Skype will place your Skype Credit on inactive status. You can reactivate the Skype Credit by following the reactivation link at http://www.skype.com/go/store.reactivate.credit. You can enable the Auto Recharge feature when you buy Skype Credit by ticking the appropriate box. If enabled, your Skype Credit balance will be recharged with the same amount and by your chosen payment method every time your Skype account balance goes below the threshold set by Skype from time to time. If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Skype Credit balance will be recharged with the amount necessary to purchase your next recurring subscription. You can disable Auto-Recharge at any time by accessing and changing your settings in your Skype account. xi. International Message Fees. GroupMe currently uses US-based numbers for each group created. Every text message sent to or received from a GroupMe number will count as an international text message sent to or received from the United States. Please check with your provider for the associated international rates. [Go to top of page] Top of page Bing and MSN f. Bing and MSN. i. Bing and MSN Materials. The articles, text, photos, maps, videos, video players, and third-party material available on Bing and MSN are for your noncommercial, personal use only. Other uses, including downloading, copying, or redistributing these materials, are permitted only to the extent specifically authorized by Microsoft or rights holders, or allowed by applicable copyright law. Microsoft or other rights holders reserve all rights to the material not expressly granted by Microsoft under the license terms, whether by implication, estoppel, or otherwise. ii. Bing Maps. You may not use Bird’s eye imagery of the United States, Canada, Mexico, New Zealand, Australia or Japan for governmental use without our separate written approval. iii. Rewards. Rewards (the "Program") enables you to earn redeemable points for your qualified searches, acquisitions, and other offers from Microsoft. A search is the act of an individual user manually entering text for the good faith purpose of obtaining Bing search results for such user’s own research purposes and does not include any query entered by a bot, macro, or other automated or fraudulent means of any kind ("Search"). An acquisition is the process of purchasing goods or downloading and acquiring a license for digital content from Microsoft, whether free or paid ("Acquisition"). Microsoft in its sole discretion determines what constitutes a Search or Acquisition that qualifies for points. Your earned points can be redeemed for items ("Rewards") in the redemption center. For more information see the Frequently Asked Questions ("FAQ"). 1. Program Requirements. You need a valid Microsoft account and your devices must meet the minimum system requirements. The Program is open to users who reside in the markets listed in the FAQ. Individuals can have no more than one Program account, even if an individual has multiple email addresses, and households are limited to six accounts. The Program is solely for your personal and noncommercial use. 2. Points. Except for donating your points to a nonprofit organization listed in the redemption center, you cannot transfer points. Points are not your personal property, and you may not obtain any cash or money in exchange for them. Points are awarded to you on a promotional basis. You cannot purchase points. Microsoft may limit the quantity of points or Rewards per person, per household, or over a set period (e.g., a day). You may redeem no more than 550,000 points per calendar year in the Program. Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Microsoft or third parties. Unredeemed points expire if you do not earn or redeem any points for 90 days. 3. Rewards. You may redeem your points by visiting the redemption center or you may contribute points to a listed nonprofit organization. There may be a limited number of a particular Reward available, and those Rewards will be delivered on a first-come, first-served basis. You may be required to provide additional information, like your mailing address and a telephone number (other than a VOIP or toll-free number), and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for Rewards. Once you order a Reward, you cannot cancel it or return it for a refund of points. If you order a Reward that is out of stock or unavailable for other reasons Microsoft determines in its sole discretion, we may substitute a Reward of comparable value or refund your points. Microsoft may update the Rewards offered in the redemption center or discontinue to offer specific Rewards. Some Rewards may have age eligibility requirements. You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward. Rewards will be emailed to the email address you provide when ordering your Reward, so keep your email address up to date. Rewards that are undeliverable will not be reissued and are therefore forfeited. Rewards are not for resale. 4. Cancelling Your Participation in the Program. Your Program account will be cancelled if you do not log in at least once in a 180-day period. Additionally, Microsoft reserves the right to cancel the Program account of a specific user without cause and without providing a reason. Upon Program cancellation (by you or us) or if the Program is suspended, you will have 90 days to redeem your points; otherwise, those points will be forfeited. At the point of cancellation, your right to use the Program and accrue future points ends. 5. Other Conditions. Microsoft reserves the right to disqualify you; disable your access to the Program or your Rewards account; and/or withhold points, Rewards and charitable contributions, if Microsoft believes you are tampering with or abusing any aspect of the Program or may be engaging in activities that violate these Terms. iv. Bing Places. When you provide your Data or Your Content to Bing Places, you grant Microsoft a worldwide, royalty-free intellectual property license to use, reproduce, save, modify, aggregate, promote, transmit, display or distribute as part of a service, and sub-license those rights to third parties. [Go to top of page] Top of page Cortana g. Cortana. Cortana is Microsoft’s personal assistant Service. Cortana provides information for your planning purposes only and you should exercise your own independent judgment when reviewing and relying on this information. Microsoft does not guarantee the accuracy, completeness, reliability, availability or timeliness of inferences and personalized experiences provided by Cortana. Microsoft is not responsible if a Cortana communication management feature delays or prevents you from reviewing or sending a communication. [Go to top of page] Top of page Outlook.com h. Outlook.com. The Outlook.com (or @msn, @hotmail, or @live) email address that you use to create your Microsoft account will be unique to you for as long as your Outlook.com inbox or Microsoft account is still active. In the event your Outlook.com inbox or Microsoft account is closed either by you or by Microsoft pursuant to these Terms, the email address or username may be recycled into our system and assigned to another user. [Go to top of page] Top of page Office-based Services i. Office-based Services. Office consumer-based services, applications, or products (including Sway and OneNote) are for your personal, noncommercial use, unless you have commercial use rights under a separate agreement with Microsoft. [Go to top of page] Top of page Microsoft Health Services j. Microsoft Health Services. i. HealthVault. HealthVault is intended for you to store your personal health-related information and information about other people (such as your family) with their consent. HealthVault accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only. The HealthVault Service does not hold records for healthcare providers or other medical or case management purposes. For example, HealthVault records are not designated record sets as defined under U.S. regulations. If a healthcare provider decides to include any data made available from HealthVault in its records, it should store a copy in its own system. If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record, and view the record's data including how and when the record is used. Microsoft does not support non-Microsoft credentials (such as Facebook and OpenID), so HealthVault customer support will not be able to help with sign-in issues for those. If you lose your sign-in credentials, or if the account where you got your credentials closes, you will not be able to recover your stored data. To help maintain continued access, we suggest you use more than one sign-in credential with your HealthVault account. Microsoft does not endorse or control, and is not responsible for, the operation, support, or security of non-Microsoft credentials you may use. ii. Microsoft Health and Microsoft Band. Microsoft Health and the Microsoft Band are not medical devices and are intended for fitness and wellness purposes only. They are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. Before starting or modifying any activity or sleep program using Microsoft Health, consult your physician. Microsoft is not responsible for any decision you make based on information you receive from Microsoft. [Go to top of page] Top of page Digital Goods k. Digital Goods. Through Microsoft Groove, Microsoft Movies & TV, Store and any other related and future services, Microsoft may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material ("Digital Goods") that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Microsoft or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms, copyright law, and the usage rules located at http://go.microsoft.com/fwlink/p/?LinkId=723143. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Microsoft or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice. [Go to top of page] Top of page OneDrive l. OneDrive. i. Storage Allocation. If you have more content stored in your OneDrive account than is provided to you under the terms of your free or paid subscription service for OneDrive and you do not respond to notice from Microsoft to fix your account by removing excess content or moving to a new subscription plan with more storage, we reserve the right to close your account and delete or disable access to Your Content on OneDrive. ii. Service Performance. Depending on factors such as your equipment, internet connection and Microsoft’s efforts to maintain the performance and integrity of its service, you may occasionally experience delays in uploading or syncing content on OneDrive. [Go to top of page] Top of page Binding Arbitration and Class Action Waiver 15. Binding Arbitration and Class Action Waiver If You Live In (or If a Business Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft, Skype (see section 10) and Microsoft’s affiliates and, if you use Skype Pay by Mobile, your mobile phone carrier. a. Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Microsoft account, your Skype account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at http://go.microsoft.com/fwlink/?LinkId=245499. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved. c. Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements. d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. e. Arbitration Fees and Payments. i. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. ii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. f. Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. g. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see section 15(a)) within one year from when it first could be filed. Otherwise, it's permanently barred. h. Rejecting Future Arbitration Changes. You may reject any change we make to section 15 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 15(b). If you do, the most recent version of section 15 before the change you rejected will apply. i. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of section 15 is found to be illegal or unenforceable, that provision will be severed but the rest of section 15 still applies. j. Mobile Phone Carrier as Third-Party Beneficiary. If you use Skype Pay by Mobile, your mobile phone carrier is a third-party beneficiary of your agreement with Microsoft and Skype to resolve disputes through informal negotiation and arbitration. Your mobile phone carrier agrees to do everything Microsoft and Skype agree to do in section 15. [Go to top of page] Top of page Miscellaneous 16. Miscellaneous. This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Microsoft for your use of the Services. It supersedes any prior agreements between you and Microsoft regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 15(i) says what happens if parts of section 15 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 15(i) prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. 17. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit http://go.microsoft.com/fwlink/?linkid=141397 and http://www.microsoft.com/exporting. 18. Unsolicited Ideas. Microsoft does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Microsoft through the Services or otherwise, you acknowledge and agree that Microsoft shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback. [Go to top of page] Top of page NOTICES Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers. Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network. Copyright and trademark notices. The Services are copyright © 2016 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, WA 98052, U.S.A. All rights reserved. Microsoft and the names, logos, and icons of all Microsoft products, software, and services may be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft website servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved. Medical notice. Microsoft does not provide medical or any other health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. Stock quotes and index data (including index values). © 2013 Morningstar, Inc. All Rights Reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results. You may not use any of the Dow Jones IndexesSM, index data, or the Dow Jones marks in connection with the issuance, creation, sponsorship, trading, marketing, or promotion of any financial instruments or investment products (for example, derivatives, structured products, investment funds, exchange-traded funds, investment portfolios, etc., where the price, return and/or performance of the instrument or investment product is based on, related to, or intended to track any of the Indexes or a proxy for any of the Indexes) without a separate written agreement with Dow Jones. Financial notice. Microsoft isn't a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn't advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice. Notice about the H.264/AVC, MPEG-4 Visual, and VC-1 Video Standards. The software may include H.264/AVC, MPEG-4 Visual and/or VC-1 codec technology that may be licensed by MPEG LA, L.L.C. This technology is a format for data compression of video information. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE H.264/AVC, MPEG-4 VISUAL, AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NONCOMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE STANDARDS ("VIDEO STANDARDS") AND/OR (B) DECODE H.264/AVC, MPEG-4 VISUAL, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE THE MPEG LA WEBSITE. For clarification purposes only, this notice does not limit or inhibit the use of the software provided under these Terms for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of material with the VIDEO STANDARDS compliant technologies for distribution to third parties. [Go to top of page] Top of page STANDARD APPLICATION LICENSE TERMS STANDARD APPLICATION LICENSE TERMS WINDOWS STORE AND XBOX STORE These license terms are an agreement between you and the application publisher. Please read them. They apply to the software applications you download from the Windows Store or the Xbox Store, including any updates or supplements for the application, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION. The application publisher means the entity licensing the application to you, as identified in the Windows Store or Xbox Store. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS; EXPIRATION. For applications you download from the Windows Store: (a) you may install and use the application on a Windows device or devices that are affiliated with the Microsoft account that you use to access the Windows Store; and (b) the device limit for the application is displayed in the Store or, for some applications downloaded on the Xbox console, in our Usage Rules. For applications you download from the Xbox Store, you may install and use the application on Xbox consoles as described in our Usage Rules. Microsoft reserves the right to modify our Usage Rules at any time. 2. INTERNET-BASED SERVICES. a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply. b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means. 3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your agreement with Microsoft, any associated license rights will terminate. Application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not: a. Work around any technical limitations in the application. b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation. c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation. d. Publish or otherwise make the application available for others to copy. e. Rent, lease, or lend the application. f. Transfer the application or this agreement to any third party. 4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes. 5. TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use. For information on Microsoft branded products, go to the Microsoft exporting website. 6. SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. Microsoft, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application. 7. ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between you and application publisher for the application. 8. APPLICABLE LAW. a. United States and Canada. If you acquired the application in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so. 10. DISCLAIMER OF WARRANTY. The application is licensed "as is," "with all faults," and "as available." You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, Microsoft, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers ("Covered Parties"), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can't change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher. This limitation applies to: Anything related to the application or services made available through the application; and Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. It also applies even if: This remedy doesn’t fully compensate you for any losses; or The application publisher knew or should have known about the possibility of the damages. [Go to top of page] Top of page Covered Services The following products, apps and services are covered by the Microsoft Services Agreement, but may not be available in your market. Account.microsoft.com Advertising.microsoft.com Arrow Launcher Ask Cortana Bing Bing Apps Bing Desktop Bing Dictionary Bing Image Bot Bing in the Classroom Bing Input Bing Maps Bing Music Bot Bing Navigation Bing News Bot Bing Reader Bing Rewards Bing Search app Bing Toolbar Bing Torque Bing Translator Bing Webmaster Bing Wikipedia Browser Bing.com Bingplaces.com Choice.microsoft.com Citizen Next Conditional Action Programmer Cortana Default Homepage and New Tab Page on Microsoft Edge Dev Center App Device Health App Education.minecraft.net Groove Groove Music Pass GroupMe HealthVault Home Maps App Microsoft account Microsoft Family Microsoft Health Microsoft Movies & TV Microsoft Support and Recovery Assistant for Office 365 Microsoft Translator Microsoft Wallpaper Microsoft XiaoIce MSN Dial Up MSN Explorer MSN Food & Drink MSN Health & Fitness MSN Money MSN News MSN Premium MSN Sports MSN Travel MSN Weather MSN.com News Pro App and Website Next Lock Screen Office 365 Consumer Office 365 Home Office 365 Personal Office 365 University Office Online Office Store Office Sway Office.com OneDrive OneDrive.com OneNote Onenote.com Outlook.com Paint 3D Preview Picturesque Lock Screen Pix Lock Remix 3D Send Skype Skype in the Classroom Skype Manager Skype Qik Skype WiFi Skype.com Smart Search Spreadsheet Keyboard Store Sway.com Tossup Translator UrWeather Video Breakdown Windows Live Mail Windows Live Writer Windows Movie Maker Windows Photo Gallery Windows Store Word Flow Xbox and Windows Games published by Microsoft Xbox Live Xbox Live Gold Xbox Music Xbox Store Microsoft Privacy Statement Last Updated: September 2016 What's new? Microsoft participates in the EU-U.S. Privacy Shield framework. To learn more visit go.microsoft.com/fwlink/?LinkID=822639. Your privacy is important to us. This privacy statement explains what personal data we collect from you and how we use it. We encourage you to read the summaries below and to click on "Learn More" if you'd like more information on a particular topic. The product-specific details sections provide additional information relevant to particular Microsoft products. This statement applies to the Microsoft products listed below, as well as other Microsoft products that display this statement. References to Microsoft products in this statement include Microsoft services, websites, apps, software and devices. Personal Data We Collect Microsoft collects data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create a Microsoft account, submit a search query to Bing, speak a voice command to Cortana, upload a document to OneDrive, purchase an MSDN subscription, sign up for Office 365, or contact us for support. We get some of it by recording how you interact with our products by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties. Learn More Top of page How We Use Personal Data Microsoft uses the data we collect to provide you the products we offer, which includes using data to improve and personalize your experiences. We also may use the data to communicate with you, for example, informing you about your account, security updates and product information. And we use data to help show more relevant ads, whether in our own products like MSN and Bing, or in products offered by third parties. However, we do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target ads to you. Learn More Top of page Reasons We Share Personal Data We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. We also share data with Microsoft-controlled affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Microsoft. Learn More Top of page How to Access & Control Your Personal Data You can view or edit your personal data online for many Microsoft products. You can also make choices about Microsoft's collection and use of your data. How you can access or control your personal data will depend on which products you use. You can always choose whether you wish to receive promotional email, SMS messages, telephone calls and postal mail from Microsoft. You can also opt out from receiving interest-based advertising from Microsoft by visiting our opt-out page. Learn More Top of page Cookies & Similar Technologies Microsoft uses cookies (small text files placed on your device) and similar technologies to provide our websites and online services and help collect data. Cookies allow us, among other things, to store your preferences and settings; enable you to sign-in; provide interest-based advertising; combat fraud; and analyze how our websites and online services are performing. Microsoft apps use other identifiers, such as the advertising ID in Windows, for similar purposes. We also use web beacons to help deliver cookies and gather usage and performance data. Our websites may include web beacons and cookies from third-party service providers. You have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons. Your browser and other choices may impact your experiences with our products. Learn More Top of page Microsoft account With a Microsoft account, you can sign into Microsoft products, as well as those of select Microsoft Partners. Signing into your account can enable improved personalization, provide seamless and consistent experiences across products and devices, and help you access and use cloud data storage and other enhanced features and settings. When you sign into your account to access a product, we create a record of that sign in. If you sign into a third-party service with your Microsoft account, you will be asked to consent to share the account data required by that service. Learn More Top of page Other Important Privacy Information Below you will find additional privacy information you may find important. You can also find more information on Microsoft's commitment to protecting your privacy at privacy.microsoft.com. Learn More Top of page Product-specific details: Bing Bing services include search and mapping services, as well as the Bing Toolbar and Bing Desktop apps. Bing services are also included within other Microsoft services, such as MSN Apps and Cortana, and Windows (which we refer to as Bing-powered experiences). When you use Bing services, we collect your search queries, location and other information about your interaction with our services. Learn More Top of page Cortana Cortana is your personal assistant. Cortana works best when you sign in and let her use data from your device, your personal Microsoft account, other Microsoft services, and third-party services you choose to connect. If you choose not to sign into Cortana, you can still chat with Cortana and use Cortana to help you search the web and your device. But if you don’t sign in, your experiences will be more limited and they will not be personalized. Learn More Top of page Groove Music/Movies & TV Groove Music lets you easily play your music collection, make playlists, buy music and stream custom radio stations. Microsoft Movies & TV allows you to play your video collection, and rent or buy movies and TV episodes. Microsoft will use data about the content you play in order to help you discover content that may interest you. Learn More Top of page Microsoft Health Services Microsoft Health services can help you understand and manage your health data. They include the Microsoft Band devices, Microsoft Health apps, HealthVault, and other related services. The Band helps you keep track of data like heart rate and steps taken. The Band can also use Cortana to take notes and receive notifications from your phone. The Microsoft Health app sends data to Microsoft's servers and allows you to manage and control the data. The app provides a channel for other apps on your phone to send notifications to the Band. HealthVault is a personal health platform that lets you gather, edit, add to, and store health data online. With HealthVault, you can also choose to share your health data with family, caregivers, and health care professionals. Microsoft Health services collect and use your data to provide the services, which includes improving and personalizing your experiences. Health data you provide to Microsoft through Microsoft Health services is not combined with data from other Microsoft services, or used for other purposes without your explicit consent. For example, Microsoft does not use your health record data to market or advertise to you without your opt-in consent. Learn More Top of page MSN MSN services include websites and a suite of apps. We collect information about the installation of MSN Apps and the devices on which they are installed. We also collect data about how you interact with MSN services, such as usage frequency and content viewed. Learn More Top of page Office Office is a collection of productivity applications including Word, Excel, PowerPoint, and Outlook among others. For more details about Outlook, see the Outlook section of this privacy statement. Various Office applications enable you to use content and functionality from other Microsoft and third-party connected services such as Bing. For detailed information about how to manage your privacy options, please see go.microsoft.com/fwlink/?LinkId=624445. If you work in an organization, your administrator can turn off connected services via Group Policy. Learn More Top of page OneDrive OneDrive lets you store and access your files on virtually any device. You can also share and collaborate on your files with others. Some versions of the OneDrive application enable you to access both your personal OneDrive by signing in with your personal Microsoft account and your OneDrive for Business by signing in with your work or school Microsoft account as part of your organization's use of Office 365. When you store content in OneDrive, that content will inherit the sharing permissions of the folder in which you store it. For example, if you store content in a public folder, the content will be public and available to anyone on the Internet who can find the folder. Learn More Top of page Outlook Outlook products are designed to improve your productivity through improved communications and include Outlook.com, Outlook applications, and related services. Outlook.com is Microsoft's primary consumer email service, and includes email accounts with addresses that end in outlook.com, live.com, hotmail.com, and msn.com. Outlook applications include desktop and mobile apps that permit you to manage email, calendar items, files, contacts, and other data. Learn More Top of page Silverlight Microsoft Silverlight helps you to access and enjoy rich content on the Web. Silverlight enables websites and services to store data on your device. Other Silverlight features involve connecting to Microsoft to obtain updates, or to Microsoft or third-party servers to play protected digital content. Learn More Top of page Skype Skype lets you send and receive voice, video and instant message communications. As part of providing these features, Microsoft collects, uses and shares personal data, including data about your communications, as described in more detail in Learn More. Learn More Top of page Store The Store is an online service that allows you to browse, download, purchase, rate, and review applications and other digital content. It includes the Windows Store, Xbox Store, and Office Store. Learn More Top of page SwiftKey SwiftKey Keyboard and related apps and services collect and use data about how you type to learn your writing style and provide personalized autocorrect and predictive text that adapts to you. Learn More Top of page Windows Windows is a personalized computing environment that enables you to seamlessly roam and access services, preferences and content across your computing devices from phones to tablets to the Surface Hub. Rather than residing as a static software program on your device, key components of Windows are cloud-based, and both cloud and local elements of Windows are updated regularly, providing you with the latest improvements and features. In order to provide this computing experience, we collect data about you, your device, and the way you use Windows. And because Windows is personal to you, we give you choices about the personal data we collect and how we use it. Note that if your Windows device is managed by your organization (such as your employer or school), your organization may use centralized management tools provided by Microsoft or others to control device settings, device policies, software updates, data collection by us or the organization, or other aspects of your device. For more information about data collection and privacy in Windows, go to go.microsoft.com/fwlink/?LinkId=529552. Legacy versions of Windows (including Vista, 7, 8, and 8.1) are subject to their own privacy statements. Learn More Top of page Xbox Xbox Live is Microsoft's online gaming and entertainment service and social network. Xbox services can be accessed from a variety of devices, including Xbox consoles, PCs (including via xbox.com and the Xbox app), and mobile devices. Microsoft collects data about your use of Xbox services, which can include information collected by the Kinect sensor. Some data, such as your gamertag and game scores, can be seen by other users. Learn More Top of page Enterprise Products Enterprise Products are those Microsoft products and related offerings that that are offered or designed primarily for use by organizations and developers. They include subscription cloud services, such as Office 365, Microsoft Azure, Microsoft Dynamics CRM Online, Microsoft Intune, and Yammer, for which an organization (our "customer") contracts with Microsoft for the services (“Online Services”). They also include server and developer products customers run on their own premises, such as Windows Server, SQL Server, Visual Studio, and System Center (“On-Prem Products”). Some Enterprise Products have their own, separate privacy statements. The following notices explain specific privacy practices with respect to certain Microsoft products you may use: Enterprise and developer Online services In the event of a conflict between a Microsoft privacy statement the terms of any agreement(s) between a customer and Microsoft, the terms of those agreement(s) will control. MICROSOFT WINDOWS AZURE MARKETPLACE AGREEMENT DATED: February 2013 THANK YOU FOR CHOOSING MICROSOFT WINDOWS AZURE MARKETPLACE! Please read the following agreement carefully. This Microsoft Windows Azure Marketplace Agreement (“Agreement”) is a contract between you, corporation, or other legal entity (“you”) and Microsoft Corporation, One Microsoft Way, Redmond, Washington, USA, or based on your primary headquarters, one of the Microsoft Corporation affiliates identified in Section 15 (“Microsoft,” “we,” “us” or “our”). This Agreement applies to your access and use of the Microsoft online marketplace “Microsoft Microsoft Azure Marketplace”, including any Microsoft Azure Marketplace services, catalogues, data, applications, software, sites, information, materials, content and updates made available to you as part of such marketplace (“Marketplace Service”). If you intend to use any of the Marketplace Services in connection with your Microsoft Azure account (for example, running software obtained from the Microsoft Azure Marketplace in your Microsoft Azure account), such use is also governed by the Microsoft Online Services Agreement or Enterprise Agreement, as applicable, and terms referenced therein. By checking the box, below, you acknowledge that you have read this Agreement and agree to its terms, including the electronic delivery of notices and disclosures in connection with the Marketplace Service, that you are authorized to enter into this Agreement, and that your use of the Marketplace Services is for COMMERCIAL PURPOSES ONLY. If you do not or are unable to accept these terms or do not want to enter into this Agreement with Microsoft, please close this web page and exit this site. 1. HOW YOU MAY USE THE MARKETPLACE SERVICE. a. GENERAL. The Marketplace Service is an online service that enables you to identify and sign up for or purchase a subscription to data and applications made available by publishers via the Marketplace Service under a Marketplace Service unified provisioning and billing framework (such publishers’ data or applications collectively, “Marketplace Publisher Content”). Marketplace Publisher Content does not include applications or data listed on the Marketplace Service as “Catalog.” The “Catalog” applications and data are listed as a convenience for your information. The provisioning and billing for Catalog content will vary depending on the publisher’s practices and terms. Any terms, including payment, billing, privacy, and licensing are between you and the third party publisher of such Catalog content. Without limiting the foregoing, no right or license to any Microsoft intellectual property is granted with respect to such Catalog content, , whether by implication, estoppel or otherwise, unless we are the publisher of the applicable Catalog Content. Marketplace Service APIs help developers and information workers to consume and manage Marketplace Publisher Content acquired through the Marketplace Service. You may access and use the Marketplace Service only through the portal site we designate for the Marketplace Service and only in accordance with the terms of this Agreement and the policies and procedures we designate for use of the Marketplace Service. Certain features and content, including Marketplace Publisher Content and Catalog content, identified or otherwise made available via the Marketplace Service may be made available to you through websites, online services, or applications operated and/or licensed by third parties. Your dealings with any of these third parties are solely between you and the applicable third party and may be governed by other terms of use or agreements that apply to such third party web sites, online services, or applications, and such Marketplace Publisher Content and Catalog content (collectively, “Third Party Offerings”).You acknowledge and agree that the Third Party Offerings are not owned, created, licensed, sponsored or endorsed by Microsoft. Microsoft does not monitor, control or assume any liability associated with Third Party Offerings and is not responsible for the quality, accuracy and/or nature of Third Party Offerings or any of its components. b. CONTENT. i. Your right to use Marketplace Publisher Content is governed by separate terms of use associated with the respective data or application provided by the publisher (“Publisher Terms of Use”). The Publisher Terms of Use is a binding agreement between you and the publisher; we are not a party to and are not bound by the Publisher Terms of Use, nor does it have any impact on your agreement with us or any of the terms of this Agreement (unless we are the publisher of the applicable Marketplace Publisher Content). Without limiting the foregoing, no right or license to any Microsoft intellectual property is granted with respect to the Marketplace Publisher Content, whether by implication, estoppel or otherwise, unless we are the publisher of the applicable Marketplace Publisher Content. For clarity, your use of the Marketplace Service is not conditioned on acceptance of Publisher Terms of Use. You may reject or decline such Publisher Terms of Use and continue to use the Marketplace Service as authorized in this Agreement, although you will not be permitted access to or use of the applicable Marketplace Publisher Content. ii. Some Marketplace Publisher Content or Catalog content may be designated “For Microsoft Azure Use Only” or words of similar effect. You agree that, notwithstanding any applicable Publisher Terms of Use, you will not download or transfer such content outside of Microsoft Azure unless we provide specific authorization to do so. iii. Catalog content is not a Marketplace service offering and is only listed on our Marketplace Service web pages as a convenience for you. All transactions and information exchange regarding Catalog content is entirely between you and the publisher of that content. iv. You understand that, by using the Marketplace Service, you may encounter information and offerings that include content that you deem offensive, outdated, inaccurate or otherwise objectionable. Access to and use of content made available through the Marketplace Service is at your own risk. Microsoft Parties (defined below) shall not be liable for your access to or use of any Third Party Offerings, including without limitation Marketplace Publisher Content. v. Microsoft’s sole obligation and your exclusive remedy for any claims of copyright infringement is takedown and removal of the infringing content from the Marketplace Service, as further described in http://www.microsoft.com/info/cpyrtInfrg.htm. vi. Content made available via the Marketplace Service may contain financial data. Microsoft is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Marketplace Service is an offer or solicitation to buy or sell any security. Neither Microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Marketplace Service, including any datasets or financial applications, are intended to be professional advice, including but not limited to, investment or tax advice. vii. Microsoft organizes and displays Marketplace Publisher Content and Catalog content in various content categories within the Marketplace Service. Categorization is provided for your convenience only. Microsoft makes no representation or warranty that Marketplace Publisher Content or Catalog content will be placed in all relevant content categories or that each listing, description or display of such content, including datasets or applications, is accurate, complete or up to date. viii. If you are interested in making application(s) and/or data available on the Marketplace Service, you may use the Microsoft Azure Marketplace Publisher Portal to submit application(s) and/or data to Microsoft. Your submission of Marketplace Publisher Content is subject to the Microsoft Azure Marketplace Publisher and Catalog Listing Agreement, which is available at the Microsoft Azure Marketplace Publisher Portal. Microsoft is not under any obligation to accept any application(s) or data that you submit. If Microsoft accepts applications(s) and/or data that you submit, you must accept the Microsoft Azure Marketplace Publisher and Catalog Listing Agreement, which is available at the Microsoft Azure Marketplace Publisher Portal, prior to Microsoft making such application(s) and/or data available on the Marketplace Service. If Microsoft does not accept your applications(s) or data, Microsoft is not under any obligation to return to you anything that you submitted. You may only use the Microsoft Azure Marketplace Publisher Portal to submit application(s) and/or data to Microsoft. c. MARKETPLACE SERVICE APIS. Subject to your compliance with the terms of this Agreement and the additional conditions provided below, you may use the Marketplace Service APIs made available to you by Microsoft to write, develop or host online applications, web sites, or other online services that interface with the Marketplace Service to access the applicable Marketplace Publisher Content (your “Applications”). Additional Conditions Regarding Marketplace Service Application Programing Interfaces (APIs): § Your Applications must also conform to the Publisher Terms of Use for the Marketplace Publisher Content that your Application(s) consume, and any additional technical specifications, documentation or policies provided or made available to you by Microsoft from time to time. § Microsoft may limit the number of requests that you can make to the Marketplace Service and Marketplace Publisher Content to protect our system or to enforce reasonable limits on your use of the Marketplace Service or Marketplace Publisher Content. Additionally, publishers may place restrictions on the number of requests that you can make to their respective content, which will be enforced by Microsoft (“Specific throttling”). Specific throttling limits may be displayed on the publisher’s content detail page for which they apply. The Specific throttling limits may be changed at any time, with or without notice. § Microsoft may change, deprecate or republish Marketplace Service APIs from time to time. It is your responsibility to ensure that calls made to the Marketplace Service are compatible with then-current Marketplace Service APIs. You further acknowledge that we may change or remove features or functionality of the Marketplace Service at any time, with or without prior notice to you. d. MARKETPLACE SERVICE SUPPLEMENTAL SOFTWARE. You may receive or interact with software that enables or enhances your use of Marketplace Service (but that are not Marketplace Publisher Content or Catalog content) (the “Marketplace Supplemental Software”): i. If you receive Marketplace Supplemental Software from us: a) Your use of that software is under the terms of the license that is presented to you for that software. We reserve all other rights to such software not expressly granted by us under the license terms, whether by implication, estoppel or otherwise. Unless we notify you otherwise, your license to use the software will end on the earlier of (i) the date Your Account (see Section 3) that uses the software terminates or (ii) termination/cancellation of the Marketplace Service, and you must promptly uninstall the software. We may disable the software after such event. You acknowledge and agree that we may disable the software upon expiration or termination of your rights to use the software. b) If such software has no separate license, then we grant you, subject to the terms and conditions of this Agreement, a limited, personal, non-exclusive, revocable license to use the software only for and during the authorized use of the Marketplace Service to which the software relates, unless other rights or limitations are stated in this Agreement. You may not copy, modify or create derivative works, publish, transmit, distribute, sell or attempt to sell or transfer, or otherwise use or exploit any software unless we or our suppliers have expressly allowed you to do so. You will not disassemble, decompile, or reverse engineer any software associated with the Marketplace Service, except and only to the extent that the law expressly permits this activity. We reserve all other rights to the software not expressly granted by us under the license terms, whether by implication, estoppel or otherwise. c) We may automatically check your version of the software. We may also automatically download upgrades to the software to your computer or other device on which the software is installed to update, enhance and further develop the Marketplace Service. You acknowledge and agree that we may automatically check your version of the software and download upgrades as provided in this subsection. ii. Marketplace Supplemental Software consisting of third party scripts or code linked to or referenced from the Marketplace Service are licensed to you by the third parties that own such code, not by Microsoft. 2. HOW YOU MAY NOT USE THE MARKETPLACE SERVICE. a. You may not interfere or attempt to interfere in any manner with the functionality or proper performance of the Marketplace Service or any of its associated technologies and services, including the availability or accessibility of Third Party Offerings. b. You may not access or use the Marketplace Service for any unlawful or deceptive purpose or in any way that is illegal or promotes illegal activities. Without limitation, you may not access or use the Marketplace Service in any manner that: i. might be discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, ii. is defamatory, offensive, malicious or harmful to any person or entity, iii. would violate local, state, federal or other applicable consumer privacy regulations, or iv. would compile or use any information obtained through the Marketplace Service for the purpose of spamming, unsolicited sales or any advertising, marketing or other activities that are impermissible under Microsoft’s anti-spamming policy at http://privacy.microsoft.com/en-us/anti-spam.mspx. c. You may not use the Marketplace Service (or any component thereof) to build a competitive service or to otherwise copy the design, functionality and/or user interfaces within the Marketplace Service. Further, you may not (directly or indirectly) offer or provide the Marketplace Service as a service to third parties. You are not permitted to sell, assign, lease, rent, transfer, broadcast, act as a service bureau, distribute or grant rights in and to the Marketplace Service to any third party. You are also prohibited from 'framing', 'mirroring’, linking to, or incorporating the Marketplace Service or any of its components within your own online environment. d. You may not remove, obscure, or alter any notice of any trademarks, service marks, service or trade names, logos, and other proprietary designations of Microsoft, its affiliates or its suppliers. 3. MARKETPLACE SERVICE ACCOUNT. a. ACCOUNT REGISTRATION. To obtain Marketplace Publisher Content via the Marketplace Service, you must agree to this Agreement and create a Marketplace Service account (“Your Account”) with your Windows Live ID. Your Account user ID and password, along with any assigned keys or other credentials provided to you must be treated as confidential. Microsoft Parties (defined below) will not be liable for any loss resulting from the unauthorized use of your Windows Live ID, Your Account password or any assigned access keys or credentials. b. WINDOWS LIVE ID. Windows Live ID is used for authentication. Windows Live ID is a multi-site authentication service that helps you to sign in to web sites and conduct e-commerce transactions. You can find out more about Windows Live ID by going to the Windows Live ID web site at https://accountservices.passport.net/PPNetworkHome.srf?lc=1033. The Windows Live ID privacy statement at http://privacy.microsoft.com/en-us/default.aspx sets forth your and our rights and responsibilities for information you provide as part of Windows Live ID. c. ACCOUNT USE. You are responsible for all activity that takes place with Your Account (including your Billing Account), including all use by your employees or other authorized agents, who must comply with all of the terms of this Agreement. You may not access anyone else’s account at any time without the express permission of the account holder. 4. PAYMENT. The Marketplace Publisher Content made available through the Marketplace Service portal include a variety of offerings, some of which are made available for a fee (“Paid Subscription(s)”) and others that are made available at no charge (“No Fee Subscription(s)”). You may also be offered a subscription on a trial basis (“Trial Subscription(s)”). In order to access Paid Subscriptions and Trial Subscriptions, you will need to create a billing account(s) (“Billing Account(s)“). If you have a Billing Account(s), in consideration of your use of any Paid Subscriptions and Trial Subscriptions, you agree to pay applicable fees in the amounts listed in the respective Paid Subscriptions detail pages and as described below. When you create your Billing Account for purposes of subscribing to Paid Subscriptions or Trial Subscriptions, you must enter a valid payment method. You must be authorized to use the payment method. You authorize us to charge you for the Paid Subscription(s) using your payment method and for any Paid Subscription(s) for which you choose to sign-up or use while this Agreement is in force. For Trial Subscriptions, you will not be charged for Trial Subscription(s) during the trial offer period. If you do not cancel your Trial Subscription(s) within the trial offer period, such Trial Subscription(s) will be converted to Paid Subscription(s) and you will be charged accordingly. For any Paid Subscription offers with rates on a periodic basis, you agree to pay monthly charges in advance. We may charge you a different amount than what you approved (subject to local taxes and other applicable charges). If the amount is different than the amount you authorized or the amount we charged you in the previous month, we will tell you the amount and the date of the charge at least 10 days before your scheduled billing date. In addition, for any Paid Subscription(s), we may bill you for more than one of your prior billing periods together for amounts that have not been paid or processed. Other purchases (such as a one-time download) will be billed at the time you make the purchase. If we informed you that the Paid Subscription(s) will be provided indefinitely or automatically renewed, we may automatically renew your Paid Subscription(s) and you authorize us to charge you for any renewal term. You may add additional payment methods to your Billing Account. If the primary method you have designated for a particular service is unavailable or invalid for any reason, you authorize us to charge any other payment method you may have on file with us. For any Billing Accounts you create, you also agree to the following: a. Updates to Your Billing Account. You must keep all information in your Billing Account current, including your billing address and the expiration date of your payment card, otherwise we may not be able to process a payment and any Paid Subscription to which you have subscribed may be suspended until you update your Billing Account information. You can access your Billing Account at https://billing.microsoft.com, where you can make changes to your Billing Account. You authorize us to use any updated account information regarding your payment method provided by your issuing bank or the applicable payment network. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your Paid Subscription(s). Your notice to us will not affect charges we submit to your Billing Account before we reasonably could act on your request. b. Prices and Price Increases. Prices for Paid Subscriptions may change from time to time, but we will tell you before any such change. If there is a specific time length and price for your Paid Subscription offer, then that price will remain in force for that time. After the offer period ends, your use of the Paid Subscription content will be charged at the new price. We will tell you the amount and the date of the charge at least 10 days before your scheduled billing date. If your Paid Subscription to the Marketplace Publisher Content is on a periodic basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change. If you do not agree to these changes, then you must cancel and stop using the Paid Subscription content before the changes take place. If you cancel your subscription, then your subscription ends at the end of your current subscription time length or, if we bill your Billing Account on a periodic basis, at the end of the billing period in which you cancelled. Currency exchange settlements are based on your agreement with your payment method provider. c. Taxes. The prices for Paid Subscriptions do not include any taxes. You are responsible for any taxes that you are legally obligated to pay including, but not limited to, paying Microsoft any applicable value added, sales or use taxes or like taxes that are permitted to be collected from you by Microsoft under applicable law. If any taxes are required by law to be withheld on payments made by you to Microsoft, you may deduct such taxes from the amount owed Microsoft and pay them to the appropriate taxing authority; provided, however, that you shall promptly secure and deliver to Microsoft, at the applicable address set forth in Section 15 (to the attention of: Accounts Payable re: Microsoft Azure Marketplace), an official receipt for any such taxes withheld or other documents necessary to enable Microsoft to claim a Foreign Tax Credit. You will make certain that any taxes withheld are minimized to the extent possible under applicable law. d. Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense. e. Online Statement; Errors. We will provide you with an online billing statement. This is the only billing statement that we provide. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF EACH ONLINE STATEMENT AND TO RETAIN COPIES FOR YOUR RECORDS. Go to https://billing.microsoft.com to view, print or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge, provided that you tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. f. Cancelling a Paid Subscription. You may cancel your Paid Subscription at any time, with or without cause. Got to https://datamarket.azure.com and click the “My Account” link to obtain information on cancelling your Paid Subscription to the applicable Marketplace Publisher Content. You may continue to access any cancelled Paid Subscription until the end of your then-current billing period, but you will not be charged again for that Paid Subscription. Cancellation of the Paid Subscription by you will not alter your obligation to pay all charges made to your Billing Account or any amounts otherwise due. g. Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time. h. Access Charges. You must provide at your own expense the equipment and Internet connections that you will need to access and use the Marketplace Service. If you access the Marketplace Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access the Marketplace Service through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the Marketplace Service through any wireless or other communication service. i. Auto-refill. As part of a Paid Subscription that is subject to a transaction, character, user, or other discrete balance limitation (collectively, Transactions) in a given subscription period (e.g., 5,000 Transactions per 30 days), you may have the option to enable Auto-refill. Auto-refill automatically re-subscribes you to your current Paid Subscription when your Transaction balance reaches a specific balance threshold (e.g., 10% of the initial Transaction balance, or 500 Transactions remaining in a 5,000-Transaction subscription). If you enable Auto-refill, you agree that, when such threshold is reached, we may automatically cancel your current Paid Subscription and re-subscribe you to a new Paid Subscription, and authorize us to charge you for such new subscription term at the subscription price in effect at the time of Auto-refill. If you enable Auto-refill but such threshold is not met during your current Paid Subscription period, your Paid Subscription will be renewed in accordance with the terms of such Paid Subscription. You may limit the number of times that Auto-refill occurs in any given 30-day period (“Auto-refill Cap”), or elect to allow Auto-refill to occur without limitation. We will inform you when an Auto-refill occurs by notifying you that your current Paid Subscription has been cancelled and a new Paid Subscription has been established. However, we are unable at this time to notify you if Auto-refill does not occur (1) due to problems with your primary or other payment method or (2) in the event you will have exceeded your Auto-refill Cap. You are therefore responsible for monitoring the status of your Auto-refill Cap and keeping your Billing Account information current in accordance with Section 4(a). You may disable Auto-refill at any time, and we will use our best efforts to process your request to disable Auto-refill as soon as possible. However, please note that if the Transaction balance threshold is reached within 2 hours of your request to disable, Auto-refill may still occur. You should therefore cancel Auto-refill at least 2 hours before you anticipate that the Transaction balance threshold will be met. Auto-refill is not available for Trial Subscriptions, No Fee Subscriptions, “unlimited” subscriptions that are not subject to a Transaction limit (e.g. $500 for unlimited Transactions in a subscription period), or promotional or trial subscriptions, including subscriptions that have been initiated using a coupon or other promotional code. 5. SUPPORT SERVICES; SECURITY; REMOVAL OF DATA. a. Third Party Offerings. Microsoft is not responsible for providing technical support, development assistance, customer service or any other services to you in connection with your use of any Third Party Offerings. b. Marketplace Service. For support policies regarding the Marketplace Service, please review the information at http://datamarket.azure.com/support. § Service Levels. The Marketplace Service may be inaccessible due to scheduled and unscheduled reasons, including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the Marketplace Service. In the event of an outage or interruptions that Microsoft determines may cause risk to the Marketplace Service, Microsoft may determine in its sole discretion to suspend the Marketplace Service. You acknowledge and agree that your ability to access the Marketplace Service, Your Account, Billing Accounts, and Marketplace Publisher Content may be suspended, delayed or interrupted for any reason, including scheduled and unscheduled maintenance, power outages, system failures and other interruptions. § Security. We use a variety of security technologies and procedures to help protect unauthorized access to or use of the Marketplace Services; however, we cannot guarantee that we will be successful at doing so. Accordingly, without limitation to any other provisions of this Agreement, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your data, content, software programs or services you use in connection with your access to or use of the Marketplace Services. We strongly encourage you, where available and appropriate, to take measures to protect your data, content, software applications or services, including without limitation using encryption technology to protect from unauthorized access, and to routinely archive as appropriate. In using the Marketplace Service, you agree to promptly notify us if you learn of a security breach related to the Marketplace Service. 6. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT. You are responsible for all activity that takes place with Your Account, and any associated accounts, including your Billing Account, to the maximum extent permissible under applicable law. Without limitation, it is your obligation to: (i) prevent corruption, deletion, destruction or loss of any content in Your Account, including your Billing Account; (ii) protect your Windows Live ID, Your Account passwords and any assigned keys or certificates; and (iii) ensure your Applications and any software that you use or run with the Marketplace Service is current with the latest security patches or updates. 7. PRIVACY PRACTICES. By agreeing to the terms of this Agreement, you also consent to the collection, use and disclosure of your personal information outlined in this section and in the Microsoft Azure Marketplace Privacy Statement (https://datamarket.azure.com/privacy). We may collect certain data about your use of the Marketplace Service. In particular, we may access or disclose information about you, including the content of your communications, in order to comply with the law or respond to lawful requests or legal process, or as otherwise disclosed in our Privacy Statement, or as you may otherwise authorize. When you purchase, subscribe to, or use Marketplace Publisher Content, some personal information, including your contact information will be sent to the respective publishers to help them prevent fraud, provide you with customer support, perform statistical analysis, and as otherwise described in the Publisher Terms of Use and privacy policy or privacy statement for the respective Marketplace Publisher Content. Marketplace publishers are prohibited from using the information for other purposes without your consent. If you choose to make a purchase or sign up for a Paid Subscription service, we will ask for additional information, such as your payment card number and billing address, which is used to create your Billing Account. For payment processing, our fraud detection vendors may use aggregate data to help improve their service. This helps them more accurately detect fraudulent uses of payment methods. See Microsoft Azure Marketplace Privacy Statement (https://datamarket.azure.com/privacy) for more details. Except where otherwise specified in the Marketplace Service, information that is collected by or sent to Microsoft may be stored and processed in the United States or any other country in which Microsoft or its affiliates, subsidiaries or service providers maintain facilities. You consent to any such transfer of information outside of your country. Microsoft abides by the Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union, the European Economic Area and Switzerland. If you collect, store, or otherwise process personal information using the Marketplace Service, you must comply with all applicable privacy and data protection laws. 8. UPDATES TO AGREEMENT TERMS. We may revise, update, modify or replace this Agreement at any time, with or without prior notice to you. If you do not agree with any modifications or additional terms in a subsequent Agreement, you may reject such modifications or terms by ceasing all future use of the Marketplace Service and cancelling Your Account, Billing Account, and any active subscriptions and licenses to Marketplace Publisher Content. 9. NO WARRANTY. The Marketplace Service, including any APIs and software made available to you under Section 1(c) and 1(d), is provided "as-is," "with all faults" and "as available." Microsoft does not guarantee the Marketplace Service or the accuracy, quality, quantity or timeliness of content or information included in or provided in connection with the Marketplace Service, including without limitation Third Party Offerings. Microsoft and its suppliers, licensors, service providers, vendors, resellers and affiliates (collectively, the "Microsoft Parties") give no warranties, guarantees or conditions of purchase for the Marketplace Service, including any Third Party Offerings provided in connection with the Marketplace Service. For purposes of clarification, this provision does not change any warranties, guarantees or conditions of purchase made by providers or publishers of Third Party Offerings to you. You may have additional consumer rights under your local laws that this Agreement cannot change; however, Microsoft Parties exclude and disclaim any implied warranties including those of merchantability, title, fitness for a particular purpose, workmanlike effort and non-infringement. 10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION, USE, GOODWILL) ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OR INABILITY TO USE THE MARKETPLACE SERVICE, APPLICATIONS, DATA, MARKETPLACE PUBLISHER CONTENT OR OTHER THIRD PARTY OFFERINGS (INDIVIDUALLY AND COLLECTIVELY, “OFFERINGS”).FOR ILLUSTRATION ONLY, AND WITHOUT LIMITING OR INTENDING TO LIMIT THE ABOVE, MICROSOFT PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, SOFTWARE PROGRAMS, CONTENT OR SERVICES; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNTS, INCLUDING BILLING ACCOUNTS; (C) ANY ALTERATION, CORRUPTION, DELETION, DAMAGE OR LOSS OF ANY OFFERINGS, OR OTHER CONTENT OR APPLICATIONS USED IN CONNECTION WITH THE OFFERINGS; (D) FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION WITH RESPECT TO THE OFFERINGS; (E) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ONLINE ACCESS TO OR USE OF THE OFFERINGS; (F) INCOMPATIBILITIES BETWEEN THE MARKETPLACE SERVICE AND OTHER OFFERINGS, OTHER SERVICES, SOFTWARE OR HARDWARE; AND (G) ANY THIRD PARTY CONDUCT OR TRANSMISSIONS OR DATA. MICROSOFT PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE MARKETPLACE SERVICE THAT AFFECT YOUR ABILITY TO ACCESS, USE, SELECT OR RETRIEVE ANY OFFERINGS. 11. THESE LIMITATIONS ON LIABILITY APPLY EVEN IF IT RESULTS IN LOSSES TO YOU THAT ARE NOT COMPENSATED AND MICROSOFT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. SUCH LOSSES WILL NOT CONSTITUTE A FAILURE OF THIS AGREEMENT’S ESSENTIAL PURPOSE. 12. TERM AND TERMINATION. a. Term. The term of this Agreement will begin, and you may begin using the Marketplace Services, once you agree to the terms of this Agreement by checking the “accept” box below and complete the registration process for Your Account. b. Termination or Suspension. We may change or discontinue the Marketplace Service or certain features at any time and for any reason. We may cancel or suspend the Marketplace Service, or Your Accounts, or remove any content from the Marketplace Service at any time and for any reason. We may suspend the Marketplace Service or Your Account(s) immediately upon notice to you. For cancelations, we will provide 10 day’s advance notice to you in accordance with the notice provisions in Section 17 below. Upon suspension or cancellation, your right to use the Marketplace Service or Your Accounts (as applicable) stops right away. Our cancellation or suspension of the Marketplace Service or Your Account(s) will not alter your obligation to pay all charges made to your Billing Account. If we cancel the Marketplace Service or Your Account in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of the Marketplace Service Paid Account subscriptions remaining right before the cancellation. You may cancel the Marketplace Service or Your Account at any time, with or without cause, upon notice to us by contacting the Microsoft Azure Platform Customer Support at http://www.microsoft.com/windowsazure/support/. If you are participating in any Trial Subscription, you must cancel the Trial Subscription by the end of the trial period to avoid incurring charges. Cancelation of Paid Subscriptions is subject to the respective Publisher Terms of Use. Certain Publisher Terms of Use for Paid Subscriptions may include cancellation charges, and you will be required to pay all such cancellation charges as specified in the materials describing such subscription offer. Cancellation of such Paid Subscription by you will not alter your obligation to pay all charges made to your Billing Account. Go to https://datamarket.azure.com and click the “My Account” link to obtain information on cancelling your subscription(s) to the applicable Marketplace Publisher Content. 13. INTELLECTUAL PROPERTY RIGHTS; COPYRIGHT CLAIMS. ALL RIGHTS TO THE MARKETPLACE SERVICE ARE RESERVED. We, our licensors and our suppliers reserve all right, title and interest (including all intellectual property and proprietary rights) in and to our respective products and services made available to you under this Agreement. In accepting the terms of this Agreement or using the Marketplace Service, you do not acquire any ownership interest in or rights to any Marketplace Publisher Content (including for Paid Subscriptions), Microsoft products, Microsoft services or Third Party Offerings that may be listed or displayed within Marketplace Service. Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider's designated agent. Microsoft’s notice and procedure for making claims of copyright infringement is located at: http://www.microsoft.com/info/cpyrtInfrg.htm . OUR RIGHTS TO USE FEEDBACK. You may, but are not obligated to, provide opinions, feedback, suggestions and other information to Microsoft regarding your use of the Marketplace Service (collectively, “Feedback”). If you elect to provide Feedback, You hereby license to Microsoft, its suppliers and assigns, without charge, any rights needed under your intellectual property, to use, share and commercialize any such Feedback in any way and for any purpose. These rights survive any termination or expiration of this Agreement. 14. LINKS TO THIRD PARTY SITES. The links made available on the Marketplace Service web pages will let you leave Microsoft’s site. The linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Microsoft is not responsible for webcasting or any other form of transmission received from any linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. 15. CONTRACTING PARTY, CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. a. If your primary headquarters is located in Europe, the Middle East or Africa, you are contracting with Microsoft Ireland Operations Limited, Atrium Block B, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland, and the laws of Ireland govern the interpretation of this Agreement and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. With respect to jurisdiction, you may choose the responsible court in Ireland or in the country to which we direct your service for all disputes arising out of or relating to this Agreement. b. If your primary headquarters is located in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this Agreement. c. If your primary headquarters is located in Australia, Hong Kong, India, Malaysia, New Zealand or Singapore, you are contracting with Microsoft Regional Sales Corporation 438B Alexandra Road #04-09/12 Block B, Alexandra Technopark Singapore 119968, and the laws of Singapore govern this Agreement. You and we irrevocably agree to the exclusive jurisdiction and venue of the Singapore courts for all disputes arising out of or relating to this Agreement, regardless of conflict of laws principles. d. If your primary headquarters is located in Japan, you are contracting with Microsoft Co. Ltd (MSKK), Odakyu Southern Tower, 2-2-1 Yoyogi, Shibuya-ku, Tokyo 151-8583. The laws of Japan govern this Agreement and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this Agreement. e. If your primary headquarters is located in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daichi-Dong, Kangnam-Gu, Seoul, 135-777, Korea. The laws of the Republic of Korea govern this contract. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this Agreement. 16. INTERPRETING THE AGREEMENT. A court may hold that we cannot enforce a part of this Agreement as written. If this happens, then you and we will replace that part with terms that most closely reflect our intention and the rest of this Agreement will not change. This Agreement forms the entire agreement regarding your use of the Marketplace Service. This Agreement supersedes any prior agreements or statements (whether oral or written) regarding your use of the Marketplace Service. 17. CONSENT TO ELECTRONIC DISCLOSURES; ASSIGNMENT; NOTICE; GOVERNMENT CUSTOMERS; EXPORT; WAIVER OF RIGHT TO VOID ONLINE PURCHASES; NEW ZEALAND STATUTORY LIABILITY. This Agreement is in electronic form. We have promised to send you certain information in connection with the Marketplace Service and have the right to send you certain additional information. There may be other information regarding the Marketplace Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel Your Accounts (including your Billing Accounts). We may provide required information to you: o by e-mail at the e-mail address you specified when you signed up for your Marketplace Service accounts (referenced above as Your Account and/or Billing Account); o by access to a Microsoft Web site that will be designated in an e-mail notice sent to you at the time the information is available; or o by access to a Microsoft Web site that will be generally designated in advance for this purpose. You may not assign this Agreement. Microsoft may assign this Agreement to its affiliates. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Marketplace Service, you acknowledge that you have the necessary software and hardware to receive and retain these notices. If you do not consent to receive any notices electronically, you must stop using the Marketplace Service. You may notify us as stated in the “Microsoft Microsoft Azure Platform Support,” “Feedback,” or “help” areas for the Marketplace Service. Before accepting this Agreement, government customers should consult with their Microsoft representative to assure full compliance with local laws and government procurement processes. The Marketplace Service, including software provided by Microsoft, is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Marketplace Service, including any software provided by Microsoft. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. To the maximum extent permitted by applicable law, you waive your rights to void purchases under this Agreement pursuant to any law governing distance selling or electronic or online agreements, as well as any right or obligation regarding prior information, subsequent confirmation, rights of withdrawal, or cooling-off periods. The following provisions are only applicable to customers in New Zealand. (i) Business. When we act as a “supplier” (as defined in the Consumer Guarantees Act 1993 (NZ) (“CGA”)) of a service or software, you confirm that such service or software provided by us under this Agreement is acquired for the purposes of a business (as that term is defined in the CGA) that the CGA does not apply to the service or software supplied by Microsoft. (ii) Consumers. Subject to subsection (i) above, nothing in this Agreement is otherwise intended to limit the rights of a “consumer” (as defined in the CGA) and the terms of this Agreement are to be modified to the extent necessary to give effect to this intention MICROSOFT TRANSLATOR ONLINE SERVICE AGREEMENT Dated: March 2016 Section 1 - Description of Services Microsoft Translator delivers automatic translation of text or speech into a specified language, and other language-related functionality (the "Service"). Microsoft provides access to the Service by means of the Microsoft Translator application programming interface (the "API") to allow software applications, websites or other products (the "Application") to interact with the Service. An Application does not include an interface that emulates the functionality or is substantially similar to the API. You may subscribe to the API for your Applications to interact with the Service by way of the Microsoft Azure Marketplace Service (the "Marketplace Service"). The Marketplace Service is an online market place located at https://datamarket.azure.com/home where the Marketplace Service, catalogues, data, applications, software, sites, information, materials, content and updates are made available to you. The Marketplace Service is governed by the terms of the Microsoft Windows Azure Marketplace Agreement (the "Marketplace Terms of Use") located at https://datamarket.azure.com/terms. Section 2 - Acceptance of Terms This Online Service Agreement is a contract between you and the Microsoft Company listed in Section 23. This contract applies to your use of the Service, the API and any documentation, media, services, updates and other materials made available from time to time through the Microsoft Translator webpages of the Marketplace Service. You can view the most current version of this contract at https://www.aka.ms/TranslatorTOU. Microsoft may update this contract by posting new terms and conditions. The new terms and conditions will automatically take effect and amend your terms of use of the Service contract after 30 days from posting. If you do not agree to accept the new terms and conditions, you must stop using the Service within the 30-day period from the posting of the new terms and conditions. Your use of certain elements of the Service may be subject to additional guidelines, posted notices, codes of conduct, or the Marketplace Terms of Use. These are incorporated by reference into this contract. By creating an account or accepting this contract, you represent that you are at least 18 years old or have reached the age of "majority" where you live, if that is not 18 years of age. If you are under 18 or have not reached the age of majority, your parent or legal guardian must set up an account on your behalf and accept this contract. Please note that Microsoft does not provide warranties for the Service. This contract also limits our liability. These terms are in sections 10 and 14. Please read them carefully. Section 3 - License During the term of your subscription and subject to your compliance with this contract, Microsoft provides you a non-exclusive, nontransferable, nonsublicensable, worldwide license to: use the API and access the Service to embed the API and underlying content into the Application so that the Application can interface directly with the Service; use the API and access the Service to host and present results from the Service on the Application; and use the documentation, media, and other materials made available by Microsoft from time to time for use with the Service and API solely in support of you exercising your rights in this license. Microsoft will provide you with the means for obtaining unique access credentials to access the Service through the API solely for the purposes stated in this license. You are solely responsible for: (a) keeping your access credentials confidential; (b) any and all activities that occur under your access credentials, and (c) ensuring these credentials remain available to the appropriate person if one of more users leave the company. Microsoft cannot transfer your subscription from one account to another. A loss of credentials will require you to create a new account and news credentials and, potentially, to rewrite some part of your software. You must promptly notify Microsoft of any unauthorized use of your access credentials or any other breach of security. Microsoft will not be liable for any loss that you incur if someone else uses your access credentials, either with or without your knowledge. However, you could be held liable for losses incurred by Microsoft or another party if someone else uses your access credentials. Section 4 - Microsoft Marks During the term of your subscription, you will provide attributions to the Service as outlined on https://www.aka.ms/TranslatorAttributionGuide. Section 5 - Modifications Microsoft may change the Service or delete features of the Service at any time and for any reason. For any changes or deletions that Microsoft has reason to know may disrupt your use of the Service, Microsoft will provide six (6) months' notice by posting the relevant information on the Microsoft Translator Support site at https://www.aka.ms/TranslatorSupport regarding such changes or deletions. Other than as provided in Section 8, or if required to satisfy or comply with any applicable law, regulation, or legal process, Microsoft will not cancel, suspend or terminate your use of the Service during the term of your subscription. Section 6 - Use Restrictions When using the Service you must comply with the terms of this contract, the terms of the Marketplace Terms of Use, all applicable laws. You must also obey any policies, codes of conduct, and notices Microsoft provides. The Service may not be available in all countries. You, and any third party working on your behalf, may not: Distribute, sell, resell, loan, rent, lease, sublicense, redistribute, assign or otherwise share or dispose your access credentials, or any part thereof, to any third party (excluding legal affiliates such as majority owned subsidiaries or foreign representations); Distribute, sell, resell, loan, rent, lease, sublicense, redistribute, assign or otherwise transfer the API, or any part thereof, to any third party; Syndicate, distribute, publish, facilitate, enable, or allow access or linking to the Service directly from the API or any location or source other than the Application (or in any manner except directly to users through the Application); Modify, reverse engineer or otherwise alter the API (except to the extent this is authorized by applicable law notwithstanding this limitation); Use or retain the translated text, audio or any other data from the Service for the purpose of developing or training a translation program, translation service or for any other machine learning system specifically related to translation or a translation service; Share or distribute the translated text, audio or any other data from the Service to any third party for the purpose of developing or training a translation program, translation service or for any other machine learning system specifically related to translation or a translation service; Use the Service or API for any illegal purpose; Misrepresent your identity or interfere with any other party's use and enjoyment of the Service; Damage, disable, overburden, or impair the Service (or any network connected to the Service); Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service; Use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Knowingly transmit any virus, worm, defect, or any other item intended to destroy, surreptitiously interfere with, expropriate, or exert unauthorized control over any system or data or to defraud any person; and Remove, modify, or tamper with any notice or link that is incorporated into the Service. If Microsoft believes that you are making unauthorized or improper use of the Service, Microsoft may take such action as it deems appropriate without notice to you. These actions may include blocking access to the Service and API from a particular access credential, internet domain, or IP address. Microsoft may at all times: (a) disclose any information as Microsoft deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or (b) edit or to remove any information or materials, in whole or in part. Section 7 - Reservation of Rights Microsoft retains all rights, title, and interest in and to the Service, API, and any materials Microsoft makes available through the Microsoft Translator webpage of the Marketplace Service. This includes all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Microsoft reserves all rights not expressly granted. Section 8 - Term This contract starts on the date you accept it. It continues until your subscription has expired, been canceled or terminated. You may terminate this contract without cause at any time by cancelling the Service as described in the Marketplace Terms of Use. Microsoft may cancel the contract as described in Section 5 - Modifications. A party may also terminate the contract for cause on 30 days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. The following sections will survive any termination or expiration of the Service: 6-14 and 19-21. Section 9 - Submissions Provided to Microsoft Microsoft does not claim ownership of the content you or your customers submitted to the Service. Your content remains your content. Microsoft does not control, verify, or endorse the content that you, your customers or others submit to the Service. If your subscription expires or is suspended, canceled or terminated, all content submitted pursuant to that subscription may be permanently deleted or irretrievable from Microsoft's servers. Microsoft has no obligation to return such content to you. Section 10 - Privacy Please refer to the Microsoft Translator Privacy Statement found at: https://www.aka.ms/translatorprivacy. Section 11 - No Warranty Microsoft provides the Service, the API, and associated materials "as is," "with all faults," and "as available". Microsoft does not guarantee the suitability, reliability, availability, accuracy or timeliness of information available from the Service or API. Microsoft does not guarantee that the Service or API will be uninterrupted, secure, error-free or that data loss will not occur. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime will occur. Microsoft gives no express warranties, guarantees, or conditions. Microsoft disclaims all warranties with regard to the Service, the API, and associated materials. This includes any implied warranties (e.g., those of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement). You may have additional consumer rights under your local laws that this contract cannot change. Section 12 - Copyright and Trademarks All Service materials, except user-generated content, are Copyright © 2016 Microsoft. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or materials provided as part of the Service. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the software and materials. Information on Microsoft trademarks is available at https://www.microsoft.com/en-us/legal/intellectualproperty/trademarks/usage/default.aspx. This contract does not grant or imply any rights to any Microsoft or supplier trademark, trade name or logo. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Section 13 - Copyright Claim Notice and Procedure Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information see Notice and Procedure for Making Claims of Copyright Infringement at http://www.microsoft.com/info/cpyrtinfrg.htm. Section 14 - Claims Must Be Filed Within One Year To the extent permitted by law, any claim related to this contract, the Service, the API or associated materials must be brought within one year. The one-year period begins on the date when the claim first accrues. Any claim that is not filed within that time is permanently barred. This section applies to you and your successors. It also applies to us and our successors and assigns. Section 15 - Limitation of Liability You can recover from Microsoft for all successful claims only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, special, indirect, incidental, or punitive damages and lost profits. This limitation applies to anything related to this contract, for example: The Service; The API; Loss of data; Your content, third party content (including code), third party programs, or third party conduct; Viruses or other disabling features that affect your access to or use of the Service; Incompatibility between the Service, API and other services, software, hardware or Applications; Delays or failures you may have in initiating, conducting, or completing any transmissions or transactions in connection with the Service in an accurate or timely manner; and Claims for breach of contract; breach of warranty, guarantee, or condition; misrepresentation; strict liability; negligence; or other tort. It also applies even if this remedy does not fully compensate you for any losses, fails of its essential purpose or Microsoft knew or should have known about the possibility of the damages. This contract does not affect the statutory rights of any consumer. It also does not exclude or restrict liability for death or personal injury arising from Microsoft's negligence, fraud, or its gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential or other damages. Section 16 - Notice Microsoft may send you, in electronic form, information about the Service, additional information, and information the law requires Microsoft to provide. Microsoft may provide required information to you by email at the address you specified when you signed up for the Service. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service. Section 17 - Support Microsoft offers support for the Service on the Microsoft Translator Support forum: www.aka.ms/TranslatorSupport and via email. Section 18 - Your Privacy Practices In using the Service, you may be able to collect personal information about third parties through your dealings with such third parties. If you do, you agree to: (a) post a privacy policy on your website that, at a minimum, discloses any and all uses of personal information that you collect from such third parties; (b) provide a hypertext link to your privacy policy on the home page of your website and on all pages where you collect personal information from third parties; and (c) use personal information only as expressly permitted by your privacy policy. Section 19 - Export The Service and API are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service and API. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. Section 20 - No Additional Obligations Nothing contained in this contract is deemed to grant you or Microsoft, directly or by implication, estoppel, or otherwise, any license other than any specific grant mentioned in this contract. Nothing in this contract will require you or Microsoft to enter into any additional agreements (including any license agreement or other agreement that could grant you any further rights in the Service or API). Microsoft has no obligation to update or make available any further versions of the Service or API. Section 21 - Contract Interpretation All parts of this contract apply to the maximum extent permitted by law. A court may hold that you or Microsoft cannot enforce a part of this contract as written. If this happens, then you and Microsoft will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and Microsoft regarding your use of the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service and any prior version of the contract. Where the terms of this contract conflict with those of the Marketplace Terms of Use, the terms of this contract will prevail. The section titles in the contract do not limit the other terms of this contract. Section 22 - Assignment Microsoft may assign, transfer, sell, rent, lend or otherwise dispose our rights and obligations under this contract. Microsoft may do this in whole or part, at any time without notice to you. You may not temporarily or permanently assign any part of this contract or any rights to use the Service to any other party. Any attempt to do so is void. Section 23 - Governing Law Contracting party, choice of law, and location for resolving disputes. (a) If you live in or your business is headquartered in North or South America, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA, and Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to this contract. (b) If you live in or your business is headquartered in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. All claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of Luxembourg or of the country in which you reside. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract. (c) If you live in or your business is headquartered in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg, and the laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which Microsoft directs your Service. You and Microsoft irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this contract. (d) Unless your country is specifically called out below, if you live in or your business is headquartered in Asia or the South Pacific, you are contracting with Microsoft Regional Sales Corp., a corporation organized under the laws of the State of Nevada, USA, with a branch in Singapore, having its principal place of business at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968, and Washington State law govern this contract. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Center (SIAC), which rules are deemed to be incorporated by reference into this clause. The Tribunal will consist of one arbitrator to be appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable, and it may be used as a basis for judgment in any country or region. (e) If you live in or your business is headquartered in Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this contract and any matters arising out of or relating to it. You and Microsoft irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this contract. (f) If you live in or your business is headquartered in China, you are contracting with Microsoft Corp., One Microsoft Way, Redmond, WA 98052, USA. As to those Services, Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive. (g) If you live in or your business is headquartered in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea, and the laws of the Republic of Korea govern this contract. You and Microsoft irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this contract. (h) If you live in or your business is headquartered in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110, and the laws of Taiwan govern this contract. You and Microsoft irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this contract. By subscribing to this offer, you agree that your contact information will be sent to the publisher to help prevent fraud, provide you with customer support, perform statistical analysis, and as otherwise described in the publisher’s terms of use and privacy policy. ENGLISH APPLE INC. SOFTWARE LICENSE AGREEMENT FOR macOS Sierra For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Mac App Store Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. Printing from Apple Print Services is subject to the Print Services terms and conditions located at: http://www.apple.com/internetservices/terms/membership_terms.html. Apple Print services may not be available for all areas. Please check the preferences and consult the user documentation for the Apple Software for more information. H. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2H, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. I. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. J. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. K. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. L. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. M. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software). N. Compliance with Laws. You agree to use the Apple Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. O. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. P. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. 3. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts, printed materials and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software accepts the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.11 to 10.11.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. If you obtained your license to the Apple Software from the Mac App Store or through an automatic download, it is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so, and you may restore your system to the version of the Apple operating system software that originally came with your Apple hardware (the “Original Apple OS”) and permanently transfer the Original Apple OS together with your Apple hardware, provided that: (i) the transfer must include all of the Original Apple OS, including all its component parts, printed materials and its license; (ii) you do not retain any copies of the Original Apple OS, full or partial, including copies stored on a computer or other storage device; and (iii) the party receiving the Original Apple OS reads and agrees to accept the terms and conditions of the Original Apple OS license. C. You may not transfer any Apple Software that has been modified or replaced under Section 2L above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Diagnostics & Usage, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more by visiting http://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 5. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple's iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, "Services"). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest iTunes Store Terms and Conditions or Game Center Terms and Conditions, which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/internet-services/icloud/ww/, respectively. B. If you sign up for iCloud, certain iCloud features like “iCloud Drive”, “My Photo Stream”, “iCloud Photo Sharing” and “Find My Mac” may be accessed directly from the Apple Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: http://www.apple.com/legal/internet-services/icloud/ww/. C. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information to provide and improve the Maps features and service, and other Apple products and services. Apple may also provide such information, in either an aggregated or non personally identifiable form, to its partners and licensees to help improve their map and location-based products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. D. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. E. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. F. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. G. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. H. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority. 10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 14. Third Party Acknowledgements. A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and to Google's Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com. D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. E. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at http://www.adobe.com. 15. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. EA1410 Rev. 8/3/2016 ------------------------ Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions On supported Mac devices, you can use Apple Pay to initiate a payment within websites shown in Safari.  This feature requires you to have a credit, debit or prepaid card that is supported by Apple Pay (“Supported Cards”) and has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments within websites is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.  Supported Devices may change from time to time.  2 Privacy Apple Pay transfers purchase information in an encrypted format between your Mac and your Supported Device to complete your transaction. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy (which can be accessed by going to Wallet & Apple Pay on your iOS device, or within the Watch app on a paired iOS device), or by visiting http://www.apple.com/privacy. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 3 Security Providing your device passcode to a third party or allowing a third party to add their fingerprint to use Touch ID on your Supported Device may result in their ability to make Apple Pay payments within websites.   You are solely responsible for maintaining the security of your Supported Devices and the applicable passcodes.  You agree that Apple does not have any responsibility if you make unauthorized modifications to macOS. Developer Agreement & Policy Developer Agreement Effective: September 30, 2016. This Twitter Developer Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Twitter, Inc. and Twitter International Company (collectively, “Twitter”) and governs your access to and use of the Licensed Material (as defined below). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS LICENSE AGREEMENT. BY USING THE LICENSED MATERIAL, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE LICENSED MATERIAL. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE THAT YOU USE THE LICENSED MATERIAL (“EFFECTIVE DATE”). IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TWITTER, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW. I. Twitter API and Twitter Content A. Definitions Content ‒ Tweets, Tweet IDs, Twitter end user profile information, and any other data and information made available to you through the Twitter API or by any other means authorized by Twitter, and any copies and derivative works thereof. Developer Site ‒ Twitter’s developer site located at https://dev.twitter.com. End Users ‒ Users of your Services, who are bound to enforceable service terms with you. Licensed Material ‒ A collective term for the Twitter API and Content. Services ‒ Your websites, applications and other offerings that display Content or otherwise use the Licensed Material. Tweet ID ‒ A unique identification number generated for each Tweet. Tweet ‒ a short-form text and/or multimedia-based posting that is publicly displayed on Twitter Services. Twitter API ‒ The Twitter Application Programming Interface (“API”), Software Development Kit (“SDK”) and/or the related documentation, data, code, and other materials provided by Twitter with the API, as updated from time to time, including without limitation through the Developer Site. Twitter Marks ‒ The Twitter name, or logos that Twitter makes available to you, including via the Developer Site. Twitter Services ‒ Twitter’s offerings and platforms, including without limitation, those offered via http://twitter.com and Twitter’s mobile application. B. License from Twitter. Subject to the terms and conditions in this Agreement (as a condition to the grant below), Twitter hereby grants you and you accept a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license during the Term solely to: Use the Twitter API to develop and implement your Services; Copy a reasonable amount of and display the Content on and through your Services to End Users, as permitted by this Agreement; Modify Content only to format it for display on your Services; and Use and display Twitter Marks, solely to attribute Twitter’s offerings as the source of the Content, as set forth herein. C. Incorporated Terms. Your use of the Licensed Material is further subject to and governed by the following terms and conditions: the Twitter Developer Policy located at https://dev.twitter.com/overview/terms/policy (“Developer Policy”); as it relates to your display of any of the Content, the Display Requirements located at https://dev.twitter.com/terms/display-requirements (“Display Requirements”); as it relates to your use and display of the Twitter Marks, the Twitter Brand Assets and Guidelines located at https://twitter.com/logo (“Brand Guidelines”); and as it relates to taking automated actions on your account, the Automation Rules located at https://support.twitter.com/articles/76915 (“Automation Rules”). The Developer Policy, Display Requirements, Brand Guidelines, and Automation Rules are collectively referred to herein as the “Developer Terms”. You agree to the Developer Terms, which are hereby incorporated by reference and are available in hardcopy upon request to Twitter. In the event of a conflict between the Developer Terms and this Agreement, this Agreement shall control. None of the Developer Terms expand or extend the license to the Twitter API, Content or Twitter Marks granted in this Agreement. II. Restrictions on Use of Licensed Materials Reverse Engineering and other Limitations. You will not or attempt to (and will not allow others to) 1) reverse engineer, decompile, disassemble or translate the Twitter API, or otherwise attempt to derive source code, trade secrets or know-how in or underlying any Twitter API or any portion thereof; 2) interfere with, modify, disrupt or disable features or functionality of the Twitter API, including without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Twitter API; 3) sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Licensed Material to any third party except as expressly permitted herein; 4) provide use of the Twitter API on a service bureau, rental or managed services basis or permit other individuals or entities to create links to the Twitter API or "frame" or "mirror" the Twitter API on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the Twitter API; or 5) use the Licensed Material for any illegal, unauthorized or other improper purposes. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of the Twitter API ("Rate Limits"), or otherwise use the Twitter API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this Agreement. If you exceed or Twitter reasonably believes that you have attempted to circumvent Rate Limits, controls to limit use of the Twitter APIs or the terms and conditions of this Agreement, then your ability to use the Licensed Materials may be temporarily suspended or permanently blocked. Twitter may monitor your use of the Twitter API to improve the Twitter Service and to ensure your compliance with this Agreement. Geographic Data. Your license to use Content in this Agreement does not allow you to (and you will not allow others to) aggregate, cache, or store location data and other geographic information contained in the Content, except in conjunction with the Content to which it is attached. Your license only allows you to use such location data and geographic information to identify the location tagged by the Content. Any use of location data or geographic information on a standalone basis or beyond the license granted herein is a breach of this Agreement. Use of Twitter Marks. The Twitter Marks may not be included in or as part of your registered corporate name, any of your logos, or any of your service or product names. Moreover, you may not create any derivative works of the Twitter Marks or use the Twitter Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Twitter. You will not otherwise use business names and/or logos in a manner that can mislead, confuse, or deceive users of your Services. All use of the Twitter Marks and all goodwill arising out of such use, will inure to Twitter’s benefit. You shall not use the Twitter Marks except as expressly authorized herein without Twitter’s prior consent. You will not remove or alter any proprietary notices or Twitter Marks on the Licensed Material. III. Updates You acknowledge that Twitter may update or modify the Twitter APIs from time to time, and at its sole discretion (in each instance, an “Update”). You are required to implement and use the most current version of the Twitter API and to make any changes to your Services that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Services access or communicate with the Twitter API or display Content. Your continued access or use of the Twitter APIs following an update or modification will constitute binding acceptance of the Update. IV. Ownership and Feedback Ownership. The Licensed Materials are licensed, not sold, and Twitter retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Twitter, its licensors and its end users retain all worldwide right, title and interest in and to the Licensed Material and Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (including all applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty ("IP Rights"). You agree not to do anything inconsistent with such ownership, including without limitation, challenging Twitter’s ownership of the Twitter Marks, challenging the validity of the licenses granted herein, or otherwise copying or exploiting the Twitter Marks during or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in the Twitter Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Twitter, immediately assign such rights to Twitter. Feedback. You may provide Twitter with comments concerning the Licensed Material, Services or your evaluation and use thereof (collectively, "Feedback). You hereby grant Twitter all rights, title and ownership of such Feedback (including all intellectual property rights therein), and Twitter may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you. V. Termination Twitter may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Licensed Materials, at its sole discretion at any time, for any reason by providing notice to you. You may terminate this Agreement at any time by ceasing your access to the Twitter API and use of all Twitter Content. Upon termination of this Agreement, all licenses granted herein immediately expire and you must cease use of all Licensed Materials. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections II, IV, V, VI and VII of this Agreement will survive the termination of this Agreement. VI. Confidentiality You may be given access to certain non-public information, software, and specifications relating to the Licensed Material (“Confidential Information”), which is confidential and proprietary to Twitter. You may use this Confidential Information only as necessary in exercising your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Twitter’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care. VII. Other Important Terms User Protection. You will not knowingly: 1) display, distribute, or otherwise make available Content to any entity to investigate, track or surveil Twitter’s users or their Content, or to obtain information on Twitter users or their Content, in a manner that would require a subpoena, court order, or other valid legal process or that would otherwise have the potential to be inconsistent with our users’ reasonable expectations of privacy; or 2) display, distribute or otherwise make available Content to any person or entity that you reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19. If law enforcement personnel request information about Twitter or its users for the purposes of an ongoing investigation, you may refer them to Twitter’s Guidelines for Law Enforcement located at https://t.co/le. You will not conduct and your Services will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. Additional Terms for Permitted Government Use. The Twitter API and Twitter Content are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Twitter API or Twitter Content by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If you use the Twitter API or Twitter Content in your official capacity as an employee or representative of a U.S., state or local government entity and you are legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law. For the purpose of this provision, contractor/manufacturer is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, California 94103. Compliance with Laws; Export and Import. Each party will comply with all applicable foreign, federal, state, and local laws, rules and regulations. The Licensed Material is subject to U.S. export laws and may be subject to import and use laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, the Licensed Material may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by these laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end-user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use. You will maintain throughout the Term all rights and licenses that are required with respect to your Services. Warranty Disclaimer. THE LICENSED MATERIAL IS PROVIDED TO YOU “AS IS”, “WHERE IS”, WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE LICENSED MATERIAL OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH LICENSED MATERIAL OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE). Indemnification. You shall defend Twitter against any and all actions, demands, claims and suits (including without limitation product liability claims), and indemnify and hold Twitter harmless from any and all liabilities, damages and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of: (i) your use of the Licensed Material in any manner that is inconsistent with this Agreement; or (ii) the performance, promotion, sale or distribution of your Services. In the event Twitter seeks indemnification or defense from you under this provision, Twitter will promptly notify you in writing of the claim(s) brought against Twitter for which it seeks indemnification or defense. Twitter reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third party agreement, which would, in any manner whatsoever, affect the rights of Twitter, constitute an admission of fault by Twitter or bind Twitter in any manner, without the prior written consent of Twitter. In the event Twitter assumes control of the defense of such claim, Twitter shall not settle any such claim requiring payment from you without your prior written approval. Limitation of Liability. IN NO EVENT WILL TWITTER BE LIABLE TO YOU OR ANY END USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY CASE, TWITTER’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED $50.00 USD. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Updates. Twitter may update or modify this Agreement, Developer Terms, and other terms and conditions, from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Twitter API. If any change is unacceptable to you, your only recourse is to cease all use of the Licensed Material. Your continued access or use of the Licensed Material will constitute binding acceptance of the such updates and modifications. Miscellaneous. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to this Agreement must be in a writing signed by both you and Twitter, Inc. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether you are the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, except with the prior written consent of Twitter, Inc. Twitter, Inc. is authorized to sign modifications and consents on behalf of Twitter International Company, an Irish company responsible for the information of Twitter users who live outside the United States. Any attempted assignment in violation of this paragraph is null and void, and Twitter may terminate this Agreement. This Agreement does not create or imply any partnership, agency or joint venture. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts. Despite the foregoing, you agree that money damages would be an inadequate remedy for Twitter in the event of a breach or threatened breach of a provision of this Agreement protecting Twitter’s intellectual property or Confidential Information, and that in the event of such a breach or threat, Twitter, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. No waiver by Twitter of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by Twitter. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. Developer Policy Effective: September 30, 2016. In addition to the Developer Agreement, this Developer Policy (“Policy”) provides rules and guidelines for developers who interact with Twitter’s ecosystem of applications, services, website, web pages and content (“Twitter Services”). Policy violations are also considered violations of the Developer Agreement. Take a look at the Definitions for the meaning of capitalized words used in this Policy. These policies may be changed from time to time without notice. Please check here for any updates. I. Guiding Principles A. A Few Key Points B. Maintain the Integrity of Twitter’s Products C. Respect Users’ Control and Privacy D. Clearly Identify Your Service E. Keep Twitter Spam Free F. Be a Good Partner to Twitter G. Avoid Replicating the Core Twitter Experience H. Engage in Appropriate Commercial Use II. Rules for Specific Twitter Services or Features A. Twitter Login B. Social Updates C. Twitter Identity D. Twitter Cards E. Twitter for Websites F. Definitions I. Guiding Principles A. A Few Key Points Keep any API keys or other access credentials private and use only as permitted. Respect our requirements on how to display and interact with users’ content. If your application will need more than 1 million user tokens, you must contact us about your Twitter API access, as you may be subject to additional terms. Twitter may monitor your use of the Twitter API to improve the Twitter Services, examine commercial use and ensure your compliance with this Policy. Remember, Twitter may suspend or revoke access to the Twitter API if we believe you are in violation of this Policy. Do not apply for or register additional API tokens if Twitter has suspended your account. Instead, contact us. B. Maintain the Integrity of Twitter’s Products Follow the Display Requirements and Twitter Rules. If your Service facilitates or induces users to violate the Twitter Rules, you must figure out how to prevent the abuse or Twitter may suspend or terminate your access to the Twitter API. We’ve provided guidance in our Abuse Prevention and Security help page. If your Service submits content to Twitter that includes a Twitter username, submit the correct Twitter username (“@username”). Promptly respond to Content changes reported through the Twitter API, such as deletions or the public/protected status of Tweets. Do not modify, translate or delete a portion of the Content. Maintain the features and functionality of Content and Twitter API. Do not interfere with, intercept, disrupt, filter, or disable any features of Twitter or the Twitter API, including the Content of embedded Tweets and embedded timelines. Only surface Twitter activity as it surfaced on Twitter. For example, your Service should execute the unlike and delete actions by removing all relevant Content, not by publicly displaying to other users that the Tweet is no longer liked or has been deleted. Do not exceed or circumvent limitations on access, calls, sharing, privacy settings, or use permitted in this Policy, or as otherwise set forth on the Developer Site, or communicated to you by Twitter. Do not remove or alter any proprietary notices or marks on Content or the Twitter API. Do not (and do not allow others to) aggregate, cache, or store location data and other geographic information contained in the Content, except as part of a Tweet. Any use of location data or geographic information on a standalone basis is prohibited. C. Respect Users’ Control and Privacy Get the user’s express consent before you do any of the following: Take any actions on a user’s behalf, including posting Content, following/unfollowing other users, modifying profile information, or adding hashtags or other data to the user’s Tweets. A user authenticating through your Service does not constitute user consent. Republish Content accessed by means other than via the Twitter API or other Twitter tools. Use a user’s Content to promote a commercial product or service, either on a commercial durable good or as part of an advertisement. Store non-public Content such as direct messages or other private or confidential information. Share or publish protected Content, private or confidential information. Do not (and do not permit others to) associate the Content with any person, household, device, browser, or other individual identifier, unless you or the entity on whose sole behalf you make such an association do so (a) with the express opt-in consent of the applicable individual; or (b) based solely on publicly available data and/or data provided directly by the applicable individual that the individual would reasonably expect to be used for that purpose. Take all reasonable efforts to do the following, provided that when requested by Twitter, you must promptly take such actions: Delete Content that Twitter reports as deleted or expired; Change treatment of Content that Twitter reports is subject to changed sharing options (e.g., become protected); and Modify Content that Twitter reports has been modified. If your Service allows users to post Content to Twitter, then, before publishing, show the user exactly what will be published, including whether any geotags will be added to the Content. If your Service allows users to post Content to your Service and Twitter, then, before publishing to the Service: Explain how you will use the Content; Obtain proper permission to use the Content; and Continue to use such Content in accordance with this Policy in connection with the Content. Display your Service’s privacy policy to users before download, installation or sign up of your application. Your privacy policy must be consistent with all applicable laws, and be no less protective of end users than Twitter’s Privacy Policy located at http://twitter.com/privacy. You must comply with your privacy policy, which must clearly disclose the information you collect from users, how you use and share that information (including with Twitter), and how users can contact you with inquiries and requests regarding their information. If for any reason you are unable to comply with your privacy policy or any privacy requirement of the Developer Agreement or Policy, you must promptly inform Twitter and take reasonable and appropriate steps to remedy any non-compliance, or cease your access to the Twitter API and use of all Twitter Content. If your Service uses cookies, disclose in your privacy policy: Whether third parties collect user information on your Service and across other websites or online services; Information about user options for cookie management and whether you honor the Do Not Track setting in supporting web browsers. If your Service adds location information to users’ Tweets: Disclose when you add location information, whether as a geotag or annotations data, and whether you add a place or specific coordinates. Comply with Geo Developers Guidelines if your application allows users to Tweet with their location. Do not store Twitter passwords. D. Clearly Identify Your Service Make sure users understand your identity and the source and purpose of your Service. For example: Don’t use a name or logo that falsely implies you or your company is related to another business or person. Don’t use a shortened URL for your Service that attempts to mask the destination site Don’t use a URL for your Service that directs users to a site that is unrelated to your Service a site that encourages users to violate the Twitter Rules a spam or malware site. Do not replicate, frame, or mirror the Twitter website or its design. E. Keep Twitter Spam Free Follow the Abuse and Spam rules here. Comply with the automation rules if your Service performs automatic actions. Do not do any of the following: Mass-register applications. Create tokens/applications to sell names, prevent others from using names, or other commercial use. Use third-party content feeds to update and maintain accounts under those third parties’ names. Name squat by submitting multiple applications with the same function under different names. Publish links to malicious content. Publish pornographic or obscene images to user profile images and background images. F. Be a Good Partner to Twitter Follow the guidelines for using Tweets in broadcast if you display Tweets offline. If you provide Content to third parties, including downloadable datasets of Content or an API that returns Content, you will only distribute or allow download of Tweet IDs and/or User IDs. You may, however, provide export via non-automated means (e.g., download of spreadsheets or PDF files, or use of a “save as” button) of up to 50,000 public Tweets and/or User Objects per user of your Service, per day. Any Content provided to third parties via non-automated file download remains subject to this Policy. Use and display Twitter Marks solely to identify Twitter as the source of Content. Comply with Twitter Brand Assets and Guidelines. Do not do any of the following: Use a single application API key for multiple use cases or multiple application API keys for the same use case. Charge a premium above your Service’s standard data and usage rates for access to Content via SMS or USSD. Sell or receive monetary or virtual compensation for Tweet actions or the placement of Tweet actions on your Service, such as, but not limited to follow, retweet, like, and reply. Do not use, access or analyze the Twitter API to monitor or measure the availability, performance, functionality, usage statistics or results of Twitter Services or for any other benchmarking or competitive purposes, including without limitation, monitoring or measuring: the responsiveness of Twitter Services; or aggregate Twitter user metrics such as total number of active users, accounts, user engagements or account engagements. Use Twitter Content, by itself or bundled with third party data, to target users with advertising outside of the Twitter platform, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services. Use Twitter Marks, or Twitter Certified Products Program badges, or similar marks or names in a manner that creates a false sense of endorsement, sponsorship, or association with Twitter. Use the Twitter Verified Account badge, Verified Account status, or any other enhanced user categorization on Twitter Content other than that reported to you by Twitter through the API. G. Avoid Replicating the Core Twitter Experience Twitter discourages online services from replicating Twitter Service’s core user experience or features. The following rules apply solely to Services or applications that attempt to replicate Twitter’s core user experience: You must obtain our permission to have more than 100,000 user tokens, and you may be subject to additional terms. Use the Twitter API as provided by Twitter for functionalities in your Service that are substantially similar to a Twitter Service feature and present this to your users as the default option. Display a prominent link or button in your Service that directs new users to Twitter’s sign-up functionality. Do not do the following: Pay, or offer to pay, third parties for distribution. This includes offering compensation for downloads (other than transactional fees) or other mechanisms of traffic acquisition. Arrange for your Service to be pre-installed on any device, promoted as a "zero-rated" service, or marketed as part of a specialized data plan. Use Twitter Content or other data collected from users to create or maintain a separate status update or social network database or service. H. Engage in Appropriate Commercial Use Advertising Around Twitter Content You may advertise around and on sites that display Tweets, but you may not place any advertisements within the Twitter timeline on your Service other than Twitter Ads or advertisements made available through the official TwitterKit integration with MoPub. Access to MoPub ads through TwitterKit requires a MoPub supply account and is subject to MoPub terms of service & policies. Your advertisements cannot resemble or reasonably be confused by users as a Tweet. You may advertise in close proximity to the Twitter timeline (e.g., banner ads above or below timeline), but there must be a clear separation between Twitter content and your advertisements. Compensation When Content is the primary basis of an advertising or sponsorship sale you make, you must compensate Twitter, recoupable against any fees payment to Twitter for data licensing. Twitter reserves the right to serve advertising via Twitter APIs (“Twitter Ads”). If you decide to serve Twitter Ads once we start delivering them, we will share a portion of advertising revenue with you in accordance with the relevant terms and conditions. II. Rules for Specific Twitter Services or Features A. Twitter Login Present users with easy to find options to log into and out of Twitter, for example, via the OAuth protocol or Twitter Kit. Provide users without a Twitter account the opportunity to create a new Twitter account. Display the Connect with Twitter option at least as prominently as the most prominent of any other third party social networking sign-up or sign-in marks and branding appearing on your Service. B. Social Updates If you allow users to create social updates from your own social service or a third party social networking, micro-blogging, or status update provider integrated into your Service ("Update"), you must display a prominent option to publish that content to Twitter. If Updates are longer than 140 characters or not text, you must display a prominent link to publish that content to Twitter and: URLs must direct users to the page where that content is displayed. You may require users to sign in to access that page, but the content must not otherwise be restricted from being viewed. URLs must not direct users to interstitial or intermediate pages. C. Twitter Identity Once a user has authenticated via Connect with Twitter via your Service, you must clearly display the user’s Twitter identity via your Service. Twitter identity includes visible display of the user’s avatar, Twitter user name and the Twitter bird mark. Displays of the user’s followers on your Service must clearly show that the relationship is associated with the Twitter Service. D. Twitter Cards Develop your Card to have the same quality experience across all platforms where Cards are displayed. If your Service provides a logged-in experience, the experience prior to a user’s login must be of equivalent quality and user value. Mark your Card as ‘true’ for sensitive media if such media can be displayed. Use HTTPS for hosting all assets within your Card. For video and audio content: Default to ‘sound off’ for videos that automatically play content. Include stop or pause controls. Do not do any of the following: Exceed or circumvent Twitter’s limitations placed on any Cards, including the Card’s intended use. Attach the App Card to a user’s Tweet, unless the user is explicitly promoting or referring to the app in the Tweet. Place third-party sponsored content within Cards without Twitter’s prior approval. Include content or actions within your Card that are not contextually relevant to the user’s Tweet text and Tweet entities, such as URLs and media. Generate active mixed content browser warnings. Attach monetary incentives or transactions (including virtual currency) to activities that occur within the Card or on Twitter from your Card. Apply for Cards access for domains you do not manage to prevent others from registering or utilizing Cards on those domains. E. Twitter for Websites If you expect your embedded Tweets and embedded timelines to exceed 10 million daily impressions, you must contact us about your Twitter API access, as you may be subject to additional terms. If you use TFW widgets, you must ensure that an end user is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the end user’s device where providing such information and obtaining such consent is required by law. If you operate a Service targeted to children under 13, you must opt out of tailoring Twitter in any Twitter for Websites button, embedded Tweet, or embedded timeline on your Service by setting the opt-out parameter to be true. F. Definitions Content ‒ Tweets, Tweet IDs, Twitter end user profile information, and any other data and information made available to you through the Twitter API or by any other means authorized by Twitter, and any copies and derivative works thereof. Developer Site ‒ Twitter’s developer site located at https://dev.twitter.com. Tweet ‒ A short-form and/or multimedia-based posting that is publicly displayed on Twitter Services. Tweet ID ‒ A unique identification number generated for each Tweet. Twitter API ‒ The Twitter Application Programming Interface (“API”), Software Development Kit (“SDK”) and/or the related documentation, data, code, and other materials provided by Twitter, as updated from time to time, including without limitation through the Developer Site. Twitter Marks ‒ The Twitter name, or logos that Twitter makes available to you, including via the Developer Site. Service - Your websites, applications and other offerings that display or otherwise use Content. User ID - Unique identification numbers generated for each User that do not contain any personally identifiable information such as Twitter usernames or users’ names. GNU Octave -- a high-level language for numerical computations. Copyright (C) 1996-2015 John W. Eaton Overview -------- GNU Octave is a high-level language, primarily intended for numerical computations. It provides a convenient command line interface for solving linear and nonlinear problems numerically. GNU Octave is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version. GNU Octave is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the file COPYING for more details. Availability ------------ The latest released version of Octave is always available via anonymous ftp from ftp.gnu.org and its many mirror sites around the world. You may also find links to binary distributions at http://www.octave.org/download.html. The current development sources may be found on Savannah (http://savannah.gnu.org/projects/octave) under the Source Code tab. Installation ------------ Octave requires approximately 1.4 GB of disk storage to unpack and compile from source (significantly less, 400 MB, if you don't compile with debugging symbols). Once installed, Octave requires approximately 350 MB of disk space (again, considerably less, 70 MB, if you don't build shared libraries or the binaries and libraries do not include debugging symbols). To compile Octave, you will need a recent version of GNU Make. You will also need a recent version of g++ or another ANSI C++ compiler. You will also need a Fortran 77 compiler or f2c. If you use f2c, you will need a script like fort77 that works like a normal Fortran compiler by combining f2c with your C compiler in a single script. YOU MUST HAVE GNU MAKE TO COMPILE OCTAVE. Octave's Makefiles use features of GNU Make that are not present in other versions of make. GNU Make is very portable and easy to install. See the notes in the files INSTALL.OCTAVE and the system-specific README files in the etc directory of the Octave source distribution for more specific installation instructions. Bugs and Patches ---------------- The file BUGS explains the recommended procedure for reporting bugs or contributing patches. Documentation ------------- Octave's manual has been revised for version 3.4, but it is lagging a bit behind the development of the software. In particular, there is currently no complete documentation of the C++ class libraries. If you notice omissions or inconsistencies, please report them on the bug tracker at http://bugs.octave.org. Specific suggestions for ways to improve Octave and its documentation are always welcome. Reports with patches are even more welcome. Additional Information ---------------------- Up to date information about Octave is available on the WWW at the URL http://www.octave.org, including archives of the help, bug, and maintainers mailing lists. Last updated: Fri, 10 Jun 2011 14:02:32 EDT At MathWorks, we believe it is your right to know what information we collect, how we use it, and what your options are for its use. Below you can find details about: EU-U.S. Privacy Shield and Swiss/U.S. Safe Harbor information How we use and collect your information How we protect your order information How to remove or update your order information How your information submitted to MATLAB Central may be used How we collect information through products How long we store your information 1. EU-U.S. Privacy Shield and Swiss/U.S. Safe Harbor information A. EU-U.S. Privacy Shield information MathWorks complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. MathWorks has certified that it adheres to the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/ (https://www.privacyshield.gov/). In compliance with the EU-U.S. Privacy Shield Principles, MathWorks commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact the MathWorks Legal Services Group at dataprivacy@mathworks.com or by mail to the following address: Head of Customer Service, MathWorks, 1 Apple Hill Drive, Natick, MA, 01760. MathWorks has further committed to refer unresolved privacy complaints under the EU-U.S. Privacy Shield Principles to BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ (http://www.bbb.org/EU-privacy-shield/for-eu-consumers/) for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a privacy shield panel. MathWorks is also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). B. U.S.-Swiss Safe Harbor information MathWorks complies with the U.S.-Swiss Safe Harbor Framework. as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. MathWorks has certified that it adheres to the Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Security, Data Integrity, Access, and Enforcement. If there is any conflict between the policies in this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the U.S.-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/ (http://www.export.gov/safeharbor/) In compliance with the U.S.-Swiss Safe Harbor Principles, MathWorks commits to resolve complaints about your privacy and our collection or use of your personal information. Swiss citizens with inquiries or complaints regarding this privacy policy should first contact MathWorks at mailto:dataprivacy@mathworks.com or by mail to the following address: Head of Customer Service, MathWorks, 1 Apple Hill Drive, Natick, MA, 01760. MathWorks has further committed to refer unresolved privacy complaints under the U.S.-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/us/safe-harbor-complaints (http://www.bbb.org/us/safe-harbor-complaints) for more information and to file a complaint. 2. How we use and collect your information When you access and use MathWorks products and services, MathWorks may collect certain types of personal information, including your name, company affiliation, mailing address, email address, and credit card number. We will not sell or rent your personal contact information to other companies. We will not disclose your personal contact information to other companies, except in the limited manner and for the limited purposes described below. The MathWorks Web site has several forms and additional collection methods that request contact, payment, and other information (https://www.mathworks.com/company/aboutus/policies_statements/includes/popup_privacypolicy.html). Providing such information is optional, but you may be unable to complete certain transactions, obtain certain services, or access certain features of the MathWorks Web site or software without providing the requested information. MathWorks uses the personal information it collects for the following purposes: To send promotional material about our company, products, services, and events and, in some cases, on behalf of related third-party products, services, and events. You may choose not to receive this additional information. (See "How to remove or update your information," below.) To process and ship orders that you place with us, and to provide you with documentation or other material in support of your order. To manage licenses within MathWorks. To provide any communication or material necessary to respond to an order for a product or service, a request for support or information, or an application for a seminar, trade show, or other event. To solicit optional feedback in the form of surveys measuring customer satisfaction with MathWorks products, services, and events. To notify you of new products, updates, or other information related to your purchases or information requests. To enable delivery of consulting or training services and participation in seminars, trade shows, or other events. To comply with obligations imposed by applicable laws or regulations, or with a court or administrative order. We may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. To provide important information regarding the renewal of agreements, version upgrades, and other alterations related to Company products and services used by customers. MathWorks may employ subsidiaries, partners, service providers, authorized distributors, and other third parties in order to fulfill the purposes described above. These entities may be located throughout the world. MathWorks may also release current or past user information to third parties for limited purposes in the event MathWorks believes that usage is (i) in violation of the terms and conditions of use of the MathWorks Web site and/or (ii) associated with the commission of unlawful acts. MathWorks may also disclose aggregate information to third parties. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-U.S. Privacy Shield, MathWorks is potentially liable. IP addresses and cookies. We use your IP address to administer our Web site and, occasionally, to help diagnose problems with our server. We may use data collected in Web server log files, JavaScript code, and cookies to analyze visitors’ behavior to better understand their needs. When you visit the MathWorks Web site and access “My Account” applications, one or more cookies may be placed on (or read from) your machine if your browser is set to accept cookies. A cookie is a small data file that we transfer to your computer’s hard drive through your Web browser. These cookies do not store any personal information on your hard drive; they consist of a simple code that is used to access your account information, maintain current session data, gather broad demographic information, and help analyze Web site traffic. MathWorks may use such non-personal information for a variety of purposes including, but not limited to, market research and improving the content of our Web site. Although Web browsers typically allow cookies by default, you may choose not to receive cookies by modifying the settings of your Web browser to disable cookies. If you choose to decline cookies, you may not be able to take advantage of all of the features of this Web site or other Web sites you visit. MathWorks engages a third-party Web traffic analysis company to log aggregate information coming through our Web site on our behalf. MathWorks controls how that data may and may not be used. When you visit our Web site, the third-party Web traffic analysis company may use technical tracking methods such as cookies that will be listed under the domain 2o7.net, and Web beacons, on our behalf, and may receive anonymous information about your browsing on our Web site. These technical tracking methods are not used to relate Web site visitors to any personally identifiable information. Information collected by MathWorks is unique to individual visitors but is not personally identifiable to the third-party Web traffic analysis company. Such information provided to MathWorks may be re-associated by MathWorks with previously collected information for internal purposes only, including but not limited to providing visitors with relevant content. We may also use these technical tracking methods in e-mails to determine whether the recipients have opened such e-mails, clicked on links contained in those e-mails, and continued to browse our Web site. No personally identifiable information, such as your name, street address, or e-mail address, is shared with the third-party Web traffic analysis company. We allow third-party companies, including a third-party social bookmarking service, to collect certain anonymous information when you visit our Web site and share or bookmark content. 3. How we protect your order information MathWorks Store (https://www.mathworks.com/store/) has security measures in place to protect the order information under our control against loss, misuse, destruction, and alteration. We use industry-standard security measures called SSL encryption. Encryption helps protect your credit card number and personal information by scrambling the data in transit to the MathWorks Store. We encrypt every order. If you would prefer to give your information by phone, you may call 508-647-7000. 4. How to remove or update your information MathWorks sends many types of e-mail including electronic newsletters (MathWorks News & Notes and MATLAB® Digest), and event announcements. You may choose not to receive these types of correspondence. You can remove your name from e-mail lists: E-mail list removal form (https://go2.mathworks.com/preference-center) Note: If you are a licensed customer, you will continue to receive operational correspondence, such as e-mail notification of new releases and maintenance renewal notifications. Correct/update your contact information: MathWorks acknowledges that you have the right to access your personal information. You also have the choice to opt-out of use of your personal information for any purpose other than the purpose for which the data was collected or which you have subsequently authorized. If you wish to access or limit use or disclosure of your personal information, please contact us via email at service@mathworks.com or phone at 508-647-7000. MathWorks is committed to keeping your information as accurate as possible, in order to provide the best service to you. If you have a MathWorks Account (https://www.mathworks.com/accesslogin/), you may make the necessary changes to your information online. If you do not have an account, please contact us via e-mail at service@mathworks.com or phone at 508-647-7000. 5. How your information submitted to MATLAB® Central may be used The MATLAB® Central (https://www.mathworks.com/matlabcentral/) portion of MathWorks Web site requests information of contest participants and users contributing files and products to the File Exchange area. MATLAB Central also contains access to the comp.soft-sys.matlab newsgroup. Be advised that any content you submit to MATLAB Central, including personal information and postings to the comp.soft-sys.matlab newsgroup, is not subject to the protections that may be afforded information collected under other sections of the MathWorks Web site. The content you submit will be accessible from any part of the world via Web technology, and any information your submissions contain may be used by MathWorks and the public, both within and outside the country from which you posted. 6. How we collect information through products To enable you to use our products, we may request or collect information such as your name, e-mail address, physical location, phone number, title, company name, and/or system login name. Such information may be used to activate, register, or update your product or license. This allows us to understand your requirements; to ensure safe, secure, and effective licensing of our products; and to provide you with information that you may need for support in the future. MathWorks will use information provided or collected only in ways consistent with this Privacy Policy. MathWorks may also collect usage and device data through MATLAB Mobile, such as the type of operating system running on your device or the number of times that you access MATLAB Mobile. This data is not personally identifiable and will not be associated with your personal information. It is collected solely for the purpose of MathWorks’ internal analytics, and is not shared with third parties. 7. How long we store your information We may keep your information for as long as your account is active or as needed to provide you services. We may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse, and enforce our agreements. Changes to the Privacy Policy MathWorks may make improvements or changes in the information, services, products, and other materials on the MathWorks Web site at any time without notice. MathWorks may modify this Privacy Policy at any time, and such modifications shall be effective immediately upon posting of the modified Privacy Policy. Notification of material changes to this Privacy Policy will be provided by noting a new "updated" date in connection with the Privacy Policy link that appears at the bottom of each page. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, please contact us (https://www.mathworks.com/company/feedback/). Updated September 23, 2016 Cairns Airport Free Wifi End User License Agreement End User Licence Agreement Important notice This end-user licence agreement (EULA) and the Privacy Policy (Privacy Policy) (together the Terms and Conditions) constitute the legal agreement between you (You or Your) and Purple WiFi Limited (We, Us or Our)) relating to the provision by Us to You of a wireless internet access service (the Service) to be used by You at any venue where the Service is available (a Purple Venue). Please read this EULA and the Privacy Policy carefully. If You do not accept the Terms and Conditions We will not permit access to the Service and the joining process will immediately terminate. By joining and using the Service You agree to be legally bound by the Terms and Conditions. Agreed terms Acknowledgements and consents You acknowledge that the Terms and Conditions (as may be amended from time to time) apply to the use of the Service (including any future updates to it) by You. You acknowledge and accept that We may change the Terms and Conditions at any time. All changes (if any) will be communicated to You through a link on the log-in page for the Service. You will be required to read and accept any such changes to continue using the Service. You must have obtained the permission of the owner of any computer, tablet, mobile telephone, smart phone or other electronic device (Device) which You use to access the Service (and which is not owned by You) to use the Service. By accepting the Terms and Conditions You accept responsibility for the use of the Service on any Device whether or not you own it. You accept that You may be charged by Your service provider for internet access through the Device. You acknowledge and agree that internet transmissions are never completely private or secure and that any information which You send by using the Service may be read or intercepted by another party even if there is a special notice that a particular transmission is encrypted. You consent to Us collecting and using technical information about Your Device (and any related software, hardware and peripherals) to evaluate, improve or refine the Service in accordance with the Privacy Policy. You consent to the transmission, collection, processing, maintenance and use by Us (and Our licensees) of any location data sent from the Device to evaluate, improve or refine the Service in accordance with the Privacy Policy. You acknowledge that the internet is separate from the Service and that websites accessed by You via the Service are not under the control of Us and that We are not responsible for and do not endorse their content or privacy policies (if any). You undertake that You will use Your own judgement regarding any interaction with any such website including the purchase of any products or services accessible through them. You acknowledge and agree that all intellectual property rights in the Service (and its underlying technology) belong to Us (or Our licensors) and that You have no rights in or to the Service other than the non-exclusive and non-transferrable right to use it in accordance with the Terms and Conditions. Provision of the Service In consideration of You accepting the Terms and Conditions, We agree to provide the Service to You until such time as We cease provision of the Service to You. You may stop using and We may stop providing the Service at any time. Acceptable use You agree that You will use the Service in accordance with the Terms and Conditions and that You will not (and will procure that any person using Your Device does not) use the Service for any commercial, unlawful, immoral or malicious purpose, nor will You (nor any person using Your Device) in the course of using the Service: introduce any code, virus or data which is harmful to the Service or any operating system; or transmit, store, publish or upload any electronic material which is likely to cause damage or limit the functionality of any telecommunications equipment or any computer software or hardware; or infringe any intellectual property right belonging to Us or any other party; or send, receive, publish, distribute, transmit, upload or download any material which is offensive, abusive, defamatory, indecent, obscene, unlawful; or otherwise objectionable; or invade the privacy of or cause annoyance or anxiety to or send any unsolicited correspondence to any other person. Limitations and exclusions The Service is provided to You on an 'as is' and 'as available' basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Terms and Conditions. Save as provided in clause 4(iv), We shall not be liable to You for any losses (whether direct, indirect or consequential) caused by failures, errors, delays or interruptions of, in or to the Service. Save as provided in clause 4(iv), We shall have no liability to You if any third party gains access to Your connection to the Service or Your Device or destroys or damages any data or information held by You or information about You which is held by Us. Nothing in the Terms and Conditions shall limit or exclude Our liability for (a) death or personal injury resulting from Our negligence, (b) fraud or fraudulent misrepresentation or (c) any other liability that cannot be excluded by law. General The Terms and Conditions constitute the entire agreement between You and Us as to the provision of the Service and they (and any dispute or claims arising from them) are irrespective of the location from which the Service is accessed, governed by and shall be construed in accordance with the laws of England and Wales with the English courts having exclusive jurisdiction to settle any dispute or claim arising out of or in connection with them. Any notice to be given by Us to You may be given by post or email to any postal or email address given by You. Any notice to be given by You to Us may be given by post to Customer Services, Purple WiFi Limited, 1 Henry Square, 221 Old Street, Ashton Under Lyne OL6 7SR or by email to support@purplewifi.com. version 5.0 Cairns Airport Free Wifi Privacy Policy Privacy Policy Important notice This Privacy Policy and End User Licence Agreement (EULA) (together the Terms and Conditions) constitute the legal agreement between you (You or Your) and Purple WiFi Limited (We, Us or Our)) relating to the provision by Us to You of a wireless internet access service (the Service). Please read this Privacy Policy and the EULA carefully. If You do not accept the Terms and Conditions We will not permit access to the Service and the joining process will immediately terminate. By joining and using the Service You agree to be legally bound by the Terms and Conditions. This Privacy Policy sets out the basis on which any personal data which We collect from You, or that You provide to Us, will be processed by Us. If You do not accept that Your personal data will be collected, stored, held and used in accordance with this Privacy Policy then You should not accept the Terms and Conditions. If You are aged 16 or under, You will need the permission of Your parent or guardian before providing Us with any of Your personal data. Please remember that the internet is not a secure medium and be aware that communications over the internet such as emails and webmails are not secure unless they have been encrypted. Any communications which You make via the Service may be routed through a number of countries prior to reaching their intended recipient. Agreed terms: For the purpose of the Data Protection Act 1998 (Act), the data controller is Purple WiFi Limited of 1 Henry Square, 221 Old Street, Ashton Under Lyne, OL6 7SR. Our company number is 6444980. Data that we may collect from you We will collect and process any and all of the following data about You: any log in information which You provide, all information taken by Us from the social media account (e.g. Twitter, Facebook etc.) through which You access the Service (subject to Your privacy settings) and any information We receive about You when You enter a competition or promotion or when You report a problem with the Service (Submitted Information); any correspondence between You and Us, Your responses to any surveys that We ask You to complete for research purposes, details of any transactions which You carry out through the Service, Your browsing history and details of Your use of the Service including (without limitation) location data, weblogs and other communication data and resources accessed by You (Additional Information); any information which We collect about the computer, tablet, mobile telephone, smart phone or other electronic device used to access the Service (Device) including (where available) the unique device identifiers, operating system, browser type, mobile network information and telephone number (if applicable) of the Device (Device Information); any information which We collect about Your actual location and data collected by Us for WiFi enabled Devices present at a location by means of relative signal strength from WiFi access points from which an X/Y coordinate is calculated (Location Information); any data collected by Us when Your Device is used to access the Service including (without limitation) internet protocol addresses, internet service providers, clickstream data, browser type, language, viewed and exit pages and date and time stamps (Log Information). Cookies To allow Us to continually monitor and improve the standard of the Service, the Service uses cookies in order to distinguish You from other users. For more detailed information on the cookies used by Us and the purposes for which We use them, please utilise the link on the log in page. Storage and retention of your data All Submitted Information, Additional Information, Device Information, Location Information and Log Information that We collect from You (Your Data) is stored by Us on Our secure regional specific servers. Your Data may also be transferred to and stored at a location which is outside the region. Your Data may be processed by staff who are located outside the region who work for Us or one of Our suppliers either in the provision of the Service or the provision of support services. We will take all reasonable steps to ensure that Your Data is collected, transferred and stored securely and in accordance with this Privacy Policy. Use of your data We may use Your Data in any or all of the following ways: to give You information regarding goods and services available at or near the venue at which You are using the Service; to give to the owner or sponsor of the venue at which You are using the Service to enable such owner or sponsor to see how and by whom such venue is being used and to communicate with You directly for marketing purposes; to collate and aggregate information to Our advertisers, sponsors or selected third parties for consumer analysis; to associate Submitted Information and/or Additional Information and/or Device Information and/or Location Information and/or Log Information to enable analysis by Us and the owner or sponsor of the venue at which You are using the Service as to how people move around such venue - in such circumstances, the MAC address of Your Device is masked to prevent linking data to other sources; to provide You with information about goods and services which may be of interest to You or to pass to selected third parties for the purpose of doing so - in such circumstances You will only be contacted by electronic means. Disclosure We may disclose Your Data to: any member of Our group (meaning Our subsidiaries, any holding company of Us and any other subsidiary of Our holding company (each as defined in section 1159 Companies Act 2006)); any person in accordance with clause 4; any person who acquires or proposes to acquire a material part of Our business, assets and/or undertaking; any person or governmental or regulatory authority where We are under a legal or regulatory obligation to do so; any person in order to apply or enforce the Terms and Conditions or to protect Our rights, property or safety or the rights, property or safety of any of Our customers or employees; any person where We believe that someone's safety is at risk; any person for the purposes of fraud protection and/or credit risk evaluation and/or reduction. We do not disclose information about identifiable individuals to Our advertisers but We may provide them with aggregated information which We have gleaned from Your Data and other data held by Us as regards genders, age groups and other demographic analysis. We may use such aggregated information to assist Our advertisers and sponsors to reach their target audiences. We may make use of Your Data to enable Us or Our sponsors and/or advertisers to suitably target any advertisement or promotion. Your consent By accepting the Terms and Conditions You give Your express consent to: our use of Your Data in any and all of the ways detailed in clause 4; our disclosure of Your Data in any and all of the ways detailed in clause 5.1; being contacted by Us, any of Our advertisers, sponsors, selected third parties and/or any owner or sponsor of any venue at which You use the Service about goods or services which We think may be of interest to You by means of email and/or SMS (text) messages. Third party sites The Service may, from time to time, contain links to and from third party websites. You should note that if You follow a link to any such website, the operator of such website will have its own privacy policy which may not be comparable to this Privacy Policy. We do not accept any responsibility or liability for any such website or for any of Your personal data which is collected through them. You should check the relevant privacy policy and satisfy yourself as to its suitability and the safety of Your personal data before You submit any of Your personal data. General The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any such access request will be subject to an administration fee of £10 or currency equivalent to meet some of the costs of Us providing such information to You. We may change this Privacy Policy from time to time. All changes (if any) will be communicated to You and You will be required to read and accept any such changes to continue using the Service. We are committed to the need for transparent privacy policies in the field of mobile location analytics and to the Future of Privacy Forum Mobile Location Analytics Code of Conduct. We undertake to comply in all respects with the Act. The Terms and Conditions are governed by and shall be construed in accordance with the laws of England and Wales. We do not undertake that compliance with the Act constitutes compliance with all applicable laws relating to data protection in any jurisdiction other than England and Wales and, to the extent that We do not comply with any law relating to data protection in any jurisdiction other than England and Wales, You, by accepting the Terms and Conditions, irrevocably waive any such non-compliance Any notice to be given by Us to You may be given by post or email to any postal or email address given by You. Any notice to be given by You to Us may be given by post to Customer Services, Purple WiFi Limited, 1 Henry Square, 221 Old Street, Ashton Under Lyne OL6 7SR or by email to support@purplewifi.com. Version 5.0 Cairns Airport Free Wifi Terms and Conditions This complimentary Wi-Fi is for public passenger use only, and is not to be used for Commercial or Business use. Airport staff are specifically excluded from using this service. The MathWorks, Inc. Software License Agreement IMPORTANT NOTICE READ THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT CAREFULLY BEFORE COPYING, INSTALLING, OR USING THE PROGRAMS OR DOCUMENTATION. THE LICENSE AGREEMENT TOGETHER WITH ANY APPLICABLE ADDENDUM REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND THE MATHWORKS, INC. ("MATHWORKS") CONCERNING THE PROGRAM(S) AND DOCUMENTATION. BY COPYING, INSTALLING, OR USING THE PROGRAMS AND DOCUMENTATION, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, DO NOT COPY, INSTALL, OR USE THE PROGRAMS AND DOCUMENTATION. _________________________________________________________________ The MathWorks, Inc. Software License Agreement Installation and Use Addendum (if applicable) Academic Installation and Use Addendum (if applicable) Student License and Home License Installation and Use Addendum (if applicable) Deployment Addendum The MathWorks, Inc. Software License Agreement 1. DEFINITIONS. 1.1. "Licensee" means you, whether an individual or an entity, to whom MathWorks grants the License, and who is responsible for complying with the contractual obligations of the License, and ensuring that anyone permitted access to the Programs also complies with such obligations. 1.2. "Affiliate" means a legal entity which is controlled by, or controls, or is under common control with Licensee. Control means (i) beneficial ownership of at least fifty percent (50%) of the voting securities of a corporation or other business organization with voting securities, or (ii) a fifty percent (50%) or greater interest in the profits and capital of a partnership or other business organization without voting securities, provided that no other individual or entity other than the Licensee also has an equal fifty percent (50%) ownership or interest in the legal entity. Notwithstanding the foregoing, unless MathWorks provides its express written consent to treat the entity as an Affiliate, an Affiliate shall not include any entity that MathWorks has expressly refused to license (or grant access under a license to) its software products or that had a license for MathWorks software products that MathWorks expressly terminated. 1.3. "Application" shall have the meaning ascribed to it in Section 4.1 of the Deployment Addendum anywhere the term is used in the upper case in this Agreement. 1.4. "Computer" means either (i) a single physical hardware system containing a single motherboard running an operating system, or (ii) a virtual machine running an operating system. 1.5. "Documentation" means the user guides, if any, accompanying delivery of a Program on DVD or made available at mathworks.com/help, as may be updated from time to time, including the bug reports made available at mathworks.com/support/bugreports. Documentation may be delivered in any medium or language. 1.6. "Internal Operations" means the use of a Program by employees, consultants, student interns, and software administration contractors of Licensee or an Affiliate on behalf of the Licensee or Affiliate. 1.7. "Licensed User" means an individual authorized by MathWorks or the Licensee to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 1.8. "License Manager" means the FlexNet license management software, or the MathWorks Hosted License Manager ("MHLM"), provided with the Program(s). 1.9. "License Option" means the specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to this Agreement, as described in the applicable Installation and Use Addendum, and including restrictions associated with the License being an "Annual License," "Term License," "Perpetual License," "Student License," "Home License" or "Certain MATLAB Distributed Computing Server ("MDCS") Uses," as described under Article 10 of this Agreement. 1.10. "Licensor" means the person who, or entity which, grants a license to MathWorks to redistribute that person's or entity's intellectual property. 1.11. "Perpetual License" means the right to use the License indefinitely provided that the Licensee always remains in compliance with the terms of this Agreement. 1.12. "Program" means the software licensed hereunder, including Documentation, enhancements and error corrections. Each product licensed hereunder is a separate Program. 1.13. "Third Party" means any person or legal entity that is not MathWorks, the Licensee, or an Affiliate. 1.14. "Third Party Software" means the software referenced in Article 8 of this Agreement. 2. ACCEPTANCE AND REFUNDS. If Licensee does not accept the terms and conditions of this License and any applicable Addendum, or if Licensee terminates this License, for any reason, within thirty (30) days of Program delivery (the "Acceptance Period"), then Licensee shall immediately return the Programs licensed hereunder to MathWorks or the authorized distributor from whom Licensee acquired the Programs and, if returned within the Acceptance Period, shall receive a full refund. By retaining a Program throughout the Acceptance Period, Licensee accepts the applicable rights, and agrees to be bound by the applicable obligations and restrictions, of this Agreement including the License Option acquired with respect to that Program. 3. PROGRAM TRIAL EVALUATION. Licensee agrees to use any Program provided to Licensee as a trial or evaluation only for the period of the trial evaluation which may be controlled by a license key code, only to evaluate it individually for potential purchase of a license to the Program as an end-user, to conduct no business with it, and to remove it and all result files produced from any of Licensee's computers at the end of the trial or evaluation period and to comply with all other obligations and restrictions in this Agreement. 4. LICENSE GRANT. The MathWorks Programs are licensed, not sold. MathWorks hereby grants to Licensee, subject to the terms of this Agreement, a nonexclusive license (the "License") to: 4.1. install and use the Programs solely on Computers controlled by Licensee, in accordance with the License Option acquired as provided in the relevant Installation and Use Addendum, and solely for Internal Operations; 4.2. provide access to online Documentation on Licensee's intranet, provided it is not accessible over the open Internet; 4.3. print portions of the online Documentation for reasonable use by Licensed Users; and 4.4. use the Programs as expressly set forth in the Deployment Addendum. 5. LICENSE RESTRICTIONS. The License is subject to the express restrictions set forth below and any other restrictions set forth in any signed agreement between MathWorks and Licensee. Licensee shall not, and shall not cause or permit any Affiliate or any Third Party to, directly or indirectly: 5.1. modify or create any derivative work of, a Program or any part of a Program, except as expressly permitted in Article 8 of this Agreement and in the Deployment Addendum. Notwithstanding anything to the contrary contained herein, any such permitted modifications must be consistent with all other terms of this Agreement; 5.2. use a Program or any part of a Program, for any act which infringes copyright of a Program including developing, producing, or testing a computer program containing a feature or functionality that is substantially similar in its expression to the expression contained in a Program or any part of a Program; 5.3. adapt, translate, copy, or convert all or any part of a Program in order to create software, a principal purpose of which is to perform the same or similar functions to a Program or to replace a Program or any component of a Program; 5.4. rent, lease, or loan the Programs; use the Programs for supporting Third Parties' use of the Programs, time share the Programs, or provide service bureau or similar service use; 5.5. disassemble, decompile, reverse engineer a Program, or any portion thereof, or attempt to gain access to its method of operation or source code; 5.6. sell, license, sublicense, provide access, publish, display, distribute, disseminate, assign, or otherwise transfer (whether by sale, exchange, lease, gift, or otherwise) to a Third Party the Programs, any copy or portion thereof, or any License or other rights thereto, in whole or in part, without MathWorks' prior written consent, except as expressly permitted in the Deployment Addendum; 5.7. alter, remove, or obscure any copyright, trade secret, patent, trademark, logo, proprietary and/or other legal notices on or in copies of the Programs; 5.8. use MathWorks' name, trade names, logos, or other trademarks of MathWorks or any of its Affiliates or Licensors in any advertising, promotional literature or any other material, whether in written, electronic, or other form, distributed to any Third Party, except in the form provided by MathWorks, and then solely for purposes of identifying MathWorks' Programs; 5.9. provide access (directly or indirectly) to the Programs via a web or network Application, except as permitted in Article 8 of the Deployment Addendum; 5.10. copy, make available for copy, or otherwise reproduce the Programs, in whole or in part, except either (a) as may be required for their installation for the purpose of executing the Program in accordance with the License Option, (b) as expressly permitted in the Deployment Addendum, or (c) to make a reasonable number of copies solely for back-up purposes provided that any such permitted copies shall reproduce all copyright, trade secret, patent, logo, proprietary and/or other legal notices contained in the original copy obtained from MathWorks; 5.11. access or use Programs that Licensee is not currently licensed to access or to use; 5.12. allow the Programs to be accessed or used by a Third Party except as specifically provided in this Agreement; 5.13. disclose or transfer the activation key, login credentials, and/or license file to a Third Party, or allow them to be used by a Third Party except as provided herein; 5.14. republish the Documentation, except as expressly permitted in Article 4 of this Agreement; 5.15. create a server for code generation or deployment Applications for any of the MATLAB Compiler, MATLAB Compiler SDK, MATLAB Coder, Filter Design HDL Coder, Simulink Coder, HDL Coder, Simulink PLC Coder, Embedded Coder, Simulink Design Verifier, Simulink Verification and Validation, Simulink Code Inspector, MATLAB Report Generator, and Simulink Report Generator Programs; 5.16. disable or circumvent any technical limitations in the Programs or disregard other limitations as set forth in mathworks.com/ineligible_programs including those limitations that prevent certain Programs or Program components from being compiled, distributed, called from a web application, or used with the MATLAB Distributed Computing Server, as the case may be. Licensee agrees not to work around these limitations; 5.17. access, enable access to, modify, translate, or deploy temporary intermediate files produced by a Program; 5.18. make any use of the License on behalf of or for the benefit of a Third Party or an Affiliate in any manner that would constitute a violation of this License if such use were directly made by the Third Party or the Affiliate or cause any Third Party or Affiliate to make any use of the License on behalf of or for the benefit of Licensee or an Affiliate in any manner that would constitute a violation of this License if such use were directly made by Licensee or Affiliate; 5.19. acquire the License if a principal purpose of the acquisition is to transfer or assign the License to a Third Party unless expressly permitted by MathWorks; 5.20. mechanize or automate the process of checking out or in license keys for one or more Programs, including by running a second session of a Program, running a Program to serve multiple users, or rebooting the License Manager, for a principal purpose of minimizing the License check out time of any Programs, or otherwise circumventing the intended License Manager operation; 5.21. use a License Manager other than the one which was provided with the most recent version of the Programs Licensee is using; 5.22. take any action that requires any portion of the Programs to be made subject to end-user rights incompatible or inconsistent with the restrictions set forth in this Agreement; and/or 5.23. with respect to a complimentary License that is awarded by MathWorks for student and similar competitions, course support, research, fellowship participation, and teaching assistance, contravene any additional restrictions set forth in the award letter provided to Licensee. 6. ADDITIONAL FEES. The fees for the License are determined based upon the country where all Licensed User(s) are principally located. Additional fees may apply to a transfer of the License, or the principal location of any Licensed User, to another country, or to contract for global use. MathWorks may restrict a transfer of a License to another country or restrict its use in another country if MathWorks reasonably believes that such transfer or use will result in a breach of this Agreement. 7. RETENTION OF RIGHT, TITLE AND INTEREST BY MATHWORKS AND ITS LICENSORS. The Programs shall at all times remain the property of MathWorks and/or MathWorks' Licensors and Licensee shall have no right, title, or interest therein, except as expressly set forth in this Agreement. Licensee shall take appropriate action by instruction, agreement, or otherwise with any persons permitted access to the Programs, so as to enable Licensee to satisfy its obligations under the terms of this Agreement, including disabling access to the Programs, in the event of a transfer of the License. 8. LICENSES FOR THIRD PARTY SOFTWARE, SERVICES, AND DATA. MathWorks has been granted licenses to distribute certain Third Party Software as part of or included with the Programs licensed. These licenses require MathWorks to distribute the software to Licensee subject to specific terms and conditions, which may provide rights and impose restrictions for use of the Programs, including deployment of Applications, that are different from or additional to those contained herein. Should such Third Party Software be provided under the Lesser General Public License, Licensee may make modifications of the work identified in Section 6 of the Lesser General Public License for Licensee's own use and reverse engineering for debugging such modifications. Licensee agrees that acceptance of this Agreement also confirms Licensee's acceptance of any applicable Third Party Software licenses. Such Third Party licenses may be viewed at mathworks.com/thirdpartylicenseagreementsR2016b. Certain MathWorks Programs may also provide an interface to facilitate Licensee's use of Third Party services and data governed by the terms and conditions set forth in such Third Party's applicable agreements with Licensee. This Agreement does not grant any additional rights to access or use such Third Party services or data made accessible through the use of MathWorks Programs. 9. SOFTWARE MAINTENANCE SERVICE. During any paid Software Maintenance Service term, if applicable, MathWorks shall provide its customary Software Maintenance Service for the licensed Programs which consists of: delivering subsequent releases of the Programs, if any, that are not charged for separately; exerting reasonable efforts to both (a) provide, within a reasonable time, workarounds for any material programming errors in the current release of the Programs that are directly attributable to MathWorks, and (b) correct such errors in the next available release, provided Licensee provides MathWorks with sufficient information to identify the errors. During this same paid Software Maintenance Service term, Licensee shall also be entitled to receive technical support for the current release. Technical support means assistance by telephone, web, and e-mail with the installation and/or use of the then-current release of the licensed Programs, including all available bug fixes and patches, and their interaction with supported hardware and operating systems ("Platforms"). Software Maintenance Service may provide access to certain online features and services made available by MathWorks from time to time. Licensee understands and agrees that access to such online capabilities shall expire unless Licensee renews its Software Maintenance Service. MathWorks reserves the option to discontinue, in whole or in part, and at any time, offering Software Maintenance Service and/or technical support for any Program, feature of a Program, or Platform or to refuse to provide Software Maintenance Service to a Licensee whom it reasonably believes is in breach of this Agreement. 10. LICENSE DURATION ("TERM"). This Agreement shall continue until the earlier of (a) termination by MathWorks or Licensee as provided below, or (b) such time as there are no Programs being licensed to Licensee hereunder. 10.1. For Annual Licenses: Licensee understands and agrees that each Annual License and associated Software Maintenance Service will expire automatically and the Programs will stop operating promptly after its corresponding one (1) year period, unless Licensee renews its License by remitting the then-current annual License fee and provided the Licensee always remains in compliance with the terms of this Agreement. 10.2. For Term Licenses: Licensee understands and agrees that each Term License and associated Software Maintenance Service will expire automatically and the Programs will stop operating promptly after the corresponding period of the term licensed, unless Licensee renews its License by remitting the then-current term License fee and provided the Licensee always remains in compliance with the terms of this Agreement. 10.3. For Perpetual Licenses: Licensee shall have the right to use the Programs indefinitely, subject to the termination provisions in this Agreement. Licensee understands and agrees that the Software Maintenance Service for each Perpetual License will terminate automatically upon expiration of the initial Software Maintenance Service term included with the acquisition of the License. Thereafter, the Software Maintenance Service term may be renewed for any Program, at the then-current price, and for the then-applicable term, as long as MathWorks offers such Software Maintenance Service for such Program and provided the Licensee always remains in compliance with the terms of this Agreement. 10.4. For Student Licenses and Home Licenses: See the Student License and Home License Installation and Use Addendum for the License Term. 10.5. For Certain MDCS Uses: Licensee's use of MDCS in the manner described in Section 3.2.2 of either the Installation and Use Addendum or the Academic Installation and Use Addendum may be terminated at any time upon sixty days' notice, or sooner if, for any reason, MathWorks is involuntarily required to terminate the availability of such use. 11. TERMINATION. MathWorks may terminate this Agreement and all Licenses granted hereunder by written notice to Licensee if Licensee breaches any material term of this Agreement, including failure to pay any License fees due, and Licensee has not cured such breach within sixty (60) days of written notification. MathWorks may immediately terminate this Agreement and all Licenses granted hereunder if, after requesting and failing to receive from the Licensee adequate assurances of compliance with the terms of this Agreement, MathWorks reasonably believes that Licensee is or is intending to breach any material term of this Agreement. MathWorks may immediately terminate upon notice this Agreement and all Licenses granted hereunder should Licensee breach the terms and conditions of Articles 4, 5, 7, and/or 12. If Licensee or any of its Affiliates commences or participates in any legal proceeding against MathWorks or any of MathWorks' Affiliates challenging or asserting any intellectual property rights in or against any of the Programs licensed hereunder, then MathWorks may, without waiving any other legal rights or remedies available to it, immediately terminate this License. The foregoing sentence only applies to (a) a Licensee who has as its principal business the holding of patents and who does not engage, either directly or through an Affiliate, in any material active business of making products that embody the patents or (b) a Licensee who engages, either directly or through an Affiliate, in a principal business of licensing or making available commercial off the shelf ("COTS") software to Third Parties. Licensee may terminate this License at any time, for any reason. Licensee shall not be entitled to any refund if this License is terminated, except for License fees paid for any Programs for which the Acceptance Period has not expired at the time of termination. Upon termination for any reason, Licensee shall promptly return all but archival copies of the Programs in Licensee's possession or control, or promptly provide written certification of their destruction. 12. EXPORT CONTROL. The Programs may be subject to U.S. export control laws or other (U.S. and non-U.S.) governmental export and import laws and regulations. Notwithstanding any other term of this Agreement or Third Party agreement, Licensee's rights under this Agreement may not be exercised by Licensee or any Third Party in violation of such laws and regulations, nor may this Agreement be transferred to any party where doing so would result in such a violation. The terms of any limitation on the use, transfer or re-export of the Programs imposed by MathWorks in any Destination Control Statement or other document for the purpose of export control shall prevail over any term in this Agreement. It shall be Licensee's responsibility to comply with the latest United States or other governmental export and import regulations. 13. FEDERAL ACQUISITION. This provision applies to all acquisitions of the Programs and Documentation by, for, or through the federal government of the United States. By accepting delivery of the Programs or Documentation, the government hereby agrees that this software or documentation qualifies as commercial computer software or commercial computer software documentation as such terms are used or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014. Accordingly, the terms and conditions of this Agreement and only those rights specified in this Agreement, shall pertain to and govern the use, modification, reproduction, release, performance, display, and disclosure of the Programs and Documentation by the federal government (or other entity acquiring for or through the federal government) and shall supersede any conflicting contractual terms or conditions. If this License fails to meet the government's needs or is inconsistent in any respect with federal procurement law, the government agrees to return the Programs and Documentation, unused, to MathWorks. 14. EUROPEAN UNION SOFTWARE DIRECTIVE. For any Licensed User properly licensed to use the Programs within the European Union, any contractual provisions of this Agreement contrary to laws implemented pursuant to Article 6 of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs or to the exceptions provided for in Article 5(2) and (3) of such Directive shall be null and void solely to the extent decompiling, disassembling, or otherwise reverse-engineering of the Programs is necessary to enable the Licensee to achieve the interoperability of an independently created program with the Programs or any other permitted objectives specified by such laws implemented under such Directive (collectively, the "Permitted Objectives"), consistent with the Directive, provided that any such information gained is used solely for such Permitted Objectives and solely in the European Union. 15. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or other conclusive proof of tax exempt status, Licensee shall pay all applicable sales, use, excise, value-added, and other taxes, duties, levies, assessments, and governmental charges payable in connection with this Agreement or the Licenses granted hereunder, excluding taxes based on or measured by MathWorks' income, for which MathWorks shall be solely responsible. 16. ASSIGNMENT. Licensee may not assign or otherwise transfer this Agreement and any License hereunder, by operation of law or otherwise, without the written consent of MathWorks. Licensee agrees that MathWorks may withhold such consent if it determines, in its sole discretion, that a principal purpose of the acquisition of this License was to assign the License to a Third Party. In the case of any permitted or other lawful assignment or transfer, the terms of this Agreement including any License hereunder shall be binding upon, and inure to the benefit of, the transferee or assignee. 17. LIMITATION OF LIABILITY. The Programs should not be relied on as the sole basis to solve a problem or implement a design whose incorrect solution or implementation could result in injury to person or property. If a Program is employed in such a manner, it is at the Licensee's own risk and MathWorks and its Licensors explicitly disclaim all liability for such misuse to the extent allowed by law. MathWorks' and MathWorks' Licensors' liability for death or personal injury resulting from negligence or for any other matter in relation to which liability by law cannot be excluded or limited shall not be excluded or limited. Except as aforesaid, (a) any other liability of MathWorks and its Licensors (whether in relation to breach of contract, negligence or otherwise) shall not in total exceed the amount paid to MathWorks under this Agreement in the twelve month period preceding the claim in question, for the Program with respect to which the liability in question arises; and (b) MathWorks and its Licensors shall have no liability for any indirect or consequential loss (whether foreseeable or otherwise and including loss of profits, loss of business, loss of opportunity, and loss of use of any computer hardware or software). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to Licensee. 18. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that MathWorks, on its own behalf or through its Licensors, has the right to grant the License rights hereunder. MathWorks warrants that the physical media provided shall be free from defects in material and workmanship for a period of ninety (90) days from delivery, or it will be replaced by MathWorks at no cost to Licensee. MathWorks further warrants, for a period of one (1) year from delivery or for the term of the License, whichever is less, that each copy of each Program will conform in all material respects to the description of such Program's operation in the Documentation. In the event that a Program does not operate as warranted, Licensee's exclusive remedy and MathWorks' sole liability under this warranty shall be the correction or workaround by MathWorks of major defects within a reasonable time. Should such correction or workaround be impractical, MathWorks may, at its option, terminate the relevant License and refund the initial License fee paid to MathWorks for such Program. All requests for warranty assistance should be directed to The MathWorks, Inc., 3 Apple Hill Drive, Natick, MA 01760-2098, U.S.A. 19. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth in Article 18 of this Agreement (or as implied by law where the law provides that the particular terms implied cannot be excluded by contract), any and all Programs, Documentation, and Software Maintenance Services are delivered "as is" and MathWorks makes and the Licensee receives no additional express or implied warranties. MathWorks and its Licensors hereby expressly disclaim any and all other conditions, warranties, or other terms of any kind or nature concerning the Programs, Documentation, and Software Maintenance Services (including, without limitation, any with regard to infringement, merchantability, quality, accuracy, or fitness for a particular purpose or Licensee's purpose). MathWorks also expressly disclaims any warranties that may be implied from usage of trade, course of dealing, or course of performance. Except for the express warranties stated in Article 18 of this Agreement, the Programs, Documentation, and Software Maintenance Services are provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with Licensee. MathWorks does not warrant that the Programs and Documentation will operate without interruption or be error free. Some states and countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Licensee. The warranty in Article 18 gives Licensee specific legal rights and Licensee may also have other rights which vary from state to state and country to country. Licensee accepts responsibility for its use of the Programs and the results obtained therefrom. 20. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the State of Delaware United States of America, without regard to its conflicts of law provisions, and both parties consent to the jurisdiction of the federal and state courts located in said State and consent to the service of process, pleadings and notices in connection with any and all actions initiated in such courts. The parties agree that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdiction. To the extent any governing law, treaty, or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent required by such law, treaty, or regulation. If any provision of this Agreement shall be otherwise unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible. In either case, the remainder of this Agreement shall not be affected. The parties agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The parties further agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state, in any form ("UCITA"), shall not apply to this Agreement. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the Opt-Out provision(s) contained therein. 21. COMPLIANCE WITH LICENSES. Licensee agrees to notify MathWorks promptly upon discovery of any failure to comply with this Agreement. Licensee agrees that, no more than once every twelve (12) months or within a reasonable time after a transfer, in addition to any other remedies at law or in equity, MathWorks or its authorized representative shall, upon reasonable prior notice, have the right to inspect Licensee's and Licensee's Affiliates' records, systems, and facilities, during normal business hours, to verify that Licensee's and its Affiliates' use of the Programs is in conformity with valid licenses and otherwise comply with this Agreement. If a verification discloses that Licensee's or any of its Affiliates' use is not in conformity with a valid license, Licensee shall immediately take all necessary steps to cure any past defaults, including paying any unpaid license fees, to bring Licensee's or any of its Affiliates' use into conformity. 22. LICENSE MANAGEMENT. The Programs contain technology for the prevention of unlicensed use. The Programs require activation to exercise your rights under this Agreement. You may also need to activate if you redesignate the Programs on your License or modify your hardware. Activation associates the use of the Programs with a specific Computer, and in some cases the Licensed User. During activation, data about the Programs and the Computer will be transmitted to MathWorks. This data includes the License information, Computer identification, and location. Some License Options may require the MathWorks Account information and the operating system user name for the Licensed User. A License file will be provided to complete activation. 23. HEADINGS. The inclusion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 24. ENTIRE AGREEMENT. This Agreement, and any applicable Addendum thereto including any documents referenced therein are incorporated herein by reference, and contain the entire understanding of the parties and may not be modified or amended or superseded except by a written agreement signed by MathWorks and Licensee. Such written agreement may include, in addition to any other terms, restrictions on Licensee's use of the Programs that are in addition to or inconsistent with the terms set forth in this Agreement including any addendum to this Agreement. In the event of any conflict between this Agreement and any purchase order executed by Licensee (whether executed before or after this Agreement), this Agreement shall prevail. The MathWorks, Inc. Software License Agreement - Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The Installation and Use provisions of this Addendum apply to each Program licensed under the Agreement. The applicable provisions are determined by the particular License Option that Licensee acquired. 2. DEFINITIONS. 2.1. Licensed User. An individual authorized by the Licensee to use the Programs for Licensee's Internal Operations, to the extent permitted by the License Option acquired. 2.2. License Option. The specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to the Agreement. 2.3. Named User. A Licensed User designated and identified by Licensee as the "Named User" for a License to a Program under either the "Individual" or "Network Named User" License Option. 3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each License Option. Licensee's right to install and use the Programs is determined by the License Option acquired. By accepting the terms and conditions of the Agreement, Licensee also accepts the License Option acquired. 3.1. License Options. 3.1.1. Individual. Program use is restricted to the single, designated Named User. Programs may be activated and used on one or more individual Computers, provided the Programs are only accessible to, and used by, the Named User for that License. The physical locations of the Computers used by the Named User to run the Programs are not limited; the Computers may be located at work, home, in a laboratory, or on a laptop. Licensee may only designate one Named User access to or use of the Programs under each Individual License. A Computer login of a Named User may not be shared with any other individual. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more than four (4) times in any twelve (12) month period. A Named User may not use a Program on more than two (2) Computers simultaneously. 3.1.2. Designated Computer. The Programs may only be activated and used on a single, physical (not virtual) designated Computer, provided the Programs are only operated from that Computer's console by only one Licensed User at any given time. Licensee may redesignate the Computer for a Program to a different Computer, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 3.1.3. Network Named User. Programs must be activated on a single Computer. Licensee must run the License Manager and edit the Local License Options file to maintain a list of Named Users authorized to use each Program. Licensee may redesignate Named Users for a Program, whether temporarily or not, no more than four (4) times in any twelve (12) month period, provided the number of Named Users never exceeds the number licensed per Program. Programs may be installed in a central location or on individual Computers to accelerate startup times, as long as the use on all Computers is controlled by the License Manager. A Named User may not use a Program on more than two (2) Computers simultaneously. A Computer login of a Named User may not be shared with any other individual. 3.1.4. Concurrent. Programs must be activated on a single Computer. Licensee must run the License Manager and may have only as many Licensed Users simultaneously using a Program at any given time as the number of Concurrent keys acquired for that Program. Subject to the foregoing, a Licensed User of the Concurrent License Option may utilize the Programs on any number of Computers served by a single License Manager provided that, before using a Program on any Computer, the Licensed User checks out a separate Concurrent key from the License Manager for that Computer. Programs may be installed in a central location or on individual Computers to accelerate startup times as long as the use on all Computers is controlled by the License Manager. Licensees of the Concurrent License Option are prohibited from providing Program access to users located outside a single country unless Licensee has contracted for global use. For the purposes of the immediately preceding sentence, member countries of the North American Free Trade Agreement ("NAFTA") shall be treated as a single country, and Iceland, Norway, Switzerland, and any member countries of the European Union ("EU") shall also be treated as a single country. 3.2. MATLAB Distributed Computing Server. 3.2.1. Licensees of the MDCS are permitted to install and make available Programs, other than Programs that are technically limited or otherwise limited as set forth at mathworks.com/ineligible_programs, on one or more Computers ("Computer Cluster") solely for use through the MDCS, provided that (1) the Programs on the Computer Cluster are controlled by a single License Manager for each MDCS, (2) the number of simultaneous Program sessions does not exceed the number of MDCS workers acquired, (3) access to any Program, whether in the MDCS or otherwise, remains limited to those persons who are Licensed Users of such Programs and the Parallel Computing Toolbox ("PCT"); (4) access to any worker must be enabled through a validly licensed use of the PCT; and (5) access to any Program, including the MDCS, is not made available (i) to any Third Party without the advance written consent of MathWorks, or (ii) to any user outside the country for which the MDCS is licensed, unless the Licensee has contracted for global use. For the purposes of the immediately preceding sentence, member countries of the North American Free Trade Agreement ("NAFTA") shall be treated as a single country, and Iceland, Norway, Switzerland, and any member countries of the European Union ("EU") shall also be treated as a single country. 3.2.2. Notwithstanding the restriction contained in Section 3.2.1(2) immediately above but subject to all other restrictions in Section 3.2.1, Licensed Users of MDCS may also scale the number of MDCS workers on the following additional terms: (1) Licensee employs the MathWorks Hosted License Manager ("MHLM") for its license management; and (2) Licensee agrees, on behalf of its Licensed Users, to the terms of use at mathworks.com/cloudcenterandondemandtermsofuse, including the obligation to pay all MDCS on-demand fees incurred by its Licensed Users applicable to their on-demand use, if any, of MDCS workers. Any fees that may be due to any cloud providers for use of their platforms, products, or services are separate and are the responsibility of the Licensee. 3.3. MATLAB Production Server. Licensees of the MATLAB Production Server ("MPS") are permitted to install and use MPS for the sole purpose of scheduling and running Applications generated with Licensee's validly licensed MATLAB Compiler Program, provided that the number of workers running simultaneously on one or more computers does not exceed the number of MPS workers acquired. Licensee may make the Applications running on MPS accessible to end users globally, including Third Parties, via a web interface, or other interface provided by Licensee, subject to the restrictions of Section 5.2 of the Deployment Addendum. 3.4. Polyspace Bug Finder and Polyspace Code Prover. Notwithstanding the provisions of Section 3.1 above, the number of Polyspace verification runs that a Licensed User may simultaneously execute using the Polyspace Code Prover or the Polyspace Bug Finder shall not exceed the number of keys available for the respective Polyspace Program. 4. REMOTE AND SHARED OPERATION Subject also to the foregoing: 4.1. Remote Access to the Desktop: Using the Microsoft Remote Desktop connection feature or similar technologies: 4.1.1. Named Users and Network Named Users may remotely access Programs for which they are licensed. 4.1.2. Concurrent Licensed Users may remotely access Programs served by the License Manager for the License under which they are operating. 4.1.3. The Licensee of a Designated Computer License may designate one Licensed User to remotely access the Programs licensed on the Designated Computer for operation on that Designated Computer. Licensee may redesignate such Licensed User, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 4.2. Shared Access to the Desktop: 4.2.1. A Licensed User using Microsoft Remote Assistance technology, NetMeeting conferencing software, or similar technologies may share remotely the desktop view of a Program session with another individual for assistive or demonstrative purposes only. The MathWorks, Inc. Software License Agreement - Academic Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The provisions of this Academic Installation and Use Addendum apply to each Program licensed under the Agreement at prices offered only to degree-granting educational institutions ("Academic prices") for Academic Internal Operations only, as defined below. Research and development divisions and centers of universities, U.S. government agencies and other not-for-profit organizations do not qualify for Academic prices. This Addendum imposes certain additional obligations and restrictions with respect to the Programs licensed at such Academic prices that are not contained in the Agreement. The applicable provisions are determined by the particular Academic License Option that Licensee acquires for each Program. In the event of a conflict between the provisions of this Addendum and the Agreement, these Addendum provisions shall apply. 2. DEFINITIONS. 2.1. Academic Internal Operations. The installation and use of the Programs by Licensed Users, in accordance with the Academic License Option acquired, for the purpose of (i) in the case of employees (faculty and academic staff), performing software administration, teaching, and noncommercial, academic research in their ordinary course as Licensee's employees; and (ii) in the case of enrolled students, meeting classroom requirements of courses and study offered by the Licensee. Any other use is expressly prohibited. 2.2. Licensed Users. All enrolled students and employees (faculty and academic staff) of the Licensee who are authorized by Licensee to use the Programs for Academic Internal Operations in accordance with the Agreement, as revised from time to time, and to the extent permitted by the Academic License Option acquired. As used herein, "employees" excludes subcontractors and consultants of the Licensee. Individuals under thirteen (13) years of age may be Licensed Users if their parent or guardian has previously consented to such individual's use of the Programs. Licensee agrees to collect such consent prior to providing any such individuals with access to the Products, and to store such consent in a retrievable way. 2.3. Academic License Option. The specific rights, restrictions, and obligations under which Licensee may install and use a Program pursuant to the Agreement. 2.4. Named User. Licensed User designated and identified by Licensee as the "Named User" for a License to a Program under the "Individual License Option". 3. INSTALLATION AND USE. Specific rights, obligations, and restrictions apply to each Academic License Option. Licensee's right to install and use the Programs is determined by the Academic License Option acquired. By accepting the terms and conditions of the Agreement, Licensee also accepts the Academic License Option acquired, and agrees to use the Programs only for Academic Internal Operations. 3.1. Academic License Options. 3.1.1. Individual. Program use is restricted to the single, designated Named User. Programs may be activated and used on one or more individual Computers, provided the Programs are only accessible to, and used by, the Named User for that License. The physical locations of the Computers used by the Named User to run the Programs are not limited; the Computers may be located at work, home, in a laboratory, or on a laptop. Licensee may only designate one Named User access to or use of the Programs under each Individual License. A Computer login of a Named User may not be shared with any other individual. Licensee may redesignate the Named User for a Program, whether temporarily or not, no more than four (4) times in any twelve (12) month period. A Named User may not use a Program on more than two (2) Computers simultaneously. 3.1.2. Designated Computer. The Programs may only be activated and used on a single, physical (not virtual) designated Computer, provided the Programs are only operated from that Computer's console by only one Licensed User at any given time. Licensee may redesignate the Computer for a Program to a different Computer, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 3.1.3. Concurrent. Programs must be activated on a single Computer. Licensee must run the License Manager and may have only as many Licensed Users simultaneously operating a Program at any given time as the number of Concurrent keys acquired for that Program. Subject to the foregoing, a Licensed User of the Concurrent License Option may utilize the Programs on any number of Computers served by a single License Manager provided that, before using a Program on any Computer, the Licensed User checks out a separate Concurrent key from the License Manager for that Computer. Programs may be installed in a central location, on institution-owned or Licensee's faculty, research and academic staff personally-owned computers to accelerate startup times, as long as the installations on the individual Computers are controlled by the License Manager. Licensee is prohibited from allowing installation of the Programs on students' own computers. Licensees of the Concurrent License Option are prohibited from providing Program access to users located outside a single country. 3.1.4. Classroom. Program use is restricted to students, instructors, and software administrators, in on-campus facilities that are used solely in support of classroom instruction of students at degree-granting institutions. Visiting course instructors and contractors may use a copy of the Programs solely for the purpose of classroom instruction or preparation for classroom instruction. Research use is not permitted. 3.1.5. Primary and Secondary Schools. Primary and secondary schools located at a single physical address may authorize their faculty, academic staff, and students to use the License on teachers' computers, school-owned computers or student-owned computers, for Academic Internal Operations only. Technical support is available for faculty and academic staff, but not for students. 3.1.6. Total Academic Headcount. Programs may be installed and used by Licensed Users both on institution-owned or leased Computers and on personally-owned or leased Computers. Technical support is available for faculty and academic staff, but not for students. 3.1.7. Total Student Headcount. Programs may be installed and used by Licensee's students only on their personally-owned or leased Computers. Student Licensed Users may not use a Program on more than two (2) Computers simultaneously. Programs licensed under the Total Student Headcount License Option may not be used by Licensee's faculty and academic staff. Technical support is not available. 3.2. MATLAB Distributed Computing Server. 3.2.1. Licensees of the MDCS are permitted to install and make available Programs, other than Programs that are technically limited or otherwise limited as set forth at mathworks.com/ineligible_programs, on one or more Computers ("Computer Cluster") solely for use through the MDCS, provided that (1) the Programs on the Computer Cluster are controlled by a single License Manager for each MDCS; (2) the number of simultaneous Program sessions does not exceed the number of MDCS workers acquired, except as set forth in Section 3.2.2 and 3.2.3; (3) access to any Program, whether in the MDCS or otherwise, remains limited to those persons who are Licensed Users of such Programs and the Parallel Computing Toolbox ("PCT"); (4) access to any worker must be enabled through a validly licensed use of the PCT; and (5) access to any Program, including the MDCS, is not made available (i) to any Third Party without the advance written consent of MathWorks, or (ii) to any user outside the country for which the MDCS is licensed. 3.2.2. Subject to all other restrictions in Section 3.2.1, Licensed Users of MDCS may also scale the number of MDCS workers on the following additional terms: (1) Licensee employs the MathWorks Hosted License Manager ("MHLM") for its license management; and (2) Licensee agrees, on behalf of its Licensed Users, to the terms of use at mathworks.com/cloudcenterandondemandtermsofuse, including the obligation to pay all MDCS on-demand fees incurred by its Licensed Users applicable to their on-demand use, if any, of MDCS workers. Any fees that may be due to any cloud providers for use of their platforms, products, or services are separate and are the responsibility of the Licensee. 3.2.3. Subject to the restrictions in Sections 3.2.1(3), 3.2.1(4), and 3.2.1(5), if MDCS is acquired by Licensee for the Total Academic Headcount License Option, the number of simultaneous worker sessions per Licensed User may not exceed the number of MDCS workers licensed. 3.3. MATLAB Production Server. Licensees of the MATLAB Production Server ("MPS") are permitted to install and use MPS for the sole purpose of scheduling and running Applications generated with Licensee's validly licensed MATLAB Compiler Program, provided that the number of workers running simultaneously on one or more computers does not exceed the number of MPS workers acquired. Licensee may make the Applications running on MPS accessible to end users globally, including Third Parties, via a web interface, or other interface provided by Licensee, subject to the restrictions of Section 5.2 of the Deployment Addendum. 4. REMOTE AND SHARED OPERATIONS Subject also to the foregoing: 4.1. Remote Desktop Access: Using the Microsoft Remote Desktop connection feature or similar technologies: 4.1.1. Named Users may remotely access Programs for which they are licensed. 4.1.2. Concurrent Licensed Users may remotely access Programs served by the License Manager for the License under which they are operating. 4.1.3. The Licensee of a Designated Computer License Option may designate one Licensed User to remotely access the Programs licensed on the Designated Computer for operation on that Designated Computer. Licensee may redesignate such Licensed User, whether temporarily or not, no more than four (4) times in any twelve (12) month period. 4.1.4. Licensed Users of the Total Academic Headcount License Option and Total Student Headcount License Option may remotely access Programs for which they are licensed. 4.2. Shared Access to the Desktop: 4.2.1. A Licensed User using Microsoft Remote Assistance technology, NetMeeting conferencing software, or similar technologies may share remotely the desktop view of a Program session with another individual for assistive or demonstrative purposes only. The MathWorks, Inc. Software License Agreement - Student License and Home License Installation and Use Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. SCOPE. The provisions of this Student License and Home License Installation and Use Addendum apply to the MATLAB and Simulink Programs and to any other Programs licensed under the Agreement at prices offered to students enrolled in degree-granting educational institutions ("Student Use prices") or to individuals for personal use ("Home Use Prices"). This Addendum imposes certain additional obligations and restrictions with respect to the Programs licensed at such Student Use and Home Use prices that are not contained in the Agreement. 2. In the event of a conflict between the provisions of this Addendum and the Agreement, these Addendum provisions shall apply. In this Addendum, the license provided to students is referred to as a "Student License", and the license provided to individuals for personal use is referred to as the "Home License". 3. RETURNS AND REFUNDS. Returns and refunds of Student License and Home License purchases are subject to the refund policies at the time and point of purchase. 4. REGISTRATION AND ACTIVATION. The Programs contain technology for the prevention of unlicensed or illegal use of the Programs. Licensee agrees to the use and application of such technology in the Programs (a) to limit the use of the Programs by Licensee to a finite number of Computers, and (b) to require Licensee's registration of the Student License and activation of the Programs in advance of the use of the Programs (other than for temporary use) as further described in this Addendum and in the Documentation for the Programs. 5. ELIGIBILITY, INSTALLATION, AND USE. Licensee agrees to the following eligibility and use restrictions of the Student License and the Home License: a Licensee of a Student License must be a student enrolled in a degree-granting educational institution or participating in a continuing education program at a degree-granting educational institution and may use the license only for student activities that are not commercial, for profit, professional, or revenue generating activities for the period of such student use; a Licensee of a Home License must be an individual and may use the license only for personal use and not for professional, academic, or commercial use, including for profit or revenue generating activities, and only for the period of such personal use. The Student License and Home License each permit the Licensee to use the Programs on one Computer that Licensee owns or leases provided (i) the Programs are only accessible to, and used by, Licensee, and (ii) Licensee has provided machine-specific identification for such Computer through the registration and activation process. 6. PARENTAL CONSENT. Individuals under thirteen (13) years of age may be Licensed Users if their parent or guardian has previously consented to such individual's use of the Programs. Licensee agrees to collect such consent prior to providing any such individuals with access to the Programs, and to store such consent in a retrievable way. 7. TECHNICAL SUPPORT. Technical support for Licensees of Student Licenses and Home Licenses is limited to installation and activation support. 8. ASSIGNMENT. Neither a Student License nor a Home License is transferable. 9. PRIMARY AND SECONDARY SCHOOL USE. Teachers and students at primary and secondary education schools may license the Student License. Teachers may also use the Student License on the teacher's computer or school-owned computers. The MathWorks, Inc. Software License Agreement - Deployment Addendum This is an Addendum to The MathWorks, Inc. Software License Agreement (the "Agreement"), and the terms and conditions of this Addendum are incorporated therein for use of the Programs. Each capitalized term used herein and not defined herein shall have the meaning ascribed to it in the Agreement. 1. PURPOSES. The Agreement contains restrictions prohibiting Licensee from modifying, distributing, or providing access to the Programs or any Program Components (as defined below), except as expressly provided in this Addendum. Because the Programs licensed by Licensee under the Agreement contain Source Code or Object Code Program Components, this Addendum sets forth the Licensee's rights with respect to creating software or applications using the Programs or any Program Component, as well as certain additional obligations related thereto. This Addendum also states restrictions and obligations with respect to the use of the Programs or any Program Component, which also may have a bearing on the creation or distribution of software or applications. MathWorks or its Licensors retain all right, title, and interest in its Programs, Program Components, and Derivative Forms of its Programs. 2. USER CREATED FILES. This Addendum does not apply to MATLAB code files, Simulink model files, MEX-files, MAT-files, VHDL-files, Verilog-files, FIG-files and P-files that are created by Licensee and that do not include any code obtained from MATLAB code files, Simulink model files, MAT-files, P-code, C/C++ files, VHDL-files, Verilog-files, TLC-files, or other Source Code files supplied with the Programs ("User Files"). Licensee may distribute or sublicense without restriction, User Files provided that a principal purpose of the distribution or sublicense is not to replace or replicate a Program or any part of a Program. 3. NONCOMPETITION. Notwithstanding anything else contained in this Agreement, Licensee agrees not to use, test, benchmark, reverse engineer or determine the expression or design of, the Programs, Derivative Forms, Generated Forms, or Program Components to make, or distribute its own or a Third Party's application or software, a principal purpose of which, as reasonably determined by MathWorks, is to perform the same or similar functions as Programs licensed by MathWorks or which replaces any component of the Programs. Licensee shall not otherwise use the Programs to compete with the products or businesses of MathWorks, including by distributing Libraries, or any form of an entire Program or a substantial portion of a Program. 4. DEFINITIONS. 4.1. Application. A software file that Licensee has created by either (a) using a MathWorks Program to compile or translate Licensee created Source Code or (b) incorporating or linking any part of any Source Code, library file, or other Program Component provided with the Program. An Application must contain original code developed by Licensee and must provide substantial functionality not contained in, or provided by, the Program Components that are incorporated into such Application. If a software file created by a Licensee incorporates Program Components, but does not meet the requirements of the previous sentence, then it is a Derivative Form (as defined below). An Application may contain Linked Object Code which, if such Object Code was not Linked to the Application and was a standalone file, would otherwise have been deemed a Derivative Form. 4.2. Application License. A license provided by Licensee to its end-users for the installation and use of Licensee's Application and any Third Party Software made available for use with the Application. 4.3. Generated Forms. The output of the MATLAB Compiler, the MathWorks Coder Programs, and other MathWorks' code generation Programs in the form of Source Code or Object Code, as well as such Source Code converted to Object Code or Linked forms. 4.4. Derivative Forms. A software file that Licensee has derived from one or more Program Components (including without limitation by incorporating, translating, or modifying, in whole or in part, any Program Component), and which, if modified or copied without MathWorks' authorization, would constitute a copyright infringement or breach of the Agreement. A software file created by Licensee which qualifies as an "Application" under the above definition shall not be deemed a Derivative Form. 4.5. Linked. An executable or loadable file created by a compiler or linker program combining Object Code module files. 4.6. MAT-file. The file format in which MATLAB stores data. 4.7. MATLAB Runtime. MATLAB Runtime support libraries and other files for deployment of Applications created with the MATLAB Compiler. 4.8. Object Code. The code created by a system compiler from source code; also called "machine-readable code". Object Code can be Linked with an appropriate linker to resolve address references and may be combined with other Object Code for targeted execution on a specific processor. Object Code includes "Object Code libraries" and "shared libraries," which are groupings of Object Code for specific purposes. 4.9. Program Component. Any portion of, or file provided with, a Program. 4.10. Source Code. Human-readable program code written in a higher-level language such as C, C++, Java, MATLAB, MDL, VHDL, Verilog, or Fortran, which must be translated or compiled into machine-readable language before it can be executed by a computer. Source Code also includes header files and other human-readable files necessary for a Program to be compiled in the higher-level language. 4.11. Standalone Application. An Application created using programming languages and tools other than the Programs, which executes outside of the Programs. 4.12. Deployment Program. The MATLAB Compiler, MATLAB Compiler SDK, and any of MathWorks Coder Programs as defined in Section 4.13 below. 4.13. MathWorks Coder Programs. MATLAB Coder, Filter Design HDL Coder, Simulink Coder, HDL Coder, Simulink PLC Coder, and Embedded Coder. 5. DEPLOYMENT PROGRAMS. Licensed Users of MathWorks' Deployment Programs may automatically generate code from MATLAB code files, Simulink/Stateflow diagrams, and other representations, into Generated Forms. Furthermore, Licensee may copy and deploy these Generated Forms for use outside of the Programs. 5.1. Deployment from MathWorks Coder Programs. MathWorks provides directories of C, C++, Assembly, linker command files, template makefiles, project files, and TLC source code files with Programs that implement the real-time framework. Such files made available in any of the MathWorks Coder Programs may only be modified and deployed in Source Code or Linked Object Code form for different development targets when used with such Programs or with code generated by such Programs as part of, and only as required by, a larger Standalone Application. MathWorks Coder Programs cannot be used to create an Application (a) providing capability similar to the capabilities of any of the Programs; (b) providing functionality or behavior similar to that of the MATLAB command line or scripting and programming capabilities; (c) allowing operation of the code generation capabilities of Programs; (d) providing access to an entire Program or a substantial portion of a Program; or (e) enabling evaluation of end-user code or expressions. 5.1.1. Licensee may copy and deploy these files outside of the Programs in Linked Object Code form or Source Code form, if only used in combination with code generated by those Programs as part of a larger standalone Application. 5.1.2. No further fees shall be due to MathWorks for such deployment within Licensee's Application, regardless of whether the Application is deployed solely for Licensee's Internal Operations or to Third Parties. 5.2. Deployment from MATLAB Compiler. Licensed Users may deploy copies of Applications generated by the MATLAB Compiler that incorporate compiled versions of MATLAB code files from licensed Programs required for such Applications. Licensee may also use and distribute the MATLAB Runtime together with such Applications for the sole purpose of running the Applications. Licensee is prohibited from making copies of the MATLAB Runtime accessible to any Third Party separate from or for use other than with a Licensed User's Application, or provide the MATLAB Runtime for service bureau or similar service use. Licensee agrees to employ the same security measures to protect the MATLAB Runtime as it uses to safeguard Licensee's own proprietary intellectual property, but in no event less than reasonable care. No additional license fees shall be due to MathWorks for the distribution of the required MATLAB code files incorporated in the generated Application, or for the distribution of the MATLAB Runtime when deployed together with such Applications, regardless of whether the Application and the MATLAB Runtime are distributed for the purposes of Licensee's Internal Operations or to Third Parties. 5.2.1. Licensed User may include, by compilation for deployment, only those select MATLAB code files from the licensed Programs required for the Application. 5.2.2. In no event shall Licensee distribute any library header files. 5.2.3. Licensee's Application may not provide capability similar to the capabilities of any of the Programs or provide functionality or behavior similar to that of the MATLAB command line or scripting and programming capabilities, nor may Licensee's Application enable evaluation of end-user code or expressions. 5.2.4. Licensee's Application may not allow operation of the code generation capabilities of Programs. 5.2.5. Licensee's Application may not provide access to an entire Program or a substantial portion of a Program. 5.2.6. Licensee's Application incorporating any functionality of the Parallel Computing Toolbox ("PCT") may enable the same or fewer number of local workers provided by the PCT used to build the Application, even if the Application's end user does not possess a license to the PCT. 5.2.7. Licensee shall include the notice "MATLAB(r). (c) 1984 - [INSERT YEAR MATLAB VERSION PUBLISHED] The MathWorks, Inc." in the deployed Application's About Box, or similar visible location, and in the applicable documentation distributed with each copy of the Application. 5.2.8. Licensee may not modify or remove any proprietary notice or license file that is included with the MATLAB Runtime. 5.3. Simulink Desktop Real-Time. Licensee may not incorporate Simulink Desktop Real-Time into an Application for deployment without contracting with MathWorks for an OEM or VAR agreement. 5.4. Simulink Real-Time. Licensee may develop Applications that incorporate Object Code derived from Program Components of Simulink Real-Time which are required for the Application and that have been compiled or otherwise obtained from Simulink Coder on a single development PC, download that Application to a target PC, and distribute that Application beyond the target PC. No further fees shall be due to MathWorks for such distribution of Licensee's Application, regardless of whether the Application is distributed solely for Licensee's Internal Operations or to Third Parties. Additionally, the Simulink Real-Time Program allows for the distribution beyond the development PC of API DLLs as part of the Application and other Applications exported from Simulink Real-Time Explorer. No further fees shall be due to MathWorks for such distribution, regardless of whether the API DLLs are distributed solely for Licensee's Internal Operations or to Third Parties. 6. OTHER SOURCE CODE AND SHARED OBJECT CODE LIBRARIES. 6.1. Programs may include selected Source Code and shared Object Code library files that implement various documented application programming interface capabilities of the Programs for which the Source Code or shared library file is part. 6.1.1. Licensed User may use and modify the selected Source Code files solely for creation of Licensee's own Applications. Licensee may copy and distribute Object Code compiled from this Source Code, but only as either standalone Object Code file (regardless whether a Derivative Form) or Object Code Linked to the Application, and only for use with and deployment of Licensee's own Application. 6.1.2. Licensee may use, copy and distribute shared Object Code library files (regardless whether a Derivative Form) for deployment of Licensee's own Application, but only if a header file exists in the Program for the shared library file. Licensee may not copy or distribute header files themselves. 6.1.3. Licensee may not transfer Source Code, development rights, or development capabilities for any Source Code or Object Code to any Third Party. 6.2. MAT-files. Licensed User may create and distribute Applications that read MAT-files using the MAT-file API, however, if such Applications are distributed to Third Parties, they must also implement MAT-file write capability. 7. DERIVATIVE FORMS. A Licensee shall only be permitted to distribute a Derivative Form to Third Parties (a) to the extent expressly permitted under Articles 5 or 6 of this Addendum, or (b) subject to the requirements of this Article 7. A Licensee may only distribute a Derivative Form to a Third Party under this Article 7 if such Third Party is bound by a Software License Agreement with MathWorks that requires such Third Party to treat such Derivative Forms received from Licensee as such Third Party's own Derivative Form thereunder. Licensee agrees that if such a Third Party provides Licensee with software that is a Derivative Form under the terms of such Third Party's Software License Agreement with MathWorks (or would otherwise be a Derivative Form under the terms of this Agreement), then Licensee shall treat such software as a Derivative Form hereunder as if Licensee has modified or generated the software itself. 8. WEB APPLICATIONS. Programs licensed under the Concurrent, the Network Named User, the Individual, and the Total Academic Headcount License Options may be called by means of a web interface in accordance with the following conditions. Programs licensed under any other License Option may not be called via a web interface. For the Concurrent License Option. Programs licensed under the Concurrent License Option may be called via a web application, provided the web application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program, nor may such application enable evaluation of end-user code or expressions. Such operation of an application via a web interface or web server may be provided to an unlimited number of web clients, at no additional cost, for Licensee's own use for its Internal Operations, and for use by Third Parties. For the Network Named User and Individual License Options. Programs licensed under the Network Named User and Individual License Options may be called via a web application, provided the web application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities, and such application is only accessed by designated Network Named User or Individual licensees of such Programs. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program, nor may such application enable evaluation of end-user code or expression. For the Total Academic Headcount License Option. Programs licensed under the Total Academic Headcount License Option may be called via a web application, provided the web application does not provide access to the MATLAB command line, or any of the licensed Programs with code generation capabilities. In addition, Licensed Users may not provide access to an entire Program or a substantial portion of a Program, nor may such application enable evaluation of end-user code or expressions. Such operation of an application via a web interface may be provided to an unlimited number of web browser clients, at no additional cost, for Licensee's own use for its Academic Internal Operations, and for use by Third Parties. 9. APPLICATION LICENSING. For any distribution of Applications containing Object Code or Generated Forms to: 9.1. Licensee's internal organization: Licensee shall take appropriate action by instruction, agreement, or otherwise with any recipients of the Application, so as to enable Licensee to satisfy its obligations under the terms of this Addendum and the Agreement. 9.2. Third Parties: Your Application shall require acceptance of an Application License whose terms and conditions are at least as restrictive as the Agreement, unless the Application is part of an embedded system that has no provision for licensing to its end users. 9.2.1. The Application license for Third Parties must explicitly exclude MathWorks and its Licensors from all liability for damages or any obligation to provide remedial actions. In no circumstance shall Licensee include a warranty for any form of a Program that is inconsistent with or additional to the warranty contained in the Agreement. 9.2.2. The additional translation, use, and deployment rights granted in this Addendum are nontransferable without MathWorks' consent and shall not be conveyed in Licensee's Application license. 9.2.3. All copyright and proprietary notices for the Programs that appear in the original form delivered to Licensee shall be duplicated and included with Licensee's own copyright notices for the Application, wherever they appear. 9.2.4. Licensee may not remove any copyright, trademark, logo, proprietary rights, disclaimer or warning notice included on or embedded in any part of the deployed Application. 9.2.5. If Licensee's Application is generated with the MATLAB Compiler, then Licensee's Application License shall include or incorporate by reference the terms of the MATLAB Runtime License included in a text file at [MCR Install Directory]\[version_number]\MCR_license.txt located within the installation for the MATLAB Runtime. 9.3. Notwithstanding the termination of the Agreement, all valid Application licenses shall remain and continue in full force and effect, and, if the Agreement was not terminated due to: (a) Licensee's failure to pay the applicable fees to MathWorks, (b) Licensee's violation of the License restrictions, or (c) violation of MathWorks' proprietary rights in the Programs; then Licensee may continue to use the Programs to support Applications that have been placed in use pursuant to an Application License prior to the effective date of termination. 10. DISCLAIMER OF OBLIGATIONS AND LIABILITY. 10.1. MathWorks shall have no support or warranty obligations, and disclaims all liability, for Applications developed or distributed by Licensee. 10.2. Licensee agrees that prior to using, incorporating, or distributing the Programs in any Application, it will thoroughly test and validate the Application and the functionality of the Programs in that Application and be solely responsible for any problems or failures. 10.3. Licensee will defend, indemnify, and hold harmless MathWorks and its Licensors, officers, directors, employees, agents and resellers from and against any damages, liabilities, costs and expenses (including reasonable fees of MathWorks' attorneys) arising out of any Third Party claim or demand based on or arising from, out of or in connection with (i) the creation, use, or distribution of any Applications by Licensee or any of its Affiliates or (ii) the use of the Programs by Licensee or any of its Affiliates. 11. GENERAL. Licensee acknowledges and agrees that a breach of the obligations set forth in this Addendum shall be a material breach of the Agreement. 09/2016 PN 20364 ACMI Public WIFI Free wireless access is available to visitors within most of the public spaces at ACMI, including the cinemas and galleries. We provide basic internet access from your personal computer, mobile phone or similar device with just a few restrictions to ensure everyone has an enjoyable experience during their visit. Please note that wireless access can be affected by numerous factors, including file-sharing and other software or the security settings on your device. Speed will depend on the capabilities of your device, its location, interference from other wireless signals in the area, other activity on our network and of course general internet congestion. We strongly encourage you to ensure your device has a firewall, anti-virus and any other appropriate software to keep it and your data as secure as possible. Like all public networks it may be possible for others to view or manipulate the data you exchange using this network, so please exercise caution. Before proceeding we need you to accept the following Terms & Conditions by clicking on the ACCEPT button at the bottom of this page. Terms and Conditions of Use ACMI Free WiFi only provides for web browsing, not unlimited internet access. ACMI reserves the right to place restrictions on certain types of traffic, files, sizes or connection times as required to ensure proper and equitable management of the network. ACMI is not able to provide technical assistance to configure your equipment for wireless access. The network is similar to those provided in coffee shops and other public places, so for further advice consult your user's manual or contact your equipment or software provider. ACMI cannot be responsible for any changes you make to your computer’s settings and recommends you make a note of any settings before you change them. Under no circumstances shall ACMI nor individual staff members be liable for any direct, indirect, incidental, exemplary or consequential damages arising in any way out of the use of ACMI Free WiFi, even if advised of the possibility of such damage. You assume all associated risks and agree to hold harmless ACMI and its employees for any information (eg credit card data or passwords) that is compromised, or for any damage or other consequences to your hardware or software caused by security issues, viruses or hacking. In using ACMI Free WiFi you agree not do anything which is contrary to any law – for example fraudulent activity or copyright infringement. The network may be unavailable at certain times or locations or may perform slower than expected due to many factors including congestion or faults. ACMI does not guarantee that access to ACMI Free WiFi will be continuous, fault-free or secure. ACMI reserves the right to monitor traffic on the ACMI Free WiFi network to ensure it complies with these Terms & Conditions or for normal operational purposes. You may only access ACMI Free WiFi within the confines of the ACMI venues. If you agree to these Terms & Conditions please click Accept Twitch Terms of Service Last modified on 12/15/16 Introduction; Your Agreement to these Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH (IF YOU ARE RESIDENT IN THE USA OR ELSEWHERE IN THE WORLD, BUT NOT IF YOU ARE A CONSUMER IN THE EUROPEAN UNION) REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. Welcome to the game video management and streaming platform operated by Twitch Interactive, Inc. (" Twitch ") consisting of the web site available at the URL http://www.twitch.tv and all related services, software applications and networks that allow for the authorized streaming and distribution of game video content over the internet (the " Twitch Service "). The Twitch Service also includes any other sites or services that link to these terms of service (the " Terms of Service "). Other services offered by Twitch may be subject to separate terms (in which case we will let you know what terms will apply to those services). The following Terms of Service for the Twitch Service is a legal contract between you, an individual user of at least 13 years of age (see section 2 below about minors using Twitch) or a single entity ("you"), and Twitch regarding your use of the Twitch Service. Twitch may offer certain additional services for which you can agree to pay fees to Twitch. The applicable terms will be made available on the applicable Twitch web page and will supplement these Terms of Service. If you register and/or use any such paid fee services, you will be asked to agree to and comply with the Twitch Terms of Sale. The Twitch Terms of Sale is hereby incorporated by reference (this means legally that they form a part of these Terms of Service). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE TWITCH SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE TWITCH SERVICE OR, IF YOU ARE A CONSUMER RESIDENT IN THE EUROPEAN UNION, CONTACT US AT LEGAL@TWITCH.TV TO DISCUSS ANY CONCERNS YOU MAY HAVE REGARDING THESE TERMS OF SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH TWITCH ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A " SUBSCRIBING ORGANIZATION ") THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF SERVICE; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE TERMS OF SERVICE, AND (IV) AGREE TO THESE TERMS OF SERVICE ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION. Use of Twitch by Minors and Blocked Persons. The Twitch Service is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Twitch Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE TWITCH SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE TWITCH SERVICE. The Twitch Service is also not available to any users previously suspended or removed from the Twitch Service by Twitch (see section 16 below for more about suspension or removal). Privacy Policy. Your privacy is important to Twitch. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information. License The Twitch Service is owned and operated by Twitch. Unless otherwise indicated, all Content and other materials on the Twitch Services, including, without limitation, Twitch's logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the " Materials ") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence). All Materials contained on the Twitch Service are the proprietary property of Twitch or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Twitch or its affiliates and/or third-party licensors. Twitch reserves all rights not expressly granted in these Terms of Service. Unless otherwise expressly stated in writing by Twitch, you are granted a limited, non-sublicensable license (i.e. a personal and limited right) to access and use the Twitch Service for your personal or internal business use only. This license is subject to these Terms of Service and does not include any of the following: (a) any resale or commercial use of the Twitch Service or the Materials; (b) the distribution, public performance or public display of any Materials (except for Broadcaster Content by the Broadcaster posting the Broadcaster Content – this is all explained further below); (c) modifying or otherwise making any derivative uses of the Twitch Service or the Materials, or any portion of them; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Twitch Service, the Materials or any information contained in them, except as expressly permitted on the Twitch Service; or (f) any use of the Twitch Service or the Materials except for their intended purposes. Any use of the Twitch Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Twitch, is strictly prohibited and your failure to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. This license can be terminated (see further section 16). Individual Features and Services. When using the Twitch Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted online and notified to you from time to time (the " Guidelines "). All these Guidelines are hereby incorporated by reference into these Terms of Service (i.e. they are made part of these Terms of Service). Modification of these Terms of Service. Twitch reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time (for example to reflect updates to the Twitch Service or to reflect changes in the law). If Twitch changes these Terms of Service, we will provide you notice of these changes, such as by sending an email, posting a notice on the Twitch Service or updating the "Last Updated" date above. Please check these Terms of Service and any Guidelines periodically for those changes. Your continued use of the Twitch Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Service, the amended terms will automatically be effective thirty days after they are initially posted on the Twitch Service unless you contact us to discuss any questions or comments during that time period. We will always make a reasonable effort to notify you if we do change these Terms of Service. Digital Millennium Copyright Act. Please note that since we respect game designer, game publisher, music, and other Content (as defined below) owner rights, it is Twitch's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the " DMCA "). If you believe that anything in the Twitch Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Name of Designated Agent: Elizabeth Baker - General Counsel
 Address of Designated Agent: 225 Bush Street, 9th Floor, San Francisco, CA 94104 E-mail Address of Designated Agent: dmca@twitch.tv Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. Other Intellectual Property Rights Infringement Systems in the EU and Rest of the World. If you believe that your copyright or other intellectual property rights have been infringed and they are not subject to US law and jurisdiction (for example, if you consider the infringement is subject to the E-Commerce Directive of the European Union), then we invite you to contact us using the procedure set out at section 7) for the US Digital Millennium Copyright Act to the extent relevant. You can contact dmca@twitch.tv if you wish to discuss this further with us. Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Twitch has adopted a policy that it will promptly terminate without notice any user's access to the Twitch Service if that user is determined by Twitch to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Twitch of infringing activity violations more than twice and/or who has had their Broadcaster Content or any other user-submitted content removed from the Twitch Service more than twice. Twitch may also at our sole discretion limit access to the Twitch Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. In addition, Twitch accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials. Trademarks. TWITCH, TwitchTV, the Twitch logos and any other product or service name or slogan contained in the Twitch Service are trademarks of Twitch or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Twitch or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Twitch may provide you from time to time. You may not use any metatags or any other hidden text utilizing "Twitch" or any other name, trademark or product or service name of Twitch without our prior written permission. In addition, the look and feel of the Twitch Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Twitch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Twitch Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation. Broadcasters. Twitch allows certain users (" Broadcaster ") to distribute streaming live and pre-recorded videos of video game related activities. License from Twitch. If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Service, Twitch hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Twitch Service for the uploading and distributing of authorized digital content, including videos (" Broadcaster Content "). License to Twitch Unless otherwise agreed to in a written agreement between you and Twitch that was signed by an authorized representative of Twitch: By distributing or disseminating Broadcaster Content through the Twitch Service, you hereby grant to Twitch a worldwide, nonexclusive, royalty-free, perpetual, transferable and fully sublicensable right to use, host, convert for streaming, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit your Broadcaster Content, in any form, format, media or media channels now known or later developed or discovered. You grant Twitch and our sublicensees the right to use the name that you submit in connection with that content, if we or they choose. Except for Broadcaster Content already downloaded by users, the foregoing license granted by you terminates regarding a specific piece of Broadcaster Content once you remove or delete that Broadcaster Content from the Twitch Service. Broadcaster Content Representations and Warranties. You are solely responsible for your Broadcaster Content and the consequences of posting or publishing it. By uploading and publishing your Broadcaster Content, you represent, and warrant that: (1) you are the creator and owner of the Broadcaster Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Broadcaster Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (4) unless you have received prior written authorization, your Broadcaster Content specifically does not contain any prerelease or non-public beta software or game content or any confidential information of Twitch or third parties. Twitch reserves all rights and remedies against any Broadcasters who breach these representations and warranties. Content is Uploaded at Your Own Risk. Twitch uses reasonable security measures in order to attempt to protect Broadcaster Content. However, Twitch cannot guarantee that there will be no unauthorized copying or distribution of Broadcaster Content nor will Twitch be liable for any copying or usage of the Broadcaster Content not authorized by Twitch. You hereby release and forever waive any claims you may have against Twitch for any such unauthorized copying or usage of the Broadcaster Content, under any theory. THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY TWITCH HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. Prevention of Unauthorized Use of Broadcaster account. Unless expressly permitted in writing by Twitch, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third party, including without limitation charging any remuneration (e.g. money) to any third party for access to administrative rights on your Broadcaster account. Twitch reserves all available legal rights and remedies to prevent unauthorized use of the Twitch Service, including, but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Promotions Broadcasters may promote, administer or conduct a promotion on, through or utilizing Twitch (a "Promotion"). If you are a Broadcaster and you choose to promote, administer or conduct a Promotion, you must follow the following rules: You may carry out Promotions to the extent permitted by applicable local law and you are solely responsible for ensuring that you and any Promotions comply with any and all applicable local law obligations and restrictions. You, at your expense, will be solely responsible for all aspects of your Promotion, including, without limitation, the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes; and obtaining all necessary third-party permissions and approvals, including, without limitation, filing any and all necessary registrations and bonds. Twitch has the right to remove your Promotion from the Twitch Service for any reason. Twitch is not responsible for and does not endorse or support any such Promotions. You may not indicate that Twitch is a sponsor or co-sponsor of the Promotion. ALL Broadcasters should display or read out the following when a Promotion is on their channel: "This is a promotion from [channel name] . Twitch does not sponsor or endorse broadcaster promotions and is not responsible for them". Endorsements/Testimonials You agree that your Broadcaster Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) ("Guidelines"). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Twitch Service, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Twitch Service, you agree to comply with the Guidelines' requirements for disclosing such relationships. You, and not Twitch, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Twitch Service. Third Party Content. In addition to the Broadcaster Content, Twitch may provide other third party content on the Twitch Services and may provide links to Web pages and content of third parties (collectively the " Third-Party Content ") as a service to those interested in this information. Twitch does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, nor we do not update or monitor it, therefore we are not responsible for any Third Party Content on the Twitch Service. Users use such Third-Party Content at their own risk. The Twitch Service may include links or references to other web sites or services solely as a convenience to Users (" Reference Sites "). Twitch does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Twitch Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. Prohibited Conduct. The Twitch Services may include interactive areas or services (" Interactive Areas "), such as chat boxes or web forums, in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Twitch Services (" User Content " and collectively with Broadcaster Content, " Content "). You are solely responsible for your use of such Interactive Areas and use them at your own risk. BY USING THE TWITCH SERVICE, INCLUDING THE INTERACTIVE AREAS, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Twitch Service. I. You agree that you will comply with these Terms of Service and Community Guidelines and will not: use the Twitch Service for any purposes except to disseminate or receive original or appropriately licensed content and/or to access the Twitch Service; rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms of Service or any Materials (as defined in section 4); post, upload, or distribute any defamatory, libellous, or inaccurate Content; impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Twitch Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Twitch Service, or perform any other similar fraudulent activity; delete the copyright or other proprietary rights notices on the Twitch Service or Content; make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Twitch Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities; harvest or collect the email addresses or other contact information of other users from the Twitch Service for the purpose of sending spam or other commercial messages; use the Twitch Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; defame, harass, abuse, threaten or defraud Users of the Twitch Service, or collect, or attempt to collect, personal information about Users or third parties without their consent; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Twitch Service or Content, features that prevent or restrict use or copying of any content accessible through the Twitch Service, or features that enforce limitations on the use of the Twitch Service or Content; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Twitch Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence; modify, adapt, translate or create derivative works based upon the Twitch Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; intentionally interfere with or damage operation of the Twitch Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; relay email from a third party's mail servers without the permission of that third party; use any robot, spider, scraper, crawler or other automated means to access the Twitch Service for any purpose or bypass any measures Twitch may use to prevent or restrict access to the Twitch Service; manipulate identifiers in order to disguise the origin of any Content transmitted through the Twitch Service; interfere with or disrupt the Twitch Service or servers or networks connected to the Twitch Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Twitch Service; use the Twitch Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Twitch Service, or that could damage, disable, overburden or impair the functioning of the Twitch Service in any manner; use or attempt to use another user's account without authorization from that user and Twitch; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Twitch Service that you are not authorized to access; or attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose. II. Further, BY USING THE TWITCH SERVICE, INCLUDING THE INTERACTIVE AREAS YOU AGREE NOT TO post, upload to, transmit, distribute, store, create or otherwise publish through the Twitch Service any of the following: Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; viruses, corrupted data or other harmful, disruptive or destructive files; and Content that, in the judgment of Twitch, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Twitch Service, or which may expose Twitch or our users to any harm or liability. Twitch takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Twitch liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Twitch Service is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Twitch's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Twitch Service will not contain any content that is prohibited by such rules. As a provider of interactive services, Twitch is not liable for any statements, representations or Content provided by our users in any public forum, personal home page or other Interactive Area. Twitch does not endorse any Content or any opinion, recommendation or advice expressed therein, and Twitch expressly disclaims any and all liability in connection with Content. Although Twitch has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Twitch reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Twitch Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Twitch Service at your sole cost and expense. Any use of the Interactive Areas or other portions of the Twitch Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Twitch Service. Rights in User Content. If you submit or post User Content to the Twitch Service you grant Twitch a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any form, format, media or media channels now known or hereafter developed or discovered. You grant Twitch and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose. By submitting or posting User Content to the Twitch Service, you agree that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Twitch Service; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting of that User Content in connection with the Twitch Service, does not and will not violate these Terms of Service or any applicable law, rule or regulation in your country or elsewhere. Account Account and Password. You may wish to open a Twitch account with us for a number of reasons, including a more personalized Twitch experience or to upload and/or download or purchase content or any products, services, or information from Twitch. In order to open an account, you will asked to provide us with certain information like an account name and password (all of which will be protected by our Privacy Policy). Once you have a Twitch account you can purchase products and services (including subscriptions) via Twitch. The Twitch Terms of Sale explain how this works – please read carefully this important document, which is incorporated by reference into these Terms of Service (this means they legally form part of this document). While Twitch uses reasonable security precautions, you are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer and for all activities that occur under your account or password. Please make sure you provide to Twitch on registration and at all other times information which will be true, accurate, current, complete and kept up to date to the best of your ability. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify Twitch at legal@twitch.tv. Third Party Accounts. Twitch may permit you to register for and log onto the Twitch Service via certain third party social networks, such as by using Facebook Connect. If you log in via such social networks, the profile information connected to the account you use to log into the Twitch Service, including your name, may be used by Twitch in order to provide and support your account. You also acknowledge and agree that Twitch may publish information regarding your use of the Twitch Service to and in connection with any such third party social network with which you use the Twitch Service (unless you tell us otherwise). Termination. Twitch reserves the right, without notice and in our sole discretion, to terminate your license to use the Twitch Service (including to post Broadcaster Content), and to block or prevent your future access to and use of the Twitch Service. This includes Twitch having the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions or Turbo accounts. Your only remedy with respect to any dissatisfaction with (i) the Twitch Service, (ii) any term of these Terms of Service, (iii) any policy or practice of Twitch in operating the Twitch Service, or (iv) any content or information transmitted through the Twitch Service, is to terminate your account and discontinuing use of any and all parts of the Twitch Service. In serious cases of breach of these Terms of Service (for example, infringement of Twitch's intellectual property rights or actions causing it financial loss), Twitch may consider it appropriate to take legal action against you (though we will try to resolve matters amicably with you if possible). Indemnification. The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): You agree to indemnify, defend, and hold harmless Twitch, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Twitch Service, any Content you post, store or otherwise transmit in or through the Twitch Service, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Twitch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Twitch, and you agree to cooperate with Twitch's defense of these claims. Twitch will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a Broadcaster, the forgoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or Broadcaster Content. Disclaimers; No Warranties. The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE TWITCH SERVICE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TWITCH; (B) TWITCH, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS (" TWITCH PARTIES ") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE TWITCH SERVICE, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) TWITCH DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE TWITCH SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) TWITCH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE TWITCH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE TWITCH SERVICE SAFE, TWITCH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TWITCH SERVICE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWITCH OR THROUGH THE TWITCH SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 18, THE TERM "TWITCH" INCLUDES TWITCH'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. Limitation of Liability and Damages. Users in the USA and rest of the world (non-EU): The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL TWITCH OR THE TWITCH PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE TWITCH SERVICE, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TWITCH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TWITCH'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWITCH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE TWITCH SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWITCH SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TWITCH AND RECEIVED THROUGH OR ADVERTISED ON THE TWITCH SERVICE OR RECEIVED THROUGH ANY REFERENCE SITES. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT TWITCH HAS OFFERED THE TWITCH SERVICES, BROADCASTER CONTENT, MATERIALS AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TWITCH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TWITCH. TWITCH WOULD NOT BE ABLE TO PROVIDE THE TWITCH SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Users in the European Union. The following section only applies to you if you are a consumer resident in the European Union: Neither Twitch and its affiliates and partners in all cases, nor you (if you are an individual customer), will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when the Terms of Service were agreed or updated as applicable. If you are a Subscribing Organization (as defined in section 1 of these Terms of Service) then you are not granted any rights under this section. Applicable Law and Venue PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH TWITCH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TWITCH. You and Twitch agree to arbitrate any dispute arising from these Terms of Service or your use of the Twitch Service, except that you and Twitch are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Twitch agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Twitch shall be sent to Justin.tv, Inc. dba Twitch, Attn: Legal, 225 Bush Street, 9th Floor, San Francisco, CA 94104. You and Twitch further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Santa Clara County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Twitch will not commence against the other a class action, class arbitration or other representative action or proceeding. Miscellaneous. Notice. Twitch may provide you with notices, including those regarding changes to Twitch's terms and conditions, by email, regular mail or postings on the Twitch Service. Notice will be deemed given twenty-four hours after email is sent, unless Twitch is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Twitch Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Twitch Service is deemed given 30 days following the initial posting. Waiver. The failure of either you or us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party. Severability. If any provision of these Terms of Service or any guidelines is held to be unlawful, void, or for any reason unenforceable, then for both you and us that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. Assignment. These Terms of Service and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Twitch without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Survival. Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11(b)(ii), 11(c), 11(d), 12, 15-20. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and will not be deemed to limit or affect any of the provisions of it. Entire Agreement. The Terms of Service, together with the Terms of Sale, the Privacy Policy and the Guidance, is the entire agreement between you and Twitch relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Twitch as set forth in Section 6 above. Claims. If you are a consumer resident in the European Union and you disagree with the above, we encourage you contact us as soon as possible after you start using the Twitch Service at legal@twitch.tv since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances). The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union): YOU AND TWITCH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWITCH SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Disclosures. The Twitch Service is offered by Twitch Interactive, Inc., located at: 225 Bush Street, 9th Floor, San Francisco, CA 94104 and email: help@twitch.tv. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Requests for User Information All requests for information or documents must be made using the appropriate level of legal process, and must be properly served on Twitch via the Corporation Service Company (CSC), Twitch's national registered agent. Please find below the California address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website): Twitch Interactive, Inc. c/o Corporation Service Company 2710 Gateway Oaks Drive, Suite 150N Sacramento CA 95833 Please note that Twitch does not accept requests for information or documents, or service of process, via e-mail or fax and will not respond to such requests. All requests must include the information you may have that will help us identify the relevant records (e.g. the Twitch username: http://www.twitch.tv/username), the specific information requested, and its relationship to your investigation. Please also note that limiting your request to the relevant records (e.g. a limited time period) will facilitate efficient processing of your request. Twitch Privacy Policy Last modified on 10/04/2016 Welcome to the web site www.twitch.tv , and any other web sites, applications, or services provided, owned, or operated by Twitch Interactive, Inc. “("Twitch") that link to this Privacy Policy (collectively, the "Twitch Service"). Twitch values the privacy of users, subscribers, publishers, members, and others who visit and use the Twitch Service (collectively or individually, "you" or "users") and wants you to be familiar with how we collect, use, and disclose information from and about you. There are many different ways you can use the Twitch Service (e.g., to view live broadcasts, upload content, communicate with others). Once you publish information publicly on the Twitch Service - such as when you broadcast content, participate in a chat room, post profile information, follow a channel, or subscribe to a broadcast channel – that information may be collected and used by others, so only share what you would want to be public. There are also ways in which you directly share information with Twitch; one example is by creating an account. By agreeing to this Privacy Policy in your Twitch account setup, or by using the Twitch Service, you expressly consent to the information handling practices described in this Policy. Table of Contents Information Twitch Collects How Twitch Uses Information When Twitch Discloses Information Your Choices Account Closure and Deletion Advertisers and Analytics Providers Do Not Track Data Security Children's Privacy Merger or Sale Changes and Updates to this Privacy Policy Twitch Contact Information California Privacy Rights Information Twitch Collects User-provided Information : You may provide a variety of information about yourself to us, such as your name, email address, postal mailing address, telephone number, credit card number, and billing information when you register for a Twitch Service; upload, purchase, view, or download certain content or products from the Twitch Service, enter contests or sweepstakes; or otherwise use the features and functionality of the Twitch Service. Automatically Collected Information : When you access the Twitch Service or open one of our emails, we may automatically record and store certain information about your system by using cookies and other types of technologies. Cookies are small text files containing a string of alphanumeric characters that are sent to your browser. For information about what cookies are, how they work, how Twitch uses them, and how to remove them, please see our cookie policy at http://www.twitch.tv/p/cookie-policy. Information we automatically collect may include Internet Protocol address (" IP Address "), a unique user ID, device type, device identifiers, browser types and language, referring and exit page addresses, platform type, version of software installed, system type, the content and pages that you access on the Twitch Service, the number of clicks made, the amount of time spent on pages, the dates and times that you visit the Twitch Service, and other similar information. Examples of how Twitch uses automatically collected information include to: (a) automatically update the Twitch application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Twitch Service; (c) provide customized advertisements, content, and information; (d) monitor the effectiveness of marketing campaigns; (e) monitor and store aggregate site usage metrics such as total number of visitors and pages accessed; and (f) track your entries, submissions, and status in any promotions or other activities. Information from Other Sources : We may obtain information about you from third parties and sources other than the Twitch Service, such as advertisers or social media networks for which you have approved our access to information (e.g., information from your Facebook account provided by the Facebook APIs). When you access the Twitch Service through social media networks or when you connect a Twitch Service to social media networks, you are authorizing Twitch to collect, store, and use such information and content in accordance with this Privacy Policy. We may also obtain information from third party services regarding your use of such services, including about your use of the content you choose to broadcast through the Twitch Service. If we combine or associate information from other sources with information that we collect through the Twitch Service, we will treat the combined information in accordance with this Privacy Policy. Back to top How Twitch Uses Information Twitch uses the information that you provide or that we collect from or about you to: operate, maintain, enhance, provide, create, and develop all of the features, functionality, and services (new or existing) found on the Twitch Service; improve your experience with the Twitch Service by delivering content that we hope you will find relevant and interesting, including advertising and marketing messages; allow you to comment on content, and participate in online games, contests, or rewards programs; and understand the usage trends of our users. We use your email address for administrative communications such as notifying you of major Twitch Service updates, for customer service purposes, or contacting you regarding any content that you have posted to or downloaded from the Twitch Service. Twitch may periodically send promotional materials or notifications to you related to the Twitch Service. If you want to stop receiving promotional materials, you can go to http://www.twitch.tv/settings once you have logged in to the Twitch Service or (for email) follow the unsubscribe instructions at the bottom of each email. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app. Back to top When Twitch Discloses Information Twitch does not share information that can identify you personally with third parties for their own marketing or promotional uses without your consent. We may share such information for the following purposes: We may disclose such information to service providers working on our behalf, such as, to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; or assist Twitch in improving the Twitch Service and creating new services and features. We require that these parties process such information in compliance with this Privacy Policy, we authorize them to use the information only for the purposes for which it is provided to them, and we require these parties to use reasonable confidentiality measures. If you connect to a third party service (such as Facebook, Twitter, or another third-party application) through an icon or link on the Twitch Service or otherwise link your Twitch account with a third party service, we may share information (such as your user name, the fact that your connection originated from the Twitch Service, and other relevant usage and diagnostic information) with such third party. With your consent, we may also send information about the content you watch or your activities on the Twitch Service to such third parties. The third party’s use of your information will be subject to that service's privacy policy and this Privacy Policy will not apply. Twitch may make information available to our affiliates (meaning entities controlled by, controlling, or under common control with Twitch). Affiliates include Amazon.com, Inc. and its subsidiaries. Twitch may disclose user information if we believe in good faith that such disclosure is necessary to comply with U.S. state and federal laws or other applicable laws around the world (for example, in the country of your residence); or respond to a court order, judicial or other government subpoena, or warrant in the manner legally required. Twitch also reserves the right to disclose information that we believe, in good faith, is appropriate or necessary to: take precautions against liability to Twitch; protect Twitch from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third party claims, or allegations to protect the security or integrity of the Twitch Service; or protect the rights, property, or safety of Twitch, our users, or others. Back to top Your Choices You may decline to share certain information with Twitch, in which case Twitch may not be able to provide to you some of the features and functionality found on the Twitch Service. To update, correct, or delete certain information and establish preferences regarding your profile on Twitch, visit the Settings Page, or contact privacy@twitch.tv. It is also possible to disable your account from the Settings Page. To access, review, correct, update, suppress, or otherwise limit Twitch’s use of information you have previously provided directly to Twitch, you may contact us (see Twitch Contact Information below). In your request, please include your email address, name, address, and telephone number and specify clearly what information is relevant to your request. We will try to comply with your request as soon as reasonably practicable. To protect your privacy and security, we may take steps to verify your identity before granting you access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times. Back to top Account Closure & Deletion If you would like to close your account and delete your profile information on Twitch go to http://www.twitch.tv/user/delete_account. Back to top Advertisers and Analytics Providers We may use third-party Web analytics services on our site, such as those of Google Analytics and Mixpanel; These service providers use a variety of tracking technologies such as cookies to analyze how users use the Twitch Service; The information collected will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Twitch Service; To learn about opting out of Google Analytics, please; click here. To opt out of Mixpanel, please click here. Because these opt outs are cookie-based, please note that if you get a new computer or device, install or start using a new browser, or erase or alter your browser's cookie file, you may need to opt out again. Twitch may allow advertisers, third-party advertising networks and third-party advertising serving companies to serve advertisements directly to you within the Twitch Service and other Twitch sites, services and software. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons and other tracking technologies to measure the effectiveness of their advertisements, and to collect and track information such as demographic information, inferred interests, aggregated information, and activity to assist them in personalizing the advertising content delivered to you. Twitch does not provide information that personally identifies you to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Twitch to show an advertisement to a certain audience (for example, males age 15 to 18) or audience segment (for example, males age 15 to 18 who have participated in certain promotions) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach. This Privacy Policy does not apply to, and we cannot control the tracking technologies and activities of, those other advertisers, third-party advertising networks, or third-party advertising servers. You should consult the respective privacy policies of these advertisers, third-party advertising networks, or third-party advertising servers. For more information about third-party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers , and to opt-out of such ad networks' and services' advertising practices, go to the; Network Advertising Initiative opt-out page, the Digital Advertising Alliance opt-out page, or the Your Online Choices page. Twitch does not control which companies participate in these opt-out programs or how these companies honor their opt-out choices. Back to top Do Not Track Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the Network Advertising Initiative and the Digital Advertising Alliance opt-out links above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. Back to top Data Security Twitch uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to Twitch, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Back to top Children's Privacy IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TWITCH SERVICE AT ANY TIME OR IN ANY MANNER. Protecting the privacy of young children is especially important. For that reason, Twitch does not knowingly collect or maintain personal information from persons under 13 years-of-age. If Twitch learns that personal information of persons under 13-years-of-age has been collected on or through the Twitch Service, Twitch will take the appropriate steps to delete this information. If you are the parent or legal guardian of a child under 13 who has become a Twitch Service member, then please contact Twitch at privacy@twitch.tv to have that child's account terminated and personal information deleted. Back to top Merger or Sale In the event that Twitch, or some or all assets related to the Twitch Service are acquired by or merged with a third-party entity or in connection with a contemplated change of ownership transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users as part of that merger, acquisition, sale, or other change of control event. Back to top Changes and Updates to this Privacy Policy Twitch reserves the right to change, modify, add, or remove portions of this Privacy Policy at any time (for example to reflect updates to the Twitch Service or to reflect changes in the law). If Twitch changes this Privacy Policy, we will provide you notice of these changes, such as by sending an email, posting a notice on the Twitch Service, or updating the "Last Updated" date above. Please check this Privacy Policy periodically for those changes. Your continued use of the Twitch Service after the posting of changes constitutes your binding acceptance of such changes. Back to top Twitch Contact Information Please contact Twitch with any questions or comments about this Privacy Policy at 225 Bush Street, 9th Floor, San Francisco, CA 94104 or by email to privacy@twitch.tv. We will respond to your inquiry within 30 days of its receipt. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Back to top California Privacy Rights California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Twitch does not currently disclose personal information to third parties for their direct marketing purposes. Back to top Samsung Galaxy S3 End User License Agreement End User License Agreement for Software IMPORTANT. READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Samsung Electronics Co., Ltd. ("Samsung") for software, owned by Samsung and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation in connection with your use of this device ("Software"). This device requires the use of preloaded software in its normal operation. BY USING THE DEVICE OR ITS PRELOADED SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE DEVICE OR THE SOFTWARE. 1. GRANT OF LICENSE. Samsung grants you the following rights provided that you comply with all terms and conditions of this EULA: You may install, use, access, display and run one copy of the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or a mobile device at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Certain items of the Software may be subject to open source licenses. The open source license provisions may override some of the terms of this EULA. We make the applicable open source licenses available to you on the Legal Notices section of the Settings menu of your device. 2. RESERVATION OF RIGHTS AND OWNERSHIP. Samsung reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Samsung or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold. 3. LIMITATIONS ON END USER RIGHTS. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial hosting services with the Software. 4. CONSENT TO USE OF DATA. You agree that Samsung and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, customer code, access recording, your device's current SW version, MCC (Mobile Country Code), MNC (Mobile Network Code). Samsung and its affiliates may use this information solely to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. At all times your information will be treated in accordance with Samsung's Privacy Policy, which can be viewed at: http://account.samsung.com/membership/pp. 5. SOFTWARE UPDATES. Samsung may provide to you or make available to you updates, upgrades, supplements and add-on components (if any) of the Software, including bug fixes, service upgrades (parts or whole), products or devices, and updates and enhancements to any software previously installed (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the Software to improve the Software and ultimately enhance your user experience with your device. This EULA applies to all and any component of the Update that Samsung may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with such Update. To use Software provided through Update, you must first be licensed for the Software identified by Samsung as eligible for the Update. After the Update, you may no longer use the Software that formed the basis for your Update eligibility. The updated Software version may add new functions and, in some limited cases, may delete existing functions. While the Update will be generally available, in some limited circumstances, the Software updates will only be offered by your network carrier, and such Software updates will be governed by your contractual relationship with your network carrier. With the "Automatic Update" function enabled (as in the default setting in the System Update menu in the Setting), your device downloads some Updates automatically from time to time. Your device will, however, ask for your consent before installing any Update If you choose to disable the "Automatic Update" function, then you can check the availability of new Updates by clicking on the "Check Update" menu in the Setting. We recommend that you check availability of any new Updates periodically for optimal use of your device. If you want to avoid any use of network data for the Update downloads, then you should choose the "Wi-Fi Only" option in the Setting. (Regardless of the option you choose, the "Automatic Update" function downloads Updates only through Wi-Fi connection.) 6. Some features of the Software may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. Unless your device is connected to the internet through Wi-Fi connection, the Software will access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the Software may be affected by the suitability and performance of your device hardware or data access. 7. SOFTWARE TRANSFER. You may not transfer this EULA or the rights to the Software granted herein to any third party unless it is in connection with the sale of the mobile device which the Software accompanied. In such event, the transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA) and you may not retain any copies of the Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms. 8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software, including all the applicable export restriction laws and regulations. 9. TERMINATION. This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from Samsung if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software. 10. DISCLAIMER OF WARRANTY. UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, ALL SOFTWARE PROVIDED BY SAMSUNG WITH THIS MOBILE DEVICE (WHETHER INCLUDED WITH THE DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG. 11. THIRD-PARTY APPLICATIONS. Certain third party applications may be included with, or downloaded to this mobile device. Samsung makes no representations whatsoever about any of these applications. Since Samsung has no control over such applications, you acknowledge and agree that Samsung is not responsible for the availability of such applications and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such applications. You expressly acknowledge and agree that use of third party applications is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. It is up to you to take precautions to ensure that whatever you select to use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. References on this mobile device to any names, marks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services. You agree that Samsung shall not be responsible or liable, directly or indirectly, for any damage or loss, including but not limited to any damage to the mobile device or loss of data, caused or alleged to be caused by, or in connection with, use of or reliance on any such third party content, products, or services available on or through any such application. You acknowledge and agree that the use of any third-party application is governed by such third party application provider's Terms of Use, License Agreement, Privacy Policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third party application provider's privacy policy, if such a policy exists. SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER. SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY APPLICATION PROVIDER. 12. SAMSUNG APPLICATIONS. Certain Samsung applications and services may be included with, or downloaded to, this mobile device. Many of them require Samsung Services membership registration ("Samsung Account"), and your rights and obligations will be set forth in separate Samsung Account terms and conditions and privacy policies. There are non-Samsung Account applications and services that require your consent to their separate terms and conditions and privacy policies. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions and privacy policies. 13. LIMITATION OF LIABILITY. SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SAMSUNG ELECTRONIC CO.'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 14. U.S. GOVERNMENT END USERS RESTRICTED RIGHTS. The Software is licensed only with "restricted rights" and as "commercial items" consisting of "commercial software" and "commercial software documentation" with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Products are provided only with "restricted rights" with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All Software and Products are provided subject to Federal Acquisition Regulation (FAR) 52.227.19. 15. APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction where you are a resident or, if a resident of the United States, by the laws of the state of Texas, without regard to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 16. DISPUTE RESOLUTION. (a) Non-United States residents. If a dispute, controversy or difference arising in any way from this EULA or your use of the Software is not amicably settled, it shall be subject to the non-exclusive jurisdiction of the courts of the jurisdiction where you are a resident. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. (b) United States residents. ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with any other person's or entity's claim or dispute, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the EULA and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the EULA. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less ("Small Claim"), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant Samsung its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Samsung shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. This arbitration provision also applies to claims against Samsung's employees, representatives and affiliates if any such claim arises from the licensing or use of the Software. You may opt out of this dispute resolution procedure by providing notice to Samsung no later than 30 calendar days from the date of the first consumer purchaser's purchase of this device. To opt out, you must send notice by e-mail to optout@sta.samsung.com, with the subject line: "Arbitration Opt Out." You must include in the opt out e-mail (a) your name and address; (b) the date on which the device was purchased; (c) the device model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the device box; (ii) on the device information screen, which can be found under "Settings;" (iii) on a label on the back of the device beneath the battery, if the battery is removable; and (iv) on the outside of the device if the battery is not removable). Alternatively, you may opt out by calling 1-888-987-4357 no later than 30 calendar days from the date of the first consumer purchaser's purchase of the device and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the device or its preloaded Software, and you will continue to enjoy the benefits of this license. 17. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Samsung relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Google Terms of Service Last modified: April 14, 2014 (view archived versions) Welcome to Google! Thanks for using our products and services (“Services”). The Services are provided by Google Inc. (“Google”), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. By using our Services, you are agreeing to these terms. Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. Using our Services You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not Google’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. Your Google Account You may need a Google Account in order to use some of our Services. You may create your own Google Account, or your Google Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Google Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. Try not to reuse your Google Account password on third-party applications. If you learn of any unauthorized use of your password or Google Account, follow these instructions. Privacy and Copyright Protection Google’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Google can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google’s policy about responding to notices in our Help Center. Your Content in our Services Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. For example, you can choose your settings so your name and photo do not appear in an ad. You can find more information about how Google uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. About Software in our Services When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms. Modifying and Terminating our Services We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. Google may also stop providing Services to you, or add or create new limits to our Services at any time. We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Our Warranties and Disclaimers We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. Liability for our Services WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. Business uses of our Services If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Google and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. About these Terms We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Google and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and you and Google consent to personal jurisdiction in those courts. For information about how to contact Google, please visit our contact page. Welcome to the Google Privacy Policy When you use Google services, you trust us with your information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope you will take time to read it carefully. And remember, you can find controls to manage your information and protect your privacy and security at My Account. Privacy Policy Hide examples Last modified: April 17, 2017 (view archived versions) Download PDF version There are many different ways you can use our services – to search for and share information, to communicate with other people or to create new content. When you share information with us, for example by creating a Google Account, we can make those services even better – to show you more relevant search results and ads, to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy. Our Privacy Policy explains: What information we collect and why we collect it. How we use that information. The choices we offer, including how to access and update information. We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, then read about these key terms first. Your privacy matters to Google so whether you are new to Google or a long-time user, please do take the time to get to know our practices – and if you have any questions contact us. Back to top Information we collect We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like which ads you’ll find most useful, the people who matter most to you online, or which YouTube videos you might like. We collect information in the following ways: Information you give us. For example, many of our services require you to sign up for a Google Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card to store with your account. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible Google Profile, which may include your name and photo. Information we get from your use of our services. We collect information about the services that you use and how you use them, like when you watch a video on YouTube, visit a website that uses our advertising services, or view and interact with our ads and content. This information includes: Device information We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Google may associate your device identifiers or phone number with your Google Account. Log information When you use our services or view content provided by Google, we automatically collect and store certain information in server logs. This includes: details of how you used our service, such as your search queries. telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls. Internet protocol address. device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL. cookies that may uniquely identify your browser or your Google Account. Location information When you use Google services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Google with information on nearby devices, Wi-Fi access points and cell towers. Unique application numbers Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to Google when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates. Local storage We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. Cookies and similar technologies We and our partners use various technologies to collect and store information when you visit a Google service, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services we offer to our partners, such as advertising services or Google features that may appear on other sites. Our Google Analytics product helps businesses and site owners analyze the traffic to their websites and apps. When used in conjunction with our advertising services, such as those using the DoubleClick cookie, Google Analytics information is linked, by the Google Analytics customer or by Google, using Google technology, with information about visits to multiple sites. Information we collect when you are signed in to Google, in addition to information we obtain about you from partners, may be associated with your Google Account. When information is associated with your Google Account, we treat it as personal information. For more information about how you can access, manage or delete information that is associated with your Google Account, visit the Transparency and choice section of this policy. Back to top How we use information we collect We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Google and our users. We also use this information to offer you tailored content – like giving you more relevant search results and ads. We may use the name you provide for your Google Profile across all of the services we offer that require a Google Account. In addition, we may replace past names associated with your Google Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Google Profile information, such as your name and photo. If you have a Google Account, we may display your Profile name, Profile photo, and actions you take on Google or on third-party applications connected to your Google Account (such as +1’s, reviews you write and comments you post) in our services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Google Account. When you contact Google, we keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements. We use information collected from cookies and other technologies, like pixel tags, to improve your user experience and the overall quality of our services. One of the products we use to do this on our own services is Google Analytics. For example, by saving your language preferences, we’ll be able to have our services appear in the language you prefer. When showing you tailored ads, we will not associate an identifier from cookies or similar technologies with sensitive categories, such as those based on race, religion, sexual orientation or health. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. We may combine personal information from one service with information, including personal information, from other Google services – for example to make it easier to share things with people you know. Depending on your account settings, your activity on other sites and apps may be associated with your personal information in order to improve Google’s services and the ads delivered by Google. We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy. Google processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live. Back to top Transparency and choice People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can: Review and update your Google activity controls to decide what types of data, such as videos you’ve watched on YouTube or past searches, you would like saved with your account when you use Google services. You can also visit these controls to manage whether certain activity is stored in a cookie or similar technology on your device when you use our services while signed-out of your account. Review and control certain types of information tied to your Google Account by using Google Dashboard. View and edit your preferences about the Google ads shown to you on Google and across the web, such as which categories might interest you, using Ads Settings. You can also visit that page to opt out of certain Google advertising services. Adjust how the Profile associated with your Google Account appears to others. Control who you share information with through your Google Account. Take information associated with your Google Account out of many of our services. Choose whether your Profile name and Profile photo appear in shared endorsements that appear in ads. You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences. Back to top Information you share Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including Google. Our services provide you with different options on sharing and removing your content. Back to top Accessing and updating your personal information Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems). Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems. Back to top Information we share We do not share personal information with companies, organizations and individuals outside of Google unless one of the following circumstances applies: With your consent We will share personal information with companies, organizations or individuals outside of Google when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information. With domain administrators If your Google Account is managed for you by a domain administrator (for example, for G Suite users) then your domain administrator and resellers who provide user support to your organization will have access to your Google Account information (including your email and other data). Your domain administrator may be able to: view statistics regarding your account, like statistics regarding applications you install. change your account password. suspend or terminate your account access. access or retain information stored as part of your account. receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request. restrict your ability to delete or edit information or privacy settings. Please refer to your domain administrator’s privacy policy for more information. For external processing We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. For legal reasons We will share personal information with companies, organizations or individuals outside of Google if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: meet any applicable law, regulation, legal process or enforceable governmental request. enforce applicable Terms of Service, including investigation of potential violations. detect, prevent, or otherwise address fraud, security or technical issues. protect against harm to the rights, property or safety of Google, our users or the public as required or permitted by law. We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services. If Google is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy. Back to top Information security We work hard to protect Google and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular: We encrypt many of our services using SSL. We offer you two step verification when you access your Google Account, and a Safe Browsing feature in Google Chrome. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to personal information to Google employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. Back to top When this Privacy Policy applies Our Privacy Policy applies to all of the services offered by Google Inc. and its affiliates, including YouTube, services Google provides on Android devices, and services offered on other sites (such as our advertising services), but excludes services that have separate privacy policies that do not incorporate this Privacy Policy. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Google services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads. Back to top Compliance and cooperation with regulatory authorities We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks, including the EU-US and Swiss-US Privacy Shield Frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly. Back to top Changes Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. Back to top Specific product practices The following notices explain specific privacy practices with respect to certain Google products and services that you may use: Chrome and Chrome OS Play Books Payments Fiber Project Fi G Suite for Education For more information about some of our most popular services, you can visit the Google Product Privacy Guide. Back to top Other useful privacy and security related materials Further useful privacy and security related materials can be found through Google’s policies and principles pages, including: Information about our technologies and principles, which includes, among other things, more information on how Google uses cookies. technologies we use for advertising. how we recognize patterns like faces. A page that explains what data is shared with Google when you visit websites that use our advertising, analytics and social products. The Privacy Checkup tool, which makes it easy to review your key privacy settings. Google’s safety center, which provides information on how to stay safe and secure online. Google Chrome Terms of Service These Terms of Service apply to the executable code version of Google Chrome. Source code for Google Chrome is available free of charge under open source software licence agreements at http://code.google.com/chromium/terms.html. 1. Your relationship with Google 1.1 Your use of Google’s products, software, services and websites (referred to collectively as the “Services” in this document and excluding any services provided to you by Google under a separate written agreement) is subject to the terms of a legal agreement between you and Google. “Google” means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up and sets out some of the terms of that agreement. 1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”. Open-source software licences for Google Chrome source code constitute separate written agreements. To the limited extent that the open-source software licences expressly supersede these Universal Terms, the open-source licences govern your agreement with Google for the use of Google Chrome or specific included components of Google Chrome. 1.3 Your agreement with Google will also include the terms set forth below in the Google Chrome Additional Terms of Service and terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within or through your use of that Service. 1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Google in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”. 1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service. 2. Accepting the Terms 2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 2.2 You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by Google in the user interface for any Service; or (B) by actually using the Services. In this case, you understand and agree that Google will treat your use of the Services as acceptance of the Terms from that point onwards. 3. Language of the Terms 3.1 Where Google has provided you with a translation of the English-language version of the Terms, you agree that the translation is provided for your convenience only and that the English-language versions of the Terms will govern your relationship with Google. 3.2 If there is any contradiction between what the English-language version of the Terms says and what a translation says, then the English-language version shall take precedence. 4. Provision of the Services by Google 4.1 Google has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. 4.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services that Google provides may change from time to time, without prior notice to you. 4.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Google’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Google when you stop using the Services. 4.4 You acknowledge and agree that if Google disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account. 5. Use of the Services by you 5.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 5.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services). 5.3 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 5.4 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that Google may suffer) of any such breach. 6. Privacy and your personal information 6.1 For information about Google’s data protection practices, please read Google’s privacy policy at http://www.google.com/privacy.html and at http://www.google.com/chrome/intl/en/privacy.html. This policy explains how Google treats your personal information, and protects your privacy, when you use the Services. 6.2 You agree to the use of your data in accordance with Google’s privacy policies. 7. Content in the Services 7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. 7.2 You should be aware that Content presented to you as part of the Services, including, but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights that are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part), unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. 7.3 Google reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Google may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see https://support.google.com/websearch/answer/510?hl=en-GB). In addition, there are commercially available services and software to limit access to material that you may find objectionable. 7.4 You understand that by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. 7.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services, and for the consequences of your actions (including any loss or damage that Google may suffer) by doing so. 8. Proprietary rights 8.1 You acknowledge and agree that Google (or Google’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 8.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features. 8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms and Google's brand-feature use guidelines, as updated from time to time. These guidelines can be viewed online at http://www.google.co.uk/permissions/guidelines.html (or such other URL as Google may provide for this purpose from time to time). 8.4 Google acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on or through the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Google, you agree that you are responsible for protecting and enforcing those rights and that Google has no obligation to do so on your behalf. 8.5 You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trade-mark notices) that may be affixed to or contained within the Services. 8.6 Unless you have been expressly authorised to do so in writing by Google, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos. 9. Licence from Google 9.1 Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Google as part of the Services provided to you by Google (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by the Terms. 9.2 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse-engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by Google, in writing. 9.3 Subject to section 1.2, unless Google has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. 10. Content licence from you 10.1 You retain copyright and any other rights that you already hold in Content which you submit, post or display on or through the Services. 11. Software updates 11.1 The Software that you use may download and install updates automatically, from time to time, from Google. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Google to deliver these to you) as part of your use of the Services. 12. Ending your relationship with Google 12.1 The Terms will continue to apply until terminated either by you or Google, as set out below. 12.2 Google may, at any time, terminate its legal agreement with you if: (A) you have breached any provision of the Terms (or have acted in a manner that clearly shows that you do not intend to or are unable to comply with the provisions of the Terms); or (B) Google is required to do so by law (for example, where the provision of the Services to you is or becomes unlawful); or (C) the partner with whom Google offered the Services to you has terminated its relationship with Google or ceased to offer the Services to you; or (D) Google is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or (E) the provision of the Services to you by Google is, in Google’s opinion, no longer commercially viable. 12.3 Nothing in this Section shall affect Google’s rights regarding provision of Services under Section 4 of the Terms. 12.4 When these Terms come to an end, all the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 13. EXCLUSION OF WARRANTIES 13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT GOOGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”. 13.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. 13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE 13.4 USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE. OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. 13.6 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 14. LIMITATION OF LIABILITY 14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES THAT GOOGLE MAY MAKE TO THE SERVICES OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; 14.2 THE LIMITATIONS ON GOOGLE’S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY, WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 15. Copyright and trade mark policies 15.1 It is Google’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeated infringers. Details of Google’s policy can be found at http://www.google.co.uk/dmca.html. 15.2 Google operates a trade mark complaints procedure in respect of Google’s advertising business, details of which can be found at http://www.google.co.uk/tm_complaint.html. 16. Advertisements 16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. 16.2 The manner, mode and extent of advertising by Google on the Services are subject to change without specific notice to you. 16.3 In consideration for Google granting you access to and use of the Services, you agree that Google may place such advertising on the Services. 17. Other content 17.1 The Services may include hyperlinks to other websites, or content or resources. Google may have no control over any websites or resources that are provided by companies or persons other than Google. 17.2 You acknowledge and agree that Google is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources. 17.3 You acknowledge and agree that Google is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from such websites or resources. 18. Changes to the Terms 18.1 Google may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Google will make a new copy of the Universal Terms available at http://www.google.com/chrome/intl/en-GB/eula_text.html and any new Additional Terms will be made available to you from within or through the affected Services. 18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Google will treat your use as acceptance of the updated Universal Terms or Additional Terms. 19. General legal terms 19.1 Sometimes, when you use the Services, you may (as a result of, or in connection with your use of the Services) use a service or download a piece of software, or purchase goods which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. 19.2 The Terms constitute the whole legal agreement between you and Google and govern your use of the Services (but exclude any services that Google may provide to you under a separate written agreement) and completely replace any prior agreements between you and Google in relation to the Services. 19.3 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, letter post or postings on the Services. 19.4 You agree that if Google does not exercise or enforce any legal right or remedy that is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google’s rights and that those rights or remedies will still be available to Google. 19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. 19.6 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third-party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce and rely upon any provision of the Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms. 19.7 The Terms and your relationship with Google under the Terms shall be governed by the laws of the State of California, without regard to its conflict-of-laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 20. Additional Terms for Extensions for Google Chrome 20.1 These terms in this section apply if you install extensions on your copy of Google Chrome. Extensions are small software programmes, developed by Google or third parties that can modify and enhance the functionality of Google Chrome. Extensions may have greater privileges to access your browser or your computer than regular web pages, including the ability to read and modify your private data. 20.2 From time to time, Google Chrome may check with remote servers (hosted by Google or by third parties) for available updates to extensions, including, but not limited to bug fixes or enhanced functionality. You agree that such updates will be requested automatically, downloaded and installed without further notice to you. 20.3 From time to time, Google may discover an extension that violates Google developer terms or other legal agreements, laws, regulations or policies. Google Chrome will periodically download a list of such extensions from Google’s servers. You agree that Google may remotely disable or remove any such extension from user systems at its sole discretion. 21. Additional Terms for Enterprise Use 21.1 If you are a business entity, then the individual accepting on behalf of the entity (for the avoidance of doubt, for business entities, in these Terms, "you" means the entity) represents and warrants that he or she has the authority to act on your behalf, that you represent that you are duly authorised to do business in the country or countries where you operate and that your employees, officers, representatives and other agents accessing the Service are duly authorised to access Google Chrome and to legally bind you to these Terms. 21.2 Subject to the Terms and in addition to the licence grant in Section 9, Google grants you a non-exclusive, non-transferable licence to reproduce, distribute, install and use Google Chrome solely on machines intended for use by your employees, officers, representatives and agents in connection with your business entity, and provided that their use of Google Chrome will be subject to the Terms. 12 August 2010 Google Chrome Additional Terms of Service MPEGLA THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ( “AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM. Adobe Google Chrome may include one or more components provided by Adobe Systems Incorporated and Adobe Software Ireland Limited (collectively, “Adobe”). Your use of the Adobe software, as provided by Google (“Adobe Software”), is subject to the following additional terms (the “Adobe Terms”). You, the entity receiving the Adobe Software, will be hereinafter referred to as “Sublicensee”. 1. License Restrictions. (a) Flash Player, Version 10.x is designed only as a browser plug-in. Sublicensee may not modify or distribute this Adobe Software for use as anything but a browser plug-in for playing back content on a web page. For example, Sublicensee will not modify this Adobe Software in order to allow interoperation with applications that run outside the browser (e.g. stand-alone applications, widgets, device UI). (b) Sublicensee will not expose any APIs of the Flash Player, Version 10.x through a browser plug-in interface in such a way that allows such extension to be used to play back content from a web page as a stand-alone application. (c) The Chrome-Reader Software may not be used to render any PDF or EPUB documents that utilise digital-rights management protocols or systems other than Adobe DRM. (d) Adobe DRM must be enabled in the Chrome-Reader Software for all Adobe DRM-protected PDF and EPUB documents. (e) The Chrome-Reader Software may not, other than as explicitly permitted by the technical specifications, disable any capabilities provided by Adobe in the Adobe Software, including, but not limited to, support for PDF and EPUB formats and Adobe DRM. 2. Electronic Transmission. Sublicensee may allow the download of the Adobe Software from a website, the Internet, an intranet or similar technology (“Electronic Transmissions”), provided that Sublicensee agrees that any distributions of the Adobe Software by Sublicensee, including those on CD-ROM, DVD-ROM or other storage media and Electronic Transmissions, if expressly permitted, shall be subject to reasonable security measures to prevent unauthorised use. With relation to Electronic Transmissions approved hereunder, Sublicensee agrees to employ any reasonable usage restrictions set by Adobe, including those related to security and/or the restriction of distribution to end users of the Sublicensee's Product. 3. EULA and Distribution Terms. (a) Sublicensee shall ensure that the Adobe Software is distributed to end users under an enforceable end-user licence agreement, in favour of Sublicensee and its suppliers, containing at least each of the following minimum terms (the “End-User Licence”): (i) a prohibition against distribution and copying, (ii) a prohibition against modifications and derivative works, (iii) a prohibition against decompiling, reverse-engineering, disassembling and otherwise reducing the Adobe Software to a human-perceivable form, (iv) a provision indicating ownership of Sublicensee's Product (as defined in Section 8) by Sublicensee and its licensors, (v) a disclaimer of indirect, special, incidental, punitive and consequential damages and (vi) other industry-standard disclaimers and limitations, including, as applicable: a disclaimer of all applicable statutory warranties, to the full extent allowed by law. (b) Sublicensee shall ensure that the Adobe Software is distributed to Sublicensee’s distributors under an enforceable distribution licence agreement, in favour of Sublicensee and its suppliers, containing terms as protective of Adobe as the Adobe Terms. 4. Open Source. Sublicensee will not directly or indirectly grant, or purport to grant, to any third party any rights or immunities under Adobe’s intellectual property or proprietary rights that will subject such intellectual property to an open-source licence or scheme in which there is, or could be interpreted to be, a requirement that as a condition of use, modification and/or distribution, the Adobe Software be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributable at no charge. For clarification purposes, the foregoing restriction does not preclude Sublicensee from distributing, and Sublicensee will distribute the Adobe Software as bundled with the Google Software, without charge. 5. Additional Terms. With respect to any update, upgrade, new versions of the Adobe Software (collectively “Upgrades”) provided to Sublicenses, Adobe reserves the right to require additional terms and conditions applicable solely to the Upgrade and future versions thereof, and solely to the extent that such restrictions are imposed by Adobe on all licensees of such Upgrade. If Sublicensee does not agree to such additional terms or conditions, Sublicensee will have no licence rights with respect to such Upgrade, and Sublicensee’s licence rights with respect to the Adobe Software will terminate automatically on the 90th day from the date that such additional terms are made available to Sublicensee. 6. Proprietary Rights Notices. The Sublicensee shall not, and shall require its distributors not to, delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within the Adobe Software or accompanying materials. 7. Technical Requirements. Sublicensee and its distributors may only distribute Adobe Software and/or Upgrade on devices that (i) meet the technical specifications posted on http://www.adobe.com/mobile/licensees, (or a successor web site thereto), and (ii) has been verified by Adobe as set forth below. 8. Verification and Update. Sublicensee must submit to Adobe each Sublicensee product (and each version thereof) containing the Adobe Software and/or Upgrade (“Sublicensee Product”) that do not meet the Device Verification exemption criteria to be communicated by Google, for Adobe to verify. Sublicensee shall pay for each submission made by Sublicensee by procuring verification packages at Adobe’s then-current terms set forth at http://flashmobile.adobe.com/. Sublicensee Product that has not passed verification may not be distributed. Verification will be accomplished in accordance with Adobe’s then-current process described at http://flashmobile.adobe.com/ (“Verification”). 9. Profiles and Device Central. Sublicensee will be prompted to enter certain profile information about the Sublicensee Products either as part of the Verification process or some other method, and Sublicensee will provide such information, to Adobe. Adobe may (i) use such profile information as reasonably necessary to verify the Sublicensee Product (if such product is subject to Verification), and (ii) display such profile information in “Adobe Device Intelligence system”, located at https://devices.adobe.com/partnerportal/, and made available through Adobe’s authoring and development tools and services to enable developers and end users to see how content or applications are displayed in Sublicensee Products (e.g. how video images appear in certain phones). 10. Export. Sublicensee acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, which may include the Adobe Software. Sublicensee agrees that it will not export or re-export the Adobe Software without the appropriate United States and foreign governmental clearances, if any. 11. Technology Pass-through Terms. (a) Except pursuant to applicable permissions or agreements therefore, from or with the applicable parties, Sublicensees shall not use and shall not allow the use of, the Adobe Software for the encoding or decoding of mp3 audio only (.mp3) data on any non-pc device (e.g. mobile phone or set-top box), nor may the mp3 encoders or decoders contained in the Adobe Software be used or accessed by any product other than the Adobe Software. The Adobe Software may be used for the encoding or decoding of MP3 data contained within a swf or flv file, which contains video, picture or other data. Sublicensee shall acknowledge that use of the Adobe Software for non-PC devices, as described in the prohibitions in this section, may require the payment of licensing royalties or other amounts to third parties who may hold intellectual property rights related to the MP3 technology and that Adobe nor Sublicensee has not paid any royalties or other amounts on account of third party intellectual property rights for such use. If Sublicensee requires an MP3 encoder or decoder for such use, Sublicensee is responsible for obtaining the necessary intellectual property license, including any applicable patent rights. (b) Sublicensee will not use, copy, reproduce and modify (i) the On2 source code (provided hereunder as a component of the Source Code) as necessary to enable the Adobe Software to decode video in the Flash video file format (.flv or .f4v), and (ii) the Sorenson Spark source code (provided hereunder as a component of the Source Code) for the limited purpose of making bug fixes and performance enhancements to the Adobe Software. All codecs provided with the Adobe Software may only be used and distributed as an integrated part of the Adobe Software and may not be accessed by any other application, including other Google applications. (c) The Source Code may be provided with an AAC codec and/or HE-AAC codec (“the AAC Codec”). Use of the AAC Codec is conditioned on Sublicensee obtaining a proper patent licence covering necessary patents as provided by VIA Licensing, for end products on or in which the AAC Codec will be used. Sublicensee acknowledges and agrees that Adobe is not providing a patent licence for an AAC Codec under this Agreement to Sublicensee or its sublicensees. (d) THE SOURCE CODE MAY CONTAIN CODE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENCE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENCE IS GRANTED OR WILL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. See http://www.mpegla.com 12. Update. The Sublicensee will not circumvent Google’s or Adobe’s efforts to update the Adobe Software in all the Sublicensee’s products incorporating the Adobe Software as bundled with the Google Software (“Sublicensee Products”). 13. Attribution and Proprietary Notices. The Sublicensee will list the Adobe Software in publicly available Sublicensee Product specifications and include appropriate Adobe Software branding (specifically excluding the Adobe corporate logo) on the Sublicensee Product packaging or marketing materials in a manner consistent with branding of other third-party products contained within the Sublicensee Product. 14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE FOR USE AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE ADOBE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO SUBLICENSEE IN SUBLICENSEE’S JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. SUBLICENSEE AGREES THAT SUBLICENSEE SHALL NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, ON BEHALF OF ADOBE. 15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN SUBLICENSEE’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS (US$1,000). Nothing contained in this Agreement limits Adobe’s liability to Sublicensee in the event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. 16. Content Protection Terms (a) Definitions. “Compliance and Robustness Rules” means the document setting forth compliance and robustness rules for the Adobe Software located at http://www.adobe.com/mobile/licensees, or a successor website thereto. “Content Protection Functions” means those aspects of the Adobe Software that are designed to ensure compliance with the Compliance and Robustness Rules, and to prevent playback, copying, modification, redistribution or other actions with respect to digital content distributed for consumption by users of the Adobe Software when such actions are not authorised by the owners of such digital content or its licensed distributors. “Content Protection Code” means code within certain designated versions of the Adobe Software that enables certain Content Protection Functions. “Key” means a cryptographic value contained in the Adobe Software for use in decrypting digital content. (b) Licence Restrictions. Sublicensee’s right to exercise the licences with respect to the Adobe Software is subject to the following additional restrictions and obligations. Sublicensee will ensure that Sublicensee’s customers comply with these restrictions and obligations to the same extent imposed on Sublicensee with respect to the Adobe Software; any failure by Sublicensee’s customers to comply with these additional restrictions and obligations shall be treated as a material breach by Sublicensee. b.1. (b.1) The Sublicensee and customers may only distribute the Adobe Software that meets the Robustness and Compliance Rules as so confirmed by the Sublicensee during the verification process described above in the Adobe Terms. b.2. {0}b.2. Sublicensee shall not (i) circumvent the Content Protection Functions of either the Adobe Software or any related Adobe Software that is used to encrypt or decrypt digital content for authorised consumption by users of the Adobe Software or (ii) develop or distribute products that are designed to circumvent the Content Protection Functions of either the Adobe Software or any Adobe Software that is used to encrypt or decrypt digital content for authorised consumption by users of the Adobe Software.{1}{2}{3}{4}{5}{6}{7} (c) The Keys are hereby designated as Adobe’s Confidential Information, and Sublicensee will, with respect to the Keys, adhere to Adobe’s Source Code Handling Procedure (to be provided by Adobe upon request). (d) Injunctive Relief. Sublicensee agrees that a breach of this Agreement may compromise the Content Protection Functions of the Adobe Software and may cause unique and lasting harm to the interests of Adobe and owners of digital content that rely on such Content Protection Functions, and that monetary damages may be inadequate to compensate fully for such harm. Therefore, Sublicensee further agrees that Adobe may be entitled to seek injunctive relief to prevent or limit the harm caused by any such breach, in addition to monetary damages. 17. Intended Third-party Beneficiary. Adobe Systems Incorporated and Adobe Software Ireland Limited are the intended third-party beneficiaries of Google’s agreement with Sublicensee with respect to the Adobe Software, including but not limited to, the Adobe Terms. Sublicensee agrees, notwithstanding anything to the contrary in its agreement with Google, that Google may disclose Sublicensee’s identity to Adobe and certify in writing that Sublicensee has entered into a licence agreement with Google that includes the Adobe Terms. Sublicensee must have an agreement with each of its licensees and if such licensees are allowed to redistribute the Adobe Software, such agreement will include the Adobe Terms. Google Chrome Privacy Notice Archive date: November 30, 2016 Learn how to control the information that's collected, stored, and shared when you use the Google Chrome browser on your computer or mobile device, Chrome OS, and Safe Browsing. Although this policy describes features that are specific to Chrome, any personal information that is provided to Google or stored in your Google Account will be used and protected in accordance with the Google Privacy Policy. If you enable Google Play apps on your Chromebook, the use and protection of information collected by Google Play or the Android operating system is governed by the Play Terms of Service and Google Privacy Policy. Details specific to Chrome are provided in this Notice where relevant. Details about the Privacy Notice In this Privacy Notice, we use the term "Chrome" to refer to all the products in the Chrome family listed above. If there are differences in our policy between products, we'll point them out. "Beta," "Dev," or "Canary" versions of Chrome let you test new features still being created in Chrome. This Privacy Notice applies to all versions of Chrome, but might not be up-to-date for features still under development. For step-by-step guides to managing your privacy preferences, read this overview of Chrome's privacy controls. Table of contents: Browser modes Managing users in Chrome Safe Browsing policies Policy on using apps, extensions, themes, services, and other add-ons Server log privacy information More information Browser modes You don't need to provide any personal information to use Chrome, but Chrome has different modes that you can use to change or improve your browsing experience. Privacy practices are different depending on the mode that you're using. Basic browser mode The basic browser mode stores information locally on your system. This information might include: Browsing history information. For example, Chrome stores the URLs of pages that you visit, a cache of text, images and other resources from those pages, and, if the network actions prediction feature is turned on, a list of some of the IP addresses linked from those pages. Personal information and passwords, to help you fill out forms or sign in to sites you visit. A list of permissions that you have granted to websites. Thumbnail-sized screenshots of pages that you visit most often. Cookies or data from websites that you visit. Data saved by add-ons. A record of what you downloaded from websites. You can manage this information in several ways: You can delete your browsing history information. You can clear your cookies and site data by visiting the Cookies and Site Data dialog at chrome://settings/clearBrowserData. You can stop Chrome from accepting cookies from Google or other sites. Learn more. You can review stored passwords in Chrome settings. Learn more. You can view and manage your stored Autofill information. Learn more. The personal information that Chrome stores won't be sent to Google unless you choose to store that data in your Google Account by signing in to Chrome. Signing in enables Chrome’s synchronization feature. How Chrome handles your information Information for website operators. Sites that you visit using Chrome will automatically receive standard log information, including your system’s IP address and data from cookies or similar technologies. In general, the fact that you use Chrome to access Google services, such as Gmail, does not cause Google to receive any additional personally identifying information about you. On Google websites and other websites that opt in, if Chrome detects signs that you are being actively attacked by someone on the network (a "man in the middle attack"), Chrome may send information about that connection to Google or the website you visited to help determine the extent of the attack and how the attack functions. Google provides participating website owners with reports about attacks occurring on their sites. Prerendering. To load web pages faster, Chrome has a setting that can look up the IP addresses of links on a web page and open network connections. Sites and Android apps can also ask the browser to preload the pages you might visit next. Preloading requests from Android apps are controlled by the same setting as Chrome-initiated predictions. But preloading instructions from sites are always performed, regardless of whether Chrome’s network prediction feature is enabled. If prerendering is requested, whether by Chrome or by a site or app, the preloaded site is allowed to set and read its own cookies just as if you had visited it, even if you don’t end up visiting the prerendered page. Learn more. Location. To get more geographically relevant information, Chrome gives you the option to share your location with a site. Chrome won't allow a site to access your location without your permission; however, on mobile devices, once you’ve granted the app permission to access your location, Chrome automatically shares your location with your default search engine. Chrome uses Google Location Services to estimate your location. The information that Chrome sends to Google Location Services may include: The Wi-Fi routers closest to you Cell IDs of the cell towers closest to you The strength of your Wi-Fi or cell signal The IP address that is currently assigned to your device Google doesn't have control over third-party websites or their privacy practices, so be cautious when sharing your location with a website. Updates. Chrome periodically sends information to Google to check for updates, get connectivity status, validate the current time, and estimate the number of active users. Search features. When you search using the address bar in Chrome, the characters you type (even if you haven’t hit “enter” yet) are sent to your default search engine. This allows your search engine to improve your searching and browsing experience by automatically suggesting terms or URLs you may be looking for. Learn more. If Google is your default search engine, Chrome contacts Google when you start searching or when you change networks, so you can get the best local web address for sending search queries. If you are signed in to a Google site or signed in to Chrome and Google is your default search engine, searches you perform using the address bar in Chrome are stored in your Google account. Suggestion service. Suggestions are based on related web searches, your browsing history, and popular websites. If your default search engine provides a suggestion service, the browser sends the text you type in the address bar to the search engine. Learn more about the address bar prediction service. Navigation assistance. When you can’t connect to a web page, you can get suggestions for alternative pages similar to the one you're trying to reach. In order to offer you suggestions, Chrome sends Google the URL of the page you're trying to reach. Autofill and password management. Chrome sends Google limited, anonymous information about the web forms that you encounter, including a hashed URL of the web page and details of the form's structure, so that we can improve our Autofill and password management services. Payments. If you are signed in to the Chrome browser and you have credit cards stored in your Google Payments Account, then Chrome will offer you the option of filling those cards into web forms. In addition, if you enter a new credit card into a web form, Chrome will offer to save your credit card and related billing information to your Google Payments account. If you use a card from Google Payments or choose to save your credit card in your Google Payments account for future use, Chrome will collect information about your computer and share it with Google Payments to protect you from fraud. On Android, if supported by the merchant, Chrome will also allow you to pay using Android Pay. Usage statistics and crash reports. By default, usage statistics and crash reports are sent to Google to help us improve our products. Usage statistics contain information such as preferences, button clicks, and memory usage. Usage statistics do not include web page URLs or personal information. Crash reports contain system information at the time of the crash, and may contain web page URLs or personal information, depending on what was happening at the time the crash report was triggered. We might share aggregated, non-personal information from crash reports with third parties. You can change whether usage statistics and crash reports are sent to Google at any time. Learn more. If Google Play apps are enabled on your Chromebook and Chrome usage statistics are enabled, then Android diagnostic and usage data is also sent to Google. Media licenses. Some websites encrypt media to protect against unauthorized access and copying. For HTML5 sites, this key exchange is done using the Encrypted Media Extensions API. In the process of allowing access to this media, session identifiers and licenses may be stored locally. These identifiers can be cleared by the user in Chrome using Clear Browsing Data with “Media licenses” enabled. For sites that use Adobe Flash Access, Chrome browser for Windows or Chrome OS, provides a unique identifier to content partners and websites. The identifier is stored on your system. You can deny this access in the settings under Content Settings, Protected content, and reset the ID using Clear Browsing Data with “Media licenses” enabled. If you access HD content on Chrome OS, a content provider may ask Chrome for a certificate to verify the eligibility of the device. To verify your device, your Chromebook will share data about its hardware attributes with the website, and will use Verified Access to certify that its cryptographic keys are protected by Chrome hardware. Chrome will prompt you to allow or deny this verification check. Learn more. Other Google services. This notice describes the Google services that are enabled by default in Chrome. In addition, Chrome may offer other Google web services. For example, if you encounter a page in a different language, Chrome will offer to send the text to Google for translation. You will be notified of your options for controlling these services when you first use them. You can find more information in the Chrome Privacy Whitepaper. Identifiers in Chrome Chrome includes a number of identifiers necessary to power features. For example, if you use push messaging, an identifier is created in order to deliver notices to you. Where possible, we use non-unique identifiers and remove identifiers when they are no longer needed. Additionally, the following identifiers help us develop, distribute, and promote Chrome, but are not directly related to a Chrome feature. Installation tracking. Each copy of the Windows desktop version of the Chrome browser includes a temporary randomly generated installation number that is sent to Google when you install and first use Chrome. This temporary identifier helps us estimate the number of installed browsers, and will be deleted the first time Chrome updates. The mobile version of Chrome uses a variant of the device identifier on an ongoing basis to track the number of installations of Chrome. Promotion tracking. In order to help us track the success of promotional campaigns, Chrome generates a unique token that is sent to Google when you first run and use the browser. In addition, if you received or reactivated your copy of the desktop version of the Chrome browser as part of a promotional campaign and Google is your default search engine, then searches from the omnibox will include a non-unique promotional tag. All mobile versions of the Chrome browser also include a non-unique promotional tag with searches from the omnibox. Chrome OS may also send a non-unique promotional tag to Google periodically (including during initial setup) and when performing searches with Google. Learn more. Field trials. We sometimes conduct limited tests of new features. Chrome includes a seed number that is randomly selected on first run to assign browsers to experiment groups. Experiments may also be limited by country (determined by your IP address), operating system, Chrome version, and other parameters. A list of field trials that are currently active on your installation of Chrome is included in all requests sent to Google. Learn more. Signed-in Chrome mode When you sign in to the Chrome browser or a Chromebook with your Google Account, your personal browsing data is saved on Google's servers and synced with your account. This type of information can include: Browsing history Bookmarks Tabs Passwords and Autofill information Other browser settings, like installed extensions These settings are automatically loaded for you anytime you sign in to Chrome on other computers and devices. To customize the specific information that you synchronize, use the “Settings” menu. Learn more. You can see the amount of Chrome data stored for your Google Account and manage it on the Chrome Sync Dashboard. On the Dashboard, you can also disable synchronization completely and delete all the associated data from Google’s servers. Learn more. How Chrome handles your signed-in information When you sync Chrome with your Google Account, we use your browsing data to improve and personalize your experience within Chrome. You can also personalize your experience on other Google products, by allowing your Chrome history to be included in your Google Web & App Activity. Learn more. You can change this setting on your Account History page or manage your private data whenever you like. If you don't use your Chrome data to personalize your Google experience outside of Chrome, Google will only use your Chrome data after it's anonymized and aggregated with data from other users. Google uses this data to develop new features, products, and services, and to improve the overall quality of existing products and services. If you would like to use Google's cloud to store and sync your Chrome data but you don't want Google to access the data, you can encrypt all of your synced data with your own sync passphrase. Learn more. Incognito mode and guest mode You can limit the information Chrome stores on your system by using incognito mode or guest mode. In these modes, Chrome won't store certain information, such as: Basic browsing history information like URLs, cached page text, or IP addresses of pages linked from the websites you visit Snapshots of pages that you visit Records of your downloads, although the files you download will still be stored elsewhere on your computer or device How Chrome handles your incognito or guest information Cookies. Chrome won't share existing cookies with sites you visit in incognito or guest mode. Sites may deposit new cookies on your system while you are in these modes, but they'll only be stored and transmitted until you close the last incognito or guest window. Browser configuration changes. When you make changes to your browser configuration, like bookmarking a web page or changing your settings, this information is saved. These changes are not affected by incognito or guest mode. Permissions. Permissions you grant in incognito mode are not saved to your existing profile. Profile information. In incognito mode, you will still have access to information from your existing profile, such as suggestions based on your browsing history and saved passwords, while you are browsing. In guest mode, you can browse without seeing information from any existing profiles. Managing Users in Chrome Managing users for personal Chrome use You can set up personalized versions of Chrome for users sharing one device or computer. Note that anyone with access to your device can view all the information in all profiles. To truly protect your data from being seen by others, use the built-in user accounts in your operating system. Learn more. You can also create a supervised user in Chrome with your Google Account. If you do, Google will synchronize and store information about the supervised user, like history and other settings, with your Google Account. You can view this information at chrome.com/manage. Managing users on Chrome for Enterprise Some Chrome browsers or Chromebooks are managed by a school or company. In that case, the administrator has the ability to apply policies to the browser or Chromebook. Chrome contacts Google to check for these policies when a user first signs in to Chrome or starts browsing without signing in (except in guest mode). Chrome checks periodically for updates to policies. An administrator can set up a policy for status and activity reporting for Chrome, including location information for Chrome OS devices. Your administrators may also have the ability to access, monitor, use or disclose data accessed from your managed device. Safe Browsing practices Google Chrome and certain third-party browsers, like some versions of Mozilla Firefox and Apple’s Safari, include Google's Safe Browsing feature. With Safe Browsing, information about suspicious websites is sent and received between the browser you are using and Google's servers. How Safe Browsing works Your browser contacts Google's servers periodically to download the most recent "Safe Browsing" list, which contains known phishing and malware sites. The most recent copy of the list is stored locally on your system. Google doesn't collect any account information or other personally identifying information as part of this contact. However, it does receive standard log information, including an IP address and cookies. Each site you visit is checked against the Safe Browsing list on your system. If there's a match, your browser sends Google a hashed, partial copy of the site’s URL so that Google can send more information to your browser. Google cannot determine the real URL from this information. Learn more. The following Safe Browsing features are specific to Chrome: Some versions of Chrome feature Safe Browsing technology that can identify potentially harmful sites and potentially dangerous file types not already known by Google. The full URL of the site or potentially dangerous file might also be sent to Google to help determine whether the site or file is harmful. Chrome uses Safe Browsing technology to scan your computer periodically, in order to detect unwanted software that prevents you from changing your settings or otherwise interferes with the security and stability of your browser. Learn more. If this kind of software is detected, Chrome might offer you the option to download the Chrome Cleanup Tool to remove it. You can choose to send additional data to help improve Safe Browsing when you access a site that appears to contain malware or when Chrome detects unwanted software on your computer. This data is sent when you close or navigate away from a Safe Browsing warning page or when Chrome detects unwanted software on your computer following a periodic scan. The reports contain various data, like metadata for files and registry entries that correspond to potentially unwanted software detected during scanning, the potentially dangerous file you encountered, the URL and contents of the website, and the URL of the page that directed you to that site. If you are a Safe Browsing user and you are syncing your Chrome browsing history to your Google account, then, to improve the safety and utility of web feature permissions, Chrome may anonymously report the domains on which you grant, reject, and revoke permissions, or ignore or dismiss permission prompts. You can always choose to disable the Safe Browsing feature within Chrome. Privacy practices of apps, extensions, themes, services, and other add-ons You can use apps, extensions, themes, services and other add-ons with Chrome, including some that may be preinstalled or integrated with Chrome. Add-ons developed and provided by Google may communicate with Google servers and are subject to the Google Privacy Policy unless otherwise indicated. Add-ons developed and provided by others are the responsibility of the add-on creators and may have different privacy policies. Managing add-ons Before installing an add-on, you should review the requested permissions. Add-ons can have permission to do various things, like: Store, access, and share data stored locally or in your Google Drive account View and access content on websites you visit Use notifications that are sent through Google servers Chrome can interact with add-ons in a few different ways: Checking for updates Downloading and installing updates Sending usage indicators to Google about the add-ons Some add-ons might require access to a unique identifier for digital rights management or for delivery of push messaging. You can disable the use of identifiers by removing the add-on from Chrome. From time to time, Google might discover an add-on that poses a security threat, violates the developer terms for Chrome Web Store, or violates other legal agreements, laws, regulations, or policies. Chrome periodically downloads a list of these dangerous add-ons, in order to remotely disable or remove them from your system. More information Information that Google receives when you use Chrome is used and protected under the Google Privacy Policy. Information that other website operators and add-on developers receive, including cookies, is subject to the privacy policies of those websites. Google adheres to several self-regulatory frameworks, including the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce. Learn more. Definitions Cookies and similar technologies A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Other technologies are used for similar purposes as a cookie on other platforms where cookies are not available or applicable, such as the Advertising ID available on Android mobile devices. Learn more about how Google uses cookies and how Google uses data, including cookies, when you use our partners' sites or apps. Google Account You may access some of our services by signing up for a Google Account and providing us with some personal information (typically your name, email address and a password). This account information will be used to authenticate you when you access Google services and protect your account from unauthorized access by others. You can edit or terminate your account at any time through your Google Account settings. Server logs Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. Here is an example of a typical log entry where the search is for “cars”, followed by a breakdown of its parts: 123.45.67.89 - 25/Mar/2003 10:15:32 - http://www.google.com/search?q=cars - Firefox 1.0.7; Windows NT 5.1 - 740674ce2123e969 123.45.67.89 is the Internet Protocol address assigned to the user by the user’s ISP; depending on the user’s service, a different address may be assigned to the user by their service provider each time they connect to the Internet; 25/Mar/2003 10:15:32 is the date and time of the query; http://www.google.com/search?q=cars is the requested URL, including the search query; Firefox 1.0.7; Windows NT 5.1 is the browser and operating system being used; and 740674ce2123a969 is the unique cookie ID assigned to this particular computer the first time it visited Google. (Cookies can be deleted by users. If the user has deleted the cookie from the computer since the last time s/he visited Google, then it will be the unique cookie ID assigned to the user the next time s/he visits Google from that particular computer). Google Play Terms of Service June 16, 2017 1. Introduction Applicable Terms. Thanks for using Google Play. Google Play is a service provided by Google Inc. (“Google”, “we” or “us”), located at 1600 Amphitheatre Parkway, Mountain View California 94043, USA, and is subject to the Google Terms of Service ("Google ToS"). Google Play is a “Service” as defined in the Google ToS, and these Google Play Terms of Service are additional terms which apply to the use of Google Play. Your use of Google Play and the apps (including Android Instant Apps), games, music, movies, books, magazines, or other digital content or services (referred to as "Content") available through it is subject to these Google Play Terms of Service and the Google ToS (which together we refer to as the “Terms”). If there is any conflict between the Google Play Terms of Service and the Google ToS, the Google Play Terms of Service shall prevail. Your use of the Google Play store requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use the Google Play store. Some products and features may be not available in all countries. Please see the Google Play Help Center for more information. 2. Provision of Google Play Direct, Agency and App Sales. When you buy Content on Google Play you will buy it either: (a) directly from Google (a “Direct Sale”); (b) from the provider of the Content (the “Provider”), where Google is acting as an agent for the Provider (an “Agency Sale”); or (c) in the case of Android apps, from the Provider of the app (an “App Sale”). Each time that you purchase Content, you enter into a separate sale contract: (d) based on the Terms (as applicable) with Google (in the case of a Direct Sale); (e) based on the Terms (as applicable) with the Provider of the Content you have purchased (in the case of Agency Sales); or (f) with the Provider of the Content you have purchased (in the case of App Sales). The separate sale contract in (e) or (f) above (as applicable) is in addition to your contract with Google Inc. for the use of the Service (i.e. these Google Play Terms of Service). For Agency Sales the statement, in the Google ToS, that the Google ToS “do not create any third party beneficiary rights”, does not apply to your use of the Service. Access to Content. You may use Google Play to browse, locate, view, and/or download Content for your mobile, computer or other supported device (“Device”). The availability of Content will vary between countries and not all Content may be available in your country. Not all Content is available for sharing with family members. Some of this Content may be offered by Google while others may be made available by third-parties not affiliated with Google. Google is not responsible for any Content made available through Google Play that originates from a source other than Google and does not endorse such content. 3. Your Use of Google Play Age Restrictions. In order to use Google Play you must have a valid Google account, subject to the following age restrictions. In order to serve as the family manager of a family group on Google Play, you must be at least 18 years old. You must not access Google Play if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Content under the laws of the country in which you are resident or from which you access or use Google Play. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Google Play. Basic Use Requirements. To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Content, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility. Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and Google Play. For instance, you may incur such fees if you use services provided through Google Play on or through third-party services or devices. You are responsible for all such fees. Updates. You may need to install updates to Google Play or related Google software that we introduce from time to time to use Google Play and to access or download Content. Content originating from Google may communicate with Google servers from time to time to check for available updates to the Content and to the functionality of Google Play, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Content you have installed requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates then please do not use the Google Play store or install this Content. Google may update any Google app or any app you have downloaded from Google Play to a new version of such app, irrespective of any update settings that you may have selected within the Google Play app or your Device, if Google determines that the update will fix a critical security vulnerability related to the app. Information about You. In order to access certain services or Content on Google Play, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, is shared between Google and its group companies to operate the Service. Google’s privacy policies explain how we treat your personal data and protect your privacy when using Google Play. Any such information you provide to Google must always be accurate, correct and up to date. Google may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions and/or provisioning Content to you. Google has agreed with Providers that they will use this information in accordance with their privacy policies. If you are part of a family group on Google Play, your family members in the family group will be able to see certain information about you. If you are the family manager of a family group on Google Play, family members you invite to join the family group will see your name, photo, and e-mail address. If you join a family group as a family member, other family members will be able to see your name, photo, and e-mail address. Your family manager may also see your age, and will see a record of all purchases you make using the designated family payment method, including a description of the Content purchased. If Content is available for family sharing and you share it with your family group, then all family members will be able to access the Content and see that you purchased it. Family managers and family members must meet these additional requirements as well. Unauthorised Access to Accounts. You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Google Play or of any user of other Google Services via Google Play, including account names. Disabled Accounts. If Google disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Google Play, your account details or any files or other Content that is stored with your account. If you are the family manager of a family on Google Play and Google disables access to your account, your family members may lose access to family features requiring a family group, such as a family payment method, family subscriptions, or Content shared by family members. If you are a family member of a family on Google Play and Google disables your account, your family members will lose access to Content you have shared with them. Please see section 6 below for your rights where you are not able to download Content before your account is disabled. Malware protection. To protect you against malicious third party software and other security issues, Google may receive information about your device’s network connections, the operating system, and third party apps. Google may warn you if it considers an app to be unsafe, or remove or block its installation on your Device if it is known to be harmful to devices, data or users. You can choose to disable these protections in the Google Settings on your Device (however, apps installed through the Store may continue to be analyzed for security issues). Android Instant Apps. When you click on a link on your Device, Google Play may check if an applicable instant app exists and, if so, open the link within the instant app. Any code needed to run the portions of the instant app you access will be downloaded to your Device and kept on it temporarily. App details for an instant app can be found in the Google Play store. Android Instant Apps data and settings are synced to devices signed in with your Google account. You can choose to disable Android Instant Apps in the settings on your Device. 4. Purchases and Payments Free Content. Google may allow you to download, view or use Content free of charge. Any terms and conditions that apply to purchased Content will apply to free Content, except with respect to payment-related matters (for example, the refund-related provisions of these terms do not apply to such free Content). Google may impose limitations on your access and use of certain free Content. Purchase of Content. Your contract for the purchase and use of Content is completed once you receive the email from Google confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete. If you are the family manager of a family group on Google Play, you will be required to set up a valid family payment method for your family members to use to purchase Content on Google Play and within apps. You will be responsible for all of your family members’ purchases of Content using the family payment method. If a family group is deleted, or a family member leaves the family group, you may be charged for pending purchases made by family members using the family payment method. Google Payments. In order to purchase Content through Google Play, you must agree to the payment terms as specified in the Google Payments Terms of Service. If you do not have a Google Payment account, you can set one up by going to this link, where you can also find more information about Google Payments. The Payments Terms of Service and Privacy Notice also apply whenever you want to purchase Content using a Google Payments account. Please ensure that you read those terms carefully before making any purchase. Some purchases through Google Play will require you to transact with the product Provider directly. In these cases, to process your transaction and maintain your account, we may share your personal information with the product Provider, as permitted under the Payments Privacy Notice. Other Payment Processing Methods. Google may make available to you various payment processing methods in addition to Google Payments account to facilitate the purchase of Content through Google Play. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Google or Google’s payment processor may charge your credit card or other form of payment that you indicate for any Content ordered, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make on Google Play. Eligibility for Carrier Billing. In order to determine your eligibility to have purchases of Content that you make through your mobile Devices billed to your mobile network provider’s account, when you create a Google Play account on a Device we will send identifiers of your Device, subscriber ID and SIM card serial number to your network provider. To permit this you will need to accept the network provider’s terms of service. The network provider may send us your billing address information to help us create your Google Play account. We will hold and use this information in accordance with Google’s Privacy Policies. Pricing. Pricing and availability of all Content displayed through Google Play are subject to change at any time before you click the button indicating that you want to purchase Content. Taxes. You are responsible for any Taxes, and must pay for Content without any reduction for Taxes. If the seller of Content is obligated to collect or pay Taxes, the Taxes will be charged to you. "Taxes" means any duties, customs fees, or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Google Play or the purchase of Content through Google Play. The reporting and payment of any such applicable taxes are your responsibility. All Sales Final. Except as expressly set out in the Terms or Google’s refund policies displayed in the Service, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction. Your rights to withdraw, cancel or return purchases and get a refund are set out in the additional terms for the relevant Content type set out below and the refund policies displayed in the Service. Pre-orders. (a) When you place a pre-order for a Content, your contract for the purchase and use of that item is completed when the Content becomes available in your account and you will be charged for the purchase at that time. You can cancel your pre-order at any time up to the point at which the Content becomes available to you (if you want to cancel the pre-order you will be able to do so by visiting the “My Orders” page and following the instructions there). (b) After the moment when the Content becomes available to you, you will not able to withdraw or cancel the pre-order and your cancellation and return rights are the same as for other Content that you purchase through Google Play. Please see the terms below for more information. (c) We will need to cancel your pre-order if the Content is withdrawn from sale through Google Play before it is made available and we reserve the right to cancel your order in the event the price changes before your order is fulfilled. 5. Subscriptions Trials of Magazines News Content and Music. Subscribing to a free trial for a magazine or news content on Google Play Newsstand or for music (including as part of your purchase of a subscription for a magazine or music) gives you access to the subscription benefits for that magazine for free for a specified trial period. At the end of such trial period, you will be charged the price of the first period of the subscription and will continue to be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. If you cancel during the trial period you will retain access to the magazine issues that you access during a free trial period, but you will not retain access to news content or Music Subscription Content (as defined below) that you access during a free trial period unless you become a paid subscriber. Access to free trials may be limited to a certain number of free trials for each user during a given period. To avoid any charges, you must cancel before the end of the trial period; for more information on cancelling subscriptions, see the section titled ”Cancellations” below in this section 5. Trials of Apps. Subscribing to a trial for an Android app gives you access to the subscription benefits for that app for free for a duration specified by the application developer. At the end of the trial period, you will be charged the price of the first period of the subscription and will continue to be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges. Cancellations. If you purchase an auto-recurring periodic subscription (whether monthly, annual or another period) to Content, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, except in the event of defective Content (as set out in section 6 below), or as otherwise set out out in these Terms. With respect to magazine or news content subscriptions on Google Play Newsstand, you will continue to receive Content and updates (if applicable) of the relevant subscription during the remainder of the current billing period. After that billing period ends, your access to previously delivered magazine issues will not be affected by the cancellation, but your access to paid news content will terminate at the end of the billing period during which your subscription is cancelled. With respect to music subscriptions, you will continue to have access to Music Subscription Content (as defined in Section 7 below) during the remainder of the current billing period; however, your access to Music Subscription Content will terminate at the end of the billing period during which your subscription is cancelled. Additional refund policies for music and periodicals are set out in sections 7 and 10 below, respectively. Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Google will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. Declining Price Changes. If you do not wish to pay the increased price for a subscription, you may cancel the subscription in the manner described in the Google Play help center and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. In some cases where the Provider increases the price of a subscription Google may cancel your subscription unless you agree to re-subscribe at the new price. If your subscription is cancelled and you later decide to re-subscribe, you will initially be charged at the then current subscription rate. 6. Rights and Restrictions License to Use Content. Following payment of the applicable fees for Content, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as Google and the applicable copyright holder have rights to provide you that Content, to download, use or stream, in each case, solely as expressly permitted by Google and subject to the restrictions set out in the Terms and associated policies, copies of the applicable Content to your Devices, and to view, use, and display the Content on your Devices or as otherwise authorized by Google as part of the Service for your personal, non-commercial use only. All rights, title and interest in Google Play and Content not expressly granted to you in the Terms are reserved by Google and its licensors. Violation of License Terms. If you violate any of the terms and conditions of the Terms, your rights under this license will immediately terminate and Google may terminate your access to Google Play, the Content and/or your Google account without refund to you. No Public Performance. You must not display (in part or in whole) the Content as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement or violate any other applicable right). Use of a tool or feature provided as an authorized part of Google Play (for example, “Social Recommendations”, as defined in the Music terms below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Google. Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign any Content or your rights to Content to any third party without authorization, including with regard to any downloads of Content that you may obtain through Google Play. Use of any tool or feature provided as an authorized part of Google Play (for example, “Social Recommendations”) shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Google. Capturing of Streams. You may not use Google Play or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format. Sharing. You may not use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by Google (for example, through “Social Recommendations”). Security Features. You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to any Content or Google Play. If you violate any security feature, you may incur civil or criminal liability. Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Content, and you may not attempt to modify any Content obtained through Google Play, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content. Use of Android Apps. You must use apps from Google Play in accordance with the Google Play Business and Program Policies which are in place from time to time, the current version of which can be found at https://play.google.com/about/android-developer-policies.html Defective Content. Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. In the case of Android apps, you should contact the developer concerning any defects or performance issues in the apps, as described in the Google Play help center. In the case of Content other than apps, subject to any limitations in the additional terms for the specific Content below, you may cancel purchases you have made from Google Play to Google if Google Play does not perform as stated with respect to that purchased Content, and Google will provide either a replacement Content (if available) or a refund of the purchase price. If Google provides you a refund, the refund of your purchase price shall be your sole remedy. If Google issues a refund or credit, it is under no obligation to issue the same or similar refund in the future. In the case of subscription purchases, Google may grant a refund for the entire term or a partial refund for issues not received in the remaining term of subscription. Removal or Unavailability of Content. Subject to the Terms, Content that you purchase will be available to you through Google Play for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Google has the right to make such content available to you. In certain cases (for example, if Google loses the relevant rights, discontinues a service or Content is discontinued, breaches applicable terms or the law), Google may remove from your Device or cease providing you with access to certain Content that you have purchased. Google will provide you with reasonable prior notice of any such removal or cessation. If you are not able to download a copy of the Content before such removal or cessation, then Google will offer you either (a) a replacement of the Content if possible or (b) a refund of the price of the Content. If Google issues you a refund, the refund of your purchase price shall be your sole remedy. Effect of Refunds. If a refund of the purchase price of Content for any reason is issued to you, you will no longer have the right to access the relevant Content. Select, Copy and Paste. Select, copy and paste functions may be available for some text-based Content, and you must use these features within the prescribed limits and only for personal non-commercial purposes. Multiple Accounts. If you have multiple Google accounts with different user names, in some cases you may transfer Content out of an account and into another account, provided you are the owner of each such account and provided Google has enabled a feature of the relevant service allowing such transfers. Limits on access on Devices. Google may from time to time place limits on the number of Devices and/or software applications you may use to access Content (for more information, please visit the Help link for the relevant Content within Google Play). Google may record and store the unique device identifier numbers of your Devices in order to enforce such limits. Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage. Changes to these Terms. If the Terms change, you will be asked to accept new terms before you next purchase Content. Once you have accepted the new terms, they will apply to your use of all Content (including Content you have purchased in the past) and all subsequent purchases, until we notify you of further changes. If you refuse to accept the updated terms then you will not be able to buy any further Content through Google Play, and the latest version of the Terms that you accepted will continue to apply to your use of Content. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Content you have previously bought from Google Play to your Device, and you may continue to view that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted. After that time has expired, you will not be given a further opportunity to download the Content you have previously bought and it is possible that you will no longer be able to use Google Play to access or use the Content you have already bought or related support services. If this happens, Google will offer you either a replacement of the Content, or a refund of the price of the Content, which will be your sole remedy. To access or use the Content you have already bought or related support services, you may also need to create a new account. 7. Music on Google Play Introduction. Google Play includes certain music-related products and services, which are described in greater detail below and defined as “Music Products”, “Music Subscription Content” and “Music Locker Services”. Music Products; Music Subscription Content. The Google Play store allows you to browse, preview, stream, purchase, download, recommend and use a variety of digital music and music-related content such as music files, music video files, previews, clips, artist information, user reviews, professional third-party music reviews and other digital content (“Music Products”). Certain Music Products may be accessible to you by purchasing (or receiving a free trial of) a subscription to a music subscription service made available via Google Play (“Music Subscription Content”). Music Products may be owned by Google or its third-party partners and licensors and may contain watermarks or other embedded data. For clarity, all Music Products constitute “Content” as defined in Section 1 above. Stored Content. You can use Google Play to store digital content (such as music files, related metadata and album art) in Music Storage through the Music Software, as each is defined below (“Stored Content”). For the avoidance of doubt, “Music Products” do not include Stored Content. Stored Content may include both files that you upload directly to Music Storage and/or files that Google “scans and matches” to files stored locally on your Device. Music Locker Services. Google Play may provide you with access to (a) server space that you can use to store music and associated data files, including Music Products and Stored Content (“Music Storage”) and/or (b) software applications (including web, desktop and mobile applications) and related services that allow you to upload, manage, access and play music through Music Storage ("Music Software"). Music Storage and Music Software are collectively referred to in these Terms as the “Music Locker Service”. For clarity, you may be given access to Stored Content and Music Subscription Content through the same user interface. Use of Music Locker Services. By storing Music Products and Stored Content in Music Storage, you are storing a unique copy of such content and requesting Google to retain it on your behalf and to make it accessible to you through your Google account. By using the Music Locker Services, you are requesting that Google make all of the necessary functions and features of the Music Locker Services available to you in order to facilitate your use of Music Products and Stored Content. Additionally, by accessing or using Music Products and Stored Content through the Music Software, you are initiating and performing the corresponding functions on Google's servers, together with any related steps necessary to achieve them, through the Music Locker Services. You understand that Google, in performing the required technical steps at your direction to provide you with the Music Locker Services, may (a) transmit Music Products and Stored Content over various networks and in various media and (b) make such changes to Music Products and Stored Content as are necessary to conform and adapt it to the technical requirements of connecting networks, devices, services or media. You confirm and warrant to Google that you have the necessary rights to store in Music Storage any Stored Content that you direct Google to upload or store in Music Storage, and to instruct Google to perform the actions described in this section. Cancelling a Music Purchase; Refunds. You have the right to cancel each purchase of a Music Product from Google (including a music subscription) for a refund within 7 working days of the day after that Music Product becomes available for you to download or stream, provided that, with respect to music subscription free trials: (i) you may cancel your subscription at any time during a free trial period (as set out in section 5 above) and (ii) you will not have the foregoing 7-day cancellation right once the paid portion of your subscription has commenced. Once you download or stream any Music Product that you purchase, you no longer have the right to cancel your purchase of that Music Product (unless the Music Product is defective). If Google grants to you a refund for a music subscription, the refund amount will be pro-rated to reflect remaining term of the subscription. Following Google’s provision of a refund to you, you will no longer have the right to access the applicable Music Product. Other Google Subscription Services. You may receive access to a Google Play music subscription as part of a subscription to another Google product; additionally, you may receive access to other Google subscription products as part of a Google Play music subscription. The details of your access to such other Google subscription products will be presented to you before you complete your music subscription purchase. Your use of Google Play and any Google Play music subscription product is governed solely by these Terms, and not the terms of any other Google product, including any other Google product through which you receive access to a Google Play music subscription. Social Recommendations. When you purchase Music Products, you may be given the opportunity to share all or a portion of the Music Products to your profile on Google+ or other Google-approved social networks or online destinations, as determined by Google in its sole discretion ("Social Recommendation"). Your use of Social Recommendations shall be subject to the Terms and any other terms and conditions applicable to the social networks or online destinations to which you share such Social Recommendations. Google may impose limitations on your Social Recommendations. For example, Google may render the Music Product associated with any Social Recommendation as a limited-length preview rather than a full-length play. Rights to Stored Content. You retain any rights that you already hold in Stored Content. For the avoidance of doubt, Stored Content is not subject to the license grant to Google in the section of the Google Terms of Service titled “Your Content in our Services.” Geographic Restrictions. The Music Locker Services and Music Products are currently available only in some countries. You agree that you will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Music Locker Services or Music Products. Compliance With Settings. You must observe and comply with any settings or parameters set by Google or a copyright holder in connection with Music Products. For example, Google or the copyright holders may correct errors in Music Products, add additional features or change the security features or regional availability of the Music Products. Where these changes are made, the Music Products may automatically update. Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their musical or other content to Google as Music Products or for other use in connection with the Google Play store (including Providers in the case of Agency Sales) are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms. Third-Party Software and Data. Information regarding third-party software (including open source) and data in the Music Locker Services can be obtained at the following location: https://music.google.com/about/thirdparty.html. Licensing Partners. If you are interested in learning more about some of the partners we work with to bring you music on Google Play, please visit this page. 8. Books on Google Play Privacy Policy for Books. The Google Play Privacy Policy for Books describes how we treat personal and certain other information generated by your use of Content that is books (“Books Content”). Device Requirements. For information on the system requirements including what Devices are compatible with the Service and the purchase of and access to Books Content, please look at https://support.google.com/mobile/?p=books_devices. Updates to Books Content. Google or the copyright holders of Books Content may update such Books Content and change digital rights settings for such Books Content from time to time. For example Google or the copyright holders may correct errors in the Books Content or may add additional features, or may change the security features for the Books Content. Where these changes are made the Books Content that you see will automatically update, except where you have downloaded a copy of the Books Content to a Device. Cancellation. In addition to your rights to cancel if you have defective Content, as set out in section 6, you have the right to cancel the contract for each purchase or rental of a Book Content from Google for a refund within a period of 7 working days beginning with the day after that Book Content becomes available for you to read, except for rentals of Books Content for a 24-hour period, to which the cancellation right does not apply. Following Google’s provision of a refund to you, the transaction will be reversed, and you will no longer have the right to access the applicable Book Content. Additional Restrictions. The sale of Books does not provide any promotional use rights in any Book. 9. Movies and TV Shows on Google Play Introduction. Google Play includes certain video services, which are defined as the “Video Services”. In the Terms, Content made available for purchase through the Video Services are “Video Content”. Cancellation. You can cancel your purchase of unwatched Video Content and get a refund of the purchase price within 7 working days of your purchase. Requests for refunds for any other reason must be directed through the form in the Google Play Help Center. Google reserves the right to approve or deny refund requests after 7 working days at its sole discretion. Purchase Options. When you order Video Content through the Service, you may either (i) rent the Video Content for viewing an unlimited number of times during the period of time specified on the transaction page displayed at the time of your payment ("Viewing Period") and noted in your confirmation email (“Rental Video Content”) or (ii) where available, purchase the Video Content for storage in a digital locker and for viewing and unlimited number of times as long as the Video Content is available in the digital locker (“Locker Video Content”). Viewing Periods - Rentals. Pausing, stopping, or rewinding a Rental Video Content will not extend your applicable Viewing Period for that Rental Video Content. Each item of Rental Video Content may have a different Viewing Period and the Viewing Period will be shown to you before you order it. Viewing Periods - Purchases. Each Locker Video Content will be available for unlimited viewing for as long as Google is able to maintain the rights to continue providing you that Locker Video Content (“Locker Period”). Pausing, stopping, or rewinding an item of Locker Video Content will not extend the Locker Period. Each item of Locker Pay Content may have a different Locker Period. Viewing requirements. You agree to watch each Video Content only within territories within which Google makes the relevant Video Content available for viewing. You may view Video Content when (1) online, with an internet connection and logged onto your Google account or (2) offline and viewing from a previously authorized device. You must be online to authorize a device for viewing Video Content. Device Limits - Rentals. For each purchased Rental Video Content, you may watch such Rental Video Content on only one Device at a time (either online or on an authorized offline Device). Viewing Limits - Purchases. For Locker Video Content, (1) you may view only one stream of each Locker Video Content at a time, (2) you may view up to 3 streams of Locker Video Content from your locker at a time, (3) you may authorize up to 5 Devices for offline playback of Locker Video Content at a time and to authorize additional devices, you must de-authorize one of those 5 Devices, (4) you may only authorize the same Device three times in any 12 month period and de-authorize the same Device twice in any 12 month period, (5) you may only de-authorize a total of 2 Devices for offline playback every 90 days, and (6) you may authorize no more than 3 Google accounts on the same Device. 10. Periodicals on Google Play Newsstand This section applies to sales of periodicals (magazines and news content) on Google Play Newsstand, and not to periodical content provided within other Android apps. Reductions for Print Subscribers. Some Providers of periodicals may allow you to purchase a subscription of periodical Content on Google Play at a reduced rate if you are already a print subscriber. If you cancel your print subscription of that periodical or your print subscription expires and you do not renew it, your reduced rate subscription of that Content on Google Play will be cancelled automatically. Refunds. Where you are granted a refund, Google may issue a refund for the entire term or grant a partial refund for Content not received in the remaining term of a subscription. Following Google’s provision of a refund to you, you will no longer have the right to access the applicable issues of the relevant periodical Content delivered during the refunded period, or if a partial refund is given, any Content of the relevant periodical not yet received. If periodical Content is no longer available on Google Play (for example, if a title goes out of business or is sold to another publisher that does not provide periodicals on Google Play), Google will give you a refund (which may be a full refund for the current period of the subscription or a partial refund for Content not yet received in the current period). Information Google Shares with Periodical Publishers. If you purchase a periodical subscription of any length on Google Play, Google may share your name, email address, mailing address and a unique identifier with the periodical’s publisher. As a subscriber to the periodical, Google may also share your reading history within the periodical with the publisher of that periodical. Google has agreed with the periodical publisher that the periodical publisher will use this information in accordance with the publisher’s privacy policy. You will be provided the opportunity to opt out of any communications from the publisher that do not relate to the subscription you are purchasing, and to opt out of marketing communications from third parties, at the time you purchase your subscription. If you purchase a single issue of a magazine on Google Play, Google may provide your postal code to the magazine’s publisher. We also provide periodical publishers with sales information on periodical purchases. Verifying Print Subscriptions. If you are accessing a subscription on Google Play Newsstand through an existing print subscription from that periodical’s publisher, we may ask a third party service provider to verify your print subscription with the periodical publisher, and we may ask you for certain information relating to your print subscription in order to do so. Google will use this information in accordance with the Google Privacy Policy. Cancellation. In addition to your rights to cancel if you have defective Content, as set out in section 6, please see section 5 for your right of cancellation in relation to periodical subscriptions. Terms and Conditions Samsung Service Terms and Conditions The terms and conditions (Terms and Conditions) in this document (Agreement) describe and stipulate the provisions which govern and regulate the legal relationship between Samsung Electronics Co., Ltd. (Samsung) and/or Samsung's Subsidiaries as provider of the Services and you as user of the Services (You, Your or User). You should read these Terms and Conditions carefully and should not accept these Terms and Conditions or register for, access or use the Services including without limitation, the KNOX Apps application and services powered by Samsung Apps (collectively as Use of the Services) unless You agree to the Terms and Conditions. Samsung does not store an individual copy of this Agreement entered into with You and we recommend that You save a local copy of this Agreement for Your own record. You may not Use the Services if You are a: (a) person who is not of legal age to form a binding contract with Samsung; or (b) person who is barred from receiving the Services under the laws of any country including the country in which You are a resident or from which You are using the Services. In this Agreement: Services or Service means all services described in more detail in Samsung's http://account.samsung.com, as updated from time to time, and excluding any service rendered or provided to You under a separate agreement; and Samsung's Subsidiaries means all legal entities, companies, corporations, firms, partnerships or other entities that are controlled by Samsung or are under common control with Samsung. The term controlled means the ability to direct the management of the relevant entity. How You may accept the Terms and Conditions, How Samsung may change the Terms and Conditions, and How You or Samsung may terminate the Terms and Conditions 1 Acceptance of the Terms and Conditions 1.1 Before You are permitted to Use the Services You are required to accept the Terms and Conditions and any Special Terms, as the case may be. Typically, Terms and Conditions and any Special Terms are accepted by clicking or tabbing the 'accept' button if such button or function is available or present via the user interface for the respective Service. 1.2 You also accept the Terms and Conditions or any Special Terms when You actually start to Use the Services. In this case You understand that You are bound by and Samsung will treat You as bound by the Terms and Conditions from the moment You start using the Services. 2 Changes to the Terms and Conditions 2.1 Samsung is permitted to amend or alter the Terms and Conditions, and any other supplementary terms applying to the Services, from time to time. 2.2 Where practicable in the circumstances, Samsung will notify You a reasonable period of time prior to making material changes to the Terms and Conditions or any other supplementary terms and will provide You with a copy of the revised Terms and Conditions or other supplementary terms either by the use of Your email address provided to Samsung as part of the Registration Data or by other reasonable means. 2.3 After a material amendment to the Terms and Conditions or other supplementary terms, where practicable in the circumstances, You may be prompted to accept the revised Terms and Conditions or other supplementary terms (as applicable), typically by clicking or tabbing the 'accept' button if such button or function is available or present via the user interface for the respective Service. Where this occurs, You may not continue to Use the Services unless You accept the revised Terms and Conditions or other supplementary terms and You understand that due to the SingleSignOn process (see clause 12.2 below) You may not be able to continue to Use any of the Services unless you accept the revised Terms and Conditions or other supplementary terms (as applicable). 2.4 You also accept the revised Terms and Conditions or other supplementary terms when You continue to Use the Services after any applicable notification period has passed. In those circumstances, You are bound by and Samsung will treat You as bound by the revised Terms and Conditions or other supplementary terms from the date on which the revised Terms and Conditions other supplementary terms are effective. You are free to end this Agreement at any time should You choose not to accept the revised Terms and Conditions or other supplementary terms. 3 Termination of the Terms and Conditions; Consequences of termination 3.1 This Agreement remains in effect unless and until terminated either by You or Samsung, as the case may be. 3.2 You can terminate this Agreement at any time by visiting https://account.samsung.com/account/legalSignOff.do or alternatively by closing Your User account for the Services which Samsung made, as an option, available to You. 3.3 Samsung may terminate this Agreement at any time by providing 30 days prior written notice of cancellation to the email address provided to Samsung as part of Your Registration Data or by any other suitable means which ensures that You will be able to take notice of the cancellation. 3.4 Samsung is also entitled to terminate this Agreement at any time and without observing any notice period if: (a) You are in breach of the Terms and Conditions; and (b) You have clearly demonstrated (regardless of whether directly or through Your actions or statements or otherwise) that You do not intend to comply with the Terms and Conditions. 3.5 Samsung is also entitled to terminate this Agreement upon reasonable notice if practicable, if: (a) Samsung, (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung decide to terminate the provision of the Services or any parts thereof (either worldwide or in the country where You are a resident or from where You are Using the Services) or if any supplier or partner of Samsung decides to terminate the entire relationship with Samsung and regardless of the reason of such termination, including where Samsung or any supplier or partner of Samsung are of the opinion that the provision of the Services or parts thereof to You or to Samsung or together with Samsung are no longer commercially feasible; and (b) Samsung (including Samsung's Subsidiaries) or any supplier or partner of Samsung providing the Services to or together with Samsung are required by applicable law to terminate the provision of the Services or parts thereof (for example if due to changes in applicable law or due to court rulings or judgments the Services or parts thereof become or are considered unlawful). 3.6 You are not entitled to a refund if Samsung terminates this agreement under clause 3.4(a) or 3.4(b). Termination by Samsung in other circumstances may entitle You to receive a refund or partial refund. Any requests for a refund will be assessed on a case-by-case basis. 3.7 The termination of this Agreement shall have no prejudice to any rights, obligations and liabilities that You or Samsung have accrued or incurred during the term of this Agreement. 3.8 You are not permitted to Use the Services if You do not accept the revised Terms and Conditions or after this Agreement comes to an end, for example, due to termination by either You or Samsung. 3.9 Samsung will, however, allow You to backup Your User Content stored with Samsung through the Use of the Services should You choose not to accept the revised Terms and Conditions or if You terminate this Agreement pursuant to clause 3.2. You understand that Samsung may delete Your User Content after a reasonable backup period has lapsed (Backup Grace Period). Different Backup Grace Periods may apply depending on the specific Service and the efforts required to backup the particular User Content. How You may Use the Services and How Samsung may use Your content or how You may use Samsung's content 4 Provision of the Services and limitations of usage 4.1 The Services are provided to You by Samsung and Samsung's Subsidiaries. 4.2 Unless otherwise specified in this Agreement You are permitted to Use the Services for personal and non-commercial use and purposes only and You will not reproduce, duplicate, copy, sell, trade or resell any of the Services or parts thereof. 4.3 When You Use the Services You will at all times observe these Terms and Conditions and any applicable law or regulation in the relevant jurisdictions including the jurisdiction where You are a resident or from where You are using the Services. 4.4 Samsung may at any time and in its sole discretion without prior warning or notice: (a) change the Services or suspend and/or cease providing the Services or any part of the Services; (b) disable or suspend Your Use of the Services including access to Your User account(s) and any files or other content contained in Your account(s) either temporarily or permanently; (c) set a limit on the number of transmissions You may send or receive through the Services or on the amount of storage space used for the provision of the Services or any part of the Services to You; and (d) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all Content from the Services. 4.5 Samsung will use commercially reasonable efforts to: (a) ensure that the Services are available to You without undue disruption, interruption or delay; and (b) keep any disruption, interruption or delay of the Services to a minimum. 4.6 You are not permitted to Use any of the Services (including any attempts to do so) other than through the interface made available to You by Samsung and You will not Use the Services (including any attempts to do so) through any automated tools (including software and/or hardware), functions, services or otherwise (including scripts or web crawlers). 4.7 You will comply with and follow all instructions made available to You by Samsung in connection with the Services and You will not engage in any activity that may cause interference with or disruption to the Services or any servers, networks or other equipment connected to the Services. 4.8 Some of the Services can be used or are particularly useful when used over mobile networks. You should be aware that Your network provider may charge You for access to its network, the duration of Your mobile phone's/ mobile device's connection to the network and the data volume used to Use the Services. You are entirely responsible to check with Your network provider whether any such costs may apply before Using the Services in this respect. 4.9. You are not allowed to use any of the Services or any information or functionality provided thereby to violate third party rights or intellectual property rights. You further agree not to use any of the Services or any information or functionality provided thereby to modify, rent, lease, loan, sell, distribute, create derivative works based on or otherwise exploit third party software, content, or other copyrighted material in any unauthorized way whatsoever. 5 Advertisements 5.1 You agree that Samsung, as part of the Services, places or displays to You advertisements, promotion materials or other content and materials or products for promotional purposes. 5.2 In any event, Samsung will only send You marketing emails or newsletters and will only try to contact You directly by phone for marketing purposes where you have explicitly opted to receive such information and communication, for example, when You registered for the Services. 6 Software and software updates and updates to the Services Samsung may automatically download and install updates from time to time (including firmware updates for the devices you registered with the Services) (Software Updates). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Services or any product or device used to access the Services. Such updates may include bug fixes, enhancements to the Services or parts thereof, products or devices and updates and enhancements to any software previously installed (including entirely new versions). Content provided in the Services and content rights 7.1 All content that is made available in the Services or accessible as part of or by the Use of the Services (including audio and sound files, data files, images, music, photographs, software, videos and written text) (Content) is entirely the responsibility of the originator of such Content. The Content may include advertisements, promotional material and documents or other sponsored Content. 7.2 The Content may be protected by proprietary or intellectual property rights of third parties (such as partners, advertisers and sponsors or their agents who provide such Content to Samsung). You are not permitted to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content (either in whole or in part) or to grant licenses in the Content. 7.3 You understand that by using the Services You are exposed to the risk that You may find some Content offensive, indecent or objectionable and that any Use of the Services as regards such exposure is entirely at Your own risk. 8 User Content and User Content License 8.1 By uploading, transmitting, creating, posting, displaying or otherwise providing any information, materials, documents, media files or other content on or through the Services (User Content) You permit Samsung, Samsung's Subsidiaries and other users of the Services to use the User Content to the extent that this is required for the provision of the Services, and in this respect grant Samsung, Samsung's Subsidiaries and other users of the Services an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, digitize, publish, publicly perform and publicly display the User Content (User Content License), such User Content License in any event to be limited, however, to the purposes of the Services. 8.2 The User Content License shall include a right for Samsung and Samsung's Subsidiaries to: (a) perform all technical steps necessary to process and prepare the User Content for use in the Services, including any modification and/or adaption required to provide the Services to users and/or to transmit or distribute the User Content over public networks and in media; and (b) make available and sublicense the User Content to third parties for the use of the User Content in connection with the provision of the respective services by these third parties. 8.3 Samsung does not claim ownership of the User Content and You will retain any copyright and any other rights to any User Content provided by You on or through the Services. 8.4 Any protection and enforcement of any intellectual property rights which exist or pertain to the User Content are entirely Your responsibility and Samsung is not obliged to protect and enforce the User Content on Your behalf. 8.5 You are entirely responsible to backup Your User Content stored with Samsung or through the Services to another location outside the Services (e.g. by means of creating local copies or backups with specialized online backup services) to avoid loss of Your User Content and other data. 9 Samsung Services License 9.1 Samsung, Samsung's Subsidiaries and/or any supplier or licensor of Samsung are the owners and shall be entitled to all proprietary rights which may exist in the Services, including all legal right, title and interest in and to the Services, and all intellectual property rights worldwide, regardless of whether registered/legally secured or not. 9.2 Samsung grants You a worldwide, non-transferrable, non-assignable, non-exclusive, personal and royalty free license to Use the Services (including any software, products or materials provided to You as part of the Services) and in the form provided to You by Samsung (Samsung License). The Samsung License entitles You to enjoy the benefits of the Services in accordance with these Terms and Conditions. 9.3 Except for the rights granted to You in this Agreement, Samsung retains all rights in or pertaining to the Services. 9.4 You are not permitted to: (a) grant any other user or third party a license to Use the Services or otherwise to access Your account or the Services; (b) use the Services to provide services to other users or any other third parties; or (c) otherwise assign, grant a sublicense in, or grant a security interest in or over the Samsung License or any rights under it, loan or lease the Services and/or the Samsung License, or otherwise transfer the Samsung License or any rights under it to any third party. 9.5 You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of Samsung Services (or any part of it), unless expressly permitted by Samsung in writing, or to the extent permitted under the laws applicable to You, and You will not permit or grant a license to any third party to do so. 10 Trademarks 10.1 You are not entitled to use any of Samsung's (including Samsung's Subsidiaries) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features (Samsung's Brands) without Samsung's prior written consent. To the extent that You are entitled to use Samsung's Brands under a separate written agreement with Samsung, such use is only permitted in accordance with such separate agreement. 10.2 You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party (including copyright and trade mark notices) which pertain to, are affixed to or which are contained within the Services and You agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of Samsung, Samsung's Subsidiaries or any third party in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized User, as the case may be, of such marks, names or logos. What You should know about your Registration Data, Account Data and privacy 11 Registration data and Users account 11.1 When You Use the Services You may be required to provide information about Yourself before You can continue to Use the Services (Registration Data). 11.2 You agree to provide accurate, current and complete Registration Data and to update Your Registration Data as required in order to keep it accurate, current and complete. 12 Passwords and account security 12.1 In order to Use the Services You are required to open a User account and to provide a User ID and password (Account Data). 12.2 Samsung implemented an integrated registration solution through a single sign on process (SingleSignOn). SingleSignOn means that once You open a User account with Samsung You automatically register for all Services which, amongst others, eliminates the need to maintain separate User accounts and User ID's for each individual Service. 12.3 You will keep your Account Data safe and secure at all times and prevent unauthorised access to your Account Data and your account by third parties, in particular by avoiding obvious User IDs or passwords, by changing your password regularly and by ensuring that you do not disclose your password(s) or grant any other user or third party access to your Account Data or your account. 12.4 Samsung may follow any instructions given by You and may regard any instructions: (a) received from or issued by a user or third party using or providing your Account Data; or (b) which are attributable to You or Your Account Data as Your instructions. 12.5 You agree not to use any Account Data or account of any other user or person than Yourself without permission of the User or person holding the respective account. 12.6 You will notify Samsung immediately by email to http://help.content.samsung.com upon becoming aware of any unauthorized use of any of Your Registration Data or Account Data or any other breach of security. 12.7 You can access and change Your Registration Data or Account Data at any time by either accessing the respective Samsung account application on your device or by visiting http://account.samsung.com/membership 13 Privacy and protection of personal data 13.1 Samsung's Privacy Policy (http://account.samsung.com/membership/pp) provides information about how Samsung collects, uses, discloses, protects and handles Your personal data and information when You Use the Services. 13.2 Samsung will collect, store and use Your personal data in order to provide You with the Services, and to the extent applicable, administer and maintain Your account, bill fees to You, provide You with information about Samsung's products and Services, for the purposes set out in Samsung's Privacy Policy, these Terms and Conditions and for other related purposes. 13.3 Samsung may disclose Your personal data to its third party suppliers, content providers, Samsung's Subsidiaries and other parties to the extent necessary in order to provide the Services, administer Your account and for any other purposes set out in the Privacy Policy or these Terms and Conditions. Such disclosure may include disclosure to third party content providers, suppliers, payment companies, service providers and Samsung's Subsidiaries located outside Australia including in the United States, South Korea and Singapore. As the location of the overseas recipients to which such personal data will be disclosed will depend on the nature of the Services You receive, You should refer to any separate terms and conditions or privacy notices applying to any Services You receive for more detailed information. If You do not provide personal data about You when requested, Samsung may not be able to provide You with some or all of the Services or permit You to open or hold an account. 13.4 You acknowledge that the terms of Samsung's Privacy Policy will apply to Your use of the Services and You agree to comply with its terms. You consent to Samsung's collection, use and disclosure of your personal data as described in the our Privacy Policy and the Terms and Conditions for the purpose of the provision of the Services, the administration and maintenance of Your account, any other purposes referred to in the Privacy Policy, the Terms and Conditions and any other related purposes. You acknowledge that such disclosure includes disclosure to the overseas recipients referred to above and that by giving consent to the disclosure of Your personal data to the overseas recipients, Samsung will not have an obligation under Australian privacy law to take reasonable steps to ensure that those overseas recipients do not breach Australian privacy law in relation to that information. However, where practicable in the circumstances, Samsung will take reasonable steps to ensure that overseas recipients only use and disclose such information in a manner consistent with the Privacy Policy. 13.5 You acknowledge that the Samsung Privacy Policy contains information about how You can access and seek correction of your personal information and how You may make a complaint about our collection, use or disclosure of Your personal information and how Samsung will deal with such a complaint. How You and Samsung are liable under these Terms and Conditions 14 YOUR WARRANTIES AND REPRESENTATIONS 14.1 YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY SAMSUNG AND SAMSUNG'S SUBSIDIARIES). IN PARTICULAR, YOU WARRANT AND REPRESENT TO SAMSUNG THAT: (a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT SAMSUNG THE USER CONTENT LICENSE; (b) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS; (c) THE USER CONTENT WILL NOT CONTAIN ANY MATERIAL WHICH IS HARMFUL, INACCURATE, PORNOGRAPHIC, ABUSIVE, OBSCENE, THREATENING, DEFAMATORY, OR WHICH IS OTHERWISE ILLEGAL OR WHICH DOES NOT COMPLY WITH APPLICABLE LAW OR SAMSUNG'S CONTENT GUIDELINES; (d) THE USER CONTENT WILL NOT CONTAIN ANY VIRUSES OR OTHER HARMFUL SOFTWARE, CODE OR SIMILAR MEANS AND DEVICES WHICH COULD DAMAGE, HARM, DISABLE OR OTHERWISE IMPACT OR LIMIT THE FUNCTION AND PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE ACCESSING SUCH USER CONTENT. REGARDLESS OF WHETHER THIS DEVICE BELONGS TO SAMSUNG OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVER, NETWORKS NODES OR ANY SIMILAR EQUIPMENT; (e) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER THE LAWS OF ANY COUNTRY, INCLUDING THE COUNTRY IN WHICH YOU ARE A RESIDENT OR FROM WHICH YOU ARE USING THE SERVICES; AND (f) THE USE OF THE USER CONTENT BY SAMSUNG OR SAMSUNG'S SUBSIDIARIES WILL NOT IMPOSE ANY OBLIGATION UPON SAMSUNG OR SAMSUNG'S SUBSIDIARIES TO PAY ANY KIND OF MONETARY CONTRIBUTION (INCLUDING LICENSE FEES, DUES OR OTHERWISE) TO ANY THIRD PARTY (IN PARTICULAR COLLECTING SOCIETIES). 14.2 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SAMSUNG AND THE SAMSUNG SUBSIDIARIES FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE INCURRED BY SAMSUNG AND THE SAMSUNG SUBSIDIARIES AS A RESULT OF ANY BREACH OF THESE WARRANTIES. 15 SAMSUNG'S WARRANTIES AND REPRESENTATIONS 15.1 SUBJECT TO CLAUSES 17.3 AND 17.4 AND UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE SERVICES ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION (SUBJECT TO CLAUSES 17.3 AND 17.4), SAMSUNG, THE SAMSUNG SUBSIDIARIES, AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT: (a) THE SERVICES ARE FIT FOR ANY PURPOSE OR MEET YOUR REQUIREMENTS OR ARE PROVIDED TO YOU WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THEY ARE IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE; (b) THE SERVICES ARE AVAILABLE TO YOU AT ANY TIME AND PROVIDED TO YOU WITHOUT DISRUPTION, INTERRUPTION OR DELAY; (c) THE SERVICES DO NOT INFRINGE ANY COPYRIGHT OR VIOLATE ANY LAWS WHETHER IN THE COUNTRY WHERE YOU ARE A RESIDENT OR ELSEWHERE IN THE WORLD; (d) NY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG OR AS A RESULT OF YOUR USE OF THE SERVICES (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND (e) THAT ANY DEFICIENCIES IN THE SERVICES, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE SERVICES OR ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED UNLESS SAMSUNG IS REQUIRED TO DO SO BY LAW. 15.2 ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE PROVIDED BY SAMSUNG 'AS IS' AND AT YOUR OWN RISK. SUBJECT TO CLAUSES 17.3 AND 17.4, SAMSUNG IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR MOBILE PHONE'S, SOFTWARE, COMPUTER SYSTEM OR OTHER DEVICE OR DEVICE'S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL. 16 YOUR LIABILITY 16.1 YOU ARE ENTIRELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER: (a) THESE TERMS AND CONDITIONS; AND (b) ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION WHERE YOU ARE A RESIDENT OR FROM WHERE YOU ARE USING THE SERVICES, AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH SAMSUNG OR ANY THIRD PARTY MAY INCUR OR SUFFER. SAMSUNG WILL HAVE NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH. 17 SAMSUNG'S LIABILITY 17.1 SUBJECT TO CLAUSES ‎17.3 AND 17.4, SAMSUNG AND THE SAMSUNG SUBSIDIARIES ARE NOT LIABLE TO YOU, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGE OR LOSSES HAS BEEN NOTIFIED TO SAMSUNG, FOR: (a) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (b) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); (c) ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT); (d) ANY LOSS OR DAMAGE AS A RESULT OF: (i) ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN SAMSUNG AND YOU WHICH IS ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF SAMSUNG, THE SAMSUNG SUBSIDIARIES AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS; (ii) ANY RELIANCE PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY: (A) SERVICES (INCLUDING ANY SOFTWARE, INFORMATION, DOCUMENTS, MATERIALS MADE AVAILABLE TO YOU AS PART OR IN COURSE OF THE USAGE OF THE SERVICES); OR (B) ADVERTISING OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE ON OR BY YOUR USE OF THE SERVICES; (iii) ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF YOUR USE OF THE SERVICES, ACCESS TO YOUR ACCOUNT AND ACCOUNT DATA OR YOUR REGISTRATION DATA) TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY PART OF THEM); OR (iv) THE USE OF YOUR ACCOUNT DATA BY ANY OTHER PERSON THAN YOURSELF (REGARDLESS OF WHETHER WITH OR WITHOUT YOUR KNOWLEDGE). YOU ARE FULLY RESPONSIBLE AND LIABLE TO COMPENSATE SAMSUNG FOR ANY DAMAGE AND/OR LOSS INCURRED DUE TO THE USE OF YOUR ACCOUNT DATA BY SOMEONE ELSE. 17.2 IN THE EVENT THAT SAMSUNG OR THE SAMSUNG SUBSIDIARIES ARE LIABLE FOR A BREACH OF THESE TERMS AND CONDITIONS, SAMSUNG'S LIABILITY SHALL BE LIMITED TO DAMAGES WHICH SAMSUNG MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS AGREEMENT DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME. 17.3 NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT SAMSUNG'S: (a) LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND (b) WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW. IF THE LAWS IN THE USER'S JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, GUARANTEES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, BREACH OF STATUTORY GUARANTEES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE USER AND SAMSUNG'S LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 17.4 IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION. 18 Force Majeure 18.1 Samsung is not liable or responsible for any failure to perform, or delay in performance of any of Samsung's obligations under this Agreement that is caused by events outside Samsung's reasonable control (Force Majeure Event), in particular (without limitation): (a) unavailability of public or private telecommunication networks; (b) acts, decrees, legislation, regulations or restrictions of any government; or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster. 18.2 Samsung's performance under this Agreement is deemed to be suspended for the period that Force Majeure Event continues, and Samsung will have an extension of time for performance for the duration of that period. 18.3 Samsung will use its reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which Samsung's obligations under this Agreement may be performed despite the Force Majeure Event. 19 Links to third party sites and other content 19.1 The Services may contain hyper links to content resources and services of third parties, including other websites (External Resources). Samsung is not responsible for and has no control over the content (including advertisements, products and other materials) provided, made available and/or displayed to You under these External Resources and is not liable for any damage or loss incurred by You due to or as a result of the content (including any reliance by You on the availability, accuracy, applicability or completeness of the content) which is made available to You, provided to You or displayed to You under these External Resources. 19.2 You may from time to time and as a result of or through the Use of the Services purchase or avail Yourself of services, goods or software which is provided to You by a third party. Your use of such other services, goods or software may be subject to separate terms and conditions between You and the respective third party. This Agreement does not affect Your legal relationship with that third party and Samsung is not liable or responsible for any services, goods or software provided to You by any third party. What else You should know and understand 20 Special terms and conditions 20.1 When You register for a Service You may be presented with special terms and conditions which, among others, describe specific features and characteristics of the Service and may stipulate additional legal provisions (collectively referred to as Special Terms). 20.2 Any Special Terms apply in addition and in conjunction with these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any of the Special Terms, the Special Terms shall take precedence over these Terms and Conditions. 21 Language of this Agreement 21.1 Samsung may provide You with a translation of the English version of this Agreement. This translation is provided for Your convenience only. In the event of any conflict between the English language version and the translation version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translation version. 22 Procedure for making claims and notices regarding infringement of intellectual property rights and other rights 22.1 Samsung may respond to notices of alleged copyright infringement or violation of other laws in accordance with applicable law and may terminate, suspend or block access (either temporary or permanently) to accounts of users who repeatedly infringe copyright laws or violate other applicable law. 22.2 Any notices regarding any copyright infringement or violation of other laws by the Services, any content provided with or displayed in the Services or any User Content should be sent to http://help.content.samsung.com 23 Confidentiality 23.1 The Services may contain information which is confidential to Samsung including, without limitation, all information designated as confidential or recognisable as trade or business secrets or for other reasons recognisable or made available to You as confidential. 23.2 Unless stated otherwise in these Terms and Conditions You will: (a) keep such information confidential for an unlimited period of time and not disclose such information without Samsung's prior written consent; and (b) neither record or otherwise utilise such information unless required for the purposes of this Agreement. 23.3 Clause ‎23.1 shall not apply in the event that You are required to disclose information which is confidential to Samsung according to applicable law. In this case and to the extent permissible by applicable law, You will notify Samsung immediately of any disclosure of any information which is confidential to Samsung. 24 General provisions 24.1 Samsung will rely only on the written Terms and Conditions. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral or in advertising are not binding towards Samsung unless expressly confirmed in writing by Samsung to You. 24.2 Samsung may provide You with notices (including notices relating to changes to the Agreement or termination of the Services or parts thereof) by email, ordinary mail, or postings on or via the Services. 24.3 If Samsung does not exercise or enforce any legal right or remedy which is set out in this Agreement or which Samsung has the benefit of under any applicable law, this will not be construed as a formal waiver of Samsung's rights or remedies and such rights or remedies will remain available to Samsung. 24.4 If any provision of this Agreement is held to be invalid, illegal or unenforceable (in whole or in part) as determined by a court of law having jurisdiction to decide on this matter, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 24.5 Each of the Samsung's Subsidiaries shall be a third party beneficiary to the Agreement and shall be entitled to directly enforce and rely upon any provision of this Agreement which confers a benefit on (or rights in favour of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement. 24.6 You are not permitted to transfer, assign or otherwise dispose of this Agreement which is personal to You, or any of Your rights or obligations arising under this Agreement without the prior written consent of Samsung. 24.7 This Agreement and Your relationship with Samsung under this Agreement shall be governed and construed in accordance with the laws of the jurisdiction where You are a resident, without regard to its conflict of law provisions and subject to the non-exclusive jurisdiction of the courts of such jurisdiction, to resolve any legal matter arising in relation to the Agreement. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Samsung Privacy Policy • Scope This Privacy Policy applies to any Samsung device, website or online application that refers to or links to the Privacy Policy and any other personal information that you provide to us or we otherwise collect (collectively, our “Services”). The Privacy Policy applies regardless of whether you use a computer, mobile phone or device, tablet, TV, wearables or other devices or other related technologies and services (collectively and individually, our "Devices") to access our Services. This Privacy Policy consists of the main body of the Privacy Policy, which relates to all Devices, as well as a Mobile Device Supplement. To the extent that you are using any Samsung mobile devices, wearables and other related technologies and services (collectively, our "Mobile Devices"), then in addition to the terms of the body of this Privacy Policy, the Mobile Device Supplement will apply. Effective: 21 April 2017 Samsung Electronics Australia Pty Limited (ACN 002 915 648) (“Samsung,” “we,” “us,” “our”) knows how important privacy is to our customers, and we strive to be clear about how we collect, process, use, disclose and store your personal information. This Privacy Policy provides an overview of our information practices. The Privacy Policy applies to Samsung Devices, websites or online applications that refer to or link to the Privacy Policy and to any other personal information you provide to us or we otherwise collect. The Privacy Act 1988 (Cth) (the “Privacy Act”) applies to Samsung's collection, use and disclosure of your personal information as well as other applicable laws protecting privacy. Where appropriate, Samsung will handle personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act. While this Privacy Policy applies to all our Services, additional consents may be obtained for specific services or certain uses or disclosures of your personal information. If you receive a product or service from one of our affiliates or your information is otherwise collected by one of our affiliates, that affiliate may have a separate privacy policy. You should refer to that privacy policy for further details about how the affiliate may collect, process, use, disclose and store your information. This Privacy Policy (including the Mobile Device Supplement) should be read in conjunction with, and is subject to: (i) any other privacy or collection statement that Samsung may provide to you when it collects your personal information or provides a particular Service; and (ii) any terms and conditions of use which govern your access to and use of each of our Services. Please note that the Privacy Policy applies regardless of whether you use a computer, mobile phone or mobile device, tablet, TV, wearables or other device to access our Services or provide information to us. It is important that you read the Privacy Policy carefully because anytime you use our Services, you consent to the practices we describe in the Privacy Policy. If you do not agree to the practices described in the Privacy Policy, you should not use our Services. It also is important that you regularly check for updates to the Privacy Policy. If we update the Privacy Policy and you use our Services after the update, the new practice(s) identified in the update will apply to your use of the Services, although in certain cases we also may let you know about changes we consider to be material by placing a notice on relevant Services. The most current version of the Privacy Policy will always be available here http://www.samsung.com/au/info/privacy.html. You can check the “effective date” posted at the top to see when the Privacy Policy was last updated. • What personal information do we collect? We collect the following types of personal information: • identification information, including your age or date of birth and gender; • contact information, including mailing or street address, email address, telephone number and other contact details; • preferences you have submitted, including your preferred settings for your use of the Services; • financial information, including bank details, credit card information or other information about your financial circumstances, as applicable; • information related to any Devices or Services you enquire about or purchase; • comments you make on our websites or blogs, information you provide to us through customer surveys, promotions and competitions, and any additional information relating to you that you provide to us directly or indirectly through our websites or Services or to our representatives; • your hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and the settings, including the regional and language settings, of the Device you use to access the Services; • information required for registration for our Services, as applicable; • details of the Services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries; or • any other personal information that may be required in order to facilitate your dealings with us. We may collect these types of personal information either: • directly from you; • through your use of our Services; or • from third party sources. Why do we collect, hold use and disclose your personal information? We collect, hold, use and disclose your personal information for the purpose of providing Services and information to you, for our business operations, for purposes notified to you at the time of collection and for other purposes set out in this Privacy Policy, including the Mobile Device Supplement to this Privacy Policy. You can choose not to provide us with certain types of information, but if you do so we may not be able to provide you with certain Services or it may affect your ability to use or receive some Services. Information you provide directly We may collect information directly from you: • To provide and improve our products and services— we may sometimes collect personal information to assess and analyse our market, customers and Services, to enable us to monitor, review and improve the Services which we offer and for internal record keeping purposes. Subject to the direct marketing section below, we may also use your personal information for marketing purposes. . • For surveys, promotions or competitions—we may collect information from you in customer surveys, prize draws, competitions or promotions. We may also use this information to monitor or improve customer satisfaction, to improve our Services and (subject to the direct marketing section below) for marketing purposes. • To assist with your queries—you may choose to provide us with your name or other contact details when you call us by phone, write to us or email us, so that we can respond to your query and send you information about our products and services. • When you use our websites—in general, you can use parts of our websites without giving us any information, unless you are interacting with us for purposes which require you to provide personal information, such as those described above. On certain pages of our websites, for example registration pages, we will request information about you. We will only be able to provide you with our full website environment and services if you have completed and submitted the information required for the registration process and your registration is accepted by us in accordance with the relevant website terms and conditions. If you send information to any bulletin board, forum or newsgroup that may be available on our websites, please remember that any information you provide will become public, and exercise caution when disclosing such information. Please also read the section below about the use of cookies, beacons and similar technologies on our websites. • As part of our general business operations and administration—Samsung may collect personal information from you in relation to its general business operations and administration. This may include information about individuals who are, or are employed by, our suppliers (including service and content providers), contractors, dealers, related companies, agents, advisors, corporate customers and business partners. • For employment and contracting—when you apply for a job or contract with us or otherwise do business with us, we may collect certain information from you, from any recruitment consultant and from your previous employers and others who may be able to provide information to assist us in our decision on whether or not to make you an offer of employment, engage you under a contract or otherwise do business with you. If you are made, and accept, an offer of employment with us, this Privacy Policy will not apply to our acts and practices in relation to employee records about you as a current or former employee to the extent those records are exempt from the operation of the Privacy Act. Information about your use of the Services In addition to the information you provide, we may collect information about your use of our Services through software on your device and other means. For example, we may collect: • Device and online information—such as your hardware model, IMEI number and other unique device identifiers, MAC address, IP address, operating system version, and the settings, including the regional and language settings, of the Device you use to access the Services. • Log information—such as the time and duration of your use of a Service, search query terms you enter through the Services, and any information stored in cookies that we have set on your Device. • Location information—such as your Device’s GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to us when you use certain Services. • Other information—about your use of the Services, such as the apps you use, the websites you visit, and how you interact with content offered through a Service. • As part of our general business operations and administration—Samsung also collects personal information in relation to its general business operations and administration. This may include information about individuals who are, or are employed by, our suppliers (including service and content providers), contractors, dealers, related companies, agents, advisors, corporate customers and business partners. Information from third party sources We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we hold which was collected from or about you. We may collect information about you from our suppliers (including repair centers, resellers, service providers, content providers and retail stores) who collect your personal information on our behalf for the purposes set out in this Privacy Policy. We also may receive information about you from third party social networking services when you choose to connect with those services. Other Information We Collect We may collect other information about you, your Device, or your use of the Services in ways described to you in any applicable terms and conditions, terms of service or collection statements. • Use and Sharing of Information • We use the personal information we collect (and may combine it with other information about you) to, among other things: • Provide the Services you request; • Understand the way you use the Services so that we can improve your experience; and • Provide customised content and advertising. We also use the personal information we collect in ways described to you in this Privacy Policy and any applicable terms and conditions or collection statements. We may share your information with the recipients referred to in this Privacy Policy or the applicable terms and conditions or collection statement, including: • Affiliates — the Samsung family of companies. • Business partners—trusted companies that may provide information about products and services you might like. • Service providers and suppliers— including companies that provide services to, for, or on behalf of Samsung. • Law enforcement—when we are required to do so or to protect Samsung and its users. How do we use your information and why? We may use personal information we collect for the following purposes: • to register you or your Device for a Service; • to provide a Service or feature you request and to operate our websites and online platforms; • to assist with your queries; • to provide customised content and make recommendations based on your past activities on our Services; • to maintain and develop our business systems, including for testing and upgrading purposes; • for our general business operations and administration; • to register you on our websites, to administer our website Services (including processing any searches or requests for information about our Services), and to allow you to use those Services (e.g. blogs, open forums, location based services and discussion pages); • for advertising, such as providing customised advertisements and sponsored content and sending you promotional communications; • for assessment and analysis of our market, customers and Services (including asking you for your opinions on our Services and carrying out customer surveys); • to understand the way people use our Services so that we can improve them and develop new products and services; • to provide maintenance services for your device; • to conduct customer surveys, competitions, prize draws or promotions, as permitted by law; • as required or authorised by law; and • otherwise with your consent. We may combine all of the personal information we collect from you, regardless of how you access our Services, and use it for purposes consistent with this Privacy Policy. Where applicable, this means that personal information you provide in connection with one Service may be used in relation to other Services for the purposes we describe in this Privacy Policy. To whom do we disclose your personal information and why? For the purposes described in this Privacy Policy, we may disclose your personal information to the following entities: • Affiliates. Your information may be shared among Samsung affiliates. We may disclose your information to any company in the Samsung group (which includes our affiliates and related companies, contractors to whom we have outsourced the provision of Services to our customers and any other entity operating under the Samsung brand name with authority from Samsung). • Business Partners. We may share your information with our trusted business partners. For example, we may disclose your Device's IP address or device identifier to your wireless carrier. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional materials, advertisements and other materials. • Service providers and suppliers. We may disclose your information to our service providers, suppliers, contractors, dealers, distributors, resellers, repair centers, agents, and business partners who help us deliver a Service to you or provide services for or on behalf of us, such as companies that help us with billing or that send emails on our behalf. • Our Professional Advisers. We may disclose your information to our professional advisors in the course of obtaining professional advice. • Other Parties When Required or Authorised by Law or as Necessary to Protect Our Services. There may be instances when we disclose your information to other parties: • to comply with the law or respond to compulsory legal process (such as a search warrant or other court order); • to verify or enforce compliance with the policies governing our Services; and • to protect the rights, property, or safety of Samsung, or any of our respective affiliates, business partners, or customers. • Other Parties in Connection With Corporate Transactions. We may disclose your information to a third party as part of a merger or transfer, or in the event of bankruptcy. We may disclose your personal information to anyone to whom all, or any part, of our assets or business are transferred. • Other Parties With Your Consent or At Your Direction. In addition to the disclosures described in this Privacy Policy or in applicable terms and conditions or collection statements, we may share personal information about you with third parties when you consent to or request such sharing. Your Choices We offer a variety of choices about how we use your information. You can make choices about whether to receive promotional communications from us by following the unsubscribe instructions included in the relevant promotional communication. In some cases, you may be able to make choices in relation to specific Services through the Service's settings or when we give you a collection statement. Offshore Disclosure of Personal Information By using or participating in any Service and/or providing us with your personal information, you consent to the collection, processing, use, disclosure, and storage of your information outside of Australia, consistent with this Privacy Policy. You acknowledge that the overseas recipients of your personal information may, depending on the particular Service that you have requested, be located outside Australia including in South Korea, the Philippines, Singapore, Malaysia, the United States of America, Germany, China, the Netherlands, Vietnam, India or Denmark. Please note that the data protection laws and other laws of the countries to which your information may be disclosed might not be as comprehensive as those in Australia. In all cases, by providing your personal information to us or using our Services, you consent to the disclosure of your personal information outside Australia, and acknowledge that Samsung is not required to ensure that overseas recipients handle your personal information in compliance with Australian privacy law. However, where practicable in the circumstances, we will take reasonable steps to ensure that overseas recipients use and disclose such personal information in a manner consistent with this Privacy Policy. Accessing and Correcting Your Information or Making a Complaint You may request access to your personal information we hold about you by contacting our Privacy Officer using the details set out in the Further Information section of this Privacy Policy. If you think that any of the personal information we hold about you is not accurate, complete or up-to-date, you may also request that we correct that personal information by contacting our Privacy Officer. We will respond to any such request within a reasonable period. While we will endeavour to allow you to access and correct the personal information we hold about you, sometimes that will not be possible, in which case we will notify you and give you the reasons why (except to the extent it would be unreasonable for us to do so). If you wish to make a complaint about our handling of your personal information, you may contact our Privacy Officer using the details set out in this Privacy Policy with your full name and contact details and a detailed description of your complaint. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint. If we are unable to resolve your complaint, we will inform you of the steps available to you in those circumstances. What do we do to keep your information secure? We have put in place reasonable physical and technical measures to safeguard the personal information we collect in connection with the Services. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system or wireless connection is completely secure. Third Party Links and Products on Our Services Our Services may link to third party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by third party websites or other services. You should exercise caution, and review the privacy statements applicable to the third party websites and services you use. We also may make available to you certain products or services developed by third parties. Samsung is not responsible for these third party products or services and you should exercise caution, and review the privacy statements applicable to such third party products and services. Third Parties that Provide Content, Advertising or Functionality on Our Services • Certain third parties may serve advertising or keep track of which advertisements users see, how often they see those advertisements, and what users do in response to them; and • We enable you to share certain materials on the Services with others through social networking services such as Facebook, Twitter, Google +, and LinkedIn. Third parties that provide content, advertising or functionality on our Services may collect or receive certain information about your use of the Services, including through the use of cookies, beacons, and similar technologies, and this information may be collected over time and combined with other information collected across different websites and online services. Some of these third parties participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. If you connect with a social networking service while using a Service or Device, we may receive and store authentication information from that social networking service to enable you to log in, as well as other information that you allow us to receive when you connect with these services. Also, please note that if you choose to connect with a social networking service on a Device used by people in addition to you, those other users may be able to see information stored or displayed in connection with your account on the social networking service(s) with which you connect. Cookies, Beacons and Similar Technologies We, as well as certain third parties that provide content, advertising, or other functionality on our Services, may use cookies, beacons, and other technologies in certain areas of our Services. Cookies Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices, and/or browsing sessions. Cookies serve many useful purposes. For example: • Cookies can remember your sign-in credentials so you don’t have to enter those credentials each time you log on to a service. • Cookies help us and third parties understand which parts of our Services are the most popular because they help us to see which pages and features users are accessing and how much time they are spending on the pages. By studying this kind of information, we are better able to adapt the Services and provide you with a better experience. • Cookies help us and third parties understand which ads you have seen so that you don’t receive the same ad each time you access a Service. • Cookies help us and third parties provide you with relevant content and advertising by collecting information about your use of our Services and other websites and apps. When you use a web browser to access the Services, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. The operating system of your device may contain additional controls for cookies. Please note, however, that some Services may be designed to work using cookies and that disabling cookies may affect your ability to use those Services, or certain parts of those Services. Other Local Storage We, along with certain third parties, may use other kinds of local storage technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Services. These technologies are similar to cookies, in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your Device from standard cookies, and so you might not be able to configure them using standard browser tools and settings. For more information about disabling or deleting information contained in Flash cookies, please click here. Beacons We, along with certain third parties, may also use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your Device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your Device. We and certain third parties use beacons for a variety of purposes, including to analyse the use of our Services and (in conjunction with cookies) to provide content and ads that are more relevant to you. By accessing and using our Services, you acknowledge that this Privacy Policy will apply to the storage of cookies, other local storage technologies, beacons and other information on your Devices, and to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above. Location-based services To the extent that you are using any of our location-based services or functionality (“Location-Based Services”), then in addition to the terms of this Privacy Policy, this paragraph will also apply. The Location-Based Services are offered by collecting, storing, transmitting or processing the location data of the user and/or his or her Device upon using such Location-Based Services. All such location information will be dealt with in accordance with the terms of this Privacy Policy. Voice Services To the extent that you are using any voice recognition or voice command services or functionality ("Voice Services"), then in addition to the terms of this Privacy Policy this section will also apply. You can control certain Samsung Devices, and use many of their features, with voice commands. Depending on your model and region you can command your Device to activate certain features such as playing songs from a playlist, change channels or performing web searches using S Voice. Further, for Mobile Devices you can control everything you would do using the touch interface, by using voice commands with Bixby. You can also receive language translation support through S Translator, dictate memos through Voice Memo or, if you have enabled Car Mode, activate features while driving by speaking to your Mobile Device. To provide the Voice Services, some voice commands may be transmitted (along with information about your device and its usage, including device identifiers) to a third party service provider that converts your voice commands to text. In addition, Samsung may collect and use, and your device may capture, voice commands and associated texts so that we can provide you with Voice Services and evaluate and improve the Voice Service features. The Voice Services are strictly optional and can be enabled during your Device's set-up process, or at a later date through your Device settings. If you no longer wish to use the Voice Services, you may at any time disable the Voice Services using the settings menu of your Device. Direct Marketing We may also use or disclose your personal information to provide you with information about products, promotions, special offers and other information which relates to our Services or which we believe may be of interest to you. We may send you such information by email, telephone, SMS text message and/or any other form of electronic messages, post, fax or smartphone or other smart-device applications, social networking websites or any other method which becomes relevant from time to time. When you provide us with information about yourself, you will usually be given the option to let us know that you do not want that personal information to be used for direct marketing purposes. You can change your mind about your preferences in respect of direct marketing and make choices at any time by following the unsubscribe instructions included in the relevant marketing communication, or by contacting our Privacy Officer. Further information If you have any questions or wish to access or correct your personal information, make a complaint or change your preferences in respect of direct marketing, please contact our Privacy Officer at: Samsung Electronics Australia Pty Limited 3 Murray Rose Avenue, Sydney Olympic Park NSW 2127, Australia Email: privacy.au@samsung.com Telephone: (02) 9763 9700 [Hyperlinked Key Terms] [Provide customised content and make recommendations]: We may use personal information we collect about you to provide you with customised content and make recommendations that are based in part on your past activities on our Services. [Improve them and develop new products and services]: We may use information we collect to understand the way you use the products and Services we offer so that we can improve them and develop new products and Services. For example, we may use this information to make better-informed decisions about the use of our Services and the selection of Samsung and third party content and information that is accessible through our Devices and Services. [Affiliates]: The term ‘affiliates’ refers to companies related to Samsung Electronics Australia Pty Limited by common ownership or control. Our affiliates include companies with the Samsung Electronics name, such as Samsung Electronics Co. Ltd. and Samsung Electronics (UK) Limited. Affiliates may also include other companies related by common ownership or control, such as Samsung Information Systems America.   SAMSUNG GLOBAL PRIVACY POLICY - SMART TV SUPPLEMENT Samsung’s Smart TV service offers a set of features that provide enhanced video content, customized TV experiences, movies, connections to social networking services, and the ability to control and interact with your Smart TV with voice commands. We collect, use, share, and store information through your Smart TV in the ways described in the Samsung Privacy Policy. This Supplement provides additional details about the privacy practices of some Smart TV features. Interactive and Customized Content The Smart TV is designed to enable you to easily find and access video programming and other content. For example, you may access information about live television programs distributed to you by your cable or satellite operator and on-demand video content offerings distributed by third-party content providers through searchable guides displayed on your Smart TV. In the case of live television programs, we determine what content is available to you based in part on your postcode. In addition, the Smart TV helps you find and experience other Smart TV content more relevant to you by highlighting programming and content that is likely to interest you or providing additional services that will enhance your viewing experience. We base these recommendations and additional services on: • Information about content that you have watched, purchased, downloaded, or streamed through Samsung applications on your Smart TV or other devices; • Information about applications you have accessed through the Smart TV; • Information about your clicks on the “Like,” “Dislike,” “Watch Now,” and other buttons on your Smart TV; • The query terms you enter into Smart TV search features, including when you search for particular video content; • Other Smart TV usage and device information, including, but not limited to, IP address, information stored in cookies and similar technologies, information that identifies your hardware or software configuration, browser information, and the page(s) you request. Please visit the “settings” menu of your Smart TV for choices that may be available to you if you do not wish to continue to receive personalized recommendations or certain enhanced features on your Smart TV. If you disable such personalized recommendations or additional features, then the information and content displayed on your Smart TV may not be as relevant to you. Samsung may still collect information about your usage of the Smart TV for the purposes described in this Samsung Privacy Policy. Interest-Based Advertisement By enabling the Interest-Based Advertisement feature on your Smart TV, you can choose to make content and advertising served to your Smart TV or across various Samsung and third-party platforms or devices, including linear commercials, on the web, mobile devices, and tablets more relevant to you. To provide the Interest-Based Advertisement feature, we collect video snippets of the program that you watch and use this information in order to return content or advertisements that may be more relevant to your tastes based on your TV “viewing history”. Your TV “viewing history” includes information about the networks, channels, websites visited and programs viewed on your Smart TV and the amount of time spent viewing them. We may use automatic content recognition (ACR) and other technologies to capture this TV viewing history. Your Smart TV “viewing history” may be supplemented with other types of information as described in the main body of this Privacy Policy, such information will include data about the usage of your Smart TV as well as technical information about your devices, such as model specifications and the IP address. When an ad is served to you, we may also log the fact that your device received that ad, as well as the webpage or other place where you viewed it. We may also seek to collect information using cookies, beacons and similar technologies. Please see the Samsung Privacy Policy for more information about how these work and how you can control their use. You may disable the Interest-Based Advertisement feature at any time by visiting the “settings” menu on your Smart TV. However, if you disable the Interest-Based Advertisement feature, it will not affect whether you receive other types of ads and marketing that is not specifically based on TV viewing history or Smart TV usage information, for example ads based on generalized regional or statistical data. The only difference will be that such ads will not be based on your Smart TV “viewing history”. PSID Your Smart TV viewing history and usage information for the purposes of providing interest based advertisements will be linked to a randomized, non-persistent and resettable device identifier called the Personalised Service ID or “PSID”. You may reset your PSID at any time by visiting the settings menu on your Smart TV, and once reset your Smart TV viewing history and Smart TV usage information with respect to interest based advertisements will be de-linked from its previous PSID. Bear in mind that if you reset your PSID, the quality of customized and interest based advertisements may not be fine-tuned. Voice Recognition You can control your Smart TV, and use many of its features, with voice commands. If you enable Voice Recognition, you can interact with your Smart TV using your voice. To provide the Voice Recognition feature, your voice commands will be transmitted (along with information about your device, including device identifiers) to us and we will convert your voice commands into text to provide the Voice Recognition features. In addition, Samsung may collect voice commands and associated texts so that we can evaluate and improve the features. Samsung will collect your voice commands only when you make a specific search request to the Smart TV by clicking the activation button either on the remote control or on your screen and speaking into the microphone on the remote control. If you do not enable Voice Recognition, you will not be able to use the voice recognition features. You may disable Voice Recognition data collection at any time by visiting the “settings” menu. However, this would prevent you from using the Voice Recognition features Third Parties Please note that when you watch a video or access applications or content provided by a third-party, that provider may collect or receive information about your Smart TV (e.g., its IP address and device identifiers), the requested transaction (e.g., your request to buy or rent the video), and your use of the application or service. Samsung is not responsible for these providers’ privacy or security practices. You should exercise caution and review the privacy statements applicable to the third-party websites and services you use. Country-Specific Features Please note that one or more of the features described in this Smart TV Supplement may not be available to you depending on where you live. SAMSUNG PRIVACY POLICY - MOBILE DEVICE SUPPLEMENT Samsung Mobile Devices offer a wide range of features including those allowing users to monitor and improve their fitness and well-being, improve their user experience, make mobile payments and control their Mobile Devices with voice commands. When you use our Mobile Devices we collect, process, use, disclose, and store your information in the ways described in the Samsung Privacy Policy. This Mobile Device Supplement provides additional details about how we use that information to provide our Mobile Device features. Specific Features Please note that one or more of the features described in this Supplement may not be available to you depending on your model version, your service provider or where you live or access the features. Samsung Health The Samsung Health application, connected applications and associated accessories (collectively “Samsung Health”) is an all-in-one companion designed to encourage a healthy lifestyle. With Samsung Health, you can track your everyday activities; get coaching to reach your daily fitness goals and milestones; and measure and manage factors such as your heart rate, SpO levels, and stress level. The purpose of processing data for Samsung Health is to provide the health service or feature that you request, including data back-up and sync services for Samsung account users, to provide data analysis and statistics to enhance your wellness and to improve Samsung Health itself and its offerings. Data can be collected either through sensors on your Mobile Device or when you manually enter your own data into the applicable Mobile Device or related Samsung Health application or accessory. Further information on the way we process your personal information is described in the Samsung Health Privacy Notice, viewable in the Settings menu of the Samsung Health application. Enhanced Features Enhanced Features is a bundled set of services designed to simplify and improve the ways in which you can share information and connect with your friends. With the currently available Enhanced Features for example, you can share your profile and view images from your friends using Profile sharing and easily share files with your friends using Simple Sharing. In order to provide you with the Enhanced Features, we will need to collect your phone number, information from your contacts list and access to messages. You have the choice to disable Enhanced Features in its entirety, or in the alternative, you can pick and choose which of the Enhanced Features services you wish to use, by visiting your Profile in the Contacts section of your Mobile Device. In addition, based on how you choose to use Enhanced Features, you can choose what categories of data you will share, as well as which friends you want to share data with. Interactive and Customised Services Samsung Mobile Devices are designed to be nimble, easy and intelligently anticipate your needs and preferences. Accordingly, our Mobile Devices are designed to learn about and remember your individual needs and preferences in order to provide you with better and more tailored, interesting and useful Services and features. If you choose to opt-in and enable Interactive and Customszed Services on your Mobile Device, one simple benefit would be not having to input data again and again. Instead, we can make better use of your past actions and anticipate what you may want to input without being asked. If you opt-in to Interactive and Customised Services, you may also benefit from our improved ability to offer you recommendations, Services or content based on your past usage information. For example, if we learn from your application usage information that you are very interested in sports, we will provide you with more relevant information, offers or hints about sports, enhancing your experience with our Mobile Devices. We will base these “Interactive and Customised Services” on: • Information about websites or search query terms on your browser applications; • Information about applications you have accessed through your Mobile Device; • Other Mobile Device usage and device information, including, but not limited to, information that identifies your hardware or software configuration and settings, browser information, and the page(s) you request; • Information about your location and points of interests; • Contact lists; and • Voice commands and usage information regarding voice recognition features. Please visit the “privacy” menus of your Samsung account profile or applications for choices that may be available to you if, after opting-in, you no longer wish to receive Interactive and Customised Services on your Mobile Device or you wish to adjust the levels of personalisation for a particular Service or feature. If you disable Interactive and Customised Services altogether, then the information and content delivered to your Mobile Device may not be as relevant to you. Even if you disable Interactive and Customised Services, Samsung may still collect information about your use of your Mobile Devices for the purposes described in this Privacy Policy. Samsung Pay Samsung Pay is an easy and safe way to make debit and credit card purchases using your compatible Mobile Device. To use Samsung Pay and initiate the card registration process, identification and verification data will be submitted to your bank from your Mobile Device. This includes Samsung account information and Samsung Pay usage data, device information, if you have enabled location settings your location information (i.e., where you are when you register your card), and your card information and billing address, which will be sent to your card issuer, passing through our servers. This information is encrypted by your Mobile Device and sent to your bank over Samsung servers. We never access any card or bank details. Once your Mobile Device has been enrolled, all transaction data is transmitted securely between your Mobile Device and your card issuer and bank. Recent transaction history is available on your Mobile Device and is known only to you, your bank and card issuer. We do not collect any information about the transactions you make or the device or account used to make transactions. We may, however, aggregate and anonymize information collected regarding your attempts to make purchases using Samsung Pay to understand the way our users use Samsung Pay so that we can improve it by making it more convenient and useful for our users. Further information on the way we process your information is described in the Samsung Pay Privacy Notice, viewable in the Settings menu of the Samsung Pay application. Samsung Advertising ID In order to make the content and advertising on your Mobile Device more relevant to you and subject to the direct marketing section of the Privacy Policy, we will collect information about your usage of your Mobile Device and Services. Information about your Mobile Device usage that is collected for the purposes of providing customised marketing will be linked to a randomised, non-persistent, and resettable device identifier called a Samsung advertising ID. You may reset your Samsung advertising ID at any time via the Settings menu on your Mobile Device and your previous usage information with respect to customised marketing will be de-linked and separated from what is collected under your new Samsung advertising ID. However, if you reset your Samsung advertising ID, the customised marketing which we provide to you may not be as well-aligned to your personal interests. You may also opt-out of receiving customised marketing at any time via the unsubscribe instructions set out in the relevant marketing material or the Settings menu of the applicable Samsung Service application on your Mobile Device. However, even if you opt-out of receiving customised marketing, this will not affect whether or not you receive other types of ads and marketing on your Mobile Devices. The only difference will be that those ads will not be customised or based on the usage information of your Mobile Device. Please also bear in mind that Samsung may still collect information about your usage of your Mobile Device as set out, and for the purposes described, in the main body of this Privacy Policy. Hand Hygeine Australia Privacy Policy It is important to us at Hand Hygiene Australia that we protect your privacy and manage your personal information with respect. We are committed to doing this in a way that is consistent with our obligations under the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APPs). This document describes how we achieve this goal. In general, we collect your personal information directly from you when you deal with us by telephone, letter, e-mail, fax, face-to-face or through our website. We only collect, hold and disclose personal information where it is reasonably necessary for, or directly related to, our functions or activities. To learn more about these activities, our team, and our governance, please see information available elsewhere on our website. Website When you visit our website, our server makes a record of your visit and logs the following information for statistical purposes or systems administration purposes: · your server address your top level domain name (for example .com, .gov, .au, .uk etc) · the date and time of your visit to the site · the pages you accessed and documents downloaded · the previous site you have visited · the type of browser you are using. This information is also collected when you visit our learning management system. No attempt will be made to identify users or their browsing activities, except in the unlikely event of an investigation where a law enforcement agency may exercise a warrant to inspect the logs. We will only record your e-mail address if you send us a message. Helpdesk and other direct contact If you contact us directly via email, letter, telephone, fax, or other medium, your personal information will only be used or disclosed for the purpose for which you have provided it. We will not use or disclose your information for any other purpose without your consent. For example, we will record your name and email address or postal address in order to respond to your query, but we will not add it to a mailing list without your consent. You should note that there are inherent risks associated with using the Internet as a transmission medium in that when you send information over the Internet it might be possible for other people to see what you are sending. If this is of concern to you, then you should use other methods of communication. Alternatively you may wish to deal with us anonymously. We will endeavor to address anonymous requests if it is practicable to do so. Hand Hygiene Compliance Application (HHCApp) Your information To register as a HHCApp user, we ask you to provide personal information including: · your name · your email address · your workplace · your role in hand hygiene auditing and promotion We collect this and other relevant information so that we can establish a unique account for you. This in turn allows you access to the appropriate data and functionality. In addition, we send emails to HHCApp users with information that we consider to be important for your appropriate use HHCApp and functioning of the National Hand Hygiene Initiative. This usually occurs via an e-bulletin following each audit period (three times per year) but may occasionally require an email message at other times. You can access and correct your registration information in HHCApp by logging-in and clicking on your name in the top right hand corner (next to the logout button). Alternatively, contact us directly. Audit data The hand hygiene audit data that is entered into HHCApp is accessible by nominated administrators in your organisation and appropriate users within the healthcare system. For example, if you collect hand hygiene compliance data at a public hospital, this information will be accessible to the hand hygiene coordinator at your hospital (Organisation Administrator), as well as the appropriate infection control or quality staff at the health service to which the hospital belongs (Region Administrator). This data would also be accessible to the Jurisdictional Hand Hygiene Coordinator in your jurisdiction (Jurisdictional Administrator). Please visit the ‘Contact Us’ section of our website to see who the jurisdictional coordinators are. If you collect hand hygiene compliance data at a private healthcare facility, this information will be accessible to the hand hygiene coordinator at your facility (Organisation Administrator), as well as the appropriate infection control or quality staff at the governing body to which the facility belongs (Organisation Group Administrator). Users at these administrative levels are governed by their own privacy policies, but are likely to use this data for quality improvement and as a quality indicator. For example, each Australian jurisdiction submits their own jurisdictional data to the National Health Performance Agency for publication on the MyHospitals website. We may use this data where it is reasonably necessary for, or directly related to, our functions or activities. However, the data will not be presented in an identifiable form without consent. For example, we present aggregate national data on our website and at educational sessions or conferences. We may also perform analyses to monitor the progress of hand hygiene promotion, identify risk factors for non-compliance, or other quality assurance and research purposes. Hand hygiene auditor training When registering to participate in workshops organised by Hand Hygiene Australia, we ask for your name, contact details (email address and telephone), profession, dietary requirements, hand hygiene role at your organisation, and details about your organisation. This information is gathered to facilitate organisation of our workshops and to ensure that attendees are allocated to the correct workshop. Following hand hygiene auditor training, either by Hand Hygiene Australia, your jurisdictional hand hygiene coordinator, or by a local Gold Standard Auditor, your name and details of your training will be recorded on our Hand Hygiene Auditor Register along with details of your training. This information is collected as part of validation of data submitted for the purposes of the National Hand Hygiene Initiative. Hand Hygiene Australia is occasionally contacted by Organisation Administrators to verify that individuals within their organisation are appropriately trained to collect data for the NHHI. Where we have documented records for the individual concerned, we will reply stating that we are able to confirm that they are appropriately trained. Otherwise we will reply that we are unable to confirm that the individual is appropriately trained. Learning management system To register as a user of our learning management system, we ask you to provide personal information including: your name · your email address (optional) · your profession and workplace · your employee number · your professional registration number (optional) We collect this information in order to establish a unique account for you and to facilitate the reporting needs of your organisation. Your account allows you to access your learning records at any time. For example, you can log in to your account to download certificates of course completion. In addition, if you link yourself with a specific organisation during self-registration (or subsequently), then the nominated administrator(s) at your organisation can access your personal information and learning records. As described for HHCApp, other administrators at regional, jurisdictional and national level will also have access to your records. This is done, in accordance with the National Hand Hygiene Initiative, to develop an effective education and credentialing system to improve knowledge about hand hygiene and infection control. It is also possible for you to register as a user without affiliating your record with an organisation. In this case, your information is accessible to us, but not to organisation administrators. You can access and correct your registration information at any time by logging in, or alternatively, you can contact us directly. We may use your data where it is reasonably necessary for, or directly related to, our functions or activities. For example, we present aggregate reports on the number of people that have completed our learning modules. However, the data will not be presented in an identifiable form without consent. Quality and security of personal information We will take reasonable steps in relation to matters within our control to ensure that personal information is accurate, current, complete and relevant. We will also ensure that personal information is reasonably protected from misuse, interference, loss and from unauthorized access, modification or disclosure. We store personal information using both physical and electronic filing systems as well as secure computer servers. We employ a range of physical and electronic security measures to protect personal information from misuse and loss and from unauthorised access, modification or disclosure. These measures include restricted physical access to our offices; security firewalls and computer user identifiers and passwords. We will destroy or de-identify personal information if it is no longer needed for any purposes and if we are not required by an Australian law to retain it. Disclosure to overseas recipients Our server is held in Australia and is maintained by the Australian Commission for Safety and Quality in Healthcare. It is unlikely that we will disclose personal information to an overseas recipient. However, if we do, we will take all steps that are reasonable in the circumstances to ensure that this recipient complies with this privacy policy. Accessing and correcting your personal information You can access the personal information that we hold about you and can ask us to correct that information. In the case of HHCApp and our learning management system, you can do this by logging in to your account. Otherwise, please contact us directly using the information provided on the Contact Us page of this website. Further information or complaints Should you wish to contact us about any privacy inquiry or complaint, please contact the National Project Manager on (03) 9496 3587 or write to: National Project Manager Hand Hygiene Australia c/- Infectious Diseases Dept., Austin Health PO Box 5555 Heidelberg 3084 Victoria, Australia. Changes Hand Hygiene Australia reserves the right to update this Privacy Policy at any time. The most current version of this policy is available at http://www.hha.org.au/hha/privacy-policy.aspx Queensland Health iLearn Terms of Use Limitation of liability To the fullest extent permissible at law the State of Queensland and its officers, employees, agents, agencies, instrumentalities, contractors, successors, assigns and others acting under its control are irrevocably and unconditionally released from any and all liability to each person or organisation using this Site as a result of any information being incorrect. Information and content The information provided is correct to the best of our knowledge, but no warranty as to accuracy is given and each person or organisation should not act on the basis of its contents without taking appropriate independent advice. The information and materials on this Site are made available on the understanding that they do not constitute professional or expert advice. Health and medical information disclaimer The information provided on this Site is provided for information purposes only. If you are a patient using this Site, you should seek assistance from a health care professional when interpreting these materials and applying them to your individual circumstances. If you have any concerns about your health, consult your general practitioner. Information provided on this Site does not imply endorsement of third-party services or products and cannot provide you with health and medical advice. Links to other websites Links to other web sites are inserted for your convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service. It is the responsibility of the user to make their own decisions about the relevance or accuracy, currency and reliability of information found on those sites. Viruses We do not represent or warrant that any files obtained from or through this Site are free from computer viruses or other defects. The State of Queensland its officers, employees, agents, agencies, instrumentalities, contractors, successors, assigns and others acting under its control accept no liability for the presence of computer viruses or other defects. Evernote Terms of Service Effective Date: October 4, 2016 - What’s new » Welcome to Evernote! We invite you to access our websites and use the Evernote service, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully. What Are the Terms of Service? The Terms of Service constitutes a contract between us. The Terms include the provisions set forth in this document and in the Evernote Privacy Policy, Commercial Terms, User Guidelines, IP Compliance Program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and your Content in accordance with such Privacy Policy. What Is the Evernote Service? The Evernote Software (as defined below), the Evernote service, and other products, services and websites hosted or made available by Evernote, including, for example our App Center, User Forum, support pages, and the Evernote Market are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms. If This Is a Contract, Who Are the Parties? You are one party to this contract. If you reside in the United States or Canada, then the other party to this contract is Evernote Corporation, a corporation headquartered in California. If you reside in Brasil, then the other party to this contract is Evernote do Brasil Serviços de Aplicações Ltda., a company headquartered in the city of São Paulo, State of Sao Paolo, Brasil (“Evernote Brasil”). If you reside outside of the United States, Canada and Brasil, then the other party to this contract is Evernote GmbH, a company headquartered in Zurich, Switzerland. (Evernote Corporation, Evernote GmbH and Evernote Brasil, as applicable, may be referred to in these Terms of Service as “Evernote,” “we” and sometimes “us”). On some occasions, you may be purchasing products or service subscriptions from an authorized reseller. Please review our Commercial Terms for information about additional contract terms relating to such purchases. Is This the Only Contract I Have with Evernote? It depends upon how you interact with the Evernote service and our software applications. If you install any Evernote Software on your computing devices, you may be asked to agree to an end user license agreement. If you use related Evernote products or services (such as Evernote Business) or participate in our User Forum, you may also need to enter into a separate agreement with us (usually by clicking “accept” or “agree”). We refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and this Terms of Service document, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement. Will These Terms of Service Ever Change? Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change. If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see “How is My Account Closed” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose. What Do I Have to do to Use the Evernote Service? First, you need to create an Evernote service account. You create an account by providing us with an email address and creating a password. (Some older accounts also required a username.) We refer to this as your “Account Information.” We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team. Second, you will need to access your account through a web browser or by installing our client software on your computers, tablets and phones. Sorry, but obtaining those devices and paying for their connectivity and data plans is your responsibility. Evernote also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service. Can I Share My Account with Someone Else? Evernote service accounts should not be shared. If you share your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under those circumstances. Since you may use a free Evernote service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your Account Information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below. If you are looking for ways to share Content with others – particularly in a business, school or other organizational setting - we encourage you to explore Evernote Business. Once I Have an Account, What Are My Rights in the Evernote Service? Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Evernote Software provided to you by or on behalf of Evernote, for the sole purpose of enabling you to use the Evernote Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Evernote Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Evernote or the Service. Evernote’s Data Protection Laws Say My Data Is Mine – What Does That Mean? You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Evernote a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, Evernote acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. What Is the License I Have to Grant to Evernote? In order to enable Evernote to operate the Service, we must obtain from you certain limited license rights to process your Content so that technical actions we take in operating the Service are not considered legal violations. For example, copyright laws could prevent us from processing, maintaining, storing, backing-up and distributing your Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting Evernote a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such Content to enable Evernote to operate the Service. You also agree that Evernote has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for Evernote to make such Content available to, and pass these rights along to, others with whom Evernote has contractual relationships related to the provision of the Evernote service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if Evernote determines such access is necessary to comply with its legal obligations. If you elect to use any third party service or application that is integrated with Evernote, you also agree that the licenses granted to Evernote in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant Evernote the right and license to enable third party access to and extraction of your Content. Evernote does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers. Inasmuch as we rely upon your rights to upload and distribute your Content, you represent and warrant to Evernote that you have the unfettered legal rights and authority to submit your Content to Evernote, to make any other user, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to Evernote under these Terms. Finally, you understand and agree that Evernote, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. What Other Assurances Do I Have to Grant to Evernote? When you use the Evernote service to send Work Chat messages to an email address, to a telephone number via SMS, or through a social media account (e.g., Facebook or LinkedIn) that has not been linked to an Evernote account, Evernote sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). Whenever you send any kind of message to a third party via Work Chat, you represent and warrant to Evernote that you are acting within the law and that you have prior consent from the recipient to send them such a message. Are There Rules about What I Can Do on the Evernote Service? Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with the Evernote service. Our User Guidelines provide more specific details regarding prohibited conduct on the Service. If we find that any shared Content in your account violates our Terms of Service (including by violating another person’s intellectual property rights), we reserve the right to un-share or take down such content. Will Evernote Employees Look at My Content? Your privacy in your Content is a paramount concern for us, and we hope that Evernote employees never need to examine anyone’s Content. However, there are limited circumstances in which we may have the need to review part or all of your Content, as discussed in our Privacy Policy. Will Anyone Else See My Content? Except as described here and in our Privacy Policy, unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. Of course, if you share your Account Information with another person, or if you elect to use any of the Service’s sharing or collaboration features to share Content (“Collaboration Features”), then the shared Content would no longer be private to you. For example, by publishing or sharing any portion of your Content by placing it into one or more Shared Notebooks, or sending a Note to another, then you would be enabling each of those permitted users of a Shared Notebook or recipient of the Notes or Account Information to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without Evernote’s involvement). In addition, Evernote enables you to use a variety of third party services and applications that interact with the Service and your Content, and you should review the access rights you provide to those services or applications, as you may enable them to access or extract your Content through your agreements with those parties. More information on the nature of these permissions may be found here. I’m Guessing Evernote Has Some Rights Relating to the Service? We do. They’re described here: CONTENT RIGHTS. While you own the Content you store within the Evernote service (subject to third party rights), you acknowledge and agree that Evernote (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on Evernote’s servers and all Evernote software deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable, Evernote Clearly, Evernote Web Clipper, Skitch, Penultimate, the Site Memory widget or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device (the “Evernote Software”). INTELLECTUAL PROPERTY RIGHTS. In agreeing to these Terms, you also agree that the rights in the Service and Evernote Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Evernote Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition. RIGHT TO MODIFY THE SERVICE. We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Evernote service or Evernote Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use Evernote Basic, you will not enjoy all of the benefits provided to subscribers of Evernote Plus, Evernote Premium or Evernote Business. You also acknowledge that a variety of Evernote actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Evernote has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for Evernote Plus, Evernote Premium, Evernote Business or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate. RIGHT TO ENGAGE THIRD PARTIES. Evernote engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, or perform certain functions associated with the operation of the Evernote Market, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, Evernote may contract with third party resellers of the Evernote Plus, Premium or Business versions of the Service and/or products in the Evernote Market, and payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or contents and our Commercial Terms to understand our relationship with any Market Seller (as that term is defined in our Commercial Terms), reseller or payment processor. RIGHT TO USE THIRD-PARTY SOFTWARE. Evernote may from time to time include as part of the Service and Evernote Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software here and within the particular Evernote Software. Evernote expressly disclaims any warranty or other assurance to you regarding such third party software. RIGHT TO UPDATE OUR SOFTWARE. In connection with any modification of the Service, Evernote may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Evernote will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Evernote may require you to install the update to continue accessing the Service. In all cases, you agree to permit Evernote to deliver these updates to you (and you to receive them) as part of your use of the Service. Do These Terms Apply to Evernote Business Users? If you are using the Service as part of an Evernote Business account, your use of the Service is governed by these Terms, except where the Separate Agreement governing the Evernote Business account provides conflicting terms. An Administrator of the Evernote Business account has the responsibility to share the terms of such Separate Agreement with each Evernote Business account user. Please review the contract terms applicable to your use of the Service with the Administrator of your Evernote Business account, if you have access to notebooks in an Evernote Business account. If you are participating as a user of an Evernote Business account, you should know that the Administrator of the Evernote Business account has rights to restrict your access to the Content contained within the Evernote Business account notebooks and also has rights to access, reproduce, distribute and otherwise affect, and impose additional rules regarding, such Content. However, the Administrator is not provided with any access to or knowledge of the Content in your personal Evernote service account. And none of your rights in your personal Evernote service account are affected if you also have access to notebooks in an Evernote Business account. For more information on how your personal Evernote service account works with your Evernote Business account, please review our Privacy Policy and our Help & Learning article entitled “Are a user's personal notebooks or personal information accessible by other Evernote Business users or Admins?” on this subject. How Does Evernote Respond to Copyright or Other Intellectual Property Violations? We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright Act [www.copyright.gov] and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Compliance team according to the instructions provided by our IP Rights Compliance Program and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Evernote does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf. Can Kids Use Evernote? Of course, but Evernote is not directed to children, and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. If you are a school, district or teacher and want your students who are under the age of 13 to create Evernote service accounts, including in conjunction with the establishment of an Evernote Business account for the school or a group of students at the school, you agree that you are responsible for complying with the U.S. Children's Online Privacy Protection Act (“COPPA”) and, to the extent applicable, The Family Educational Rights and Privacy Act (“FERPA”). This means you must notify – via direct notice as required by COPPA – those students’ parents/guardians of the personally identifiable information Evernote will collect and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you must provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. For more information on complying with COPPA, see the Federal Trade Commission’s website at http://www.ftc.gov/privacy/coppafaqs.shtm. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you agree that you will be responsible for complying with such laws. Where Does My Data Go? The Service is available worldwide, but your data is stored in the United States, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by Evernote, its Service Providers, and other third parties located in California and other locations in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions. How is My Account Closed? You may deactivate your account with our Service at any time, for any reason (or no reason), and you don’t even have to give us notice. However, if you want to deactivate your account you need to take certain specific steps, which are described in our Help & Learning article entitled “How do I deactivate my account?”. Evernote may take action to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Evernote suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in Evernote’s sole discretion), (iii) your nonpayment of any fees or other sums due Evernote or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use. In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account. What Happens to My Account when I Die? Evernote’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. Please see our Commercial Terms for information on terminating payment for Paid Services upon death or incapacity. If I Have a Great Idea to Share with Evernote, What Are My Rights? When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Evernote through the “Contact Us,” User Forum or Support interfaces or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Evernote is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Evernote shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Evernote may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Evernote without any obligation of Evernote to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Evernote under any circumstances. Does Evernote Serve Ads? Our business model is to make the Service so valuable that our users will want to subscribe for a Paid Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. For more information, please see our Privacy Policy and Cookie Information page. Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers. What Else Do I Need to Know? THIRD-PARTY LINKS, CONTENT AND PROGRAMMING. We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. INDEMNITY. You agree to indemnify and hold Evernote, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder. LIMITATION OF LIABILITY. To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS OR SERVICES ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERNOTE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) EVERNOTE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVERNOTE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVERNOTE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF EVERNOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR EVERNOTE POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE EVERNOTE MARKET; (v) EVERNOTE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS THROUGH THE EVERNOTE MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE. EXCLUSIONS AND LIMITATIONS. NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. If Evernote Has to Send Me Notice of Something, How Will That Happen? This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the website(s) related to the affected Service. How Can I Send a Notice to Evernote? Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Evernote must be delivered by email to compliance AT evernote DOT com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider): Evernote Corporation 305 Walnut Street Redwood City, California 94063 USA Attention: Legal Notice Evernote GmbH Walchestrasse 9 8006 Zurich, Switzerland Attention: Legal Notice Evernote Do Brasil Serviços De Aplicações Ltda Federal Taxpayer Registration CNPJ/MF no 17.566.240/0001-50 Avenida Paulista, no 2.300 Andar Pilotis Edifício São Luiz Gonzaga CEP: 01310-300, São Paulo/SP Attention: Legal Notice Are There Countries Where I’m Not Allowed to Use Evernote? You may not use or otherwise export the Service or any Evernote Software except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Service is hosted or where you use the Service. In particular, but without limitation, the Evernote Software may not be (i) exported or re-exported into any countries that are subject to U.S. economic sanctions or (ii) provided to or used by anyone on the U.S. Department of the Treasury's lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified, or Entity lists. By using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service, or provide access to or use of the Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access your Content. What Law Applies to My Use of Evernote? If you are a resident of the United States or Canada, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of the State of California, United States of America, as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to its conflict of law provisions. If you reside in Brasil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Brasil and shall be considered to have been made and accepted in Brasil, without regard to conflict of law provisions. If you reside outside of the United States, Canada, and Brasil, these Terms and the relationship between you and Evernote (including any dispute) shall be governed in all respects by the laws of Switzerland and shall be considered to have been made and accepted in Switzerland, without regard to conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. What Do I Do If I Think I Have a Claim Against Evernote? LET US KNOW ABOUT YOUR COMPLAINT. We want to know if you have a problem so we encourage you to contact our Customer Support team if you have any concerns with respect to the operation of the Service or any Evernote Software, as we want to ensure that you have an excellent experience. INITIATING A FORMAL CLAIM. If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. Evernote provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against Evernote in any other manner, you shall be in violation of these Terms and you agree that Evernote shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Evernote for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against Evernote, you will send us a notice to our attorneys at legal notice AT Evernote DOT com and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of the United States or Canada, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by a state or federal court located in San Mateo County, California. You agree to submit to the exclusive personal jurisdiction of the courts located within San Mateo County, California (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you reside in Brasil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in São Paolo-SP, Brasil. You agree to submit to the exclusive personal jurisdiction of the courts located within São Paolo-SP, Brasil (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are not a resident of the United States, Canada, or Brasil, you agree that any claim or dispute you may have against Evernote must be resolved exclusively by the courts in Zurich, Switzerland. You agree to submit to the exclusive personal jurisdiction of the courts located within Zurich, Switzerland (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. ALTERNATIVE DISPUTE RESOLUTION PROCESS. Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and Evernote where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and Evernote agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement. If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU. ARBITRATION AGREEMENT. If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and Evernote agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. (Note that if you were a Service user prior to December 4, 2012 and formally elected to opt out of the Arbitration Agreement pursuant to the procedures set out in our Terms of Service that were effective as of December 4, 2012, you are not subject to this Arbitration Agreement.) Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Evernote users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act. The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, Evernote will pay all filling, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Evernote will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Evernote for all fees associated with the arbitration paid by Evernote on your behalf, which you otherwise would be obligated to pay under the AAA's rules. YOU AND EVERNOTE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER EVERNOTE USERS. Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section (What Do I Do if I think I Have A Claim Against Evernote?) will continue to apply. CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us. SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at legal notice AT Evernote DOT com or at: Evernote Corporation 305 Walnut Street Redwood City, California 94063 USA Attention: Legal Notice Anything Else? A couple of final, but important, points. First, these Terms constitute the entire agreement between you and Evernote and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and Evernote for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. Second, you acknowledge and agree that each affiliate of Evernote shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms. Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect. Evernote Privacy Policy Effective Date: July 3, 2017 – What’s New >> Return to Privacy Center Introduction As we state in our 3 Laws of Data Protection, we are committed to protecting the privacy of your data. This Privacy Policy explains more specifically what information Evernote Corporation and its Group Companies (together, “Evernote,” “we” or “us”) collect and receive from Account Holders and End Users (“you”) through Evernote’s websites and applications, which we refer to collectively as “the Service.” The Service includes the Evernote Software. Please note, if you use Evernote Basic, Plus, or Premium, you are both the Account Holder and End User of an Evernote service account. If you use Evernote Business, the Account Holder is the Customer who has contracted with Evernote as defined in our Evernote Business Agreement and the End Users are the individuals whose user accounts are linked to that Evernote Business account. You can find these and other defined terms used in this policy in our Glossary at the end of this page. Although significant changes are rare, this policy may be amended as new features, technology, or legal requirements arise, so please check back from time to time. We’ll notify you if we make a significant change and, where required, seek your consent. What information does Evernote collect and receive? We built Evernote to help you remember and organize your ideas, thoughts, and memories. That means you can input, upload, or store in Evernote any text, images, and other data that you choose (collectively, “Content”). We also collect and receive the following types of information: Basic subscriber information. To open your account and process payments, we collect and receive basic information like your email address and, depending on how you purchase a subscription to Evernote Plus, Evernote Premium or Evernote Business (each a “Paid Service”), your billing address and other payment information. Log data. When you use Evernote, we collect data to understand how you and others access and use the Service, as well as information about actions you take when using the Service (such as the act of creating a note or sharing a note). This includes the use of cookies, tracking pixels, and similar analytics technologies, as described more fully in our Cookie Information page. This information helps us provide the Service to you, learn how the Service is used, and identify and suggest ways we can make the Service more useful to you. Location information. We collect the IP address you use to connect to the Service, and — if you choose to share it — your location information from a mobile device. This helps us localize the Service for you and, depending on your location settings, allows us to show you relevant content accessible from your account. Device information. We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows) to ensure the Service works as expected for you. Learn more about information our applications collect from your device on our Data Usage page. We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience. For example, if you create or log into an Evernote account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address as authorized in your Google Apps profile settings.Learn MoreShow Less How does Evernote use my information? We have specific rules for how and when we use the information we collect and receive. We describe these below. What does Evernote do with my information? We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service; to provide troubleshooting and customer support; to protect the Service for all our users; to contact you; and to administer Evernote Business accounts. We use a number of technologies to help you get the most out of the Service. Our systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example: Making sure you find what you’re looking for when you search your account. Showing you information most relevant to how you are or could be using the Service at a specific time or location. Suggesting actions for you to take based on information you’ve stored. Suggesting Evernote service features or products to you that we think will help you get the most out of our Service. For Evernote Business users, recommending people for you to collaborate with. To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described above. As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns. If we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox. Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption. We use a number of technologies to help you get the most out of the Service. Our systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example: Making sure you find what you’re looking for when you search your account. Showing you information most relevant to how you are or could be using the Service at a specific time or location. Suggesting actions for you to take based on information you’ve stored. Suggesting Evernote service features or products to you that we think will help you get the most out of our Service. For Evernote Business users, recommending people for you to collaborate with. To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described above. As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns. If we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox.Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption. In accordance with your communication preferences, we’ll occasionally contact you to announce new products and features we build for you, share tips for using Evernote to get more done, make special offers, and provide information about how Evernote works with products and services from our business partners. Learn MoreShow Less If you are an End User of an Evernote Business account, please note that the Account Holder of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account. Also note that while an Administrator of an Evernote Business account has access to the End User accounts linked to that Evernote Business account, an Administrator cannot access an End User’s personal Evernote account. You can find more information on how your personal Evernote service account works with your Evernote Business account here. Would someone at Evernote ever view my Content? You have control over who sees your Content. We limit the use of your Content to make sure that no one at Evernote can view it unless you expressly give us permission or it’s necessary to comply with our legal obligations. Specifically: To help refine or improve the technology, we may ask you for permission to review portions of your Content. For example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions. Such access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls. Choosing to give us such permission is completely voluntary. To help refine or improve the technology, we may ask you for permission to review portions of your Content. For example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions. Such access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls. Choosing to give us such permission is completely voluntary. If you contact our Customer Support team for help with specific pieces of Content in your account (for example, if you can’t find a note you believe should be in your account), we may ask for your temporary permission to look at your Content. This permission terminates when the issue is resolved. Learn MoreShow Less If we become aware of a potential violation of our a Terms of Service or User Guidelines, we may suspend or close your account until the problematic material is removed. Under such a circumstance, we would only look at the Content in your account if you give us consent or if necessary to comply with our legal obligations, including to protect the safety of you or any other person. To test and improve our product offerings for our users, we use aggregated data that does not contain any personal information, does not identify any person, and cannot be connected to any specific user. This policy is not intended to apply to such anonymized/de-identified data. How does Evernote share or disclose my information? Evernote is not in the business of selling or renting your information. Here are instances when we may disclose your information — and then only the minimum information necessary: We share your information with Service Providers who process data on our behalf, such as credit card processors and customer management systems. For example, these Service Providers help us: Operate, develop, and improve the features and functionality of the Service Complete your payment transactions Fulfill your sales and support requests Communicate with you as described elsewhere in this policy We require these providers to agree to strict data protection requirements in keeping with our privacy policy standards and our commitments under our EU-US Privacy Shield and Swiss-US Privacy Shield certifications as discussed below.Learn MoreShow Less We do not share your information with any third parties for their own advertising purposes. Your Content is private unless you decide you want to share it. You may choose to share using public links or through any of the Service’s features that allow you to share or collaborate on Content (“Collaboration Features”). If you choose to share, we may need to take steps to facilitate your collaboration. Learn MoreShow Less In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or Service Providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in the Twitter Tailored Audience and Facebook Custom Audience services. To learn more about the privacy controls that Twitter and Facebook offer and honor for those respective services, please visit here for Twitter and here for Facebook. You may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page. In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or Service Providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in the Twitter Tailored Audience and Facebook Custom Audience services. To learn more about the privacy controls that Twitter and Facebook offer and honor for those respective services, please visit here for Twitter and here for Facebook. You may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page. We also may share information about you with third parties whenever you consent to or direct such sharing. This includes, for example, if you connect your Evernote account with a third-party app in our App Center. Learn MoreShow Less How does Evernote respond to legal requests for my information? We vigilantly protect the privacy of your account. We will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process. We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent. In accordance with our user notice policy, we will notify you if we believe we are compelled to comply with a third party’s legal demand for your information, and we routinely push back on government orders to delay user notice that we view as overly broad. You can find more information in our current Transparency Report. In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations. How can I manage my information stored in Evernote? Consistent with our first law of data protection—your data is yours—in most cases, you can manage your information simply by logging into your account and editing your information directly within the Evernote service. However, if you prefer, you can contact us at compliance@evernote.com to ask us to provide access to, correct, update, or delete your personal information. Please note that we may ask you for proof of account ownership and/or identity before fulfilling your request. We will comply with such requests to the extent required by applicable law or the US-Swiss Privacy Shield and US-EU Privacy Shield. What happens if I want to stop using Evernote? You can delete your Content at any time, and you can stop using the Evernote service at any time. And as we promise in our third law of data protection, your data is portable. You can export your notes at any time, as explained here. If you delete your Content and then sync, it will no longer be accessible to you or others who may access the Service. The Evernote service’s back-up systems may retain residual copies of your deleted Content for up to one year due to the nature of those systems’ operations. Evernote provides you with features that allow you to communicate and collaborate with other users. Please note that deleting your copy of these communications (such as messages) won't delete copies existing in the accounts of people you were interacting with. What happens if Evernote closes my account? If Evernote deactivates your account due to a TOS violation, then you may contact us to request deletion of your Content, and we will evaluate such requests on a case by case basis, pursuant to our legal obligations. Where does Evernote store my information? When you use Evernote Software on your computing device, such as by using one of our downloadable applications, some of your data will be stored locally on that device. When you sync your computing device with the Service, that data will be replicated on servers maintained in the United States. This means that if you store information in or submit data to the Evernote website or Evernote Software and sync such Evernote Software with the Evernote service, you acknowledge your personal information will be transmitted to, hosted, and accessed in the United States. Data privacy laws or regulations in your home country may differ from those in the United States. We will collect, store, and use your personal information in accordance with this Privacy Policy and applicable laws, wherever it is processed. Which Evernote company is my data controller? If you live in Brazil, your data controller is Evernote do Brasil Serviços de Aplicaçōes Ltda. (“Evernote Brasil”). If you live in the United States and Canada, your data controller is Evernote Corporation (headquartered in California). If you live anywhere else, your data controller is Switzerland-based Evernote GmbH. How does Evernote comply with data transfer rules? If you are a resident of the European Economic Area (“EEA”) or Switzerland, please note that we use standard contractual clauses approved by the European Commission to transfer your personal Information from the EEA or Switzerland to the United States and other countries. In addition, Evernote Corporation has certified its compliance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EU member countries and Switzerland.Learn MoreShow Less How can I contact Evernote? Evernote welcomes your feedback regarding this Privacy Policy. If you have questions, comments or concerns about this Policy, please contact us by email at privacy@evernote.com or postal mail at: EVERNOTE CORPORATION 305 Walnut Street Redwood City, California 94063 USA Attention: Privacy Team EVERNOTE GMBH Walchestrasse 9 8006 Zurich, Switzerland Attention: Privacy Team EVERNOTE DO BRASIL SERVIÇOS DE APLICAÇÕES LTDA. Avenida Paulista, 2300 Andar Pilotis Edifício São Luís Gonzaga CEP: 01310-300 São Paulo, SP Brasil ATN: Equipe de Privacidade GLOSSARY Account Holder means the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement. Collaboration Features means any of the Service’s features that allow you to share or collaborate on Content. Content means the text, images, and other data you choose to input, upload, and store in Evernote. End User means the individual who uses an account on the Evernote service. Evernote (or sometimes “we” or “us”) means Evernote Corporation and its affiliated companies that also act as data controllers: Evernote GmbH and Evernote Do Brasil Servicos de Aplicaçōes Ltda. Evernote Service means the Evernote Software (as defined below) and other products, services and websites hosted or made available by Evernote, including our downloadable applications, App Center, User Forum, and Help & Learning pages. Evernote Software means the software hosted on Evernote’s servers and the software we make available to be deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable or Evernote Web Clipper or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device Group Companies means Evernote Corporation and its wholly owned subsidiaries, which include Evernote GmbH and Evernote do Brasil Serviços de Aplicaçōes Ltda. Paid Service means Evernote Plus, Evernote Premium, Evernote Business, and any other Evernote offering for which we collect payment (in the form of currency, Evernote points, coupon codes). BRISBANE POWERHOUSE GROUP PRIVACY POLICY The Privacy Act 1988 provides rules of conduct for the collection, retention, access to, correction, use and disclosure of personal information about individuals. Brisbane Powerhouse Pty Ltd ABN 18 091 551 290 (“ Brisbane Powerhouse ”) takes all reasonable and appropriate step s to protect the privacy of individuals and to comply with the 13 Australian Privacy Principles contained in the Privacy Act 1988 . This Privacy Policy is about the management of personal information by Brisbane Powerhouse. 1. WHAT KINDS OF PERSON AL INFORMATION DOES BRI SBANE POWERHOUSE COL LECT? The kinds of personal information that Brisbane Powerhouse collects and holds are: • Name • Partner’s name (in the case of wedding functions) • Emergency Contacts • Address • Phone number • Email address • Date of Birth • Gender • Income (in the case of audience research) • Credit card details • Amount donated 2. HOW BRISBANE POWERHOUSE COLLECT S AND STORE S PERSONAL INFORMATI ON 2.1 Collection of personal information Brisbane Powerhouse collects information in a number of ways: • Via booking forms, contracts and blue card and visa application forms; • Throug h the organisation’s Powermail subscribe page; • Via the organisation’s marketing and ticketing database; • Via donation forms; and • Directly from individuals over the telephone, via e mail, via facsimile, online and in person. 2.2 Storage of personal information P ersonal information collected by Brisbane Powerhouse is stored on the organisation’s secure server and in physically secure locations within the organisation. Access to perso nal information is restricted to the Brisbane Powerhouse employees that are directly responsible for the organisation ’ s primary functions and activities as related to that information. 3. THE PURPOSES FOR WHICH YOUR PERSONAL INFORM ATION IS COLLECTED, HELD AND USED BY BRISBANE POWERHOUSE 3. 1 Use of personal information Brisbane Powerhouse uses personal information for its operational and marketing purposes. For example, personal information is used to : • Contact an individual : o if an event or performance cha nges, is cancelled or is postponed; o if Brisbane Powerhouse has difficulties processing the individual’s transaction or issuing their tickets to a performance or event ; o to respond to enquiries made by the individual ; o to obtain or clarify information prov ided by the individual about an event or function to be held at the Brisbane Powerhouse; o to correspond with the individual in relation to any of our competitions they have entered into ; or o to seek feedback regarding Brisbane Powerhouse’s services and/or a ny event or performance attended by the individual at Brisbane Powerhouse; • To make a reservation or booking; • Identify an individual when they are visiting Brisbane Powerhouse; • Provid e an individual with marketing material and information about Brisbane Powerhouse products and services, competitions and up and coming events that may interest them ; • Administer ticketing services, including processing an individual’s transaction, issuing tickets and con firming booking details (this may involve posting tickets and receipts to the individual’s postal address or emailing e - tickets, booking confirmations and receipts to the individual’s email account); • Provid e an individual with a refund or exchange in certa in circumstances ; • Process donations an individual has made to Brisbane Powerhouse; • Research and develop Brisbane Powerhouse’s services; and • Protect the health and safety of individuals while they are visiting Brisbane Powerhouse. 3.2 Direct marketing Brisbane Powerhouse uses personal information collected from individuals for the purposes of direct marketing. For example, personal information may be used to notify individuals of Brisbane Powerhouse ’s products and services, competitions and up coming ev ents that they may be interested in . Marketing material may be provided to individuals over the telephone, via email or via post. If you no longer wish to receive marketing material from Brisbane Powerhouse you may opt - out via the unsubscribe button on our marketing material . 3. 2 When is personal information disclosed to third parties ? The Brisbane Powerhouse ticketing system is administered by Tickets.com. Brisbane Powerhouse provides Tickets.com with access to Brisbane Powerhouse ’s ticketing information to run reports that facilitate Ticket.com’s billing processes. Tickets.com cannot access your personal information without permi ssion from Brisbane Powerhouse. Brisbane Powerhosue provides personal information to promoter’s with the individual’s approval (a tick box). 4. HOW TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION S ubject to some exceptions under Australian law , y ou have the right to access the pe rsonal information Brisbane Powerhouse holds about you and to have your personal information corrected. You can obtain access to your personal information or request a correction by contacting the Chief Executive Officer (see Contact Details below). Chief Executive Officer Brisbane Powerhouse PO Box 364 New Farm Q 4005 - or - info@brisbanepowerhouse.org Please insert ‘privacy’ in the subject line Brisbane Powerhouse reserves the right to charge you a reasonable fee for the provision of personal information. 5. HOW TO MAKE A COMP L AINT You have the right to make a complaint about the management of the Australian Privacy Pri nciples by Bris bane Powerhouse and are entitle d to report any breach of the Australian Privacy Principles by Brisbane Powerhouse . Complaints should be made in writing and sent to Brisbane Powerhouse’s Chief Executive Officer (see Contact Details below) . Chief Executive Officer Brisbane Powerhouse PO Box 364 New Farm Q 4005 - or - info@brisbanepowerhouse.org Please insert ‘privacy’ in the subject line Brisbane Powerhouse will respond to your complaint within 30 days. If you have not heard from Brisbane Powerhouse within 30 days , or if you are unhappy with Brisbane Powerhouse’ s response to your complaint , you can forward your complaint to the Office of the Australian Information Commissioner at: Information Commissioner Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 Telephone: 02 9284 9800 Email: enquiries@oaic.gov.au Web: www.oaic.gov.au 6. CONTACT DETAILS If you have any questions or concerns regarding privacy and your personal information, we can be contacted on +61 7 3358 8622 between 9am and 5pm Monday to Friday or on info@brisbanepowerhouse.org. All written requests and complaints should be addressed to the Chief Executive Officer at : Chief Executive Officer Brisbane Powerhouse PO Box 364 New Farm Q 4005 Approved Finance and Audit Committee - May 2016 Mail.Ru User Agreement Welcome to Mail.Ru! 1. Subject of the User Agreement 1.1 Subject of this User Agreement (hereinafter referred to as the “User Agreement”) shall be relations between Mail.Ru, LLC (OGRN (Primary State Registration Number) 1027739850962, 39 Leningradskiy prospekt, bldg. 79, Moscow, Russia, 125167), hereinafter referred to as “Mail.Ru”, being the titleholder of an Internet service at https://mail.ru/ (hereinafter referred to as the Internet Service as well as “Service”), and you (an individual using the Internet), hereinafter referred to as the “User” as regards using the Internet Service and other serviced posted thereon (hereinafter referred to as the “Mail.Ru Services”). Using Mail.Ru Services the User agrees to observe the terms and conditions stipulated herein. Using of certain Mail.Ru Services may be governed by certain regulations applicable thereto (“Service Usage Agreement”) also being a part hereof. The User Agreement may be amended by Mail.Ru without any special notice 1.2 The User Agreement shall govern the procedure for using Mail.Ru Services. Provisions hereof shall be binding on all the Users both registered on the Internet Service and started using any of Mail.Ru Services. The User may familiarize itself with the current version hereof having followed this link: https://help.mail.ru/mail-help/UA. Each time accessing the Internet Service (using the Internet Service) the User shall agree with the terms and conditions hereof and agreements for certain Mail.Ru Services as well as with the terms and conditions of other norms and regulations governing the procedure for using the Internet Service and certain Mail.Ru Services as in force on the date of actual usage. 2. General terms and conditions 2.1 Mail.Ru shall provide access to a complex of the Internet Services including different communication Services, goods and services Services, entertainment Services, information content-projects available on personal computer and various mobile devices both currently existing and the ones which will be developed in the future (Mail.Ru Services). 2.2 The User shall understand and agree that Mail.Ru Services may contain advertisements and that availability of those advertisements is essential prerequisite of using Mail.Ru Services. The User shall also understand and agree that Mail.Ru Services may contain Mail.Ru messages such as service messages, automatic reports and newsletters of Mail.Ru. 2.3 All Mail.Ru Services including webmail service shall be provided “as is”. Mail.Ru shall not assume any liability for the delay, deletion, non-delivery or impossibility of the User’s data upload as well as shall not be liable for fitness for the User’s purposes. All the issues related to granting of the right of access to the Internet, purchase and adjustment of the correspondent equipment and software solutions shall be independently resolved by the User and shall not be covered hereby. 2.4 Free e-mail service Mail.Ru (hereinafter referred to as the “Mail”) shall mean the service ensuring creation and exchange of e-mail messages using web interface located at: https://mail.ru/ and specialized hardware and software serving for transmission, accumulation and processing of the Users’ electronic correspondence with provision of the Users with unique e-mail address of the following types: anysymbols@mail.ru, anysymbols@inbox.ru, anysymbols@bk.ru, anysymbols@list.ru, as well as Mail boxes (capable of storing the Users’ e-mails received and sent from certain e-mail addresses). 2.5 The User shall agree that Mail.Ru may collect anonymized statistical data as regards the Users of Mail.Ru Services. 2.6 Registering its phone number in the settings of Mail.Ru Services and sending sms from its phone number in order to obtain charged services the user shall agree to get information sms from Mail.Ru and the third persons through the request of Mail.Ru. 2.6.1 To the extent of certain Mail.Ru Services the user may be provided with the functionality to independently send sms to the third persons. Sending sms to the third persons through Mail.Ru Services the User shall agree that the sent sms may be determined as sent from its phone number and in its name. Thereat, the user shall be personally liable for all the potential claims related to sending sms to such persons. 2.7 Mail.Ru shall be entitled to establish additional requirements and restrictions as regards registration on the web-site or using the Services. 2.8. For the purposes of using the Internet Service as a computer software provided to the User (licensee) by Mail.Ru under conditions of simple royalty-free (non-exclusive) license to use free functional (program) capabilities of the Internet Service. Using of extra charged functional (program) capabilities of the Internet Service shall be provided by Mail.Ru to the User (licensee) under conditions of simple (non-exclusive) license for the period stipulated in the correspondent extra charged functional (program) capabilities of the Internet Service through obtaining access to extra charged functional (program) capabilities of the Internet Service and actual using thereof within the territory covered by the Internet Service. 3. Entering of the User Agreement into force 3.1 This User Agreement as well as amendments and supplements hereto shall enter into force since published at https://help.mail.ru/mail-help/UA. The User’s agreement with the terms and conditions hereof shall be expressed by clicking the button “Register a mailbox” placed under the registration form for e-mail boxes, registration in any of Mail.Ru Services, or by actual using Mail.Ru Services. 3.2 The User shall be entitled to refuse to accept the amendments hereto which means the User’s refusal to use the Mail.Ru Services. 4. The User’s obligations as regards registration in the Internet Service 4.1 In order to use the Mail or Mail.Ru Services as well as to obtain the rights to use extra functional (program) capabilities of the Internet Service the User shall undergo the registration procedure as follows: 4.1.1 To fill in the form of registration in the Mail or Mail.Ru Services. During the progress of filling in the registration form the User shall independently use its Login and password required for further access to the e-mail box as well as the information data including secret question and answer enabling the User to independently re-activate access to its e-mail box. The User shall confirm its awareness of that e-mail box security directly depends on complexity (number and variability of characters) of its Password and information data (secret question and answer). 4.1.2 Thereat, Mail.Ru by no means shall check the information provided by the User hereinafter referred to as the logon information (unless otherwise stipulated in the terms and conditions of provision of a certain Service), shall be liable to any third persons for accuracy and authenticity of the logon data and shall estimate the User’s logon data as its personal data. Publishing its logon data and other information and joining to the User Agreement the User shall provide Mail.Ru with its consent to processing of the logon and other data, public visibility of its profile and the correspondent Services taking into consideration the available functionalities (subject to periodic change at the discretion of Mail.Ru) as well as to the fact that the logon and other data specified in its profile shall be accessible to all the Internet users through such functionality. The User shall agree to transfer its logon and other data to the third persons inter alia for processing thereof, for ensuring operation of the web-site, Services, for implementation of partner and other programs on the web-site if Mail.Ru ensures the mode similar to the one available on the web-site as regards the User’s data. The User’s data shall be processed in order to provide the latter an opportunity to use the Services and the rights to use extra functional (program) capabilities of the Internet Service, to carry out advertising campaigns, to provide targeted advertisements and Services, to conduct statistical investigations and to analyze the statistic data obtained, to perform other actions described herein. Processing of the User’s data shall be carried out since the date of the User’s registration till the date of cancellation of its account. The User shall agree that when processing the logon data Mail.Ru shall be entitled to perform the following acts as with respect thereto: to collect, to classify, to accumulate, to store, to use, to destroy and to perform other actions required to execute the User Agreement. Upon registration of its account the User shall be entitled to fill it with content inter alia to add photos, join to communities and exercise other rights granted by Mail.Ru. Thereat, the User shall not post on Mail.Ru any photos, e-mails and other personal information of other Persons or the third persons without their consent thereto. 4.1.3 In addition to the registration procedure on the Internet Service specified in clause 4.1. the user may be granted the right to register through using its data (login and password) of the e-mail box registered at the third person’s resource. Irrespective of using any method of registration on the Internet Service the User’s password used to visit the Internet Service shall be beyond the reach of Mail.Ru. Any of the above methods of registration shall enable the User through the Mail Client to crate several accounts which refer to the correspondent e-mail box. terms and conditions of the Mail Client shall be stipulated in the License Agreement for the Mail Client being an integral part hereof and published on the correspondent page of the web-site. Using interface of the Internet Service to register using login and password of the external mail resource as well as creating the correspondent account in the Mail Client the User shall accept the terms and conditions hereof and the License Agreement for the Mail Client. 4.2 The User shall be personally liable for safety and security of its password and the information data (secret question and answer). 4.2.1 Mail.Ru shall not be liable and shall not guarantee security of the User’s e-mail box in case of: wilful or negligent transfer of the password and the information data (secret question and answer) to the third persons; the third persons’ access to the User’s e-mail box using the software enabling to match and/or decode the password; the third persons’ access to the User’s e-mail box using simple matching of the password and the information data (secret question and answer); the User’s failure to comply with the recommendations stipulated herein and in the interface of the Service. 4.3 Mail.Ru shall be entitled to provide the User with an opportunity to transfer the logon data to the third persons using special technology (Open ID etc.) with consent of the User thereto. Thereat, Mail.Ru shall not guarantee completeness and accuracy of the logon data transfer and shall not be liable for security of such data during the process of transfer. 4.4 The User shall: immediately notify Mail.Ru of any unauthorized use of its password or account as well as of any other security violations; log out from its account (conclude each session clicking “Exit” button) upon completion of work with your Mail and personal part of Mail.Ru Services. Mail.Ru shall not be liable for possible loss or damage to the data which may occur due to the User’s failure to comply with the recommendations stipulated in section 4 hereof. 4.5 The User’s password from the mail or any of Mail.Ru Services may be only recreated if there is provided correct and complete information specified when registering the account. If the user paid no regard for provision with correct and complete registration information the Support Service of Mail.Ru will not be able to recreate the password. In case of loss of password from the e-mail box created on the third person’s resource used by the user together with login to access the Internet Service such a password may be only recreated by the methods stipulated by the third person’s resource. In case of deletion of the User’s e-mail box created on the third person’s resource or changing of the password used to access the Internet Service, the Internet Service shall be accessed using the password which was used by the user during the last session. Mail.Ru recommends to protect your password and to correctly, clearly and completely fill in the Mail and Mail.Ru Services registration forms. 5. Rules of the registered User’s conduct 5.1 The User shall be fully liable for both content of its messages and for the information, data, text, programs, music, sounds, graphics, video, messages and other materials (hereinafter referred to as the “Materials”), published and/or transmitted through Mail.Ru Services. It means that the User but not Mail.Ru shall be fully liable for all the Materials uploaded, sent, received, transmitted or otherwise made public by the User through Mail.Ru Services. Mail.Ru shall not control the Materials transmitted through the mail and other Mail.Ru Services and accordingly shall not guarantee accuracy, completeness or quality of such Materials. The User shall understand that using some of Mail.Ru Services it may see the Materials seem to be offensive, fraudulent or doubtful, thereat, the User shall understand that liability for such Materials shall be born by the User posted it but not by Mail.Ru. 5.1.1 The User shall agree that uploading the materials on the web-site the user provides access thereto to other registered users on default. Mail.Ru shall only be the tool enabling the user to access and to make the materials publicly available. 5.2 The User shall agree not to use Mail.Ru Services to: 5.2.1 upload, send, transmit or otherwise publish the Materials including by pointing at the location thereof, placing the links which are illegal, malicious, threatening, injure morality, detractive, infringing copyright or other intellectual property rights, hateful and/or discriminating on the basis of race, ethnos, sex, social status as well as infringing accepted standards and communication ethics on the Internet or hindering other User’s work with Mail.Ru Services; 5.2.2 infringe minor persons’ rights and/or cause any harm to them including moral harm; 5.2.3 impair the rights of various minorities; 5.2.4 represent itself to be another person or employee of any enterprise and/or association including Support Service of Mail.Ru, employees of Mail.Ru, for moderators as well as to misinform; 5.2.5 upload, send, transmit or otherwise publish the Materials which cannot be made public by the User in accordance with the laws or any third party agreements; 5.2.6 upload, send, transmit or otherwise publish the Materials infringing any third persons’ rights including the rights to trademarks (service marks), trade secret and/or to infringe any other intellectual property rights of the third persons; 5.2.7 upload, send, transmit or otherwise publish the advertisements which are not expressly allowed including mass advertisement mailing not authorized and/or not awaited by the User including messages with great number of reduplications to one e-mail address (SPAM) as well as numerous unauthorized messages sent to one addressee; 5.2.8 upload, send, transmit or otherwise publish any Materials containing viruses and other computer codes, files and programs intended to cause malfunction, destruction or limitation of functionality of any computer or telecommunication equipment and programs, to obtain unauthorized access to computer systems, equipment or data of the third persons as well as serial numbers of commercial software and programs for generation thereof, logins, passwords and other means to obtain unauthorized access to charged Internet resources as well as share links to the above information; 5.2.9 break any rules of the current Russian and/or international laws as well as the laws of foreign states; 5.2.10 collect and store the third persons’ personal data; 5.2.11 send e-mails to any person’s address through the Mail as well as publish the texts, photos and videos containing coarse, obscene or offensive words or phrases in Mail.Ru Services; 5.2.12 send e-mails containing porn texts, photos and videos and to publish the said Materials in Mail.Ru Services; 5.2.13 obstruct the work of the Internet Service by using pop-up windows; 5.2.14 share links to the Internet resources content of which contradicts the current laws of the RF (Russian Federation). 5.3 The User shall not use automated scripts (programs) to collect (or) interact with the Internet Service. 5.4 Except to the extent permitted hereby as well as by the current laws of the Russian Federation none of the materials may be copied (reproduced), processed, distributed, represented, published, downloaded, transmitted, sold or otherwise used in full or in part without prior consent of Mail.Ru or the correspondent title holder except when the title holder explicitly expresses its consent to common use of the Materials. 5.5 The User shall be entitled to publish in Mail.Ru Services the intellectual property assets owned by the User. 5.6 Except to the extent permitted hereby or if explicitly expressed consent of the author (title holder) any use of Mail.Ru Services without prior written consent of the title holder shall be strictly forbidden. 5.7 In case of the correspondent title holder’s grounded complaint as regards infringement of its legally protected rights Mail.Ru shall be entitled to delete the content posted by the User or block up Users’ access thereto without notification of the user and without assigning any reasons. 5.8 The User shall agree that it is personally liable for any Materials or information uploaded or otherwise made publicly available (publish) to the extent of Mail.Ru Services or through it. The User shall not be entitled to upload, transmit or publish the Materials in Mail.Ru Services if they are not personally created by the User or if the user is not authorized to publish them by the correspondent title holder. 5.9 If there are any third persons’ claims related to posting of the materials by the User the User shall independently settle those claims at its own expense. 5.10 Mail.Ru shall be entitled to make copies of the Materials to arrange and to facilitate publication and storage of Users’ content on the web site. 5.11 The User shall agree that it is personally liable for any information and materials posted in Mail.Ru Services and for its (User’s) interaction with other Users. 5.12 Taking into account that the Internet Service is publicly available and not predominated information resource Mail.Ru shall not be liable for any Materials posted by Users thereof. 5.13 Mail.Ru shall not be liable for behaviour of any Users using Mail.Ru Services both on-line and in the Internet (off-line). 5.14 Upon the first request of the competent law enforcement and other authorities but in accordance with the current laws Mail.Ru shall be entitled to provide such authority with the information as regards the User. 6. Non-commercial use The User shall agree not to reproduce, repeat or copy, not to sell or resell as well as not to use for any commercial purposes any intellectual property assets posted in Mail of Mail.Ru and other Mail.Ru Services except when the user is authorized to do so by Mail.Ru. 7. General Provisions of Using and Storing Data and Materials 7.1 The User shall acknowledge that Mail.Ru is entitled to establish limitations as regards using of Mail.Ru Services and the mail including: period of storage of postal communications and other Materials posted by the user, maximum number of messages which may be sent or received by one User, maximum size of a message or disc space, maximum number of visits the Mail or Mail.Ru Services for a certain period etc. 7.2 The User shall grant to Mail.Ru non-exclusive license to use inter alia to reproduce, distribute, process, demonstrate and to make publicly available the Materials publicly posted by the User in the Internet Service as content of Mail.Ru available in the Internet Serviceе Mail.Ru in order to promote the Internet Service and its advertisements. Author of the Materials specified in this clause shall retain all the proprietary and personal nonproperty rights in accordance with the laws of the RF and international agreements. 7.3 If the User deletes the Materials the rights specified in clause 7.2. hereof shall be automatically cancelled Mail.Ru shall be entitled to keep the archived content posted by Users. 7.4 Mail.Ru shall be entitled to prohibit automatic addressing to Mail.Ru Services as well as to stop receipt of any automatically generated information (for example, “Spam”). Mail.Ru at its own discretion may stop handling communications with the networks infringing the current rules of Russian and international laws, terms and conditions hereof as well as generally accepted principles of interaction on the Internet. 7.5 Using functionality of Mail.Ru Services the User shall agree that the user’s information may be only transferred to Mail.Ru partners to ensure rendering of the services ordered by the User as well as to grant to the User the rights to use extra charged functional (program) capabilities of the Internet Service provided together with those partners to the extent required to properly render the said services and grant the said rights. 8. Deletion of the User’s account as well as removal of the materials posted by the User 8.1 The User shall agree that Mail.Ru retains the right to terminate the user’s account at any time without prior notification of the User. 8.2 Account may be terminated due to the following reasons: а) breach of provisions hereof and/or User Agreement as regards Mail.Ru Service, parts thereof and amendments being an integral part thereof; b) upon the correspondent request of governmental authorities in accordance with the current laws of the Russian Federation; c) extended period when the account is not used to visit Mail.Ru (as stipulated herein); d) unforeseen technical problems or security related circumstances; e) obstructiveness or any breaches as regards Mail.Ru Services including using of any devices, software etc. 8.3 Mail.Ru shall retain the right at its own discretion to change (moderate) or to delete any information posted by the User including the information (Materials) breaking the bans stipulated in section 5 hereof (as well as any other bans and requirements stipulated in the current laws of the Russian Federation) including personal messages and comments, to suspend, to limit or to terminate access to any of Mail.Ru Services at any time for any reason or without giving any reason with or without prior notice, not being liable for any harm which may be caused to the user by such actions. 8.4 Mail.Ru shall be entitled to delete the User’s account and (or) to suspend, to limit or to terminate access to any service of the web-site if Mail.Ru founds in the User’s actions signs of breach of provisions hereof without giving any reason. Mail.Ru shall retain the right to delete any Materials posted by the User in Mail.Ru Services without giving any reason and without prior notification of the User, however Mail.Ru shall make every possible effort to avoid such situations. 8.5 The User shall agree that Mail.Ru shall retain the right to terminate maintenance of the User’s account in any of Mail.Ru Services not used by the User during the period exceeding six (6) months. 8.6 Termination of the User’s account shall assume: а) termination of the User’s access to the personal part of all Mail.Ru Services; b) deletion of the User’s password and removal of letters and files from the User’s e-mail box as well as deletion of personal settings. 8.7 The User shall be entitled to refuse to use its account in the Mail and other Mail.Ru Services having used the specialized interface deleting the accounts. Correspondence contained in the e-mail box and materials posted in Mail.Ru Services shall be permanently destroyed. If the account is deleted upon the User’s request the latter shall be entitled to independently reactivate the account following the Server instructions got after entering the login and password used prior to deletion of the account into the authorization form of the Mail. 9. Intellectual property right of Mail.Ru 9.1 The User shall acknowledge and agree that Mail.Ru Services contain the audiovisuals, computer software, trademarks and other intellectual property assets owned by Mail.Ru (and/or contractors of Mail.Ru) which shall not be used without prior consent of Mail.Ru. 9.2 The User shall not reproduce, copy, modify, sell, make publicly available or distribute content and programs of the Internet Service, in full or in part, unless otherwise provided by the User Agreement or terms of use of any Mail.Ru Service. 9.3 Mail.Ru shall grant to the User non-exclusive untransferable to the third persons right to use the software provided by Mail.Ru Services on one computer provided that neither user nor any other persons with the User’s assistance will not copy or modify the software; create programs derivative from the software; pierce the software to obtain program codes; sell, assign, lease or otherwise transfer to the third persons the Mail software, granted by the User under the User Agreement as well as modify the Mail inter alia In order to obtain unauthorized access thereto. 10. Trade mark Logo is a registered trademark owned by Mail.Ru, LLC. Any use thereof on the Internet shall be only allowed with the consent of Mail.Ru, LLC and with mandatory sharing of hyperlink and logo of www.mail.ru. Using of Mail.Ru trademark image (logo) or logos of web-services of Mail.Ru projects by all means including unauthorized publication in print and other media shall be deemed infringement of the right to the trademark. 11. Liability of Mail.Ru The User shall understand and agree that: 11.1 the User shall use Mail.Ru Services including the Mail “as is”. Mail.Ru shall not assume any liability inter alia for fitness of Mail.Ru Services for the User’s purposes; 11.2 Mail.Ru shall not guarantee that Mail.Ru Services will comply with the User’s requirements; will be provided constantly, fastly, reliably and without any errors; results which may be obtained by the User will be accurate and reliable; quality of any product, information and other things obtained using Mail.Ru Services, inter alia the Mail will meet the user’s expectations and that all the programs will be debugged; 11.3 Any Materials (intellectual property assets) obtained by the User using the mail and other Mail.Ru Services may be used by the User at its own risk, thereat, the User shall assume the liability for any damage which may be inflicted to the User’s computer and data as a result of uploading such Materials; 11.4 Mail.Ru shall not be liable for any direct or indirect loss incurred due to using or impossibility to use Mail.Ru Services including the Mail; due to unauthorized access to the user’s communications; due to the third persons’ fraudulent actions inter alia using of Mail.Ru designation of the trademark for their own profit. 11.5. Mail.Ru shall not be liable for commercial using of the User’s e-mail box including for storage of the documents and carrying on business correspondence. 12. Confidentiality of Mail.Ru 12.1 Mail.Ru shall not be entitled to use User identification technologies including the ones using cookies as well as to use the said technologies for marketing purposes in order to study User’s preferences. Thereat, such identification is of non-personalized and generalized nature, Mail.Ru does not either track certain Users’ actions or transfer its information thereabout. Nevertheless the said data may be provided to the competent governmental authorities in accordance with the current laws of the RF. 12.2 To the extent of functionality of Mail.Ru Services there shall be ensured privacy of messages and maintained confidentiality of the information as regards Users of Mail.Ru, except as permitted by applicable laws of the Russian Federation. 12.3 Mail.Ru Services are not censored. The User shall agree that its incoming and outgoing messages in the Mail shall be subject to automatic processing by Mail.Ru programs ensuring proper transmission, receipt and storage of the messages in the Mail. Mandatory automatic processing in the mail shall include the necessary complex of measures aimed at revelation of malicious code in the transmitted information as well as possibility of blocking or deletion thereof (depending on complexity of the code and software of Mail.Ru Services). These measures shall be only taken to protect Users’ personal computers as well as to decrease the weight on equipment of Mail.Ru. 12.4 The User shall agree that Mail.Ru is entitled to use the generalized registration data for targeting purposes in Mail.Ru Services, thereat Users’ e-mail addresses shall not be disclosed to the third persons. 13. Concept of respect for the Internet users’ rights Users of Mail.Ru Services shall respect the rights of each other and the third persons, observe Internet practices and ethics, shall not take advantage of functionalities of Mail.Ru Services contradicting the current laws as well as ethics and morality. 14. Information security 14.1 The User shall not be entitled to gain access to any other information of Mail.Ru Services except for own User’s information contained in its e-mail box as well as public information contained in Mail.Ru Services. 14.2 If there is found a person performing the actions classified as spam through the Mail of Mail.Ru, Mail.Ru shall be entitled to block receipt of messages from the address of the said person (including the User) to e-mail addresses of Mail.Ru. 14.3 Mail.Ru shall not be liable for security of any Mail.Ru accounts and the User’s passwords if such user access the Mail through the forms of external web-sites. 15. Idle time of the Internet-Service 15.1 Mail.Ru shall be entitled to perform preventive maintenance of Mail.Ru Services with temporary suspension of work of Mail.Ru Services. 15.2 In case of occurrence of force majeure circumstances as well as breakdowns and malfunctions of hardware and software systems of the third persons cooperating with Mail.Ru, or the third persons’ actions aimed at suspension of functioning of all or part of Mail.Ru Services there shall be allowed suspension of work of Mail.Ru Services without prior user notification. 16. Feedback and procedure for claims management The User thinking that its rights and interests are infringed by the actions of Mail.Ru shall be entitled to lodge a claim. Claims shall be considered by the Customer Support Service of Mail.Ru in accordance with the general procedure for consideration of requests. E-mail address of the Customer Support Service of Mail.Ru: support@corp.mail.ru. As regards functioning of Mail.Ru Services the User shall address to the Customer Support Service through the form https://help.mail.ru/mail-support . The User and Mail.Ru shall agree that all the disputes as regards the User Agreement shall be settled in accordance with the current laws of the Russian Federation. 17. General information 17.1 Nothing specified herein shall be deemed establishment of agency relationship, comradeship, joint-cooperation, employment or any other relationship not expressly stipulated herein between the User and Mail.Ru. 17.2 Judicial acceptance of invalidity or unenforceability of any provision hereof shall not entail invalidity or unenforceability of other provisions hereof. 17.3 Omission of Mail.Ru in case of breach of provisions hereof by the User of the third persons shall not deprive Mail.Ru of its right to take the measures protecting its interests later. 17.4 All the disputes between the parties hereto shall be settled by communication or negotiations mandatorily using the pre-action protocol (complaint procedure). In case of the parties' failure to agree by negotiations within sixty (60) calendar days since the date of receipt of a written claim by other party the dispute shall be submitted for arbitration by the interested party at the location of Mail.Ru (excluding jurisdiction of any other courts). 18. Amendments and modifications of the User Agreement 18.1 This User Agreement and agreements as regards certain Services may be amended by Mail.Ru without prior notice. Any amendments of the User Agreement unilaterally introduced by Mail.Ru shall enter into force since the date following the date of posting thereof on the Internet Service/on the pages of the correspondent Mail.Ru Service. The User shall independently check the User Agreement as well as the terms and conditions of the agreements as regards certain Mail.Ru Services for amendments. The User’s failure to familiarize itself with the User Agreement shall not serve as the basis for failure to fulfil the User’s obligations and omission to observe the restrictions stipulated herein and the agreements as regards certain Mail.Ru Services. 18.2 If authorities of the Russian federation adopt any regulations affecting functioning of Mail.Ru and Mail.Ru Services in full or in part, Mail.Ru shall retain the right to anyhow modify functioning of the Mail.Ru Services to bring activity of Mail.Ru in compliance with the new regulations. 18.3 The User shall be entitled to refuse to accept the amendments hereto and/or certain Mail.Ru Services i.e. the User’s refusal to use the Internet Service and/or certain Mail.Ru Services as well as all the earlier granted rights. Using any of the Mail.Ru Services shall mean the User’s unconditional consent to provisions hereof. HI5 TERMS OF SERVICE Jump to Privacy Policy Terms of Service Updated as of February 16, 2017 HI5 DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS. PLEASE BE SAFE WHEN INTERACTING WITH USERS. Read our Online Safety tips. 1 This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Member") by hi5 Inc. ("hi5") through http://www.hi5.com, hi5 mobile applications or otherwise. 2 ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER MAY REGISTER FOR hi5. By accessing the services and/or completing the registration process for the hi5 website, 3 you represent that you are 18 years of age or older, and can and will be legally bound by this Agreement. By registering on hi5, you represent and warrant that you are not required to register as a sex offender with any government entity. 4 No Member may participate where doing so would be prohibited by any applicable law or regulation. We have created side summaries to help you easily locate specific terms within this Agreement. These summaries are for reference only and in the event that there is a discrepancy between this Agreement and the language of the side summaries, the Agreement will prevail. A) Changes to the Terms 5 hi5 reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at hi5's sole discretion. The most recent version of this Agreement will be posted on the hi5 website. 6 Although hi5 will provide notice of material changes to this Agreement on the hi5 website, as a Member it is your sole responsibility to keep yourself informed of any such changes or amendments. 7 Should a Member object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with hi5 in any way, Member's only solution is to immediately: (1) discontinue use of hi5; (2) terminate their hi5 registration; and 8 (3) notify hi5 of termination. B) Description of Services 9 As a Member, you will be provided with a variety of Services, as described on the hi5 website. Members may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. hi5 reserves the right to enhance, change, or discontinue the Services, 10 in whole or in part, at any time, for any reason, or for no reason at all, at hi5's sole discretion, with or without notice to Members, and with no obligation to Members. C) Member Conduct 11 Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. hi5 reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. 12 Nor does hi5 guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, hi5, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that hi5 deems appropriate to enforce its rights and pursue all available remedies. Without limitation, 13 hi5 reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines: 14 Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking. 15 Members shall not list the email addresses of people unknown to them. 16 Members shall not list as referrals any email addresses that are fake, fictitious, or made up. Members shall not list as referrals any email addresses which are owned by or belong to that member. Members shall not attempt to interfere with any other person's use of the Services. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a hi5 employee, forum leader, guide or host. 17 Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the hi5 website. 18 Members shall not use any portion of the hi5 website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation. 19 Members shall not use any portion of the hi5 website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable. 20 Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual. Members shall not use any portion of the hi5 website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation. 21 Members shall not post content that displays pornographic or sexually explicit material of any kind. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18. 22 Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. 23 Members shall not attempt to gain unauthorized access to hi5's database or other computer systems. Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by hi5 in connection with the hi5 website or the Services. 24 Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the hi5 website. 25 Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above. Members shall not use any portion of the hi5 website or the Services for any unlawful purpose. 26 Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account. Members shall not post any contact information on Profile pages, Groups or Newsfeed. Contact information includes email addresses, instant messenger IDs, phone numbers and physical addresses. Members shall not publicly post information that poses or creates a privacy or security risk to another person. 27 Members shall not attempt to buy hi5 Gold outside of the hi5.com website Members shall not attempt to sell hi5 Gold or a hi5 user account. 28 All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of hi5 and its designees. hi5 has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the hi5 Services. hi5 and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of hi5. hi5 is not obligated to provide a Member with a warning prior to removal. D) Privacy 29 hi5 has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://www.hi5.com/terms_of_service.html?priv=y#privacy_policy. The policy explains how and when hi5 may use Member information and content. Member's use of the hi5 website or the Services signifies acknowledgment of and agreement to hi5's Privacy Policy. E) Document Retention Schedule 30 All personal information collected by hi5 in connection with your use of the hi5 website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will may be stored by hi5 indefinitely and will be stored in a safe and secure manner. F) Notice Regarding Commercial Email 31 MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM HI5, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY HI5 FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES. G) Member Account and Password 32 Once Member registers for hi5, Member will have a password and an account with hi5. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify hi5 of any unauthorized use of Member's account or any other breach of security known to Member. H) hi5 Gold 33 You may purchase virtual currency for use solely on the hi5 Site ("hi5 Gold"). Purchases or other acquisitions of hi5 Gold provide only a limited, non-transferable, non-sublicensable, fully-revocable license to use such hi5 Gold to access Services that 34 we expressly make available for use with such hi5 Gold for your personal non-commercial use hi5 Gold is redeemable only on the hi5 site for hi5 digital merchandise and content. hi5 Gold does not expire. hi5 Gold is non-refundable. 35 hi5 Gold has no monetary value and does not constitute currency or property of any type. hi5 Gold is not transferable or assignable. 36 You will not be entitled to a refund, money or any other compensation for unused hi5 Gold and virtual items when an account is closed, whether such closure was voluntary or involuntary. I) VIP Membership 37 You may decide to upgrade your membership to VIP status for an additional monthly cost. If you choose to become a hi5 VIP, your membership will automatically renew on a monthly basis. If, at any point, you wish to discontinue your VIP membership, you may do so at your convenience. If your VIP membership account is billed through our website, you must visit http://www.hi5.com/account_info.html, click the Subscriptions and Payments tab, select 'cancel your subscription' and click 'Cancel VIP'' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly. If your VIP membership account is billed through iTunes, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined here. If your VIP membership account is billed through GooglePlay, you must cancel within 7 days from the start of your billing cycle, by following the process outlined here. J) Mobile 38 hi5 may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. 39 Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges. K) Copyrights, Trademarks, Patents and Intellectual Property Rights 40 Member acknowledges that messages, files or other materials ("Content") contained on the hi5 website and within hi5 email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by hi5 and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 41 Member is permitted to use hi5 Content or third party Content only as expressly authorized by hi5 or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the hi5 Content or third party Content without expressly being authorized to do so by hi5 or the third party advertiser. 42 Member may make a copy of the hi5 Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although hi5 does not claim ownership of content that its Member's may provide to hi5, by providing content to hi5, Members automatically grant, and represent and warrant that they have the right to grant, 43 to hi5 a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content. 44 hi5 respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify hi5's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at: 45 hi5 Copyright Agent 101A Clay St Box #117 San Francisco, CA 94111 (650) 273-4289 copyrightagent@hi5.com Please provide our Agent with the following Notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on hi5 that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 46 Your address, telephone number, and email address; and Your physical or electronic signature. hi5's Agent will forward this information to the alleged infringer. It is hi5's policy to terminate the accounts of repeat infringers. L) Disputes 47 You and hi5 agree that, except as otherwise specifically provided in this Agreement, you and hi5 shall seek to resolve any and all disputes between hi5 and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation: disputes arising out of and/or otherwise relating to hi5's Terms of Service and/or Privacy Policy; disputes arising out of and/or otherwise relating to any Services and/or any content on the hi5 website; disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the hi5 website; disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of hi5; disputes arising out of and/or otherwise relating to any advertising and/or other communications by hi5 in connection with the hi5 website; disputes that are the subject of purported class action litigation in which you are not a member of a certified class; disputes that arose before you entered into this Agreement and/or any prior version of this Agreement; disputes that may arise after you terminate your registration with the hi5 website; and disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. 48 Despite the language agreed to above and as an alternative to arbitration, either you and/or hi5 may bring an individual action against the other in small claims court. Additionally, you and/or hi5 may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against hi5 on your behalf, and/or against you on hi5's behalf. You agree that you and hi5 have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. 49 The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement. For you or hi5 to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). 50 The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.hi5.com/disputeresolution_forms.html to download and complete. 51 A Notice being sent to hi5 must be addressed to: Dispute Resolution Department, hi5, Inc., 101A Clay St, Box #117, San Francisco, CA 94111 ("hi5 Notice Address"). A Notice being sent to you shall be sent to your hi5 e-mail account and to any other e-mail address provided in your registration (collectively, "Member Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the hi5 Notice Address including your name, postal address, Member Notice Address and hi5 User ID number (UID). 52 After receipt of the Notice you and hi5 must attempt in good faith to resolve the dispute set forth in the Notice. If you and hi5 are not able to resolve the dispute within 30 days after the Notice is received, then you or hi5 may initiate an arbitration proceeding 53 against the other by downloading and completing the "American Arbitration Association ("AAA") Consumer-Related-Disputes Form-California (For Use Only In California)" demand for arbitration form available at Demand for Arbitration ("Demand"), and sending a copy of the Demand to the AAA, together with a copy of the hi5 Terms of Service and a check or money order payable to the AAA in the amount of the appropriate filing fee, and sending a copy of the Demand to the other party. 54 The copy of the Demand being sent to the AAA must be addressed as stated on the Demand. A copy of the Demand being sent to hi5 must be addressed to the hi5 Notice Address. A copy of the Demand being sent to you shall be addressed to the Member Notice Address. 55 Please note AAA does not provide hi5 customer support and is only able to provide information regarding initiating an arbitration proceeding against hi5. All concerns regarding your account should be addressed to hi5 by submitting a Ticket. 56 hi5 will try to resolve your concern, and in the case that you are not satisfied with the resolution you may choose to follow the process outlined on the Dispute Resolution Page. Information regarding the appropriate filing fee to send with the Demand to the AAA (including the possible waiver of all or part of that fee) is available at AAA Consumer Arbitration Rules and https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2026862, or by calling AAA Customer Service at (800) 778-7879 or AAA Case Filing Services at (877) 495-4185. Note: AAA does not provide hi5 customer support and is only able to provide information regarding initiating an arbitration proceeding against hi5. If you initiate an arbitration proceeding against hi5 and are not able to pay all or part of the AAA filing fee (and do not receive a waiver of the unpayable amount), and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send a written request for payment of the unpayable amount to hi5 at the hi5 Notice Address. hi5 shall consider your request and will, in its own discretion, either (1) pay the unpayable amount to the AAA directly or (2) send notice to you of its denial of your request within 10 business days of the receipt thereof. Further, if you initiate an arbitration proceeding against hi5, and so long as the total amount of the relief you are seeking in the Demand is $10,000 or less, then you may send proof of your payment of all or part of the AAA filing fee to hi5 at the hi5 Notice Address, and hi5 shall reimburse you for that actually paid amount. 57 The arbitration shall be administered by the AAA and shall be governed by the AAA Commercial Arbitration Rules and Mediation Procedures and the AAA Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules"), as modified by this Agreement. The AAA Rules are available online at AAA Consumer Arbitration and Consumer Arbitration Rules, or by calling AAA Customer Service at (800) 778-7879. (Additional information about the arbitration process, presented in a simplified FAQ format, is available at http://www.hi5.com/disputeresolution.html. The arbitrator selected to resolve the dispute between you and hi5 shall bound by the terms of this Agreement. All arbitration hearings shall take place exclusively in 58 San Francisco County, California. Except, however, that if the total amount of the relief you are seeking in the arbitration is $10,000 or less you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing, as established by the AAA Rules. 59 If the total amount you are seeking is greater than $10,000 then your and hi5's respective rights to an arbitration hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based. In addition to any reimbursement of AAA filing fees as detailed above, and so long as the total amount of the relief you are seeking in the arbitration is $10,000 or less, hi5 shall pay all other AAA administration fees and all arbitrator fees for the arbitration. Except, however, that if the arbitrator in such action finds that either the substance of your dispute against hi5 or the relief you are seeking in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration and arbitrator fees in such action shall be governed by the AAA Rules. In said event, you hereby agree to reimburse hi5 for all monies paid by hi5 that are your obligation to pay under the AAA Rules. 60 Additionally, if the total amount of the relief you are seeking in the arbitration is greater than $10,000 then the payment of all AAA filing, administration and arbitrator fees shall be governed by the AAA Rules. 61 You and hi5 agree that unless and until the arbitrator determines the monetary and/or other relief, if any, to which you and/or hi5 is entitled in connection with the dispute being arbitrated, neither you nor hi5 shall disclose to the arbitrator the amount of any settlement offer(s) that you and/or hi5 previously made to the other in connection with said dispute. In any individual arbitration between you and hi5, 62 if the arbitrator issues you an award that is greater than the value of hi5's last written settlement offer to you then hi5 shall: pay you the amount of the award or $2,500 (the "Member Incentive"), whichever is greater; and pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against hi5 in the arbitration (collectively, the "Attorney Incentive"). 63 However, if hi5 did not make any written settlement offer to you prior to the arbitrator in said individual arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against hi5, you and your attorney (if any) shall be entitled to receive the Member Incentive and the Attorney Incentive, respectively. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the individual arbitration and/or upon request by you and/or hi5 made within 14 days of the arbitrator's ruling on the merits of said individual arbitration. The Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the individual arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If hi5 prevails in an individual arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, hi5 hereby agrees that it shall not seek and shall refuse to receive such an award. The arbitrator may award any form of individual relief in your favor, but solely to the extent warranted by your individual Claim. You and hi5 agree that, except as otherwise specifically provided in this Agreement, 64 you and hi5 may bring a Claim against the other solely in your or hi5's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, except as otherwise set forth herein, no arbitrator may consolidate more than one person's Claim and/or otherwise preside over any form of a representative or class proceeding. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void. 65 AT ANY TIME AND IN ITS SOLE DISCRETION hi5 MAY DIRECT THE AAA TO CONSOLIDATE ANY AND ALL PENDING INDIVIDUAL ARBITRATION CLAIMS THAT (i) ARISE IN SUBSTANTIAL PART FROM THE SAME AND/OR RELATED TRANSACTIONS, EVENTS AND/OR OCCURRENCES, AND (ii) INVOLVE A COMMON QUESTION OF LAW AND/OR FACT WHICH, IF RESOLVED IN MULTIPLE INDIVIDUAL AND NON-CONSOLIDATED ARBITRATION PROCEEDINGS, MAY RESULT IN CONFLICTING AND/OR INCONSISTENT RESULTS. IN SAID EVENT, YOU HEREBY CONSENT TO CONSOLIDATED ARBITRATION, IN LIEU OF INDIVIDUAL ARBITRATION, OF ANY AND ALL CLAIMS YOU MAY HAVE AGAINST hi5 AND THE AAA RULES SET FORTH HEREIN SHALL GOVERN ALL PARTIES. Additionally, in said event, if the arbitrator issues you an award that is greater than the value of hi5's last written settlement offer to you then hi5 shall: 66 pay you the amount of the award or three times the amount of hi5's last written settlement offer to you (the "Member Incentive"), whichever is greater; and pay your attorney, if any, twice the amount of any fees, and reimburse said attorney any expenses (including expert witness fees and costs), that said attorney reasonably and actually accrues in investigating, preparing and pursuing your Claim against hi5 in the arbitration (collectively, the "Attorney Incentive"). 67 However, if hi5 did not make any written settlement offer to you prior to the arbitrator in said consolidated arbitration issuing you an award, then so long as the arbitrator awards you any monetary relief on the merits of your Claim against hi5, then you shall be entitled to receive the award and/or $500, whichever is greater, and your attorney (if any) shall be entitled to receive the Attorney Incentive. As also noted above, the arbitrator may make rulings and resolve disputes as to the payment and reimbursement of any fees and/or expenses, the Member Incentive and/or the Attorney Incentive at any time during the consolidated arbitration and/or upon request by you and/or hi5 made within 14 days of the arbitrator's ruling on the merits of said arbitration. Similarly, the Attorney Incentive supplements and does not supersede any right you may have under applicable law to receive attorneys' fees and/or expenses in connection with the consolidated arbitration (including as may be awarded to you by the arbitrator), but in no event may you recover a duplicative award of attorneys' fees and/or expenses. If hi5 prevails in a consolidated arbitration against you and is entitled under applicable law to receive attorneys' fees and/or expenses, hi5 hereby agrees that it shall not seek and shall refuse to receive such an award. If all or part of this specific paragraph is found by a court of competent jurisdiction to be unenforceable after final appeal, then the entirety of this Dispute provision shall be deemed null and void. 68 Notwithstanding any provision in this Agreement to the contrary, you agree that if hi5 changes this Dispute provision in the future (other than a change to the hi5 Notice Address and/or any Internet address, telephone number and/or document title set forth in this provision) you may reject that change by sending written notice within 30 days of the change to hi5 at the hi5 Notice Address. By rejecting said change you reaffirm that you shall seek to resolve all disputes between you and hi5 solely through arbitration in accordance with this Agreement. If there is a dispute between participants on this site, or any third party, hi5 is under no obligation to become involved. In the event that Member has a dispute with one or more members, 69 Member hereby releases hi5 and its directors, officers, employees, agents, independent contractors, representatives, parents, subsidiaries, affiliates, successors, assigns and licensees from all claims, actions, losses, liabilities, judgments, damages, costs and expenses of every kind or nature (regardless of whether actual or consequential, known or unknown, suspected or unsuspected, disclosed or undisclosed), arising out of or in any way related to such disputes and/or any the Services. 70 If Member is a California resident, Member hereby waives California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." M) Termination Either party may terminate use of the hi5 website or the Services with or without cause at any time and effective immediately upon written notice to the other party. 71 hi5 may terminate with or without cause at any time and effective immediately, at hi5's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. 72 hi5 shall not be liable to Member or any third party for termination of use of hi5 or the Services. Member's right to use hi5 or the Services shall cease immediately. Member shall have no right and hi5 will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement. N) DISCLAIMERS OF WARRANTIES 73 MEMBER AGREES THAT USE OF THE hi5 WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE hi5 WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, 74 hi5 DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE hi5 WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, hi5 DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE hi5 WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE hi5 WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, hi5 DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. O) LIMITATION OF LIABILITY 75 UNDER NO CIRCUMSTANCES SHALL hi5 BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE hi5 WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE hi5 WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE hi5 WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE hi5 WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES OR ANY LINKS ON THE hi5 WEBSITE, 76 AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE hi5 WEBSITE OR THE SERVICES OR ANY LINKS ON THE hi5 WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. P) Indemnification 77 Member agrees to indemnify and hold hi5, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Member agrees to hold hi5 harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement. Q) Governing Law 78 The Agreement and the relationship between Member and hi5 shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and hi5 nevertheless agree that the court should strive to give effect to your and hi5's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. 79 You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to hi5, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. hi5 makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws. R) Agreement 80 The Agreement makes up the entire agreement between Member and hi5 and governs your use of hi5 and the Services, superseding any prior agreements between Member and hi5. 81 You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of hi5 to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. 82 In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail. Contacting hi5 Users with questions about this Terms of Service and any of the above statements may contact hi5 by writing to: hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111. hi5 is not in any way related to, affiliated with, endorsed or sponsored by Nine Networks Australia's Hi5 television show or any related products bearing its trademark "Hi5." In order to access or register for hi5 you have to agree to the rules in this Agreement. You have to be at least 18 years old to use the Services. These side summaries are for your reference, so that you can easily find information within the Agreement. Please read the entire Agreement to your left for all details governing the use of the Services. We can change the terms of this Agreement at any time. We will provide a notice on the site if there is a major change. It is your responsibility to ensure that you are aware of any changes. If you disagree with the current rules or any changes to the rules you should cancel your account. You can view our Services and features on the website. We can change or discontinue the Services and features offered on the site at any time. If you engage in prohibited behavior we may suspend or cancel your account. We have the right to monitor your account and any of your content, communication or behavior associated with that account to ensure that you are following the rules. We may terminate your account if we find that you are in violation of any of our rules or if we find that you are engaged in prohibited behavior. You shall not engage in harassment or stalking. You shall not provide any information that is false or belongs to another person. You shall not pretend to be someone that you are not. You shall not use this site to sell or advertise anything without written permission from hi5. You shall not send spam or junk mail. You shall not use any abusive language. You shall not post any illegal content or participate in any illegal activity. You shall not post pornographic or other inappropriate material. You shall not provide information instructing others on how to commit illegal acts. You shall not attempt to access an account or information that does not belong to you. You shall not attempt to impair the Services. You shall not collect personal data about other Members. You shall not try to gain access to another user’s account. You shall not attempt buy or sell Gold or user accounts. We will solely decide whether you violate any guideline and may prevent you from uploading content, may delete your content and your entire account. See our Privacy Policy for details on what information we collect and use. We can choose to store certain data for an infinite amount of time. We can choose to store certain data for an infinite amount of time. You agree to receive commercial messages from us. Don’t share your password or login information. Gold is virtual currency that can only be used on the hi5 site for hi5 Services. You are not allowed to buy Gold outside of the hi5 website. You are not allowed to sell or give away Gold. Purchases of Gold are not refundable, even if your account is cancelled. We offer a VIP membership at a monthly cost. If you access our Services through your mobile phone, your mobile phone company may charge you for use of data. You are responsible for these charges. When you use your mobile phone hi5 may collect additional information, including your location. Our content is protected by certain rights, including copyrights, trademarks, service marks, patents, etc. You may not use hi5 content outside what is allowed by these terms. We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to hi5. You may not post content unless they have the right to grant us rights to the content. We do not allow infringement of a copyright holder's rights. Any known infringement should be reported to us. Please notify us of any copyright infringement by contacting us directly. Please provide the requested information so that we can take necessary action and remove the infringing content. You agree to resolve all disputes with us through arbitration. In addition to arbitration, you or hi5 may file a claim in small claims court or bring a claim to the attention of the federal, state or local government. You and hi5 waive any rights to trial by jury and all rights to participate in a class action. Before beginning the arbitration process either you or hi5 has to provide a notice to the other party. You must mail the notice to hi5. hi5 may send the notice to your email address. After receiving notice we will both try to resolve the dispute. If we cannot reach an agreement within 30 days, then you or hi5 can start the Arbitration process. Arbitration will be conducted by the American Arbitration Association (AAA). You may submit a request for payment assistance to hi5. hi5 will provide assistance with payment of arbitration fee if you are unable to pay and otherwise qualify for the assistance. The arbitration will be conducted by the AAA, under their rules. All arbitrations will take place in San Francisco, California. If the amount in dispute is less than $10,000, you may choose to conduct the arbitration by phone or through document submission. If your claim is for $10,000 or less you may be entitled to have us pay for all the arbitration fees. Until the arbitrator issues a monetary award neither you nor hi5 will disclose any settlement offers to the arbitrator. If an arbitration results in an award to you that is greater than our last written offer, you may be entitled to receive additional fees from us. If we did not make any written offer and an arbitrator issues an award you and your attorney may be entitled to receive additional awards. You and hi5 agree that any claims brought will be solely on behalf of you or hi5 and not as part of a class action. hi5 may request the AAA to combine related arbitration claims from members when such claims are related. If the AAA grants you an award that is higher than the last written settlement offer from hi5, if any, you may be entitled to additional fees from hi5 above the amount of the award granted by the AAA. If we did not make any written settlement offer prior to arbitration you may also be entitled to receive additional fees. If we change this Dispute provision you may reject the change by a written notice to us and reaffirm that you and hi5 will only resolve disputes through arbitration. We are not required to become involved with disputes between you and any other participant on the site. We will not be responsible for any disputes between you and another participant on the site. We have the right to cancel your account for any reason or without a reason. We will not be required to provide you with copies of your account content once your account is cancelled. This may include photos, videos and messages. We are providing services on an "as is" basis and makes no promises that the site or its services are intended to fulfill a particular purpose. We are not responsible for any goods or services received through, advertised or otherwise displayed on the site. We will not be responsible for any damages resulting from your use or misuse of the site. We will not be responsible for any damages resulting from services or products advertised or displayed on the site. If your breach of this Agreement results in a dispute involving hi5 and related parties, you will be responsible for any attorney's fees, court costs, penalties, monetary payments due and any other required action that is required to correct the injury resulting from your breach. If there are any disputes between you and hi5, they will be governed by California law and this Agreement will be interpreted under California Law. Any claims filed by you related to this Agreement must be filed within 1 year of the incident. This Agreement governs your use of the Site. You may also be subject to additional rules from our affiliate services that may apply to third-party content or software. These side summaries are for your reference only. Please read the entire agreement to your left for all details governing your use of hi5. HI5 PRIVACY POLICY Updated as of March 19, 2015 How hi5 Works 1 hi5 (the “Site” or “hi5”) is a social discovery website that lets you (the “Member”) meet and interact with new people and stay in touch with friends. When you visit and interact with hi5 you may provide information about yourself or your opinions, and it is wise to be aware of the personal information that you are sharing. 2 At hi5 we understand this and we have established this Privacy Policy to explain how we collect information from you and how this information is used. We have created side summaries to help you easily locate specific terms within this policy. 3 These summaries are for reference only and in the event that there is a discrepancy between this Privacy Policy and the language of the side summaries, the Privacy Policy will prevail. Who is Eligible to Use hi5 To use hi5, you must be 18 years of age or older. Anyone under age 18 is prohibited from registering for and using hi5. 4 By registering on hi5, you represent and warrant that you are not required to register as a sex offender with any government entity. No Member may participate where doing so would be prohibited by any applicable law or regulation. Children and Safety 5 hi5 is a general audience web site for Members who are 18 years of age or older. The safety and privacy of children is extremely important to hi5 and we use the safeguards described below to protect children. Our registration process is designed to restrict children under age 18 from becoming Members of hi5, through use of an age gate mechanism on the registration page. 6 If we receive information suggesting that a Member of hi5 is under age 18, we require the Member to provide evidence, the nature of which to be determined by hi5, confirming that the Member is at least 18 years old, and we reserve the right to suspend the Member’s account while we review the evidence and verify the Member’s age. If the Member fails to provide such evidence within 48 hours, we may terminate the Member's account and delete all personal information displaying on the site. 7 We prohibit Members who are under 18 years of age. For more information about protecting your privacy, please visit the Federal Trade Commission’s web site. In addition to the previously mentioned safeguards for the detection and removal of Members under the age of 18, 8 we have a process for parents to contact hi5 directly so that we can take the proper steps required to be in compliance with the Children’s Online Privacy Protection Act (COPPA). Parents: If your child is under the age of 13 and has joined hi5 using a false age, please notify hi5 at parentcare@hi5.com, and we will terminate your child's account and delete all personal information displaying on the site. If you would like to know more about our site, stored information about your child, or how to terminate your child's account, please send your request by mail to Customer Experience hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111 or submit your request online at https://support.tagged.com. We will happily respond to all communications from parents with privacy questions or concerns. Information hi5 Collects and How hi5 Uses That Information Registration Information 9 When you register to become a Member of hi5, you are required to provide us with certain personal information, including your first and last name, gender, email address, zip code (or country and city) and date of birth. You also will be required to select a password for accessing your hi5 account. To complete the registration process, we send you a validation email message with a URL link back to the Site. The URL link contains a unique user ID that our computer system will use to identify you whenever you log on to hi5. 10 Once you receive the validation email, you must click on the URL link and follow the instructions so that we can authenticate your identity, Member ID and registration. If you register using our mobile application you will have the option to use our “nearby” feature, which will allow you to search for your GPS location and will fill in your country and city on the registration form. hi5’s Use of Your Information 11 hi5 uses certain of your personal information to enable you to interact, or to enhance your experience, with the Site and its features. hi5 allows Members to provide information to a personal profile that is accessible to other Members. 12 We publicly display some of your personal information, such as your picture and name, in your Member profile. To make searching and finding friends and acquaintances on the Site easier we allow Members to search for other Members using a first and last name, an email address, a location or schools that the Member may have attended. Members may choose to arrange their settings so that their profiles, photos, contact information and ability to be located in searches cannot be seen by anyone other than accepted friends. 13 Members also can pre-approve comments before they appear on their profiles and block other Members from accessing profile information. These privacy procedures enable individual Members to determine how much information to share with potential friends and unknown users and Members. 14 Unless you configure your account settings to remain private, all registered Members will be able to view any personal information that you disclose in your public profile, including without limitation your photos, videos, and friend list pages, which may include personal information (including responses to survey questions). For your privacy and safety, please do not post direct contact information in your profile, such as email addresses, URLs, instant messenger IDs, phone numbers, full names, or mailing addresses. Posting of such information to Profile pages, Groups or Newsfeed shall be considered a violation of our Terms of Service. 15 We also caution you not to share sensitive information (such as full names, social security numbers, credit card numbers, and driver's license numbers) with other Members whom you do not know well, or place such information in your profile. Be aware that when you publish content or information on the Site using the "everyone" setting, you are allowing everyone, including non-Members and people off hi5, to access that information and to associate it with you. Our Browse feature allows you to search for members based on the criteria that you select. When you search for members using our Browse feature, members may be able to see that you are using the Browse feature or searching for people like them and may receive notifications of your search. 16 We use your profile information for the purposes of providing our services to you, such as to analyze demographics, to better personalize our various offerings for you and other Members, and to enable other Members to find your profile. 17 We also use your email address to communicate with you about the Site and its features. From time to time, we may share your email address [and/or other personal information] with third parties for marketing purposes. 18 You can opt out of having your email address shared with third parties for marketing purposes by sending your request by mail to Customer Experience, hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111 or by submitting your request online at https://support.tagged.com. In addition, we may share your email address with third parties to target advertising and to improve your user experience on the Site. We also may use the email addresses that are in your address books, or that you otherwise provide, to invite your friends to join hi5, as detailed in the Invitations section below. Information That You Share When You Use hi5 19 When you use hi5, we store certain information that you may actively or passively share or disclose, including your Member ID, name, location, email address, photos, videos, friend connections, incoming and outgoing messages, incoming and outgoing comments and login information. 20 When you visit particular pages within hi5, you may be allowed to customize features on those pages and we may keep track of your customized preferences. We also use various technologies to remember you and create a more personalized experience for you on the Site, as detailed in the Clickstream Data, Cookies and Other Technology section below. 21 We also track your use of the Site, including the pages that you visit once you sign in, how much time is spent on each page, features that you click on and other behavior. We use this information to improve our site and may also share this information with third parties for the purposes of enhancing your user experience. Clickstream Data, Cookies and Other Technology We receive different types of data from the computers and/or servers that you use when you access hi5: A cookie is a small piece of data that is sent by hi5 or its advertisers to your Internet browser and stored on your computer’s hard drive, and that delivers information about you and your activity on the Site. Pixel tags are tiny graphic files that can function in various ways (such as allowing us to track how you view an email that we send you) and are commonly used in conjunction with cookies. Local storage is similar to a cookie but is instead located on your browser and can store more information. 22 Other data that we receive when you use hi5 includes “clickstream information” such as your IP address, the type of operating system and/or browser that you use, your location, and the pages that you visit. 23 Like many other websites, we use clickstream information and technologies such as cookies, pixel tags and local storage to allow enhanced features, enable customizable content, and provide you with the best possible user experience. 24 We may also share your clickstream information and information collected from cookies, pixel tags and local storage with our vendors and partners for the purposes of enhancing your user experience. You can configure your Internet browser, to accept all cookies, reject all cookies or notify you before accepting a cookie. Many Internet browsers also allow you to disable local storage or delete information contained in local storage. Each Internet browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. For information on disabling or deleting information contained in local storage, please click here. If you choose not to accept cookies and/or to disable or delete local storage, be aware that you may not be able to access and enjoy all the features of the Site. 25 Some of hi5’s advertisers may also use cookies for various reasons, including to monitor the effectiveness of their advertising. We do not have access to or control over how our advertisers use cookies . 26 If you would like more information about advertisers' use of cookies, and about your option to limit such use, please click here. 27 From time to time we may extend to you information and offers from our partner companies, including news and additional details on products and services. Your usage history may result in offer screens or products specifically tailored to you. We may also produce reports for advertisers that aggregate, in an anonymous manner, information about your and other Site users’ activity on hi5. 28 For example, we may report to advertisers the number of Members who clicked on an ad, or the number of Members that visited different portions of the Site. This information will not include your personal information, or specify your individual online usage patterns. Information That hi5 Receives From Others 29 Certain websites that are not affiliated with hi5 might place a code or other identifying user information in your browser address when you visit their websites. If you visit hi5 after you have visited one of those websites we may store this identifying information from your browser address. How hi5 Responds to Do Not Track Signals 30 At this time hi5 does not respond to Do Not Track Signals and similar mechanisms. Any such signal sent to our site automatically by a web browser will not be recognized and no action will be taken. You may exercise certain choices regarding online tracking by following the instructions in this privacy policy. You can also read more about online advertising here. 31 Third party advertisers may be collecting information about Member behavior across different websites. hi5 has no control over third parties and their collection or use of such information. You may be able to opt out of certain collection of information across browsers and by advertisers by going to the links provided in the “Clickstream Data, Cookies and Other Technology” section. Third Party Websites and Ad Servers 32 When using hi5, you may encounter links to websites that are not owned, controlled or affiliated with hi5 and/or ads delivered by third party ad servers. Please be aware that any third party websites and ad server ads that are found on hi5 may use cookies, pixel tags, local storage and similar technologies. We are not responsible for, or have any control over, the privacy policies of those third party websites and ad servers, and we encourage you to read the privacy policies of each and every website visited when linking directly from hi5. Sharing Your Content 33 hi5 allows Members to upload and share content. You own the content that you post on hi5 and, through your privacy settings, have the ability to control how it is shared. 34 For content that is covered by intellectual property rights, including but not limited to photos, videos and written compositions (“IP Content”), you specifically give us the following permission: You grant us an unconditional, non-exclusive, transferable, sublicensable, royalty-free, worldwide and perpetual license to use any IP Content that you post on or in connection with hi5 ("IP License"). 35 For example, we may make commercial use of and/or otherwise display your name and/or IP Content in or in connection with endorsements of and/or advertisements promoting hi5 and its services. This IP License ends when you delete your IP Content or terminate your hi5 account, unless your IP Content has been shared with others, and they have not deleted the content if your IP Content was incorporated into an endorsement or advertisement prior to your deletion of the IP Content. When you delete your IP Content or terminate your hi5 account, your IP Content is removed from the Site., you understand that we may maintain backup copies of the IP Content. Invitations to Join hi5 36 The Invite Friends feature is an easy way for you to invite friends through email to use and become Members of hi5. The email addresses that you supply to hi5 through this feature will be used only to send invitations, and in some cases invitation reminders, to the addressees, asking them to connect with you on hi5. When you invite a friend to use hi5 through email, your name will appear as the sender of the email from a hi5 email address. Surveys and Contests 37 At various times we may offer you the opportunity to participate in surveys and contests. Surveys may ask for your contact, demographic or unique identifying information to increase the value of the results. Contests may require your contact information or other demographic or personal information to determine eligibility. hi5 may use information collected from surveys and contests for the entertainment of Members, and to determine, identify and contact winners of various contests. In addition, your demographic and/or personal information and responses to survey and contest questions may be used by hi5 and/or shared with third parties in relation to the survey and contest to provide offers or advertisements specifically tailored to you. hi5 will not share your email address with a third party unless you specifically opt in to permit such sharing during the completion of or registration for a survey or contest. Protection of hi5 and Others 38 hi5 may disclose your personal information, clickstream data, cookies and information from other technologies if hi5 is required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. hi5 may also disclose information about you to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: (i) enforce our Terms of Service; (ii) respond to claims that any posting or other content violates the rights of third-parties; (iii) respond to your requests for customer service; or (iv) protect the rights, property, or personal safety of hi5, its Members or the general public. Security and Data Retention 39 All personal information collected by hi5 in connection with your use of the Site and described in this Privacy Policy, including without limitation your name, location, email address, photos and videos, friend connections, messages, comments, login information, IP address and other data, will be stored by hi5 indefinitely. 40 hi5 uses industry standard security measures to prevent the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by hi5 in a secure operating environment that is not available to the public, we cannot guarantee complete security. 41 Also, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. Lastly, we cannot and do not ensure the adequacy or performance of any security measures that may be undertaken by Site advertisers or other third parties that may have access to your personal information on or through the Site. Updating or Removing Your Member Information or Opting Out 42 As a Member, you may at any time choose to correct or update the information you have submitted to us. To change or update your information: 43 Log in to your hi5 account on the Site. Click the "Account" link on the top right hand corner. Follow the instructions to change or edit any of the information there. As a Member, you also may at any time cancel your account by following the instructions set forth here: https://support.tagged.com/hc/en-us/sections/200549364-Account-Information Upon cancellation of your account, your profile will no longer display on the Site. You will receive no further communication directly from us and we will not share your personal information with third parties for marketing purposes. However, any content that you may have posted on other public pages and the profile pages of other Members will remain unless deleted by you prior to cancellation. You may still receive user generated email messages from your friends inviting you to join hi5 or information from third parties with whom your information was shared prior to such a cancellation in compliance with this privacy policy. We may maintain backup copies of your information and content indefinitely. How hi5 Communicates With You 44 If you want to hear from us more, or hear from us less, you can manage your communications preferences by logging in to the Site, going to your Account Settings page, and under the Email Preferences section checking or un-checking the applicable boxes. If you cancel your hi5 account, thereafter you will receive no further communications directly from us and we will not share your personal information with third parties for marketing purposes. 45 However, you may still receive user generated email messages from your friends inviting you to join hi5 or information from third parties with whom your information was shared prior to such cancellation in compliance with this privacy policy. No Spam Policy 46 hi5 is opposed to spam. Our No Spam Policy and Terms of Service prohibit all Members from engaging in any activity on our Site involving spam. 47 Violations of these prohibitions may result in immediate termination of service and legal action against the Member. hi5's Terms of Service expressly prohibit Members from uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial ads, or other form of commercial solicitation on the Site or through hi5's services. 48 A violation of our spam policies and/or any unauthorized use of hi5’s computer systems could result in the violation of certain federal and state laws. Change of Ownership at hi5 49 In the event of a change in ownership at hi5, we reserve the right to transfer your information to the new owner or a related company. If that ever happens, we will notify you and you may choose to modify any of your registration information at that time.50 Changes to This Privacy Policy 51 hi5 reserves the right to amend or modify this Privacy Policy and our other policies and agreements at any time and in any manner. If we make any changes to this Privacy Policy or our other policies and agreements, we will post a notice about these changes on the Site, and your continued use of the Site thereafter will signify your agreement to such changes. If we materially change how we use your personal information, we will let you know before we do so and you may choose how you want to proceed at that time. Contacting hi5 52 If you have any questions about our Privacy Policy or how to access your personal information, you can contact us by sending your request by mail to Customer Experience, hi5.com, 101A Clay St, Box #117, San Francisco, CA 94111 or by submitting your request online at Online Help. YOUR USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY. Effective Date March 19, 2015 Douban Use Agreement 1 accept the terms (Hereinafter referred to as "watercress") in accordance with the following terms of service to provide you with services. These terms may be updated at any time and are subject to change without notice. Douban use agreement (hereinafter referred to as "the use of agreement") in the event of change, Douban will be published on the page to modify the content. Once the modified use of the agreement once published on the page that is effective to replace the original use of the agreement. In addition, when you use the watercress special service, you and Douban should follow the instructions and rules related to the service at any time. All of the preceding guidelines and rules constitute part of the use agreement. Before you can use the services provided by Douban, you should read this agreement carefully. If you do not agree to the use of the agreement and / or any changes to you at any time, please immediately stop using the full service provided by the watercress network; once you use the watercress service, you are aware and fully agree with the contents of the use of the agreement , Including any changes made to the use of the agreement at any time, and become a water user (hereinafter referred to as "user"). 2 Service Description Douban currently offers the following services to users: Publish and share reviews on books, movies and music; collect books, movies, music; publish topics, diaries, upload pictures in Douban; publish or participate in various activities in the same city. Except as otherwise expressly provided in this Agreement, any new features of the Service, including new products introduced, are subject to the terms of this Agreement. You understand and agree that the Service is provided only in its current circumstances and that Douban is not responsible for any user information or personalization of the timeliness, deletion, delivery error, no storage or any other problem. Doubles reserves the right to suspend any part of the Service for maintenance, upgrades or other purposes without prior notice. 3 comply with the law You agree to abide by all the provisions of the laws and regulations of the People's Republic of China and take full responsibility for any use of your password and any use of your services and your use of the Service in any manner. If your conduct violates any of the provisions of national laws and regulations, it may constitute a crime, will be held criminally responsible, and you bear all the legal responsibility. At the same time, if Douban has reason to believe that any of your actions, including but not limited to any of your statements and other acts in violation or may violate any of the provisions of national laws and regulations, Douban may at any time without prior notice to terminate the provision of services to you. 4 your registration obligation In order to be able to use the Service, you agree to the following: Please fill in the correct registration email, password and name, and ensure the validity and legality of the updated login email, name, avatar and other information. If you provide any information that is illegal, unethical or Douban that is not suitable for display on Douban; or Douban has reason to suspect that your information is a program or malicious operation, Douban has the right to suspend or terminate your account and refuse you to The future use of the service in whole or any part. Douban is not responsible for any registration information of any user, including but not limited to identifying, verifying the authenticity, correctness, completeness, applicability and / or liability of any registered information. 5 user account, password and security After completing the registration process of this service and registering successfully, you can use your email and password to log in to your account ("account number"). It is your responsibility to protect your account security. You are responsible for all activities that use your password and account number. You agree: 1) You will be notified immediately if your Douban account has been used for unauthorized use or if any other security issues have occurred. 2) If you do not keep your account and password, resulting in any loss or damage, Douban can not and does not assume any responsibility; 3) Each user is responsible for all actions and events in his account. You will be held responsible for damage to you, Douban or a third party if you have not kept your account and password. Privacy Policy The information provided by you and the number of other information about you will be subject to the laws of China regarding privacy and the Company's Privacy Statement. 7 the responsibility of the supplier In accordance with the relevant laws and regulations, Douban hereby solemnly draws your attention to any text, information, information, music, photographs, graphics, video, information or other information (hereinafter referred to as "Content") published and uploaded via the Service, Open or private, by the content provider to take responsibility. Douban only provides users with content storage space, can not control the content transmitted through the service, so do not guarantee the correctness, completeness or quality of the content. You may be aware of the use of the Service, may be exposed to the unpleasant, inappropriate or disgusting content. In any case, Douban is not responsible for any content, but Douban has the right to legally stop the transmission of any of the foregoing and take appropriate action, including but not limited to the suspension of the user to use the service in whole or in part, save the record, and to the relevant authorities report. 8 user behavior The User agrees that it will not use the Service for any illegal or improper activities, including but not limited to the following: 1) publish or otherwise transmit information containing one of the following: · Against the basic principles established by the Constitution; · Endanger national security, divulge state secrets, subvert state power, and undermine national unity; · Damage to national honor and interest; · Incite national hatred, national discrimination, and undermine national unity; The destruction of national religious policies, the promotion of cults and feudal superstition; Spread rumors, disrupt social order and undermine social stability; The spread of obscenity, pornography, gambling, violence, murder, terror or instigation of crime; Insult or slander others and infringe upon the legitimate rights of others; Contains false, fraudulent, harmful, coercive, infringing upon others' privacy, harassment, infestation, slander, vulgarity, obscenity, or other ethically offensive content; • Contains Chinese laws, regulations, rules, regulations, and any other content that is restricted or prohibited by any legally binding specification; · Contains watercress that is not suitable for the show on the watercress; 2) in any way endanger the legitimate rights and interests of others; 3) posing as any other person or institution, or in a false or false manner, or in relation to any person or institution; 4) will be issued in accordance with any law or contract or legal relationship (such as due to employment relationships and internal information, proprietary and confidential information that is known or disclosed in a confidential contract) but is not authorized to transmit, send an e-mail or other Way to send; 5) to publish or otherwise transmit the contents of infringement of copyright, patent rights, trademark rights, trade secrets, or other exclusive rights (hereinafter referred to as "exclusive rights"); 6) to publish, send or otherwise transmit any advertising letter, promotional material, "spam", "spam", "chain letter", "direct selling" or any other form of solicitation; 7) Computer viruses designed to interfere with, destroy or restrict any computer software, hardware or communication equipment (including but not limited to trojan horses, worms, time bombs, cancelbots Referred to as "viruses") or other computer code, files and programs, to be published, sent or otherwise transmitted; 8) to interfere with or disrupt the services or services connected to the server and network, or breach of any of the provisions of the service network connection procedures, procedures, policies or norms; 9) track, human flesh search or otherwise harass others; 10) intentionally or unintentionally violating any applicable local, national law, and any legally binding rules; 11) to intercept, tamper, collect, store or delete personal information, station mail or other data, or to use such information, for any unlawful or unlawful purpose, without legal authorization. You acknowledge that Douban has not exercised full control over the user's use, and that you agree to take judgment and assume all risks when you use any content, including reliance on the correctness, completeness or usefulness of the foregoing, Watercress. But in its sole discretion, refuse and remove any content that may be provided by the Service in violation of these Terms or any other cause of Douban's resentment. You understand and agree that Douban shall be kept or disclosed in accordance with the requirements of laws and regulations or on the basis of good faith for the purpose of, or to the extent reasonably necessary, that the contents must be kept or disclosed: A) comply with legal process; B) the implementation of this agreement; C) respond to the claims of any third party; D) protect the rights, property or personal safety of Douban, its users and the public; E) other Douban that is necessary. 9 Special warnings of international use You are aware of the Internet without borders and agree to abide by all local laws and regulations regarding online conduct and content. You specifically agree to comply with all applicable laws and regulations regarding the transmission of information from China or your country or territory. 10 Public information published on Douban 1) In this Agreement, "the use of the Service Area" means the area that the general public may use; 2) The user uploads or publishes the contents of the watercress, the user shall ensure that it is a copyright owner or has obtained a legal authorization, and the content will not infringe the legitimate rights and interests of any third party, the user agrees to grant all of the above content in the global free , Irrevocable, indefinite, irrevocable, or transferable license, which will be entitled to use the foregoing in a manner that is shown, extended and otherwise prohibited by my law. 11 compensation As a result of your offer, distribution or delivery of the content through the Service, you are connected with the Service, you violate our Terms of Use, or you infringe any of the rights of any person and consequently cause any third party to make any claim or request, including reasonable solicitor Fees, you agree to indemnify and hold harmless and will be liable for any liability arising out of and in connection with the rights and obligations of Watercress and its subsidiaries, affiliates, officers, agents, co-owners or other partners and employees. 12 General measures regarding use and storage You agree not to reproduce, copy, sell, resell or use for any other commercial purpose in respect of the use or acquisition of any part of the Service or the Service. You acknowledge that the use of the Service has the right to formulate general measures and restrictions, including but not limited to the maximum number of published or other published content of the Service, and the maximum number of times you have used the Service (and The upper limit of the use time). You agree that Douban is not responsible for any information, communication materials and other content published or transmitted through the Service, such as being deleted or not stored. You also agree that Douban has the right, at its sole discretion, to change these general measures and restrictions at any time, regardless of the notice or not. 13 Service modifications Douban has the right to temporarily or permanently modify or terminate the Service (or any part thereof) at any time, and whether or not it is notified or not. You agree that any modification, suspension or termination of this Service will not be liable to you and any third party for any reason. 14 Termination of service You agree to terminate your account or use of the Service (or any part of the Service) for any reason, including, but not limited to, lack of use, or that Douban considers you to have violated the terms and conditions of this Agreement, And remove and remove any of your contents from the Service. You agree that any service provided under this Agreement shall be discontinued or terminated without prior notice and you acknowledge and agree that Douban may immediately close or delete all relevant information and documents in your account and your account and / or It is prohibited to continue to use the above documents or the service. In addition, you agree that if the use of the service is interrupted or terminated or your account and related information and documents are closed or deleted, Douban will not be responsible to you or any third party. 15 deals with advertisers and other third parties You carry out any form of communication or business dealings with advertisers and other third parties through this website, or participate in promotional activities, including payment and delivery of related goods or services, and any other relevant terms, conditions, warranties or notices For your behavior with advertisers and other third parties. You are not liable for any loss or damage of any nature whatsoever arising from any of the foregoing transactions or any of the foregoing advertisers and other third parties. 16 Doubles exclusive right You understand and agree that the Software and the Software (the "Software") used by the Service and the Service contain proprietary confidential information protected by the relevant intellectual property and other laws. You also understand and agree that the content of the sponsorship advertisements or information presented to you by the Service or the Advertiser is also protected by copyright, trademark, service mark, patent rights or other proprietary rights. You may not modify, rent, lend, sell, distribute any part or all of the Service or the Software, or make derivative works, or use unauthorized software, including but not limited to, without the express permission of Douban or the Advertiser, For the purpose of unauthorized use of the Service. Douban only grants you a personal, non-transferable and non-exclusive right to use, so that you may use the software code for your own computer, but you may not (and may not allow any third party) to reproduce, modify, create derivative works, Re-engineering, reverse translation, or otherwise discover the original code, or sell, transfer, sublicense or provide software to set the warranty, or otherwise transfer any of the software rights. You agree to use the Service through the interface provided by Douban, and not in any other way. 17 Guarantees and Warranties You understand and agree clearly: 1) Nothing in this Agreement shall be exempt from any liability for Danger's damage to your property or damage to your property for intentional or gross negligence; 2) Your use of this service is at your own risk. This service is provided on a "current" basis and "available" basis. Douban does not provide any express or implied warranties or warranties with respect to, or is not limited to, merchantability, fitness for a particular purpose and non-infringement of the rights of others; 3) Watercress does not guarantee the following: · The service will meet your requirements; · The service will be undisturbed, provided in a timely manner, safe, reliable or not error; · The use of the service to obtain the results of the correct and reliable; · Any products, services, information or other information you purchase or obtain through the Service will meet your expectations; 4) whether or not to use the service to download or obtain any information should be your own consideration and at your own risk, due to any information downloaded from your computer system caused by any damage or data loss and other consequences by your own commitment; 5) Any advice or information obtained from you or any service, whether written or oral, by the Service, unless expressly provided in this Agreement, will not constitute any warranty other than this Agreement. 18 Limitation of Liability You expressly understand and agree that, for any of the following reasons, including but not limited to profits, reputation, application, data loss or other intangible loss, Douban does not assume any direct, indirect, incidental, special, derivative or punitive liability: 1) the use of the service or can not be used; 2) the costs incurred in connection with the replacement of any goods, data, information, services, receipts received or acquired from or through the Service; 3) your transmission or data has been unauthorized access or alteration; 4) any statement or conduct made by any third party in the Service; 5) other matters relating to the Service, except as expressly provided in this Agreement; 6) Third parties publish or deliver fraudulent information in any way, or induce the user to suffer economic losses, and Douban does not assume any responsibility. 19 Douban trademark information Douban, Douban and other Douban registered trademarks, signs and products, service names, are watercress company's trademark (hereinafter referred to as "Douban mark"). You agree not to display or use or otherwise use the Douban mark in any manner without the prior written consent of Douban or that you have the right to display, use or otherwise process the Douban Mark. 20 user exclusive rights Douban respect for others intellectual property rights, called on users to respect the same intellectual property rights. The service and information of Douban are provided on the basis of "status quo" and Douban expressly disclaims any express or implied warranties with respect to "Services", "Materials" or "Products", including but not limited to, for commercial use or for For a specific purpose. Douban is not responsible for any direct, indirect, incidental or consequential damages resulting from "Service", "Data" or "Product". If you infringed upon the intellectual property rights of others, Douban will remove the specific content or terminate your use of the account in accordance with the provisions of the national laws and regulations or, where appropriate, in accordance with its terms of service or its relevant regulatory provisions The Douban respects any of the rights of others (including intellectual property), and also requires our users to respect the rights of others. In the appropriate circumstances, you have the discretion to terminate the account of the user who infringes or violates the rights of others. If you believe that the copyright of your work has been infringed or your intellectual property rights have been violated, you should contact and provide detailed evidence in accordance with the Regulations on the Protection of Information Network Transmission Rights. Please contact the National Copyright Administration of the People's Republic of China to download the "Request to delete or disconnect the contents of the link infringement of the network" (hereinafter referred to as "delete notice") model, if you do not understand the "delete notice" content, please log in the Chinese people Republic National Copyright Office View "Notice of Deleting or Disconnecting Linked Infringing Network Content". 21 movie ticket service 1) Change of movie ticket service, interruption or termination Douban is subject to change of service due to its own product, and Douban has the right to change, including but not limited to: A) Douban has the right to suspend or terminate the cooperation with the theater at any time. B) Douban has the right to adjust the service charge at any time. C) Douban has due to the theater system, the server failure and other reasons, for your exchange seats, screening or theater rights. D) Douban has the right to refund your tax refund. E) Douban has the right to change the purchase process, ticket purchase, ticket collection process. F) You agree that Douban may exercise the above changes at any time and accept the services provided after the change. 2) the principle of refund A) Douban only offers the following reasons: · You have completed your payment due to the cinema ticketing system but the order can not be generated; Due to the film caused by the film film information, screen replacement and make you can not watch the normal; · You can not watch the normal situation due to force majeure or government regulation (such as national mourning day, state ban on entertainment). B) You agree to the following non-refundable terms and conditions: · Order to receive a text message, the payment status for the "payment" shall prevail, in this case you once the purchase is successful, Douban does not accept any refund or exchange; Douban is strictly prohibited you malicious use of credit card cash behavior, once found by Douban, Douban has the right to freeze your account, and the right to notify the credit card issuer units; · You comply with the watercourse on the relevant provisions of the refund, and allow Douban to retain the right to update or change the provisions. 3) Disclaimer A) The third-party payment method you choose, in the course of payment due to your own reasons or third-party payment platform causes abnormal so that its account can not be used normally or suffered losses, Watercress is not responsible for all losses borne by you The B) Dispatch of seats under unusual circumstances due to your own reasons or reasons for the cause of the cinema or cinema ticketing system, Douban is exempt from this condition, including but not limited to: Due to the screening of theaters, theaters, the changes in the length of the seat caused by the change; · Seat change due to cinema sound effects, picture quality, film quality; · Because you did not retain their own ticket password caused by the seat exchange; · Seat replacement due to lost ticket after you have taken the ticket; · Seat replacement due to server instability caused by the cinema ticketing system provider; A seat change due to the services of the theater staff or service personnel; A seat change due to your request for a higher standard than the cinema service; 4) breach of contract compensation You agree to indemnify and hold the rights of Douban and other users, and you agree to indemnify you for all damages arising from any damages arising from your liability for any violation of the laws, regulations or any of the terms and conditions of this Agreement responsibility. 22 General terms 1) This use agreement, community guidelines and disclaimers constitute your entire agreement with Douban and regulate your use of the Service. You should also comply with the applicable terms and conditions when you use the relevant services and use the content or software provided by a third party; 2) The use of the agreement and your relationship with the watercress, are subject to the laws of the People's Republic of China jurisdiction. The dispute arising from your service, this use agreement or other related matters shall be settled first and then negotiated, and the arbitration shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration. The arbitral award shall be final and binding on both parties ; 3) Douban does not exercise or enforce any rights or provisions of this Agreement, does not constitute a waiver of the foregoing rights or rights; 4) In the event that any provision of this Agreement is invalidated by conflict with the laws of the People's Republic of China, you agree that the intention of the parties to be reflected in the Act shall be determined in accordance with the law and that the other provisions of this Agreement shall remain in full force And effect; 5) The title of the use agreement is for convenience only and does not have any legal or contractual effect; 6) Douban has the final interpretation of this use agreement. Photobox Terms of Service Please read these Terms of Use ("Terms") carefully – by accessing or making any use of Photobox, you are agreeing to them. You also agree to our Privacy Policy, which sets out how we deal with Photobox users' personal information and privacy. 1. Introduction These Terms set out your rights and obligations, and those of Photobox Limited ("we" or "us"), in relation to www.photobox.com.au (the "Site"), any Photobox application that you access (the "App") and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). When we refer to "Photobox" in these Terms, we mean us, the Site, the App and/or the Services, according to the context. You must take the time to read and understand these Terms before Photobox. By registering with Photobox, you accept that you are entering into a contract with us under these Terms. People who register for Photobox establish an "Account", and become "Users". Visitors to Photobox who do not become Users, but who nevertheless use the Site and/or download the App, affirm that they are bound by these Terms each time they access Photobox. You should be aware that these Terms may change from time to time in accordance with Clause 20 below. 2. Obtaining an Account and providing a Payment Method If we ask you to provide some information about yourself when you register for Photobox, you must ensure that this information is accurate and current. You may keep this information updated through your Account. Note that we are entitled to treat anything done through a User's Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account. When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. If you elect to store a Payment Method with Photobox, that Payment Method – with some of its details masked, for security reasons – will automatically be used; you may, however, be required to provide certain information (such as, but not limited to, a CV2 card security number) in order to proceed with using that stored Payment Method. In the event that you supply or attempt to use an invalid Payment Method, or a Payment Method which has lapsed, an order made using that Payment Method will fail. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time. The same person may not register more than one Account. We reserve the right to suspend or terminate any Account which we reasonably suspect of infringing this requirement. Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. So if you change email address, then you must change it on your Account. Should you provide an invalid email address or an email address that belongs to someone else, PhotoBox may terminate your Account at any time without notice. You should not register as a User if you are under 13 years of age. 3. The Essentials of Photobox Photobox provides Users with the facility to upload and store digital photographic images (each an “Image”), and to access those Images through the User’s Account. All Images must meet our Image specifications, which may be changed by us from time to time. For further guidance and information on uploading Images please visit our FAQs. Photobox also offers Users the ability to order: prints of their Images; personalised products and services which bear Users’ Images on or within them; other, non-personalised, products and services, and we refer to those prints, products and services as our “Products”. As Photobox evolves and changes over time, we may add Products or remove Products from our Services. Clause 6 contains the terms of purchase for Products. It is the responsibility of Users to have sufficient web, app and device usage skills to make use of our Services. Although we incur cost in providing you with the facility to store and access your Images and other User Content with Photobox (your “Image Storage”), we don’t charge you for Image Storage. However, we reserve the right to introduce a policy under which we may withdraw your Image Storage if (a) you have not purchased a personalised Product from us through your Account at least once in any given twelve month period, (b) we have notified you by email of the fact, and of our intention to withdraw your Image Storage unless you purchase a personalised Product, and (c) you have not purchased a personalised Product from us within 30 days of that emailed notification. We will notify Users by email if and when we are to commence enforcing this policy. 4. Your Images Photobox allows you to access your Images through your Account. However, please note that: We provide Image Storage at no cost principally in order to facilitate Users’ creation and purchase of personalised Products bearing their Images Accordingly, we do not intend or invite Users to store their Images other than for those purposes We do not currently apply a fixed limit to the volume of Images which may be uploaded provided you comply with our reasonable fair use requirements Those fair use requirements would be breached by, for example: The automated or scripted uploading of Images or other User Content; The uploading of Images or other User Content on a high-frequency basis; or The inclusion of very large volumes of Images or other User Content in an individual album Should you breach our fair use requirements, we may suspend your Account, cease to provide you with Image Storage and/or delete your Images and other User Content from our systems We are entitled to introduce a policy for the removal of your Image Storage if you do not make limited purchases of personalised Products from us (see Clause 3 for details of this policy) In the course of storing your Images, we reserve the right to apply various techniques to make generally accepted improvements to the quality of the Image, such as by: Removal of “red-eye”; Brightness enhancement; and Detail enhancement We also reserve the right to make changes to Images which are intended to improve their storability, including: Compression; Size reduction and downscaling; and Format conversion, We strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination; We use reasonable commercial endeavours in our provision of Image Storage, but do not provide any guarantees as to the availability, speed of access to or reliability of the storage we provide; Images and other User Content may be deleted from your Account in various circumstances, as stated elsewhere in these Terms (including Clause 8); Our policies concerning the storage of Images and User Content may change from time to time; If an Image does not meet our specifications you may not be able to upload it and/or you may find that it is not possible to use that Image in conjunction with some or all of our Products; We have rules about User Content, and these apply to the content of Images (see Clause 5 below) (“Content Rules”); if you breach our Content Rules, we may – amongst other things – terminate your Account. And if your Account is terminated, we may delete all Images associated with that Account, so that they will no longer be accessible; and If we are notified of a claim or allegation that an Image breaches our Content Rules, we may prevent that Image being accessible through Photobox or being used in connection with Products. Note that we may send you emails which include your Images, or to create examples of personalised Products which may be of interest to you: by uploading Images, you consent to us doing these things with those Images. Photobox allows you to share your Images with others (your "Guests") by allowing them to have access to your Images. This sharing can be effected by means we make available from time to time, such as by email to Guests, by sharing on the web or through social media. By sharing Images with Guests: you undertake that you have those Guests’ consent to the sharing of your Images with them; you agree that doing so will not result in an infringement or perceived infringement of our Content Rules; and you acknowledge and agree that Guests – and others with whom they may share the Images – may: purchase Products which include those Images; submit comments about the Images; and notify us if Images infringe our Content Rules. We are not responsible for the acts or omissions of Guests. You must not share or allow access to any of your Images in return for payment or for any other commercial purpose. If you delete Images from your Account, we will promptly remove the Images from the “album” view in your Account, but the Images will not be completely erased from our systems; “deep” links which lead directly to the relevant Images may continue to provide access to those Images. Initially we will apply a grace period of at least one month before completely erasing deleted Images from our systems: this grace period is applied in case we are requested by you to recover the Images or if we are asked by a relevant third party to recover them. Once the grace period is ended, we will check if the Images are in use on our systems, as part of a personalised Product or in some other way. If the Images are in use, we will send you an email explaining that the Images are in use and how you can release them to allow them to be erased from our systems. For more information on our Image deletion policies and practices, please contact our customer services team. You are advised to keep back-ups of all of your User Content, including backup copies of Images. We do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control). If we actively decide that we are to cease hosting Images or other User Content, we will give you reasonable advance notice (of at least three months’ duration) to permit you to make alternative arrangements. 5. User Content and Content Rules Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Photobox are treated as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through Photobox, if you do not have the right to do so. Each User shall ensure that his/her User Content does not: infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Photobox or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a personalised Product); infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality; contravene any applicable law (including, without limitation, any criminal law) or regulation; include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person; contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information; misrepresent the User's identity in any way or impersonate any person; include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group; harass, upset, embarrass, alarm or annoy any person; give the impression that it emanates from us, if this is not the case; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Photobox. The above are our Content Rules. Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that Images or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or App please contact us here. We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content. 6. Terms of purchase for Products A contract between a User and Photobox for the purchase of a Product is created as follows: The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process: if the Product in question includes an Image or other User Content selected by the User it is a “personalised Product”; if it is a standard Product which does not include any Image or User Content it is a “non-personalised Product” By confirming your order, you are agreeing to purchase the Product you have selected At this point, we take payment for your order by means of your nominated Payment Method. We will send to you a “Thanks for your order” email detailing your order for the Product, and other information we must provide to you. When the Product you have ordered is shipped to you, we will send you a “dispatch” email Note that Photobox may reject an order in certain circumstances, namely: Your order breaching the requirements of these Terms; The use of Images which infringe the Content Rules; The use of Images which are corrupted, unsupported technically or inadequately pixelated; The Product you order being unavailable; Our inability to obtain authorisation for your payment; or A relevant pricing or Product description error being identified. If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order. You have the right to cancel your contract for the purchase of a non-personalised Product, provided you notify us of the cancellation no longer than 14 days after the day following the day on which the Product is delivered. You must return the unused non-personalised Product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the Product to our nominated address. We will refund the purchase price you have paid for the Product and its standard delivery charges (but not any expedited, tracked or other special delivery charges you may have chosen to pay) within 14 days of its return. However, if the value of the Product has been reduced by any handling of it beyond what is necessary to check whether the Product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Please follow any returns procedure for non-personalised Products which we specify from time to time. Please note that the right to cancel a contract and return Products does not apply to any personalised Products – although you do have the right to reject any Product which is faulty or not as described in our specifications. However, for orders of personalised Products made from the Site (but not through the App) we generally allow a 30 minute period during which you can amend your order. That 30 minutes runs from the appearance of the “Thank you for your order” screen on the Site at the end of the order process; if you wish to avail of this, you must click on the “Amend my order” button on that screen and complete the amendment process within the 30 minute period. 7. International use of Photobox You must ensure that you comply with the laws that apply to you and your use of Photobox, including as to User Content, the Images that may be viewed and the Products that may be bought through Photobox. That use may be prohibited or restricted in various jurisdictions. 8. Closure of Accounts You may choose to cancel your Account at any time here You may be asked to provide further proof that you are the holder of the Account. Further, we are entitled to lapse an Account if its User has not logged in to the Account for two years or more. If your Account is terminated because you have breached this Agreement (including a breach of our Content Rules), we may prohibit you from establishing another Account. Where an Account is cancelled, lapses or is terminated, we are entitled to close the Account and entitled (but not obliged) to delete all Images and other User Content associated with that Account. You will nevertheless remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including in Clause 9) shall not be terminated as a result. 9. Intellectual Property By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Photobox and any other interactive services through which Photobox (or a service based on Photobox) is accessible for the purpose of ,performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 9 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 9 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Photobox or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Photobox (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. You may use and access Photobox and that User Content only to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. No-one may copy, distribute, show in public or create any derivative work from Photobox, or any of the material which is found on Photobox unless properly licensed to do so by us. You are not allowed to use Photobox (or to copy or use any material found on Photobox) for any commercial purpose other than to conduct the purchase of a Product from PhotoBox. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Photobox. No-one may use any robot, spider, scraper or other automated means to access Photobox for any purpose without our prior express written permission. 10. Privacy Our Privacy Policy governs all users of Photobox. By using or accessing Photobox, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use Photobox. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms. 11. Our Role To the extent that the law permits, you release Photobox, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content. You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any Image, User Content or Product complies with applicable law or regulation by reason of it appearing on Photobox. We do not have any responsibility or liability for the deletion of, or any failure to store or deliver, Images or User Content. Photobox may contain links to or advertisements for other sites, services or products ("Third Party Promotions"). Third Party Promotions may contain materials which you find offensive, objectionable, unlawful or inaccurate. The sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies which will differ from these Terms. The inclusion of links to Third Party Promotions does not indicate that we endorse them and we are not responsible for examining or evaluating the content of such sites or destinations or goods or services available through them. 12. Suspension We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Photobox, (b) your use of all of part of the Services, (c) to remove from access via Photobox any User Content associated with a User or his/her Account, (d) to warn Users and other users of Photobox against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using Photobox if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority. 13. Contact from third parties. If anyone contacts us in relation to User Content or a transaction associated with you, then you agree: to provide all reasonable information and assistance we may require in connection with responding to that contact; and to respond promptly and accurately to it, should we pass the message to you for a response. 14. Additional services. We, our affiliates or third parties with which we contract may offer new, updated or additional services through Photobox from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Provided that those terms are notified to you on Photobox in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms. 15. Operation of Photobox We reserve the right to withdraw or modify all or part of the Services or Photobox where we have legal or commercial reasons to do so. There may be times when the operation of Photobox is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Photobox, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Photobox or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Photobox. For security or other reasons, we may require you to change your password or other information which facilitates access to Photobox; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information. 16. Liability We use reasonable care and skill to provide Photobox in accordance with our specifications for Photobox but: the Services are provided "as is"; and we cannot and do not guarantee that Photobox or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through Photobox. We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 6. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise: for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, Photobox will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 16 shall survive the termination or expiry of these Terms. 17. Indemnity You agree to indemnify Photobox, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any: breach of these Terms by you or through your Account; or User Content associated with you or your Account. 18. Assignment We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Photobox assign or dispose of these Terms or any of your rights and obligations under it. 19. Entire Agreement These Terms are intended to contain your entire agreement with us relating to your use of and access to Photobox; we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Photobox. 20. Changes to these Terms We reserve the right to change these Terms from time to time, and post the new version on Photobox. The new version of these Terms will take effect: commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address (www.photobox.co.uk) that you use to access, Photobox, and (ii) the refinement of provisions that are already included or referred to in these Terms. In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Photobox. For the avoidance of doubt, we will not have any liability to you in that event. 21. General If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act. 22. Law These Terms, the Services and each order and purchase of a Product shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product. 23. Keeping these Terms We don't separately file the Terms entered into by Users when they register for Photobox. You can access them at here. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only. 24. Contact We are a company registered in England and Wales under registration number 03906401 under the name Photobox Limited; the address of our registered office is Unit 7,Metal Box Factory, 30 Great Guildford Street, London, SE1 0HS. Our VAT registration number is GB115138543. You can contact us by post at Unit 7,Metal Box Factory, 30 Great Guildford Street, London, SE1 0HS. We will send our notices to you by email to the email address specified in your Account. PLEASE NOTE: this is our registered company address, and should not be used for returns or customer support enquiries. Photobox Privacy Policy This privacy policy together with our terms of use sets out how PhotoBox Limited, part of the Photoways group, ("we", "our", "us") will use any personal data we collect from you, or you provide to us during your use of the on-line photo service (the "website"). For the purpose of the Data Protection Act 1998 (the Act), the data controllers are PhotoBox Limited of Bridge House, 1st Floor, 63-65 North Wharf Road, London, W2 1LA and Photoways, ZAC des Parriers, 37-39 de Beauce, 785–Sartrouville. We may from time to time use data processors, who are not employees, agents or otherwise connected with us, with whom we have an agreement to process your data ("Data Processors"). We respect the privacy of every individual who visits the website. Our policy on the collection and use of personal information is outlined below. We collect and use personal information in order to: Administer or otherwise carry out our obligations in relation to any agreement that you may have with us. Anticipate and resolve problems with your service. Carry out market research and the tracking of sales. Create and inform you of products and services provided either by us or by carefully selected third parties that you may be interested in, where you have consented to be contacted for such purposes and allow Data Processors to do the same – see Emails and Newsletters below for more information about this. In order carry out the above, we need to collect and process personal information about you (including but not limited to, your name, address, telephone number, email address, details of your visits to the website and any transactional information in relation to order fulfilment). We may ask you for this information on the website during the registration process or at any subsequent point. The data we collect may be provided to Data Processors for analysis so that we may tailor the goods, services and marketing materials we, and other third parties, offer to you (where you have consented to receive the same). In order to take advantage of some of our services, you may need to supply us with the personal details of a third party (for example, their name and address if you wish to send them some prints). We will not use this information for anything other than providing the service for which the information was supplied. We may disclose your first name and last name, to selected third parties, including but not limited to Pro-Gallery owners from whom you have purchased items. The purpose of this is so that a record may be kept by the third parties of who has purchased photo related items from them. It is a condition of your use of our services that you agree to this disclosure of your data. We will not disclose any personally identifiable information without your permission unless: We are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud). You will be treated as having given your permission for disclosures referred to in this policy. We are in negotiations with a third party for the sale or purchase of any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. We, or substantially all of our assets, are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. To enforce or apply our terms of use and other agreements; or to protect our rights, property, safety, customers, or others. Non-Personal Details We may automatically collect non-personal information about you, such as the type of browsers you use or the website from which you linked to us. This information is only used to assist us in providing an effective service on the website. We may, from time to time, supply the owners and operators of third party websites which have a link to our site with information about the number of users linking to the website from their website. You cannot be identified from any of this information. Newsletters and Service Emails We give you the option to decide what emails you receive from us. The emails we send fall into two categories: Our emails (we call them newsletters) which provide you with information about offers, new products and other things that we think may interest you or PhotoBox customers generally. You can notify us of your preferences concerning our newsletters here: www.photobox.com.au/my/account/newsletters. The emails that we send concerning activity on your Photobox account (service emails), specifically: To remind you of free PhotoBox credits that may be in your account To remind you of unordered items in your online basket To explain how PhotoBox credits that you have purchased work To remind you to use PhotoBox credits before they expire Surveys to capture your feedback on orders you have placed with PhotoBox Surveys to capture your feedback on contact with our customer service team Should you wish to, you can opt out of receiving our service emails here: https://photobox-en.custhelp.com/app/ask. While we do our best to act on your preferences as soon as we can, please be aware that it may take up to 14 days for changes to your preferences concerning newsletters or service emails to take effect. Please note that transactional emails that we send you – that is, emails that we need to send you relating directly to your orders and purchases from PhotoBox – are unaffected by your preferences for newsletters and service emails. Competitions From time to time, we may hold competitions via the website. When you enter a competition, we may ask you to tell us your name, email address, mailing address and telephone number. We will collect and use these details in accordance with the provisions of this privacy policy. Cookies When you visit PhotoBox we send cookies to your computer, or similar device, which are essential for shopping with us and useful for storing your user preferences. They also help prevent fraud by providing a way of recognising you so that only you can access your photos and personal data. We use cookies for marketing purposes too, such as tracking user trends, click through and sales figures (which we may share with branded partners), media performance and search optimisation. As cookies are so useful we don't recommend you disable them but if you really want to you can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it. If you do decide to disable your cookies you can click here to find out how. Category Party Purpose Functionality Our Website Photobox.com.au uses these cookies to enable some basic functionalities to provide a basic personalised experience whilst browsing, making creations and shopping on our website. Examples include remembering your login details, which products you have added to your basket, your language preferences. The information collected through these cookies is only used for this purpose and is never shared or sold on to third parties. Strictly necessary Our Website These cookies are essential as they enable you to move around a website and use its features, such as accessing the checkout. The information collected through these cookies is only used for this purpose and is never shared or sold on to third parties. Analytical/Performance Google Analytics, Euerlian Google Analytics and Eurelian use cookies to collect data that helps us understand how people are using the site and monitor any errors that users may be experiencing. We use this information to identify how and where we can improve the user experience. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. Analytical/Performance ABTasty & Crazy Egg Photobox.com.au work with 3rd party ABtasty to test and find the optimal content and experience for our users. The cookies used by ABtasty enable us to identify which experiences visitors to our site have seen and how the content has performed for the visitor, this will allow us to ensure that future experiences can be further improved. The data collected through these cookies is anonymous, ABTasty does not collect specific customer data and is never shared with other third parties. Targeting Jumptap, Quantcast Photobox.com.au work with 3rd party agencies, Quantcast and Jumptap to display banner advertising on other selected websites. These cookies also help us to monitor and improve the effectiveness of our banner advertising and to refine the targeting of these campaigns so that we are displaying the most relevant content for each individual. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. Targeting Facebook, Facebook Connect, Facebook Custom Audience, Facebook Social Plugins, Google Adwords, Google Adwords Conversions, Google Dynamic Remarketing, Bing, Madmetrics, Twitter Advertising, Doubleclick Google Adwords, Google Adwords Conversions, Google Dynamic Remarketing, Bing, Madmetrics, All Facebook Tags, Twitter Advertising and Doubleclick use cookies to track our own paid advertising activity. We use the information collected by these cookies to help us determine where our ads will be most effective online. Each individual advertiser uses its own tracking cookies and the data taken is not confidential data or interchangeable. Targeting Awin, Trialpay, Linking Mobile Cookies are used by 3rd parties Awin, Trialpay and Linking Mobile enabling Photobox.ie to meet contractual obligations to make payments to them when they introduce a new customer to PhotoBox.ie. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. Targeting Adroll, Criteo Photobox.com.au works with 3rd party agency Adroll and Criteo to display banner advertising on other selected websites based on pages already viewed on photobox.co.uk. These cookies help us to monitor and improve the effectiveness of our banner advertising and to refine the targeting of these campaigns so that we are displaying the most relevant content for each individual. The data collected through these cookies is anonymous, these 3rd parties do not collect specific customer data and it is never shared with other third parties. What happens if I disable cookies? This depends on which cookies you disable, but in general our Site will not operate properly if cookies are off. In particular, note that you may be prevented from making purchases of Products if cookies are disabled. Updates to this policy This Privacy Policy was last updated on 17th March 2016 Please check back regularly to keep informed of changes to this Policy. Accuracy We aim to keep our records as accurate as possible. If you would like to review or change the details that you have supplied us with at any time you can either amend your details directly by going to the 'My Details' section of your homepage of the website, or by contacting us using the details below. Security The technology that we use and the policies that we have implemented are intended to safeguard your privacy from unauthorised access and improper use. We will continue to update these measures as new technology becomes available. Your Rights You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes, or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, or by going to the 'My Preferences' area of the 'My Details' section of your homepage of the website. You can also exercise the right at any time by contacting us. Access to Information The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $10 to meet our costs in providing you with details of the information we hold about you. Links Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. Zazzle User Agreement Acceptance of Terms ZAZZLE INC. ("ZAZZLE") PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ZAZZLE CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND ZAZZLE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT USER_AGREEMENT@ZAZZLE.COM. If your material including but not limited to text, data, photographs, graphics, stitch files, images, information, audio clips, and all digital data or any combination of these elements ("Content") is uploaded as a design for products available to other users on the Site, you grant the additional rights set forth in the Non-Exclusive License Agreement that is incorporated herein by this reference. Your participation in Zazzle's Associates Program is also governed by the terms and conditions of the Associates Agreement that is incorporated by this reference herein. If you act as an Associate or a Seller (as both terms are defined in the Non-Exclusive License Agreement) in accordance with either the Non-Exclusive License Agreement or the Associates Agreement, then the Volume Bonus Program Terms that are incorporated by this reference herein also apply. In addition, when you use any of our services, you will be subject to our Privacy Policy, Shipping and Returns Policy and Zazzle Black Shipping Program, as applicable and they are incorporated into this Agreement by this reference. User Account, Password, and Security To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to (a) immediately notify Zazzle of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zazzle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. User Conduct In using this Site, you agree to not: upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances; upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation; upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; upload, download, post, email or otherwise transmit false or misleading information; disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution; disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites; frame the Site within another Site or webpage or link to the Site except as permitted in writing by Zazzle; incorporate images or names that would violate a person's right of privacy or publicity; or incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness (for Zazzle Custom Stamps); use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; transfer your Zazzle account to another party without Zazzle's written consent; copy, modify or distribute rights or Content from the Site, service or tools or Zazzle's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. You acknowledge that Zazzle does not pre-screen submitted Content, but that Zazzle and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Zazzle may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Zazzle does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Zazzle expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Zazzle and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Zazzle. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Zazzle nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Zazzle's production of any product depicting your Content does not indicate that Zazzle approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You acknowledge and agree that Zazzle may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You agree that you are responsible for actions and communications undertaken under your account. Zazzle takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Zazzle and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Zazzle and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement. You agree that you will use this Site and any products and Zazzle Custom Stamps, ordered on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. Privacy Policy Your privacy is very important to Zazzle. Users of this Site should refer to our Privacy Policy for information about how Zazzle collects and uses personal information. By accepting this Agreement you expressly consent to Zazzle's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference. Trademarks and Copyrights Zazzle's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Zazzle, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zazzle. All other trademarks not owned by Zazzle that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zazzle. Proprietary Rights You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Zazzle, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Zazzle or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws. You retain all ownership rights to your Content submitted to the Site. By submitting Content to Zazzle, you grant Zazzle a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content. You acknowledge that we may use your Content in any manner we think fit, even if that use would, but for this clause, be contrary to your moral rights under the Copyright Act 1968 (Cth). Specifically, you consent to Zazzle, its licensees or a customer: doing any act or thing in respect of your Design, including making any modification, alteration or other change; and not attributing your name as author or creator of the Design. You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Zazzle grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. Zazzle grants you a non-exclusive, revocable and limited license to use the Content and Zazzle's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Zazzle website. We reserve the right to terminate this license at any time. The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Zazzle (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Zazzle upon their submission or communication to Zazzle, and you do assign all rights therein to Zazzle and agree that the same will automatically become the property of Zazzle and that Zazzle may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Zazzle may elect, forever. Intellectual Property Policy If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Zazzle's Copyright Agent, and provide the following information ("Notice"): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest; a description of the copyrighted work and/or trademark claimed to have been infringed; a description of where the claimed infringing Content is located on our Site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved. Please note that this procedure is exclusively for notifying Zazzle that your trademark or copyrighted material has been infringed. Zazzle's Copyright Agent can be reached at: copyright@zazzle.com.au or by telephone at: +1-408-983-2800. WARRANTY YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU. Indemnity You agree to defend, indemnify and hold Zazzle and Zazzle's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) the Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party. No Resale Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Zazzle 's express written consent. Termination You agree that Zazzle, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Zazzle may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Zazzle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Zazzle shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. Links The Site may provide, or third parties may provide, links to other websites or resources. Because Zazzle has no control of such sites and resources, you acknowledge and agree that Zazzle is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Zazzle is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Public Reputation You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Zazzle's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from Zazzle, in a public setting, including on the Internet, in a way which disparages Zazzle, Zazzle's board members, employees, shareholders or partners, or the United States Postal Service, Zazzle reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and, in the case of Zazzle Custom Stamps, to invalidate your Zazzle Custom Stamps via cancellation of the bar code. If Zazzle Custom Stamps are invalidated, Zazzle's sole and exclusive obligation and your sole and exclusive remedy, if any, shall be a full refund of all fees paid by you. Pricing, Shipping, and Terms of Sale Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Zazzle's discretion. Zazzle may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Zazzle. Title and risk of loss for all products ordered by you shall pass to you on Zazzle's shipment to the shipping carrier. Purchases are subject to Zazzle's Shipping and Return Policy. Zazzle reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled. Earnings If you participate as a Seller or Associate (as both terms are defined in the Non-Exclusive License Agreement), Zazzle will pay accrued earnings in accordance with the following section. Payments for royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within 45 days of the end of the month subject to the following: Zazzle maintains a statement of your Earnings. You may check your statement in the "MyAccount" section of your account. Zazzle will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in ‘MyAccount" and Zazzle makes the following options available: payment as soon as you have reached the Payment Thresholds (as defined below) set by Zazzle from time-to-time; or have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold set by Zazzle); or hold your Earnings in your account to apply toward a purchase on the Site. On the Payment Settings page in, you may also choose your method of payment (for example, check or PayPal). Zazzle, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances. With respect to referral fees, if Products that generated a referral fee are returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt. Payments that are made using PayPal will be charged a $2.50 processing fee, if your Earnings are less than the Payment Threshold. Payment Thresholds mean $100 for payments by check and $50 for payments using PayPal. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds. You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of the following processing fees: $5.00 for any check under $100; or $2.50 for any PayPal transaction under $50. Payment will be made within 45 days (collectively "Processing Fees). If Zazzle owes you any compensation as of June 30th each year, then Zazzle may send you payment of such accrued Earnings (generally on or about August 15th for the 12-month period ending June 30th) even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment. Zazzle will withhold taxes from international payments that are due if sellers do not provide us with relevant documentation such as the W8-BEN form. In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, Zazzle may withhold further payments until you have corrected or updated your address. Product Descriptions Zazzle attempts to be as accurate as possible to provide a compelling user experience. There are many sellers on the Site and Zazzle does not verify the accuracy of their product descriptions. Zazzle does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Zazzle is not as described, your sole remedy is to return it pursuant to Zazzle's Shipping and Return Policy. Zazzle prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Zazzle participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Zazzle announces these fundraising efforts, you can be assured that Zazzle will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Sellers may state they intend to donate their royalties or other sums to charities. Zazzle is unable to verify such statements, so please use caution when relying on them. New Programs Zazzle may introduce programs, features and products. At the time of release, Zazzle will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products. Age and Geographic Restrictions You must be at least 18 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction. Zazzle only accepts orders for Zazzle Custom Stamps that are shipped to locations within the United States of America and its territories. International Access This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You agree that Zazzle can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations. Correction of Errors and Inaccuracies The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you . If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product. Reviews, Comments and Submissions Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. DISCLAIMER OF WARRANTIES YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZAZZLE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZAZZLE DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THAT THERE WILL NOT BE ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT ZAZZLE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT ZAZZLE DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ZAZZLE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ZAZZLE MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAZZLE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ZAZZLE OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ZAZZLE OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZAZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE EXCLUSION OF LIABILITY DOES NOT APPLY TO PERSONAL INJURY OR DEATH ARISING FROM ZAZZLE'S NEGLIGENCE. YOU SPECIFICALLY ACKNOWLEDGE THAT ZAZZLE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. Promotions In addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions in this Agreement. We ask you to please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such program/promotion shall control. Dispute Resolution and Release These terms and conditions and your relationship with Zazzle shall be governed by and construed in accordance with the laws of the state of California, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential binding arbitration in the City of San Mateo, Northern California for the maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the existing Commercial Arbitration Rules at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial. You and Zazzle agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Mateo, Northern California. If you have a dispute with one or more users or sellers you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Severability If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired. Zazzle Embroidery If you are using Zazzle Embroidery, your use of this Site is also subject to the terms and conditions set forth in this Section. You agree to follow the restrictions below in order to purchase items through Zazzle Embroidery or to create any public Zazzle Embroidery products for sale in the Zazzle marketplace. If you want your Content to be embroidered on a product and you do not upload the stitch file to this Site, Zazzle will calculate the price to convert your Content to a stitch file and notify you of the price. For the stated fees, you can then order the stitch file and create a product with the stitch file. If you create a public embroidery product for sale in the marketplace, the product will be published on the Site at the time the stitch file is completed (typically within 24-48 hours but it may be longer). Conversion of your Content to a stitch file is subject to a one-time stitch file conversion fee except that you must pay an additional one time stitch file conversion fee for any resizing of the stitch file. Zazzle Custom Stamps If you are using Zazzle Custom Stamps, your use of this Site is also subject to the terms and conditions set forth in this Section. You agree to follow the restrictions below in order to purchase Zazzle Custom Stamps or to create any public Zazzle Custom Stamps for sale in the Zazzle marketplace and to follow all laws and regulations applicable to United States postage. You will not assert or suggest in any way that any Zazzle Custom Stamps created by you or any other user has been approved by us or by any other person or entity. In designing or creating any Zazzle Custom Stamps customized postage, you will not use any Content or design element that Zazzle, in its sole judgment and discretion, believes would be controversial or offensive, would subject Zazzle to legal liability, or would cause damage to Zazzle's public reputation or business. You acknowledge and agree that Zazzle may terminate the Zazzle Custom Stamps service at any time. Any information or Content that you provide through Zazzle Custom Stamps may be provided to Zazzle's licensors and to the United States Postal Service for postage verification purposes. You acknowledge, agree, and warrant you understand that the Content and design elements of your Zazzle Custom Stamps are not approved or endorsed in any way by the United States Postal Service, and that you will not make promotional references to Zazzle Custom Stamps as "stamps" or "Custom Postage." Zazzle Custom Stamps are valid postage for mailing, but the images are not reviewed or approved by the United States Postal Service. Therefore, you agree to not make any representations which could cause a reasonable person to believe that the Content and design elements included in your Zazzle Custom Stamps are provided, approved, or endorsed by the United States Postal Service. If Zazzle finds that a postage design in your order is inappropriate, Zazzle will send you an email to notify you that your design has been rejected and that your order has been cancelled. Your design will be deleted from your "Private Products" section, but any images used in the design will remain in your "Image Gallery" for your future use. A special note about Zazzle Custom Stamps for Business: Zazzle Custom Stamps for Business are a great way for businesses large and small to grow their brand and communicate with customers in a creative and brand conscious manner. Business logos, website addresses, or company names and addresses are all appropriate material for Zazzle Custom Stamps for Businesses. Promotional messaging is not appropriate and not permitted for Zazzle Custom Stamps for Business, and will not be approved for printing. Examples of promotional messaging include "Buy one, get one free" or "10% off sale" or other similar announcement messaging, including specific pricing information for a product for sale. It is also inappropriate and not permitted to use Zazzle Custom Stamps for Business as a coupon. Examples of coupon messages are "One free with this ZazzleCustomStamp" or "Present this ZazzleCustomStamp for 10% off". In addition, Zazzle Custom Stamps for Business are not available for advertising related to the following industries: Alcohol and Tobacco; Gambling; Any industry related to human sexual activity, or products, services or entertainment directed to sexual stimulation. If you have any questions about these Zazzle Custom Stamp guidelines, please don't hesitate to contact Zazzle. We are happy to answer any questions you may have, and are available to provide guidance and support as you create your special products. Our Community Our community is the most important part of Zazzle. All registered members are part of our community and we value everyone. Zazzle has established multiple ways for members to interact with one another on the Site, including but not limited to forums, our blog and other social media channels. Please remember that these are public spaces, so use common sense when sharing personal information. Zazzle's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules. Treat one another with respect. There is a real person behind each name. Harassing, insulting, embarrassing or abusing other members is unacceptable. The community spaces are not the appropriate channel to express disputes with others. Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Zazzle privately if you need help with a transaction. Do not publicly post another person's private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses or full names). Violating community policies may result in suspension or termination of certain privileges including account termination. General No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Zazzle may assign its rights and responsibilities hereunder without notice to you. These terms and conditions will inure to the benefit of Zazzle's successors, assigns and licensees. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Zazzle's failure to act with respect to a breach by you or others does not waive Zazzle's right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement, the Associates Agreement, the Privacy Policy, the Shipping and Returns Policy and the Volume Bonus Agreement constitute the entire agreement between you and Zazzle, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by Zazzle. These terms and conditions may not be modified by you. The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General. Zazzle will attempt to notify you when major changes are made to this User Agreement but you should periodically review the most up-to-date version at www.zazzle.com.au/useragreement. Zazzle may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits. Zazzle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Zazzle's control. You agree that Zazzle is a platform and as such is not responsible or liable for any Content. You use the Site at your own risk. Zazzle Privacy Policy Thanks for using https://www.zazzle.com/ ("Site"). At Zazzle Inc. ("Zazzle"), we are committed to protecting your privacy. We have created this privacy policy ("Privacy Policy") to make sure you know what information we collect and how we use it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as we have outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy. We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we make any changes to this Privacy Policy, we will notify you in accordance with our User Agreement. If we make any material changes we will notify you by email or by means of a notice on this Site prior to the change becoming effective. In addition, if we make material changes to how we use Personal Information collected from children under age 13, we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child's Personal Information. We also encourage you to check back, from time to time, and review this Privacy Policy so that you always will know what personally identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the Site will be subject to the then current Privacy Policy. Zazzle has received TRUSTe's Privacy and Children's Privacy Seal, signifying that this Privacy Policy and our practices have been reviewed for compliance with the TRUSTe program, which is viewable on the validation page available by clicking the TRUSTe seal. The TRUSTe program covers only information that is collected through this Site, https://www.zazzle.com/ and other foreign language versions of the Site. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. EU — U.S. Privacy Shield Zazzle, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Information about the Privacy Shield Framework can be found at the U.S. Department of Commerce's Privacy Shield List. https://www.privacyshield.gov/list Zazzle, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions. Zazzle, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission regarding personal data received or transferred pursuant to the Privacy Shield Framework. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our third party dispute resolution provider, JAMS. More information can be found here. If JAMS does not resolve the matter, you may be able to invoke binding arbitration when other dispute resolution procedures have been exhausted. For more information: Privacy Shield website. But first, a note about uploading and posting information on the Site: At the time you register for a Zazzle account, you will choose and provide us with an email address and password. When you upload a design, post a comment or message on the Site, provide information in connection with features such as fan clubs, wish lists, forums, member profiles, reviews and recommendation your user name may be visible to other users. Additionally, if yours or your child's comment or message contains personally identifiable information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you or your child may receive unsolicited messages from other parties as a result. Any content or information you upload that is visible to third parties may be read, collected, and used by others who access them. Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy. Always use care when you post such information. What information do we collect? Information provided by you: You may provide us with certain personally identifiable information when you: register for a Zazzle account; order products or gift certificates; request customer support or send us any other communication; sign up for newsletters, email alerts, and special offers; enter sweepstakes or contests; sign up for, or redeem, special offers; respond to surveys; use our Email-to-a-Friend or Refer-A-Friend features; and approve your child's request to open a Zazzle account in accordance with The Children's Online Privacy Protection Act of 1998 (COPPA). Such information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the Site or our promotions. If you are under 13, we will collect your email address, password and age. Once you have selected "under 13," we will then ask for your parent's/guardians email address so that we may send them a notice and ask for their permission for you to use the Site. Information collected by Cookies: Zazzle uses cookies on the Site to improve the quality of our Site and services to you. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies our users. Zazzle's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site. We may work with other companies who place cookies or web beacons on our Site. We do not have access or control over these cookies. These companies help operate our websites and provide you with additional products and services. They are subject to confidentiality agreements with Zazzle and other legal restrictions. Zazzle does not permit any of these companies to collect personally identifiable information using cookies or web beacons on our websites. Certain functionalities related to the provision of additional products and services require marketers to share website usage information about visitors to the Site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. To this end, Zazzle's third-party advertising company makes a note of some of the pages you visit on the Site through the use of pixel tags. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads. Information collected by Web Beacons and Log Files: Zazzle collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, Site usage, and whether you opened emails you received from us. Information collected through Product Reviews: You may choose to submit a product review. If you post a review, we may ask for certain information to validate your review such as email address, photo, and your city/state/country of residence. If you submit a review, we may publish your geographic location or other anonymous information but your email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personally identifiable information. If you wish to update or delete your testimonial, you can contact us at privacy@zazzle.com. How do we secure your information? When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software ("SSL") we use encrypts all information you input before it is sent to us. In addition, your Zazzle account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer. We operate internationally and many of our computer systems are currently based in the United States. As a result, your personal data will be processed by us in the United States where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with us, you agree to this Privacy Policy and you consent to the transfer of all information you provide to us in the United States. You may also choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to: register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Site. We work very hard to protect your privacy, but we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. While we use industry-standard precautions to safeguard your personally identifiable information, we cannot guarantee complete security. If you have any questions about security on our Site, you can contact us at privacy@zazzle.com. How do we use your information? We use the personally identifiable information you provide to: provide the features and functionality of the Site; fulfill your requests for our products and services; pay earnings; communicate with you about the status of your orders and other inquiries about our products and services; send you information about our products and services; for our internal business purposes, such as data analysis, audits and so forth; help us create content that is most relevant to you; and provide notices about the results of sweepstakes, contest, and other promotions. We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your Zazzle account settings. When you purchase products from the Site, we may use your email address or other personally identifiable information to send marketing messages and notifications from time-to-time whether or not you created an account with us. You may unsubscribe or change the frequency of email notifications on the Account Settings page in "MyAccount." If you email a product to a friend or refer a friend to the Site or our promotions, we will use your friend's email to send them the e-mail you requested. Your friend's e-mail addresses will only be used for this purpose unless permission is otherwise granted. Zazzle does not store this information. Your friend may contact us at privacy@zazzle.com to request that we remove this information from our database. We use non-personally identifiable information to monitor the use and performance of the Site so that we can learn more about how people use the Site which helps us improve our products and services and significantly enhance your experience on our Site. Does Zazzle disclose the information it collects to outside parties? We will share your personally identifiable information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personally identifiable information to third parties. Generally, Zazzle does not share personally identifiable information about you with other people or nonaffiliated companies without your consent except that: Zazzle provides information to its agents and trusted service providers and contractors for limited purposes, such as fulfilling customer orders and processing credit card transactions; offering certain products and services; communicating with customers; providing customer service; managing information on our behalf; and enhancing the Site features and functionality. In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our Privacy Policy. If you sign up for a promotion (e.g., a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties. Zazzle provides its sellers with the first name and city/state/country of residence of Zazzle customers who have purchased such seller's products. Zazzle may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to: comply with law; comply with subpoenas, warrants, court orders, government investigations, or other legal process; enforce or apply the terms of any of our user or license agreements; investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity investigate fraud or similar claims; protect the rights, property or safety of Zazzle, our users, or others. to protect our operations; or to permit us to pursue available remedies or limit the damages that we may sustain. Additionally, Zazzle releases certain information, including personally identifiable information, to report the sale of custom postage to the United States Postal Service ("USPS"). As part of our relationship with the USPS, we collect and may disclose information about purchasers of our Zazzle Custom Stamps products to the USPS at the request of USPS. To learn more about the USPS's privacy policy, please visit the Privacy Policy. In the event that Zazzle is acquired by or merges with another company, Zazzle reserves the right to transfer all information we have collected from our users, in connection with such acquisition or merger. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your personally identifiable information. Zazzle may disclose non-personally-identifiable information to third parties in aggregate form or to potential business partners and investors. Parents have the right to consent to the collection and use of their child's personal information without also consenting to the disclosure of such information to third parties, as we will not share your child's information with third parties. Zazzle will obtain assurances from its agents that they will only process the data for the limited and specified purposes consistent with the consent provided by the individual and will safeguard personal information consistently with this Policy. The assurance may include: a contract binding the agent to provide at least the same level of protection as is required by the relevant Privacy Shield Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), or Privacy Shield certification by the agent. Advertising Zazzle may use third party service providers to place ads on our behalf across the internet and sometimes on the Site. They may collect anonymous information about yours or your child's visits to our Site, and yours or your child's interaction with our products and services. They may also use information about yours or your child's visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information about you or your child used by our third party service providers, please contact us at privacy@zazzle.com. You may opt-out by clicking here. Parents may also opt their child out by contacting us at the email address listed above. Name of Third Party Partner What info is shared with or collected by this partner Partner's purpose Link to Partner's privacy policy Google Adservices Anonymous order information, IP, and URL clickstream Ad network google.com/intl/en/policies/privacy/ Doubleclick Anonymous order information, IP, and URL clickstream Ad network .google.com/intl/en/policies/privacy/ Google-analytics Anonymous IP, URL clickstream related to viewing specific designer's products and stores. Analytics .google.com/intl/en/policies/privacy/ Facebook Anonymous order information, IP, and URL clickstream Social/sharing tools .facebook.com/privacy/explanation Criteo Anonymous click stream and order information (Ad Views, Analytics, Browser Information, Hardware/Software Type, Interaction Data, Page Views), IP Address, Device ID Retargeting ads criteo.com/privacy Omniture Anonymous order information (Ad Views, Analytics, Browser Information, Hardware/Software Type, Interaction Data, Page Views), IP Address, Device ID Analytics omniture.com/privacy BlueHornet Email (as provided to Zazzle by customers) and location information (by zip code) Email marketing bluehornet.com/privacy If you have any inquiries regarding our partner's privacy practices or how they use your child's personal information, please contact us directly at privacy@zazzle.com In addition, Zazzle is a dynamic marketplace with a great number of branded products and content. We will offer our users the opportunity to opt-in to receive from our partners emails, notifications of promotions and the like offered by such partners. You have the right to decline to opt-in to take advantage of this service. Social Media Features and Widgets Our Site includes social media features, such as the Facebook Like button, and widgets, such as the "ShareThis" button or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it. Facebook Connect or other OpenID provider You can log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network. Does this Privacy Policy apply when I access third party websites? You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personally identifiable information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your personally identifiable information to its provider. What about children's privacy? Children under the age of 13 are allowed to upload graphics and images and to order products on a parent's account. In addition, in order to generate custom postage, we must collect and record the following information: the date and time of the custom postage order, a unique order i.d., the amount of postage ordered in the transaction, and the zip code of the recipient of the custom postage. This information is used to: fulfill the requested order; confirm shipment; complete record keeping including royalty entitlements and other earnings, if any; allow users to comment on our blog or send messages; send monthly newsletters; allow users to upload a photo to their profile that may be publicly available to other users of the Site; report the sale of Zazzle Custom Stamps to the United States Postal Service, and advise the child concerning new Zazzle products, services or policies. If you no longer wish to allow your child to receive monthly newsletters, you or your child may login to your child's account and uncheck the box, alternatively you or your child may follow the unsubscribe instructions located at the bottom of each newsletter. Parents of children under the age of 13 have the option to consent to the collection of this information from their children or not. Such consent will not be used as consent for the dissemination of any of this information and the information will not be released by Zazzle to third parties without the parents' consent except as may be required by law or upon court order. Personally identifiable information at Zazzle is kept confidential and is disclosed only with the consent of the Zazzle user or as set forth in this Privacy Policy. We do not engage in the selling of information regarding the habits, behavior, buying patterns, or demographic information of our users. If you wish to review personal information that was collected from your child, have that personal information deleted or refuse further collection and use of that information, , you may send a request to Zazzle Customer Support. Contact us by sending an email with 'Parental Notification' in the subject line. Alternatively, you may contact the Zazzle Child Privacy Representative by phone, email, or letter at: Zazzle Inc. Attn: Privacy 1800 Seaport Blvd Redwood City, CA 94063 coppa@zazzle.com 1(800)980-9890 How can I change, delete, or update my information? Most of your account information can be changed in the "MyAccount" section of the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at privacy@zazzle.com or Privacy c/o Zazzle Inc., 1800 Seaport Blvd., Redwood City, CA 94063. After receiving proof of your identity, we will provide the information to you, and you may request that we delete or change any or all of the information. We will respond to your request to access within thirty (30) days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. The current version of the Zazzle Privacy Policy was adopted effective as of September 29, 2016. Terms and Conditions For kahoot.com (prev. getkahoot.com), create.kahoot.it, play.kahoot.it and kahoot.it, all operated by Kahoot! AS, as well as for software applications made available by us for use through mobile devices. Last updated: June 27th, 2o17 Introduction Welcome to kahoot.com (prev. getkahoot.com). These Terms and Conditions are applicable to websites (including kahoot.com, create.kahoot.it, play.kahoot.it and kahoot.it) and software applications (‘apps’), all owned and operated by Kahoot! AS and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as the “Services.” By visiting the Services and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’). This agreement is in effect as of June 21st, 2017. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Responsible Use and Conduct By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited. f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. g. We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; iii. Contains any type of unauthorized or unsolicited advertising; iiii. Impersonates any person or entity, including any Kahoot! AS employees or representatives. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. h. We do not assume any liability for any content posted by you or any other 3rd party users of our Services. However, any content posted by you using any open communication tools on our Services, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Kahoot! AS, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. i. You agree to indemnify and hold harmless Kahoot! AS and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. Limitation of Warranties By using our Services, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that: v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Kahoot! AS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement. This website is controlled by Kahoot! AS from our offices located in Oslo, Norway. It can be accessed by most countries around the world. Limitation of Liability In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Kahoot! AS will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Copyrights/Trademarks All content and materials available on the Services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Kahoot! AS, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on the Services is strictly prohibited, unless specifically authorized by Kahoot! AS. Termination of Use You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Services and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Governing Law The Services are controlled by Kahoot! AS from our offices located in Oslo, Norway. They can be accessed by most countries around the world. As each country has laws that may differ from those of Norway, by accessing our Services, you agree that the statutes and laws of Norway, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Services and the purchase of any products or services through the Services. Furthermore, any action to enforce this User Agreement shall be brought in the courts located in Oslo (Oslo tingrett), Norway. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Guarantee UNLESS OTHERWISE EXPRESSED, Kahoot! AS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Terms Required by Apple In addition to the sections above, and notwithstanding anything to the contrary in this User Agreement, this section applies with respect to your use of any version of our app compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this User Agreement and does not own and is not responsible for the app. Apple is not providing any warranty for the app except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the app and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the app, including any third-party product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the app, including those pertaining to intellectual property rights, must be directed to Kahoot AS. The license you have been granted in this User Agreement is limited to a non-transferable license to use the app on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this User Agreement and, upon your acceptance of the terms and conditions of this User Agreement, will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third-party beneficiary of this User Agreement. Notwithstanding these rights of Apple and Apple’s subsidiaries, Kahoot AS’s right to enter into, rescind or terminate any variation, waiver or settlement under this User Agreement is not subject to the consent of any third party. DMCA The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available on the Site infringes your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Asmund Furuseth as follows: By mail to Asmund Furuseth, Kahoot! AS, Tordenskiolds gate 2, 0160 Oslo, Norway ; or by e-mail to asmund@kahoot.com. Asmund Furuseth’s phone number is +47 95764641. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Please note that Company may, in appropriate circumstances, terminate subscribers and accountholders who are repeat infringers. Privacy Policy This page describes how we treat personal information when you use kahoot.com (prev. getkahoot.com), create.kahoot.it, play.kahoot.it and kahoot.it website operated by Kahoot! AS and Kahoot!’s services, including information provided when you use the websites. Last updated: June 15th, 2017. Kahoot! AS (“Kahoot”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through websites operated by us from which you are accessing this Privacy Policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), and through HTML-formatted email messages that we send that link to this Privacy Policy (collectively, including the Websites and Apps, the “Services”). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy. PLEASE SEE BELOW FOR OUR POLICY REGARDING OUR COLLECTION OF INFORMATION FROM CHILDREN UNDER AGE 13. What is Kahoot? Kahoot provides a game-based learning tool that can be played through most web browsers (at http://kahoot.it) and through our App. A Kahoot game (referred to as a “Kahoot”) consists of players answering multiple-choice questions presented on the screen of the user who hosts the particular game. Personal Information Personal Information We May Collect We do not collect any Personal Information from a person who merely plays a Kahoot. In order to be able to create and host a Kahoot, however, a user (“accountholder”) must create an account at https://create.kahoot.it/account/register/. As described in more detail below, we may collect, use and disclose Personal Information from users 13 years of age or older who have created an account with us (“adult accountholders”). Our information practices are different with respect to younger users. Specifically, when a user who is under the age of 13 creates an account (a “child accountholder”), we collect his or her email address only for the purpose of providing password reminders to him or her. We collect no other Personal Information from child accountholders, and we immediately and permanently alter the email address such that it can only be used as a password reminder and cannot be reconstructed into its original form or used to contact the child accountholder. Kahoot also collects a user name and password from child accountholders, which are used for login purposes only. “Personal Information” is information that identifies an adult accountholder as an individual or relates to an identifiable person, including: Name Email address Profile picture Biographical information (for some teachers who elect to provide it) If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. How We May Collect Personal Information We and our service providers may collect Personal Information from adult accountholders in a variety of ways, including: Through the Services: We may collect Personal Information through the Services, e.g., when you create an account or populate your profile. Offline: We may collect Personal Information from you offline, such as when you contact customer service. From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners and other third parties. How We May Use Personal Information We may use Personal Information collected from adult accountholders: To respond to your inquiries and fulfill your requests, such as to send you newsletters. To send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies. To send you marketing communications that we believe may be of interest to you, subject to your consent if required by applicable law. To personalize your experience on the Services by presenting products and offers tailored to you. To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information. We suggest that you read any such rules carefully. To allow you to share Kahoots through the Services, and to notify you when a Kahoot is shared with you or when a Kahoot you have created is featured to others on the Services. For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. How Personal Information May Be Disclosed The Personal Information of adult accountholders may be disclosed: To our third party service providers who provide services such as website hosting, data analysis, information technology and related infrastructure provision, customer service, email delivery, auditing and other services. To third-party sponsors of sweepstakes, contests and similar promotions. To identify you to anyone with whom you share a Kahoot or other messages through the Services. By you, on profile pages and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. We urge you to be very careful when deciding to disclose any information on the Services. To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. Other Information Other Information We May Collect “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as: Browser and device information App usage data Information collected through cookies, pixel tags and other technologies Demographic information and other information provided by you Aggregated information If we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes for which we use and disclose Personal Information as detailed in this Policy. How We May Collect Other Information We and our third party service providers may collect Other Information in a variety of ways, including: Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly. Through your use of the App: When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information has been downloaded to the App based on your device number. Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information only to support the internal operations of the Services, such as for security purposes, to facilitate navigation, to display information more effectively, to personalize your experience while using the Services and to recognize your computer in order to assist your use of the Services. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer, and you may need to log in every time you visit. Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including adult accountholders that may receive emails from us), measure the success of marketing campaigns and compile statistics about usage of the Services and response rates. Analytics: We use third parties, including Google Analytics, which use cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. IP Address: Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for the purposes of providing support for the internal operations of the Services, such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate, general, location from your IP address. From you: Information such as your communications preference may be collected from adult accountholders when they voluntarily provide it. By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services. How We May Use and Disclose Other Information We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined. Our Collection of Personal Information from Children As explained above, we do not collect any Personal Information from a person who merely plays a kahoot. When a user who is under the age of 13 creates an account (a “child accountholder”), we collect his or her email address only for the purpose of providing password reminders to him or her. We immediately and permanently alter the email address such that it can only be used as a password reminder and cannot be reconstructed into its original form or used to contact the child accountholder. We also collect a user name and password from child accountholders, which are used for login purposes only, to permit the child accountholder to use the Services. We and our service providers also collect the information described above, under “Other Information,” from child accountholders. This includes Google’s use of certain persistent identifiers to collect information about the use of our Services for analytics purposes only. If you would like to review the information we have collected from your child (i.e., his or her username and password), or if you would like to ask us to make no further use of, or delete, the information we have collected from your child, contact us as described in the “Contacting Us” section, below. In your request, please include your name and your child’s Kahoot username, and specify the action you would like us to take. For your child’s protection, we may need to verify your identity before implementing your request. Third Party Services This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Twitter, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to these or other organizations. Security We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below. Choices and Access Your choices regarding our use and disclosure of your Personal Information We give adult accountholders choices regarding our use and disclosure of their Personal Information for marketing purposes. You may opt-out from receiving marketing-related emails from us on a going-forward basis by clicking the unsubscribe link in any such email. In addition, in your user settings, you may opt-out of receiving emails letting you know that a Kahoot has been shared. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out. How you can access, change or suppress your Personal Information If you are an adult accountholder and you would like to review, correct, update, suppress or delete Personal Information that you have previously provided to us, you may contact us by email at hello@getkahoot.com or at: Kahoot! 701 Brazos St., Suite 1608 Austin, TX 78701 Kahoot! AS Tordenskiolds gate 2 0160 Oslo, Norway In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. You may also delete your account by selecting “Delete My Account” when logged into the Services. You may also delete, when logged into the Services, any content or information that you have posted to the Services in the form of Kahoots that you have created. Please note that your actions cannot ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted or repurposed by another accountholder.We will try to comply with your requests as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. Retention Period We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Cross-border transfer Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. Sensitive information We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us. Updates to this Privacy Policy We may change this Privacy Policy. The “LAST UPDATED” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy. SYSTEM SOFTWARE LICENSE AGREEMENT (Version 1.4) FOR THE PlayStation®3 SYSTEM December 10, 2009 PLEASE READ THIS SYSTEM SOFTWARE LICENSE AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS. ACCESS TO OR USE OF THE SYSTEM SOFTWARE IN THE SONY COMPUTER ENTERTAINMENT INC. ("SCE")'S PlayStation®3 COMPUTER ENTERTAINMENT SYSTEM UNIT ("PS3™ system") IS EXPRESSLY CONDITIONED UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. This Agreement is a contract with SCE. This Agreement applies to any system software or firmware included in the PS3™ system, and any patches, updates, upgrades, or new versions of the system software or firmware provided to or made available for your PS3™ system through any SCE service or online network, SCE website or PS3™ system game disc (software is collectively, "System Software"). 1. LICENSE GRANT Subject to the terms and conditions of this Agreement, all System Software is licensed to users solely for personal, non-commercial use on the PS3™ system in the country in which the PS3™ system was designed by SCE to operate. To the extent permitted by applicable law, your rights to use or access the current version of the System Software will cease upon installation of a newer version of the System Software onto your PS3™ system, whether such installation occurs through manual or automatic download by SCE through SCE's online network, or otherwise. SCE does not grant any license to System Software obtained by users in any manner other than through SCE's authorized distribution methods. Your use or access to open source software or freeware included with the System Software is subject to additional terms and conditions set forth in the instruction manual or documentation for the PS3™ system or at http://www.scei.co.jp/ps3-license/index.html. Such additional terms are hereby incorporated by reference. You do not have any ownership rights or interests in the System Software. All intellectual property rights therein belong to SCE and its licensors, and all use or access to such System Software shall be subject to the terms of this Agreement and all applicable copyright and intellectual property laws. Except as expressly granted in this Agreement, SCE and its licensors reserve all rights, interests and remedies. 2. RESTRICTIONS You may not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the System Software. To the fullest extent permitted by law, you may not reverse engineer, decompile, or disassemble any portion of the System Software, or create any derivative works, or otherwise attempt to create System Software source code from its object code. You may not (i) use any unauthorized, illegal, counterfeit, or modified hardware or software in connection with the System Software, including use of tools to bypass, disable, or circumvent any encryption, security, or authentication mechanism for the PS3™ system; (ii) violate any laws, regulations or statutes, or rights of SCE, its affiliated companies, or third parties in connection with your access to or use of the System Software, including the access, use, or distribution of any software or hardware that you know or should have known to be infringing or pirated; (iii) use any hardware or software to cause the System Software to accept or use unauthorized, illegal, or pirated software or hardware; (iv) obtain the System Software in any manner other than through SCE's authorized distribution methods; or (v) exploit the System Software in any manner other than to use it in your PS3™ system in accordance with the accompanying documentation and with authorized software or hardware, including use of the System Software to design, develop, update, or distribute unauthorized software or hardware for use in connection with the PS3™ system for any reason. Without limiting the scope of SCE's remedies, any violation of these restrictions will void the PS3™ system's warranty and affect your ability to obtain warranty services and repair services from SCE or its affiliated companies. 3. SERVICES AND UPDATES From time to time, SCE may provide updates, upgrades or services to your PS3™ system to ensure it is functioning properly in accordance with SCE guidelines or provide you with new offerings. Some services may be provided automatically without notice when you are online, and others may be available to you through SCE's online network or authorized channels. Without limitation, services may include the provision of the latest update or download of new release that may include security patches, new technology or revised settings and features which may prevent access to unauthorized or pirated content, or use of unauthorized hardware or software in connection with the PS3™ system. Additionally, you may not be able to view your own content if it includes or displays content that is protected by authentication technology. Some services may change your current settings, cause a loss of data or content, or cause some loss of functionality. It is recommended that you regularly back up any data on the hard disk that is of a type that can be backed up. Other services or content may be made available to you by third parties who may require you to accept their terms and conditions and privacy policy (“Third Party Agreement”). SCE may refer to or provide you with links to websites that third parties independently operate or maintain (“Linked Sites”). SCE and its affiliated companies do not control or direct Linked Sites, nor do SCE and its affiliated companies monitor, approve, endorse, warrant or sponsor any information, conclusions, recommendations, advertisement, products, services or content described on Linked Sites. You acknowledge and agree that SCE and its affiliated companies have no liability to you for the information on the Linked Sites. Your reliance on any such information is at your own risk, and you assume all responsibilities and consequences resulting from your reliance. Please see your user's manual for information on controlling access to Linked Sites via PS3™ system's parental control. Notwithstanding any provision of any terms and conditions, in the event of any conflict between this Agreement and the Third Party Agreement, this Agreement shall control as between you and SCE. 4. COLLECTION OF INFORMATION/ AUTHENTICATION SCE may retrieve information about your hardware and software for authentication, copy protection, account blocking, system monitoring/diagnostics, rules enforcement, game management, marketing purposes, tracking user behavior and other purposes. The information collected is not your personally identifying information. SCE may use DNAS (Dynamic Network Authentication System), a proprietary system designed to authenticate game titles and the PS3™ system when you connect the PS3™ system to a network, to collect this information. Any unauthorized transfer, exhibition, export, import or transmission of programs and devices circumventing DNAS may be prohibited by law. SCE reserves the right to use any other authentication or security system, or method in connection with the PS3™ system. You can find more information on how SCE or its affiliated companies may use the collected information by referring to the privacy policy on the SCE company's website for your territory. The applicable privacy policy applies to your use of the PS3™ system. 5. INTERNET FEATURES Use of any feature that requires access to internet connection, including the PS3™ system's internet browser (“Internet Features”) is at your own risk. Internet Features may require wireless LAN access which may NOT be available at your location, free of charge, or free from interruption or disconnections. See your wireless LAN provider for details. Internet Features may NOT support all wireless LAN access connection points or Web sites. Browsing websites, or accessing any of the content may result in viruses, loss or corruption of data, or other problems. You must comply with all applicable laws and regulations. See other terms and conditions of use in the user's manuals. You are responsible for all fees in connection with access to or use of the internet. 6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY The System Software and the contents, programs, services and websites on or provided through the System Software, including Internet Features and information on Linked Sites are provided "AS IS". SCE and its affiliated companies expressly disclaim any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. SCE AND ITS AFFILIATED COMPANIES EXCLUDE ALL LIABILITY FOR ANY LOSS OF DATA, LOSS OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL HOWEVER ARISING, AS A RESULT OF ACCESSING TO OR USING THE SYSTEM SOFTWARE OR ANY OF THE CONTENTS, PROGRAMS, FEATURES, SERVICES OR INFORMATION ON OR PROVIDED THROUGH THE SYSTEM SOFTWARE. SO LONG AS THIS PROVISION IS ENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 7. TERMINATION If SCE determines that you have violated the terms of this Agreement, SCE may take all actions to protect its interests, including denial of any services such as warranty services and repair services provided for your PS3™ system and termination of your access to PlayStation®Network, implementation of upgrades or devices intended to discontinue unauthorized use, or reliance on any other remedial efforts as reasonably necessary to prevent the use of a modified PS3™ system, or any pirated material or equipment. SCE and its licensors reserve the right to bring legal action in the event of a violation of this Agreement. SCE reserves the right to participate in any government or private legal action or investigation relating to your conduct. 8. EXPORT CONTROL The PS3™ system may contain technology that is subject to certain restrictions under the export control laws and regulations of the United States, including but not limited to the Export Administration Regulations, and the embargo and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. As such, the PS3™ system may not be exported or re-exported to persons and entities prohibited by such laws and regulations. 9. GENERAL LEGAL By using or accessing the System Software, you agree to be bound by all current terms of this Agreement. To access a printable, current copy of this Agreement, go to http://www.scei.co.jp/ps3-eula/ on your personal computer. SCE, at its sole discretion, may modify the terms of this Agreement at any time, including any terms in the PS3™ system documentation or manual, or at http://www.scei.co.jp/ps3-license/index.html. Please check back on this website from time to time for changes to this Agreement. Your continued access to or use of the System Software will signify your acceptance of any changes to this Agreement. In the event of any conflict between this Agreement and the Terms of Service and User Agreement for SCE's online network, the terms of this Agreement shall control the use of or access to, the System Software. Queensland Health's Public Network Terms and conditions of use The QH-FreeWiFi service may be restricted or terminated at any time to ensure the continued delivery of healthcare services are not interrupted or impacted. As this is a free service open to the general public, Queensland Health and this facility cannot guarantee the security of the QH-FreeWiFi service at all times. Access and use of this network is at your own risk. You are solely responsible for ensuring that usernames, passwords and security based information are kept private to prevent unauthorised access. You understand and acknowledge that by using the QH-FreeWiFi service to make information available on the internet or any of its protocols; such information may become available to all Internet users. Queensland Health and this facility accept no liability for the disclosure of any such information and are not liable for any loss or damage you may sustain as a result of your use of the QH-FreeWiFi service. Limitations The maximum download speed available for the QH-FreeWiFI service is 512 kbps and users are required to re-authenticate after every 12 hours of use or 30 minutes of inactivity. Queensland Health may, in its absolute and sole discretion, limit or block certain websites and/or content from being accessed while using the Wi-Fi service. Disclaimer Queensland Health is providing wireless connectivity in this facility as a guest service and offers no guarantees that any use of the wireless connection is in any way secure, or that any privacy can be protected when using this wireless connection. Use of this wireless connection is entirely at the risk of the user, and Queensland Health is not responsible for any loss of any information that may arise from the use of the wireless connection, or for any loss, injury, or damages resulting from the use of the wireless connection. Privacy Queensland Health will only collect, use and store your personal information for the purposes of delivering wireless internet access in accordance with the applicable legislation and the Terms of Use. Who do I contact if I have feedback or a question? Please email your questions and feedback to WiFi-Feedback@health.qld.gov.au. Agreement By entering Accept below, you are entering into a binding agreement. Moreton Island Adventures Terms and Conditions You’re booked and on your way to getting off road and unplugged on Moreton Island! We know you’re keen to Escape the Fake so we won’t bore you with unnecessary details – we just want you to have all the information you need for an enjoyable and fuss-free trip on the island… Get me there quick! We don’t want to leave anyone behind, so please make sure you have booked your vehicle and trailer at the correct size – standard size for vehicle and trailer is under 5.2m inclusive of any extra “bits” hanging off (so things like motors, fishing rod holders etc). Give our office a call if you’re unsure of how to do this or if your vehicle is oversized, so you don’t get left in the concrete jungle when you should be chilling with your feet in the sand. If you’re lucky enough to have a truck or canter please call our office to book this in. You said I have to be where when? Departure: Please arrive at 14 Howard Smith Drive, Port of Brisbane OR Moreton Island Wrecks 1 hour prior to your departure time* – we’ll get you on as quick as we can so you can enjoy a coffee or a smiley pie pronto. *Sunday 14.30 service – you only need to arrive by 13.45 for this service as the ferry crew will arrive back to port around 2pm and get you out of the carpark and onto the island before you know it. *Please note that MICAT may depart once all booked persons are on board so we do recommend pre-booking on all services. Contact Numbers If you want to change or make a booking – Head to www.moretonislandadventures.com.au/contact/book-now/ to make or change bookings and check availability for services. You need to talk to an expert – Contact an Escape Officer during office hours (see below) on (07) 3909 3333. You’re running late for the ferry – contact the ticket office on 0427 623 489 (available 1 hour prior to the Brisbane to Moreton service only), on a weekend (or when you’re on the island) you can contact the MICAT ferry direct on 0408 885 405 (no bookings, cancellations or changes can be processed via these numbers). You want to eat some awesome food at Castaways Restaurant – bookings via (07)34082202, they can also help you if you forgot to pack the butter, jam or more importantly BEER! Your vehicle is bogged and you’ve given up on digging – call Lindsay Robertson (3408 3545/0414 949 876) or John Kluba (3408 3930/0428 986 890) but remember nothing in life is free so make sure you ask what the fees are BEFORE you get them to tow you out. That pesky GPS update There have been great road updates recently that your GPS (and google maps) may not be aware of – please check out www.moretonislandadventures.com.au/contact/contact-us/ for instructions on how to get to the terminal without having a meltdown. Yep it’s a National Park So there are fees to keep the park looking as beautiful as ever which are not included in your MICAT fares. If you don’t want to share a tent with crazy Bob we recommend pre-purchasing camping and vehicle permits BEFORE you arrive. We love talking to the rangers, but if you want to stay on their good side you’ll need to print and display your vehicle permit on your windscreen before driving on to the sand. We can take all the hassle out of booking your permits by doing it for you, but do so on behalf of you through the National Parks website. A small fee is all you will pay for this timesaving service which covers our basic costs. Bookings for other parks such as Fraser will incur a larger fee. All permit payments (excepting aforementioned fee) are sent directly to National Parks and subject to their terms and conditions which can be found at http://www.nprsr.qld.gov.au/policies/pdf/camping-vehicle-acc-permit-fee-booking-refunds.pdf The fine print (you know we have to…) No refunds or partial redemptions are given at any time. Included passengers must travel with the vehicle or trailer with which they are booked. Vehicle size categories are under 5.2m, under 6m and under 7m. Vehicles not booked at the correct size may be left behind. Vehicles under-booked will be charged the additional fees prior to boarding and may be left until last to board. Bookings subject to minimum notice periods for changes or cancellations (see below for details). Bookings forfeited 100% if notice is not provided. MICAT services, accommodation, events and group bookings may be cancelled or altered for various reasons at any time without notice. MICAT services are only cancelled due to weather conditions if it is deemed by Maritime QLD safety standards to be unsafe to travel in Moreton Bay. In the case of cancellation for these reasons bookings will be moved to services of the customer’s choice. Cancellation credits can be used toward another booking for travel with Moreton Island Adventures within 12 months of the original booking date. Cancellation credits are less a cancellation fee Credit card surcharges will not be credited in the event of cancellation Changes are subject to availability and refunds will not be issued for unavailable date changes. MIF Pty Ltd accepts no responsibility for any damages sustained to vehicles or property during travel, we recommend you purchase suitable insurance for your trip. Changes / Cancellations Policies Vehicle: 72 hours’ notice (OFF PEAK PERIODS) and 7 days’ notice (PEAK PERIODS) required for changes or cancellations; if provided customers may move booking dates to within 12 months of the original booking date. If provided, booking may be cancelled and credit will be held for 12 months less a cancellation fee and credit surcharges. Passenger (PEAK/OFF PEAK): 24 hours’ notice required for changes or cancellations. If provided, bookings can be moved to dates within 12 months of original booking. If provided, booking may be cancelled and credit held for 12 months from cancellation date. Castaways Glamping/Unit Accommodation (inclusive of packages including accommodation): 14 days’ notice required (OFF PEAK PERIODS) and 30 days’ notice required (PEAK PERIODS) for changes or cancellations; if provided customers may move booking dates to within 12 months of the original booking date. If provided, booking may be cancelled and credit will be held for 12 months less a cancellation fee and credit surcharges. Group Bookings: Subject to additional terms and conditions available on quote. All quotes valid 14 days only. Special offers, vouchers, prizes and events: may have their own specific terms and conditions displayed on the entry and or quote. All bookings also subject to standard terms as above. All special offers are subject to terms above and will only be eligible for credits less rebooking fees/surcharges for the special offer amount. Customer will be responsible for any price difference upon rebooking outside special offer terms. Rebooking using a credit from a cancelled booking: contact (07) 3909 3333 to rebook. Quote your original booking number. Any increase in rates will be payable by the customer at the time of booking. No refunds will be issued of any remaining monies after rebooking. Remaining credit is available within the original 12 month period only. Rebooking is subject to availability and new bookings will be subject to new terms and conditions. Nintendo Account Agreement Version: 03.2017 (AU/NZ) This is a binding agreement between you, an individual, Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan (“NCL"), and Nintendo Australia Pty Limited ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, 3179, Australia (“NAL"). NAL and NCL are together and individually referred to as “Nintendo" or “we" or “our". This Nintendo Account Agreement (the “Agreement") covers your use of the Nintendo Account. This Agreement comes into force when you register your Nintendo Account and indicate your acceptance of this Agreement during the registration by means specifically provided by Nintendo for this purpose. If you are under the age of 18, your parent or legal guardian must accept this Agreement on your behalf. A General Provisions 1 Definitions In this Agreement, the following terms shall have the following meanings: “Digital Products" refers to all games, applications and software, add-on content for games, applications and software, vouchers for digital services, and other digital content which can be accessed via the Nintendo Account Service. "Nintendo Account" refers to an individual account created by NCL for a person who submitted the registration request and accepted the terms of this Agreement. "Nintendo Account Service" refers to an aggregate of all games, applications, software, services, portals, data, websites and other content, whether commercial or non-commercial content, of Nintendo or third party partners of Nintendo, that is available to users with a registered Nintendo Account when they access games, applications, software, portals, messages, information, data and other content identified as Nintendo Account Service content on any device connected to the internet. "Nintendo Intellectual Property" refers to all intellectual property, including but not limited to registered and unregistered trademarks, service marks, logos, registered and unregistered designs, copyrights, database rights, inventions, patents, trade secrets, know-how, Mii characters and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use. “Nintendo Shopping Services" refers to any applications, software and services available as Nintendo Account Service that allow users by using a Nintendo Account to (i) acquire Digital Products from NAL, free of charge or against payment, and/or to (ii) register licenses for and download games, applications, software, add-on content for games, applications and software, vouchers for digital services and other digital content. "Third-Party Services" refers to any applications, software, add-on-content, services, websites, portals, data and other digital content provided by third parties that may be accessible via the Nintendo Account Service, but that are not operated by Nintendo and that allow users to access or register games, applications, software and other digital content of third parties independently from the Nintendo Account under the terms established by third parties. "User Device" refers to a device manufactured by Nintendo or a third party on which a Nintendo Account user uses a Nintendo Account to access the Nintendo Account Service. "User-Generated Content" refers to any communications, messages, text, images, drawings, photos, sound, voice, audio recordings, music, movies, information, data and any other material and content (including user names, nicknames, customised Mii characters, Mii nicknames, customised levels, maps, scenarios etc.) that is created by or licensed to Nintendo Account users and that is posted, sent or otherwise made available by a Nintendo Account user via Nintendo Account Service. 2 Nintendo Account To use the Nintendo Account Service you must register a Nintendo Account with NCL. You must provide accurate and complete data during the registration and update your registration information if it changes. If you change the country registered with your Nintendo Account, you must agree to the Nintendo Account agreement applicable for the new country. The Nintendo Account is personal to you and you may not sell, trade, assign or otherwise transfer your Nintendo Account to any other person or entity. You are responsible for all transactions made via your Nintendo Account. You must keep your sign-in information secure at all times. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised access to your Nintendo Account by a third party, or any loss, theft or disclosure of your sign-in information, you must immediately notify NCL. NCL, in its sole discretion, may allow you to link your Nintendo Account to one or several devices manufactured by Nintendo or third parties. If your Nintendo Account is linked to such a device, you must delete your Nintendo Account and any other content that is personal to you from such a device before you sell or otherwise transfer this device to another person. You may be able to set up additional Nintendo Accounts on behalf of your children or wards that are dependent on your Nintendo Account. You agree to be bound by this Agreement for any such associated Nintendo Accounts (including those for children below the age of 13) you hold now or set up later and that you are responsible for all activities and transactions that take place through your Nintendo Account and any associated Nintendo Accounts. Children from the age of 13 may use a Nintendo Account set up for them by their parent or legal guardian which is not an associated Nintendo Account. Parents or legal guardians must supervise their children’s use of the Nintendo Account at all times. Parents or legal guardians are responsible for using the parental control functionalities offered by Nintendo as part of the Nintendo Account Service if they want to limit their children’s use of Nintendo Account Service. 3 Use of Nintendo Account Service The Nintendo Account Service is solely for your own personal recreational and non-commercial use. The Nintendo Account Service must not be used for any other purpose. You are responsible for all costs in relation to the use of your Nintendo Account, whether by yourself or by your friends, your family or any other third party (including any internet connection fees, the costs for the necessary equipment and any other relevant fees and charges). The exact amount of costs depends, among other things, on the device that you use to access the Nintendo Account Service, on your activities in the Nintendo Account Service and on the conditions of your internet access provider. The Nintendo Account Service is not available in all countries. Games, applications, software, services, portals, data and other content offered via the Nintendo Account Service may differ from country to country. Nintendo may from time to time change the Nintendo Account Service, in part or in whole, for the benefit of the Nintendo Account Service users. Age restrictions may apply to certain Nintendo Account Services. 4 User-Generated Content Nintendo is not responsible for any User-Generated Content. User-Generated Content is the sole responsibility of the Nintendo Account user who posted, sent or otherwise made available such User-Generated Content via the Nintendo Account. Nintendo is not obligated to monitor User-Generated Content. However, if Nintendo becomes aware of possibly unlawful or inappropriate User-Generated Content, Nintendo reserves the right to delete or to block access to such User-Generated Content at its own discretion. If you post, send or otherwise make available User-Generated Content via your Nintendo Account you grant Nintendo a non-exclusive, worldwide, royalty-free, perpetual and fully transferable right to reproduce, publish and make available User-Generated Content via the Nintendo Account Service as envisaged by the application that you use to post, send or otherwise make available such User-Generated Content. This does not apply to User-Generated Content contained in any private messages or in any other private communication. You acknowledge that any User-Generated Content that you publish via the Nintendo Account Service or share with other users may be viewed, reproduced, published and/or modified by third parties (for example, by making a screenshot of such User-Generate Content ). You should not include personal information such as your name, your email address, your address or your telephone number or any other sensitive information in User-Generated Content. You acknowledge that the Nintendo Account Service may be changed, in part or in whole, at any time and any User-Generated Content may be deleted from the Nintendo Account Service at any time. Nintendo is not obligated to store any User-Generated Content. User-Generated Content that you post, send or otherwise make available through your Nintendo Account Service must comply with the Nintendo Code of Conduct. 5 Nintendo Code of Conduct When using the Nintendo Account Service, you must comply with the Nintendo Code of Conduct. The Nintendo Code of Conduct prohibits all illegal, harmful or otherwise inappropriate conduct, including, but not limited to, the following: Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions performed with the Nintendo Account; Providing any incorrect or false data when registering or using the Nintendo Account; Making, sharing or playing unauthorised copies of games, applications, software, add-on content, music, images, videos and other content available via the Nintendo Account Service; making new versions of Digital Products or other content available via the Nintendo Account Service ("derivatives"); Using cheats, automation software (bots), hacks, mods or any other unauthorised software designed to modify the Nintendo Account Service or any part of it or using any unauthorised User Device or any unauthorised modification of a User Device; attempting to derive source code of the Nintendo Account Service; Gaining unauthorised access to any of Nintendo’s computers, hardware, equipment, servers or networks used to support the Nintendo Account Service; hosting, intercepting, emulating, reverse engineering any part of the Nintendo Account Service or redirecting the communication protocols used by Nintendo as part of the Nintendo Account Service, regardless of the method used to do so; Engaging in any commercial or advertising activity, or arranging meetings using a Nintendo Account; Selling, trading, assigning or otherwise transferring a Nintendo Account to another person or entity; Posting, sending or otherwise making available via Nintendo Account Service any content that infringes the rights of others, including any patent, trademark, trade secret, copyright, privacy rights, portrait rights or other intellectual property or proprietary rights; Posting, sending or otherwise making available via Nintendo Account Service any content that contains personal information (including photos, images and videos) of any third party without their permission; Selling, trading, assigning, licensing, or otherwise conveying virtual property for real money or for funds credited to a Nintendo Account, where "virtual property" refers to any features of games or other content that can be traded with other users for free or for in-game virtual currency; Fraudulent activities performed in relation to the Nintendo Account Service (in particular in relation to transactions in Nintendo Shopping Services). 6 Background Communication Features If background communication features are enabled on your User Device, your User Device may perform automatic background communication with Nintendo servers and other User Devices. Background communication with Nintendo servers enables your User Device to receive system updates, updates for software and applications installed on your User Device, updates for content on Nintendo Account Service, new applications and important service messages from Nintendo. A system or software update may be required to fully enjoy all features of the Nintendo Account Service. Background communication with other User Devices may happen depending on the application you use. You will be informed about the background communication features in the respective application. You can disable background communication features in the settings of your User Device and/or in the settings of the respective application. Depending on your User Device, you may also disable background communication features completely by switching off your User Device communication functions. 7 Third-Party Services The Nintendo Account Service may offer access to Third-Party Services. Third-Party Services are offered and distributed by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through Third-Party Services. Products that you may acquire via Third-Party Services are not registered to your Nintendo Account. Nintendo assumes no liability in respect of Third-Party Services. Third-Party Services are subject to terms and conditions provided by the respective third parties. Parental control functionalities offered by Nintendo may not work with Third-Party Services. 8 Nintendo Intellectual Property NCL owns all rights, titles and interest (including all intellectual property rights) in, and has the right to use and sublicense, the Nintendo Intellectual Property necessary to operate the Nintendo Account Service. NCL grants to you a personal licence to use the Nintendo Intellectual Property as far as this is necessary to use your Nintendo Account in compliance with the terms of this Agreement. You may not transfer, assign, sublicense or otherwise dispose of this licence to another person or entity and may not use the Nintendo Intellectual Property for any commercial purpose. Further to the licence set out in this Agreement, NCL does not provide you with any right, title or interest in the Nintendo Intellectual Property. NCL reserves all rights in the Nintendo Intellectual Property. 9 Nintendo's Liability to You You have rights that cannot be excluded under the Australian Consumer Law or under New Zealand’s Consumer Guarantees Act 1993. This provision does not exclude, restrict or modify those rights or any other statutory provision which implies non-excludable conditions, warranties or consumer guarantees into this Agreement. To the full extent permitted by law, the liability of Nintendo under such non-excludable conditions, warranties and consumer guarantees is limited to supplying you the Nintendo Account Service again or the payment of the cost of having the Nintendo Account Service supplied again (whichever Nintendo chooses). Otherwise, we provide the Nintendo Account Service without express or implied warranty, undertaking, inducement or representation of any kind. This means that Nintendo does not warrant that the Nintendo Account Service will always work properly or that it will be free from viruses, hacks or other harmful intrusions. Subject to this clause and to the full extent permitted by law and subject to any non-excludable statutory condition, warranty or consumer guarantee, Nintendo's liability to you and any other person: does not include punitive, special, consequential or incidental damages (including, without limitation, claims for loss of data, User-Generated Content, Third-Party Services); does not include any claims for loss of profit, loss of business, business interruption, loss of data or loss of business opportunity, as the Nintendo Account Service is not for commercial use but for your own personal recreational use.; and does not include liability to third parties. Except in relation to non-excludable conditions, warranties or consumer guarantees, these limitations on Nintendo’s liability apply to all matters relating to the Nintendo Account Service including your use of the User Device. These limitations apply to any type of claim, including breach of contract, breach of warranty, strict liability, negligence or other tort. 10 Indemnity You agree to indemnify and hold Nintendo, its affiliates and subsidiaries harmless from and against any loss, liability or claim (including reasonable legal fees) arising out of or in connection with your use of the Nintendo Account Service in an unlawful manner or otherwise in breach of the terms of this Agreement (including, without limitation, the Nintendo Code of Conduct). This indemnity shall include, in particular, any loss, liability or claim arising out of or in connection with any User-Generated Content or Third-Party Services, including, without limitation, any photographs, videos or any other materials you upload. 11 Changes to the Agreement A current version of this Agreement will always be available on Nintendo's website. Nintendo may change the terms and conditions of this Agreement at any time so far as this is reasonably necessary in order to protect Nintendo’s legitimate interests or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements. Nintendo may make changes to this Agreement without notice if the changes are not likely to cause detriment to you. In other cases, Nintendo may request you to re-accept the revised Agreement, in which case any such changes of the terms and conditions of this Agreement become valid if you accept the updated Agreement. If you do not accept the updated Agreement, you may not be able to access the Nintendo Account Service and Nintendo reserves the right to terminate this Agreement or any portion of it upon reasonable notice and you will have to register again if you wish to continue using the Nintendo Account Service under the new terms and conditions. If you do not agree with changes to this Agreement, you may cease using the Nintendo Account Service or terminate this Agreement at any time by deleting your Nintendo Account. 12 Termination and Transfer of the Agreement You may terminate this Agreement at any time by deleting your Nintendo Account. Nintendo may terminate this Agreement, or any part of this Agreement, at any time, without notice if you breach the terms of this Agreement. In case of minor breaches Nintendo will provide you with a prior warning of your non-compliance and give you an opportunity to remedy this. However, if you commit a serious breach, Nintendo is not required to provide you with such prior warning. Serious breaches include, but are not limited to, a breach of the Nintendo Code of Conduct and other important provisions of this Agreement. Nintendo may also terminate this Agreement, or any part of this Agreement, at any time, for legal, technical or commercial reasons. In this case, we will provide you with reasonable advance notice. The termination of this Agreement for any reason will lead to the termination of any licences granted under the Agreement and will prevent your use of the Nintendo Account Service, including, but not limited to, Nintendo Shopping Services. The termination of a part of this Agreement may limit your use of selected applications and functionalities of the Nintendo Account Service. You agree that any termination of your Nintendo Account may also affect any associated Nintendo Accounts as described in Article 2. If this Agreement is terminated for any reason, Articles 8, 9, 10, 13 and 14 will remain in effect. Either NCL or NAL may transfer in its sole discretion the entire contractual relation with you under this Agreement or parts thereof to the respective other affiliated Nintendo company. You will be informed of such transfer at least one month in advance. 13 Agreement Interpretation If any part of this Agreement is found to be invalid or unenforceable, that part of the Agreement will no longer apply. You agree that the invalid part will be considered deleted from the Agreement, but that all other parts of the Agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to the initial intention. 14 Governing Law 14.1 Except to the extent expressly provided in section 14.2, this Agreement and the relationship between you and NCL shall be governed by the laws of Japan, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods. For the avoidance of doubts, this does not affect the applicability of mandatory statutory laws such as consumer protection laws of your country of residence. 14.2 The relationship between you and NAL is governed by the applicable laws of the State of Victoria, Australia, to the exclusion of the UN Sales Convention on Contracts for the International Sale of Goods, and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia. 15 Customer Support If you have any questions about this Agreement, please contact us. Contact details of your local Nintendo Customer Support can be found at: http://www.nintendo.com.au/contact 16 Use of Digital Products on Apple’s Devices If you use the Digital Product on a device provided by Apple, Inc. (“Apple"), the following applies: 16.1 The Digital Product should be used in line with the App Store Terms of Service. 16.2 The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Digital Product. 16.3 The parties acknowledge that Apple bears no responsibility for any claims that the use of the Digital Product infringes the intellectual property rights of third parties. 16.4 You represent and warrant that you do not live in a US export-embargoed country or a country designated as a “terrorist supporting" country by the United States government, and that you are not on the list of people barred or excluded from the United States. 16.5 The parties acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. B Nintendo Shopping Services Nintendo Account Services may offer access to Nintendo Shopping Services. You can use Nintendo Shopping Services to acquire Digital Products from NAL, free of charge or against payment, as well as to download and use Digital Products on your User Device and/or via Nintendo Account Services. All sales through Nintendo Shopping Services are made by NAL and NAL is the seller to you. 1 Digital Products 1.1 Registering Digital Products In order for you to download and use Digital Products via the Nintendo Shopping Services, a licence for the respective Digital Product needs to be registered. The licence for Digital Products may be acquired in various ways, subject to availability in your country. In case the licence for a Digital Product is offered free of charge by NAL in Nintendo Shopping Services, the licence will be registered to your Nintendo Account after you have submitted the respective order in Nintendo Shopping Services. Except as otherwise provided, in case the licence for a Digital Product is offered for purchasing in Nintendo Shopping Services by NAL, the licence will be registered to your Nintendo Account after you have submitted the respective order in Nintendo Shopping Services and made the payment to NAL. The licence for a Digital Product may also be purchased or acquired outside of Nintendo Shopping Services. In this case, you will be informed about the applicable process to register the licence for a Digital Product to your Nintendo Account. Except as otherwise provided, the licence for a Digital Product is tied to your Nintendo Account and allows you to use the Digital Product only on one User Device you have linked to your Nintendo Account and to which the Digital Product has been downloaded. Except as otherwise provided, all users on your linked User Device may use the respective Digital Product. In case NAL offers a license for a Digital Product for download and use on a Nintendo 3DS system or Wii U console for purchasing in Nintendo Shopping Services, a Nintendo Network ID is required and the license for the respective Digital Product is registered and tied to your Nintendo Network ID. In this case, the Nintendo Network Agreement and Nintendo Network Privacy Policy you accepted when registering a Nintendo Network ID apply to your download and use of the Digital Product. IMPORTANT: NCL will solely provide the technical infrastructure to enable you to register the licence to your Nintendo Account. However, NCL is not the seller. 1.2 Licence for Digital Products Any Digital Products registered to your Nintendo Account and any updates of such Digital Products are licensed only for personal and non-commercial use on a User Device. Digital Products must not be used for any other purpose. In particular, without NAL’s written consent, you must neither lease nor rent Digital Products nor sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital Products other than as expressly permitted by applicable law. 1.3 Virtual Items The currency that is sold by NAL via Nintendo Shopping Services for use in a Digital Product or any other digital item that you may acquire within a Digital Product (the "Virtual Items") is made available to you as a digital content in the form of a license (right) to trade or exchange for other digital content within the Digital Product. The Virtual Items, as well as other digital content traded or exchanged for Virtual Items can only be used within the respective Digital Product, cannot be transferred to a third party (unless a transfer is permitted within the Digital Product) and cannot be exchanged for legal tender or any item or right outside of the Digital Product. 2 Defects In the event of a defect the statutory provisions shall apply. If an additional manufacturer’s warranty applies, any claims based on a manufacturer's warranty are irrespective of any statutory rights you may have. 3 Payment Methods NAL may offer various payment methods, subject to availability in your country. NAL may allow you to upload and use funds to make the payment for Digital Products that you purchase from NAL in Nintendo Shopping Services. Funds may be uploaded to your wallet by using a credit card or any other payment method accepted by NAL, by inserting a digital code printed on a Nintendo eShop Card available in retail, or by any other method communicated by NAL. Funds are tied to your wallet and cannot be transferred to any other person or entity. Funds cannot be exchanged for cash or credit unless required by law. Funds can only be used to purchase Digital Products from NAL in Nintendo Shopping Services. NAL may, in its sole discretion, restrict the maximum amount of funds that may be uploaded to your wallet. You are responsible for any use of funds stored in your wallet. In case you acquire the licence for a Digital Product from any third party, the third party will inform you about the applicable payment method. 4 Shopping History For any transactions in Nintendo Shopping Services you will receive an electronic receipt confirming the transaction. This receipt will be sent to you via email. If you set up an associated Nintendo Account for your child below the age of 13, the receipt for any transactions that take place through the child’s Nintendo Account will be sent to your email address. 5 Third-Party Shopping Services Nintendo Account Services may offer access to shopping services operated by third parties. Third-party shopping services are offered by third parties at the sole responsibility of third parties. Nintendo neither becomes a party nor participates in any other way in any contract you may conclude with a third party through such third-party shopping services. Products that you may acquire via third-party shopping services are not registered to your Nintendo Account. Nintendo assumes no liability in respect of third-party shopping services. Third-party shopping services are subject to terms and conditions provided by the respective third parties. Nintendo Account Privacy Policy Version: 03.2017 (AU/NZ) Nintendo Co., Ltd., 11-1 Hokotate-cho, Kamitoba, Minami-ku Kyoto, 601-8501 Japan ("NCL") and Nintendo Australia Pty Limited ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, 3179, Australia (“NAL") respect the privacy rights of their users and recognise the importance of protecting their Personal Information. This Nintendo Account Privacy Policy (the "Privacy Policy") provides information relating to the collection, use and privacy of Personal Information you submit through the Nintendo Account. The information will primarily be collected by NCL. However, if you are in contact with NAL, in particular if you use the Nintendo Shopping Services to acquire Digital Products from NAL or to register licenses for Digital Products, information will be collected by NAL. Each of NCL and NAL shall solely be responsible for their own data processing activities under this Privacy Policy and NCL and NAL do not jointly determine the purposes and means of the data processing. NAL and NCL are together and individually referred to as “Nintendo" or “we" or “our". Nintendo complies with the Privacy Act 1988 (“the Act") and the Australian Privacy Principles (“the APPs") in relation to the collection, use, security of and access to Personal Information. In this Privacy Policy, “Personal Information" has the same meaning as in the Act. If you register a Nintendo Account and consent to this Privacy Policy, you agree that your Personal Information is collected, processed and used in accordance with this Privacy Policy. If you register a Nintendo Account and consent to this Privacy Policy on behalf of your child, you agree that the Personal Information of your child is collected, processed and used in accordance with this Privacy Policy. Words and expressions in this Privacy Policy have the same meaning as in the Nintendo Account Agreement. 1 Summary In particular, you agree that we may collect and store information about your person (such as an email address, birth date, country of residence and region, gender); information related to the User Device you use (such as IP address, MAC address, serial number, internet connection settings); or information about your transactions in Nintendo Shopping Services and information about the way you use the Nintendo Account Service and the Nintendo Shopping Services; we may use the collected information to provide to you content, products and services available on the Nintendo Account Service and, in particular, share information with other users of the Nintendo Account Service if you have chosen to participate in respective communicative and interactive games, applications or services on the Nintendo Account Service; we may use the collected information in the aggregated form for demographical and statistical analysis so that we can improve and optimise our content, products and services; we may use the collected information for marketing and market research purposes, so that content, products and services can be tailored to meet your needs and the recommendations, advertising and offers displayed to you in the Nintendo Account Service or other online activities can be customized accordingly. You can opt out of this use of your information at any time; normally, Nintendo does not collect Sensitive Information (as defined in the Act) it will only do so as specifically permitted by APP 3; we may share the collected information with other entities of the Nintendo group located in Europe and United States; you do not have to provide Personal Information to Nintendo, but if you choose not to, Nintendo may not be able to provide you with the Nintendo Account Service, or parts of it, for which the Personal Information is sought. 2 What Information We Collect 2.1 Information about Your Person For the registration of your Nintendo Account NCL will collect your email address, country of residence, date of birth and gender. 2.2 Information Related to Your Use of Nintendo Shopping Services If you use Nintendo Shopping Services (e.g. to purchase Digital Products from NAL, to upload funds to your wallet, to register licenses for Digital Products), the information about your person will be shared with NAL. You may need to provide credit card information (credit card number, expiration date and security code) to NAL to enable the transaction. NAL we may collect information about the transactions made via the Nintendo Shopping Services such as the registration of licences, purchase of Digital Products, use of items, payments, upload of funds and other related activities. NAL may also collect information about the way you use the Nintendo Shopping Services, such as which Digital Products you view or register on your wish list, which sections of the Nintendo Shopping Services you visit, how you navigate in the Nintendo Shopping Services as well as recommendations and game ratings made by you. 2.3 Information about the User Device To enable the connection of the User Device to Nintendo servers, we may collect technical information related to your User Device, such as MAC address, IP address, telephone number, serial number or other alphanumeric codes assigned to your User Device. We may also collect information about the settings of the User Device to optimise your experience, such as country settings, language settings, parental control settings and wireless access point information of the User Device; we may also collect screen resolution and other display preferences of the User Device. Depending on the application you use, we may collect information stored on your User Device such as your contacts list. You will be informed about such features in the respective application. 2.4 Information Related to Your Use of Nintendo Account To enable you to enjoy content, products and services available in the Nintendo Account Service, NCL processes the data related to your activities, such as the user name and alphanumeric codes assigned to your Nintendo Account, name, appearance and profile of the Mii character that represents you in the Nintendo Account Service; nicknames and IDs that you use in various applications, friends and favourites that you registered, Nintendo Account users you played with, User-Generated Content that you uploaded, posted or otherwise made available in the Nintendo Account Service, your online presence information, and other data specific to games and applications that you use. NCL may also collect your activity history data such as what games you played and what applications you used on your User Device, at what times you played games or used applications, your current level, score and in-game location as well as information you submitted when participating in surveys. 2.5 Linking Your Nintendo Account to Other Accounts NCL may allow you to link your Nintendo Account to an account offered by a third party. If you choose to link the accounts, NCL may collect and combine information you allowed NCL to receive from a third party with information of your Nintendo Account. If the linking of the accounts requires the transmission of information about your person from NCL to a third party, you will be informed about it before the linking takes place and you will be given an opportunity to refuse the linking and the transmission. Your information will be treated by a third party in accordance with the privacy policy of any such third party. NCL is not responsible for the use of your information by any third party. NCL may also allow you to link your Nintendo Account to another account offered by NCL, NAL or NCL’s affiliated companies. If you choose to link the accounts, NCL may collect and combine information related to your use of both such accounts and your data will be treated in accordance with the applicable privacy policy of any such other account that you have accepted. 2.6 Cookies and Similar Technologies Websites, the Digital Product and online content offered by Nintendo may use cookies and other similar technologies. Cookies are small files downloaded to your device. Cookies help us to ensure the safety and smooth functionality of our services (security cookies and session cookies) and to collect information about the preferences of the users in order to make our online offers more attractive for the users (tracking cookies). Nintendo may combine information received via such cookies with information in your Nintendo Account. 3 How Information Is Used 3.1 Providing the Service The information we collect is used to set up the connection of your User Device with Nintendo servers, to provide you content, products and services available via the Nintendo Account Service, to enable your participation in activities supported by the Nintendo Account Service, to process orders and requests that you make via the Nintendo Account Service and to provide consumer support and repair services (including hardware and repair services for User Devices manufactured by Nintendo). If you use Nintendo Shopping Services, NAL processes the information about the transactions you make to the extent necessary to process your orders, to provide you the transaction history and to meet NAL’s financial and legal obligations. If you use a credit card in the Nintendo Shopping Services, NAL will store the number of your credit card separately according to the rules issued by the credit card provider. Further, we may process information relating to the use of the Nintendo Account Service to prevent potentially illegal or offensive activities, to comply with our legal obligations or to enforce our rights or the rights of our users. 3.2 Communication and Interaction in the Nintendo Account Service If you use the parts of the Nintendo Account Service that support the communication between users and the exchange of User-Generated Content, other users may be able to see some information about you, such as your Nintendo Account, name and appearance of a Mii character representing you in the Nintendo Account Service, Mii profile information, country, name of your favourite application, or the most recent application that you used. Depending on the application you use in Nintendo Account Service, further data may be visible to other users, for example, whether you have played the game or used the applications about which you make a comment in the Nintendo Account Service. If sensitive data about your person is involved, such as your age or online status, you will be given a choice whether to allow sharing of such information. If you use interactive features or interactive applications of Nintendo Account Service (such as interactive games), usage information (such as game play information) may be shared between users to enable interaction. Interactive applications and features may support a "user history" feature so that users can see that they interacted with each other in the past. If you have set up a friend list or a black list for Nintendo Account users, this information may be processed by a game or application that you play to make sure that your choices are respected. If you have chosen to link your Nintendo Account to an account offered by Nintendo or a third party, the friend list registered with your Nintendo Account may be synchronised with a friend list registered with the account offered by a third party. The same applies if you are listed on a friend list or a black list of other Nintendo Account users. 3.3 Product Optimisation and Market Research We may use your information in the aggregated form for demographical and statistical analysis so that we can improve and optimise our content, products and services. We may also use your information for marketing and market research purposes, so that content, products and services can be tailored to meet your needs and the recommendations, advertising and offers displayed to you via the Nintendo Account Service or other online activities can be customized accordingly. You can opt out of this use of your information at any time. 4 Marketing and Advertising Subject to your separate consent, Nintendo may send you marketing and advertising messages about products of Nintendo or third parties to your email address or by other means described to you. In this case, we may also use your information to customise such marketing and advertising messages. You can withdraw your consent to receive marketing and advertising messages as described above at any time. 5 User Communications When you send an email or other communication to Nintendo, we may retain those communications and other information contained in any email you send, in order to process your inquiries and respond to your requests. 6 Disclosure of Information NCL and NAL may share your information with each other and use it in accordance with this Privacy Policy. We may also disclose information about you: to government, law enforcement and regulatory bodies where this is necessary for Nintendo to comply with its legal obligations; and to other organisations with which Nintendo has a business relationship (including other companies within the Nintendo Group), where such organisations have agreed to treat Personal Information in accordance with the Act and the APPs, and this Privacy Policy, including Nintendo of Europe GmbH and its branches in Italy, Germany, Austria, Switzerland and the United Kingdom; and Nintendo of America Inc. (located in the United States). Depending on your country of residence, we may also share your information with our third party distributors that provide consumer support services in connection with Nintendo Account for your country (including hardware and repair services for User Devices manufactured by Nintendo). Your information will be used in accordance with this Privacy Policy and as far as this is necessary for performing consumer support services. A list of the third party distributors is available at support.nintendo.com. Nintendo may also use third-party data processors acting in the interest of Nintendo to administer and process your information strictly in compliance with this Privacy Policy. 7 Safeguarding your Personal Information Nintendo will take reasonable steps to ensure the security, integrity and privacy of the Personal Information which it collects. This includes appropriate measures to protect electronic materials and materials in hard copy. Nintendo will take reasonable steps to assure that third parties to whom Nintendo transfers any Personal Information will provide sufficient protection of that Personal Information. 8 Access to, Correction and Deletion of Information Nintendo will take all reasonable steps to ensure that your Personal Information which Nintendo collects, uses or discloses is accurate, complete and up-to-date. You can access or correct the information you provided in the settings of your Nintendo Account, or by sending an email to Nintendo. Contact details of your local Privacy Compliance Officer can be found below. You can delete your information at any time by deleting your Nintendo Account in the account settings, or by sending an email to Nintendo. Your data will be deleted, unless we are required or permitted to retain it by law. The deletion of your Nintendo Account will lead to a termination of the Nintendo Account Agreement and prevent you from using the Nintendo Account Service. 9 Changes to this Privacy Policy Nintendo reserves the right to make changes in or to update this Policy at any time to reflect changes in its business requirements, changes in the law or technological developments. If you would like a copy of this Privacy Policy or have any questions, complaints or comments regarding it, please contact Nintendo's Privacy Compliance Officer (see contact details below). 10 Complaints and Further Information If you have any complaints about Nintendo's privacy practices, would like further information or would like to do any of the things listed in section 8 of this Privacy Policy please contact our Privacy Compliance Officer on the contact details below. Our Privacy Compliance Officer will review and investigate your complaint and communicate their findings and any proposed remedial action to you. 11 Contact Us If you have any questions about this Privacy Policy, please contact us by email. Contact details of your local Privacy Compliance Officer are: Privacy Compliance Officer, Nintendo Australia, 804 Stud Road, Scoresby, Victoria, 3179, e: nintendoaustraliaprivacy@nal.nintendo.com.au Go Via CUSTOMER SERVICE AGREEMENT – go via road pass 6 2. to a pass or an account in the order listed below, if we don’t detect a tag at the time of travel or are unable to charge the account associated with a detected tag: a. go via video pass (Trip pass or Toll Credit pass) b. go via road pass c. pre-paid or post-paid go via account. If there are multiple passes linked to the vehicle at the time of travel, the pass with the earliest expiry date will be charged. If there are multiple accounts linked to the vehicle at the time of travel, the account to which the vehicle was most recently linked will be charged. 3. to a valid pass or account with a compatible road operator. 4.3 Providing a valid credit card When you apply for a pass, you must give us your credit card details so we can charge tolls, fees and charges to your pass. We accept the following credit cards: Visa MasterCard American Express Diners Club. 4.4 Charging your credit card We charge your credit card every seven days, for any tolls, fees and charges that are processed to your pass during the previous seven-day period. For the purposes of credit card authentication, when setting up your pass, we may place a temporary hold for a small sum on your credit card which automatically expires after five business days. This is to ensure your credit card is valid at the time your pass is set up. No money will be taken from your credit card. We may charge your credit card even after your pass ends to process tolls, fees and charges that applied to the vehicle while the pass was valid. Some charges may be processed to your pass up to 60 days after the vehicle travelled on our motorway or a Queensland compatible road. 4 Paying for your tolls CUSTOMER SERVICE AGREEMENT – go via road pass 9 8 Privacy 8.1 Personal information we hold We hold electronic or other records about you and each of your tolling products. Those records include the following details: the information you give us in an application or other notification (including your credit card details), and all transactions linked to your pass. 8.2 How we can use and disclose your personal information You agree that we can collect, use and disclose your personal information: to complete our obligations and exercise our rights under this Agreement, and in accordance with our Privacy Statement. 8.3 Our Privacy Statement Our Privacy Statement outlines how we collect, use and disclose your personal information. It also explains how you can access the personal information we hold about you and ask us to correct it. You can access a copy of our Privacy Statement electronically at govia.com.au or by contacting us (see section 13 for our contact details). 8 Privacy CUSTOMER SERVICE AGREEMENT – go via road pass 10 9 Enquiries, complaints and disputes You should contact us about your pass or this Agreement if you: have any questions want to make a complaint want to raise a dispute. You may contact us by using any of the methods set out in section 13. Once you contact us, a customer service officer will respond to you as soon as possible. If you’re not satisfied with the response, you can ask for the matter to be reviewed by our customer relations team. If you are still dissatisfied with the outcome you can contact the Tolling Customer Ombudsman. To find out more about that process, you can download the information brochure on the Tolling Ombudsman website at www.tollingombudsman.com.au or by calling 1800 145 009. Please note the Tolling Ombudsman will only review a complaint if it has been through Transurban Queensland’s full internal complaint resolution process and is still not resolved. 10 Changes to this Agreement 10.1 How we may tell you about changes We may change any of the terms of this Agreement by publishing the changes or a new agreement at govia.com.au. We will also try to notify you beforehand by your preferred contact method. A summary of any changes to the terms may also be published in The Courier–Mail or any successor publication. If you are not satisfied with any changes to the terms of this Agreement, you can cancel your pass at any time (see section 7). 10 Changes to this Agreement 9 Enquiries, complaints and disputes CUSTOMER SERVICE AGREEMENT – go via road pass 11 11 Liability 11.1 Our liability You may have rights as a consumer under the Australian Consumer Law. Nothing in these terms limits or excludes our liability: under the Australian Consumer Law, except to the extent we are permitted to limit or exclude our liability under the Australian Consumer Law, or for personal injury or death caused by our negligence. If we find that you have been incorrectly charged a toll or fee, our liability to you will be limited to refunding that overpaid toll or fee to you. 11.2 Use of our roads You acknowledge and agree that: we do not guarantee that our roads will always be available or that traffic flows will be uninterrupted we are not aware of the purpose of your travel on our roads and you (and any person who drives the vehicle) are responsible for planning your journey and allowing sufficient time in case traffic is disrupted or a road is fully or partially closed, and we do not guarantee that the services or our roads will be fault free or that use of the roads will be risk free. From time to time, maintenance or other work may need to be completed on our roads. That work may disrupt traffic flows on those roads. We will try to minimise these disruptions. 11 Liability CUSTOMER SERVICE AGREEMENT – go via road pass 12 11.3 Exclusions from liability Except as set out in section 11.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives the vehicle or any other road user or any person claiming through you in relation to: any loss or damage suffered as a result of any delay or disruption arising out of use or unavailability of our roads or caused during, or as a result of, use of our roads any loss or damage arising out of any error or delay in processing tolls and fees and charging them to your pass (including any incorrect tolls and fees), and any loss of opportunity, loss of profit, loss of revenue, loss of anticipated savings or loss that would be considered consequential or indirect, irrespective of how that loss was caused and whether arising under this contract or under another principle of law. 11.4 Assigning this Agreement You may not assign this Agreement to any person. 11.5 Governing law This Agreement is governed by the law of Queensland. 11.6 Severance If any part of this Agreement is void, unenforceable or illegal, that part will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect. 11 Liability CUSTOMER SERVICE AGREEMENT – go via road pass 13 12 Definitions Australian Consumer Law The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Class The class of vehicle is defined in Queensland, Queensland Government Gazette , No 73, 31 March 2011, and listed at govia.com.au. The class is used to determine the applicable toll charge for that vehicle. Compatible road A road, access point or facility that is not one of our roads but where we have an agreement with the operator of that compatible road, access point or facility. Your go via road pass is only valid for travel on our roads in Queensland. Visit govia.com.au for a list of compatible roads. Our, us, we and Transurban Queensland Queensland Motorways Management Pty Ltd ACN 010 630 921. Purpose of use The purpose for which the vehicle is used (either commercial (business) or private use), as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered. Transurban Queensland Group Queensland Motorways Holdings Pty Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)). Sign up without statement/receipt This is an express payment option where the pass holder does not require a statement/receipt or electronic access to view trips made or track costs. Sign up with statement/receipt This option enables the pass holder to manage the pass electronically to retrieve a statement/receipt, view trips made and track costs. Toll invoice A toll invoice is a notice requiring payment of the relevant toll, video matching fee and a toll invoice fee. Vehicle A motor vehicle as that term is defined in the Transport Operations (Road Use Management) Act 1995 (Qld), and ‘ the vehicle ’ means the vehicle linked to your pass. Yo u The customer who applies for a pass under this Agreement. 12 Definitions CUSTOMER SERVICE AGREEMENT – go via road pass 14 13 Contact us You may contact us through any of these ways: visiting govia.com.au calling 13 33 31 writing to Customer Service Queensland Motorways Management Pty Ltd, PO Box 2125, Mansfield Qld 4122 calling the National Relay Service on 13 36 77 and asking for 13 33 31 calling the Translation and Interpreting Services on 13 14 50 and asking for 13 33 31. 14 Notices and other documents Any demand or notice under any agreement you have with us will be served on you if: it is served personally it is left at the address for you in our records (if any) or your last known address to us it is sent by mail to the address for you in our records (if any) or your last known address to us, if so it is deemed to have been delivered in the ordinary course of post, even if it never arrives, or it is sent by facsimile transmission, email or other electronic means to any number or address you give us. We may serve court documents on you in the same way. Go Via Privacy Policy About this policy This Privacy Policy outlines the commitment of Queensland Motorways Holding Pty Limited and its controlled and related entities (“Transurban Queensland” or “we”, “us” or “our”) to protect the privacy of our customers’ personal information. We comply with all relevant privacy laws, including requirements applicable to us under: the Privacy Act 1988 (Cth); the Transport Infrastructure Act 1994 (Qld); and Australian Standard 4721–2000: Personal privacy practices for the electronic tolling industry. This Policy sets out, in general terms, how we manage personal information, including, generally, the kinds of personal information we may collect, the purposes for which we may collect it and how we hold, use and disclose personal information. By using our products or services or providing personal information to us, you agree to the terms of this Policy. Collection of personal information Transurban Queensland collects your personal information to allow it to perform its business functions and activities. These may include: providing you with Transurban Queensland’s products and services; administering and managing Transurban Queensland’s products and services provided to you, including calculating and collecting tolls, fees and charges prescribed by law or otherwise payable for Transurban Queensland’s products and services; administering and managing products and services provided to you by other toll road operators, if you choose to use a Transurban Queensland product to pay for those products or services (for example, using an etag provided by Transurban Queensland for travel on another operator’s toll road); verifying your identity; conducting relevant and appropriate checks for creditworthiness and fraud; undertaking traffic planning and vehicle management services; conducting market research and research regarding traffic conditions; meeting our obligations and performing our functions under applicable laws and agreements; preventing or investigating any fraud or crime (or suspected fraud or crime); responding to your queries; notifying you of changes to our tolls, fees, charges, agreements, products or services; Unless you ask us not to, we may also use your personal information to contact you about Transurban Queensland’s products or services that you might be interested in. You can opt-out of receiving this information on an application form when you create an account with us or purchase a service or by using the unsubscribe facility available in our marketing communications. You can also opt out by contacting us using the details set out at the end of this policy. The types of personal information Transurban Queensland collects and records include: your name and contact details; banking/payment details (e.g. account numbers, credit card numbers); vehicle details, including the Licence Plate Number (LPN); images and video footage including of people and vehicles on roadways and the LPN and occupants in vehicles; tag details; for business accounts, information collected from referees as part of the sign-up process; information on your use of the Transurban Queensland website collected using cookies; and information we collect as part of a survey, customer feedback request or a competition you participate in. If necessary, Transurban Queensland may also ask you to provide additional personal information from time to time. In some circumstances, Transurban Queensland may collect your personal information from third parties, including the Department of Transport and Main Roads. Where this occurs, we ensure that we act in accordance with relevant laws. If you do not provide Transurban Queensland with personal information, we may be unable to supply you with products or services. Disclosure of personal information In order to provide you with the products or services you request, Transurban Queensland may disclose your personal information to Transurban Queensland’s consultants, contractors and service providers performing services for Transurban Queensland including (but not limited to) debt recovery, credit reporting, mail-house, email distribution, legal and accounting, call centre operators and information technology service providers. If your personal information is collected by one entity in the Transurban Queensland group of entities, it may also be disclosed to other Transurban Queensland group entities. By disclosing personal information to any entity in the Transurban Queensland group, you consent to all other Transurban Queensland group entities using that personal information for the purposes described above under the heading ‘Collection of personal information’. If all or part of the Transurban Queensland group or its assets is sold or restructured, you consent to the transfer of your personal information to the purchaser or a new entity created as part of a restructure. When you apply for an account, Transurban Queensland may disclose your personal information to a credit reporting agency to obtain a credit check. If you have amounts owing under your account, Transurban Queensland may disclose your personal information to: a credit reporting agency, to report the debt; a debt collection or enforcement agencies, to pursue the debt; and a legal firm, for legal services in relation to debt recovery. We may also disclose limited amounts of personal information (usually the LPN and tag details only) to other toll road operators to administer and manage your travel on non-Transurban Queensland toll roads. In order to protect your credit card information we may implement tokenisation. This will involve disclosing your credit card data to a bank or other financial institution, who will securely store that information on behalf of Transurban Queensland, and assist with processing any authorised transactions. If a vehicle registered in your name is linked to a Transurban Queensland account, Transurban Queensland may disclose information about trips your vehicle makes across our roads to the account holder. If your vehicle is involved in or in the vicinity of a road incident, , Transurban Queensland may disclose your personal information to emergency services, insurance providers and towing, roadside support and maintenance and logistics contractors. This may information may include images and video footage of the incident and the vehicles involved, as well as the details of any vehicles and occupants.. A “road incident” also includes property and road damage caused by your vehicle. Examples of where Transurban Queensland may disclose your personal information in a road incident include: where you are involved in a vehicle collision; where your vehicle is within the vicinity of a collision, and may be captured in video footage or images; where your vehicle causes property or road damage; or where you are in a vehicle that causes property or road damage. Other than those third parties referred to above, Transurban Queensland will not disclose your personal information to any other third party unless it has reasonable grounds to believe: you have authorised Transurban Queensland to do so; your safety, or the safety of others in the community, is at risk; or Transurban Queensland is required or permitted by law to do so. If Transurban Queensland provides your personal information to a third party, Transurban Queensland generally requires the third party to protect your personal information in the same way Transurban Queensland does. Cross-border disclosures Transurban Queensland may disclose information to recipients that are located outside Australia. Transurban Queensland may disclose personal information to overseas contractors, and may use off-shore servers for the purposes of data storage. Transurban Queensland has engaged contractors in the Philippines and certain other countries, and may disclose certain personal information to those contractors. Transurban Queensland will take commercially reasonable steps to ensure that any overseas recipient does not breach the Australian Privacy Principles (other than Australian Privacy Principle 1) in relation to the personal information. Storage of personal information Transurban Queensland uses reasonably appropriate safeguards and security measures to ensure personal information it holds about you is protected from risks such as misuse, interference, unauthorised access, modification or disclosure. Personal information is only retained for as long as is necessary for the identified purposes or as required by law. Information access and correction Transurban Queensland takes reasonable steps to ensure personal information it holds about you is accurate, complete, up-to-date, relevant and not misleading. You have rights to access the personal information Transurban Queensland holds about you. You may do so by contacting the Privacy Officer (contact details below). We will not charge you a fee for your access request, but we reserve the right to charge a reasonable fee for the preparation and provision of that information to you. Transurban Queensland can only refuse your request if permitted by law. If your request is refused, Transurban Queensland will provide you with a written explanation for that refusal. You also have rights to request the correction of personal information which Transurban Queensland holds about you. You may do so at any time by contacting the Privacy Officer (contact details below). Transurban Queensland reserves the right to refuse to correct your information in some circumstances. If Transurban Queensland refuses to correct any personal information about you, and subsequent agreement cannot be reached between you and Transurban Queensland, you may request that a note or statement regarding the correction requested be attached to the file that contains your personal information. Sensitive information We will only collect sensitive information about you with your consent (unless we are otherwise allowed or required by law to collect that information). Sensitive information includes information about your health, racial or ethnic origin, religious beliefs and criminal record. Transfer of information overseas Transurban Queensland does not currently transfer any of your personal information outside of Australia. If this changes, we will inform you of the change by updating this Policy. Monitoring of Calls We may record and monitor telephone calls between you and us for training, service quality control and compliance purposes. Changes to this privacy policy Transurban Queensland reserves the right to change this Policy from time to time. If Transurban Queensland changes this Policy, it will post an updated copy on its website. Complaints If you have any complaints about Transurban Queensland’s treatment of your personal information, please contact the Privacy Officer (contact details below). We take your concerns seriously, and will respond to any complaints as soon as possible. Hypnosis Downloads.com Terms of Use The Hypnosis Downloads.com Ltd terms of use serve to protect both parties by preventing confusion, misunderstanding, and to ensure we both act fairly. Please read carefully these terms of use which apply to your use of the HypnosisDownloads.com website and any downloads, scripts or other products that you order from it (together referred to as "the Site") because by accessing the Site you are agreeing to be legally bound by these terms. These terms may be updated by us from time to time without notice to you. You should review the Site periodically for changes to these terms. About Us The Site is operated and wholly owned by Hypnosis Downloads.com Ltd, a company registered in England no. 03573107, whose registered office is at First Floor, 69 Church Road, Hove, East Sussex, BN3 2BB, England, UK. After the founders Mark Tyrrell and Roger Elliott had been delivering hypnosis training for 3 years, HypnosisDownloads.com's sister company Uncommon Knowledge Limited was set up in 1998. Uncommon Knowledge Ltd is a well-established hypnotherapy centre specialising in the provision of hypnosis resources online and offline in accordance with the education, training and experience that we have. Read more about us here. Privacy Policy We respect your privacy. Your contact information and certain other information about you is subject to our Privacy Policy. Directions for use of HypnosisDownloads.com - IMPORTANT INFORMATION The Site lists and describes a number of downloads of spoken-word hypnosis script recordings which may be purchased online by following the simple instructions on the Site. Your purchase of any hypnosis downloads subject to confirmation by us and governed by these terms and any other conditions specified on the Site or in emails or other product information from us at the time of purchase. The Site is intended to help you to benefit from the positive effects of hypnosis to help you in your quest for optimum health and happiness. Whilst hypnosis is known to have achieved exceptional and consistently successful results in the ways described on the Site, it should not be used as a substitute for your doctor's role in monitoring your health. The Site has not been evaluated by any government or official body. Nothing offered on or offline is intended to diagnose, cure or prevent any disease or disorder of any kind. If you are in any doubt over a health or emotional issue, you should seek the advice of your GP or professional advisor or therapist. You must be 18 years of age or have parental consent before using this website, or any of our affiliates' products or services. You must always follow the guidance notes and advice accompanying any downloads or content on the Site. When listening to downloaded hypnosis sessions, you must be in a place where you can safely relax and sleep. Never listen to hypnosis sessions whilst driving or operating machinery. Permitted use of hypnosis downloads: By purchasing any hypnosis downloads via the Site you shall be entitled to: download the hypnosis download as an MP3 file onto a single computer or by any other means agreed between us from time to time; save a copy of the hypnosis download onto a CD, tape, mini-disc, MP3 player or onto the hard drive of your computer; use the hypnosis download by listening to it for your own personal use in accordance with any instructions given to you by us. You must not use any content of the Site or hypnosis downloads or hypnosis scripts for any commercial purpose, unless you are a practising professional hypnotherapist in which case you may use the hypnosis downloads or hypnosis scripts for the purposes of your own professional development, by which we mean that: you may use any hypnosis downloads or hypnosis scripts that you purchase as reference materials for your own one-to-one therapy sessions with clients in accordance with acceptable practices; but you MAY NOT make available copies or play any of the hypnosis downloads or hypnosis scripts to your clients; and you MAY NOT claim to be associated with us in any way or to use our name in connection with your own practice. We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these terms. If you are purchasing hypnosis downloads as a consumer, nothing in these terms shall be deemed to have affected your statutory rights. Permitted use of other Site content With respect to other material available from the Site (such as the e-mail hypnosis course) you may download and save the content for your own personal, non commercial home use. Intellectual Property Rights The Site including all hypnosis downloads, hypnosis scripts or other content provided by us to you (together "Content") are all protected by our intellectual property rights, including but not limited to copyright and trade marks. Except as expressly authorised by us, you may not copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, communicate or make available to the public or create derivative works of any Content, in whole or in part. Dealings with Third Parties and Links The Site may provide links to other web sites or resources. As we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and, so far as permitted by law, we shall not be liable for any loss or damage which you may incur as the result of any such dealings. Warranty and money-back guarantee We are confident that you will achieve positive benefits by using the hypnosis downloads that you purchase. If you find that the hypnosis download does not achieve what you wanted, contact us to let us know within 90 days from the date of purchase and we will refund you in full. No questions asked. This guarantee is restricted to one order per customer, although this may be waived at management discretion for customers with an established order history of non-refunded purchases over a period of 6 months or longer. Our customer service team will normally deal with your refund request within 24 hours. If you have not received a reply from us after 48 hours, please check your spam or junk folder as sometimes legitimate emails get put there by mistake. If you haven't had a response, please contact us again, making sure your contact email address is entered correctly. Please not that if you paid by card, although refunds normally go through instantly, they can occasionally take up to 10 days to show on your card statement. More information on delivery and refunds here Disclaimers Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes and requirements. Nothing in this site or our hypnosis downloads have been audited by regulatory or governmental authorities. In making this site available, no medical, client, advisory, fiduciary or professional relationship is implicated or established between us. The Content has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the Content, but we can give no guarantee that the Content is complete, accurate or up to date. General liability So far as permitted by law, and except in respect of death or personal injury arising from negligence, our liability for loss or damage of any kind resulting from the use of the Site or any Content, advertisements or products provided or distributed through the Site including, without limitation, economic loss or any special, indirect, incidental or consequential loss or damage, whether or not the possibility of such loss has been notified to us shall be limited to the aggregate purchase price of your hypnosis downloads. The foregoing will apply whether such loss or damage arises in contract, negligence, under statute or otherwise. Nothing in these terms affects any liability for fraudulent misrepresentation. General Information These terms constitute the entire agreement between you and us. Any failure by us to exercise or enforce any provision of these terms shall not constitute a waiver of such provision. These terms and the relationship between you and us shall be governed by the laws of England and any dispute will be decided by the English courts. Gumtree Terms of Use IMPORTANT NOTICE RE: UPDATED TERMS OF USE: Effective 1 July 2017, the Services (as defined below) will be provided to you by Gumtree AU Pty Ltd, which is part of the same corporate family as Marktplaats B.V, the company currently providing the site to you. Gumtree AU Pty Ltd will also be the applicable data controller from 1 July 2017. Gumtree Terms of Use Introduction. Welcome to www.gumtree.com.au. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here . All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 1 July 2017. A copy of the Terms of Use in effect prior to 1 July 2017 can be located here. The Services are currently provided to you by Marktplaats B.V, Wibautstraat 224, 1097 DN Amsterdam, The Netherlands, also referred to below as “Gumtree”, “we”, “our” or “us”. Effective July 1, 2017, the Services will be provided to you by Gumtree AU Pty Ltd. Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account. You may connect to the Services with a third-party service (e.g., Facebook or Google+) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account has been compromised or misused, contact us immediately at Gumtree Customer Support. Using Gumtree. To use the Services, you must be over 18 years old. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things: violate any laws or the Posting Rules; post any threatening, abusive, defamatory, obscene or indecent material; be false or misleading; infringe any third-party right; distribute or send communications that contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Gumtree, the Services or the interests or property of Gumtree users; impose an unreasonable load on our infrastructure or interfere with the proper working of the Services; copy, modify, or distribute any other person’s content without their consent; use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their consent; and/or bypass measures used to prevent or restrict access to the Services. Abusing Gumtree Services. Gumtree and the Gumtree community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Gumtree and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Gumtree is not under any obligation to monitor any data or content which is submitted to or available on the Services. ​​​ Global Marketplace. Some of the Service’s features may display your ad on other sites in the global eBay community, like on eBay or our classifieds sites in other countries. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy. Fees and Services. Using the Services is generally free. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for Gumtree to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on Gumtree’s Services. Content. Gumtree’s Services contain content from us, you, and other users. Gumtree is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO). Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Infringement (NOCI) form, fill it out, and fax it to Gumtree. Only the intellectual property rights owner can report potentially infringing items or listings through Gumtree’s VERO Program. After we receive your first NOCI, Gumtree will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. We can share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing. Third Party services on Gumtree. You may use the PayPal payment gateway for some financial transactions on our Services. When you link your PayPal account to your Account, you can use your PayPal account to pay or be paid for items by buyers or sellers while using Gumtree’s Services. You acknowledge and agree that by utilising any third party services through our Services (such as PayPal), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services. If you to link your PayPal account to your Account you appoint Gumtree as your limited agent to: a. provide to PayPal your name, address, payment amount, item details, item category, and all other information required by PayPal to enable PayPal to process payments to or from your PayPal account; and b. receive payment confirmation and decline notices from PayPal in respect of your PayPal payment transactions. When you link your PayPal account to your Account, we accept our appointment as your limited agent to undertake those activities specified in the paragraph above. Our appointment as your agent to undertake these activities terminates immediately upon your Account ceasing to be linked to your PayPal account. If you have a dispute with PayPal, a buyer, or a seller, that does not arise directly as a result of an error by Gumtree, in respect of any payment transacted (or failed to be transacted) on your PayPal Account, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. Gumtree is not able to access your complete financial details from PayPal or your PayPal account. At no time does Gumtree hold any of the funds when a buyer pays a seller using PayPal. Funds are transferred directly by PayPal from the buyer’s PayPal account to the seller’s PayPal account after the deduction by PayPal of any relevant PayPal fees. PayPal's terms and conditions apply to your use of PayPal when you access PayPal’s services from our Services, and you must agree to PayPal’s terms and conditions in order to use the PayPal’s services. You acknowledge and agree that, to the extent permitted by law, we are not liable to you for any loss or damage you incur arising from your use of the PayPal method, unless such loss or damage was as a direct result of Gumtree’s error, in which case our liability is limited in accordance with clause 11. Legal and Financial Advice. You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services. You acknowledge and agree that the information provided by Gumtree in relation to using PayPal’s services is factual in nature only and Gumtree has not provided a recommendation or statement of opinion intended to influence your decision on whether or not to use PayPal’s services and that you cannot rely on any of Gumtree’s advertising materials, terms, instructions or policies as a recommendation, statement of opinion or financial product advice. Limitation of Liability. Nothing in these Terms of Use (including this clause 11) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency. Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, Gumtree’s liability to you for any failure by Gumtree to comply with any statutory guarantee under the Australian Consumer Law is limited to Gumtree supplying the Services again or paying you the cost of having the Services supplied again. Gumtree excludes any liability to you for any loss or damage suffered by you as a result of Gumtree failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by Gumtree. Indemnification. You will indemnify and hold harmless Gumtree and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations. Release. If you have a dispute with one or more Gumtree users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes. Personal Information. By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy. Severability. If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use. General. These Terms of Use and the other policies posted on the Services set out the entire agreement between Gumtree and you, overriding any prior agreements. From 1 July 2017, this agreement is governed by the laws of New South Wales, Australia. We both submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices about illegal or infringing content, your notices to us must be sent by registered mail to: Gumtree AU Pty Ltd C/- Marque Lawyers Level 4, 343 George Street Sydney NSW 2000 Australia We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us. Send questions, comments or complaints to Gumtree Customer Support. Mobile Devices Terms. If you’re accessing Gumtree Services from a mobile device using a Gumtree Mobile Application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms. Application Use. Gumtree grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.gumtree.com.au website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application. Intellectual Property - Applications. Gumtree owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Gumtree’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Gumtree Application. Prohibited Countries Policy and Foreign Trade Regulation - Applications. Gumtree Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Gumtree Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties). Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on: iOS – Apple 1. These Mobile Devices Terms are an agreement between you and Gumtree, and not with Apple. Apple is not responsible for the Application and the content thereof. 2. Gumtree grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. 3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. 4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim. 5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. 6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. 7. Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you. Windows – Microsoft 1. These Mobile Devices Terms are an agreement between you and Gumtree, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application. 2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control. 3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application. 4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. 5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change. 6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor. Last Modified: 25 May 2017 Scope and Consent User-added image This Privacy Notice describes the personal information we collect and how we use that information; when we might disclose your personal information; and how we keep and protect your personal information. It applies to this Site and to any Services where this Privacy Notice is referenced. By using our Services and/or registering for an account, you are accepting the terms of this Privacy Notice and our Terms of Use. If you do not provide the information we require, we may not be able to provide all of our Services to you. Gumtree AU Pty Limited, is responsible for the collection, use, disclosure, retention and protection of your personal information under our global privacy standards and applicable national laws. Gumtree may transfer data to other members of our corporate family as described in this Privacy Notice who may process and keep your personal information on servers in the European Union, United States and elsewhere in the world where our data centres are located. What is Personal information? “Personal information” is information that can be associated with a specific person that could be used to identify that specific person, either from the data directly or from that data combined with other information that we have, or are likely to have, access to. Personal information doesn’t include anonymous or aggregated information that can no longer be used to identify a specific person. Public Information? Public information is any information, including personal information, you share with a public audience, including personal information you publish on our Site. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV. Changes to this Privacy Notice We can change this Privacy Notice at any time by posting the updated terms to the Site. The updated terms automatically take effect 30 days after they are posted. We may announce any changes to this Privacy Notice on our Site and/or via email if we believe they are material. Global Privacy Standards User-added image Gumtree is part of the eBay Classifieds Group, which is owned by eBay Inc. Our group has global privacy standards called Binding Corporate Rules (BCRs). They are our commitment to protect your personal information and honour our privacy obligations within our corporate family. Our BCRs have been approved by a number of European Union privacy regulators. More information about our BCRs and our global privacy standards is available at our eBay Privacy Center. Collection User-added image We collect information you give us including: When you register for an account: Information such as your name, addresses, telephone numbers, email addresses or user ID (where applicable) when you register for an account with us When we verify you or your account: we may collect and process information (as permitted by law) to authenticate you or your account, or to verify the information that you provided to us When you transact on or use our Services: such as when you post an ad, reply to an ad, communicate with us or other users, information you provide for the Services that you use or during a transaction or other transaction-based content. We may also collect your financial information (such as credit card or bank account numbers) if you buy a feature from us or are required to pay fees to us When you engage with our community: such as when you submit a web form or participate in community discussions or chats When you interact with your account: such as updating or adding information to your account, adding items to alerts lists and saving searches. Sometimes you may also give us your age, gender, interests and favourites When you contact us: such as through a web form, chat or dispute resolution or when we otherwise communicate with each other. We may also record our calls with you (if we have your consent to do so) Your resume if you choose to submit it to advertisers on our sitefor consideration We collect information automatically including: Information from the devices you use when interacting with us or our Services such as device ID or unique user ID, device type, ID for advertising and unique device token Information about your location such as geo-location Computer and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your web log information We collect information using cookies, web beacons and similar technologies including: Information about the pages you view, the links you click and other actions you take on our Services, or within our advertising or email content. For more information about our use of these technologies and how to control them, see our notice on Cookies, Web Beacons and Similar Technologies. Information we collect from other sources including: Information we get from third parties which we may use to supplement your account information. For example, we may collect and use demographic information that is publically available, additional contact information, credit check information and information from credit bureaus, as allowed by applicable national laws. Information from social media sites when you use those sites to register, share information or connect to your account. Those sites may automatically give us access to some personal information they hold about you (e.g., content you viewed, content you liked, and information about the advertisements you were shown or clicked on, etc.). If you give us access to any account with video content, we may share your video viewing with, or collect information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. You control the personal information we have access to through your privacy settings on the social media site and the permissions you give us when you grant us access. When you grant us access to information held by social media sites you agree that we may collect, use and retain it in accordance with this Privacy Notice Information other users may provide about you. If another user gives us information about you, they must tell you about our collection, use, disclose and retention policies before giving us the information. They must also get your explicit consent before giving us your information Use and Retention User-added image We use your personal information to provide, improve and personalise our Services Your personal information allows us to: Provide you with access to and use of our Services as well as access to your history, internal messages and other features we may provide Offer you site content that includes items and services that you may like Provide you with credit offers and opportunities on behalf of other members of our corporate family and their financial institution partners. However, we don’t share financial information without your explicit consent Customise, measure and improve our Services Provide other services requested by you as described when we collect the information To provide you with location-based services (such as advertising, search results and other personalised content) We use your personal information to contact you about your account: We may contact you via Gumtree My Messages, email, telephone, SMS messages or postal mail: To give you customer support about your account such as to troubleshoot problems, to resolve a dispute, to collect fees or monies owed to us, or to get your opinion through surveys For other reasons such as to enforce our Terms of Use or policies and any other agreement we may have with you We use your personal information to personalise our advertising and marketing, including to: Personalise, measure and improve our advertising Contact you, either via email, telephone, SMS text messages or postal mail to offer you discounts and special promotions and to let you know about our Services and those of our corporate family (if you have consented to this contact). Message and data rates may apply Deliver targeted marketing, service updates and promotional offers We use your personal information for legal compliance reasons, including to: Prevent, detect, mitigate and investigate fraud, security breaches, potentially prohibited or illegal activities Enforce our Privacy Notice, our Terms of Use or other policies Retention of personal information: If your account is active, we will keep your personal information as long as we need it for our operations. We may also keep personal information from closed accounts to comply with national laws, stop fraud, collect fees owed, assist with any investigation, enforce our Terms of Use and take other actions under applicable national laws. If we no longer need your personal information, we securely dispose of it. Choice User-added image Marketing Communications. If you don’t want to receive marketing communications from us, you can unsubscribe via the link in the email you received. Registered users may also unsubscribe via the communication preferences options in their profiles. Push Notifications. Upon download of certain Services, you are provided the option to opt into receiving push notifications from Gumtree on your device and within the application. We send you push notifications from time-to-time to (a) inform you of service related messages, (b) communicate messages from others in the Gumtree community and (c) update you about any events or promotions that we may be running. If you no longer wish to receive notifications from us, you can, where applicable, change your preferences by logging into your account or by disabling notifications in your device settings. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. Access User-added image You can see, review and change your personal information by signing in to your account. Please update your personal information immediately if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. If you ask us to, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and as required under applicable national laws. We will honour your right to request access to, or modification or deletion of, your personal information. We may have the right to withhold that access or refuse to modify or erase your personal information under applicable national laws, but we will give you reasons if we do so. To contact us about access and to find out if any fees apply, please contact Customer Service. Disclosure User-added image We disclose your information to our corporate family members, who may use it to: provide joint content and services (like registration, transactions and customer support) help detect and stop possible fraud and illegal acts, violations of our Terms of Use, and data security breaches offer you personalised advertising guide decisions about their products, sites, applications, services, tools and marketing communications. Other group companies will not send you marketing communications unless you have consented to receiving their communications We may disclose your information to third-parties: third party service providers who help us provide our Services, payment processing services, assist us in providing customised advertising, help us with the prevention, detection, mitigation and investigation of potentially illegal acts, violations of our Terms of Use, fraud and/or security breaches, bill collection, affiliate and rewards programs and other business operations third party financial institution partners who may offer financial products to you, for them to provide joint content and services (such as registration, transactions and customer support). These third party financial institution partners will use your personal information to send you marketing communications only if you have requested their services Other third parties when you have given consent to share your information via Gumtree We may disclose your information to law enforcement and other parties in connection with the law, including: law enforcement or governmental agencies, or authorised third-parties, in response to a verified request regarding a criminal investigation, alleged or suspected illegal activity, or any other activity that may expose us, you or any of our users to legal risk participants of the Gumtree “Verified Rights Owners Program” under confidentiality agreement, if we decide that it is necessary to disclose that information in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity credit agencies or bureaus as authorised by applicable national laws third parties commencing, or involved in, a legal proceeding if they provide us with a subpoena, court order or similar legal document other third parties to comply with our legal requirements, enforce our Terms of Use, respond to claims that a listing or other content violates the rights of others, or if we otherwise believe in good faith that the disclosure is needed to prevent imminent physical harm, harm to property, financial loss or to report suspected illegal activity Change of ownership If we were to merge with or be bought by another company, we may share information with them in accordance with our global privacy standards. The new combined entity would comply with this Privacy Notice. If your personal information is to be collected, used, disclosed or retained for any purposes not covered in this Privacy Notice, you will receive advance notice of any changes to the processing of your personal information. Security User-added image We protect your information using technical and administrative security measures. Our safeguards include firewalls and data encryption, physical access controls to data centres and information access authorisation controls. If you believe your account has been abused, please contact Customer Service. Important Information User-added image Social login When you use social login: If you sign into your social network account using the same email that you previously used to register for an account with us, you will access your existing account with us. If you sign into your social network account using an email address that we don’t recognise in our systems, a new account will be created in our systems for you. You may use social login or regular sign in each time you login into your account with us. If you use regular sign in but a password has not been issued to you (because you registered through social login) you need to get a password through the password reset flow. When you use social login the “keep me signed in” policies of the social network provider apply. We do not control those policies. For your safety we recommend that you: Don’t use social login if you are accessing our Services using a public or shared device Visit your social network provider site to learn about their sign in policies and your options Unwanted or threatening email We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list, call or send SMS messages for commercial purposes, even if a user bought something from you, unless the user has given their explicit consent. Sending unwanted or threatening email and SMS messages is against our Terms of Use. To report spam or spoof emails please contact Customer Service. Third party privacy practices This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply. We can’t guarantee the privacy or security of your information once you provide it to a third party. You should check the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information, even when dealing with buyers or sellers on our site. Questions or Complaints User-added image For questions about this Privacy Notice or our privacy practices: you can reach the Global Privacy Office: Through the Contact Us link at our eBay Privacy Center In writing at eBay Inc, Attn: Legal – Global Privacy Office, 2065 Hamilton Avenue, San Jose, California 95125, USA; Or contact us at: gumtreeprivacy@gumtree.com.au Please direct any privacy related complaints to the Global Privacy Office and identify the website that you are complaining about. We will try to provide a prompt response to your complaint. If you have an unresolved privacy or data use concern, please use the TRUSTe Watchdog Dispute Resolution Process or contact your privacy regulator. DITTY TERMS OF SERVICE AGREEMENT YOUR USE OF THIS WEBSITE, THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE (EACH AS DEFINED BELOW) INDICATES YOUR ACKNOWLEDGEMENT OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS OF SERVICE. Your use of the Zya software (the “Software”), Zya’s Ditty mobile application (the “Application”), and any other software, mobile application, and/or website owned or operated by Music Mastermind, Inc., d/b/a Zya (“Zya”), including, without limitation, the website located at zyamusic.com, (“Ditty Website”), the Application, any other such software, applications and/or websites, and the Software are collectively referred to as the “Service”), including, without limitation, your use of sound recordings, musical compositions, sound effects, audiovisual recordings, text, graphics, information, newsletters, photographs, and other related content (the “Content”), is expressly conditioned on your acceptance of, and agreement to, this Terms Of Service Agreement (the “Agreement”). This Agreement sets forth the terms and conditions which apply to your use of the Service. By using the Service, you agree to abide by all of the terms of this Agreement. As used herein, the term “you” and “your” shall mean you, either individually or as a single entity. All references to “we,” “us” or “our” shall refer to Zya. You may only use the Service if you are thirteen (13) years old or older, and if you assume the obligations set forth in this Agreement, and assume full responsibility for your use of the Service. Any person who provided their personal information to Zya represents that they are thirteen (13) years of age or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it. If you do not agree with any of Zya’s guidelines, rules, regulations, restrictions, or with any terms of this Agreement, you must not use the Service and you must delete and/or uninstall the Service from your computer or mobile device. Zya reserves the right to modify this Agreement at any time, in accordance with the &ldqup;Change to Terms and Conditions” section set forth below. Your continued use of the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with the terms of this Agreement and Zya’s Terms of Service, which is incorporated herein by reference, at all times when using the Service, Zya reserves the right to deny or restrict your access to the Service. The terms and conditions of this Agreement shall apply regardless of the means by which the Service was accessed, including, but not limited to, through personal computers, mobile phone or computing devices, electronic mail, the Zya Website, or links from other websites. With respect to your permitted use of the Application as downloaded from the Apple App Store (the “Apple Application”) or Google Play (“Google Application”), you acknowledge that this Agreement is entered into between you and Zya, and not with Apple, Inc. (“Apple”) or Google Inc. (“Google”). Neither Apple nor Google are responsible for the Apple Application or the Google Application, respectively, and the Content contained in the Apple Application or the Google Application. 1. CONNECTIVITY, COMMUNICATIONS, PRIVACY. You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Application. Normal carrier charges and taxes may apply to any content you obtain from the Service. Zya is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Service. You expressly agree that, as part of the Service, you will receive communications by push notification and/or email, including promotional communications from time to time. You may elect to stop receiving promotional alerts via email by emailing your request to opt-out, along with your cell phone number to privacy@zyamusic.com or by disabling push notifications on your mobile device. You may not opt out of service-related emails. Use of the Service is subject to the terms of Zya’s “Privacy Policy” located at www.zyamusic.com/privacypolicy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. Any of your information which is collected by the Service is done so by Zya and not in any way by Facebook, in accordance with the terms set forth in Zya’s Privacy Policy. By using the Service, you acknowledge that you have read, and you agree to be bound by, the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of the Service, account registration, and any other personal information provided by you in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in this Agreement. 2. USE OF THE SERVICE By using the Service, you agree that: a) Your use of the Service, including, without limitation, any of its Content, is solely for your own use and benefit. b) You will not interfere with any other user’s use and enjoyment of the Service. You will not use the Service or any of Zya’s or its affiliates’ or licensors’ trademarks, service marks, copyrights, or logos in any manner inconsistent with this Agreement or in unsolicited mailings or spam material. c) You will not submit, post, upload, distribute, or otherwise make available any blog or forum post, content, New Composition (as defined below in Section 25), New Master (as defined below in Section 25), or Video (as defined below in Section 25) that contains, in the opinion of Zya: (1) personally identifiable information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable or unlawful material; (3) material that could harm minors; or (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity. d) You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify. e) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Service, about yourself or others, that is not accurate and truthful. f) You will not use the Service for any harmful or unlawful purpose, including, but not limited to sexual explicitness, racism, disparagement of any content provider to Zya, and engaging in (or attempts to engage in) any criminal activity including, but not limited to, stalking, sexual assault, fraud, harassment, terrorism and conspiracy to commit any criminal activity. g) You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment. h) You will not attempt to gain unauthorized access to Zya’s computer systems. You recognize that not all areas of the Service may be available to you. i) You are authorized to use Ditty Products (as defined below in Section 25), whether created by you or other users, only for personal, non-commercial use. Ditty Products may only be used on the Ditty Platform, the Facebook Messenger Platform, and/or other platforms expressly allowed by this Agreement (as this Agreement may be amended from time to time by Zya). You may not use Ditty Products on more than one (1) device at any time. You may not reproduce or copy a Ditty Product. You may not capture or otherwise copy any of the Ditty Products, whether into MP3 format, other downloadable files, or otherwise, except as otherwise specifically permitted by the Service and as specifically set forth herein. j) Some Ditty Products may be capable of being downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Ditty Products once downloaded, and you may wish to back them up. k) Zya may, as a courtesy, allow you to store a limited number of Masters, Compositions, New Masters, New Compositions and Videos as files which are stored within the Service (&ldqup;Song Files”) and are accessible to you only through the Service. The amount of Songs allowed (the &ldqup;Song Storage Cap”), if so limited, may change from time to time, as indicated in the Service. You will not be allowed to store more Song Files than the Song Storage Cap. Though Zya may allow such storage through the Service, Zya is not responsible for the loss, destruction or damage of such Song Files. l) Despite the use of the term &ldqup;purchase” or other similar terms throughout this Agreement, the Ditty Products are licensed, not sold, to you. Your limited license to each Ditty Product that you obtain through the Service is subject to your prior acceptance of this Agreement, and you agree that the terms of this Agreement will apply to each Ditty Product that you license through the Service, unless that Ditty Product is covered by a separately noted Terms Of Service agreement, in which case the terms of such other agreement will apply. m) Your use of Ditty Products does not grant you the right to make any commercial use of any Ditty Products, including, but not limited to Compositions, Masters, New Masters and/or New Compositions. Any burning or exporting capabilities expressly made available to you by Zya, provided by Zya in connection with the Service are solely an accommodation to you, may only be used by you as reasonably necessary for personal and non-commercial use, and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Ditty Product. No use of the Service, nor any components thereof, shall be utilized by you in any manner in which it may be reasonably perceived that the Service (including a Master, New Master, Composition and/or New Composition) is endorsing any product or service whatsoever, except for any product or service related to the Service. n) You acknowledge that, because some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of Zya, if Zya changes any part of or discontinues the Service, which we may do at our election, you may not be able to use Ditty Products to the same extent as prior to such change or discontinuation, and that we shall have no liability to you in such case. Further, you acknowledge that some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of, and is subject to contractual obligations to, the Composition Owner(s) (as defined below in Section 25), the Master Owner(s) (as defined below in Section 25), and/or other licensors of Zya, in each case which may limit your rights and/or access to such Service and Ditty Products. For example, the rights to New Compositions and New Masters created from, Compositions and Masters are not unconditional and not in perpetuity, and after Zya’s rights to license Compositions and Masters to you expire or are otherwise terminated or limited, your rights to use and exploit the New Compositions and New Masters you have created from such Compositions and Masters may be limited or extinguished altogether at any time in Zya’s sole discretion without notice or liability to you. o) If the Composition Owner, Master Owner, or any other publisher, artist or other licensor of licensed content (contained in an Ditty Product), for any reason requests that Zya take down access to any particular Master or Composition that contains such Ditty Product, Zya has the right to take down, or otherwise revoke your access to, or your rights to further use of, the Master, Composition, New Master and New Composition, or Video, without any liability by Zya to you. Zya cannot and does not guarantee that other users of the Service will comply with the rules above. 3. PROPRIETARY RIGHTS TO THE SERVICE. Title and intellectual property rights to the Service are owned by Zya and its affiliates or licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of Zya and its affiliates and licensors may not be used or copied in any manner without the express prior written consent of Zya or its licensors, as applicable, except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Service are the property of their respective owners. Except as expressly set forth herein, you shall not reproduce, sell, transfer, advertise, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Service; modify, reverse-engineer, decompile or disassemble the Service; or cause, permit or authorize others to do any of the above. 4. ACCOUNT, RESPONSIBILITY FOR CONTACT INFORMATION AND PASSWORDS. When accessing the Service through certain means, you may have the opportunity to become a registered user of the Service. As a registered user of the Service, you may establish an account. You are solely responsible for maintaining the confidentiality and security of your account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively, &ldqup;Passwords”) issued to you. You may not share your account or Passwords with any third party. You agree not to alter, delete, disable or otherwise circumvent any Password or permit or assist any other party to do so in a manner not authorized by us. We reserve the right to suspend your access to the Software and change (or require you to change) your Passwords at any time. You are responsible for all transmissions, instructions, information, processes, click stream data or other communications (&ldqup;Communications”) attributable to your account and Passwords, whether entered by you or by any other person, and any agreement or consent communicated from such access shall be deemed to be a duly signed writing of yours sufficient to bind you. We are not responsible for any losses arising out of the unauthorized use of your account. You shall notify us immediately upon learning or suspecting that any unauthorized party has obtained or used your account or Password. If any of your contact details (including without limitation, user name, email address and billing address) change, you agree to notify us in writing within thirty (30) days of the occurrence of such change. You agree that we may store and use the information you provide for use in maintaining and billing fees to your account, as applicable. 5. CHANGE TO TERMS AND CONDITIONS. Zya may modify this Agreement, effective immediately, at any time, including, without limitation, to impose or modify charges for use of the the Software, the Application, Ditty Website, and/or the Service or any portion thereof, by posting such changes to the Ditty Website. Your continued access to or use of the the Software, the Application, Ditty Website, and/or the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. 6. USAGE AND PROPRIETARY RIGHTS IN THE SERVICE. We grant you, for the term of this Agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Service subject to the terms hereof. Without limiting the generality of the foregoing, with respect to your use of the Apple Application, we grant you, for the term of this Agreement, a non-transferable license to use the Apple Application on any iPhone, iPad, or iPod that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service http://www.apple.com/legal/itunes/us/terms.html#SALE. In addition, without limiting the generality of the foregoing, with respect to your use of the Google Play Application, we grant you, for the term of this Agreement, a non-transferable license to use the Google Play Application on any Android device that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service https://play.google.com/about/play-terms.html. You have no ownership rights in the Service, which is owned by us or our licensors, and is protected under copyright, trademark and other intellectual property laws and other applicable laws, rules or regulations (&ldqup;Applicable Law”). You receive no copyright, license, or any other intellectual property right in or to the Service. You agree that we may provide certain portions of the Service under license from third parties, and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors. We shall exclusively own all feedback or suggestions you may communicate to Zya regarding the Service, including all intellectual property rights in such items, and you irrevocably assign all rights in such items to us. We retain exclusive control over the Service, and reserve the right, at any time and in our sole discretion, without prior notice to you, to: (a) change, suspend, terminate or discontinue all or a portion of the Service and any related product or service support; (b) impose limits on, restrict or terminate your access to or use of all or a portion of the Service; or (c) terminate your license. You agree that we may monitor your use of the Service, use information relating to your use of the Service for our business purposes and share such information, where applicable, with our licensors and other third parties, and that such activities shall not be deemed to be a violation of the Zya Privacy Policy located at zyamusic.com/privacypolicy. You acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application or Google Application, respectively. 7. INTENTIONALLY LEFT BLANK. 8. CREATION OF NEW MASTERS AND NEW COMPOSITIONS. You may use Compositions and Masters (as defined below in Section 25) purchased by you in connection with New Masters and New Compositions created by you using the Service, subject to all the terms and conditions contained herein. 9. OWNERSHIP OF NEW MASTERS AND NEW COMPOSITIONS. To the extent that you create any non-infringing (i.e., a &ldqup;work” which has been previously authorized by the Application, including an authorized so-called &ldqup;derivative work” [a newly created work based on previously existing works] permitted by the Application, and does not infringe on the rights of any third party rights holder) New Masters and New Compositions (cumulatively, the &ldqup;Works”) using the Application, as between you and Zya, Zya shall own all rights in and to (including, but not limited to, the copyrights therein) such New Masters and New Compositions as &ldqup;works made for hire” pursuant to the Copyright Laws of the United States. In the event that any of the Works are, for any reason, not considered &ldqup;works made for hire”, then you agree to assign all rights in any such Works to Zya, throughout the universe, in perpetuity. Zya shall own all rights to the Works in any manner whatsoever, including, without limitation, the use thereof in connection with the Application, and otherwise in accordance with the terms set forth herein, however Zya will not exploit the Works in any manner, other than in connection with the Application, without your prior written consent. Notwithstanding anything contained herein to the contrary, Zya acknowledges that third parties may actually own content licensed to Zya and made available by Zya for use by you in connection with the Application. In the event that your or Zya’s use of any New Master or New Composition, in accordance with the terms set forth herein, results in generating any ancillary revenues, Zya shall have the exclusive right to claim and collect any and all such revenues, and you shall not be entitled to any participation therein. 10. GRANTS OF RIGHTS TO ZYA; PROMOTIONAL RIGHTS. Zya’s rights in any New Masters and New Compositions, created by you hereunder shall include, without limitation, the rights to the exclusive administration thereof, throughout the universe, in perpetuity, subject to the pre-existing rights of any third parties, including, without limitation, the Composition Owner and the Master Owner; provided, however, that Zya is under no obligation to administer such rights or to exploit any New Master and New Composition created by you. Without limiting the generality of the foregoing, Zya and its affiliates, distributors, and licensees shall have the sole, exclusive, perpetual and unlimited right to publicly perform the New Masters and New Compositions, and to reproduce, transfer, distribute, the New Masters and New Compositions within or directly in connection with the Application, all throughout the Territory and under any trademarks, trade names or labels designated by Zya or its affiliates or licensors, and in any manner, method, medium, format, configuration, platform or technology, now or hereafter known or devised, or to delay or refrain from doing any of the foregoing. Further, you hereby grant to Zya the unlimited, royalty-free, transferable, sub-licensable, perpetual right, throughout the universe, to use (and authorize others to use) to use any New Masters and New Compositions created by you (or any materials made a part thereof by you), or under your account in connection with the use, exploitation, sale, distribution, licensing, advertisements, marketing and/or promotion of any Ditty Products, the Zya Website, the Application, the Software, and/or the Service, and any matters related thereto. 11. INTENTIONALLY LEFT BLANK. 12. ELECTRONIC CONTRACTING. Your use of the service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE ZYA WEBSITE AND THROUGH THE SOFTWARE AND THE APPLICATION, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. We are not responsible for typographic errors. 13. PURCHASE AND SUBSCRIPTION POLICIES. Certain Ditty Products may be available for use in connection with the Service, and may, in Zya’s sole discretion, be licensed on a royalty-free basis or purchased or licensed on a one-time basis (&ldqup;Purchases”) or on a subscription basis (&ldqup;Subscriptions”). Purchases and Subscriptions are final and non-refundable. If you sign up for, or are auto-renewed into, a Subscription and subsequently cancel that Subscription before the end of the term for such Subscription, you will not be entitled to a full or prorated refund based on the unused time. Subscriptions will automatically renew for the applicable time period you have selected, and your account will be charged prior to the expiration of the current Subscription. You may cancel automatic renewal by accessing your account page and selecting the subscription you want to modify. Certain Subscriptions may offer a free trial prior to purchase. If you decide to purchase a Subscription prior to the end of the free trial period, your Subscription will start immediately. There may be additional information and/or terms regarding Purchases and/or Subscriptions at the point of sale, and you should review such information and/or terms as you will be bound by them. You agree that you will pay for all Ditty Products you purchase through the Service, which such Products are offered to you for purchase and sale, and that we may charge your credit card, account,, or other payment method for any Purchases or Subscriptions and for any additional amounts (including any taxes and late fees, if applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US, IF APPLICABLE, WITH A VALID CREDIT CARD OR OTHER PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account, or other payment method you designate during the registration process, as applicable, which such payment method is acceptable to Zya. If you want to change your credit card or there is a change in your credit card or payment method status, you must change your information online in the &ldqup;My Details” section of your account. This may temporarily disrupt your access to the Service while we verify your new payment information. Prices for Ditty Products, whether via Purchase or Subscription, may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. If a Ditty Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Ditty Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Once you download a Ditty Product, it is your responsibility not to lose, destroy or damage it, and you should back it up as Zya is under no obligation to make such Ditty Products available on the Service for any length of time. Zya may, as a courtesy, store Ditty Products, New Masters and New Compositions on its own servers, but Zya shall have no responsibility for the loss or maintenance of any such data. Notwithstanding anything herein to the contrary, any Ditty Products, New Masters and New Compositions that are available only in streaming format, and not available for download, are not subject to refunds. Your total price may contain any applicable sales tax, which may be based on the bill-to address and the sales tax rate in effect at the time the Ditty Product is purchased or subscribed to. 14. USE OF PURCHASED OR SUBSCRIBED CONTENT. The Service and certain Ditty Products may include security technology that limits your use of Ditty Products and, whether or not Ditty Products are limited by security technology, you shall use Ditty Products in compliance with the applicable usage rules established by Zya and its licensors (&ldqup;Usage Rules”), and any other use of the Ditty Products may constitute a copyright infringement. Any security technology is an inseparable part of the Ditty Products. We reserve the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. We may control and monitor Usage Rules for compliance purposes, and we reserve the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by us for accessing the Service. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. 15. SUBMISSIONS TO THE SERVICE; THIRD PARTY MATERIALS; OBJECTIONABLE MATERIAL. The Service offers interactive features that allow you to submit materials on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials, (including, without limitation, New Masters, New Compositions, and Videos) created and/or submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses, and you agree to provide accurate and complete information, in connection with your submission of any materials on the Service. You hereby grant Zya and its affiliates, licensors, and licensees an unlimited, perpetual, worldwide, royalty-free, nonexclusive license to use such materials as part of the Service, and in relation to SB Products, without any compensation or obligation to you. We reserve the right to not post or publish, and to pull down and make unavailable if previously posted, any materials (including New Masters, New Compositions, and Videos created by you), and to remove or edit any material, at any time in our sole discretion without notice or liability to you. We have the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that we in our sole discretion deem appropriate, including, without limitation, termination hereunder. Certain content, SB Products, and services available via the Service may include materials from third parties. We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you. You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. SB Product types and descriptions are provided for convenience, and you agree that we do not guarantee their accuracy. 16. LINKS. The Service may contain hyperlinks to external locations (e.g., other websites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by Zya or that any affiliation exists between Zya and the linked website. You agree that Zya is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Zya has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk. You agree that Zya shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master. 17. RESTRICTIONS ON USE. Except as expressly set forth herein, you shall not: (i) reproduce, sell, transfer, distribute, advertise, market, promote, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Software, Master, Composition, New Master or New Compositions; (ii) modify, reverse-engineer, decompile or disassemble the Software or the Application; or (iii) cause, permit or authorize others to do any of the foregoing. 18. RULES FOR SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS AND SIMILAR PRODUCTIONS. Any sweepstakes, contests, raffles, surveys, or similar promotions made available through the Service will be governed by specific rules that are separate from and in addition to the terms of this Agreement. By participating in any such sweepstakes, contest, raffle, survey, or similar promotion, you will become subject to those rules, which may vary from the terms of this Agreement set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review Zya’s Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities. 19. YOUR REPRESENTATIONS AND WARRANTIES. You represent and warrant, each time you use the Service, that: (a) you have the power and authority to enter into and perform your obligations under this Agreement and the terms of this Agreement constitute your legal, valid, binding and enforceable obligation; (b) by clicking the button to accept and install the Software or the Application, you acknowledge that you intended to sign and be legally bound by, and you have signed and are legally bound by, this Agreement; (c) you shall only use the Service in accordance with this Agreement, any other agreement between you and us and Applicable Law; (d) if you are accessing the Service on behalf of another party, you assume all fiduciary, regulatory and other requirements and duties that may apply to your relationship to such party; (e) you shall not introduce, nor permit any person to introduce, into the Software, any code or malicious or hidden mechanisms that would impair the operation of the Service or of our computers or other devices or software, or would permit other users access to the Service, nor shall you use the Service to gain unauthorized access to any computer system; (f) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (g) you are not listed on any U.S. Government list of prohibited or restricted parties. 20. DISCLAIMER OF WARRANTIES BY ZYA. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. ZYA DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. ZYA DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICE. NEITHER ZYA NOR ITS AFFILIATES OR LICENSORS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED BY THE SERVICE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. ANY CONTENT OR OTHER INFORMATION OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE SERVICE. ANY CONTENT UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THE SERVICE IS UPLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE SERVICE. ZYA IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. ANY HYPERLINK TO ANOTHER SITE IS NOT AND DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY ZYA OF ANY INFORMATION ON THAT WEBSITE. 21. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZYA, OUR AFFILIATES, SUBSIDIARIES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, THIRD PARTY VENDORS, CONTRACTORS, TECHNOLOGY OR CONTENT PROVIDERS (THE &LDQUP;ZYA PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR DEATH, PERSONAL INJURY OR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARLY OR PUNITIVE, ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE APPLICATION. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY ZYA PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ZYA UNDER THIS AGREEMENT AND WITH RESPECT TO THE SOFTWARE OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT OF THE FEE RECEIVED FROM YOU BY ZYA IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE APPLICATION UNLESS SPECIFICALLY PROVIDED OTHERWISE BY ANY APPLICABLE LAW. IN THE EVENT THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE APPLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLE APPLICATION, AND, AS BETWEEN APPLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE APPLE APPLICATION, AS BETWEEN APPLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. IN THE EVENT THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY GOOGLE, AND GOOGLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE GOOGLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GOOGLE APPLICATION, AND, AS BETWEEN GOOGLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE GOOGLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE GOOGLE APPLICATION, AS BETWEEN GOOGLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE GOOGLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE GOOGLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. 22. INDEMNIFICATION. You agree to indemnify and hold Zya harmless and, at Zya’s request, defend Zya and the Zya Parties and their respective parents, subsidiaries, affiliates, partners, licensors, licensees, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) (hereinafter referred to as &ldqup;Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (1) your use of the Service; (2) any third-party claim, including, without limitation, copyright and other intellectual property claims, arising out of or related to the New Masters, New Compositions, Videos, any other Materials, or any songs or sound recordings created by you using the Service, including, but not limited to, your use, or use by anyone using your computer or mobile device, of a Master or Composition in a manner prohibited by the Service or this Agreement; (3) use of the Service by anyone using your computer, mobile device, or account; (4) a violation of this Agreement by you or anyone using your computer, mobile device, or account; (5) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement; or (6) any violation of Applicable Law. If any third party brings a claim, lawsuit, or other proceeding(s) against Zya or any Zya Party based on your conduct or use of the Service or that of someone using your computer, mobile device, or account, you agree to compensate Zya and all Zya Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding. You may not approve or disapprove the settlement or disposition of any such claim, lawsuit or proceeding without the prior written consent of Zya, which consent will not be unreasonably withheld or delayed. You acknowledge that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, as between Apple and Zya, Zya, not Apple, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. In addition, you acknowledge that, in the event of any third party claim that the Google Application or your possession and use of the Google Application infringes that third party’s intellectual property rights, as between Google and Zya, Zya, not Google, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. 23. INDEPENDENT INVESTIGATION. Zya reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Zya becomes aware of possible violations, including, without limitation, misuse of any materials. Such an investigation may include gathering information from a user of the Service and a complaining party and reviewing materials on Zya’s servers and systems. During an investigation, Zya may remove any and all disputed material from Zya’s servers and systems. If Zya believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Zya may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Zya’s servers and systems, warnings, and/or suspension or termination of a user’s access to the Zya Website or a user’s Zya account. Violations also could subject users to criminal or civil liability. 24. TREATMENT OF PERSONAL INFORMATION. You authorize Zya and any third party to whom Zya may delegate responsibilities, subject to reasonable confidentiality and safeguard obligations, to use, disclose and otherwise process (anywhere Zya does business), your personal information pursuant to the terms set forth in the Zya Privacy Policy and incorporated herein by this reference. You acknowledge and agree that you have read and hereby assent to the terms and conditions set forth in the Zya Privacy Policy. You further acknowledge and agree that any disputes related to the Zya Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in this Agreement. 25. DEFINITIONS. a) “Composition” shall mean a pre-existing “musical work”, as such term is interpreted under the United States Copyright Act of 1976, as amended. b) “Digital Master” shall mean a multi-track musical sound recording in digital format embodying a Composition. c) “Master Owner” shall mean the authorized licensor of rights in and to a Digital Master from which the New Master was created. d) “Composition Owner” shall mean the owner and/or administrator of the Composition from which the New Composition is derived. e) “Ditty Platform” shall mean the integrated architecture of software, applications and hardware which enable Zya to deliver music-related, copyright-protected content to a wide range of web-enabled devices including but not limited to desktop, laptop, netbook, tablet and smartphone computing and mobile devices. It is inclusive of both software, applications and hardware under Zya’s direct control as well as third-party solutions which power and/or enable delivery of its products and services and communicate with servers under Zya’s control as well as those hosted and operated by third parties. The Ditty Platform utilizes a distributed architecture and in some instances consists of embeddable widgets which reside on third-party web pages and blogs and contain code which enables the delivery of Zya, other Zya related, and/or “Zya” branded content to these locations. f) “Ditty Products” shall mean all functionality and/or content available for use and/or purchase in connection with the Ditty Platform. g) h) “New Composition” shall mean a derivative Composition created by you based, in part, on a Composition which may include new words associated by you with the original music and lyrics of the Composition directly in connection with your use of the Service. Although Zya defines your setting of messaging words to pre-existing musical Compositions within the Service as a &ldqup;New Composition”, Zya’s determination, however, is that a new musical composition has not actually been created by you, for any other purpose, consequence or result whatsoever. If, in fact, such determination is adjudicated or otherwise determined to be improper by any proper authority or other applicable organization, and Zya is in agreement with such other determination, then Zya will abide by such adjudication and/or determination, and conduct itself accordingly. Any terms otherwise set forth herein, which govern the actual creation of a New Musical composition, shall remain applicable provided such terms are not contrary to such adjudication and/or determination. i) “New Master” shall mean a Digital Master embodying an original sound recording created by the Software, which incorporates a Master. j) “Territory” shall mean the universe. k) “Video” shall mean a video embodying a New Master and New Composition created by you using the Software. 26. JURISDICTIONAL ISSUES/GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION. a) The Service is controlled and operated by Zya from within the United States of America. Zya makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Service will be available outside the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Service or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. b) Our goal is to provide you with a neutral and cost-effective means of resolving disputes quickly. Thus, for any claim related to this Agreement or our Service where the total amount sought: (i) is equal to or more than $10,000 USD, you may; or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form available at www.zyamusic.com/help/disputenotice. Zya may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of Zya’s offer to settle or Zya’s receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration available at www.zyamusic.com/help/arbitrationdemand. A party electing arbitration shall initiate it through an established alternative dispute resolution (&ldqup;ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in-person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in Los Angeles County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) Zya will pay all costs for non-frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) Zya may not seek reimbursement of its attorney’s fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than Zya’s last written settlement offer, Zya will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of the your attorney’s fees; (i) claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section 26(b). c) The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 26(b) of this Agreement, it is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Service shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter, and consent to service of process by any means authorized by California law. d) All claims you bring against Zya must be resolved in accordance with this Section 26. All claims filed or brought contrary to this Section 26 shall be considered improperly filed and a breach of this Agreement. Should either party file a claim contrary to this Section 26, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. 27. THIRD PARTY BENEFICIARIES. To the extent the Software contains Content provided by third parties or are otherwise contributed to by third parties, such third parties shall be considered third party beneficiaries of this Agreement. In addition, and without limiting the generality of the foregoing, with respect to your use of the Apple Application, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. 28. ACCEPTANCE OF ELECTRONIC FORM AND OTHER TERMS. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Zya or by its licensors in connection with Content, software, or services available on, through or in connection with the Service. 29. ASSIGNMENT; WAIVER. We are entitled to freely assign, delegate, subcontract, sublicense or otherwise transfer any of our rights and obligations under this Agreement to any third party. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our prior written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence. 30. TERMINATION. We may terminate this Agreement or cease providing the Service, at any time, with or without cause, and with or without notice to you. Further, if you fail, or Zya suspects that you have failed, to comply with any of the provisions of this Agreement, then in addition to Zya’s other rights and remedies under this Agreement, Zya may, at its sole discretion and without notice to you, do any of the following: (i) terminate this Agreement and/or your account and you will remain liable for all amounts due under your account up and through the date of termination; and/or (ii) terminate the licenses to the Software or the Application, and/or preclude access to the Service. You may terminate this Agreement by cancelling your account. Sections 3 and 6 through 36 shall survive the termination of this Agreement. All license rights granted to you shall immediately terminate upon termination of this Agreement. Upon termination of this Agreement, you shall: (a) cease all use of the Service; (b) pay all amounts due and owing to Zya as of the date of termination; and (c) not be entitled to any refund or credit of fees paid or payable hereunder. 31. AMENDMENTS. Zya reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this &ldqup;Terms Of Service Agreement” section of the Service. Such amendments will be effective when posted. 32. ACTS OF GOD. Zya shall be excused from its obligations for any period to the extent that Zya is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Zya’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. 33. SEVERABILITY. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable. 34. HEADINGS. Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof. 35. ENTIRE AGREEMENT. This Agreement, including all items incorporated by reference (including without limitation, the Zya Privacy Policy and the Zya Terms of Service) constitutes the entire agreement between you and Zya concerning the subject matter contained herein (including related to the Zya Website, the Software and/or the Service) and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Zya. 36. COPYRIGHT COMPLIANCE. Zya respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the service infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the service, then you may notify zya using the procedures set forth below. Send your notice of infringement to our designated agent: Attention: Business and Legal Affairs Zya 24003-A Ventura Boulevard Calabasas, CA 91302 Email: legal@zyamusic.com Your notice must be in writing and include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the url (i.E., the website address), where the copyrighted work exists, or a copy of the copyrighted work; An identification of the url web address on the website or other specific location where the allegedly infringing material is located; The address, telephone number, and email address of the notifying party; A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner. WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR ZYA AS A RESULT OF ZYA’S RELIANCE ON THE MISREPRESENTATION. Once we receive this information, zya may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include: A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location on the service at which the material appeared before it was removed or access to it was disabled; A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person. 37. DISCLAIMER. All Zya-developed names, characters, and descriptions appearing in the Service are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. 38. MISCELLANEOUS. The rights and remedies of Zya hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity. DITTY END USER LICENSE AGREEMENT YOUR USE OF THE APPLICATION, THE SOFTWARE, AND/OR THE SERVICE (EACH AS DEFINED BELOW) IS CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION OF THIS END USER LICENSE AGREEMENT, THEN YOU MUST CEASE SUCH USE IMMEDIATELY, AS WELL AS DELETE OR UNINSTALL THE APPLICATION, THE SOFTWARE AND/OR THE SERVICE FROM YOUR COMPUTER OR MOBILE DEVICE. Your use of the Zya software (the “Software”), Zya’s Ditty mobile application (the “Application”), and any other software, mobile application, and/or website owned or operated by Music Mastermind, Inc., d/b/a Zya (“Zya”), including, without limitation, the website located at zyamusic.com, (“Ditty Website”), the Application, any other such software, applications and/or websites, and the Software are collectively referred to as the “Service”), including, without limitation, your use of sound recordings, musical compositions, sound effects, audiovisual recordings, text, graphics, information, newsletters, photographs, and other related content (the “Content”), is expressly conditioned on your acceptance of, and agreement to, this Terms Of Service Agreement (the “Agreement”). This Agreement sets forth the terms and conditions which apply to your use of the Service. By using the Service, you agree to abide by all of the terms of this Agreement. As used herein, the term “you” and “your” shall mean you, either individually or as a single entity. All references to “we,” “us” or “our” shall refer to Zya. You may only use the Service if you are thirteen (13) years old or older, and if you assume the obligations set forth in this Agreement, and assume full responsibility for your use of the Service. Any person who provided their personal information to Zya represents that they are thirteen (13) years of age or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it. If you do not agree with any of Zya’s guidelines, rules, regulations, restrictions, or with any terms of this Agreement, you must not use the Service and you must delete and/or uninstall the Service from your computer or mobile device. Zya reserves the right to modify this Agreement at any time, in accordance with the &ldqup;Change to Terms and Conditions” section set forth below. Your continued use of the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with the terms of this Agreement and Zya’s Terms of Service, which is incorporated herein by reference, at all times when using the Service, Zya reserves the right to deny or restrict your access to the Service. The terms and conditions of this Agreement shall apply regardless of the means by which the Service was accessed, including, but not limited to, through personal computers, mobile phone or computing devices, electronic mail, the Zya Website, or links from other websites. With respect to your permitted use of the Application as downloaded from the Apple App Store (the “Apple Application”) or Google Play (“Google Application”), you acknowledge that this Agreement is entered into between you and Zya, and not with Apple, Inc. (“Apple”) or Google Inc. (“Google”). Neither Apple nor Google are responsible for the Apple Application or the Google Application, respectively, and the Content contained in the Apple Application or the Google Application. 1. Use of the Service By using the Service, you agree that: a) Your use of the Service, including, without limitation, any of its Content, is solely for your own use and benefit. b) You will not interfere with any other user’s use and enjoyment of the Service. You will not use the Service or any of Zya’s or its affiliates’ or licensors’ trademarks, service marks, copyrights, or logos in any manner inconsistent with this Agreement or in unsolicited mailings or spam material. c) You will not submit, post, upload, distribute, or otherwise make available any blog or forum post, content, New Composition (as defined below in Section 25), New Master (as defined below in Section 25), or Video (as defined below in Section 25) that contains, in the opinion of Zya: (1) personally identifiable information about another person; (2) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, profane, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable or unlawful material; (3) material that could harm minors; or (4) any material that infringes any intellectual property or other proprietary rights of any person or entity, or any right of any person or entity. d) You will not delete any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers, or modify any logos that you do not own or have written permission to modify. e) You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, but not limited to, by using another person’s username, password, name, likeness, voice, or photograph. You will not submit any personal information to the Service, about yourself or others, that is not accurate and truthful. f) You will not use the Service for any harmful or unlawful purpose, including, but not limited to sexual explicitness, racism, disparagement of any content provider to Zya, and engaging in (or attempts to engage in) any criminal activity including, but not limited to, stalking, sexual assault, fraud, harassment, terrorism and conspiracy to commit any criminal activity. g) You will not submit, post, upload, distribute, or otherwise make available any material that may contain a computer virus or other harmful material, or otherwise impair, interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment. h) You will not attempt to gain unauthorized access to Zya’s computer systems. You recognize that not all areas of the Service may be available to you. i) You are authorized to use Ditty Products (as defined below in Section 25), whether created by you or other users, only for personal, non-commercial use. Ditty Products may only be used on the Ditty Platform, the Facebook Messenger Platform, and/or other platforms expressly allowed by this Agreement (as this Agreement may be amended from time to time by Zya). You may not use Ditty Products on more than one (1) device at any time. You may not reproduce or copy a Ditty Product. You may not capture or otherwise copy any of the Ditty Products, whether into MP3 format, other downloadable files, or otherwise, except as otherwise specifically permitted by the Service and as specifically set forth herein. j) Some Ditty Products may be capable of being downloaded only once and cannot be replaced if lost for any reason. It is your responsibility not to lose, destroy, or damage Ditty Products once downloaded, and you may wish to back them up. k) Zya may, as a courtesy, allow you to store a limited number of Masters, Compositions, New Masters, New Compositions and Videos as files which are stored within the Service (&ldqup;Song Files”) and are accessible to you only through the Service. The amount of Songs allowed (the &ldqup;Song Storage Cap”), if so limited, may change from time to time, as indicated in the Service. You will not be allowed to store more Song Files than the Song Storage Cap. Though Zya may allow such storage through the Service, Zya is not responsible for the loss, destruction or damage of such Song Files. l) Despite the use of the term &ldqup;purchase” or other similar terms throughout this Agreement, the Ditty Products are licensed, not sold, to you. Your limited license to each Ditty Product that you obtain through the Service is subject to your prior acceptance of this Agreement, and you agree that the terms of this Agreement will apply to each Ditty Product that you license through the Service, unless that Ditty Product is covered by a separately noted Terms Of Service agreement, in which case the terms of such other agreement will apply. m) Your use of Ditty Products does not grant you the right to make any commercial use of any Ditty Products, including, but not limited to Compositions, Masters, New Masters and/or New Compositions. Any burning or exporting capabilities expressly made available to you by Zya, provided by Zya in connection with the Service are solely an accommodation to you, may only be used by you as reasonably necessary for personal and non-commercial use, and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Ditty Product. No use of the Service, nor any components thereof, shall be utilized by you in any manner in which it may be reasonably perceived that the Service (including a Master, New Master, Composition and/or New Composition) is endorsing any product or service whatsoever, except for any product or service related to the Service. n) You acknowledge that, because some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of Zya, if Zya changes any part of or discontinues the Service, which we may do at our election, you may not be able to use Ditty Products to the same extent as prior to such change or discontinuation, and that we shall have no liability to you in such case. Further, you acknowledge that some aspects of the Service, Ditty Products, and administration of the Usage Rules entails the ongoing involvement of, and is subject to contractual obligations to, the Composition Owner(s) (as defined below in Section 25), the Master Owner(s) (as defined below in Section 25), and/or other licensors of Zya, in each case which may limit your rights and/or access to such Service and Ditty Products. For example, the rights to New Compositions and New Masters created from, Compositions and Masters are not unconditional and not in perpetuity, and after Zya’s rights to license Compositions and Masters to you expire or are otherwise terminated or limited, your rights to use and exploit the New Compositions and New Masters you have created from such Compositions and Masters may be limited or extinguished altogether at any time in Zya’s sole discretion without notice or liability to you. o) If the Composition Owner, Master Owner, or any other publisher, artist or other licensor of licensed content (contained in an Ditty Product), for any reason requests that Zya take down access to any particular Master or Composition that contains such Ditty Product, Zya has the right to take down, or otherwise revoke your access to, or your rights to further use of, the Master, Composition, New Master and New Composition, or Video, without any liability by Zya to you. Zya cannot and does not guarantee that other users of the Service will comply with the rules above. 2. Proprietary Rights to the Service. Title and intellectual property rights to the Service are owned by Zya and its affiliates or licensors or otherwise by the owners of such material and are protected by copyright laws and treaties. Trademarks, trade names, service marks, copyrights, and logos of Zya and its affiliates and licensors may not be used or copied in any manner without the express prior written consent of Zya or its licensors, as applicable, except as specifically provided herein. All other trademarks, trade names, service marks, copyrights, and logos appearing on the Service are the property of their respective owners. Except as expressly set forth herein, you shall not reproduce, sell, transfer, advertise, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Service; modify, reverse-engineer, decompile or disassemble the Service; or cause, permit or authorize others to do any of the above. 3. Account, Responsibility for Contact Information and Passwords. When accessing the Service through certain means, you may have the opportunity to become a registered user of the Service. As a registered user of the Service, you may establish an account. You are solely responsible for maintaining the confidentiality and security of your account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively, &ldqup;Passwords”) issued to you. You may not share your account or Passwords with any third party. You agree not to alter, delete, disable or otherwise circumvent any Password or permit or assist any other party to do so in a manner not authorized by us. We reserve the right to suspend your access to the Software and change (or require you to change) your Passwords at any time. You are responsible for all transmissions, instructions, information, processes, click stream data or other communications (&ldqup;Communications”) attributable to your account and Passwords, whether entered by you or by any other person, and any agreement or consent communicated from such access shall be deemed to be a duly signed writing of yours sufficient to bind you. We are not responsible for any losses arising out of the unauthorized use of your account. You shall notify us immediately upon learning or suspecting that any unauthorized party has obtained or used your account or Password. If any of your contact details (including without limitation, user name, email address and billing address) change, you agree to notify us in writing within thirty (30) days of the occurrence of such change. You agree that we may store and use the information you provide for use in maintaining and billing fees to your account, as applicable. 4. Change to Terms and Conditions. Zya may modify this Agreement, effective immediately, at any time, including, without limitation, to impose or modify charges for use of the the Software, the Application, Ditty Website, and/or the Service or any portion thereof, by posting such changes to the Ditty Website. Your continued access to or use of the the Software, the Application, Ditty Website, and/or the Service following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. 5. Usage and Proprietary Rights in the Service. We grant you, for the term of this Agreement, a personal, limited, non-exclusive, revocable, non-transferable and non-sublicenseable license to use the Service subject to the terms hereof. Without limiting the generality of the foregoing, with respect to your use of the Apple Application, we grant you, for the term of this Agreement, a non-transferable license to use the Apple Application on any iPhone, iPad, or iPod that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service http://www.apple.com/legal/itunes/us/terms.html#SALE. In addition, without limiting the generality of the foregoing, with respect to your use of the Google Play Application, we grant you, for the term of this Agreement, a non-transferable license to use the Google Play Application on any Android device that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service https://play.google.com/about/play-terms.html. You have no ownership rights in the Service, which is owned by us or our licensors, and is protected under copyright, trademark and other intellectual property laws and other applicable laws, rules or regulations (“Applicable Law”). You receive no copyright, license, or any other intellectual property right in or to the Service. You agree that we may provide certain portions of the Service under license from third parties, and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors. We shall exclusively own all feedback or suggestions you may communicate to Zya regarding the Service, including all intellectual property rights in such items, and you irrevocably assign all rights in such items to us. We retain exclusive control over the Service, and reserve the right, at any time and in our sole discretion, without prior notice to you, to: (a) change, suspend, terminate or discontinue all or a portion of the Service and any related product or service support; (b) impose limits on, restrict or terminate your access to or use of all or a portion of the Service; or (c) terminate your license. You agree that we may monitor your use of the Service, use information relating to your use of the Service for our business purposes and share such information, where applicable, with our licensors and other third parties, and that such activities shall not be deemed to be a violation of the Zya Privacy Policy located at zyamusic.com/privacypolicy. You acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application or Google Application, respectively. In addition, you acknowledge that any of your information which is collected by the Service is done so by Zya and not in any way by Facebook, in accordance with the terms set forth in Zya’s Privacy Policy. 6. Intentionally Left Blank. 7. Creation of New Masters And New Compositions. You may use Compositions and Masters (as defined below in Section 25) purchased by you in connection with New Masters and New Compositions created by you using the Service, subject to all the terms and conditions contained herein. 8. Ownership of New Masters And New Compositions. To the extent that you create any non-infringing (i.e., a “work” which has been previously authorized by the Application, including an authorized so-called “derivative work” [a newly created work based on previously existing works] permitted by the Application, and does not infringe on the rights of any third party rights holder) New Masters and New Compositions (cumulatively, the “Works”) using the Application, as between you and Zya, Zya shall own all rights in and to (including, but not limited to, the copyrights therein) such New Masters and New Compositions as “works made for hire” pursuant to the Copyright Laws of the United States. In the event that any of the Works are, for any reason, not considered “works made for hire”, then you agree to assign all rights in any such Works to Zya, throughout the universe, in perpetuity. Zya shall own all rights to the Works in any manner whatsoever, including, without limitation, the use thereof in connection with the Application, and otherwise in accordance with the terms set forth herein, however Zya will not exploit the Works in any manner, other than in connection with the Application, without your prior written consent. Notwithstanding anything contained herein to the contrary, Zya acknowledges that third parties may actually own content licensed to Zya and made available by Zya for use by you in connection with the Application. In the event that your or Zya’s use of any New Master or New Composition, in accordance with the terms set forth herein, results in generating any ancillary revenues, Zya shall have the exclusive right to claim and collect any and all such revenues, and you shall not be entitled to any participation therein. 9. Grants of Rights to Zya; Promotional Rights. Zya’s rights in any New Masters and New Compositions, created by you hereunder shall include, without limitation, the rights to the exclusive administration thereof, throughout the universe, in perpetuity, subject to the pre-existing rights of any third parties, including, without limitation, the Composition Owner and the Master Owner; provided, however, that Zya is under no obligation to administer such rights or to exploit any New Master and New Composition created by you. Without limiting the generality of the foregoing, Zya and its affiliates, distributors, and licensees shall have the sole, exclusive, perpetual and unlimited right to publicly perform the New Masters and New Compositions, and to reproduce, transfer, distribute, the New Masters and New Compositions within or directly in connection with the Application, all throughout the Territory and under any trademarks, trade names or labels designated by Zya or its affiliates or licensors, and in any manner, method, medium, format, configuration, platform or technology, now or hereafter known or devised, or to delay or refrain from doing any of the foregoing. Further, you hereby grant to Zya the unlimited, royalty-free, transferable, sub-licensable, perpetual right, throughout the universe, to use (and authorize others to use) to use any New Masters and New Compositions created by you (or any materials made a part thereof by you), or under your account in connection with the use, exploitation, sale, distribution, licensing, advertisements, marketing and/or promotion of any Ditty Products, the Zya Website, the Application, the Software, and/or the Service, and any matters related thereto. 10. Intentionally Left Blank. 11. Electronic Contracting. Your use of the service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE ZYA WEBSITE AND THROUGH THE SOFTWARE AND THE APPLICATION, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. We are not responsible for typographic errors. 12. Purchase and Subscription Policies. Certain Ditty Products may be available for use in connection with the Service, and may, in Zya’s sole discretion, be licensed on a royalty-free basis or purchased or licensed on a one-time basis (“Purchases”) or on a subscription basis (“Subscriptions”). Purchases and Subscriptions are final and non-refundable. If you sign up for, or are auto-renewed into, a Subscription and subsequently cancel that Subscription before the end of the term for such Subscription, you will not be entitled to a full or prorated refund based on the unused time. Subscriptions will automatically renew for the applicable time period you have selected, and your account will be charged prior to the expiration of the current Subscription. You may cancel automatic renewal by accessing your account page and selecting the subscription you want to modify. Certain Subscriptions may offer a free trial prior to purchase. If you decide to purchase a Subscription prior to the end of the free trial period, your Subscription will start immediately. There may be additional information and/or terms regarding Purchases and/or Subscriptions at the point of sale, and you should review such information and/or terms as you will be bound by them. You agree that you will pay for all Ditty Products you purchase through the Service, which such Products are offered to you for purchase and sale, and that we may charge your credit card, account,, or other payment method for any Purchases or Subscriptions and for any additional amounts (including any taxes and late fees, if applicable) that may be accrued by or in connection with your account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US, IF APPLICABLE, WITH A VALID CREDIT CARD OR OTHER PAYMENT METHOD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account, or other payment method you designate during the registration process, as applicable, which such payment method is acceptable to Zya. If you want to change your credit card or there is a change in your credit card or payment method status, you must change your information online in the “My Details” section of your account. This may temporarily disrupt your access to the Service while we verify your new payment information. Prices for Ditty Products, whether via Purchase or Subscription, may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. If a Ditty Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Ditty Product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Once you download a Ditty Product, it is your responsibility not to lose, destroy or damage it, and you should back it up as Zya is under no obligation to make such Ditty Products available on the Service for any length of time. Zya may, as a courtesy, store Ditty Products, New Masters and New Compositions on its own servers, but Zya shall have no responsibility for the loss or maintenance of any such data. Notwithstanding anything herein to the contrary, any Ditty Products, New Masters and New Compositions that are available only in streaming format, and not available for download, are not subject to refunds. Your total price may contain any applicable sales tax, which may be based on the bill-to address and the sales tax rate in effect at the time the Ditty Product is purchased or subscribed to. 13. Use of Purchased or Subscribed Content. The Service and certain Ditty Products may include security technology that limits your use of Ditty Products and, whether or not Ditty Products are limited by security technology, you shall use Ditty Products in compliance with the applicable usage rules established by Zya and its licensors (“Usage Rules”), and any other use of the Ditty Products may constitute a copyright infringement. Any security technology is an inseparable part of the Ditty Products. We reserve the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. We may control and monitor Usage Rules for compliance purposes, and we reserve the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is provided by us for accessing the Service. You shall not access or attempt to access an account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. 14. Submissions to the Service; Third Party Materials; Objectionable Material. The Service offers interactive features that allow you to submit materials on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials (including, without limitation, New Masters, New Compositions, Videos and any other visual images, graphics, artwork, items similar or related to the foregoing, etc.) (collectively, “Materials”) created and/or submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses, and you agree to provide accurate and complete information, in connection with your submission of any materials on the Service. You hereby grant to Zya and its affiliates, licensors, and licensees an unlimited, perpetual, worldwide, royalty-free, nonexclusive license to use any Materials in any manner whatsoever at the discretion of Zya, as part of the Service, and in relation to Ditty Products, without any compensation or obligation to you. We reserve the right to not post or publish, and to pull down and make unavailable if previously posted, any materials (including New Masters, New Compositions and Videos created by you), and to remove or edit any material, at any time in our sole discretion without notice or liability to you. We have the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that we in our sole discretion deem appropriate, including, without limitation, termination hereunder. Certain content, Ditty Products, and services available via the Service may include materials from third parties. We may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you. You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Ditty Product types and descriptions are provided for convenience, and you agree that we do not guarantee their accuracy. 15. LINKS. The Service may contain hyperlinks to external locations (e.g., other websites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by Zya or that any affiliation exists between Zya and the linked website. You agree that Zya is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Zya has not necessarily reviewed, and does not necessarily endorse, content at linked websites, and is not responsible for such content or for your use of such content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk. You agree that Zya shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master. 16. Restrictions on Use. Except as expressly set forth herein, you shall not: (i) reproduce, sell, transfer, distribute, advertise, market, promote, license, synchronize with any medium or otherwise deal in, use, exploit or dispose of the Software, Master, Composition, New Master or New Compositions; (ii) modify, reverse-engineer, decompile or disassemble the Software or the Application; or (iii) cause, permit or authorize others to do any of the foregoing. 17. Rules for Sweepstakes, Contests, Raffles, Surveys and Similar Productions. Any sweepstakes, contests, raffles, surveys, or similar promotions made available through the Service will be governed by specific rules that are separate from and in addition to the terms of this Agreement. By participating in any such sweepstakes, contest, raffle, survey, or similar promotion, you will become subject to those rules, which may vary from the terms of this Agreement set forth herein. We urge you to read the applicable rules, which are linked from the particular activity, and to review Zya’s Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such activities. 18. Your Representations and Warranties. You represent and warrant, each time you use the Service, that: (a) you have the power and authority to enter into and perform your obligations under this Agreement and the terms of this Agreement constitute your legal, valid, binding and enforceable obligation; (b) by clicking the button to accept and install the Software or the Application, you acknowledge that you intended to sign and be legally bound by, and you have signed and are legally bound by, this Agreement; (c) you shall only use the Service in accordance with this Agreement, any other agreement between you and us and Applicable Law; (d) if you are accessing the Service on behalf of another party, you assume all fiduciary, regulatory and other requirements and duties that may apply to your relationship to such party; (e) you shall not introduce, nor permit any person to introduce, into the Software, any code or malicious or hidden mechanisms that would impair the operation of the Service or of our computers or other devices or software, or would permit other users access to the Service, nor shall you use the Service to gain unauthorized access to any computer system; (f) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (g) you are not listed on any U.S. Government list of prohibited or restricted parties. 19. Disclaimer of Warranties by Zya. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. ZYA DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. ZYA DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICE. NEITHER ZYA NOR ITS AFFILIATES OR LICENSORS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY CONTENT PROVIDED BY THE SERVICE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. ANY CONTENT OR OTHER INFORMATION OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE SERVICE. ANY CONTENT UPLOADED OR OTHERWISE SUBMITTED THROUGH THE USE OF THE SERVICE IS UPLOADED AT THE USER’S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO UPLOADING THROUGH THE USE OF THE SERVICE. ZYA IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. ANY HYPERLINK TO ANOTHER SITE IS NOT AND DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY ZYA OF ANY INFORMATION ON THAT WEBSITE. 20. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZYA, OUR AFFILIATES, SUBSIDIARIES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, THIRD PARTY VENDORS, CONTRACTORS, TECHNOLOGY OR CONTENT PROVIDERS (THE “ZYA PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR DEATH, PERSONAL INJURY OR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARLY OR PUNITIVE, ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE APPLICATION. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY ZYA PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ZYA UNDER THIS AGREEMENT AND WITH RESPECT TO THE SOFTWARE OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT OF THE FEE RECEIVED FROM YOU BY ZYA IN CONNECTION WITH YOUR USE OF THE SOFTWARE OR THE APPLICATION UNLESS SPECIFICALLY PROVIDED OTHERWISE BY ANY APPLICABLE LAW. IN THE EVENT THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE APPLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLE APPLICATION, AND, AS BETWEEN APPLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APPLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE APPLE APPLICATION, AS BETWEEN APPLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. IN THE EVENT THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY GOOGLE, AND GOOGLE WILL REFUND TO YOU THE PURCHASE PRICE, IF ANY, FOR THE GOOGLE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GOOGLE APPLICATION, AND, AS BETWEEN GOOGLE AND ZYA, ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE GOOGLE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY WILL BE ZYA’S RESPONSIBILITY. IN ADDITION, YOU ACKNOWLEDGE THAT, WITH RESPECT TO THE GOOGLE APPLICATION, AS BETWEEN GOOGLE AND ZYA, ZYA IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE GOOGLE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE GOOGLE APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GOOGLE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. 21. Indemnification. You agree to indemnify and hold Zya harmless and, at Zya’s request, defend Zya and the Zya Parties and their respective parents, subsidiaries, affiliates, partners, licensors, licensees, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney’s fees and costs) (hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (1) your use of the Service; (2) any third-party claim, including, without limitation, copyright and other intellectual property claims, arising out of or related to the New Masters, New Compositions, Videos, any other Materials, or any songs or sound recordings created by you using the Service, including, but not limited to, your use, or use by anyone using your computer or mobile device, of a Master or Composition in a manner prohibited by the Service or this Agreement; (3) use of the Service by anyone using your computer, mobile device, or account; (4) a violation of this Agreement by you or anyone using your computer, mobile device, or account; (5) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement; or (6) any violation of Applicable Law. If any third party brings a claim, lawsuit, or other proceeding(s) against Zya or any Zya Party based on your conduct or use of the Service or that of someone using your computer, mobile device, or account, you agree to compensate Zya and all Zya Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding. You may not approve or disapprove the settlement or disposition of any such claim, lawsuit or proceeding without the prior written consent of Zya, which consent will not be unreasonably withheld or delayed. You acknowledge that, in the event of any third party claim that the Apple Application or your possession and use of the Apple Application infringes that third party’s intellectual property rights, as between Apple and Zya, Zya, not Apple, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. In addition, you acknowledge that, in the event of any third party claim that the Google Application or your possession and use of the Google Application infringes that third party’s intellectual property rights, as between Google and Zya, Zya, not Google, will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim. 22. Independent Investigation. Zya reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Zya becomes aware of possible violations, including, without limitation, misuse of any materials. Such an investigation may include gathering information from a user of the Service and a complaining party and reviewing materials on Zya’s servers and systems. During an investigation, Zya may remove any and all disputed material from Zya’s servers and systems. If Zya believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Zya may take any action it deems appropriate under the circumstances known to it, which may include removal of material from Zya’s servers and systems, warnings, and/or suspension or termination of a user’s access to the Zya Website or a user’s Zya account. Violations also could subject users to criminal or civil liability. 23. Treatment of Personal Information. You authorize Zya and any third party to whom Zya may delegate responsibilities, subject to reasonable confidentiality and safeguard obligations, to use, disclose and otherwise process (anywhere Zya does business), your personal information pursuant to the terms set forth in the Zya Privacy Policy and incorporated herein by this reference. You acknowledge and agree that you have read and hereby assent to the terms and conditions set forth in the Zya Privacy Policy. You further acknowledge and agree that any disputes related to the Zya Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability, dispute resolution and arbitration provisions contained in this Agreement. 25. Definitions. a) “Composition” shall mean a pre-existing “musical work”, as such term is interpreted under the United States Copyright Act of 1976, as amended. b) “Digital Master” shall mean a multi-track musical sound recording in digital format embodying a Composition. c) “Master Owner” shall mean the authorized licensor of rights in and to a Digital Master from which the New Master was created. d) “Composition Owner” shall mean the owner and/or administrator of the Composition from which the New Composition is derived. e) “Ditty Platform” shall mean the integrated architecture of software, applications and hardware which enable Zya to deliver music-related, copyright-protected content to a wide range of web-enabled devices including but not limited to desktop, laptop, netbook, tablet and smartphone computing and mobile devices. It is inclusive of both software, applications and hardware under Zya’s direct control as well as third-party solutions which power and/or enable delivery of its products and services and communicate with servers under Zya’s control as well as those hosted and operated by third parties. The Ditty Platform utilizes a distributed architecture and in some instances consists of embeddable widgets which reside on third-party web pages and blogs and contain code which enables the delivery of Zya, other Zya related, and/or “Zya” branded content to these locations. f) “Ditty Products” shall mean all functionality and/or content available for use and/or purchase in connection with the Ditty Platform. g) “New Composition” shall mean a derivative Composition created by you based, in part, on a Composition which may include new words associated by you with the original music and lyrics of the Composition directly in connection with your use of the Service. Although Zya defines your setting of messaging words to pre-existing musical Compositions within the Service as a &ldqup;New Composition”, Zya’s determination, however, is that a new musical composition has not actually been created by you, for any other purpose, consequence or result whatsoever. If, in fact, such determination is adjudicated or otherwise determined to be improper by any proper authority or other applicable organization, and Zya is in agreement with such other determination, then Zya will abide by such adjudication and/or determination, and conduct itself accordingly. Any terms otherwise set forth herein, which govern the actual creation of a New Musical composition, shall remain applicable provided such terms are not contrary to such adjudication and/or determination. h) “New Master” shall mean a Digital Master embodying an original sound recording created by the Software, which incorporates a Master. i) “Territory” shall mean the universe. j) “Video” shall mean a video embodying a New Master and New Composition created by you using the Software. 26. Jurisdictional Issues/Governing Law/Dispute Resolution/Arbitration. a) The Service is controlled and operated by Zya from within the United States of America. Zya makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any foreign countries, or that any items offered for sale through links on the Service will be available outside the United States. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Service or any copy or adaptation of such content, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations. b) Our goal is to provide you with a neutral and cost-effective means of resolving disputes quickly. Thus, for any claim related to this Agreement or our Service where the total amount sought: (i) is equal to or more than $10,000 USD, you may; or (ii) is less than $10,000 USD, you must, initiate dispute proceedings by completing the Notice of Dispute Form available at www.zyamusic.com/help/disputenotice. Zya may offer to settle the claim, provided however that if the dispute is not resolved within 30 days from the date of Zya’s offer to settle or Zya’s receipt of the Notice of Dispute Form (whichever is later), you may invoke binding arbitration by filing a separate Demand for Arbitration available at www.zyamusic.com/help/arbitrationdemand. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, in person, by telephone, online, or based solely on written submissions; (b) any in-person arbitration will take place in the county in which the city or town you have entered as your residence sits (and if neither is applicable, then the arbitration shall take place in Los Angeles County, California); (c) either party may bring a claim in small claims court in lieu of arbitration; (d) the ADR provider may award any form of individual relief; (e) Zya will pay all costs for non-frivolous claims; (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (g) Zya may not seek reimbursement of its attorney’s fees in connection with such arbitration; (h) in the event you receive an arbitration award greater than Zya’s last written settlement offer, Zya will pay a ten thousand U.S. Dollar ($10,000.00 USD) minimum recovery and twice the amount of the your attorney’s fees; (i) claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You hereby agree that for any dispute or claim that is less than $10,000 USD, you waive any right to a trial (by judge or jury), you waive any right to participate as a member of a class in a class action or similar proceeding, and you will abide by the dispute resolution mechanism in this Section 25(b). c) The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. For any dispute that is equal to or more than $10,000 and is not resolved or arbitrated under Section 25(b) of this Agreement, it is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the Service shall be finally adjudicated or determined in any court or courts of the State of California, or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter, and consent to service of process by any means authorized by California law. d) All claims you bring against Zya must be resolved in accordance with this Section 25. All claims filed or brought contrary to this Section 25 shall be considered improperly filed and a breach of this Agreement. Should either party file a claim contrary to this Section 25, the other party may recover attorneys’ fees and costs up to ten thousand U.S. Dollars ($10,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim. 26. Third Party Beneficiaries. To the extent the Software contains Content provided by third parties or are otherwise contributed to by third parties, such third parties shall be considered third party beneficiaries of this Agreement. In addition, and without limiting the generality of the foregoing, with respect to your use of the Apple Application, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. 27. Acceptance of Electronic Form and Other Terms. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules, or procedures imposed by Zya or by its licensors in connection with Content, software, or services available on, through or in connection with the Service. 28. Assignment; Waiver. We are entitled to freely assign, delegate, subcontract, sublicense or otherwise transfer any of our rights and obligations under this Agreement to any third party. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our prior written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence. 29. Termination. We may terminate this Agreement or cease providing the Service, at any time, with or without cause, and with or without notice to you. Further, if you fail, or Zya suspects that you have failed, to comply with any of the provisions of this Agreement, then in addition to Zya’s other rights and remedies under this Agreement, Zya may, at its sole discretion and without notice to you, do any of the following: (i) terminate this Agreement and/or your account and you will remain liable for all amounts due under your account up and through the date of termination; and/or (ii) terminate the licenses to the Software or the Application, and/or preclude access to the Service. You may terminate this Agreement by cancelling your account. Sections 2 and 5 through 35 shall survive the termination of this Agreement. All license rights granted to you shall immediately terminate upon termination of this Agreement. Upon termination of this Agreement, you shall: (a) cease all use of the Service; (b) pay all amounts due and owing to Zya as of the date of termination; and (c) not be entitled to any refund or credit of fees paid or payable hereunder. 30. Amendments. Zya reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this “End User License Agreement” section of the Service. Such amendments will be effective when posted. 31. Acts of God. Zya shall be excused from its obligations for any period to the extent that Zya is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet or other communications failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Zya’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. 32. Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable. 33. Headings. Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof. 34. Entire Agreement. This Agreement, including all items incorporated by reference (including without limitation, the Zya Privacy Policy and the Zya Terms of Service) constitutes the entire agreement between you and Zya concerning the subject matter contained herein (including related to the Zya Website, the Software and/or the Service) and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by Zya. 35. Copyright Compliance. Zya respects the intellectual property of others, and we ask that our users do the same. If you have a good-faith reason to believe that material on the Service infringes a copyright that you own, or if your intellectual property rights have been otherwise violated by material posted on the Service, then you may notify Zya using the procedures set forth below. Send your notice of infringement to our designated agent: Attention: Business and Legal Affairs Zya 24003-A Ventura Boulevard Calabasas, CA 91302 Email: legal@zyamusic.com Your notice must be in writing and include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that is alleged to have been infringed, including the electronic location, such as the url (i.E., the website address), where the copyrighted work exists, or a copy of the copyrighted work; An identification of the url web address on the website or other specific location where the allegedly infringing material is located; The address, telephone number, and email address of the notifying party; A statement by the notifying party that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by the notifying party, made under penalty of perjury, that the above information in the notice is accurate and that the notifying party is the copyright owner. WARNING: IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE LIABLE FOR DAMAGES, INCLUDING ATTORNEY’S FEES, INCURRED BY A COPYRIGHT OWNER, ALLEGED INFRINGER, OR ZYA AS A RESULT OF ZYA’S RELIANCE ON THE MISREPRESENTATION. Once we receive this information, zya may expeditiously remove or block access to the allegedly infringing material, and notify the user who posted the material that we have taken such action. If you, as the user, receive a notice that material has been blocked, and believe that this material was removed by mistake or misidentification, you may submit a written counter-notification to our designated agent which must include: A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location on the service at which the material appeared before it was removed or access to it was disabled; A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your address is outside of the united states, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person. 36. Disclaimer. All Zya-developed names, characters, and descriptions appearing in the Service are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. 37. Miscellaneous. The rights and remedies of Zya hereunder are cumulative and are in addition to, and not in lieu of, all rights and remedies available at law and in equity. 38. CONTACT US. If you have any questions, complaints or claims with respect to the Service, or the Application, please contact us at: Attention: Business and Legal Affairs Zya 24003-A Ventura Boulevard Calabasas, CA 91302 Email: legal@zyamusic.com Zya Privacy Policy Statement Music Mastermind, Inc., d/b/a “Zya”, and its subsidiaries, fully respect your privacy. You may only use the Service if you are thirteen (13) years old or older, and if you assume the obligations set forth in this Agreement, and assume full responsibility for your use of the Service. Any person who provided their personal information to Zya represents that they are thirteen (13) years of age or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand and agree to it. This Privacy Policy Statement informs you of our privacy practices and of the choices you can make about the way your information is collected online through all Zya owned sites and through use of Zya’s software (the “Software”) or mobile applications (the “Application”), and how that information is used. This Privacy Policy Statement is readily available on our home page and at the bottom of every Zya Website (as defined below). If you have questions or complaints regarding our privacy policy or practices, please contact Zya using the contact information included at the end of this Privacy Policy Statement. Sites and Services covered by this Privacy Policy Statement Collection of personal information How we use your information How we share your information Children’s privacy Your choices and selecting your privacy preferences Access to and accuracy of your information Keeping your information secure and disclaimer Terms and changes to this Privacy Policy Statement and dispute resolution Contacting us How Zya uses automatic data collection tools: Cookies Web beacons Embedded web links Zya ads on third party websites Information gathering tools Your California privacy rights Aggregate information Testimonials and comments to Blog or Message Board 1. Sites and Services covered by this Privacy Policy Statement This Privacy Policy Statement applies to the Software, the Application, and all Zya-owned websites and domains and the websites and domains of any of our affiliates (the “Zya Websites”), whether accessed via computer, mobile device or other technology (the “Services”), except that the terms of any privacy policy or statement specifically posted on any of Zya’s websites which is specific to a particular Zya program or service will apply instead of this Privacy Policy Statement. Links to non-Zya websites The Services may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Services. Zya does not control those sites or their privacy policies or practices in connection with personal information, which may differ from Zya’s practices. We do not endorse nor make any representations about any such third-party websites. The personal data you choose to provide to, or that is collected by these, third parties is not covered by the Zya Privacy Policy Statement. We encourage you to review the privacy policy of any company before submitting your personal information. We may also provide social media features on the Services that enable you to share Zya information with your social networks and contacts and to interact with Zya on various social media sites. Your use of these features may result in the collection or sharing of information about you or such contacts, depending on the feature. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that could be shared by those sites. We do not control or limit those social media sites, nor do we control their privacy policies or terms of services, terms of use or end user license agreements. 2. Collection of personal information To serve you better and understand your needs and interests, Zya collects, exports, and uses personal information with notice and consent, along with required filings with data protection authorities, when and if applicable. For example, when you order products or services, request information, subscribe to marketing or support materials, register yourself or your Zya products or services, use Zya products or services, operate on the Zya Website or environment, enter contests or participate in surveys, upload content onto third party sites, or apply for a job at Zya, we will ask you to provide personal information to complete these transactions. The types of personal information you provide to us on these pages may include contact information such as your name, address, telephone number, and email address; financial information such as your credit card number; and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences, contact preferences, educational and employment background, and job interest data. We may also collect certain demographic information (such as gender or age) and information about your interests and preferences (“preferences information”). In many cases, such demographic and preferences information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any personal information, then such demographic and preferences information will be treated as personal information under this Privacy Policy Statement. If you post, comment or share personal information, including photographs, to any public forum on the Services, social network, blog, or other such forum, please be aware that any personal information you submit can be read, viewed, collected, or used by other users of these forums, and could be used to contact you, send you unsolicited messages, or for purposes that neither you nor Zya have control over. Zya is not responsible for the personal information you choose to submit in these forums. In addition to the information you provide, Zya, as well as any third-party advertisers and/or service providers, may also collect information in connection with the Services, or during your visit to a Zya Website, or a website “powered by” another company on behalf of Zya, through our Automatic Data Collection Tools, which include web beacons, cookies, embedded web links, and other information-gathering tools. These tools collect certain traffic information regarding your use of the Services or that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology, or other device (collectively “Device”) you may use to access the software application or Zya website, information about your Internet Protocol (IP) address, click stream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Services), and product information. A Device Identifier is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Devices use Device Identifiers to communicate on the Internet, allowing users to browse and shop. Zya may also use some of these Automatic Data Collection Tools in connection with certain emails sent from Zya and therefore may collect information using these tools when you open the email or click on a link contained in the email. To learn more, read “How Zya uses automatic data collection tools”. Zya may also collect information from commercially available sources that it deems credible. Such information may include your name, address, email address, preferences and demographic data. For example, if you are on another web site and you opt-in to receive information from Zya, that website will forward to Zya your e-mail address and other information about you so that we may contact you as requested. You may also choose to participate in third party applications or features (such as one of our Facebook or Twitter applications or a similar application or feature on a third party web site) through which you allow Zya to collect and share (or the third party to collect and share) information about you, including Personal Information. If you access the Services through a third-party connection or log-in, Zya may also collect your user ID and/or username associated with that third-party service, and any information you have made public in connection with that service or which the third party shares with partner services. In addition, Zya may receive information about you if other users of a third party web site give Zya access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections” webpage, profile page, or similar page on a social networking or other third party website or interactive service. The collection and use of this information is pursuant to such third party’s information collection practices, which are typically outlined in a policy like this one, provided on the third party’s website or application. Zya also may supplement the information it collects about you through the Services with other information from third parties in order to enhance Zya’s ability to serve you, to tailor content to you and to offer you opportunities to purchase products or services that Zya believes may be of interest to you. Zya may combine the information it receives from these third parties with information Zya collects through the Services. In those cases, Zya will apply this Policy to any Personal Information received, unless Zya has disclosed otherwise. 3. How we use your information The information Zya collects to understand your needs and interests helps Zya deliver a consistent and personalized experience. For example, Zya may use your information to: assist you in completing a transaction or order; prevent and detect security threats, fraud or other malicious activity; communicate with you about products and services; provide service and support; improve the Services; update you on new services and benefits; provide personalized promotional offers; select content to be communicated to you; personalize the Services; measure performance of marketing initiatives, ads, and websites “powered by” another company on Zya’s behalf; to market, advertise, sell and otherwise exploit the music; allow you to participate in contests and surveys; and contact you regarding Zya products or services. Zya will give you the opportunity to choose your privacy preferences regarding the communications Zya sends (see Your choices and selecting your privacy preferences). The testimonials posted on the Zya Website are only posted with the expressed permission of the individual or company who provided that testimonial. As set forth more fully in Zya’s Terms Of Service, if you sign up for the Services and create New Compositions, New Masters and/or Videos, Zya may collect and use your name (including any names used by you, including your professional name and user name), likeness, image, voice and biographical information in connection with the use, exploitation, sale, distribution, licensing, advertisements, marketing and/or promotion of the New Compositions, New Masters, Videos, the Zya Website and/or the Services. 4. How we share your information The Services are a social experience. Accordingly, Zya may share your information with third parties for a variety of purposes. Zya retains service providers and suppliers to deliver complete products, services and customer solutions, to assist with the functionality and services associated with the Software and the Application, and to assist Zya with marketing, communication, initiatives as well as providing the Zya services and products. These providers and suppliers include, for example, credit card processors, providers of customer support and live-help, marketing, email service providers, automated data processors, customer insight and social media analytics providers, and shipping agents. Zya also shares personal information with its strategic partners for the purposes of, among other things, effective distribution and sales of the Software, the Application, and other Zya products. From time to time, Zya participates in marketing initiatives with other companies, including co-branded contests, promotions, and websites “powered by” another company on behalf of Zya. As part of these initiatives, Zya may share personal information with such other companies for their marketing purposes. Also as part of these initiatives, certain Zya services and marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share additional personal information with both Zya and the other companies participating in these initiatives. For example, you may receive marketing communications from Zya and other companies or have the opportunity to register online for software products from multiple companies. If you choose to provide additional personal information to Zya, that information will be governed by this Privacy Policy Statement, unless a different privacy policy statement is referred to at the point of collection. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies which may differ from Zya’s policies and practices. Zya may also share your personal information, including any names used by you, including your professional name and user name, likeness, image, voice and biographical information to promote and advertise the Service and products and services located on the Service. This may also include sharing your personal information with search engines and social media sites. Zya will require the export of your personal information to other Zya-owned business entities in the US and Worldwide in accordance with this Privacy Policy Statement to satisfy your request. Such export is a requirement of providing the information to Zya. Zya may also share the personal information you provide to Zya with non-Zya third parties without your permission, to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) investigate and help prevent security threats, fraud or other malicious activity; (iv) enforce/protect the rights and properties of Zya or its subsidiaries; (v) administer Zya’s obligations under the Terms of Service; or (vi) protect the rights or personal safety of Zya employees and third parties on or using Zya property. Circumstances may arise where, whether for strategic or other business reasons, Zya decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Zya’s practice to seek appropriate protection for information in these types of transactions. 5. Children’s privacy Zya does not knowingly collect information from children under the age of 13 and does not target its Services to children under 13 years old. We encourage parents and guardians to take an active role in their children’s online activities and interests. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database and close any account controlled by such child. 6. Your choices and selecting your privacy preferences Zya gives you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product-specific and service-specific information and also choose to receive Zya general communications. You may also be able to inform Zya of your desire that we not share certain of your information with certain third parties. Delivery of Zya general communications will generally be by email or mobile device, but may also be by postal mail, telephone, or other communication methods, in Zya’s sole discretion. You can make or change your choices about receiving either subscription or general communications at the data collection point or by using other methods, which are listed in the following sections. This option does not apply to communications primarily for the purpose of administering order completion, contracts, support, product safety warnings, driver updates, or other administrative and transactional notices as the primary purpose of these communications is not promotional in nature. This option does not apply to communications from third parties, as the privacy policy and choices of such third parties will apply. The communications that you receive from Zya will be provided in accordance with this Privacy Policy Statement. Some communications may utilize automatic data collection tools. To learn more, read How Zya uses automatic data collection tools. Communications you receive from third parties will be subject to their privacy statements and policies regarding automatic data collection tools. Opting Out Subscription communications include email newsletters, software updates, etc., that may be expressly requested by you or which you consented to receive. Zya general communications provide information about products, services, and/or support. This may include new product information, special offers, or invitations to participate in market research. You may opt out of subscription communications or Zya general communications by using one of the following methods: Select the email “opt out” or “unsubscribe” link, or follow the opt-out instructions included in each email subscription communication. To unsubscribe from messages delivered to mobile devices, reply to the message with the words “STOP” or “END”. Return to the web page(s) where you originally registered your preferences and follow the opt-out instructions. Access to many Zya subscriptions is available at the My Account web page. Write to the Zya Privacy Officer. Be sure to provide your name, relevant contact information, and specific relevant information about the Zya subscriptions that you no longer wish to receive. Please be aware that when you opt out of receiving certain subscription communications or general communications, it may affect the services you have chosen to receive from Zya where accepting the communications is a condition of receiving the services. 7. Access to and accuracy of your information Zya strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Zya provides individuals with reasonable access to personal information that they provided to Zya and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Zya you can return to the Software, the Application, or the web page where you originally submitted your data and follow the instructions on the Software, the Application, or that web page or contact the Zya Privacy Officer. 8. Keeping your personal information secure and disclaimer Zya takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, Zya utilizes appropriate physical, technical and administrative procedures to safeguard the information we collect. When collecting or transferring sensitive information such as credit card information we use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access. When we transmit highly confidential information (such as credit card number or password) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Credit card numbers are used only for processing payments and are not used for other purposes. As part of real-time payment processing, Zya subscribes to a fraud management service. This service gives you and Zya an extra level of security to guard against credit card fraud and to protect your financial data. Despite Zya’s efforts to keep your personal information secure, no company can guaranty the security and privacy of its services, information and other data. Accordingly, Zya disclaims and does not represent and warrant that it will be able to maintain your privacy or the security of its data in regard to your personal information. Zya’s privacy policies and procedures are “as is” and Zya makes no representation as to the fitness for a particular purpose or merchantability. 9. Terms and changes to this Privacy Policy Statement and dispute resolution If we change our Privacy Policy Statement, we will post the revised version of the Privacy Policy Statement here, with an updated revision date, which revised Privacy Policy Statement shall become effective immediately upon posting. If we make significant changes to our Privacy Policy Statement, we may also notify you by other means, such as sending an email or posting a notice on our home page. As per the end user license agreement (if applicable) and the Terms of Service, you have agreed: (i) to abide by and be bound by the terms of the end user license agreement (if applicable), the Terms of Service, and this Privacy Policy; and (ii) to use only the rights and remedies afforded to you under the arbitration provision in the end user license agreement (if applicable) and/or the Terms of Service for any claims, including pursuant to any disputes or any breaches of privacy or security, that you may have or which could arise in relation to Zya, its services or content, or this Privacy Policy. 10. Contacting us We value your opinions. If you have comments or questions about our Privacy Policy Statement, please send them to privacy@zyamusic.com or write to us at the following address: Zya c/o Music Mastermind, Inc. 24003-A Ventura Boulevard Calabasas, CA 91302 Attention: Privacy Officer Rev. March 3, 2015 How Zya Uses Automatic Data Collection Tools The following sections provide additional information about commonly-used web technology tools. Cookies A “cookie” is a small data file transferred to your computer’s hard drive. Zya or its service providers send cookies when you use the Services, surf our site or sites where our ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on the Software, our site, sites that are “powered by” another company on Zya’s behalf, or sites where our ads appear may give us access to information about your browsing behavior, which we may use to personalize your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you and the Software and/or some web pages may not display properly. You can find information on popular browsers and how to adjust your cookie preferences at the following websites: Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.htm Mozilla Firefox: http://www.mozilla.org/projects/security/pki/psm/help_21/using_priv_help.html Google Chrome: http://www.google.com/support/chrome/bin/answer.py?answer=95647 Apple’s Safari: http://docs.info.apple.com/article.html?path=safari/3.0/en/9277.html From time to time, Zya will use Flash local shared objects (LSOs) to store Flash content information and preferences. LSOs perform similar functions to HTML browser cookies and deposit small files on your computer, which are commonly called Flash cookies. Flash cookies are different from browser cookies and cookie management tools provided by your browser will not remove Flash cookies. To learn more about Flash Cookies and how to manage the related privacy and storage settings, please visit the Adobe Systems website. Web Beacons The Services may use web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email, as well as to measure performance on the Zya website and websites “powered by” another company on Zya’s behalf. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the web beacon is placed. Depending on the context, web beacons may also refer to content on a third-party server, and may be used by service providers to deliver relevant advertising to you You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. If you choose to receive marketing emails or newsletters from Zya as specified in Your choices and selecting your privacy preferences, Zya may automatically collect personal information about you. For example, through web beacons and personalized URLs embedded in these emails or newsletters, Zya can track whether you’ve opened those messages and whether you’ve clicked on links contained within those messages. For more information on embedded web links, see below. Embedded web links Emails from Zya, the Software, Zya’s other software products, and promotional icons installed on your device by Zya, may use links designed to lead you to a relevant area on the web, after redirection through Zya’s servers. The redirection system allows Zya to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives. In emails, such web links may also allow Zya to determine whether you have clicked a link in an email, and this information about the interaction may be connected to your personal identity. If you do not want Zya to collect information about the links that you click, you can: change your choice about how you receive communications from Zya (i.e. choose a text-based version of the message where available) or choose not to click links in an email that Zya sends or in Zya software products delete the promotional icons installed by Zya on your PC desktop or choose not to click on those Zya ads and offerings on third-party websites Zya may contract with service providers to place ads on websites owned by third parties. In addition, some websites may be “powered by” a service provider to provide Zya offers on Zya’s behalf. These service providers may send cookies from and use web beacons on these third-party websites and on the Zya Website. The cookies and web beacons may enable Zya to collect information about the pages you viewed and the links you clicked. Information-gathering tools Zya may use tools to collect information about your experience on the Services. These tools do not involve the use of web beacons or cookies, but record your interaction with the Services as captured by a Zya server. Certain tools, used in some countries, may enable Zya to replay customer Software or web sessions. Your California Privacy Rights The following applies solely to California residents who have an established business relationship with Zya. If we collect personal information from you, we may make that personal information available to our affiliated companies or third parties, for their marketing and promotional purposes. If you decide that you do not want us to share your personal information with these companies for their marketing and promotional purposes, please send an email to privacy@zyamusic.com. In this email, state whether: (i) you would like to opt out of receiving promotional correspondence from Zya in general, or via email, postal mail, instant messaging, and/or by phone; (ii) you would only like to opt out of Zya newsletters; and/or (iii) you would like Zya to not share your personal information with third parties for their marketing purposes. Your opt out request will be processed within thirty (30) days of the date on which we receive it. Aggregate Information From time to time, Zya may collect general, non-personal, statistical information about the use of the Services, such as how many visitors visit a specific page on the Zya Website, how long they stay on that page and which hyperlinks, if any, they “click” on. We collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail above. We collect this information in order to determine which areas of the Zya Website are most popular and to enhance the Zya Services for visitors. We may group this information into aggregate visitor data in order to describe the use of the Services to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. Zya may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Services. Testimonials and Comments to Blog or Message Board If you use our blog, or other public venue on the Services (including New Masters, New Compositions and Videos), you will be identified on those venues by the name you submit. Please be aware that the name you choose to provide will be viewable by all users of our message boards or other public venues, so please use caution when choosing your name or providing any profile information. Information that you provide on blogs, message boards, New Masters, New Compositions or Videos or other similar venues may also be viewable by the general Internet public. We cannot be responsible for any personal information you choose to post on public venues, and we recommend careful consideration before you post such information. We may, but are not obligated to, monitor and moderate content on blogs and other public venues. JSTOR Terms and Conditions of Use 1. Welcome to JSTOR JSTOR’s integrated digital platform (the “JSTOR Platform”) is a trusted digital library providing for long-term preservation and access to leading academic journals and other scholarly materials from around the world. JSTOR is part of ITHAKA, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology, and is supported by libraries, scholarly societies, publishers, and foundations. By using JSTOR, you agree to these Terms and Conditions of Use, which may be subject to an agreement entered into between JSTOR and a user’s affiliated institution, such as a user’s university (“Institutional Participation Agreement”). If you have questions about your affiliated institution’s participation agreement with JSTOR, please contact your librarian. 2. Authorized Users Access to content on JSTOR is available for “Authorized Users”, meaning: (a) individuals who are affiliated with an Institutional Licensee, defined as an institution (such as a college, university, secondary school, public library, museum, foundation, government agency, research center or corporate and for-profit organization) that maintains a valid Institutional Participation Agreement with JSTOR. This includes, as applicable: i currently enrolled students (including distance education students); ii on an ad hoc basis, researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee; iii full and part-time staff; iv on-site users physically present and authorized to be on the Institutional Licensee’s premises (“Walk-In Users”); v for public libraries, off-site users accessing the Licensed Content through a sessions-based arrangement entered into between JSTOR and the library; and, vi for higher education Institutional Licensees that participate in JSTOR’s Alumni Access Program, individuals who have earned a degree, namely a Bachelor’s, Master’s, Doctorate, medical degree or their equivalent, from the Institutional Licensee. (b) individual members of scholarly societies that have entered into an agreement with JSTOR for access to specific Content via the JSTOR Platform (“Individual Access”); and (c) other users of specified Content agreed upon in writing by or on behalf of JSTOR, including users of i Data for Research; ii the Publisher Sales Service (a service through which JSTOR facilitates users’ purchase of content from publishers); iii individual researchers not affiliated with an Institutional Licensee, publication, or scholarly society; iv individual users of Early Journal Content; v individuals who have successfully registered with MyJSTOR or MyPlants but do not otherwise meet any of the criteria for Authorized Users (“Register Read Users”) and vi individuals who have successfully purchased access through JPASS (a service through which individuals can purchase access to JPASS Content as defined below) (“JPASS Users”). 3. The Content 3.1 “Content” means the collective of: “Back Issues”, defined as journal volumes and issues dated behind the “Moving Wall” described at http://about.jstor.org/terminology#M. “Books”, defined as complete books and/or portions of such books, such as book chapters. “Current Issues”, defined as those issues of journal(s) published online back to the Digital Availability Date. The “Digital Availability Date” is the year when issues of the Journal(s) initially were published online in digital format, subject to exceptions as determined by the publisher and JSTOR, and does not include digitized versions of print issues. Information concerning the Digital Availability Date for each title is available at http://about.jstor.org/node/297653#tab-title-list. “Early Journal Content”, defined as journal content (as distinct from pamphlets, manuscripts, monographs or other content) that has been published prior to 1923 in the United States or prior to 1870 if initially published internationally. “GIS Data” is spatial/geographic information systems (“GIS”) data contained within the Cultural Heritage Sites and Landscapes and Struggles for Freedom in South Africa Collections. “Global Plants Content”, defined as plant specimens. other materials made available by JSTOR, including but not limited to research reports, white papers, working papers, policy papers, government documents, and newsletters (“Grey Literature”), and primary source materials including the Cultural Heritage Sites and Landscapes and Struggles for Freedom in South Africa Collections (“Primary Source Materials”). 3.2 “Licensed Content” means the Content for which an Authorized User’s affiliated Institutional Licensee has licensed access, or the Content available to an Authorized User through Individual Access, JPASS, the Publisher Sales Service, or other programs. For more information about the JSTOR material licensed by your affiliated Institutional Licensee, please contact your librarian. 3.3 “Open Access Content” means specified items of Content that are labeled “Open Access”. 4. Permitted Uses of the Content 4.1 Institutional Licensees and/or Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Licensed Content for the following Permitted Uses, provided they abide by the restrictions in this Section 4, Section 5 and elsewhere in these Terms and Conditions of Use: (a) research activities; (b) classroom or organizational instruction and related classroom or organizational activities; (c) student assignments; (d) as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field; (e) authors or other Content creators may at their discretion incorporate their Content (other than Books) into unrestricted databases or website with prior permission from the publisher and other applicable rights holders; (f) linking (g) Data for Research as defined further in Section 14.3 below. and for Institutional Licensees and/or Authorized Users other than Register & Read Users: (h) on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Content via services offered by JSTOR, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas; (i) downloading Content (including certain Book chapters where downloading is made available for the Book chapters on the JSTOR Platform) to view, use and display including on a personal digital device (e.g. mobile devices, e-readers, and personal computers); (j) (except for Books) in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Authorized User and/or his or her faculty readers are affiliated; and (k) fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in the United States. 4.2 The portions of Licensed Content that have been downloaded or printed out by an Authorized User may continue to be used in compliance with these Terms and Conditions even if such license should later terminate or expire. 4.3 Additional Permitted Uses of the Early Journal Content. JSTOR encourages broad use of the Early Journal Content. In addition to all permitted uses described above, users are free to copy, use, and redistribute the Early Journal Content in part or in whole for non-commercial purposes. JSTOR asks that you acknowledge JSTOR as the source of the Early Journal Content; if you use material from JSTOR online, we request that you link directly to the stable URL provided. If you use Early Journal Content offline, we ask that you credit the source as follows: “Courtesy of JSTOR.” Please be considerate of other users and do not use robots or other devices or coordinate activity to systematically download these works as this may be disruptive to our systems. 4.4 Use of Open Access Content. Open Access Content may be subject to different terms of use, such as a Creative Commons license, as indicated in the copyright statement for the content. If an Open Access Content item has different terms posted where the content appears, those terms shall have precedence over these Terms and Conditions of Use. 5. Prohibited Uses of the Content Institutions and users may not: (a) use or authorize the use of the JSTOR Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of JSTOR beyond reasonable printing or administrative costs. For purposes of clarification, “commercial purposes or gains” shall not include research whose end-use is commercial in nature. (b) except as set forth above, provide and/or authorize access to the Content available through Individual Access, the Publisher Sales Service, or other programs to persons or entities other than Authorized Users; (c) attempt to override, circumvent, or disable any encryption features or software protections employed in the JSTOR Platform; (d) undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden the JSTOR server(s) or any third-party server(s) being used or accessed in connection with JSTOR; or (e) undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or (f) make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use. Additionally, for Content other than the Early Journal Content, Institutions and users may not: (g) modify, obscure, or remove any copyright notice or other attribution included in the Content; (h) incorporate Content into an unrestricted database or website, except as provided in 4.1(e) above; (i) systematically print out or download Content to stock or replace print holdings; (j) download or print, or attempt to download or print an entire issue of a journal (unless such entire issue has been purchased through the Publisher Sales Service) or substantial portions of the entire run of a journal, except for the specific case in which the complete contents of a journal issue or a substantial portion of Content (e.g. a series of scholarly essays) is relevant to the particular research; or (k) reproduce or distribute Content in bulk, such as the inclusion of Content including portions of Content (e.g., Book chapters, individual articles and/or journal issues) or Content in course packs, electronic reserves, repositories, or organizational intranets (but see Section 4.1(f) above). 6. Linking JSTOR encourages the use of links to facilitate access to the Content by Authorized Users and Institutional Licensees, including but not limited to links to online syllabi, bibliographies, and reading lists. All Content has a stable URL that can be found in the Browse and Search interfaces of JSTOR’s website as well as on the Article Information page each discrete Content item. Further information on establishing stable links to material in JSTOR may be obtained from User Support (support@jstor.org). 7. Interlibrary Loan Institutional Licensees may wish to use the textual Content, namely Back Issues, Current Issues and Books, for the purpose of fulfilling occasional requests from other libraries, a practice commonly called Interlibrary Loan. Institutional Licensees may use Licensed Content for Interlibrary Loan provided that such use is not at a volume that would substitute for a subscription to the journal, acquisition of access to a Book, or participation in JSTOR by the receiving institution and is in accordance with United States or international copyright laws, guidelines, or conventions. For Books, this shall mean Interlibrary Loan shall be restricted to a single copy of a Book chapter. Institutional Licensees shall comply with the CONTU Guidelines, available at http://old.cni.org/docs/infopols/CONTU.html unless the Institutional Licensee is subject to similar international guidelines or customary and usual practices regarding Interlibrary Loan. Transmission of Licensed Content shall be from one library to another (not directly to users) through post or fax, or secure electronic transmission, such as Ariel or its equivalent. To facilitate direct contact with publishers for the provision of Content outside the allowable scope of Interlibrary Loan or for other permissions, publisher information is available at http://about.jstor.org/jstor-publishers. 8. Responsibilities of Users 8.1 Access. Institutional Licensees shall make reasonable efforts to ensure that access to the Licensed Content is limited to Authorized Users and to protect the Licensed Content from unpermitted use, including but not limited to by issuing and terminating passwords within its control, verifying the status of Authorized User, providing lists of valid passwords or set of IP addresses to JSTOR if applicable, updating such lists on a regular basis and providing any information or assistance necessary for JSTOR to implement whatever user authentication processes JSTOR may establish in its sole discretion. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided), and for all usage or activity by them of JSTOR and may not provide access to JSTOR to anyone else. 8.2 Unpermitted Use. Institutional Licensees and Authorized Users shall notify JSTOR of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of JSTOR, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with JSTOR to resolve problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a) JSTOR may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User’s access to the Licensed Content; (b) JSTOR may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or (c) JSTOR may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, the JSTOR Platform. JSTOR shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter. 8.3 Posted Material. Where Authorized Users are able to submit material and/or post comments on the JSTOR Platform, they represent and warrant that they will not upload or otherwise publish through JSTOR any materials that: (a) are protected by copyright, or other proprietary or intellectual property rights; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users acknowledge and agree that any material that they submit or comments that they post may be edited, removed, modified, and/or published by JSTOR without notice. 8.4 Indemnification. Institutional Licensee agrees to indemnify JSTOR against any damage arising from breach of the Participation Agreement or the Terms and Conditions of Use to the extent allowed by applicable law (including but not limited to laws which limit liability for public educational or government institutions), it being understood that only individual Authorized Users shall be held responsible, and shall indemnify and hold JSTOR harmless from any and all liability and costs incurred, for any violations by them of the Terms and Conditions of Use. 8.5 Hardware and Software. Institutional Licensees understand and agree that Internet browser software is required to access the JSTOR Platform and Institutional Licensees and/or Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to the JSTOR Platform and any and all costs associated therewith. The Hardware and Software Requirements page available at http://about.jstor.org/jstor-help-support/admin-support#399711, as may be updated by JSTOR from time to time consistent with evolving industry standards, sets forth hardware platforms and browsing software required and/or recommended for accessing the JSTOR Platform. 9. Intellectual Property Rights 9.1 General Intellectual Property Rights. The JSTOR Platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to the JSTOR Platform and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to JSTOR or, as applicable, the aforementioned entities, subject to the rights of third parties. 9.2 Trademarks. Neither JSTOR nor Institutional Licensee may use the other’s name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities without approval except: (i) JSTOR may use Institutional Licensees’ names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as participants in JSTOR along with other participants, and (ii) Institutional Licensees are encouraged to use JSTOR’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of JSTOR. 10. Responsibilities of JSTOR 10.1 JSTOR will use reasonable efforts to provide continuous availability of the JSTOR Platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of JSTOR (“Maintenance Downtime”). If JSTOR fails to provide online availability to the JSTOR Platform for more than 72 hours during any period of 30 consecutive calendar days Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to JSTOR. JSTOR will provide support to Institutional Licensees and Authorized Users in accordance with the terms set forth http://about.jstor.org/support-training/help. 10.2 JSTOR is committed to supporting and working with industry standards and best practices for online information delivery as these standards are developed. In furtherance of this commitment, JSTOR shall use reasonable efforts to ensure that: (a) Subject to constraints imposed by or in agreement with publishers and/or by third party rights holders, the Content contained in the JSTOR Platform that is produced by digitizing print material are complete and faithful replications of the print versions of such Content. (b) JSTOR Platform is compliant with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.0 Level AA except that JSTOR Global Plants and the Primary Source Materials include a large number of images, maps and other heavily visual forms of content, and in cases where the magnification feature of the image viewer does not suffice, JSTOR will only be able to provide access to metadata regarding images. Subject to constraints imposed by or in agreement with publishers, third party rights holders, and/or by digital rights management technology, JSTOR will make good faith efforts to ensure that the Books contained in the JSTOR Platform meets these accessibility standards. Register & Read Users who require an accessible version of certain Content, please contact JSTOR User Support. For more information on accessibility see http://about.jstor.org/accessibility. (c) the JSTOR Platform meets ANSI/NISO z39.88-2004 OpenURL standards; (d) the JSTOR Platform is compatible with the NISO Metasearch XML Gateway (MXG) protocol in development, XML and SRU/SRW search interfaces; and (e) It makes available to Institutional Licensees COUNTER-compliant usage statistics. 11. Warranty; Disclaimers 11.1 Authorized Users recognize that JSTOR is an aggregator of third-party Content, not the creator of the Content. JSTOR represents and warrants under the laws of United States that to its knowledge use of the JSTOR Platform and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the JSTOR Platform or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11. 11.2 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the JSTOR Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of the JSTOR Platform or Content in violation of these Terms and Conditions of Use. If the JSTOR Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify JSTOR, and, subject to Section 10.1 above, JSTOR’s sole obligation will be to repair the nonconformity. In no event will JSTOR’s liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE JSTOR PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH JSTOR. 11.3 The JSTOR Global Plants, Cultural Heritage Sites and Landscapes and the Primary Source Materials include a wide variety of materials, including archival materials and historical primary source materials where in some cases the author rights holders cannot be identified or located. JSTOR represents and warrants that it has made diligent efforts to locate and seek permission from the holders of the copyright and any other applicable rights in the Content. In some cases, JSTOR is relying on fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions to the copyright laws or other intellectual property right laws in the United States or in other countries. JSTOR agrees to indemnify and hold harmless Institutional Licensee and its Authorized Users against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Content in the JSTOR Global Plants and the Primary Source Materials (including GIS Data) for its intended purposes in accordance with these Terms and Conditions of Use and the applicable Participation Agreement between Institutional Licensee and JSTOR, provided that they notify JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute, and subject to the limitation on damages described in Section 11.2 of the JSTOR Terms and Conditions of Service. 11.4 Users of Early Journal Content should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply, and use of certain images or other materials may require additional permissions from third parties. Users shall hold JSTOR harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third party rights, and obtaining necessary permissions, as they relate to use of the Early Journal Content. 12. Archiving and Long-Term Access 12.1 Archiving of Back Issues and Grey Literature. As an archive serving the scholarly community, JSTOR provides long term preservation of the Back Issue and Grey Literature material in its collections by pursuing best practices and standards in the creation and maintenance of the JSTOR Platform and establishing mirror sites and multiple back up files for all of the materials in the JSTOR Platform, and for those Back Issue materials included in the JSTOR Platform that have print editions, establishing dedicated repositories at several participating institutions to house and preserve the print copies under archival-quality conditions. With the support of Institutional Licensees, JSTOR is also developing an endowment to ensure the long term operating viability of the JSTOR Platform. Institutional Licensees typically pay an Annual Access Fee (a recurring payment for access to the JSTOR Platform) and an Archive Capital Fee (a one-time fee to ensure long term preservation, upgrading and enhancements of the scholarly materials on JSTOR). Should an Institutional Licensee elect to terminate access to a JSTOR collection containing Back Issues and/or Grey Literature, it may resume access to that collection and all content subsequently added to that collection at any time in the future through payment of only the Annual Access Fee (unless the Institutional Licensee has remaining installments of the Archive Capital Fee in which case it will also resume paying that fee from the point at which the Institutional Licensee left). 12.2 Post Cancellation Access for Current Issues. Access to Current Issues shall be available to Institutional Licensees following the Institution’s cancellation or non- renewal of a subscription to the Current Issues of the applicable journal (“Post Cancellation Access”) (i) through Portico for Portico participants (all of the journals whose Current Issues are available on the JSTOR Platform are also part of the Portico digital preservation service); (ii) for Institutions that continue to license Back Issues for applicable fees, JSTOR will honor access to subscribed Current Issues for cancelled or non-renewed Subscriptions until the Moving Wall catches up to the year in which the subscription was cancelled or discontinued; or (iii) if neither (i) nor (ii) apply JSTOR will arrange for alternative access for a small fee if the Institutional Licensee is not a Portico participant. 12.3 Perpetual Access for Books. In the event of an Institution’s cancellation or non-renewal of an Institutional Participation Agreement JSTOR shall provide access to Books through either JSTOR (with possible limitations on access and functionality) or Portico (many of the Books which are available on the JSTOR Platform are also part of the Portico digital preservation service) as selected in JSTOR’s discretion. 13. DMCA Notifications If you believe that content in the Primary Source Materials violates your copyright or otherwise violates your rights, please send a written notice to JSTOR directed to the Office of the General Counsel, JSTOR, 2 Rector Street 18th Floor, New York, NY, 10006 or send an email to the address listed at http://www.copyright.gov/onlinesp/agents/j/jstor(2).pdf. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit JSTOR to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if JSTOR learns of such a claim from another source, JSTOR may remove such content pending the resolution of such claim. 14. Additional Terms and Conditions of Use 14.1 JPASS Users will have access to certain Content for unlimited read-only access subject to the JPASS User’s agreement with JSTOR (the “JPASS Agreement”) and subject to these Terms and Conditions of Use. A fixed number of available Content items may be downloaded per month as further specified in the JPASS Agreement and once the JPASS User has reached the download limit the JPASS User will no longer be able to download Content. 14.2 “Register & Read Users will have access to certain Content on a limited, read-only basis. A fixed number of available Content items may be placed on an Authorized User’s “MyJSTOR shelf” and each item can only be removed and replaced with other items after a fixed period of time (the number of items and amount of time to be determined by JSTOR and the publishers). 14.3 Data for Research is a JSTOR program for research activities involving computational analysis rather than for purposes of understanding the intellectual meaning of such content. Data for Research users will be able to (i) search the JSTOR archive using the Data for Research search function; (ii) download chart data to view, use and display as Excel-compatible CSV files; (ii) view document-level data including word frequencies, citations, key terms and ngrams; requesting and downloading datasets containing word frequencies, citations, key terms, or ngrams associated with the Data for Research selected; and (iv) subject to registration with JSTOR and at JSTOR’s discretion, access additional data via a method prescribed by JSTOR. For the purpose of clarity, Data for Research is not limited to Licensed Content. Additional use of Data for Research and access to a custom dataset are subject to JSTOR’s approval. Please see the Data for Research registration page for further information http://dfr.jstor.org/accounts/register/. The Prohibited Uses described in Section 5 above apply also to uses of Data for Research. 14.4 Institutions in the United Kingdom and Republic of Ireland, and their users please see http://www.jisc-collections.ac.uk/Terms–Conditions/ for the Ireland Collection. 14.5 Institutions in the United Kingdom and their users please see http://www.jisc-collections.ac.uk/Terms–Conditions/ for the 19th Century British Pamphlets Collection. 15. Withdrawing Content from JSTOR JSTOR may withdraw Content from JSTOR for good cause shown. JSTOR would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal. However, should JSTOR be unable to avoid such inconvenience, JSTOR in no way will be held liable for the withdrawal of such Content from the JSTOR Platform. If JSTOR withdraws a material amount of Content, Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to JSTOR. 16. Privacy Policy Use of JSTOR indicates acceptance of JSTOR’s Privacy Policy, available http://about.jstor.org/privacy as it may be amended from time to time. ITHAKA does not knowingly collect personally identifiable information from anyone under the age of 13. If it is discovered that we have collected PII from someone under 13 we will delete that information immediately. 17. Force Majeure Neither JSTOR nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party’s performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party. 18. General 18.1 These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Institutional Licensees’ Institutional Participation Agreements. In the event of any conflict between these Terms and Conditions of Use and the Institutional Participation Agreement applicable to an Institutional Licensee and/or Authorized User, the Institutional Participation Agreement will prevail. 18.2 These Terms and Conditions of Use will be interpreted and construed according to United States Federal law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary. 18.3 If you are a United States public educational or government institution, those portions of this Agreement which are invalid or unenforceable against you due to applicable state or federal law, shall be construed in a manner most consistent with applicable governing law. 18.4 If any provision or provisions of these Terms and Conditions of Use will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use. 18.5 The English language version of agreements with JSTOR will be controlling over any other version. 18.6 In the interest of managing the evolving needs of Institutional Licensees, Authorized Users, and Content providers, JSTOR reserves the right to modify these Terms and Conditions, or any aspect of JSTOR, at any time. The most updated these Terms and Conditions of Use will be posted on the JSTOR website. JSTOR will notify Institutional Licensees via email of material modifications. A modification will become effective for an Institutional Licensee if it does not object in writing to JSTOR within 60 (sixty) days from the time JSTOR emails notice of the modification. In the event of such an objection, the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice. Last updated on March 24, 2017 BorrowBox Terms & Conditions Welcome to BorrowBox Your library has entered into an agreement with Bolinda Digital Pty Ltd ("Bolinda Digital") to provide you with access to the Bolinda Digital Service ("Service"). This Service allows you to borrow digital content for a fixed loan period. By using the Bolinda Digital Service, you are entering into a legally binding agreement ("Agreement") with Bolinda Digital Pty Ltd. This Agreement and any updates, additional software licenses and all of Bolinda Digital's policies collectively constitute your Agreement with Bolinda Digital. To Agree to these terms click "Agree". If you do not agree to these terms, do not click "Agree" and do not use the Service. This Agreement allows you to use digital content under the terms and conditions set out below. 1. If you are under the age of 18 If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations. 2. Bolinda Digital Privacy Policy This Agreement is subject to the Bolinda Digital Privacy Policy (see home page), which is expressly incorporated into this Agreement. If you have not already read Bolinda Digital's Privacy Policy, you should do so now before using the Service. 3. Objectionable material By using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. There may be no warning of this. You agree to use this Service at your sole risk and Bolinda Digital has no liability to you for content that may be found to be offensive, indecent or objectionable. 4. Your Information It is a condition of use that you provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service. You must maintain and update your registration as required to keep it accurate, current and complete. Bolinda Digital may terminate your rights to use the Service if any information you provide is false, inaccurate or incomplete. You agree that Bolinda Digital may store and use your information you provide for use in maintaining your account. 5. Responsibility for your account When you become a registered user of the Service, you will be required to set up an account. You are solely responsible for maintaining the confidentiality and security of your account. You must not reveal your account information to anyone else. You must not use anyone else's account or allow anyone to use your account. You are entirely responsible for all activities that occur through your account, and you agree to immediately notify Bolinda Digital of any unauthorised use of your account or any breach of security. Bolinda Digital will not be responsible for any losses arising out of the unauthorised use of your account. 6. Digital Content License When you download Content from the Service, Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to download or stream the Content to your computer or one portable media player solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. You must not decompile, disassemble, reverse engineer, modify or create derivative works from the files. Your licence will be for the duration of the term specified. You will receive a reminder email at the end of the loan term telling you that you must delete the files. Because you are downloading files on a borrowing licence, you must delete them when the term is over. Your obligation to delete the files exists even if you do not receive the reminder email. Failure to delete files will constitute a breach of the copyright licence and Bolinda Digital may suspend your access to the Service temporarily or permanently. 7. Website Access License The Bolinda Digital Service is provided to you by your library. Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of this website and not to download (other than page caching) or modify all or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any use or reproduction of logos or images of Bolinda Digital, its content providers or its affiliates; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website and/or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilise framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) of Bolinda Digital, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilising our name or trade marks without our express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of this website so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Bolinda Digital or BorrowBox logo or other proprietary graphic or trade mark as part of the link without express written permission. 8. Security Content transacted through the Service incorporates active security technology that allows tracing of files back to borrowers, particularly whether files have been made available for sale or resale, or through file sharing or peer-to-peer networks. By using the Service, you consent to the tracing and identification of files by Bolinda Digital and its agents. If it is detected that you have attempted to sell or share files, your access to the Service may be suspended temporarily or permanently and you may be prosecuted for copyright infringement. You must not attempt to, or assist another person to attempt to, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to these rules for any reason whatsoever. Bolinda Digital reserves the right to enforce usage rules with or without notice to you. You agree that you will not access the software that allows access to the Service by any other means than that which is provided by Bolinda Digital. You agree that you will not modify the software in any manner or use modified versions for any purpose including but not limited to obtaining unauthorised access to the Service. Any violation of the Service or security may result in civil or criminal liability. Where payments are required to purchase loans, Bolinda Digital uses third party merchant facility providers to facilitate payments for the Service. Charges will be specified and you will be given an opportunity to approve transactions before they occur. Sales tax will be charged according to law and at the time that your transaction is completed. 9. Consent to gathering of information In order to provide the Service, Bolinda Digital gathers information on all users and requires access to information held by your library. By using the Service, you consent to your library providing to Bolinda Digital all your information upon Bolinda Digital's request without prior notice to you. Bolinda Digital may also store and use information on your borrowing history to make recommendations that Bolinda Digital believes may be of interest to you. Bolinda Digital agrees that it will not request your information from your library except for purposes permitted under this Agreement. 10. Limitation of downloads Bolinda Digital may limit your use of the Service to a particular number of downloads for a specific period, depending on the terms of its agreement with your library. The limitations, number of downloads and period duration are subject to change at any time without notice. Your use of the Service may also be limited or terminated if you breach this Agreement. 11. Uploading and posting information The Service may allow you to interact with or submit or post information, reviews, materials, links to third parties accessible and viewable by other users. You represent and agree that any use by you including any information or materials or links submitted or posted by you will be your sole responsibility and will not violate or infringe the rights of any party or breach any laws, contribute or encourage infringement or otherwise unlawful conduct or obscene objectionable material and that you have obtained all necessary rights, licenses or clearances. You also agree to provide complete, accurate information in connection with your submission or posting of information or materials on the Service. Bolinda Digital reserves the right to not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. 12. Intellectual Property You agree that the Service including but not limited to Products, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Service, contains proprietary information that is owned by Bolinda Digital and/or its licensors and is protected by applicable intellectual property laws and other laws, including but not limited to copyright. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner and you will not exploit the Service in any unauthorised way whatsoever. All copyright in and to the Service including but not limited to the compilation of content, postings, links to other resources or Internet resources and software are owned by Bolinda Digital and/or its licensors. Bolinda Digital reserves all its rights at law or in equity. Any infringement of the intellectual property rights of Bolinda Digital may subject you to civil and criminal penalties including possible monetary damages. Any trade marks, service marks or graphics and logos used in connection with the Service are owned by or registered in the name of Bolinda Digital. You must not use or copy any trade marks, logos or graphics in any way whatsoever. Bolinda Digital may provide you with limited access to download certain album cover art for eAudiobooks, subject to availability. Bolinda Digital does not warrant or endorse and does not assume and will not have any liability or responsibility for album art cover or your use of that cover art. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any third party. 13. Termination If you fail or Bolinda Digital suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Bolinda Digital with a valid credit card or with accurate and complete account registration, violation of the usage rules or any license to the software or infringement or other violation of third party rights, Bolinda Digital at its sole discretion and without notice to you may terminate this Agreement and/or your Account and you will remain liable for all amounts due under your account to and including the date of termination and/or Bolinda Digital will terminate the license to the software and/or prevent access to the Service. Bolinda Digital reserves the right to change, modify, suspend or discontinue the Service at any time with or without notice to you. Bolinda Digital will not be liable to you or to any third party should it choose to exercise those rights. Bolinda Digital reserves the right to take any appropriate steps it believes to be necessary to enforce and/verify compliance with any part of this Agreement - including Bolinda Digital's right to cooperate with any legal process relating to your use of the Service and or the Products or that your use of the Service and/Products infringes the rights of third parties. You agree that Bolinda Digital has the right to disclose any account information or data to law enforcement authorities, government official or third parties to your use of the Service and/or Products is unlawful and/or infringes a third parties rights. 14. Disclaimer and Limitation of Liability Bolinda Digital does not guarantee, represent or warrant that your use of the Service will be uninterrupted, delay-free or error free, and you agree that from time to time Bolinda Digital may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. Bolinda Digital is also not responsible for technical failures or any failures resulting from actions of its third party content providers and technical service providers. In no case will Bolinda Digital, its directors, officers, employees, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages (including any damage caused to equipment, computers or portable media players) arising out of your use of the Service or for any other claim related in any way to your use of the Service, including but not limited to loss or damage of any kind as a result of the use of any content transmitted or otherwise made available to you via the Service, even if advised of the possibility. Bolinda Digital does not represent or guarantee that the Service will be free from loss, corruption, viruses, interference, hacking or other security intrusion. Bolinda Digital disclaims any liability relating to security intrusions. Bolinda Digital does not represent or guarantee that files downloaded using the Service can be played or accessed using your equipment, that such files are complete, audible or legible or that they confirm with the descriptions on the website. While Bolinda Digital will take all reasonable precautions to protect information submitted by you, it is not liable for any loss of information, whether such loss occurs due to unauthorised access to records or hacking or due to security breaches of third party credit card merchant facility providers. By using the Service, you agree to indemnify and hold Bolinda Digital, its directors, employees, agents and licensors harmless with respect to any claim arising out of your breach of this Agreement, your use of the Service or any action taken by Bolinda Digital as a part of its investigation of a suspected violation of this Agreement, or as a result of finding that a violation has occured. This means you cannot sue Bolinda Digital, its directors, employees, agents and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, suspend or terminate your access to the Service. 15. Bolinda Digital may make changes Bolinda Digital reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify this Agreement and to impose new or additional rules to your use of the Service. All updates, revisions, modifications and new rules will be effective immediately and incorporated into this Agreement. Your continued use of the Service following changes to this Agreement are deemed to constitute your acceptance of any new and additional terms to the Agreement. No Bolinda Digital employee or affiliate library has the authority to vary any of the terms in this Agreement. 16. Victorian law applies The laws of the State of Victoria, Australia govern this Agreement and your use of the Service. You agree that the exclusive jurisdiction for any claim or dispute with Bolinda Digital or your use of the Service resides in the applicable courts of the State of Victoria, Australia. BorrowBox Privacy Policy Bolinda Digital is the provider of this online library service to your library. We provide eMedia, such as eAudiobooks, and make them available for you to borrow and enjoy via this online library service. This Privacy Notice governs the collection, use, and disclosure of personal information that may be collected by Bolinda Digital anytime you interact with the online library service. By using the service, you are accepting the practices described in this Privacy Notice. So please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, and how we safeguard your personal information. Your privacy is a priority at Bolinda Digital, and we go to great lengths to protect it. Why do we collect personal information? We collect personal information because it helps us deliver a superior level of customer service. Your personal information helps us keep you posted on the latest eAudiobook releases, online library service updates, special offers, and other relevant information you might like to hear about. Also, via the choices you make and the feedback you may provide, we learn ways to improve our service and its delivery. What personal information do we gather? Information you give to us: We receive and store any information you enter on our website or give us in any other way. Examples include your sign in and personal details. We use the information that you provide for such purposes as responding to your requests, customising future borrowing for you, and keeping you updated on new releases and services. You can choose not to provide certain information, but then many of our service features will not be available to you. Automatically: We receive and store certain types of information whenever you interact with us. For example, like many other websites, we use cookies. How do we use cookies? Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and store information between visits. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. If you block cookies, it may prevent the delivery of the complete service to you. Do we share information with third parties? We do not sell information to third parties and we do not provide information to third parties for the purposes of marketing products to you. We share information only with referring libraries, content providers, third party service providers and security monitoring agents. We provide information only for the following purposes: 1. To ensure compliance with the Terms and Conditions of using the Bolinda Digital Service. 2. To assist with the provision of technical and credit card facility services to you. Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the protections in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). If Bolinda Digital Pty Ltd is acquired, customer information will be one of the transferred assets. However, if you are using the Bolinda Digital Service through a community library, the information supplied by the library will not be part of the transferable business assets. Protection of Bolinda Digital and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Bolinda Digital, our content providers, our users, or others. This includes exchanging information with other companies and organisations for copyright infringement, fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. How secure is information about me? We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you have finished using a shared computer. What information can I access? You can update your information at any time by clicking on "My Account". You are entitled to request that we provide you with a copy of all information we store in relation to your account. What choices do I have? You can always choose not to provide information. If the information is needed for a transaction - such as to borrow an eAudiobook - then the transaction will not proceed. You can add or update certain information on pages such as "My Account". When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of BorrowBox. You will need to agree to changes to proceed). Are children allowed to use BorrowBox? Yes, but children must review this Privacy Policy and the Bolinda Digital Terms and Conditions with a parent or guardian before agreeing to make sure that they and their parent or guardian understand their legal rights and obligations. Conditions of Use, Notices, and Revisions If you choose to visit BorrowBox, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Victoria, Australia. If you have any concern about privacy at Bolinda Digital, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Information you give us You provide most such information when you search, borrow, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a title; borrow a title; buy a title; provide information in your My Account; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; provide employer information when opening a corporate account; participate in discussion boards or other community features; provide and rate reviews; and specify a special occasion reminder. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; content of reviews and e-mails to us; personal description and photograph in your profile; and financial information. Automatic information Examples of the information we collect and analyse include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; borrowing and purchase records; the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time; cookie number. We may also use browser data such as cookies. During some visits we may use cookies to measure and collect session information, including page response times and length of visits to certain pages. Information from other sources Examples of information we receive from other sources include ID and password information from client libraries or other third parties, which we use to correct our records; and account information. We obtain further detailed information from libraries only if there has been a breach of copyright or other laws. Information you can access Examples of information you can access easily on BorrowBox include up-to-date information regarding recent titles accessed or borrowed; personally identifiable information (including name, e-mail, password and communications preferences); payment settings (including credit card information); e-mail notification settings; and recommendations. Adobe General Terms of Use Last updated April 1, 2017. Replaces the prior version in its entirety. These terms govern your use of our website or services such as the Creative Cloud (collectively, “Services”) and software that we include as part of the Services, including any applications, Content Files (defined below), scripts, instruction sets, and any related documentation (collectively “Software”). By using the Services or Software, you agree to these terms. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement controls where it conflicts with these terms. As discussed more in Section 3 below, you retain all rights and ownership you have in your content that you make available through the Services. 1. How this Agreement Works. 1.1 Choice of Law. If you reside in North America, your relationship is with Adobe Systems Incorporated, a United States company, and the Services and Software are governed by the law of California, U.S.A. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and the Services and Software are governed by the law of Ireland. For customers in Australia, Adobe Systems Software Ireland Limited is acting as an authorized agent of Adobe Systems Pty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law. 1.2 Eligibility. You may only use the Services if you are over 13 years old. 1.3 Privacy. The Privacy Policy at http://www.adobe.com/go/privacy governs any personal information you provide to us. By using the Services or Software you agree to the terms of the Privacy Policy. 1.4 Desktop Application Usage Data. You have the option to share information with Adobe about how you use our desktop applications. This option is turned on by default. This information is associated with your Adobe account and allows us to provide you with a more personalized experience, and helps us improve product quality and features. You can change your preference any time on your Adobe Account Management page. To learn more about desktop application usage data, go to http://www.adobe.com/go/app_usage_FAQ 1.5 Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages. 1.6 Additional Terms. Some Services or Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Software, SDK, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time. Acrobat.com Adobe Stock Contributor CS6 Software Fuse Typekit Adobe Creative SDK Behance Demo Assets Project 1324 Adobe Sign Business Catalyst Document Cloud PhoneGap Build Adobe Stock CC 2013 Software EchoSign Software included as part of the Services 1.7 Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software. 1.8 Modification. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid. 2. Use of Service. 2.1 License. Subject to your compliance with these terms and the law, you may access and use the Services. 2.2 Adobe Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms. 2.3 Storage. When the Services provide storage, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. 2.4 User-Generated Content. We may host user-generated content from our users. If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the “Report” button to report the content to us. 2.5 Content Files. “Content Files” means Adobe-provided sample files such as stock images or sounds. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files. 2.6 Other License Types. (a) NFR Version. We may designate the Software or Services as “trial”, “evaluation”, “not for resale”, or other similar designation (“NFR Version”). You may install and use the NFR Version only during the period and only for the purposes that we have stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for anything other than non-commercial purposes. (b) Pre-release Version. We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version (“Pre-release Version”). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section. (c) Education Version. If we designate the Software or Service as for use by educational users(“Educational Version”), then you may only use the Educational Version if you meet the eligibility requirements stated at http://www.adobe.com/go/edu_purchasing. You may install and use Educational Version only in the country where you are qualified as an educational user. If you reside in the European Economic Area, then the word “country” in the sentence preceding this one means the European Economic Area. 3. Your Content. 3.1 Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content. 3.2 Licenses to Your Content in Order to Operate the Services. We require certain licenses from you to your content to operate and enable the Services. When you upload content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). This license is only for the purpose of operating or improving the Services. 3.3 Our Access. We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms. Our automated systems may analyze your content using techniques such as machine learning. This analysis might occur as the content is sent, received, or when it is stored. From this analysis, we are able to improve the Services. To learn more about the machine learning we do, go to http://www.adobe.com/go/machine_learning. 3.4 Sharing Your Content. (a) Sharing. Some Services may provide features that allow you to Share your content with other users or to make it public. “Share” means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share. (b) Level of Access. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It’s your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content. (c) Comments. The Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us. 3.5 Termination of License. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups. 3.6 Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. 3.7 Selling Your Content. We may allow you to license your content to other users through our Services. If available, you may choose to license your content through us under a separate agreement or directly to other users under an agreement between you and the buyer. 4. Account Information. You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services. 5. User Conduct. 5.1 Responsible Use. The Adobe communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly. 5.2 Misuse. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not: (a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content; (b) enable or allow others to use the Service, Software, or content using your account information; (c) use the content or Software included in the Services to construct any kind of database; (d) access or attempt to access the Services by any means other than the interface we provided or authorized; (e) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (f) share content or engage in behavior that violates anyone’s Intellectual Property Right (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.); (g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful; (h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (i) attempt to disable, impair, or destroy the Services, software, or hardware; (j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way), (k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages; (l) place advertisement of any products or services in the Services except with our prior written approval; (m) use any data mining or similar data gathering and extraction methods in connection with the Services; or (n) violate applicable law. 6. Fees and Payment. 6.1 Taxes and Third-Party Fees. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Adobe entity that you are transacting with (i.e. Adobe Systems Incorporated for North American customers and Adobe Systems Software Ireland Limited for customers in all other countries), your payments will be made to a foreign entity. 6.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. 7. Your Warranty and Indemnification Obligations. 7.1 Warranty. By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms. 7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms. 8. Disclaimers of Warranties. 8.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected. 8.2 We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software. 9. Limitation of Liability. 9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees’) intentional misconduct, or for death or personal injury. 9.2 Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy. 9.3 The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law. 10. Termination. 10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. 10.2 Termination by Us. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if: (a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms); (b) you fail to make the timely payment of fees for the Software or the Services, if any; (c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful); (d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or (e) there has been an extended period of inactivity in your free account. 10.3 Termination by Group Administrator. Group administrators for a Service such as “Creative Cloud for team” may terminate a user’s access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access content that you or other users of the group have shared on a shared workspace within that Service. 10.4 Survival. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice. 11. Investigations. 11.1 Screening. We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). 11.2 Disclosure. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public. 12. Export Control Laws. The Software, Services, content, and your use of the Software, Services, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations. 13. Dispute Resolution. 13.1 Process. For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Adobe must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. 13.2 Rules. If you reside in the Americas, JAMS will administrate the arbitration in Santa Clara County, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties. 13.3 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. 13.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 14. Compliance with Licenses. If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification. 15. Modification. We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms. 16. Miscellaneous. 16.1 English Version. The English version of these terms will be the version used when interpreting or construing these terms. 16.2 Notice to Adobe. You may send the notices to us at the following address: Adobe Systems, 345 Park Avenue, San Jose, California 95110-2704, Attention: General Counsel. 16.3 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means. 16.4 Entire Agreement. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services. 16.5 Non-Assignment. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party. 16.6 Severability. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms. 16.7 No Waiver. Our failure to enforce or exercise any of these terms is not a waiver of that section. 17. DMCA. We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). You can learn more about Adobe's IP Takedown policies and practices here: http://www.adobe.com/legal/dmca.html. Adobe Systems Incorporated: 345 Park Avenue, San Jose, California 95110-2704 Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus, Saggart, Dublin 24 Adobe_General_Terms_of_Use-en_US-20170331_2200 Adobe Privacy Policy The Adobe Privacy Policy describes the privacy practices of Adobe’s apps and websites. If you are a resident of North America, your relationship is with Adobe Systems Incorporated, a United States company, and the laws of California and the laws of the United States apply. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, which is the controller with regard to your personal information collected by Adobe, and the laws of Ireland apply. Please note that in order to use our apps and websites, you authorize Adobe to transfer your personal information across national borders and to other countries where Adobe and its partners operate, including the United States. The privacy protections and rights of authorities to access your information in these countries may not be equivalent to those in your country. We will only transfer your personal information to these countries where permitted to do so by law and we will take steps intended to ensure that your personal information continues to receive appropriate protections. For more information, please see the section “Does Adobe transfer my personal information across national borders?” What does this privacy policy cover? What information does Adobe collect about me? How does Adobe use the information it collects about me? What are cookies and how does Adobe use them? Does Adobe share my personal information? Is my personal information displayed anywhere within Adobe's apps or websites? Is my personal information secure? Where does Adobe store my personal information? Does Adobe transfer my personal information across national borders? How can I review or update my personal information or close my Adobe ID account? Will Adobe market to me? What information is collected by companies using Adobe Marketing Cloud solutions? Will this privacy policy change? Who can I contact with questions or concerns? What does this privacy policy cover? This privacy policy describes the privacy practices of Adobe’s websites, as well as our desktop apps and mobile apps that include a link to this policy (in this policy, we refer to our desktop apps and mobile apps together as "apps"). Note that “websites” include web-based services such as Behance, as well as the web-based aspects of the Creative Cloud, Document Cloud, and other Adobe offerings. This privacy policy also applies to Adobe’s marketing and advertising practices. Additional privacy-related information is provided for certain Adobe apps and websites. Please also see the Adobe Terms of Use and any additional Terms of Use or Product License Agreements that may apply to the app or website you are using. Companies acquired by Adobe may operate under their own privacy policies (learn more). What information does Adobe collect about me? Adobe ID, registration, and customer support When you register to use an Adobe app or website, create an Adobe ID, or contact us for support or other offerings, Adobe collects information that identifies you. This includes information such as your name, company name, email address, or payment information. We may also sometimes collect other information that does not identify you, such as which types of apps you’re interested in. Some of this information is required and other information is optional. For student and teacher editions of our apps, information regarding your eligibility is required. To help keep our databases current and to provide you the most relevant content and experiences, we may combine information provided by you with information from other sources, in accordance with applicable law. For example, from these sources, we may learn about the size, industry, and other information about the company you work for. Adobe apps and websites We collect information about how you use our apps and websites, including when you use a desktop app feature that takes you online (such as a photo syncing feature). We may collect information sent by your browser or device to our servers whenever you visit an Adobe website or use an Adobe app. For example, your browser or device may tell us your IP address (which may tell us generally where you are located) and the type of browser and device you used. When you visit an Adobe website, your browser may also tell us information such as the page that led you to our website and, if applicable, the search terms you typed into a search engine that led you to our website. Adobe may collect information about how you use our websites and apps by using cookies and similar technologies, and our servers may collect similar information when you are logged in to the app or website. Depending on the app or website, this information may be anonymous (for example, see the Adobe Product Improvement Program) or it may be associated with you (for example, see the Desktop Usage Tracking FAQ). Learn more about: Information that specific Adobe apps or websites may collect Your privacy choices regarding how we use this information How Adobe uses cookies and similar technologies Also, we use automated systems to analyze your content using techniques such as machine learning in order to improve our apps and websites. This analysis may occur as the content is sent or received using an online feature of an Adobe app or website, or when the content is stored on Adobe servers. (Learn more or opt out) Adobe app activation and automatic updates When you activate your Adobe app or when you install updates to the app, we collect certain information about your device (including your IP address), the Adobe app, and your product serial number (learn more). Some of our apps include features that connect to our servers and offer you the ability to install updates to the app. We may keep track of information such as whether the update was successful or not. We may use the information collected through activation or app updates to validate your copy of the app and confirm that it is genuine and properly licensed. Adobe emails Emails we send you may include a technology (called a web beacon) that tells Adobe whether you have received or opened the email, or clicked a link in the email. If you do not want us to collect this information from Adobe marketing emails, you can opt out of receiving Adobe marketing emails. Adobe online advertising Adobe advertises online in a variety of ways, including displaying Adobe ads to you on other companies' websites and apps. We collect information such as which ads are displayed, which ads are clicked on, and on where the ad was displayed. Learn more about Adobe’s advertising practices. Buttons, tools, and content from other companies Adobe apps and websites may include buttons, tools, or content that link to other companies’ services (for example, a Facebook "Like" button). We may collect information about your use of these features. In addition, when you see or interact with these buttons, tools, or content, or view an Adobe web page or app containing them, some information from your browser may automatically be sent to the other company. Please read that company’s privacy policy for more information. Adobe social networking pages and social sign-on services Adobe has its own pages on many social networking sites (for example, the Adobe® Photoshop® team’s Facebook page). You may also be able to sign in to an Adobe app or website using a social networking account, such as a Facebook account. We may collect information when you interact with our social networking pages or use these sign-on features. Learn more about Adobe’s social networking practices. How does Adobe use the information it collects about me? Adobe uses the information we collect about you in a number of ways, such as: Providing you with the Adobe apps and websites for which you have registered, as well as any services, support, or information you have requested Better understanding how our websites and apps are being used so we can improve them and engage and retain users Using automated systems to analyze your content using techniques such as machine learning in order to improve our services. This analysis may occur as the content is sent, received, or when it is stored. (Learn more or opt out) Diagnosing problems in our apps and websites Tailoring a website, app, or Adobe ad to your likely interests Sending you business messages such as those related to payments or expiration of your subscription Sending you information about Adobe, new app releases, special offers, and similar information (learn more) Conducting market research about our customers, their interests, and the effectiveness of our marketing campaigns Reducing fraud, software piracy, and protecting you as well as Adobe As further described for a specific Adobe app or website Learn about your privacy choices regarding how we use your information. What are cookies and how does Adobe use them? As with most websites, Adobe uses cookies and similar technologies to make our websites work as well as to learn more about our users and their likely interests (learn more). Adobe websites may also use cookies and similar technologies from other companies that allow us to gather additional information to measure and improve the effectiveness of the Adobe Marketing Cloud advertising services. Does Adobe share my personal information? Adobe works with companies that help us run our business. These companies provide services such as delivering customer support, processing credit card payments, and sending emails on our behalf. In some cases, these companies have access to some of your personal information in order to provide services to you on our behalf. They are not permitted to use your information for their own purposes. Adobe may also share your personal information: When you agreed to the sharing Within the Adobe family of companies for purposes described in this privacy policy (see a list of Adobe entities and our acquired companies) With our resellers and other sales partners if you are a business customer and agreed to receive Adobe marketing communications. Note that we do not share personal information about consumers with third parties for their own marketing purposes unless the consumer agreed to that sharing. When we are required to provide information in response to a subpoena, court order, or other applicable law or legal process (learn more) When we have a good faith belief that the disclosure is necessary to prevent or respond to fraud, defend our apps or websites against attacks, or protect the property and safety of Adobe, our customers and users, or the public If we merge with or are acquired by another company, sell an Adobe website, app, or business unit, or if all or a substantial portion of our assets are acquired by another company. In those cases your information will likely be one of the assets that is transferred We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use the Adobe Marketing Cloud. Is my personal information displayed anywhere on Adobe’s websites or applications? There are several places within Adobe’s websites and apps that allow you to post comments, upload pictures, or submit content for others to see. Sometimes you can limit who can see what you share, but there are some places where what you share can be seen by the general public or other users of the app or website. Please be careful when you share your personal information. Do not share anything you wouldn’t want publicly known unless you are sure you are posting it within an app or website that allows you to control who sees what you post. Please note that when you post messages on certain user forums on our websites and app, your email address or name may be included and displayed with your message. To remove content you have shared on our websites and apps, please use the same app or website feature you used to share the content. If another user invites you to participate in shared viewing, editing, or commenting of content, you may be able to delete your contributions, but usually the user who invited you has full control. If you have questions or concerns about this, please contact us. Is my personal information secure? We understand that the security of your personal information is important. We provide reasonable administrative, technical, and physical security controls to protect your personal information. However, despite our efforts, no security controls are 100% effective and Adobe cannot ensure or warrant the security of your personal information. Where does Adobe store my personal information? Your personal information and files are stored on Adobe’s servers and the servers of companies we hire to provide services to us. Your personal information may be transferred across national borders because we have servers located worldwide and the companies we hire to help us run our business are located in different countries around the world. Does Adobe transfer my personal information across national borders? We may transfer your personal information across national borders to other countries in compliance with applicable laws. As mentioned above, if you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited (Adobe Ireland). For these individuals, when we transfer your personal information from the European Economic Area (EEA) to a non-EEA country, we do so using a variety of legal mechanisms including Standard Contractual Clauses, while also relying on your consent. If the content or data that you store on Adobe apps or websites contains the personal information of individuals from the EEA , you agree that you have the legal authority to transfer the personal information to Adobe, including the transfer to countries such as the United States where the privacy protections and rights of authorities to access personal data may not be equivalent to those in the EEA. The U.S. Department of Commerce continues to administer the U.S.-EU Safe Harbor program despite a European Court of Justice decision that invalidated Safe Harbor in October 2015. Adobe Systems Incorporated (our U.S. company) is retaining its Safe Harbor certification pending U.S. and EU government action on a replacement program. The information above applies to Adobe users that have agreed to the Adobe Privacy Policy. More information is available for our business customers that want to learn more about European data transfers. How can I review or update my personal information or close my Adobe ID account? Under the law of some countries, you may have the right to access the information Adobe holds about you, correct mistakes in that information, and to delete personal information that we no longer have business reasons for retaining. Many of our websites and apps allow you to edit your personal information by accessing the "my account," "my profile," or a similar feature of the app or website you are using. Likewise, you can delete files or photos you have stored in our websites and apps by logging in and using the deletion functions they make available. To request that we remove your email address from our marketing database, deactivate your Adobe ID account, or provide you a copy of your personal information, please email your request to privacy@adobe.com. Please note that we need to retain certain information about you for legal and internal business reasons, such as fraud prevention. We will retain your personal information for as long as necessary to provide you with the websites and apps you are eligible to use with your Adobe ID and as needed to comply with our legal obligations and enforce our agreements. Will Adobe market to me? The Adobe family of companies (see list of Adobe entities and our acquired companies) and companies we hire to help us market our websites and apps on our behalf may use your information to provide you with information and offers related to Adobe. We give you choices regarding our marketing practices. What information is collected by companies using Adobe Marketing Cloud solutions? Adobe Marketing Cloud solutions help our business customers personalize and improve the performance of their websites, apps, and marketing messages. For example, these customers may use Adobe Marketing Cloud solutions to collect and analyze information about how you use their websites (learn more). The data collected is stored on our computers for use by these business customers. Will this privacy policy change? Occasionally, we may change this privacy policy (or other documents in the Adobe Privacy Center) to allow Adobe to use or share your personal information in a different way. If we do, the links to the policy on our websites (which are generally found in the footer of the website) will indicate that the policy has been changed. For new users, the change will become effective upon posting. For existing users, if the change is significant, it will become effective 30 days after posting. We encourage you to periodically review the Adobe Privacy Center for the latest information on our privacy practices. Who can I contact with questions or concerns? If you have a privacy question or concern, please email us at privacy@adobe.com. STICKY TICKETS TERMS AND CONDITIONS OF USE, SALE AND PURCHASE By accessing www.stickytickets.com.au ("site"), listing goods and services for sale or purchasing the goods and services offered by Sticky Tickets Pty Ltd ("Sticky Tickets") on behalf of Sellers, Sellers and Users agree to be bound by the following terms and conditions ("Agreement"): VARIATION, TERMINATION AND INCLUSION By using the site, Sellers and Users confirm that they have the full power and authority to enter into and perform in accordance with the terms of this Agreement. Sellers and Users also agree that this Agreement is legal, valid and binding, and that its terms and conditions can be enforced. Sellers and Users understand that any breach of this Agreement may lead to termination of the Agreement and further action, including legal proceedings. Sticky Tickets may change the terms in this Agreement as deemed necessary by Sticky Tickets. When the terms are changed, Sticky Tickets will post notice on the front page of the site regarding the change. Sellers and Users agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Sticky Tickets and discontinue your use of the site. If you use the website after Sticky Tickets has posted a change to these terms on the website, you are agreeing to be bound by all of the changes. This Agreement must be read in conjunction with the Live Performance Australia Code of Practice and is taken to include its terms to the extent that those terms are not inconsistent with the terms of this Agreement. SALE All tickets are sold by Sticky Tickets as agent for the Seller responsible for the event. Any claims by Users arising from a purchase of tickets are solely against the Seller. All tickets are sold subject to the terms and conditions imposed by the Seller. Users must rely on their own enquiries to ascertain those terms and conditions, if any, before purchase. Seller’s terms and conditions may include terms regarding admission, smoking, children, alcohol, dress standards and other issues. Sticky Tickets accepts no liability to Sellers or Users for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the site or its content. While Sticky Tickets attempts to ensure the accuracy of information provided on the site, Sticky Tickets does not guarantee the accuracy of information, the suitability of products, or anything else. The Sticky Tickets website, and all other goods and services produced or supplied by Sticky Tickets come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Users must rely on their own enquiries as to the accuracy of information provided on the site, including but not limited to venue, performing artists, program, seating arrangements and audience capacity. Adequate time must be allowed for delivery of tickets. If collection of tickets is proposed, it is the User’s responsibility to arrange collection prior to the event. Sticky Tickets makes no warranty or representations regarding any company, individual, website or organisation mentioned on the site, any links from the website, or the seller of goods or services offered through the site. LEGAL FORUM AND CHOICE OF LAW By doing business with Sticky Tickets (accessing the site or purchasing the Products & Services offered by Sticky Tickets) Users and Sellers agree that: they have entered a contract in Sydney, New South Wales, Australia; and that this contract shall be governed by the law of New South Wales; and that the appropriate legal forum for any action arising out of this Agreement shall be a Court sitting in Sydney, New South Wales Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of New South Wales. In addition to complying with all restrictions on conduct and content, Sellers and Users are responsible for adhering to all local and national laws that pertain to their location, wherever they are. COPYRIGHT AND TRADEMARK INFRINGMENT Sticky Tickets owns all content on this website. Any use of any portion of the website will be an infringement of Sticky Tickets copyright and trademarks. All Sellers and Users agree that they will be liable for any unauthorised use of Sticky Tickets copyrights and trademarks. Sellers uploading content to Sticky Tickets retain copyright in the content. Sellers grant Sticky Tickets the right to publish that content on the site. PRIVACY POLICY Please refer to the Sticky Tickets’ Privacy Policy (available on the site) for details on Users and Sellers personally identifiable information. REFUND AND RESALE POLICY Sticky Tickets maintains a strict no refunds policy except as set out in the LPA Code of Practice. Sticky Tickets will, in event of a refund, retain any fee charged to the extent permitted by law. Sticky Tickets reserves the right to charge a fee for replacement of tickets, or alternatively decline to provide replacement tickets. Tickets that are resold or assigned may not be honoured. Tickets that are resold for a premium, or used for advertising, promotion or any commercial purpose without the written consent of Sticky Tickets and the seller will be cancelled without refund, and the bearer refused admission. PAYMENT Payment for goods and services purchased from Sticky Tickets is by way an internet secure payment system sourced from a third party. Please refer to terms and conditions of the third party for particulars regarding the transaction. All prices are inclusive of GST unless otherwise stated. A Tax invoice for purchases will be automatically provided. MISCELLANEOUS Each party to this Agreement shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, failure or delay in transportation, act of any government affecting the terms of this Agreement, accident, fire, explosion, flood, severe weather or other act of God. This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right. Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. Sticky Tickets may at its discretion suspend or terminate operation of the site for maintenance or other reasons. In addition, technical and other issues may make the Sticky Tickets site unavailable from time to time. Sticky Tickets makes no commitment, warranty or guarantee that the site will operate in a timely, uninterrupted or error-free manner, or that the site will meet Sellers’s or User’s purposes. Sticky Tickets may also in its discretion modify the features, availability, operation and/or look and feel of the site from time to time without notice to our users. All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination. If any part of this Agreement is unenforceable, the unenforceable part shall be severed to the extent that it is unenforceable, and the remainder enforced to its full effect. If you have any queries contact Sticky Tickets at legal@stickytickets.com.au, or by addressing a letter to Sticky Tickets, 119 Willoughby Road, Crows Nest, NSW, Australia, 2065. Queensland Government Privacy Policy Privacy The Queensland Government manages personal information in line with the Information Privacy Act 2009 (PDF, 836KB). We collect and manage your personal information as described on this page, unless stated otherwise. 'Personal information' may include your name, address, phone number, email address, age, gender, your employer, and your position title. Information we may request We may ask you to provide personal information if you submit feedback to this site. We will only do this: to meet your needs (e.g. answer a question) to meet our needs (e.g. demographic analysis) if required by law. Use and disclosure of personal information We will not add you to a mailing list, or give your personal information to third parties without your consent, unless required by law. Emails Our privacy principles apply to emails as well. Our internet service provider or information technology staff may monitor email traffic for system trouble shooting and maintenance purposes only Cookies We use cookies to collect anonymous statistical information, including: your browser, computer platform and screen resolution your traffic patterns through our site, such as: the date and time of your visit the pages and documents accessed the website you visited before ours your server address. We do not identify users or any browser activity outside this website, except in the unlikely event of an investigation, where a law enforcement agency may have a warrant to inspect activity logs. Transactional services available from this site may use cookies to track business processes. Please read the particular service's privacy and security statement before beginning a transaction. Security Parts of this site transmit information securely across the internet. However this is not always feasible. We recognise that there may be risks transmitting information across the internet. We will notify you where personal information is not transmitted securely. Where this site contains links to other Queensland Government agencies’ websites, the privacy or security terms set out there will apply to the material on the websites. Where this site contains links to non-Queensland Government websites, the Queensland Government is not responsible for the privacy or security practices or the content of any such websites. More information Email us if you would like to know more about information privacy. Specsavers Privacy Policy ANZ We respect your personal information and your privacy is important to us. Specsavers is committed to maintaining the highest standards to protect your personal information. In order to provide you with the best service we may ask you to provide us with personal information from time to time. This Privacy Policy explains how we collect, use, store, disclose and protect your personal information in Australia and New Zealand. In this Privacy Policy, all references to “Specsavers”, “we”, “our” and “us” means Specsavers Pty Ltd (ACN 097 147 932) and Specsavers New Zealand Limited (CN 2116682) and their subsidiaries, their holding companies or subsidiaries of such holding companies. All information which is held by Specsavers is governed by the latest version of this Privacy Policy at all times. Specsavers may change this Privacy Policy at any time without notice. We encourage you to check our Privacy Policy regularly so that you are aware of any changes. This Privacy Policy also applies to all employees and contractors of Specsavers in relation to the collection, storage, use and disclosure of personal information in the workplace. Operation of our Policy You will be made aware when any personal information is required that may allow Specsavers to identify or contact you. Personal information will usually be requested when you register for a particular service or competition. By consenting, either expressly or impliedly, to Specsavers processing your personal information, you will be deemed to have read and accepted the terms of this Privacy Policy. Specsavers will not process your personal information, unless it has your actual or deemed consent. Your personal information will only be used in accordance with this Privacy Policy. You are free at any time to opt out of receiving information from Specsavers at the end of each communication. We comply with the law Specsavers is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) in Australia. Specsavers is also bound by the Privacy Act 1993 and the Health Information Privacy Code 1994 in New Zealand. This Privacy Policy sets out Specsavers’ practices in relation to the collection, use, disclosure and handling of personal information in both Australia and New Zealand. In Australia the APP’s do not apply to employee records. What person information does Specsavers hold? The personal information that Specsavers may collect and hold includes (but is not limited to): full name contact details (mailing address, street address, email address, phone number and/or facsimile number) date of birth your lifestyle, occupation and hobbies health fund details your employer details of the services or products you have purchased or enquired about (including any additional information necessary to deliver the product or provide you with the service and respond to your enquiries, including but not limited to your prescription details and medical history). For Specsavers employees, personal information is collected for employment purposes at the time of appointment and during employment, including CVs, payroll information, performance agreements, and records of any disciplinary process. For certain services, Specsavers is required to collect your name, address and date of birth as part of our legal and regulatory obligations, including under the Health Practitioner Regulation Nation Law as enacted in each state and territory of Australia. Some personal information we collect is “sensitive information”. Sensitive information includes health information. Sensitive information will be used and disclosed only for the purpose for which it was provided, or a directly related secondary purpose, unless you agree otherwise, or where certain other limited circumstances apply (for example, where required by law). How does Specsavers collect personal information? Specsavers will collect personal information directly from you unless it is not reasonably practicable to do so. We will only ask you to provide information that is relevant to the service or product that you have requested or to enable us to respond to your enquiry. We may collect personal information from you in various ways including: when you visit a Specsavers Store for an eye test or to purchase products including sunglasses, frames, lenses or contact lenses) and other associated products and services; when you attend a vision screening organised by Specsavers at a public or industry event or a vision screening organised by your employer; when you visit a Specsavers store or our website or indirectly through the use of our website or online presences, through our representatives or otherwise; when you book an eye test or make an enquiry over the phone, through our website or other electronic means; when you enter our competitions and trade promotions; when you register on our website; when you apply for a job with us, our suppliers or contractors; when you provide customer feedback surveys, lodge a complaint and communicate with our Central Support Team; when authorised people provide us with your personal information on your behalf Your personal information may also be collected on occasions through third parties including: from employment recruitment agencies; from health funds or Government agency (in order to receive advice about your eligibility to rebates on Specsavers’ eyecare services and eyewear products); from third party optometry practices which have been converted to Specsavers Stores; from other optometrists and health practitioners (with your consent); Information collected from visitors to our website (including via mobile access) When you use our website, Specsavers may collect information about our website users collectively, which may include data about your location (i.e. city and country), internet browser type, language, operating system, service provider, screen resolution and whether you are visiting for the first time or revisiting our website. This data is anonymously collected and only used in aggregate, and as such no identifying information is collected. Specsavers uses this information to help improve our website and its usability and to help us determine what is most beneficial to our users so that we can provide you with the best possible experience. Our use of cookies In order to measure the success of our on-line advertising we use pixels, or transparent GIF files, to establish which of our online adverts successfully bring people to our website. The GIF files are provided by third parties who provide us with online advertising analysis. This system places a cookie on your browser when you enter our website via online advertisements allowing us to see which online advertisements bring us the most visitors to our website. The information collected on our behalf is anonymous and does not personally identify you. The information does not contain your name, address, telephone number or your e-mail address. Most web browsers automatically accept cookies but you can change your browser to reject them. Even without a cookie you can still use our website. If you would like to know how to opt-out of the technologies mentioned above please go to www.doubleclick.net/us/corporate/privacy. How might Specsavers use the personal information they collect? Specsavers may use the personal information collected from you for a number of purposes connected with our business including: providing products and services you have requested; responding to your requests or enquiries and other customer care related activities; evaluating, developing and enhancing our websites and our services; conducting website and system administration, such as for the technical support of our websites and computer systems; undertaking direct marketing such as providing information to you about special offers, promotions, products or services that we think may be of interest to you or conducting market research surveys including by mail, email, SMS or other forms of communication. When we send you direct marketing materials about our products and services, you will be able to unsubscribe from them; advising you of an upcoming eye examination appointment; advising you of the requirement for a future eye examination; carrying out any activity in connection with a legal or regulatory requirement or in connection with legal proceedings; carrying out activities connected with the running of our business and in connection with the transfer of any part of our business in respect of which you are a customer or potential customer; for general administrative and business purposes; If you choose not to provide us with the information we ask for, we may not be able to perform these functions or to provide the requested goods or services.. From time to time we may use the information you give us for marketing purposes (for example to develop or promote complimentary products or services for visitors to our website). We are continually developing products and services based on information and feedback we receive from visitors to our website and we may share these with you. Other than as required by law, or as set out in this Privacy Policy, we will not disclose information about you to any third party without your permission. Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. Anonymity/Pseudonym Where possible, Specsavers will give you the option of not identifying yourself or of using a pseudonym. Specsavers may not always be able to interact with you in this manner, especially where it is required by law to identify you before providing certain information. In general Specsavers will not be able to assist you anonymously or where you are using a pseudonym when: it is impractical or where we are required or authorised by law or a court/tribunal order to deal with you personally How might Specsavers disclose personal information? There may be times when we need to disclose your personal information to third parties (some of which may be based outside of New Zealand or Australia). Specsavers shall take such steps as are reasonable in the circumstances to ensure the information is de-identified prior to disclosure. Specsavers will only disclose your information to: persons to whom we may be required to pass your information by law including regulatory bodies; persons assisting Specsavers to protect and defend the rights of Specsavers, the interests and personal safety of users of specsavers.com.au and specsavers.co.nz, customers of Specsavers or members of the public; anyone who assists us to process your information including our group companies in Guernsey, the Republic of Ireland or the United Kingdom. There are also Privacy (Data Protection) laws in force in these jurisdictions (not the same as in Australia or New Zealand but in our opinion substantially similar) which protect your personal information. We value your personal information and work closely with our overseas offices to safeguard the privacy of any shared information; service providers such as organisations who provide data processing, customer satisfaction surveys, printing and fulfilment operations who may be located in the United Kingdom, Republic of Ireland, Guernsey, Norway, the United States and/or India,; entities for whom we are acting as an agent, partner and our affiliated group companies British Isles, Republic of Ireland and Guernsey; anyone authorised by the individual to whom the personal information relates to; and to another company, in the event that Specsavers or a related asset or line of business is acquired by or transferred to that other company; our group companies including those outside of Australia and New Zealand for processing. Such companies may be located in British Isles, Republic of Ireland and Guernsey; and companies who are franchisees of Specsavers but are not subsidiaries or group companies of the Specsavers group. The countries to which we may transfer your information include the British Isles, Republic of Ireland, Guernsey, Norway, the United States and/or India, for processing. If you are accessing our website from a country outside of Australia or New Zealand your information may be transferred outside of Australia or New Zealand to that country. If we transfer your information outside of Australia or New Zealand in this way, we will take reasonable steps to ensure that your privacy continues to be protected in a manner which is consistent with the laws of Australia and New Zealand. Youroptometrist from your local Specsavers store, with your consent, may refer you to an eye doctor or specialist and forward relevant information to that medical practitioner about your particular condition (this may include your health information). Except as set out in this Privacy Policy, Specsavers will only disclose personal information with your permission or as required or allowed to do so by law. Management and security of personal information Specsavers has security safeguards and procedures in place to ensure that the personal information we collect is stored in a secure environment protected from unauthorised access, modification or disclosure. Although we take reasonable steps to maintain the security of our internet connections, for reasons outside of our control, information transmitted to us over the internet may not be absolutely secure. Specsavers assumes no responsibility for disclosure of data due to errors in transmission. Whilst we will use our all reasonable endeavours to safeguard your person information we cannot guarantee that your personal information will be protected against unauthorised access, misuse or disclosure. We do not accept any liability for the improper actions of unauthorised third parties. Specsavers also assumes no responsibility or liability for third parties such as advertisers or other entities who utilise banner ads and links from our website. If you click through a banner ad or link and submit your information to an advertiser, you will be subject to the privacy policies of that party. Specsavers ensures that all employees and contractors are bound by a confidentiality agreement requiring that they do not use or disclose your personal information in a manner contrary to this Privacy Policy. We retain your personal information in line with relevant legislation and for as long as the information is relevant to our business purposes as set out above or until you request that we remove the information by contacting your local Specsavers store or our Privacy Officer. Specsavers has procedures in place to ensure that any document or record containing your personal or health information is disposed of in a manner that preserves your privacy. Disclaimer We take precautions to protect your personal information collected through specsavers.com.au and specsavers.co.nz but in the event that our system is infiltrated by unauthorised third parties we will not be liable for any resulting misuse of the personal information. Updating your personal information Specsavers endeavours to ensure that the personal information it holds about individuals is accurate, complete up-to-date and not misleading. Please contact your local Specsavers store or our Privacy Officer if the information we hold about you requires changing, or is out of date. If it is reasonable in the circumstances for us to do so, we will make the requested change or correction, otherwise we will take reasonable steps to record the substance of your change or correction request. Accessing personal information You will be able to access personal information that Specsavers holds about you if it can be readily retrieved, subject to some exceptions allowed by law. To request access to your personal information please contact your local Specsavers store or our Privacy Officer in writing. To the extent permitted by law Specsavers may charge a reasonable administrative fee associated with providing a copy of your personal information to you. How to contact the Privacy Officer If you would like to make an enquiry about this Privacy Policy or would like to make a request to access and update your personal information, or you believe that Specsavers has not adhered to this Privacy Policy at any time, please contact your local store or our Privacy Officer in writing and we shall use reasonable endeavours to correct any problem. In Australia Privacy Officer Specsavers Pty Ltd 520 Graham Street Port Melbourne, Victoria 3207, Australia Tel: +61 (03) 8645 0700 Fax: +61 (03) 9646 6050 Email: au.privacymatters@specsavers.com In New Zealand Privacy Officer Specsavers New Zealand Ltd 26A Triton Drive, Mairangi Bay, Auckland, New Zealand Tel: +64 9 475 5434 Fax: 64 9 475 5435 Email: nz.privacymatters@specsavers.com How to Complain If you feel we have failed to deal with your complaint in a satisfactory way you can make a complaint about the handling by Specsavers of your personal information to the Office of the Australian Information Commissioner (Australia) () or the Office of the Privacy Commissioner (New Zealand) (www.privacy.org.nz) For more information about privacy in general please contact the following: In Australia Office of the Australian Information Commissioner (OAIC) www.oaic.gov.au. In New Zealand Office of the Privacy Commissioner www.privacy.org.nz Last updated 8 July 2015 © Copyright Specsavers Optical Group Limited 2013. All rights reserved. RED 25 TERMS AND CONDITIONS By submitting this form, I authorise the Australian Red Cross Blood Service to display the nominated organisation name and any associated information regarding blood donations. I agree that the Blood Service may contact me regarding Red25. All information collected will only be used by the Australian Red Cross Blood Service. Providing your contact details allows us to communicate with you about the Blood Service. The Blood Service is bound by the Privacy Act 1988 CTH. The Blood Service respects and protects the privacy of its donors’ personal information by complying with the National Privacy Principles. Read the Blood Service Privacy Policy Blood Service Privacy Policy The Australian Red Cross Blood Service (Blood Service) is bound by the Privacy Act 1988 as well as other laws that impose obligations regarding personal and health information. The Blood Service is committed to protecting the privacy of personal and health information. This Privacy Policy details how your personal information is collected, used, stored and disclosed by the Blood Service and how you may contact us if you would like to access or correct your personal information. Why we collect information Personal information is collected and used by the Blood Service for the following purposes: to assess the eligibility of individuals to donate blood and to protect both donor health and safety and the safety and sufficiency of blood and blood products; to maintain contact with donors regarding past donations and for the purposes of future donations; for research, including research regarding and research for the purposes of therapeutic benefit blood transfusion and blood safety; to maintain contact with donors for the purposes of research, including market research, regarding blood donation and collection and participation in Blood Service activities; and to improve our processes. What information we collect and hold For the safety of both donors and the blood supply, the Blood Service needs to collect information about health, medical history, travel and certain high risk behaviours. The Blood Service will collect and hold the personal information supplied by you when you register or attend as a donor including in the donor interview, test results for each donation, details of any adverse events and any communication or correspondence with you. We will only collect your personal information from someone else if we have your consent, or if it is authorised or required by law, or if it is unreasonable or impracticable for us to collect that information from you. Disclosure of your information The Blood Service will only use or disclose your personal information for the primary purposes for which it was collected (as set out above) or for directly related secondary purposes which you would reasonably expect (or that we have told you) or as permitted or required by law. From time to time we may use or disclose aspects of your personal information for administrative processes such as risk management, education and training of staff, quality assurance activities and to monitor donor satisfaction. As a result, we, or someone we authorise, may contact you in the future to request your feedback about the Blood Service. If we provide your details to a third party acting on behalf of the Blood Service for these purposes, the third party will be subject to a confidentiality agreement and must only use your personal information for the purposes for which it was provided. In some instances it may be necessary for the Blood Service to release personal information relating to your donation to insurers and/or regulatory auditors. The insurers and auditors will be required to hold this information in confidence. The Blood Service will not sell your personal information. Access to information Individuals have a right to request access to their personal information and to request its correction. Should you wish to request any of the personal information we hold about you, please make a request to the Privacy Officer in your State or Territory using the form below. Proof of identity will be required to ensure information is only disclosed to the relevant person. Some information may not be immediately available but we will attempt to deal with requests promptly. Privacy request form If you believe any personal information we are holding is incorrect or incomplete please let us know by writing to the Privacy Officer in your State or Territory. Collection, use and disclosure of personal information through the Blood Service’s website You can access most parts of the Blood Service website and browse anonymously without providing your personal information or without being identified. However, some of the functions of the website may require you to provide certain personal information. When you email the Blood Service with a query, the Blood Service will collect the personal information you provide. Subject to any exceptions within the privacy legislation, the Blood Service will not use or disclose this information for any purpose other than to progress and respond to your query. Anonymity You can contact the Blood Service anonymously online or by calling 1300 606 833. Storage and Retention All information collected by the Blood Service is stored securely. All electronic records are stored in Australian Data Centres. Where information is stored by a third party, the Blood Service requires them to comply with the Privacy Act and our Privacy Policy. This compliance will be monitored by the Blood Service. The Blood Service is a national organisation and as such all donor information will be accessible to all our Donor Centres and Processing Centres in Australia, but only to those staff members whose job responsibilities require such access. Under Health Records and Therapeutic Goods Legislation in various States and Territories, we maintain blood donor records for as long as reasonably required for the purposes of the safety of donors and recipients. Making a complaint If you believe that your privacy has been infringed, please contact the Blood Service Privacy Officer in your State or Territory. If you are not satisfied with our response you can refer your complaint to the Australian Information Commissioner. Overseas Recipients The Blood Service will not disclose information to an overseas entity except in circumstances where it is a permitted Health Situation or is otherwise permitted under the Privacy Act 1988. Review This policy will be reviewed by the Blood Service every 2 years or more frequently if required by the Privacy Act or other relevant legislation. SofTest License Agreement This Exam Taker License Agreement (“Agreement”) is a legal agreement between you, the end user (hereinafter “Exam Taker”) and ExamSoft Worldwide, Inc., a Florida corporation (“ExamSoft”) concerning your limited use of ExamSoft’s software ( “SOFTWARE”). This Agreement affects your rights and you should read it carefully. We encourage you to retain a copy of this Agreement for your reference. BY CLICKING THE “I AGREE” BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, EXAM TAKER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, TERMINATION, AND ARBITRATION PROVISIONS BELOW. IF EXAM TAKER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, EXAM TAKER SHOULD NOT INSTALL OR USE THE SOFTWARE APPLICATION AND SHOULD EXIT NOW. 1. GRANT OF LICENSE: Unless otherwise agreed to in writing, ExamSoft hereby grants Exam Taker the non-exclusive, non-transferable right to use the SOFTWARE on a single computer until the expiration date displayed on SOFTWARE’S start window following registration. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. 2. UPGRADES: During the term of this Agreement, Exam Taker is entitled to any version-specific upgrades to the SOFTWARE. Full version upgrades may be provided to Exam Taker at the sole discretion of ExamSoft. 3. PROPRIETARY RIGHTS: Copyright. All title and copyrights in and to the SOFTWARE (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), the accompanying media and printed materials, and any copies of the SOFTWARE are owned by ExamSoft or its licensors. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, Exam Taker must treat the SOFTWARE like any other copyrighted material, subject to the provisions of this Agreement. Other Intellectual Property Rights. No license, right, title, or interest in any ExamSoft trademark, service mark, trade name, trade dress, patent, or design patent is granted hereunder. Exam Taker shall not remove, obliterate, or cancel from view any copyright, trademark, patent, or other proprietary rights notice appearing on or embedded in the SOFTWARE. 4. NON-PERMITTED USES: Unless enforcement of this provision is prohibited by applicable law, Exam Taker shall not modify, decompile, imitate, copy, emulate, translate, disassemble, decrypt, extract, or otherwise reverse engineer the SOFTWARE or attempt to create derivative works or disable any of the SOFTWARE’s licensing or control features. Exam Taker shall not attempt to circumvent, defeat, or disable any security feature of the SOFTWARE. Exam Taker shall not use SOFTWARE in a “Virtual Machine” environment (e.g., Virtual PC and VM Ware). Exam Taker is permitted to install and use the software on a dual-boot computer; however, Exam Taker must utilize the SOFTWARE on a single operating system. Exam Taker shall not re-boot the dual-boot computer to any operating system other than the operating system supporting the SOFTWARE at any time during the administration of any exam. Exam Taker may not allow concurrent use of the SOFTWARE or allow access to another person. Rights granted to Exam Taker may not be transferred, rented, or leased to others, nor may the Exam Taker grant a security interest in such rights to another. 5. NO WARRANTY: THIS SOFTWARE AND ANY ACCOMPANYING FILES ARE LICENSED TO EXAM TAKER “AS IS” AND WITH ALL FAULTS. EXAMSOFT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR RESULTS EXAM TAKER MAY OBTAIN USING THE SOFTWARE OR ACCOMPANYING FILES. EXAMSOFT AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MOREOVER, EXAMSOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY ISSUES ASSOCIATED WITH POST-EXAM ANSWER PROCESSING OR HANDLING, INCLUDING ANY IMPACT ON EXAM RESULTS. 6. LIMITATION OF LIABILITY: EXAM TAKER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE A DOLLAR AMOUNT UP TO THAT PORTION OF THE LICENSE FEE THAT RELATES DIRECTLY TO THE SOFTWARE LICENSE, EXCLUDING ANY PORTION OF SUCH LICENSE FEE THAT RELATES TO THIRD-PARTY OR ADMINISTRATIVE SERVICES (E.G., PRINTING, SITE SUPPORT). OTHER THAN AS DESCRIBED HEREIN, IN NO EVENT SHALL EXAMSOFT BE LIABLE FOR ANY CLAIM FOR ACTUAL OR DIRECT DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT. FURTHER, EXAMSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT. 7. COMPLIANCE WITH INSTRUCTIONS: Exam Taker agrees that the computer and operating system onto which the SOFTWARE is to be installed complies with the minimum system requirements for the SOFTWARE. Exam Taker further agrees to follow and perform all installation and use procedures in accordance with the instructions included with the SOFTWARE or provided by the exam administrator. ExamSoft reserves the right to update the version of SofTest available for use by Exam Taker at any time, including automatically updating Exam Taker’s installed version of SofTest. 8. INFORMATION GATHERED: For purposes of support, accountability, quality control, and exam-related assistance, Exam Taker hereby consents to ExamSoft’s collection of certain information (including, but not limited to, makes and models of computers used by Exam Taker, types and versions of software used by Exam Taker, security and software performance information, and software usage patterns), pursuant to its agreement with the administrator of the exam. Personally identifiable information, including Exam Taker’s exam questions and answers, will be kept confidential and shall be considered the property of the administrator of the exam, and any questions regarding its existence, details, or use should be directed to the administrator of the exam. 9. RELATIONSHIP: Other than the license granted to Exam Taker hereunder, which permits Exam Taker certain limited use of the SOFTWARE, there is no relationship or contract between ExamSoft and the Exam Taker. ExamSoft has no responsibility whatsoever to Exam Taker with regard to any exams or exam results, and all inquiries regarding the exam and exam results should be directed to the administrator of the exam. Exam Taker agrees that ExamSoft shall have no obligation to provide Exam Taker with any information concerning the SOFTWARE or any particular exam or answer thereto. 10. TERMINATION: Without prejudice to any other rights, ExamSoft may terminate this Agreement if Exam Taker fails to comply with the terms and conditions of this Agreement. In such event, Exam Taker must destroy all copies of the SOFTWARE and all of its component parts, and ExamSoft may suspend or deactivate Exam Taker’s use of the SOFTWARE without notice. Any activities of Exam Taker giving rise to the termination of Exam Taker’s use of SOFTWARE shall be reported to the respective exam administration authorities. 11. GOVERNING LAW AND ARBITRATION: Except as otherwise provided, any claim, demand, dispute or controversy of any kind or nature between the parties hereto arising out of or relating to this Agreement, its construction, interpretation, performance or alleged breach (any “Claim”) shall be governed by, and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Further, any Claim (except as discussed below) that is not otherwise settled by agreement of the parties shall be resolved by binding bi-lateral arbitration. ExamSoft does not consent to any class arbitration or representative arbitration proceeding. Licensee and ExamSoft waive any right to arbitrate any dispute or to pursue relief against the other in a class arbitration or other representative proceeding, and agree that each may bring claims against the other only in an individual capacity. Further, unless ExamSoft and Licensee agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any decision rendered in such arbitration is binding on each party, and judgment may be entered in any court of competent jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act. Any such arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Such arbitration shall be in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, which shall be deemed incorporated into this Agreement. Any arbitration shall be presided over by one arbitrator whose selection shall be governed by Rule 15 of the JAMS Rules referred to above. The parties shall maintain the confidential nature of the arbitration proceeding, filings, and award, except as necessary to confirm or vacate any arbitration award. Additionally, any dispute as to the scope or applicability of this agreement to arbitrate shall be determined exclusively by any state or federal court located in Dallas County, Texas. The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas for the purposes of such court actions or determinations. Except where prohibited by applicable law or by JAMS Rules or policy, in any arbitration arising out of or related to this Agreement, the prevailing party shall be entitled to its costs, expenses, and reasonable attorneys’ fees. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims or counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs, expenses, and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Notwithstanding any of the foregoing, the right to seek to confirm or vacate any arbitration award hereunder is preserved. Except where prohibited by applicable law or by JAMS Rules or policy, any such decision to confirm or vacate any arbitration award hereunder shall be determined exclusively by any state or federal court located in Dallas County, Texas. The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas, for the purposes of such actions. 12. SEVERABILITY: In the event that any provision of this Agreement is deemed unenforceable, invalid, or void, such provision shall be modified as little as possible to make it valid and enforceable, and the remainder of the Agreement shall remain in full force and effect. Terms of Use Adblock Plus We, eyeo GmbH, Lichtstrasse 25, 50825 Cologne, Gemany ("eyeo"; "we"), have developed the browser extension Adblock Plus ("ABP") which can be downloaded via at our website and other domains. ABP is a free extension that allows you to – among other things – customize your web experience. You can block annoying ads, disable tracking, block domains known to spread malware and lots more. It's available for all major browsers, including Chrome, Firefox, Internet Explorer, Maxthon, Opera, Safari and Yandex.Browser. ABP uses filters that you choose to block unwanted elements. What does that mean? ABP is provided free of charge to you as a user. However, we've reached a point where further Terms of Use, such as these, are necessary. This protects you and it protects us. These Terms of Use apply to your use of ABP. What do you mean "ABP is free to use?" ABP is an open source project, licensed under GPLv3, and can be used by anyone free of charge. The use of ABP is subject to the restrictions of the GPLv3. Non-permitted use of ABP Please note that some website owners may not permit ad-blocking users to view their website. That must be respected, especially in the following cases: You must not use ABP on websites where you have agreed not to use it, i.e. by agreeing to Terms of Services on the respective website, not to use any ad blockers. You are not permitted to use ABP in connection with any tools to circumvent technological measures that effectively control access to websites. What are Acceptable Ads? By default, nonintrusive ads aren't blocked when using ABP in order to support websites (learn more). You can disable this feature at any time by opting out (guideline how to disable Acceptable Ads). This does not affect ABP's functionalities. Within our Acceptable Ads program the following rules have and always will apply to everyone, without exception: Participants cannot pay to avoid the criteria. Every enabled ad must comply. For transparency, we add all Acceptable Ads to our forum so that our community of users can provide feedback. We listen to our users. If an Acceptable Ads proposal is flagged by our community for a legitimate reason, we will remove it from the whitelist. We are able to keep our open source product free by charging large entities a fee for whitelisting services. For the other roughly 90 percent of our partners, these services are offered free of charge. What if ABP does not work properly? ABP is provided "as is" and on an "as available" basis. Your use of ABP is at your own risk. eyeo makes no warranty or condition that ABP will meet your requirements or be uninterrupted, timely, secure or error-free: eyeo makes no warranty or condition that all ads will be blocked; in particular Acceptable Ads will be shown in ABP's default setting. You acknowledge and understand that the filters used may occasionally lead to blocked content. This is an unwanted side effect of some filters and cannot be completely avoided. ABP itself has no functionality; it does not block anything until you "tell" it what to block by adding external filter lists. Filter lists are essentially an extensive set of rules that tell ABP which elements of a website to block. eyeo has no influence on those filter lists. In the case that you detect any defect or incorrect blocking, including the blocking of content, inform us as soon as possible. Additional information This Terms of Use shall be governed by the laws of the Federal Republic of Germany. If you have no place of jurisdiction in Germany or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms of Use take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices. We reserve the right to amend and adapt these Terms of Use with effect for the future. You can request the currently applicable version of the Terms of Use from our legal department or access them on our website. You will be notified no later than one month before new Terms of Use take effect. If you do not object to the validity of the new Terms of Use within one month after they take effect, you will be deemed to have accepted the new Terms of Use. We will inform you separately in suitable form about the significance of the one month's notice period, your right to object and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties' main contractual obligations. Terms and Conditions The SBS website, including SBS On Demand, and related SBS applications made available on authorized third party platforms and devices (“Services”) are owned and operated by the Special Broadcasting Service Corporation ABN 91 314 398 574 (“SBS”). By using the Services, you agree to comply with the Terms of Service listed on this webpage and elsewhere within the Services (“Terms of Service”). You agree to comply with these Terms of Service when you contribute to SBS managed or branded third party social media platforms (for example, when you post content to an SBS managed Facebook page). When accessing an SBS managed space on a third party platform, you agree to comply with the terms of use specified by that platform, and acknowledge that the platform’s privacy policy applies to your use of such platform. You should check the terms of use and privacy policy of any third party platform prior to use. SBS may amend the Terms of Service from time to time without prior notice. Your continued access/use of the Service after such amendment constitutes acceptance of them by you. These Terms of Service may be supplemented by any specific terms for individual competitions or promotions that you may enter on the Services. 1. Children and young people The Services may contain content which may not be appropriate for children and young persons. The use of the Services by children and young people should be managed by their parents/guardians or an appropriate adult. Information about online safety resources is available from the Office of the Safety Commissioner (www.esafety.gov.au). 2. SBS Account You may be required to create an SBS Account in order to: contribute User Content (see section 6 below); access certain Material on the Services (including content on SBS On Demand and The World Game); and/or access certain online services provided by SBS, now or in the future. To create an SBS Account, you may be required to provide information such as your name, email address, and year of birth (collectively, “User Information”). You agree to provide accurate User Information and to keep such information up-to-date. Any personal information supplied to SBS in the registration process (including your name and email address) will be used and disclosed in accordance with SBS’s Privacy Policy. SBS may use your User Information (such as your name and email address) to let you know about upcoming SBS programs and other things SBS thinks may be of interest to you. If you do not wish to receive email communications from SBS, you can unsubscribe at any time by using the facilities provided (for example, by clicking the unsubscribe link in the footer of the email, or by logging into your account profile on the SBS Website and updating your email preferences in the “Newsletter” section of My SBS) SBS may refuse to accept your registration request and/or terminate your SBS Account at its sole discretion and without notice to you for any reason, including: your User Information is inaccurate; you use, or SBS considers that you are likely to use, your SBS Account to annoy or harass other users of the Services, breach any law or Terms of Service, or otherwise misuse the Services. You are responsible for maintaining the confidentiality of your User Information, and for all use and activity on your SBS Account including by any person who uses your User Information, with or without authorisation. If you believe that your account is no longer secure you must promptly update your User Information in My SBS and notify SBS. To delete your account, please email SBSOnDemandTeam@sbs.com.au or comments@sbs.com.au and request for your account to be deleted. 3. Use of the Services You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You must not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Services. You agree not to alter or tamper with any information or materials on, or associated with, the Services. 4. Intellectual Property All information, video, audio, artwork, graphics, text, copy, data, software, advertisements and other material included in the Services ("Material") is SBS’s or its licensor’s copyright material. All Material is protected in Australia by the Copyright Act 1968 and by applicable legislation in other jurisdictions. All rights not expressly granted by these Terms of Service are reserved. Material may not be reproduced, distributed, downloaded (except for temporary caching purposes for audio or video Material which is streamed), uploaded, modified, copied, adapted or communicated to the public in whole or in part. You may retrieve Material for personal, non-commercial purposes only. You must not: modify any Material without SBS’s written permission; remove any copyright, trade mark or other proprietary notices from the Material; directly or indirectly charge or obtain other consideration for others for accessing, viewing or listening to any Material, or attempt to commercialise or exploit the Material in any way; or engage in any activity which could mislead or deceive a person into believing that the Material is from a source other than the Services, including embedding, deep-linking or framing the Material without SBS’s consent. You may view Material through SBS On Demand in Australia only. SBS uses geoblocking technology to prevent access to such Material outside Australia. You may only view Material in geographic locations where we offer SBS On Demand service and have licensed such Material. You must not use any SBS Trade Mark without the prior written permission of SBS. SBS Trade Marks include the SBS name and logo, the NITV name and logo and any other registered or unregistered trade marks owned by SBS. Educational institutions and/or government may be permitted to copy publications, audio and/or audio-visual files in accordance with the Copyright Act 1968. For more information about educational statutory licences (Parts VA and VB), please contact Copyright Agency Limited (licence@copyright.com.au) or Screenrights (licensing@screenrights.org). 5. Advertisements and links to third party sites The Services may contain links to other third party websites, which are not within SBS’s control and are not endorsed by SBS. SBS makes no representations or warranties about the accuracy, appropriateness or completeness of content of any other website which may be accessed directly or indirectly through the Services. You acknowledge that you access third party websites at your own risk. The Services also contain advertisements which include links or refer you to third party websites. All third party advertisements are paid for by the relevant third party advertisers and are not recommendations or endorsements by SBS of the products and services advertised. Third party advertisements may contain representations or offers by advertisers which you can accept by clicking links to third party websites. Such offers are not made by SBS, and the third party advertiser is solely responsible to you for the content or privacy policy of any linked website, the security of your data or information, and delivery of any goods or services you purchase from that third party website. 6. User Content The Services, and pages managed by SBS on third party social media platforms, may contain opportunities for you to make contributions, including to blogs and forums (“User Content”). While SBS encourages robust debate and discussion, all users should treat each other with tolerance, courtesy and respect. SBS seeks to represent a range of perspectives on issues of public interest on the Services. However, User Content is created by members of the public and reflects their opinions. SBS does not endorse the opinions contained in User Content. By submitting User Content, you: grant to SBS a perpetual, royalty-free, non-exclusive, worldwide licence to use, copy, communicate, redistribute or adapt the User Content (and sublicense to any third party the same rights); confirm and warrant that User Content you post is your own original work and does not breach any law; and confirm and warrant that you have the consent to identify anyone who is identifiable in the User Content (including parental or guardian consent for any person under the age of 18). All User Content is published at SBS’s sole discretion, and SBS has ultimate editorial control over the Services. User Content may be edited, removed or not published for legal, editorial or other reasons including if SBS considers that User Content: is false or misleading breaches any law in any jurisdiction (including defamation, contempt of court, privacy, discrimination, harassment, and racial vilification); encourages, promotes or assists the commission of any illegal act; infringes intellectual property rights of SBS or a third person; is abusive, offensive, threatening, harassing, obscene or deliberately provocative to other users; is inappropriate, off-topic, repetitive, vexatious or in breach of any ‘house rules’ posted on the relevant site; invades the privacy of any person or discloses personal information; contains any links, advertising or marketing material or spam, is a solicitation for donations; or impersonates any person, group or entity. These Terms of Service are in addition to, and must be read in conjunction with the SBS Website User-Generated Content Guidelines. If you breach these Terms of Service, SBS may remove or ban you from the Services, and/or take any steps available to it under the terms or conditions or policies of a third party social media platform. You are legally responsible for the material you submit to the Services or to a social media platform, such as Facebook. SBS reserves the right to cooperate fully with any law enforcement authority in any jurisdiction regarding material which may breach any law, including a request to disclose your identity or other information. 7. Disclaimer The Services are provided on an “as is” and “as available” basis. SBS makes no claims and makes no representations as to the content or suitability of the information on the Services or for any other purpose. SBS does not warrant that the Services will be provided on an uninterrupted basis, that your access to the Services will be error-free or that the Material will be free of any viruses or defects that may damage your computer or device. To the extent permitted by law, all other warranties, whether express or implied, in relation to the Services (including implied warranties as to merchantability and fitness for purpose) are expressly excluded. SBS will not be liable for any losses, claims or damages whatsoever including special, indirect or consequential damages, loss of revenue or loss of data as a result of the use of the Services. 8. Termination or suspension of access to the Services SBS has the right to suspend, and/or terminate your access to any part of the Services, for any reason (including a breach of these Terms of Service), or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that SBS has no liability to you if the Services are discontinued or your ability to access them is terminated. 9. Governing Law These Terms of Service and any issues arising under these Terms of Service will be dealt with under the laws of New South Wales, Australia. Last updated: 22/06/2017 SBS Privacy Statement (Updated 9 March 2016) A PDF version of this policy is available here: PDF (371KB). SBS Privacy Policy SBS is committed to providing a safe and welcoming digital environment, and to be open and transparent about how we collect and use your information when you use our website, apps and other online services or interact with us in other ways. In this Privacy Policy we’ll talk about how SBS manages your personal information (where you disclose identifiable information about yourself), as well as how we manage other information associated with your use of our digital services which we collect but which is effectively anonymous. In particular, we’d like to help you understand important topics like: · What information we collect · How we use that information · How you can control your information · The measures we take to keep your information secure · What to do if you need help or have any questions about your personal data. 1. Information we collect and hold SBS may request, collect and hold the following kinds of information in either electronic or hard copy format. a) Competition and registration information When you sign up for a competition, register as an SBS user on our digital services, or request an email newsletter, we will ask you to provide personal details such as your first name, surname, and email address. To help with prize distribution and entry eligibility as part of a competition, SBS may also request a mailing address, phone number and your date of birth. SBS will also invite you to offer other optional information through your user profile so that we can tailor our services to your specific interests or profile. This includes information such as the types of content you are interested in (for instance, sport, food or movies), and whether you’d like to receive information or offers from our partners. b) Information you post on our digital services When you interact with SBS and the SBS community on our digital services as a registered SBS user or using social media (for example by making a public comment on a particular topic), we may collect the information you choose to post (such as your opinion about a matter you are commenting on, which may include sensitive information you choose to make public). You should be careful about making any sensitive or personal information public. c) Your social media information Some of our digital services are linked to third party social media services like Facebook or Twitter. You can decide to access or log in to an SBS service using your social media profile, or to connect an SBS related service to a third party social media service. If you do this, SBS can collect your social media user information, and any further information you have permitted the social media site to share with SBS. In choosing to access or connect to SBS services via social media, you are authorising SBS to collect, store, use and disclose such information and content in accordance with this Privacy Policy. You should be aware that any posts you make on SBS social media channels including our Facebook, Twitter or Instagram profiles may be publicly available and able to be found via search engines. SBS strongly recommends that you become familiar with the privacy settings and terms of your social media account/s. d) Cookies and other tracking data When you use SBS’s digital services, information about your usage will automatically be gathered by SBS, or third parties contracted by SBS, through tracking devices including the use of cookies, web beacons and web server logs. These tracking devices are not used to record any personally identifiable information such as your name or email address. The information collected is aggregated, and is effectively anonymous to us. This information helps us to: · monitor, analyse and improve our digital services, for example by showing us what visitors do and don’t use, and assisting us in detecting any problems with our services · customise our services based on content accessed, for example by recommending content that matches your interests · serve you more relevant advertising based on your site visits · manage the number of times you are served particular advertisements. SBS contracts with a range of third party providers for these purposes. The type of information gathered typically includes geographic location, date and time of site visits, your server (IP) address. e) By contacting or interacting with SBS for a specific reason such as lodging a complaint or applying for a job SBS may collect and hold personal and sensitive information about you in order to respond to any enquiries, or to carry out our business and operational functions, such as personnel management. The information we collect will depend on the type of information we need to manage these matters. For example personnel records may include personal and sensitive information such as name, address, date of birth, disabilities, place of birth, ancestry, tax file number, and relationship information. Recruitment records may include employment history and experience, referees and other employment related information. SBS studio audience registration records may include sensitive information such as cultural background, political party affiliation and other organisation affiliation information. f) Collecting personal information from children and young people SBS is committed to providing a safe and welcoming digital environment for children and young people. Some of our activities, such as SBS Learn, are directed to children and young people. SBS may collect personal information directly from children and young people for the purpose of these activities. Where SBS considers that capacity to consent to the collection of the personal information is at issue, SBS will notify a parent or guardian of the activity, and seek their consent. If you are a parent or guardian, you should read and explain this Privacy Policy and any applicable house rules with your child if you think they may not understand how it applies. g) Information sourced from other parties In some circumstances, SBS may source information about you which is on the public record, or can be requested from third parties. For example, when you apply for a job or internship at SBS, SBS will seek information from you directly, but may also collect information about you from third parties (including your previous employers and recruitment consultants). 2. How we use your information SBS will use and disclose your personal information for: · the main purpose for which it was collected · appropriate secondary purposes under the terms of the Privacy Act, such as where you have consented to the secondary use or disclosure, or where SBS considers you would reasonably expect SBS to use or disclose the information. Whenever we collect information from you, it’s for purposes related to our core functions and to help us provide you with a better service. This includes: Providing the product or service you have requested – such as sending you an email newsletter, accepting your entry into a competition, or giving you access to an app. Understanding our audience behaviour to improve our services, or your experience of our services – such as website optimisation for a better online experience. Giving you a more personalised experience by providing you with information that is relevant to your unique interests – such as making program recommendations. Helping us sell advertising – so that we can reinvest in the free services provided to you. To enable you to engage with SBS and other SBS users, for example by re-publishing content you provide to us such as competition entries or social media posts together with your name or social media handle or profile name. In providing and managing the services offered by SBS, SBS may need to make your information available to third party service and content providers, including providers of cloud services, website hosts, and other companies. These third parties may be located overseas in countries including the USA, Europe and Singapore. SBS will ensure that any third parties who receive your personal information from SBS follow the same standards and obligations set out in this privacy policy, and only use your information for the specific purpose and service they are providing to you or SBS. SBS contracts with a range of party providers for these purposes. These include Roy Morgan (you may read the Roy Morgan Privacy Policy here). If you would like to learn more about how SBS uses third parties to collect and use information on this website please contact the SBS Privacy Contact Officer (see the contact details section below). Cookies and other tracking data If data about your use of SBS’s digital services is de-identified, aggregated or otherwise made anonymous, SBS may collect, use and share that information for any purpose with third parties provided that in doing so we do not reveal any personal information and the use is related to SBS’s activities. No attempt will be made to identify SBS website users or their browsing activities except where necessary to prevent or lessen a serious and imminent threat to a person’s life or health, or as otherwise permitted or required by law. SBS may combine the anonymous information about you collected from your use of our digital services to build up an idea about the types of products or services and advertising that might interest you. By understanding more about you, we are able to serve you more tailored, relevant advertising and SBS content. When this information is used to target more relevant advertising to you it is known as online behavioural advertising. Revenue generated from personalised advertising is used to improve the free digital services from SBS. You can opt out of these targeted services – see under ‘How you can control your information’. 3. How you can control your information SBS is committed to helping you control the collection and use of your personal information, including marketing communications. You may opt-out from receiving electronic communications from us (including surveys or notifications) by changing your account settings through the appropriate link on the subscription preferences page or following the unsubscribe instructions at the bottom of each email. Please note that if you have an active SBS profile, there are certain service notifications that you may not opt-out of, such as notifications of changes to SBS services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app. You may choose to opt out of the tracking devices used on SBS’s digital services. If you choose to opt out of these tracking devices you may not be able to access all of the services on the SBS website and your experience will not be fully optimal. To opt out of SBS’s customised services such as content recommendations and targeted advertising, use this link: Cxense opt-out. Information about opt-out options for third party online behavioural advertising is available on the Your Online Choices website – Your Ad Choices: www.youronlinechoices.com.au/opt-out You can find out more about online behavioural advertising here: · Office of the Australian Information Commissioner: Privacy Fact Sheet 4 Online Behavioural Advertising · Your Online Choices: A guide to behavioural advertising. Accessing and correcting your personal information If you subscribe to SBS email newsletters or have created an SBS profile, you can access and correct profile data about yourself at any time by logging into the SBS website. You’re also entitled to access records that contain personal information about yourself by contacting the SBS Privacy Contact Officer (see the contact details section below). You may also seek the correction of any information held by SBS. SBS will take reasonable steps to correct the personal information it holds to ensure that, having regard to the purpose for which it is held, it is accurate, up to date, complete and not misleading. Anonymity and pseudonymity Where possible, you may also interact with SBS anonymously or using a pseudonym should you choose to do so. For example, if you wish to provide feedback without requiring a response from SBS, you will not be required to provide a full name or email address. However, in some cases it will not be practicable to interact with you anonymously or with a pseudonym, or it may be impossible to provide the service you are requesting without some form of personal information. For example, if you wish to subscribe to an SBS email newsletter, an email address must be provided. 4. Security SBS uses a combination of technical, administrative, personnel and physical measures to safeguard personal information in its possession against loss, theft and unauthorised use, disclosure or modification. However, no one can guarantee the complete safety of your information. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting the SBS Privacy Contact Officer (see the contact details below). In some instances, including where you are using third party social media platforms to engage with SBS, these platforms are not under the control of SBS. If security is of concern to you, we encourage you to carefully consider the terms and conditions and security used by any third party platform. 5. Compliance with Australian legislation SBS is a government agency and is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles in relation to the personal information it collects. The Privacy Act does not apply to any acts done or practices engaged with in relation to SBS's program material. The general purpose of this exemption, and the exemption in the Privacy Act for the acts and practices of private sector media organisations done in the course of journalism, is to allow for the free flow of information to the public. The SBS Codes of Practice set out how SBS manages the privacy of individuals in SBS content. If you feel that SBS content that relates to you has breached the SBS Codes of Practice, you can make a Code complaint. Information on the SBS Codes of Practice and the complaint process is available here. Privacy and third party organisations This Privacy Policy only applies to SBS and its digital services. It does not apply to any other company or organisation, including organisations whose digital services are linked to SBS’s online content or services (such as social media platforms and online retailers). If you are using a third party site to interact with SBS, or you navigate from the SBS website to a separate site to view advertising or to engage with a service, this activity is not covered by SBS’s Privacy Policy. 6. Changes to the SBS Privacy Policy SBS will review and update this Privacy Policy from time to time. Updates will be posted to the SBS Privacy web page. 7. Complaints If you think that an act or practice of SBS has interfered with your privacy you may make a complaint to SBS. You will need to identify yourself and provide your complaint in written form addressed to the SBS Privacy Contact Officer (see the contact details below). The SBS Privacy Contact Officer will investigate your complaint and will endeavour to provide a written response within 30 days of receipt of the complaint setting out SBS's decision. If you are dissatisfied with SBS's response to your complaint you can take your complaint to the Office of the Australian Information Commissioner (see contact details below). The Australian Information Commissioner may then investigate and attempt to conciliate the matter. 8. How to get more information If after reading this policy you have any questions or concerns, please contact the SBS Privacy Contact Officer: Email: privacy@sbs.com.au Telephone: +61 (0)2 9430 3878 Freecall 1800 500 727 TTY via NRS call 1800 555 677 and ask for 1800 500 727 Post: Privacy Contact Officer SBS Corporate Affairs Locked Bag 028 Crows Nest NSW 1585 Web: www.sbs.com.au Office of the Australian Information Commissioner (OAIC) The OAIC can investigate complaints about acts or practices that may interfere with an individual’s privacy. Contact details are set out on the OAIC website (www.oaic.gov.au). Apple Inc. Software License Agreement for iTunes Please read this software license agreement (“License”) carefully before using the Apple software.  By using the Apple software, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this License, do not use the software. If you do not agree to the terms of the License, you may return the Apple software to the place where you obtained it for a refund. If the Apple software was accessed electronically, click “disagree/decline”. For Apple software included with your purchase of hardware, you must return the entire hardware/software package in order to obtain a refund.  Important Note: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this software may be used for remote access to music files for listening between computers, remote access of copyrighted music is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor.  1. General.  A. The Apple and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you.   B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions.  A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to install and use the Apple Software. To the extent that the Apple Software may be used to reproduce materials, such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. B. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software). C. VoiceOver Kit - Automatic Updates. When you are using VoiceOver Kit, the Apple Software will periodically check with Apple for updates to the pronunciation rules used by VoiceOver to generate the spoken items that you hear when you have VoiceOver selected. If a pronunciation update is available, the update will automatically download onto your computer, and when you have VoiceOver selected, the new version of the spoken items will be generated and synced to your iPod. The older version of the spoken items will no longer be available. These automatic updates will not change the actual media content (e.g., music, video, podcasts) on your iPod or in your iTunes library. D. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single Apple-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any maintenance, technical or other support for the resultant modified Apple Software. 3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.  4. Consent to Use of Data.  A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. You may change your preferences for diagnostics & usage collection at any time by going to the Analytics setting on your computer and deselecting the checkbox. The Analytics setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. B. Library Data. The Apple Software contains features that rely upon information about your iTunes library. If you choose to share information about your iTunes library with Apple, you agree to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including but not limited to artist, album and song names in your library, to provide and improve such features. You can opt out at any time by going to Preferences for the Apple Software and deselecting the corresponding checkbox under Store Preferences. C. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 5. iTunes Store and other Services.  A. The Apple Software may enable access to Apple’s iTunes Store, Apple Music and other Apple and third party services and web sites (collectively and individually, “Services”). Such Services may not be available in all languages or in all countries. Use of the Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms of service and may be subject to additional fees. B. By using this software in connection with an Apple ID, iTunes Store account or iCloud account, you agree to the applicable terms and conditions for that account, such as the latest Apple Media Services Terms and Conditions, which you may access and review at http://www.apple.com/legal/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/icloud/ww/, respectively. If you do not agree to the applicable terms and conditions for such an account, do not use the Apple Software in connection with that account. C. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Apple does not guarantee their accuracy. D. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that you will not use any Third Party Materials in a manner that would infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you. E. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services, including but not limited to graphics, audio clips, and editorial content, contain proprietary content, information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.  F. In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Software are not available in all languages or in all countries or regions. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.  6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you must cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination. 7. Disclaimer of Warranties.  A.     If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. B.     YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C.     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  D.     APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E.     YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F.     NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.   8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. 10. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.  Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.   12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use Apple’s online store which will govern your use of such store and any Services you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 13. Third Party Notices.  A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. B. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.  C. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. 14. Third Party Software and Service Terms and Conditions. Gracenote® End User License Agreement  This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”).  The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.  You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only.  You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.  You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions.  If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights.  Under no circumstances will Gracenote become liable for any payment to you for any information that you provide.  You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.  The Gracenote service uses a unique identifier to track queries for statistical purposes.  The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are.  For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.  The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers.  Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient.  No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.  EA1510 8/31/2017 QPWS Account Terms and Conditions You and your means the user of the National Parks Booking Service. Our, us and we means the State of Queensland represented by the Department of National Parks,Sport and Racing (the Department). These Account Terms and Conditions apply to your use of the National Parks Booking Service online booking system. You may choose not to use the National Parks Booking Service Account facility if you desire. These Account Terms and Conditions contain important information. It is essential that you carefully read and understand them. These Account Terms and Conditions constitute a legally binding contract between you and the Department. The Department reserves the right to change the Account Terms and Conditions that apply to your use of the National Parks Booking Service at any time. The National Parks Booking Service Account Facility You may close your National Parks Booking Service Account online at qld.gov.au/camping. If your National Parks Booking Service Account is not available for any reason, you can communicate directly with the Department by emailing QPWS@npsr.qld.gov.au. By agreeing to use this service, or setting up a National Parks Booking Service Account, it does not: Affect or reduce any obligation owed to you by any department or agency of the State of Queensland; Reduce any obligation you owe to any department or agency of the State of Queensland. Your Responsibilities You must: Keep your National Parks Booking Service Account username and password secure at all times. Not permit any other person to use your username and password. Change your password regularly. You should use appropriate and up-to-date firewall and anti-virus software to protect your computer systems. The Department is not liable to you if the security of your National Parks Booking Service Account is compromised as a result of a failure to protect your computer systems. Our Responsibilities If the National Parks Booking Service Account Terms and Conditions change, we will ask you to accept the new terms and conditions. If you choose not to accept the terms and conditions, we will close your National Parks Booking Service Account. We have responsibilities relating to the security and privacy of your National Parks Booking Service Account information and transactions. We will use all reasonable endeavours to ensure that your information is not corrupted or changed. We will take reasonable care in providing the information and services through the National Parks Booking Service online booking system website. However, we cannot accept liability for any Loss that could arise as a result of your use of the National Parks Booking Service, including your National Parks Booking Service Account. If a problem or loss is caused by the information you included your National Parks Booking Service online booking system Account or because your computer was compromised in some way, we cannot take responsibility any loss or damage. Privacy For more information about how we protect your privacy and personal information, please see our privacy statement. We will only use and disclose your personal information to a person, body or other department: As permitted by these National Parks Booking Service Account Terms and Conditions; or To provide you with a service that you have requested; or As authorised by law, for example, if a law enforcement authority or court order lawfully directs us to disclose the information of a user of National Parks Booking Service online booking system. You may update and correct your personal information at any time by logging into your National Parks Booking Service Account. If you are unable to log into your Account to update and correct your personal information, please contact the Department by emailing QPWS@npsr.qld.gov.au General These National Parks Booking Service Account Terms and Conditions do not negate any terms or conditions of use of any other Queensland Government website. These Account Terms and Conditions are governed by the laws of Queensland. If any part of these terms or conditions is determined to be invalid, unlawful or unenforceable wholly or to any lesser extent, such terms or conditions shall be severed from the remaining terms and conditions. Please contact us at QPWS@npsr.qld.gov.au if you have any questions, problems or feedback regarding your National Parks Booking Service Account. Definitions Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data, reputation or revenue. Conditions of permit In order to proceed with a permit purchase you must accept the conditions of permit, as well as be aware of your legal requirements. Your campsite arrival time should be no earlier than 2pm on the first day of camping and your camp site departure time should be no later than 11am on the last day In most instances a refund will not be issued. Please refer to the Camping and vehicle permit refund policy The Department may at its absolute discretion cancel all or part of a booking by giving notice via the email address or telephone number listed within the user’s Account. A full refund or gift card will be provided for a reservation cancelled by the Department. You acknowledge this right and agree to irrevocably waive all rights to pursue any claim you may otherwise have in respect of any such cancellation. The Department will not be liable for any circumstance beyond the reasonable control of the Department and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes. All guests must comply with: the Account Terms and Conditions of use (this document); and other rules of use (including the Park Alerts and permit conditions) ; and any reasonable directions given by Departmental Rangers, regarding the use of the permit; and any and all applicable laws relating to your attendance at and use of national parks and associated facilities. Once your payment has been confirmed, a receipt of your purchase, your permit tag(s) and any other relevant information will be sent to the email address nominated on your account. You can also view or print a copy of your receipt or permit(s) by logging into your account and opening ‘Your Account > Purchases > Bookings’. Condition of gift card purchase Gift vouchers are valid for 24 months from date of purchase, are redeemable through the National Parks Booking Service website for the payment of permit fees only and are not redeemable for cash or any other benefit. If purchased credits are not used within 24 months, you may be unable to exchange for other refund options. Ensure you are familiar with the Department’s refund policy before purchasing or accepting gift vouchers or credits. The purchase of gift vouchers or credits does not automatically issue you with a valid permit. If a another person wishes to redeem a gift voucher purchased by you, that person must set up a National Parks Book Service Account and agree to these Account Terms and Conditions prior to booking a permit. Conditions of Vehicle Access Permit A vehicle access permit must be obtained before driving on Bribie Island, Fraser Island, Moreton Island, Cooloola and Minjerribah recreation areas—fees apply for permits in these areas. All vehicles must be registered and have a valid permit. You must clearly display the details of your permit on your vehicle for inspection by authorised officers. For permits relating to the Minjerribah recreation area, you may not use the National Parks Booking Service, and you must apply online or phone (07) 3409 9668. Conditions of camping permit In order to proceed with your permit purchase you must accept the conditions of permit, as well as the park specific conditions. You should also be aware of your legal requirements.  Your campsite may be occupied from 2pm on the first day of camping and must be vacated by 11am on the last day  In most instances a refund will not be issued. Please refer to the Queensland Parks and Wildlife Service Camping and Vehicle permit refund policy. Once your payment has been confirmed, yo u will be emailed your booking confirmation together with your permit tag(s). Condition of gift card purchase  Gift cards are valid for 24 months from date of purchase. If purchased gift cards are not used within 24 months, they will expire and you are un able to exchange for other refund options. Conditions of vehicle access permit  Access to the Bribie and Fraser Island Recreation Areas is by 4WD vehicle only.  2WD vehicles, trailbikes and motorbikes are prohibited in the Bribie Recreation Area.  4WD veh icles are required in the Cooloola Recreation Area  Off road motorbikes (with full road use registration) are permitted on Fraser Island and in the Cooloola Recreation Area Thank you for booking your permit through the National Parks Booking Service. Queens land Parks and Wildlife Service hope that you have an enjoyable visit to the park or forest you have selected. CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT(S) RELEASE AGREEMENT Redistribution Or Rental Not Permitted BY CLICKING THE ACCEPTANCE BUTTON, CREATING A USER ACCOUNT, OR LOGGING INTO A USER ACCOUNT TO GAIN ACCESS TO ANY CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT OR SERVICES OR USING ANY CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT OR SERVICES (THE "PRODUCT(S)"), THE INDIVIDUAL LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. THE TERM “LICENSEE” SHALL BE INTERPRETED IN THIS AGREEMMENT TO MEAN THE “END USER” OF THE ACCOUNT/SERVICE (EPORTFOLIO (ALL PRESENT AND SUBSEQUENT AND NOT THE INSTITUTION OR ENTITY USING THE SERVICES OF CHALK & WIRE LEARNING ASSESSMENT INC. FOR THE PURPOSES OF MONITORING AND VERIFYING LEARNING WITHIN THEIR LEGAL RIGHTS TO DO SO AS AN EDUCATIONAL INSTITUTION OR TRAINING ORGANIZATION IN THEIR STATE/PROVINCE/NATION. IF THE LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT ACCESS OR USE ANY CHALK & LEARNING ASSESSMENT INC. PRODUCTS OR SERVICES. These terms apply to all products developed by Chalk & Wire Learning Assessment Inc. (“Chalk & Wire”). 1. LICENSE AGREEMENT. As used in this Agreement, "CHALK & WIRE" shall mean CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCTS AND SERVICES; In this Agreement "Licensor" shall mean Chalk & Wire products and/or services except under the following circumstances: (i) if Licensee acquired the Product as a bundled component of a third party product or service, then such third party shall be Licensor; and (ii) if any third party software is included as part of the default installation/use and no license is presented for acceptance the first time that third party software is invoked, then the use of that third party software shall be governed by this Agreement, but the term "Licensor," with respect to such third party software, shall mean the manufacturer of that software and not Chalk & Wire. With the exception of the situation described in (ii) above, the use of any included third party software product shall be governed by the third party's license agreement and not by this Agreement, whether that license agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in the package in printed form. If more than one license agreement was provided for the Product, and the terms vary, the order of precedence of those license agreements is as follows: (i) a signed agreement, (ii) a license agreement available for review on the Chalk & Wire website, (iii) a printed or electronic agreement that states clearly that it supersedes other agreements, (iv) a printed agreement provided with the Product(s), (v) an electronic agreement provided with the Product(s). 2. LICENSE GRANT. Licensor grants Licensee a non-exclusive and non-transferable license to use, for personal or internal business purposes, the web-accessible GUI interface version of the Product(s). The license entitles the licensee protection of /access to, their personal content excluding the code base provided by Chalk & Wire, for so long as their account subscription is fully paid for the time of service provided and the institutional client continues to purchase accounts sufficient to sustain the ongoing storage of non-revenue bearing accounts (post expiry). Where accounts have expired, unless otherwise instructed in a parallel institutional agreement to extend storage service, this Agreement may be terminated by the Licensor and Chalk & Wire reserves the right to archive Licensee accounts that are dormant (defined as not accessed for four years after expiry, termination or Licensor discontinuance of business by Licensor) to another secure storage medium until such time the licensee requests it, or to delete the content if the institutional client is no longer purchasing accounts sufficient to sustain the ongoing storage of expired accounts. If archived, the licensee may request or have access to their account to download a full copy of their data. The license does not entitle the Licensee to receive from Chalk & Wire hard-copy documentation. The Licensee is entitled to technical support, telephone assistance, or enhancements or updates to the Product only as related to the actual usage of Chalk & Wire software features derived from code proprietary to Chalk & Wire. Support services related to any other computing or technological device or product, are not provided to the LICENSEE. The Licensee may not redistribute the Product(s) unless Licensee has separately entered into a distribution agreement with Chalk & Wire. 3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, or in another Chalk & Wire agreement to which Licensee is a party, Licensee may not: (i) modify or create any derivative works of the Product or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sub license, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; or (v) publish any results of benchmark tests run on the Product to a third party without Chalk & Wire's prior written consent. The Licensee may be provided with server space owned or leased by Chalk & Wire for the storage of files DIRECTLY related to the use of Chalk & Wire products. The amount of server space provided is established by Chalk & Wire, and may be adjusted at any time without warning. Any users who employ server storage space provided by Chalk & Wire to engage in actions deemed illegal, shall have their access terminated without notice, and shall be held entirely liable for these actions to the full extent of the laws applicable. You also hereby acknowledge that the Service is for educational or career search purposes only. Therefore, you agree to use the Service for such purposes and not to post any inappropriate Materials. Chalk & Wire reserves the right to remove any item that, in the view of Chalk & Wire, is inappropriate. By way of illustration, and not limitation, such Material includes material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable. 4. FEES. There may be license fees for the Product(s)which may be adjusted from time to time without warning. 5. CHANGES TO SERVICE: Chalk & Wire may change or discontinue any portion, feature or content of the Service at any time with or without notice to you. Likewise, Chalk & Wire may at any time, with or without notice to you, restrict the use and accessibility to the Service as well as limit the duration and amount of use made of the Service. 6. THIS AGREEMENT AND CHANGES TO IT: Chalk & Wire may change any of the terms in this Agreement at any time. Changes will become effective when Chalk & Wire posts the modified Agreement on the Website. The End-User License link will be flagged any time changes are posted. If you do not agree to the changes, you may cancel your subscription to the Service in the manner described in Section 10. Continued use of the Service by you or any other subscriber under your license constitutes acceptance of the terms of the modified Agreement. Further, this Agreement is the entire agreement between Chalk & Wire and you with respect to the Service. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If Chalk & Wire waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your or Chalk & Wire's conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses. 7. DISCLOSURE OF INFORMATION: Chalk & Wire actively seeks to comply with all applicable statutes and regulations regarding maintaining the confidentiality and privacy of information held by it, including but not limited to the Family Educational Rights and Privacy Act ("FERPA"). Chalk & Wire does not sell or otherwise transfer customer information to third party marketing companies under any circumstances. It is Chalk & Wire's policy not to share your personal information with any third parties. Chalk & Wire enables you to comply with your privacy and confidentiality obligations. However, you must be aware of your own obligations under the extant and applicable privacy act in place in your jurisdiction or any other statute, regulation or other legal or institutional rule regarding the release of confidential information and act accordingly. You may participate in a variety of online forums on the Site, submit work to others for evaluation, share work with colleagues, and/or publish work in Chalk & Wire or to the World Wide Web at large. Any information you disclose in these areas will be available to certain other end users, and may be collected and used by persons other than Chalk & Wire. You should not disclose any information that you do not want others to know on these areas of the Site. Chalk & Wire does not routinely monitor these areas, and you use forums and tools at your own risk. In addition, you may also provide Chalk & Wire with information such as assignments, work products, and assessment rubrics that identify your own content. This information will be available only to other individuals with Chalk & Wire ID's and passwords within your organization or to those granted trusted external access by you or your organization in order to carry out their duties to which you have agreed by right of your membership in said organizations/institutions UNLESS YOU CHOOSE TO PUBLISH IT ON THE WORLD WIDE WEB. Personal information such as addresses and phone numbers are NEVER required on the Site by Chalk & Wire and should not be published there by you unless you are sure that your audience is allowed to have such information. Chalk & Wire provides various communication tools that enable users to share work with users and non-users of Chalk & Wire. Once you have shared work with a third party, Chalk & Wire no longer can control access to that work and can make no assurances as to the privacy of that work. Do not disclose or send information to third parties that you do not want others to know, use or publish in other forums. Chalk & Wire may disclose your information if we believe in good faith that such disclosure is necessary to comply with applicable law, a subpoena or other legal process. We may also disclose such information as is necessary to identify, contact or bring legal action against a person or entity who may be violating Chalk & Wire's Terms of Use (or such other agreements to which an end user is a party), or who may be causing injury to, or interfering with, other users of the Site and Services, or other third parties who may be harmed by such activities. The Site may contain links to third party websites. When you click on these links, you will leave the Site, and will then be subject to the information collection practices of such third parties. Chalk & Wire has no control over the content, policies or actions of these websites, even if you are offered products or services on those websites because you are an end user of the Site and Services. The use of any information you may provide to third parties on other websites, or that such parties may otherwise collect on other websites, is not governed by this Privacy Policy. You should carefully review the privacy policies of any third party websites and contact the operators of those websites if you have any questions about their use of your information. Chalk & Wire cannot be responsible for any third party, or its affiliates or agents, failing to use your information in accordance with such third party's privacy policy, or any contractual or other legal obligations to which such third party, its affiliates or agents, may be subject. 8. DATA SECURITY: Chalk & Wire takes commercially reasonable security measures to protect information provided by you against unauthorized access and use. Upon login, your data files may be scanned for viruses, and the Webmaster will be notified of any viruses found. Access to information is only authorized with the use of a valid password protection. Chalk & Wire also uses commercially reasonable efforts and conforms to requirements of its insurers, Lloyds of London, to establish secure connections with your web browser for any passage of information. PLEASE BE AWARE, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET IS 100% SECURE AND ANY INFORMATION DISCLOSED ONLINE CAN POTENTIALLY BE COLLECTED AND USED BY PARTIES OTHER THAN THE INTENDED RECIPIENT. FURTHER, IN THE EVENT THAT YOU CHOOSE TO STORE ASSESSMENT DATA ON CHALK & WIRE, BE AWARE THERE IS NO EXTANT SECURITY MEASURE THAT CAN PROVIDE A GUARANTEE OF COMPLETE DATA SECURITY. 9. TERMINATION. Without prejudice to any other rights, the Licensor may terminate this Agreement if (i) the Licensee is in breach of any of its terms or conditions as determined by the Licensor or (ii) the Licensee account becomes dormant as defined in Article 3 herein. Upon termination, Licensee shall cease any attempt to access products and services provided by Chalk & Wire. In such cases, Chalk & Wire is in no way obligated to provide a copy of any files in the terminated account(s) to the user(s) or to any other party. 10. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in Chalk & Wire and/or its suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Chalk & Wire's or its suppliers' ownership of or rights with respect to the Product. The Product(s) is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Product is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content. In so far as from time to time Chalk & Wire is solicited by users to provide free (gratis) development of features to enhance their use and enjoyment of Chalk & Wire products, the provision of concepts, text, images or any other media by such users in the description of said features and enhancements does not constitute any claim to the code or any future developments thereof undertaken by Chalk & Wire. The title, ownership rights, and intellectual property rights to code created for this purpose and by these means for user-suggested features and enhancements resides with Chalk & Wire exclusively and royalty free in perpetuity. 11. NO WARRANTIES. Subject to the overriding obligation of Chalk & Wire to take all reasonable efforts to provide its software products and support services free of viruses and to the maximum extent permitted by applicable law, CHALK & WIRE and its suppliers provide the SOFTWARE PRODUCTS(S) and any (if any) Support Services related to the SOFTWARE PRODUCT(S) AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE PRODUCT(S), and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. Provided that Chalk & Wire has made all reasonable efforts to provide its SOFTWARE PRODUCTS and Support Services free of viruses, THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH THE LICENSEE. The test for “reasonable efforts” shall be failure by Chalk & Wire, amounting to gross negligence, to use standard, ubiquitous tools and procedures prevalent in the marketplace at the time it delivers to the Licensor the SOFTWARE PRODUCTS or Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH THE LICENSEE. 12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHALK & WIRE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS USER AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CHALK & WIRE OR ANY SUPPLIER, AND EVEN IF CHALK & WIRE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. LIMITATION OF LIABILITY. Notwithstanding any damages that the Licensee might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Chalk & Wire and any of its suppliers under any provision of this User Agreement and the Licensee's exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the period of 12 months prior for the SOFTWARE PRODUCT(s). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. CHALK & WIRE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. 14. NON-DISCLOSURE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS. The Licensee and Chalk & Wire Learning Assessment Inc. affirms and will take appropriate steps to protect the intellectual property rights of the other. Specifically, the institution retains all intellectual property rights in all information, materials, and intellectual property, including but not limited to courses and materials, provided by the user or institution to Chalk & Wire, and Chalk & Wire retains all intellectual property rights related to software application and code developed by Chalk & Wire and provided for use by this agreement. The Licensee or institution (its employees and/or relatives thereof) acknowledges the proprietary rights of Chalk & Wire regarding the research and development of Chalk & Wire software tools. Officials of the institution or its designees, may discuss and access products for the purposes of testing and providing feedback to Chalk & Wire about new features and enhancement. They are prohibited from revealing the work of Chalk & Wire software research and development in any manner with any entity that might reasonably be expected to develop similar software for either commercial or non-commercial purposes. 15. FERPA/PIPEDA/THE PRIVACY ACT & OTHER PREVAILING PRIVACY LEGISLATION. Chalk & Wire understands that the institution/ Licensee is subject to either FERPA (USA- Family Educational Rights and Privacy Act), or PIPEDA (CanadaPersonal Information Protection and Electronic Documents Act, and The Privacy Act), or The Privacy Act (Australia) or any other prevailing State/Provincial or Federal/national privacy legislation. Chalk & Wire abides by all applicable legal regulations of these Acts in force in the nation wherein the client/institution resides. Specifically, where institutions are concerned Chalk & Wire is considered an official of the institution as regards the protection of user and institutional data. As an official of the institution, Chalk & Wire must protect the privacy all user data provided by the institution/users and shall not transmit, share, or disclose any data about a end users without their written consent, except to other officials of the institution with a legitimate interest (i.e., the institutional official must seek the information within the context of his/her professionally assigned responsibilities with the institution and the information must be used within the context of official business of the institution). 16. ENCRYPTION. As regards situations wherein Chalk & Wire Learning Assessment Inc. is not the host of the product(s), if Licensee wishes to use the cryptographic features of the Product, then Licensee may need to obtain and install a signed digital certificate from a certificate authority or a certificate server. Licensee may be charged additional fees for certification services. The licensee is responsible for maintaining the security of the environment in which the Product is used and the integrity of the private key file used with the Product. In addition, the use of digital certificates is subject to the terms specified by the certificate provider, and there are inherent limitations in the capabilities of digital certificates. If Licensee is sending or receiving digital certificates, Licensee is responsible for familiarizing itself with and evaluating such terms and limitations. If the Product is a version with FORTEZZA, Licensee will need to obtain PC Card Readers and FORTEZZA Crypto Cards from another vendor to enable the FORTEZZA features. 17. EXPORT CONTROL. Licensee agrees to comply with all export laws and restrictions and regulations of Canada, and not to export or re-export the Product(s) or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product(s) from Canada. By accessing or using the Product(s), Licensee agrees to the foregoing and represents and warrants that it complies with these conditions. 18. HIGH RISK ACTIVITIES. The Product(s) is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product(s) in such applications. 19. U.S. GOVERNMENT END USERS. The Product(s) is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Products(s) with only those rights set forth herein. 20. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the Chalk & Wire and the LICENSEE concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) Except to the extent applicable law, if any, provides otherwise, the Licensee agrees to be governed by and consents to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario, Canada. (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in the city of Toronto, Ontario, Canada, with the losing party paying all costs of arbitration. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. (h) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (i) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (j) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (k) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (l) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (m) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. (n) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. (o) If any Chalk & Wire professional services are provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Chalk & Wire and Licensee. The parties acknowledge that such services are acquired independently of the Product(s) licensed hereunder, and that provision of such services is not essential to the functionality of such Product(s). (p) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning. 21.LICENSEE OUTSIDE THE U.S.A. AND CANADA. If Licensee is located outside the U.S. or Canada, then the provisions of this Section shall apply. (i) Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattache, soient redigés en langue anglaise. (translation: "The parties confirm that this Agreement and all related documentation is and will be in the English language.") (ii) Licensee is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export or use the Product(s)(s), and Licensee represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable. BY CLICKING THE ACCEPTANCE BUTTON, CREATING A USER ACCOUNT, OR LOGGING INTO A USER ACCOUNT TO GAIN ACCESS TO ANY CHALK & WIRE PROFESSIONAL DEVELOPMENT CANADA INC. PRODUCT OR SERVICES OR USING ANY CHALK & WIRE LEARNING ASSESSMENT INC. PRODUCT OR SERVICES (THE "PRODUCT(S)"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT ACCESS OR USE ANY CHALK & WIRE PROFESSIONAL DEVELOPMENT CANADA INC. PRODUCTS OR SERVICES. Chalk & Wire Learning Assessment User Agreement. Rev. 04.06.2017 APPLE INC. iMOVIE SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. YOU MUST RETURN THE ENTIRE HARDWARE/ SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish and distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software, any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple to the Apple Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update. 2. Permitted License Uses and Restrictions. A. License. Subject to the terms and conditions of this License, including but not limited to the requirements and limitations in Section 2B, unless you obtained the Apple Software as described in Section 2C, you have the right to use the Apple Software (whether you obtained it from the Mac App Store or preinstalled by Apple on Apple-branded hardware) as permitted by the Mac App Store Product Usage Rules set forth in the App Store Terms and Conditions (http://www.apple.com/legal/internetservices/ itunes/ww/) (“Usage Rules”), and are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running OS X (“Mac Computer”) that you own or control; and (ii) if you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library. B. If you obtained the Apple Software preinstalled by Apple on Apple-branded hardware, in order to use the Apple Software on more than one of the Apple-branded computers you own or control under the Usage Rules, you must log in to the Mac App Store and associate the Apple Software with your Mac App Store account. If you choose not to associate the preinstalled Apple Software with your Mac App Store account, you are permitted to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. Please also note that by choosing to associate the preinstalled Apple Software with your Mac App Store account, you will also associate any other Apple software applications that also came preinstalled by Apple on your Apple-branded hardware at the time of purchase (excluding OS X, Safari, and system applications and tools). C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. Apple ID. Use of the Mac App Store requires a unique user name and password combination, known as an Apple ID. An Apple ID is also required to access updates to the Apple Software and certain features and Services (as defined in Section 5). If you choose to associate the preinstalled Apple Software with your Mac App Store account, both the Apple ID used by your Mac App Store account and a unique hardware identifier collected from your computer will be used by Apple to verify the eligibility of your update request. By choosing to associate the preinstalled Apple Software with your Mac App Store account, you agree that Apple may transmit, collect, maintain, process and use these identifiers, including the Apple ID information you provide, as unique account identifiers for the purpose of providing you access to the Apple Software through the Mac App Store. E. System Requirements. Apple Software is supported only on Apple-branded hardware that meets specified system requirements as indicated by Apple. F. Content and Digital Materials. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, (i) this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you, and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Apple Software, or otherwise use the Digital Materials outside the context of its intended use as part of the Apple Software. G. iMovie Features and Support. Use of some features of the Apple Software will depend on the features of your camera. Location data may not be available for all areas and is provided solely as a convenience to you. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services. You understand and agree that uploading your movies to a third party service requires compliance with the terms and conditions of that service. The Apple Software contains sample content including but not limited to graphics, audio clips, video clips and/or templates (“Sample Content”). This Sample Content is proprietary to Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis in your own video projects but may not be distributed on a standalone basis. H. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. I. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by the licensing terms governing use of Open-Sourced Components (as defined in Section 13A) that may be included with the Apple Software). J. Compliance with Laws. You agree to use the Apple Software and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. K. Third Party Software. Apple may provide access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/ or products. L. Automatic Updates. If you opt in to automatic app updates, your computer will periodically check with Apple for updates and upgrades to the Apple Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your computer and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within System Preferences. 3. Transfer. A. Apple Software obtained from the Mac App Store is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so. B. For any preinstalled Apple Software, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts, printed materials and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; (iv) you have not associated the Apple Software with your Mac App Store account as set forth in Section 2B; and (v) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. C. You may not transfer any Apple Software that has been modified or replaced under Section 13A below. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Apple Software provided with a particular Apple-branded hardware product may not run on other models of Apple-branded hardware. D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. B. Location Data. Apple and its partners, licensees and third party developers may provide certain services through the Apple Software that rely upon location information. To provide and improve these services, where available, Apple and its partners, licensees and third party developers may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your computer, and location search queries. The location data and queries collected by Apple are collected in a form that does not personally identify you and may be used by Apple and its partners, licensees and third party developers to provide and improve location-based products and services. By using any location-based services provided by or through the Apple Software, you agree and consent to Apple’s and its partners’, licensees’ and third party developers’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting and either turning off the global Location Services setting or turning off the individual location setting for the Apple Software. The Location Services setting is found in the Security & Privacy pane within System Preferences. When using third party applications or services on your computer that use or provide location data, you are subject to and should review such third party’s terms and privacy policy on use of location data by such third party applications or services. C. iMovie Theater. The iCloud sharing functionality of the iMovie Theater feature requires an iCloud account and all use of such functionality is subject to the terms and conditions of this agreement and the iCloud Terms and Conditions located at: http://www.apple.com/legal/internet-services/icloud/ww/. By using the iCloud sharing functionality of the iMovie Theater feature, you agree that Apple may continue to store the videos that you publish until you delete them and send those videos to your other Apple branded-devices that have iMovie Theater enabled using the same iCloud account. You can disable the iCloud sharing functionality of the iMovie Theater feature on any of your (i) Mac Computers by disabling iMovie in the iCloud settings found within System Preferences and (ii) iOS devices by disabling iMovie in the iCloud settings found within Settings. D. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/legal/ privacy/. 5. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID or other Apple account, you agree to the applicable terms of service for that account, such as the latest iTunes Store Terms and Conditions which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/. B. If you choose to use the iCloud services through the Apple Software, such use is subject to the following additional terms: iCloud Terms and Conditions available at http://www.apple.com/legal/ internet-services/icloud/ww/ and Apple’s Privacy Policy available at http://www.apple.com/legal/ privacy/. C. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. D. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. E. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of services applicable to the Services. You agree that the Services contain proprietary content, information and material, including but not limited to any Digital Materials, that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. F. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 11 and 12 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or re-export the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 10. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 13. Third Party Acknowledgements. A. Certain components of the Apple Software, and third party open source programs included with the Apple Software, may be made available by Apple on its open source website (http:// www.opensource.apple.com) (“Open Source Components”). Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for the Apple Software. Please refer to the electronic documentation since you may have additional rights in the Open Source Components. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open Source Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. B. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and noncommercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com. C. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP:// JSTOR Terms and Conditions of Use 1. Welcome to JSTOR JSTOR’s integrated digital platform (the “JSTOR Platform”) is a trusted digital library providing for long-term preservation and access to leading academic journals and other scholarly materials from around the world. 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Name changes can be made for an individual passenger on a booking, but must apply to all flights for that passenger. Name changes are not permitted for Qantas Frequent Flyer Points Plus Pay, Flight bookings on Jetstar or JAL Mileage bookings. For Club Jetstar member exclusive fare bookings, where the Club Jetstar member is the individual passenger subject to a name change, other passengers on that booking (if any) will no longer be eligible for the Club Jetstar exclusive member fare. Change Fee and Fare Difference will apply to the name change from the Club Jetstar member, and Fare Difference will apply to all other passengers on that booking. Change Deadline and Point of contact Permitted changes must be made before the original scheduled flight opens for check-in at the airport. Airport check in opening times are available on your Jetstar itinerary. Time and Date changes can be made via Jetstar.com if originally booking was made via Jetstar.com or Jetstar Call Centre. All changes can be made via Jetstar Call Centre or Jetstar counter at the airport and additional service fees apply if your booking was not originally made via the Jetstar Call Centre or Jetstar counter at the airport. Fees are subject to change and are applied at the rate current at time of change. For current fees see Fees and charges. Change Fees and Fare Difference Change Fees apply per passenger, per flight. Fees are subject to change and are applied at the rate current at time of change. For current fees see Fees and charges. Fare Difference applies per passenger, per flight. Your new fare will be at least the amount of the fare you originally booked and may be more. You cannot change to a lower fare. No refund will be applicable if a lower fare is available. Fare Difference for permitted changes to Club Jetstar member exclusive fare bookings is the difference between the Club Jetstar member exclusive fare or fare with bundle originally booked and an available non-member fare or non-member fare with bundle on the date of change which is at least the same fare or, if the same fare is not available, the next available higher fare. The Fare Difference may be substantial. Fare Difference for changes to other bookings is the difference (if any) between the fare or fare with bundle originally booked and an available fare or fare with bundle on the date of change which is at least the same fare or, if the same fare is not available, the next available higher fare. The Fare Difference may be substantial. Permitted fare/bundle changes Subject to payment of Change Fee and Fare Difference applicable at time of change, Starter fares can be changed to an available Starter, Starter fare with Plus bundle, Starter fare with Max bundle, Business Class fare or Business Class fare with Max bundle. Club Jetstar member exclusive fare Starter fare bookings can be changed only to an available non-member Starter fare, Starter fare with Plus bundle, Starter fare with Max bundle, Business Class fare or Business Class fare with Max bundle. Re-booking You must re-book onto an available Jetstar flight. Jetstar does not hold open-dated bookings. Currency All money amounts will be charged in the currency you made your original booking. Earning Qantas Points and Status Credits, JAL Mileage , Emirates Skywards Miles and Lotusmiles Miles Qantas Points and Status Credits are not earned on Starter fares - except for Starter fares on New Zealand domestic flights. These bookings will earn Qantas Points at the Discount Economy rate. Status Credits cannot be earned on Starter fares. If you are travelling on a on a Jetstar New Zealand domestic flight that connects to an international Jetstar flight, you won’t earn Qantas Points or Status Credits unless you purchase a Starter Plus, Starter Max or Business Max bundle. Starter fares are not eligible to earn JAL Mileage , Emirates Skywards Miles or Lotusmiles Miles. Qantas Frequent Flyer Classic Upgrade Rewards Starter fare is not eligible for Qantas Frequent Flyer Classic Upgrade Rewards. Qantas Frequent Flyer Points Plus Pay – Flights on Jetstar and JAL Mileage - Additional Payments All changes or additions to your booking must be paid for with money and cannot be redeemed with Qantas Points. The amounts payable for changes or additions will be calculated by using the original monetary value of the fare (as determined by Jetstar) and as per the conditions listed in the Change Fee and Fare Difference section of these fare rules. Jetstar Conditions of Carriage JETSTAR AIRWAYS PTY LTD ABN 33 069 720 243 Conditions of Carriage (Passenger & Baggage) May 2016 1. DEFINITIONS OF EXPRESSIONS USED Airline Designator Code means the two or three characters or letters which identify particular Carriers. Authorised Agent means a passenger sales agent who is authorised by Jetstar to represent Jetstar in the sale of air passenger transportation on Jetstar services, and who holds any required licences. Baggage means your personal property accompanying you on your trip. It consists of both your Checked Baggage and Cabin Baggage. Baggage Allowance means the amount of Cabin Baggage and Checked Baggage (if any) which is included in your fare as stated in 7.1 for travel on Jetstar services. Baggage Identification Tag means the numbered baggage document issued to you that corresponds to the tag attached to each item of Checked Baggage for the purpose of identifying the Checked Baggage. Booking means the details which we or our Authorised Agent have entered in our system relating to a journey to be made by a Passenger. Booking Reference means the reference issued by us or our Authorised Agent which appears on your Ticket or Itinerary Receipt and which identifies the Booking you have made with us. Cabin Baggage (sometimes referred to as carry-on baggage, hand baggage or unchecked baggage) means any of your Baggage other than Checked Baggage you take your Cabin Baggage into the cabin of the aircraft with you. Carrier means an air carrier. Checked Baggage means that part of your Baggage (if any) which we have taken into our custody for carriage in the hold of the aircraft and for which we have issued a Baggage Identification Tag or Baggage receipt or both. Check-in Deadline means the time limit specified by Jetstar by which you must have completed check-in and received your boarding pass. Code share means a flight where the Airline Designator Code in the flight number is not the Airline Designator Code of the Carrier operating the aircraft. Conditions of Carriage means these conditions of carriage and includes the fare rules, as applicable. Convention means whichever of the following apply: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (the Warsaw Convention), the Warsaw Convention as amended at The Hague on 28 September 1955, the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975), the Guadalajara Supplementary Convention (1961), the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Montreal 28 May 1999 (the Montreal Convention), any other applicable protocols or conventions and any enabling legislation. Damage includes death of, wounding of or bodily or personal injury to a Passenger and also includes loss, partial loss, theft or other damage to Baggage arising out of or in connection with, either carriage on flights we operate or other services we provide. However, it does not include normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts. Days means a full calendar day. For the purpose of notification, the day upon which the notice is sent is not counted. Domestic Carriage means travel in which the place of departure and the place of destination are both situated in the same country and there is no stopping place outside that country. Frequent Flyer Redemption means a booking issued in exchange for the redemption of frequent flyer points. International Carriage means travel between two or more countries including any flights within those countries where they are combined with any international flights. Itinerary Receipt means a document or documents we or our Authorised Agents issue to Passengers travelling on a Booking which includes the Passenger’s name, flight information and notices. Jetstar, we, us, our for the purposes of these Conditions of Carriage means Jetstar Airways Pty Limited, ABN 33 069 720 243. Passenger means any person with a Booking who is to be carried or who is carried on an aircraft, except members of the crew. Special Drawing Rights (or SDRs) means the composite unit of currency that is the official unit of exchange of the International Monetary Fund. As a rough guide, this equates to approximately AU$1.65 or NZ$1.80 but this will fluctuate depending on exchange rates. Tariff means the fares, fare rules, charges or Conditions of Carriage that we file with airline global distribution systems, in our own reservations system, or in certain instances, with government authorities. Ticket means the document issued by Jetstar or an Authorised Agent containing details of a Booking, and includes an electronic ticket. we, us, our, ourselves see the definition for Jetstar. you, your, yourself means the Passenger. 2. WHEN THESE CONDITIONS OF CARRIAGE APPLY 2.1 Application of Conditions of Carriage Except as provided in 2.4, 2.7, 2.8, 2.9 and 2.10, these Conditions of Carriage apply wherever “Jetstar” or our Airline Designator Code “JQ” is shown on a Booking, and in any case where we have a legal liability to you in relation to your flight. 2.2 Gratuitous or reduced fare carriage These Conditions of Carriage also apply to gratuitous and reduced fare carriage (except to the extent that we have told you otherwise) and Frequent Flyer Redemption travel. 2.3 Basis of carriage The carriage of a Passenger on any flight by Jetstar is, without exception, subject to: a Booking, these Conditions of Carriage, applicable laws which may include the Civil Aviation (Carrier’s Liability) Act 1959 (Australia) and any international Conventions that may apply to the journey in question, any applicable Tariffs filed by us with regulatory bodies, any specific directions given to a Passenger in writing, or orally by Jetstar staff, and the fare rules and conditions or Frequent Flyer Redemption rules, as applicable. 2.4 Read Down If any of these Conditions of Carriage is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions of Carriage and the other conditions will remain valid. 2.5 Variation and Waiver No Jetstar employee or other person is authorised to vary any of these Conditions of Carriage. However, this does not affect our right to waive any fare rule or amount payable. A waiver on one occasion does not constitute a waiver on any other occasion. 2.6 Conditions prevail We may publish a summary of these Conditions of Carriage to assist in drawing key issues to the attention of Passengers. The terms of these Conditions of Carriage will prevail over any summary of them. Subject to 2.7, if any of these Conditions of Carriage is inconsistent with any special procedures we may have, these Conditions of Carriage will prevail to the extent of the inconsistency. 2.7 Overriding law These Conditions of Carriage do not apply to the extent that they are inconsistent with any laws that apply to your carriage. In respect of any goods or services we may provide other than carriage, certain statutory guarantees or warranties may apply for the benefit of consumers. For example, for consumers, services may come with a non-excludable guarantee or warranty that they will be provided with due care and skill. The nature and application of these guarantees or warranties will depend on the relevant jurisdiction. Nothing in these Conditions of Carriage is intended to exclude or restrict the application of such consumer laws. In respect of goods or services acquired for business purposes and not as a consumer: (a) consumer guarantees and warranties, including under the Competition and Consumer Act 2010 (Cth), a Fair Trading Act or the New Zealand Consumer Guarantees Act 1993 (NZ), will not apply where these Conditions of Carriage apply, provided that the relevant terms may by law be excluded; and (b) if a statute or other law provides a guarantee or warranty that cannot be excluded, to the extent permitted by law our liability for a breach of the guarantee or warranty will be limited to either supplying the goods or services again or paying the cost of having them supplied again, as determined by us. 2.8 Charter operations If carriage is performed by Jetstar under a charter agreement (hire arrangement), these Conditions of Carriage apply unless Passengers are advised otherwise. 2.9 Other travel arrangements If Jetstar transports you or arranges to transport you by means other than aircraft, eg. by bus, train or boat, or arranges accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these conditions of carriage, the lower limitation will apply to your non-aircraft arrangements. If we arrange travel for you on a flight with another Carrier’s Airline Designator Code, we do so only as agent for that Carrier and the other Carrier’s conditions of carriage will apply. 2.10 Code shares On some routes Jetstar offers our services together with other Carriers, placing Jetstar’s designator code (JQ) on flights operated by other Carriers under code share agreements. This means that even if you have made a Booking with us and hold a Ticket for a Jetstar flight showing ’JQ’ as the Airline Designator Code, you may travel on another Carrier’s aircraft. For a code share flight operated by another Carrier, Jetstar will advise the Passenger of the identity of the operating Carrier prior to the time of reservation. Passengers travelling on a flight operated by another Carrier may be subject to terms and conditions of the operating Carrier that differ from those of Jetstar, including those regarding: (a) check-in provided in clause 8; (b) refusal and limitation of carriage provided in clause 10; (c) restriction of acceptance of baggage, free baggage allowance and excess baggage charge provided in clause 7; and (d) for code share flights involving an airport of the United States of America, the tarmac delay contingency plan of the operating Carrier governs with respect to any tarmac delay (meaning any delay of an aircraft on the ground at any airport of the United States of America during which passengers are not allowed to deplane). 2.11 EC Directive - Package Travel and Holiday Tours (United Kingdom) This clause 2.11 applies only if you have purchased a fare for travel on our services as part of a package tour and European Community Directive 90/314/EEC on Package Travel and Holiday Tours applies. We or an Authorised Agent will, if you ask, issue a new Ticket to somebody else to replace your Ticket if: you want to transfer your booking under article 4.3 of the Directive, you prove to us or an Authorised Agent that you have satisfied the requirements of Article 4.3 of the directive and are entitled to transfer the booking, you give us or an Authorised Agent reasonable notice of your intention to transfer the booking before your date of departure of your flight, you give us or an Authorised Agent the full name, address and contact number of the person to whom you want the new Ticket to be issued, you deliver your Ticket to us or an Authorised Agent, and you pay us or an Authorised Agent a reasonable administration fee for issuing the new Ticket. 3. GENERAL 3.1 Preparing to travel You alone are responsible for making all necessary arrangements for your travel and ensuring that you comply with all laws, regulations and orders of the places you will travel to such as: finding out from relevant embassies or consulates whether you need a passport, visa or other travel document, health document or evidence of onwardtravel; obtaining those documents; obtaining inoculations; and finding out about dangers to your health and safety at your destination. If we provide assistance or information for any of the above aspects of your travel, this does not release you from your responsibility in respect of these matters. 3.2 Destination - Passenger enquiries If you are travelling overseas, you should enquire about any local issues and conditions at your destination(s) prior to commencing travel. We make no representations as to the safety, conditions or other issues that may exist at any destination. Travel advice can be obtained from various sources, including local governments, local consular offices and the website of the Australian Department of Foreign Affairs and Trade, the New Zealand Ministry of Foreign Affairs and Trade, and the United States Department of State. 3.3 Travel Insurance Because travel involves many risks, and our liability to you is limited, you may choose to purchase travel insurance, which can cover things like: changes in travel plans and travel cancellation, medical and hospital expenses, personal injury and death, delayed, damaged or lost Baggage and other items, or missed flight connections and additional expenses. 3.4 Health (a) General: We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you to fly. Before you make a Booking you should tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you fly. (b) Deep vein thrombosis (DVT) Some studies have concluded that prolonged immobility may be a risk factor in the formation of blood clots in the legs (DVT - Deep Vein Thrombosis). If you feel you may be at risk from DVT or other health problems, consult with your doctor before travel. Information on health issues can be found on our website at jetstar.com or in our in-flight magazine. (c) Pregnancy: If you are pregnant, the following precautions must be observed. For travel after the first 28 weeks of your pregnancy: you will need to carry a certificate or letter from a registered doctor or registered midwife, dated no more than 10 days prior to travel confirming: the estimated date of delivery whether it is a single or multiple pregnancy; and that there are no complications with your pregnancy For flights of four hours or more: if you are having no complications with your pregnancy you can travel up to the end of the 36th week of your pregnancy for single pregnancies or up to the end of the 32nd week for multiple pregnancies (for example, twins) medical clearance is required if you are having complications with your pregnancy For flights of less than four hours: if you are having no complications with your pregnancy you can travel up to the end of the 40th week of your pregnancy for single pregnancies and up to the end of the 36th week for multiple pregnancies (for example, twins) Medical clearance is required if you are having complications with your pregnancy If you wish to travel within seven days after delivery, medical clearance is required. Infants cannot travel for 48 hours after delivery and need medical clearance to travel between three and seven days after delivery. Please Note: We do not represent that travel is safe for you at any particular point during your pregnancy. You must seek advice from your own medical practitioner prior to your flight. The periods referred to above are only our minimum requirements Some countries place limitations on the entry of non-national pregnant women. Check with the relevant embassy or consulate before you travel to confirm any further limitations. 3.5 Privacy Jetstar collects information about you (including health information where necessary) to provide products and services to you, facilitate your participation in our and other organisations’ loyalty programs, ensure the safety and security of all passengers when travelling with us, conduct marketing activities for our and third parties’ products and services and conduct market research. We may collect your personal information from people who make or update your Booking or otherwise interact with us on your behalf, from our related bodies corporate and other Jetstar branded entities, from our service providers and from immigration, customs, border security and other regulatory authorities. Some of the information we collect is required under the Customs Act 1901 (Cth). If the information is not provided, we may not be able to provide the service requested. For these reasons, we may disclose your personal information to: our related companies, other carriers and organisations which provide services to us (such as ground handling and other travel related services, call centre operation, market research and marketing services, and services associated with complaints or security incident investigation); your employer if you are travelling for work purposes on a ticket purchased by your employer. The information disclosed to your employer may include your travel details and any information associated with your travel (such as incident reports); and others to comply with our legal obligations, including to various law enforcement agencies, regulatory authorities and governments for security, customs and immigration purposes. These parties may be located overseas including in the Philippines, Singapore and any country which you travel to or through with us or our partner airlines. Our privacy policy is available at jetstar.com and it contains more information about the above and also how you can seek access to, and correction of, your personal information. It also explains how you can complain about a breach of your privacy and how we will deal with your complaint. You can contact us by writing to Jetstar Customer Care at GPO Box 4713, Melbourne, VIC 3001, Australia. 4. BOOKINGS 4.1 When is a Booking made? A Booking for a flight is made when recorded as accepted and confirmed by Jetstar or an Authorised Agent. If you ask, we or our Authorised Agent will give you written confirmation of your Booking. We do not accept any responsibility for any loss you may incur as a result of making arrangements for travel on Jetstar through anyone other than Jetstar or its Authorised Agent. 4.2 Payment essential Even if you have a Booking for a flight, if Jetstar has not received your payment you will not be carried. 4.3 Reconfirmation Reconfirmation is not required for Jetstar flights. However, you may need to reconfirm your reservation on any other carriers on which you intend to travel. You should check the reconfirmation requirements with those other Carriers. If you fail to reconfirm when reconfirmation is required, the Carrier may decide to cancel your reservation. Unless Jetstar has advised otherwise, Jetstar does not provide for connecting flights. 4.4 Some Bookings cannot be changed Jetstar offers a choice of different fare types and bundles that are subject to different fare and bundle rules and are priced differently. Your reservation is subject to the fare and bundle rules applicable to the type of fare or bundle you choose. These are available to you at the time of booking. Please note the fare and bundle rules and in particular any change fees or restrictions that may apply. Jetstar may increase such fees or charges from time to time. If such a change will affect your existing booking, we will give at least one month’s notice of the change by updating the information page on Jetstar.com at Fees and Charges. 4.5 Specific assistance Generally we will not allow a person to travel without an accompanying passenger unless the person can travel independently, meaning that they can travel safely without assistance, supervision or both. We do not have the systems, staff or facilities required to assume responsibility for such assistance and supervision. Children requiring supervision will not be regarded as able to travel independently on the basis that they may cause a disruption or endanger themselves or others if travelling unaccompanied. However, we do provide specific assistance services to accommodate customers who need to travel with a service dog and for customers who require a wheelchair (see 5.3). If you need to use these special services please make arrangements through Jetstar Reservations. Other animals will not be carried unless required by law. Accompanying passenger means a paying Passenger who, in our reasonable opinion, can travel independently and is able to and will provide the appropriate assistance, supervision, or both, as is required for the particular customer they are accompanying. As a guide, Jetstar generally will not consider a passenger to be an appropriate accompanying passenger for a child unless the passenger is at least 15 years old. 4.6 Seat Allocation Although we will try to accommodate your seat reservation request, Jetstar does not guarantee you any particular seat. We can change your seat at any time, even after you have boarded the aircraft, including for safety, security or operational reasons. If we need to ask you to downgrade your class of travel for any reason, we will: Provide you with an appropriate refund of the fare difference (or frequent flyer points if applicable), or Provide you with a reasonable alternative flight on our services. 5. FARES 5.1 What your fare covers Your fare covers the flight(s) for you and your applicable Baggage Allowance: from the airport at the place of departure specified in your Booking, to the airport at the place of destination specified in your Booking. 5.2 What your fare does not cover Your fare does not include ground transport between one airport and another or between the airport and any other place. Meals and refreshments are not included in your fare unless the applicable fare rules provide otherwise. 5.3 Carriage of Wheelchairs and Service Dogs Your fare also covers carriage of your service dog or wheelchair, if you require one to travel. Please notify Jetstar Reservations of your requirements when you make your Booking. Limits may apply. 5.4 Non-refundable fares Some fare types are non-refundable. Please refer to the applicable fare rules for more information. Even if your fare is non-refundable, if you do not travel you may be able to claim a refund of certain charges or taxes excluding fuel and insurance surcharges. If there is a charge or tax which Jetstar collects on a per passenger basis to remit to an airport or taxing authority, and we do not have to remit that amount as a result of you not travelling, we will refund that amount to you, after deducting a reasonable administration fee (see Fees and Charges for current fees). If the administration fee reasonably incurred exceeds the amount of the refund, no refund will be paid. 5.5 Paying for your Booking You or someone on your behalf must pay for your Booking, which means that payment must be made for: the applicable fare, any other applicable surcharges, fees or taxes, and any applicable amounts relating to changes to your Booking, which may include change fees and fare differentials. 5.6 Currency You must pay for your Booking in the currency specified by Jetstar. 5.7 Charges and taxes The price of your Booking may include significant amounts of surcharges, fees and taxes. You may also be required to pay additional charges, fees and taxes not marked on the Itinerary Receipt direct to third parties. For example, airport departure charges may be levied directly on you at an international airport. Such amounts will not be marked on your Booking. If a government authority imposes or increases an unavoidable charge or tax on your carriage on a per passenger basis before you travel, we will pass on that cost to you if permitted by law to do so. 6. CHANGES 6.1 Ticket not transferable You must not give or sell your Booking to anyone else to use. Except to the extent required by law or provided under the applicable fare rules, a Booking is not transferable to another person. If someone else presents themselves to travel on your Booking and we discover that that person is not you, we may refuse to carry that person. However, if we do not discover that the Booking has been transferred and as a result carry the person or give them a refund, we are not obliged to replace your Booking or give you a refund. The applicable fare rules may permit you to change the passenger name and create a new Booking if you pay any applicable fare difference and change fees. 6.2 Booking and travel dates (a) No open Bookings Unless the fare rules provide otherwise, you cannot hold an open Booking. Your Booking must be for travel on a specific flight. (b) Frequent Flyer Redemption travel Frequent Flyer Redemption bookings are subject to the rules of the applicable frequent flyer program, which may include a booking validity period. Any changes you make to your Booking must be for a flight within the validity period, if any, specified under those rules. 6.3 Booking Reference You must keep your Booking Reference secure so that no one else can attempt to use it. 7. BAGGAGE 7.1 Baggage allowance You may carry a limited amount of Cabin Baggage without additional charge provided it complies with these Conditions of Carriage. Infants not occupying a seat do not have a Cabin Baggage allowance. Some fare or bundle types do not include any Checked Baggage allowance. Please refer to the applicable fare and bundle rules for more information. These are available to you at the time of booking. The current allowances and restrictions for Cabin Baggage and Checked Baggage are set out on our website and may change. If a change in the applicable free Cabin Baggage allowance, or in the restrictions within Jetstar’s control for Cabin Baggage and Checked Baggage, will affect your booked travel, we will give at least one month’s notice of the change by updating the Baggage section on our website, or by such other notice as is required by law. A Passenger who does not travel cannot transfer their unused Cabin Baggage or Checked Baggage allowance to any other passenger(s), including passenger(s) in the same Itinerary. 7.2 Prohibited items We will not carry, and you must not try to bring on board the following prohibited items: items prohibited from being carried on any aircraft by any applicable national or international law, regulation or order, weapons of any type (except see 7.3), items which are likely to endanger the aircraft or persons or property on board the aircraft, or items that may become or are dangerous, such as those items specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the International Air Transport Association (IATA) Dangerous Goods Regulations. Further information is available from us on request, any other items which we have identified to you as prohibited items including but not limited to items we reasonably determine are unsuitable for carriage because they are dangerous, unsafe or because of their weight, size, shape or character, or which are fragile or perishable, brief cases and attaché cases incorporating dangerous goods such as lithium batteries, animals (except permitted service animals), pyrotechnic devices, disabling devices such as mace, pepper spray, etc containing an irritant or incapacitating substance are totally forbidden. If we discover that you are carrying prohibited items, we may do whatever we consider appropriate and what is reasonable in the circumstances, including disposing of the item without notifying you. We will not be responsible for any loss or Damage caused to any prohibited items if they are brought on board despite being prohibited items. 7.3 Firearms We may agree, but are not obliged, to carry firearms and ammunition for hunting or sporting purposes as Checked Baggage. If we do, these must be packed in accordance with all applicable national and international laws and regulations. Our approval may be withheld at our sole discretion. Applications for the carriage of firearms and ammunition for hunting or sporting purposes must be submitted at least 2 working days prior to your scheduled departure date. 7.4 Restrictions on checked baggage You must not include in your Checked Baggage: fragile, delicate or perishable items, computers, items with a special value, such as money, jewellery, precious metals, silverware, negotiable papers, share certificates, securities or other valuable documents, cameras, electronic equipment, commercial goods or business documents, or passports and other travel documents. Our liability for loss or Damage to your baggage is limited (see clause 15, below). If you carry items in contravention of these Conditions of Carriage, we will use all available defences against any claim in respect of any Damage, loss or destruction of those items. 7.5 Restrictions on cabin baggage All Cabin Baggage must comply with all applicable size and weight restrictions. You must not include in Cabin Baggage knives, sharp objects or cutting implements of any kind and any length, whether of metal or other material. These items must be packed in your Checked Baggage. They cannot be carried in your Cabin Baggage or on your person. If they are, the articles will be removed and not returned. Passengers carrying hypodermic needles will need to declare them at the screening point. Where possible, the Passenger should provide documentation or identification to confirm the Passenger’s relevant medical condition. Medication should have a professionally printed label identifying the medication or a manufacturer’s name or pharmaceutical label affixed. Please contact Jetstar should you have a question. We do not accept any responsibility for items which we refuse to carry as Cabin Baggage and which are not carried as Checked Baggage. 7.6 Excess baggage (at the airport) You must not take on board more Cabin Baggage than allowed (see 7.1). Charges will apply to all Checked Baggage in excess of the Checked Baggage allowance. See Checked Baggage for current charges. Jetstar may not be able to carry your excess baggage. 7.7 Searches Jetstar, government or airport officers may: require you to submit to clothing and body searches and/or screen, require you to submit your Baggage to searches or inspections, and search or inspect your Baggage with or without you. As a result of a search and/or screen, or if you refuse to submit yourself or your Baggage to a search, we may refuse to carry you and your Baggage, and may deliver your Baggage to government or airport officers. Except as otherwise provided by the relevant Convention or other applicable law, if a search or screen causes Damage to you, or a search, screening or x-ray causes Damage to your Baggage or articles that are removed from your Baggage, we will not be liable for the Damage unless it was caused by our negligence. 8. CHECK-IN 8.1 Check-in Deadline Check in deadlines apply and may be strictly enforced. To help us get your flight away on time, ensure you are at the boarding gate by the time specified. You will not be able to check-in after the Check-In Deadlines. Arrival after these Check-In Deadlines may result in you losing the entire fare paid. The aircraft will not be held for you if you arrive late at the boarding gate. You cannot check in at the boarding gate. Please see jetstar.com for your checking in options. 8.2 At check-in All Passengers, including children, must present their Booking Reference, any necessary travel documents (see 3.1) and acceptable forms of identification at check-in. For infants not requiring their own seat, proof of age (under 2) may be required, such as birth certificate. If you do not provide necessary travel documentation and form of identification at check-in, then you may not be allowed to travel. For all international travel a valid passport with the required validity period will be required. At check-in we will issue your boarding pass and Baggage receipt for any Checked Baggage. Keep these with you throughout your travel. 8.3 If you are late If you arrive late at check-in or the boarding gate (see 8.1), you will forfeit your Booking and no refund will be paid, unless otherwise provided in the applicable fare rules, or these Conditions of Carriage, or otherwise notified by Jetstar or required by law or Convention. Except as otherwise provided in the Convention or any applicable laws, we are not liable to you for any loss or Damage you may suffer as a result of your late arrival. 9. SCHEDULES, LATE OR CANCELLED FLIGHTS 9.1 Schedules (a) Jetstar does not guarantee it will be able to carry you and your Baggage in accordance with the scheduled date and time of the flights specified. Schedules may change without notice for a range of reasons including but not limited to bad weather, air traffic control delays, strikes, technical disruptions and late inbound aircraft. Flight times do not form part of your contract of carriage with us. (b) Before we accept your Booking, we or our Authorised Agents will tell you the scheduled departure time of your flight and it will be shown on your Itinerary Receipt. We may need to change the scheduled departure time of your flight after your Itinerary Receipt has been issued. If you give us or our Authorised Agents contact information, we or they will try to let you know about any changes. In any event, prior to your flight you should check to ensure your flight times have not changed. Except as provided for by Convention or any applicable law, we will not be liable to you for any losses that you may incur if you fail to do so. (c) If, after you pay for your Booking, we make a significant change to the scheduled departure time of your flight or the flight is cancelled (except where this is due to circumstances beyond our control) and: this change means you are unable to use your Booking for its intended purpose, and we or our Authorised Agents cannot book you on another flight which you are prepared to accept; we will give you a fare refund. Unless provided for in a Convention or any applicable law, we will not be responsible for paying any costs or expenses you may incur as a result of the changed time or cancellation. 9.2 Changes due to circumstances beyond our control Where a delay or cancellation is caused by circumstances beyond our control, whether you have checked in or not, Jetstar will try to assist you to get to your destination, but will not be responsible for paying any costs or expenses you may incur as a result of the delay or cancellation, unless otherwise required by law. 9.3 No flight connections provided Unless you have been advised otherwise by Jetstar, you must collect your Checked Baggage after each individual flight. It is the Passenger’s responsibility when making Bookings to allow sufficient time between the first flight’s arrival and next flight’s departure for Baggage collection and recheck. Please see jetstar.com for more information. 10. REFUSAL OF CARRIAGE/DENIED BOARDING 10.1 Refusal of carriage Even if you have a Booking, we may refuse to carry you and your Baggage if any of the following circumstances have occurred or we reasonably believe will occur: if carrying you or your Baggage may put the safety of the aircraft or the safety or health of any person in the aircraft in danger or at risk, if carrying you or your Baggage may materially affect the comfort of any person in the aircraft, if carrying you will break government laws, regulations, orders or an immigration direction from a country to which you are travelling or are to depart from, because you have refused to allow a security check to be carried out on you or your Baggage, because you do not appear to have a Booking, if you fail to comply with any applicable law, rule, regulation or order or these Conditions of Carriage, if you fail to complete the check-in process by the required time (8.1) or fail to arrive at the boarding gate on time, because you have not obeyed the instructions of our ground staff or a member of the crew of the aircraft relating to safety or security, because you have not complied with our medical requirements (see 3.4), because you require special assistance and you have not previously made arrangements for (see 4.5), if you are drunk or under the influence of alcohol or drugs, if you are, or we reasonably believe you are, in unlawful possession of drugs, if your mental or physical state is a danger or risk to you, the aircraft or any person in it, if you have used threatening, abusive or insulting words towards our ground staff or a member of the crew of the aircraft or otherwise behaved in a threatening manner, if you have committed a criminal offence during the check-in or boarding processes or on board the aircraft, if you have deliberately interfered with a member of our ground staff or the crew of the aircraft carrying out their duties, if you have put the safety of either the aircraft or any person in it in danger, if you are not wearing footwear, if you have made a threat, because you have committed misconduct on a previous flight and we are not satisfied that misconduct will not recur, because you cannot prove you are the person specified in the Booking on which you wish to travel, because your Booking: is not paid for, has been transferred, has been acquired unlawfully, has been acquired from someone other than us or an Authorised Agent, contains an alteration which has not been made by us or an Authorised Agent, is counterfeit or otherwise invalid. if we believe you will attempt to enter a country in which you have landed as a transit passenger without permission, if you have refused to give your travel documents to a member of our staff or allowed us to copy your travel documents, or you have destroyed your travel documents during the flight. In any of the situations in this 10.1, we may remove you from a flight, even after you have boarded, without any liability on our part, and cancel any subsequent flights on us on your Itinerary Receipt. 10.2 Notice of refusal to carry you We will be entitled to refuse to carry you and your Baggage if we have notified you in writing that we will not carry you on our services. The notice will give details of the period for which it will apply and will ask you not to make a Booking or ask or allow anyone to do so for you. If you try to travel while the notice is in force, we will refuse to carry you. 10.3 Overbooking If you are denied boarding due to overbooking of a scheduled flight for which you have a Booking, we will try to get you to your destination within a reasonable time of your original scheduled arrival time. If we do not, we will provide compensation and any care required by any law which may apply or in accordance with our policy if there is no applicable law. This clause 10.3 does not apply if you fail to meet the Check-in Deadline and boarding requirements in 8.1 or we exercise our right to refuse to carry you. If we are unable to accommodate your Cabin Baggage, we may ask you if we can stow it in the aircraft hold as Checked Baggage. In these circumstances you will not be charged for the relevant Checked Baggage. 11. CONDUCT DURING FLIGHT 11.1 Obey directions To maximise Passenger comfort, safety and security, you must comply with the following requirements and all other directions of any crew member on your Jetstar flight, when on board: stow Cabin Baggage under the seat in front of you or in the overhead lockers, take care when you open overhead lockers, since Cabin Baggage may move during flight, keep your seatbelt fastened when seated, remain seated with your seatbelt securely fastened during turbulence, stay seated as directed, in particular while the aircraft is moving on the tarmac, do not operate any electronic devices including cellular telephones, laptop computers, recorders, radios, CD players, electronic games, laser products or transmitting devices, walkie-talkies, remote or radio controlled toys that could interfere with the flight. If you fail to comply with our requests in this regard, we may retain the device until the end of the flight. Hearing aids and heart pacemakers are permitted. do not smoke, if you drink alcohol, drink only in moderation and only alcohol served on your Jetstar flight as part of its in-flight bar service. Consumption of alcohol purchased prior to your flight is not permitted onboard the aircraft, use infant restraints as directed, if asked by a member of the crew acting reasonably, you must give your passport or other travel document to them for safe custody until the end of the flight; and do not behave in a manner to which other Passengers may reasonably object. 11.2 Control of Passengers We will take all reasonable steps to maintain the comfort, safety and security of all Passengers. If necessary, we may restrain you or remove you from any flight anywhere, for example if you: conduct yourself so as to endanger the safety of the aircraft or any person or property on board, obstruct, or fail to comply with any direction of, any crew member, behave in a manner to which other Passengers may reasonably object, interfere with a crew member who is performing his or her duties on board an aircraft, tamper or interfere with the aircraft or its equipment. If we offload you, you may be refused further carriage on Jetstar and may be prosecuted for any offenses committed on board the aircraft. 11.3 Diversion costs caused by unacceptable behaviour If we divert the aircraft to an unscheduled destination as a result of your failure to comply with the requirements set out in these Conditions of Carriage or your conduct described in 11.1, you must pay us the reasonable costs of the diversion. 11.4 Smoking prohibited Smoking is not permitted on any Jetstar aircraft. 12. AFTER THE FLIGHT 12.1 Collect your Checked Baggage You must collect your Checked Baggage as soon as it is available for collection. 12.2 If you cannot find your Checked Baggage If you cannot find your Checked Baggage, produce your Baggage Identification Tag to us. Only the person to whom the Baggage Identification Tag was issued is entitled to collect that Baggage. 12.3 Release of Checked Baggage by us If we have Baggage you claim is yours but you do not have the Baggage Identification Tag, we will release the Baggage to you only if you: produce adequate proof of entitlement to it, undertake in writing to us that you will reimburse us for any loss, damage or expense incurred as a result of that release, and comply with any other reasonable directions given to you by us. 12.4 Disposal of Baggage by us If you do not collect your Checked Baggage and you have not claimed it within 28 Days after your flight, we may sell or otherwise dispose of it without notifying you and without liability on our part. We are not liable for any loss you may suffer as a result of your leaving any belongings on an aircraft when you disembark (unless the loss was caused by our fault) or in the airport terminal or lounge. 12.5 If you collect the wrong bag If you pick up the wrong bag from the baggage carousel, it is your responsibility immediately to return the bag at your own cost to the baggage claims officer or airport manager at the airport where you collected it. 13. REFUSAL OF ENTRY AND FINES 13.1 Refusal of entry If you are refused permission to enter a country and if a government or government authority orders us to return you to your place of origin or remove you to another country: you must pay for any detention costs and the return or other fare, we may, at our discretion, set off any refund owing to you, including for Booked but unused flights, against the amount of that return or other fare (if unpaid), and we will not refund the fare for carrying you to the place where you were denied entry. 13.2 Reimbursement of costs If we are ordered to pay any fine or penalty at any time, or incur any expense, costs, loss or Damage ("losses") by reason of you being denied entry into any country, or because of your failure to comply with any law, regulation, order or requirement, or because of your behaviour, health or medical condition, you must reimburse us for all losses plus all legal costs and other expenses reasonably incurred. We may, at our discretion, set off any refund owing to you for Booked but unused flights against any such amounts. 14. APPLICATION OF CONVENTION AND LAWS International Carriage is governed by a Convention, where applicable, or under applicable laws where a Convention does not apply. Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) as amended (or any replacement legislation) or in the case of intra-State travel, complementary State legislation. Where your travel is wholly within a foreign jurisdiction, it is governed by equivalent legislation applicable within that jurisdiction. Our liability may be limited in respect of death or injury, Baggage or delay under a Convention or applicable laws. 15. LIABILITY FOR DAMAGE 15.1 Exclusions Other than as specified in these Conditions of Carriage and to the extent permitted by any applicable law, we exclude all liability for any costs, expenses, losses or Damage whatsoever that may arise in any way in connection with the carriage. 15.2 Negligence by you If any Damage was caused or contributed to by you, our liability may be reduced in accordance with applicable laws. 15.3 Our Conditions of Carriage These Conditions of Carriage govern our liability to you. The liability of any other Carrier involved in your journey will be determined by their conditions of carriage. 15.4 Our liability for your death, injury or delay (a) Australia Where your travel is wholly within Australia with no international sectors, it is subject to the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth) as amended (or any replacement legislation) or complementary State legislation. Our liability for your bodily injury or death is limited to AU$725,000. (b) International Carriage For any recoverable compensatory Damages up to 113,100 SDRs (about AU$185,000) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability. However, any liability we may have for Damage will be reduced in accordance with applicable law by any negligence on your part that causes or contributes to the Damage. We will not be liable for Damages in respect of death or bodily injury to the extent that they exceed for each Passenger 113,100 SDRs (about AU$185,000), if we prove that: (i) such Damage was not due to the negligence or other wrongful act or omission of us or our agents, or (ii) such Damage was solely due to the negligence or other wrongful act or omission of a third party In the case of passenger delay; (i) where the Warsaw Convention applies, we will be liable for recoverable Damage except when we can prove that we took all necessary measures to avoid the Damage or that it was impossible for us to take such measures, or (ii) where the Montreal Convention applies, we will be liable for recoverable Damage except when we can prove that we took all measures that could reasonably be required to avoid the Damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDR’s (about AU$7,700). (c) New Zealand Where your travel is wholly within New Zealand and is not International Carriage: (i) our liability for death or injury will be excluded for any Passenger who at the time of the accident has cover in respect of personal injury arising from the accident under the Accident Compensation Act 1991 (NZ)I, (ii) any liability arising under the terms of carriage (see 2.3), or at common law, or under the provisions of any Acts of Parliament, regulations, or local authority by-laws for any injury or death that is not covered by the Accident Compensation Act 1991 (NZ) will be limited to a sum not exceeding NZ$100,000 (including all legal costs), whether or not such liability was caused by our negligence. (iii) our liability for any Damage sustained by you due to delay in your carriage is limited to the amount of Damage proved to be sustained by you as a result of the delay, or an amount representing 10 times the sum paid for the carriage, whichever amount is smaller, under the Civil Aviation Act 1990 (NZ). (d) European Community If your Ticket was purchased in the European Community and your travel is from or to a point in the European Community: we will, without delay and in any event not later than 15 days after the identity of the natural person entitled to compensation has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportionate to the hardship suffered, an advance payment will not be less than the equivalent of 15,000 SDRs (about AU$24,500 or EUR17,000) per Passenger in the event of the death of a Passenger, an advance payment does not mean that we admit liability and it may be offset against any subsequent sums paid on the basis of our liability. An advance payment is not returnable unless: we prove that the damage was caused or contributed by negligence of the Passenger or the person who received the payment, or we prove that the person who received the payment was not entitled to compensation. (e) General We are not responsible for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition, except to the extent that any applicable law requires otherwise. 15.5 Our liability for damage to your baggage (a) Australia Where your travel is wholly within Australia and is not International Travel our liability for loss or Damage is limited to A$1,600 per Passenger for your Checked Baggage and A$160 per Passenger for your Cabin Baggage. (b) International Carriage Our liability for Damage to Checked Baggage is limited by the Convention except where you prove that the Damage resulted from an act or failure to act either done with the intention to cause damage or recklessly and with knowledge that damage would probably result. Where the Warsaw Convention applies, the limit is 250 francs (about AU$32) for each kilo of your Checked Baggage affected and 5,000 francs (about AU$640) for your Cabin Baggage, unless Article 25 of the Warsaw Convention applies, in which case these limits do not apply. Where the Montreal Convention applies, the limit is 1,131 SDRs (about AU $1,850), cumulative for both Checked Baggage and Cabin Baggage, unless Article 22.5 of the Montreal Convention applies, in which case these limits do not apply. In the case of Checked Baggage, we will not be liable if the baggage was defective. We will only be liable for Cabin Baggage if we were at fault. If neither the Warsaw nor the Montreal Convention applies, different limits may apply. (c) New Zealand Where your travel is wholly within New Zealand and is not International Carriage, our liability for loss or Damage is limited to NZ$2,000 per unit of Checked Baggage. We will not be liable for any loss or Damage to Cabin Baggage, unless the loss or Damage has been caused by our negligence, in which case it will be limited to NZ$2,000. If your negligence has contributed to any loss or Damage to your Baggage we may not be liable in whole or in part in accordance with applicable laws. Our liability in relation to your Baggage is governed by the Carriage of Goods Act 1979 (NZ), unless otherwise provided in these Conditions of Carriage. (d) General We will be liable only for Damage occurring during air Carriage booked on our Airline Designator Code. If we check Baggage on the flight of another carrier, we only do so as agent for that Carrier. Nevertheless, with respect to Checked Baggage, you may also have a right of action against the first or last Carrier. We are not liable for any Damage to your Cabin Baggage to the extent caused or contributed to by your negligence. We are not liable for any Damage caused by your Baggage. You are responsible for any Damage caused by your Baggage to other persons or property, including our property. We are not liable for normal wear and tear of Baggage such as small scratches, scuffs, dents and cuts. If the weight of your Checked Baggage is not recorded on your Baggage receipt we will presume it is not more than the applicable Baggage Allowance for the class of carriage. 15.6 Liability for breach of condition or warranty To the extent permitted by law, we exclude all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage. If the Competition and Consumer Act 2010 (Cth) or any similar law implies a condition or warranty that cannot be excluded, our liability for a breach of the condition or warranty will be limited to either supplying the services again or paying the cost of having the services supplied again, as determined by us in our absolute discretion. 16. CLAIMS BY YOU 16.1 Death or personal injury claims If you wish to make a claim against us relating to personal injury or death, you or your personal representative should notify us in writing as soon as possible. Where your travel is wholly within New Zealand: If at the time of the accident you have cover in respect of personal injury arising from the accident under the Accident Compensation Act 1991 (NZ), you or your personal representative should lodge a claim in the manner provided in the Accident Compensation Act 1991 (NZ). 16.2 Baggage claims If the person with a Baggage receipt receives Checked Baggage without making a complaint, it will be reasonable evidence that the Checked Baggage was delivered in good condition, unless proven otherwise. Any claim for loss of or Damage to Checked Baggage or Cabin Baggage must be made in writing within the following timeframes: Domestic Carriage: 3 days in the case of Damage to or loss or destruction of part only of an item of Checked Baggage, after the date of receipt of the remainder of the item, 21 days in the case of loss or destruction of the whole of an item of Checked Baggage from the date that the Baggage should have been placed at your disposal, and 3 days in the case of Damage to or loss or destruction of Cabin Baggage. International Carriage: 7 days in the case of Damage to your Checked Baggage, in the case of delay, within 21 days from when the Checked Baggage has been made available to you. If you miss these deadlines, you will lose any right to claim. If you wish to make a claim against us for loss or Damage to Checked Baggage or Cabin Baggage, please present the Baggage at the arrival airport. 16.3 Clothing damage Any incident involving Damage to your clothing worn or taken into the aircraft cabin must be immediately reported to our cabin crew. 16.4 Limitation of claims Unless otherwise required by law or your right to claim for Damages has expired earlier as provided elsewhere in these Conditions of Carriage, you will have no right to claim for Damages if court proceedings are not brought within two years from: the date of your arrival at your destination, the date the aircraft should have arrived, or the date on which your carriage stopped. The method of calculating the period of limitation will be determined by the law of the court where the case is heard. 17. GENERAL We are not liable for any Damage arising from our compliance with any laws or government regulations or your failure to comply with the same. These Conditions of Carriage (including any exclusion or limitation of liability) apply to and are for the benefit of our Authorised Agents, employees and representatives and agents to the same extent as they apply to us. The total amount that you can recover from us, our Authorised Agents, employees, representatives and agents will not be more than the total amount of our liability, if any. Except where these Conditions of Carriage provide otherwise, our liability, if any, is limited to proven direct compensatory Damages. Nothing in these Conditions of Carriage: except where we say otherwise, gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, or gives up any defence available to us under any laws which apply including against any public social insurance body or any person liable to pay, or who has paid, compensation for the death, wounding or other bodily injury of a Passenger. To the extent permitted by law, Jetstar excludes all liability for any costs, expenses, losses or Damages whatsoever that may arise in any way in connection with the carriage. Despite any translation of these Conditions of Carriage into another language, the English version of these Conditions of Carriage will prevail. NSW National Parks and Wildlife Service Terms and conditions for campgrounds and accommodation The use of the term “Property” refers to the campground or accommodation you are booking. All customers and guests are required to comply with all applicable legislation while on lands managed by NSW National Parks and Wildlife Service (NPWS), including the National Parks & Wildlife Act 1974 and the National Parks and Wildlife Regulation 2009. NPWS reserves the right to make amendments to these terms and conditions from time to time. You will be notified if you hold a future booking, which may be affected by these amendments. NPWS reserves the right to alter pricing at any time. Unless notified otherwise, reservation charges and cancellation terms will apply as sold at the time of booking. Terms of use Property use Use of the Property is for short term holiday stays. Any other proposed use of the Property, such as for an event or commercial purpose, or a proposed transfer of the booking, will require the prior written approval of NPWS. Please contact parks.info@environment.nsw.gov.au for further advice. Check in and check out times Check in and check out times must be adhered to. Additional charges may apply for check in or check out, other than the times specified. Unoccupied sites left vacant may only be held for 24 hours. NPWS reserves the right to use vacant sites and no refund will be provided. National park use fees The cost of your booking does not include fees such as but not limited to, vehicle entry fees and landing fees. Where fees apply, it is your responsibility to ensure you have a valid pass for the duration of your visit. Read more information on passes and fees or call the National Parks Contact Centre or the local NPWS office for the Property you are visiting. If eligible, exemption cards must be obtained prior to entering fee-collecting parks. Changes and cancellations by NPWS Unforeseen park operational issues and management obligations including but not limited to extreme weather events, fire, natural disasters may mean that the reservation cannot be provided. NPWS will try to find an alternative date that suits you. If the alternative is not acceptable to you, the reservation will be cancelled and a full refund provided, including any booking fee paid. NPWS will not be liable for any other losses you may incur as a result of this cancellation. Termination by NPWS NPWS may terminate the reservation and ask you and your guests to leave the park immediately if you or any guest or visitor at the Property during your stay: Breaches any legislation Breaches these terms and conditions Causes annoyance or nuisance to others in the vicinity of the Property; or Behaves unacceptably (including drunken or uncontrolled behaviour, offensive language, malicious or negligent use of facilities, theft or any other form of behaviour deemed inappropriate by NPWS). No refund will be provided in these circumstances. Inclement weather No refunds will be provided outside of the policy due to bad weather. If you have any concerns about whether your chosen Property has been closed, please check for alerts or call the National Parks Contact Centre. Number of guests The Property must only be occupied by the number of people specified and paid for in the reservation. Limits on the number of reservations accepted at a Property may also be enforced. In accordance with legislation, failure to comply may result in a fine. Additional occupants are subject to availability and Property limits. NPWS reserves the right to turn away occupants not identified in your reservation. No refund will be provided if a lesser number of occupants arrive to those paid for in your reservation. Unaccompanied minors and under 18 years old All guests under the age of 18 must be accompanied by a responsible adult such as a parent, step-parent, guardian or other adult who has parental rights and responsibilities for the under 18-year-old guest/s. If a customer or guest is found to be under the age of 18 and is not accompanied by a responsible adult, NPWS may immediately cancel the customer’s reservation and the full reservation amount will be forfeited to NPWS. Smoking NSW National Parks are no smoking areas. Pets Pets and domestic animals (other than certified assistance animals) are not allowed in parks. See the pets in parks policy for more information. There are some regional parks that have dog walking areas. Belongings Any monies, valuables, goods or vehicles that belong to you which are brought into the Property remain your responsibility. NPWS is not responsible for their safekeeping and will not replace damaged, lost or stolen items. Privacy Your personal information will be held and used in accordance with the OEH Privacy Management Plan and Guidelines as amended from time to time. Your responsibility You are responsible and liable for the actions of you and your guests at the Property, for the duration of the reservation. You must ensure you and all your guests comply with these terms and conditions, as well as any additional conditions specified on notices provided. You and your guests may be required to provide photo ID (including proof of age) to confirm your reservation. If you are requested to provide photo ID and you are unable or unwilling to do so, your reservation may be cancelled and no refund provided. NPWS accepts the reasonable use of the Property. We reserve the right to invoice or charge additional fees if the Property is damaged, left in an unreasonable or unsatisfactory condition, and/or Property items are broken or lost. Reservation terms and conditions The following terms and conditions apply to any reservation made for or by you on any reservation system operated by the NSW Office of Environment and Heritage (OEH) or NSW National Parks and Wildlife Service (NPWS) (ABN 30841387271). Reservations initiated through a 3rd party source may be subject to varied reservation terms and conditions. Reservation periods Customers can make reservations up to 12 months in advance and for the maximum length of stay permitted at the chosen Property. Customers wishing to make reservations for check in on the same date in 12 months’ time, can do so from 9am via the online system or by calling either the National Parks Contact Centre or the local NPWS office where applicable. Property fees and charges The Property fee will be charged in full at the time of reservation. The total fee charged will include an additional non-refundable booking fee. Changes and cancellations by you We strongly recommend you and your guests purchase comprehensive travel insurance. You and your guests should be satisfied that your chosen insurance cover fully meets your personal requirements especially in respect of inclement weather, personal injury or illness. Fees incurred due to changes to your reservation will be payable at the time of the change. Where changes result in a reduction of fees (excluding those identified as a result of a special offer), a percentage refund may be provided subject to the following cancellation policy terms and timeframes. Cancellations by you A 75% refund (with the exception of the booking fee) will be made if you cancel any part of the reservation 31 days or more prior to the first day of the reservation. A 50% refund (with the exception of the booking fee) will be made if you cancel any part of the reservation 15 to 30 days prior to the first day of the reservation. No refund will be made if you cancel any part of the reservation less than 14 days prior to the first day of the reservation or any time after. That is: 0 to 14 days: No refund 15 to 30 days: 50% refund (less booking fee) 31 or more days: 75% refund (less booking fee) All booking fees are non-refundable. Changes to dates (transfers) by you Date changes are not permitted for stays between 1 December to 31 January, each calendar year At all other times, customers are entitled to transfer the dates of the original reservation once. Any subsequent transfer requested by you will be treated as cancellation The maximum refund available on any transferred reservation should it subsequently be cancelled is 50% If eligible, reservations can be transferred to any date within 365 days of the date the transfer is requested (subject to availability). All terms and conditions still apply, transfer terms are as follows: 0 to 14 days prior to the first day of the reservation: no transfer is permitted. 15 or more days prior to the first day of the reservation: one transfer is permitted Customers must choose a date when transferring the reservation. If an alternate date is not known, the reservation will be cancelled as per the above cancellation terms. Reservations must be transferred in their entirety. Dates cannot be split into multiple reservations. Any unused portion of the original reservation will be forfeited. Reservations cannot be transferred between properties. Big W Photos Terms & Conditions Welcome to the BIG W Photos internet service (“Service“) provided to you by FUJIFILM Australia Pty Ltd, ABN 80 000 064 433 of 114 Old Pittwater Road, Brookvale, New South Wales, Australia. When you register as a member of the Service, you agree to be bound by the Terms and Conditions of the Service which are set out below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically. Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to use the Service. By entering and using the Service, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and FUJIFILM Australia Pty Ltd that you will comply with the Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access this Service or use any of its services. 1. Becoming a Member You will become a member of the Service once you have entered your name, your chosen password, your email address (which must be a genuine email address) and you have received from us by email, confirmation of your membership. Once you are a member of the Service we will enable you to use all of the photo services described on this site for members. We only permit one membership for each genuine email address. Your email address (as last notified by you to us) will be used for sending you all notices. 2. Your Password and Account You are responsible for maintaining the confidentiality of your password and account details. If you have forgotten your password you may click the link on the home page and we will email your password to you. We will keep you informed of the status of your account during your membership via your email. 3. Termination of Membership We reserve the right to terminate by notice the membership of any member where stated in these Terms and Conditions. Unless otherwise stated, we will give a member at least 2 days’ notice that we are terminating that member’s membership. If a provision of these Terms and Conditions does not specifically give us the right to terminate by notice the membership of any member who breaches that provision and a member breaches that provision, then we reserve the right to terminate by notice the membership of that member if they do not comply with our reasonable instructions to remedy the breach. Following the failure of that member to comply with our reasonable instructions to remedy the breach, we will give that member at least 2 days’ notice that we are terminating that member’s membership. That termination of membership will take effect at the end of that 2 day period. You may terminate your membership at any time by emailing or telephoning a request to do so to our customer service support team at Contact Us If membership is terminated, the member will no longer be able to access the Service and we will remove the member’s materials from the Service. We are not responsible for any loss of data resulting from removal of or deletion of materials. If we terminate membership we may at our discretion fulfil or cancel any order accepted by us prior to the date of termination. If we cancel an order we will refund any amount already paid. 4. Your Copyright Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to the Service. We reserve the right to terminate your membership for breach upon giving notice to you if this representation and warranty is incorrect. We claim no ownership rights in any images or photographs submitted to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill print orders made for your images and photographs you grant to us and to any photofinishing store or other third party engaged by us to produce the products (including fulfilling print orders of your images or photographs), a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs. You acknowledge that we have no control over the use of your images or photographs by any third party and shall not be held liable for any use, publication or copying of your images and photographs by any third party. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying by a third party. A third party is a person other than our Employees, Agents and Contractors used in providing the Service or production of the products. COPYRIGHT CLAIMS We respect the intellectual property rights of others. In the event that we receive a written complaint alleging copyright infringement by a member, we will refer the complaint to the member concerned. It is the member’s responsibility to resolve any such complaint. Should the member not resolve the complaint satisfactorily and advise us, in writing, of the resolution within seven (7) days of the date on which the matter was referred to the member (the “Referral Date“), we reserve the right, in our absolute discretion, to suspend the membership until such time as the matter is resolved. If we have not been notified within sixty (60) days of the Referral Date that the matter has been satisfactorily resolved, we reserve the right, in our absolute discretion, to terminate the member’s membership for breach immediately upon giving notice to that member. Nothing contained in this paragraph however will restrict our right to terminate the membership of a member under the first paragraph of this clause 4 due to a breach by that member of their warranty and representation that they are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which they submit to the Service. 5. Intellectual Property Rights Any trade marks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner. You should assume that all of the content made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights. We reserve the right to terminate your membership upon giving notice to you if you breach this clause 5. 6. Altering Terms and Conditions We reserve the right to change these Terms and Conditions at any time. Notice of changes to these Terms and Conditions and their effective date will be published in the Terms and Conditions section that may be accessed from the homepage of the Big W Photos website www.bigwphotos.com.au. We recommend you check that section of the website for changes each time you use the Service and before placing any order. The changed Terms and Conditions will apply to the Service and any order you place from the effective date of the change. If you do not agree with a change to these Terms and Conditions you may terminate your membership at any time as set out in clause 3. We are not responsible for any costs incurred by a member as a consequence of these Terms and Conditions changing. Should we choose to provide you with notice of alterations to these Terms and Conditions, you hereby agree to receive from us email notification of the alterations. We do not promise that we will provide you with email notice of any change. 7. Materials and Content Not Permitted on this Service Any image or photograph submitted by you to the Service is subject to our review. We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from the Service deemed to be objectionable by us or considered by us contrary to applicable laws. Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws. Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading by any store to the Service any image or photograph the content of which:- is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years; is illegal under any law or regulation at any place where images or photographs are posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct; is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person; or in our opinion reflects badly on the Service. Further, you are not permitted to use the Service:- to engage in any activities in such a manner as to expose us, or any other third person who is involved in making the Service available to you, to liability or adversely affecting the name, reputation or business or us or any such third person; to do any act that may damage or interfere with the Service network or systems or cause the quality of the Service to be impaired; or to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of the Service to be impaired. We reserve the right to terminate your membership for breach upon giving notice to you if you: submit to the Service any image or photograph that we deem to be to be objectionable or contrary to applicable laws; or use the Service in a manner not permitted by this clause 7. 8. Liability You may have rights and remedies under the Australian Consumer Law and similar laws in relation to the supply of the Service and the products. This clause 8 is subject to and does not exclude or limit any of those rights or remedies. Your accessing or use of the Service is at your own risk. You should take appropriate steps to back up materials submitted by you to the Service and to protect your computer against any damage that could result from your access to or use of the Service. The Service may not be error free or uninterrupted. We do not give any commitment in relation to the security, reliability, timeliness or performance of the Service. Neither we nor any of our Employees, Agents and Contractors involved in the creation, provision or maintenance of this Service or production of the products will be responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of data resulting from your access to or use of this Service. To the extent permitted by law, if there is any loss, damage or mishandling of your digital image by us or our Employees, Agents and Contractors who are involved in the creation, provision or maintenance of this Service or production of the products (even where due to negligence or other fault by us or those Employees, Agents and Contractors) or if unauthorised access is gained or misuse of an image is made by any third party to the extent permitted by law our liability is limited, at our option, to uploading your materials to the Service, reprinting an image for you or refund of any money paid by you to us. Except as expressly provided in these Terms and Conditions and to the fullest extent allowed by the law neither we, nor any of our Employees or our Agents and Contractors who are involved in the creation, provision or maintenance of this Service or production of the products are liable for any loss or damages of any kind arising out of your access to or use of this Service. 9. Governing Law This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia. 10. Severability If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us. 11. Entire Agreement These Terms and Conditions together with: the Big W Photos’ Returns and Refunds Process (a copy of which is available here ) and which is incorporated here by reference; and the Big W Photos’ Privacy Policy (a copy of which is available here ) and which is incorporated here by reference. constitute the entire agreement between you and us with respect to the use of the Service, the ordering of products by you through this Service and the production and delivery of those products in fulfillment of those orders. 12. Waiver The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision. 13. Delivery You should allow 10 working days for your order to be shipped to your requested delivery address by mail or store for pick-up. To the extent permitted by law we do not accept responsibility for Australia Post or other third party delivery delay or error. Please refer to item 8 Liability. 14. Returns If any product ordered by you through this Service arrives damaged, is not of acceptable quality or a problem has occurred in the production of your order you may have: rights under our Returns and Refunds Process; and additional legal rights and remedies in Australia under the Australian Consumer Law and other laws. Nothing contained in our Returns and Refunds Process is intended to exclude or limit those rights and remedies. Our Returns and Refunds Process contains details of how to contact us to address a possible claim and to sort out arrangements for the possible return of the product that is the subject of a claim. Please view our Returns and Refunds Process on this Service. 15. Privacy The privacy of your personal information is important to us. Please view our Privacy Policy, FUJIFILM Australia and Your Right to Privacy, at this Site. Should you have any questions concerning privacy, please see our Privacy Policy or contact our Privacy Officer at 02 9466 2600 or email at privacy@fujifilm.com.au. We and our Agents and Contractors who fulfil your orders for products from this Service, may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and credit card details. We and the Agents and Contractors mentioned above, will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries and create and maintain your account. We, and the Agents and Contractors mentioned above may use this information to provide you with information on your account and the products or services you purchased from this Service. We may also send you promotional information and/or special offers about products and services offered on this Service which we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information. We will pass your personal information (name, address and email address only) to Woolworths Limited trading as BIG W, ABN 88 000 014 675 of 1 Woolworths Way, Bella Vista, New South Wales, Australia 2153. You consent to Woolworths Limited using your personal information for the purpose of any issues relating to the Service requested by you. You also consent to Woolworths Limited using your personal information for the purpose of marketing products and services to you as well as to assist in planning, developing and researching product and service offerings involving the Woolworths Limited group, unless you indicate that you do not wish Woolworths Limited to use your personal information for this purpose. Woolworths Limited trading as BIG W complies with the Commonwealth Privacy Act 1988 and will only use your personal information in accordance with its privacy policy which may be located at www.bigw.com.au. 16. Definitions In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:- “Agents and Contractors” means any agents, contractors and sub-contractors of FUJIFILM Australia Pty Ltd; “Employees” means any employees, directors and officers of FUJIFILM Australia Pty Ltd; “we” or “us” or “our” means FUJIFILM Australia Pty Ltd. 17. Photo Storage The Service’s photo storage facility is known as My Photos. When you become a member of this Service you receive free storage of images for your photo albums for 12 months’ from the date of activation. Thereafter, a member will maintain free storage for their albums provided that a verified print order is made at least once every 12 months either by the member themselves or by someone with whom the member has shared their albums. From the date each verified order is received, the membership will be credited with free storage for the following 12 months i.e., the 12 months free storage period re-starts with each print order. The maximum period of free storage at any point in time is 12 months. At the end of the free storage period we may, without further notice to you, remove and/or delete your photo albums. We are not responsible for any loss of data resulting from removal and/or deletion of materials. Ben Boyd NP General Policy - All Types Terms and Conditions Full terms and conditions must be reviewed during the booking process. You will be asked to accept these conditions prior to full payment of your reservation. Bookings will be confirmed automatically, you will receive additional information within 24 hours Please contact the National Parks Contact Centre on 13000 PARKS (13000 72757) if you have not received your booking confirmation, or to request a change to your site number, subject to T&C. All requests are subject to availability. Number of Sites per Booking A maximum of 3 sites may be reserved per family. Each site will need to be processed individually if booking online. Alternatively please call the National Parks Contact Centre on 13000 PARKS (13000 72757) and an operator will process your reservation. Transfers during December & January Date transfers will not be permitted for bookings during December & January. Park Entrance Fees Park entry fees for this park are not included in your camping fees. Daily fees are payable through self-registration envelopes (cash only) at the campground. Annual passes can also be purchased online prior to arrival at http://www.nationalparks.nsw.gov.au/passes-and-fees/annual-passes Park Closures and Alerts For current updates on fire, floods, all national parks and reserves closures, please visit www.nationalparks.nsw.gov.au/alert/state-alerts APPLE INC. SOFTWARE LICENSE AGREEMENT FOR macOS High Sierra For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT http://www.apple.com/legal/sales_policies/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Services and Content Usage Rules set forth in the Apple Media Services Terms and Conditions (http://www.apple.com/legal/internet-services/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running macOS Sierra, OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. Printing from Apple Print Services is subject to the Print Services terms and conditions located at: http://www.apple.com/internetservices/terms/membership_terms.html. Apple Print services may not be available for all areas. Please check the preferences and consult the user documentation for the Apple Software for more information. H. Content Caching Features. 1.  To the extent that Apple and/or its affiliates make particular software and/or content available for caching (e.g., applicable content from the Mac App Store) (“Apple Eligible Content”), certain features of the Apple Software (the “Content Caching Features”) may automatically download and locally cache such Apple Eligible Content on your Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Caching Enabled Mac”).  By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac.  You can turn off the Content Caching Features of the Apple Software at any time by going to Sharing under System Preferences on your Caching Enabled Mac. 2.  The Content Caching Features of the Apple Software are for use only on a Caching Enabled Mac you own or control and solely for purposes of expediting the delivery of such Apple Eligible Content to authorized end users within your home, company or organization.  You understand that such users may need to separately authenticate with Apple prior to receiving the Apple Eligible Content and that the expedited delivery of Apple Eligible Content through the use of your Caching Enabled Mac will not modify the terms under which you or your end users receive such Apple Eligible Content.  3.  You acknowledge and agree that all use of the Apple Eligible Content is subject to the applicable license terms that govern the type of Apple Eligible Content being cached.  These terms may include, but are not limited to, the Apple Media Services Terms and Conditions, the iCloud Terms and Conditions, the iTunes U Instructor Agreement, the iTunes U Software License Agreement, and/or the applicable licensing terms that accompanied the software being downloaded, unless the download was accompanied by its own separate license agreement in which case the latter would apply.  A list of Apple Software License Agreements (SLAs) may be found here: http://www.apple.com/legal/sla/.  You acknowledge and agree that the use of the Content Caching Features and storage of Apple Eligible Content on your Caching Enabled Mac does not transfer to you any rights beyond those granted to you in the applicable license terms for the Apple Eligible Content and shall not constitute a grant, waiver, or other limitation of any rights of Apple or any other copyright owners in any Apple Eligible Content. 4.  You are not authorized to deploy your Caching Enabled Mac with the Content Caching Features enabled on a network you do not own or control (or which you are not legally authorized to use for such purposes), or to permit access to such Apple Eligible Content from end users outside of your home, company or organization.  You agree to only use the Content Caching Features for your own personal, non-commercial use or for internal use within your company or organization, and only as expressly permitted herein.  You may not provide a service to third parties that integrates with or leverages services or information provided by the Content Caching Features or uses the Content Caching Features in any way. 5.  By enabling the Content Caching Features of the Apple Software, you agree that Apple may store, monitor, and secure the Apple Eligible Content on your Caching Enabled Mac, and may collect and use technical information about your Caching Enabled Mac and related networks, including but not limited to, hardware identifiers and IP addresses, for such purposes.  You agree not to disable, disrupt, hack, circumvent, or otherwise interfere with Apple’s verification, storage or authentication mechanisms, digital signing, digital rights management, or other security mechanisms implemented in or by the Apple Software, services, the Apple Eligible Content, or other Apple software or technology, or to enable others to do so.   6.  Apple reserves the right to stop making Apple Eligible Content available for caching on your Caching Enabled Mac (e.g., some content that you may have previously cached may not be available for subsequent caching) and to remove any cached Apple Eligible Content from your Caching Enabled Macs at any time in its sole discretion, and Apple shall have no liability to you in such event.  You understand that such caching of Apple Eligible Content may not be available in all countries or regions.  You may remove the cached Apple Eligible Content and disable the Content Caching Features at any time. I. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2I, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. J. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. K. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. L. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. M. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. N. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software). O. Compliance with Laws. You agree to use the Apple Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. P. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. Q. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. 3. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software accepts the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.13 to 10.13.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. If you obtained your license to the Apple Software from the Mac App Store or through an automatic download, it is not transferable. If you sell your Apple-branded hardware to a third party, you must remove the Apple Software from the Apple-branded hardware before doing so, and you may restore your system to the version of the Apple operating system software that originally came with your Apple hardware (the “Original Apple OS”) and permanently transfer the Original Apple OS together with your Apple hardware, provided that: (i) the transfer must include all of the Original Apple OS, including all its component parts and its license; (ii) you do not retain any copies of the Original Apple OS, full or partial, including copies stored on a computer or other storage device; and (iii) the party receiving the Original Apple OS reads and agrees to accept the terms and conditions of the Original Apple OS license. C. You may not transfer any Apple Software that has been modified or replaced under Section 2M above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. D. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Analytics, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more by visiting http://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: http://www.apple.com/legal/privacy/. 5. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest Apple Media Services Terms and Conditions or Game Center Terms and Conditions, which you may access and review at http://www.apple.com/legal/internet-services/itunes/ww/, or the iCloud Terms and Conditions which can be found at http://www.apple.com/legal/internet-services/icloud/ww/, respectively. B. If you sign up for iCloud, certain iCloud features like “iCloud Drive”, “My Photo Stream”, “iCloud Photo Sharing” and “Find My Mac” may be accessed directly from the Apple Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: http://www.apple.com/legal/internet-services/icloud/ww/. C. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information to provide and improve the Maps features and service, and other Apple products and services. Apple may also provide such information, in either an aggregated or non personally identifiable form, to its partners and licensees to help improve their map and location-based products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. D. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. E. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. F. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. G. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. H. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority. 10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 14. Third Party Acknowledgements. A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com. D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. E. AMR Notice. The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at http://www.adobe.com. 15. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. EA1490 Rev. 7/28/2017 ------------------------ Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions Apple Pay allows you to store virtual representations of credit, debit and prepaid cards, including store credit, debit and prepaid cards, which are supported by the Apple Pay feature (“Supported Cards”) and use supported Macs to initiate or make payments within websites.  The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.  Supported Cards may change from time to time. Apple Pay is intended for your personal use and you may only provision your own Supported Cards.  If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature. You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes that are prohibited by the License and these Supplemental Terms.  You further agree to use Apple Pay in accordance with applicable law and regulation.  You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). 2 Use on Macs You can use Apple Pay on supported Macs to initiate payments on websites accessed through Safari.  This feature requires you to have a Supported Card that has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments on websites access through Safari is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. Supported Devices may change from time to time. On a MacBook Pro with built-in Touch ID, you can set up Apple Pay by provisioning Supported Cards and using Apple Pay to make payments on websites accessed through Safari. In order to use Apple Pay on these Macs, you must have Supported Cards that are associated with an active iCloud account. Apple Pay is available only to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the relevant card issuer of your Supported Cards. 3 Apple’s Relationship With You Apple does not process payments, or have any other control over payments, returns, refunds, rewards, value, discounts or other commerce activity that may arise out of your use of this feature.  The terms of cardholder agreements you may have in place with your card issuer will continue to govern your use of your Supported Cards and their use in connection with Apple Pay. Similarly, your purchase of any goods or services using the Apple Pay feature will be subject to the merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your supported Mac. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions or purchases while using Apple Pay functionality; (b) issuance of credit or assessing eligibility for credit; (c) accrual or redemption of rewards or stored value under a merchant’s program; or (d) funding or reloading of prepaid cards.  For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant. 4 Privacy When using Apple Pay to initiate a payment transaction to be completed on a Supported Device, Apple Pay will transfer payment information in an encrypted format between your Mac and your Supported Device to complete your transaction. When using Apple Pay to make a payment transaction on a MacBook Pro with built-in Touch ID, your payment information will be provided in encrypted format to the website as part of that transaction. When adding a card to Apple Pay on a MacBook Pro with built-in Touch ID, information about your device, such as whether certain device settings are enabled and device use patterns (e.g. percent time device is in motion, approximate number of calls per week), will be sent to Apple to determine your eligibility and to prevent fraud. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy (which can be accessed by going to Wallet & Apple Pay on your iOS device or Mac, or within the Watch app on a paired iOS device). You can learn more about how Apple protects your personal information by reviewing our Privacy Policy at www.apple.com/privacy/privacy-policy/. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 5 Security Apple Pay stores virtual representations of your Supported Cards, and you understand and acknowledge that providing your device passcode or password to a third party, or allowing a third party to add their fingerprint to use Touch ID on your Supported Device or Mac, may result in their ability to make Apple Pay payments within websites on your Mac.   You are solely responsible for maintaining the security of your devices and the applicable passcodes and passwords.  You agree that Apple does not have any responsibility if you lose or share access to your device, or if you make unauthorized modifications to macOS. If your device is lost or stolen and you have Find My iPhone or Find My Mac enabled, you can use Find iPhone or icloud.com to attempt to suspend the ability to pay with the virtual Supported Cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual Supported Cards on the device. You should also contact the card issuer of your Supported Cards in order to prevent unauthorized access to your virtual Supported Cards. If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe. 6 Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. Melbourne Airport Wi-Fi Access: Terms Of Use About Melbourne Airport Wi-Fi Access Welcome to a Melbourne Airport Internet Hotspot (Hotspot). Hotspots are provided to you by Australia Pacific Airports (Melbourne) Pty Ltd (ABN 62 076 999 114) (Melbourne Airport) in Terminal 2, Terminal 3 and Terminal 4 areas that are enabled with a wireless local area network. Terms governing your use of the Hotspot Access to and use of this Hotspot is subject to these Terms of Use (Terms and Conditions). This includes, as applicable, the additional terms which apply to the free and paid Wi-Fi services, which are located at the end of these Terms and Conditions. Melbourne Airport may at any time revise these Terms and Conditions. Since you are bound by these Terms and Conditions each time you access and use a Hotspot, you should carefully review these Terms and Conditions each time you do so. If you do not agree to these Terms and Conditions, you may not access or use this Hotspot. For the purposes of these Terms and Conditions, any reference to "you" or "your" includes but is not limited to the owner and authorised user of the wireless enabled device used to access this Hotspot. Connecting to the Hotspot Each Hotspot location can only support a limited number of users accessing the Hotspot at any one time. Melbourne Airport does not warrant or represent that you will be able to access and/or use the Hotspot immediately or each time you visit a Hotspot. You are responsible for providing your own computer or mobile device (which must be a wireless enabled device) that is capable of accessing a Hotspot with its own power source. Melbourne Airport does not provide power, information technology advice or assistance to any user of the Hotspot. You must not use the Hotspot under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device. Melbourne Airport does not guarantee that the Hotspot will be compatible with any devices or software which you may use to connect to the Hotspot. Speed and Reliability of the Hotspot The speed and throughput of each Hotspot will vary depending on a number of factors, including but not limited to: The capabilities of your wireless enabled device; the physical location of the wireless access points within Melbourne Airport; Hotspot user traffic during time of access, general internet congestion, wireless signal interference and the location of your wireless enabled device within Melbourne Airport whilst accessing the Hotspot. Melbourne Airport will use reasonable endeavours to provide you with a reliable, stable and secure access to the Hotspot but, subject to the Statutory Guarantees referred to below, does not promise that the access to the Hotspot will be continuous, fault-free, secure or accessible. Melbourne Airport advises that this Hotspot access is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow. Melbourne Airport will use reasonable endeavours to monitor and attend to any Hotspot faults, malfunctions or other problems associated with the Hotspot access but, subject to the Statutory Guarantees, will not be liable if such faults, malfunctions or problems occur with the Hotspot and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Hotspot at all or within any specified timeframe. User Obligations and Limitations The Hotspot is intended to be used in a fair and "community-minded" manner. To this end, Melbourne Airport may, in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the Hotspot. Without limiting its rights, Melbourne Airport may block or limit access to websites and/or content that Melbourne Airport considers are not "family friendly" or may bring negative exposure or harm to Melbourne Airport's reputation and/or brand. This includes but is not limited to websites and/or content that: * could cause Melbourne Airport to be in breach of any law or any code or instrument which governs its conduct or to incur a liability to any third person or entity; * could interfere with the integrity and/or performance of the Hotspot or any of Melbourne Airport's other networks or equipment; * depicts, alludes to or promotes offensive or illegal behaviour; * is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; * harasses or advocates harassment of another person; * exploits people in a sexual or violent manner; * contains nudity, violence, or offensive subject matter or which may contain links to adult websites; * promotes conduct that is abusive, threatening, obscene, defamatory or libelous; * promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications); * involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming"; * furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; * contains any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; or * uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content. You must comply with all directions issued by Melbourne Airport relating to use and access to a Hotspot. Access to and use of websites and/or content via the Hotspot is also subject to such websites and/or content passing through the firewalls, anti-virus and other managed security systems prior to the Internet pages being delivered to your wireless enabled device, and which are determined and set in Melbourne Airport’s sole discretion. Suspension and Termination We may immediately suspend, terminate or limit your access to the Hotspot if: * you are in breach of these Terms and Conditions; * you attempt to manipulate or bypass any limitations of the Hotspot by any means; * you behave in a vexatious, illegal, inappropriate, or unsociable manner (whether in Melbourne Airport itself or as a user of the Hotspot); * we believe on reasonable grounds that there is a real risk of serious loss or damage to Melbourne Airport or a third party if we do not suspend, terminate or limit your access; * there is an emergency; or * there is an unusually high use of a Hotspot. Automatic Logging Out You will automatically be logged-out of the Hotspot if your access to the Hotspot is suspended or terminated by Melbourne Airport in accordance with these Terms and Conditions. If you are in the process of downloading a file and you are automatically logged-out of the Hotspot, your partially downloaded file will not be saved or recoverable. Subject to the Statutory Guarantees, Melbourne Airport is not liable for loss of your files or data and recommends that you save your work regularly whilst using the Hotspot and/or take the necessary precautions to prevent such occurrences. Security The internet is an inherently unsecure communication medium. Whilst Melbourne Airport will use reasonable endeavours to provide secure access through this Hotspot, it cannot guarantee the security of the Hotspot at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Hotspot and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times. Privacy Melbourne Airport is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. Melbourne Airport will only collect, use, hold and disclose your personal information for the purposes of delivering the Hotspot in accordance with applicable legislation, these Terms and Conditions and Melbourne Airport's privacy policy (which can be accessed at www.melbourneairport.com.au by clicking the privacy policy link). By accepting these Terms and Conditions, you agree to Melbourne Airport collecting, holding and disclosing the following information: * the answers to any survey questions you provide in order to access the Hotspot; * information regarding your web browser type and/or operating system information as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device; * Your first name, email address and postcode; * Location data at Melbourne Airport; * the IP and MAC address of the wireless enabled device that has accessed the Hotspot. Melbourne Airport is not in any way responsible for the collection, storage, disclosure or use of your personal information by any third party (including but not limited to any website that you access and/or use through the Hotspot). You are solely responsible for checking the terms of use and privacy policy of each website you visit on a case by case basis and determining whether you accept such terms of use and privacy policies. If you have any queries regarding Melbourne Airport's collection and/or use of your personal information, you may visit the www.melbourneairport.com.au and click the privacy policy link. Intellectual Property These Terms and Conditions and any pages via which you access a Hotspot may contain material which is subject to intellectual property rights, including copyright. You acknowledge and agree that Melbourne Airport either owns or licences all such intellectual property rights and that nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights to you. To the extent necessary, Melbourne Airport grants to you a non-exclusive, non-transferable and revocable licence to access and use the Hotspot and any related intellectual property rights, subject to these Terms and Conditions. Limitation of Liability Your use of a Hotspot under these Terms and Conditions may be subject to certain guarantees, warranties, terms and conditions imposed by the Australian Consumer Law set out in the Competition and Consumer Act 2010 (as may be amended from time to time) which that law expressly provides may not be excluded, restricted or modified (Statutory Guarantees). Nothing in these Terms and Conditions excludes, restricts or otherwise modifies the Statutory Guarantees. Subject to the Statutory Guarantees, your access to and use of this Hotspot is entirely at your own risk, Melbourne Airport makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and Melbourne Airport specifically disclaims any liability or responsibility for any Hotspot faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Hotspot. Subject to the Statutory Guarantees, neither Melbourne Airport nor any other party involved in delivering the Hotspot is liable for any direct, incidental, consequential, indirect, or punitive losses or any loss of profit, revenue or data arising out of your access to, or use of, or inability to use or access, the Hotspot for any reason whatsoever, even if Melbourne Airport has been notified or advised of the possibility of such damages. Melbourne Airport assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable to you in respect of your use of any third party proprietary software. Subject to the Statutory Guarantees, Melbourne Airport assumes no responsibility, and shall not be liable for, any damage to, or viruses or other harmful code that may infect your computer or mobile device or other property on account of or in connection with your access to or use of the Hotspot. Melbourne Airport is not responsible for the content of any website accessed or used via the Hotspot. Your access to and use of any website or network connection whilst using the Hotspot is entirely at your own risk. Indemnity and Release You agree to indemnify, release and hold harmless, Melbourne Airport and its personnel, employees, agents and representatives, from and against all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your use of a Hotspot or breach of these Terms and Conditions. FREE Wi-Fi Access The terms in this section will only apply if you are accessing a free Hotspot at Melbourne Airport. For more information about Melbourne Airport Free Wi-Fi please click here. You may utilise the Melbourne Airport free Wi-Fi service for a continuous period of up to 3 hours. After this time, you will automatically be logged-out of the Hotspot but (subject to you being able to access a Hotspot) you may log in again and begin a new session. InterCity Terms and Conditions Animals We are unable to carry animals on board our vehicles. Guide dogs and other certified service dogs are the only exception. Certified service dogs are welcome on board, subject to the terms and conditions on our special assistance page. Smoking Under the provisions of the Smoke Free Environments Act (1990), bus services are required to be smoke-free, including on-board restrooms, where provided. Smoking of any kind, including e-cigarettes or vapes, is prohibited. Passenger Ability Passengers must be able to stand unaided when boarding and disembarking the bus. Passengers who require somebody to lift them on and off the bus must arrange for this assistance at pick-up and drop-off points. For health and safety reasons, drivers are not permitted to participate in carrying of passengers. Passengers are advised that InterCity operates vehicles designed for long distance travel, and that these bus may feature steps into the bus as well as internal stairways to passenger seating areas. One Dollar Fares / Free Seats At least one $1 fare will be available on every InterCity operated service. Services operated in other liveries and carrier codes are not applicable. $1 fares are non refundable. Where applicable, "Free Seat" offers will substitute $1 fares. Find out more about getting a $1 fare. Booking Fees A booking fee of $3.99 applies to all online reservations and is non-refundable. Failure to Join services If a passenger fails to join a service, their entire booking including any connecting bus, train or ferry services will be automatically cancelled. Seats While InterCity does not allocate seats, the driver may ask you to move to another seat so that families and groups, particularly those with children, can sit together. We ask that you comply with this request. InterCity Rewards To qualify for InterCity Rewards dollars you must be a New Zealand resident. InterCity Transport Pass products (FlexiPass, TravelPass, Flexitrips, Commuter Pass) do not earn Rewards dollars, and Rewards dollars cannot be used to purchase InterCity Transport Pass products. Infants Infants must travel with an adult parent or guardian over the age of 18. For safety reasons, each adult may only accompany a maximum of one infant. Infants are free of charge if they are carried on the adult's lap (seats are not allocated to infant fares). Passengers who wish their infants to travel in a car seat or capsule must book an additional seat using a Child or Non Refundable fare. Please note that InterCity does not provide child seats and cannot guarantee buses will be equipped with seatbelts. Unaccompanied Minors A minor is deemed by InterCity Group to be someone aged 7 - 12 inclusive. A minor is deemed to be unaccompanied if they are not accompanied by a person over the age of 18 years. No child less than 7 years old may travel alone. InterCity Group will carry unaccompanied minors on InterCity and Newmans Coach Lines direct services only, provided that when purchasing the ticket all the required details were completed and the terms and conditions were agreed to. If the ticket was purchased with an agent, the person purchasing the ticket will be asked to provide required details and agree to the terms. This information will be sent to our contact centre and logged with the driver. If purchasing the ticket online, the details will be collected in the booking process and the terms must be accepted before proceeding to checkout. The information will be accessed by the contact centre and then logged with the driver. If an unccompanied minor arrives at the bus and the driver does not have a record from the contact centre, the child will not be permitted to travel unless the guardian is present to complete a form at that time. Overnight services For safety reasons, persons under 16 years cannot travel on any sector of the InterCity overnight service between Auckland & Wellington (or vice versa) unless they are accompanied by an adult over the age of 18 years. This policy applies to service numbers 6503, 6504, 6505 and 6506. Timetables Timetables published by InterCity Group (NZ) Limited (InterCity) or the operators of InterCity (together, InterCity Group) are indicative only. InterCity Group reserves the right to alter prices, timetables, routes and sightseeing stops without notice. InterCity reserves the right to operate services in non-InterCity branded vehicles. If travelling to an airport or connecting with airport services, passengers should allow at least 90 minutes between the scheduled arrival time of their bus service and their flight’s check-in time, as InterCity cannot be held responsible for missed flights resulting from delays. If a bus service is missed due to inbound flight delays, no refunds or transfers are available and a new ticket must be purchased. We recommend ensuring appropriate travel insurance to cover unforeseen events. Tickets Only the person named on the ticket is permitted to travel. Tickets may be resold if the purchaser is unable to travel. However the ticket may not be resold for more than the original purchase price and the passenger name must be changed on the reservation (amendment fees may apply). Any tickets found to have been resold for more than the original purchase price will be cancelled without notice and no refund will be provided. Transport Passes InterCity does not issue any refunds on unused hours, trips or sectors. Activation will occur when any travel reservation is made against the pass. There are no exceptions to this. Multiple passengers on a single pass: If you have more than one person on a single pass then you must travel together throughout your journey. If you intend to travel as a group and need to travel on different dates please purchase individual passes for each person travelling. A $50 admin fee will be charged if you wish to split a pass once purchased. Full individual terms and conditions please visit the relevant website: InterCity FlexiPass, InterCity TravelPass Wi-Fi Wi-Fi is available on selected services and provided free of charge. If the Wi-Fi service is unavailable no refund will be issued. InterCity Mobile App By installing and using the InterCity mobile app you agree that you have read, understood and agree to our website and mobile app Terms of Use and our Privacy Policy. The app will store your details so you don't need to log in every time. Your name and contact details will be stored by InterCity and may be used to contact you about your travel or about relevant offers. We will not share your details with any other companies. Payments made via the mobile app are preauthorised before completion. The preauthorisation hold is imposed by your bank and will be removed upon completion or after a period of 10-14 days. Access to and use of InterCity Group websites and mobile apps is not guaranteed and may be restricted or blocked without prior notice for maintenance, operational or technical reasons. You may only access and use our websites and mobile apps to view the availability of our goods and services for your personal and domestic purposes, to transact lawful and authorised business with InterCity Group, and for no other purpose. You must not use our websites or mobile apps to make an unauthorised, false or fraudulent booking and you must not take any action that could interfere with the normal operation of our websites or mobile apps. Sightseeing Tours InterCity Group (NZ) Ltd, reserves the right to alter prices and timetables and to arrange alternative transport, routes or sightseeing services without notice. A booking fee of $2.99 per transaction may apply to all reservations. InterCity tour bookings are non refundable and non transferable, and do not include hotel pickups or multilingual commentary. InterCity Group products are sold subject to the conditions of the Contract and Commercial Law Act 2017, Part 5, Subpart 1, the terms and conditions published by the carrier and conditions printed on the ticket. InterCity Group and GreatSights® are not responsible for any loss or damage resulting from the purchase or use of its products or services or the purchase or use of any third party’s products or services. No refund will be made against customer failure to report prior to departure. Claims for refunds due to circumstances beyond the control of tour operators, service supplier or customer should be submitted in writing, but no later than 30 days after the date of tour departure. Refunds must be claimed within 30 days of cancellation. It is recommended that customers adequately insure themselves against cancellation charges and the possible loss of money or personal belongings. Fuel: due to the uncertainty of fuel prices, GreatSights® reserves the rights to add a fuel surcharge to any of their tours. Tour codes are shown in brackets for booking purposes. The following Great Sights® tours are operated by third parties - GS57, GS55, GS99. Participating in any of our swimming activities can be a strenuous activity. This physical activity may increase the health & safety risk for person suffering from medical condition(s) – for example stress from sudden exposure to cold water, panic or strenuous activity can aggravate some medical conditions, and certain medical conditions such as heart disease may result in cardiac arrest. Any medical conditions that may affect your swimming ability must be recorded with the master of the vessel prior to start the activity. While every effort is made to operate the Milford Sound tour in glass roof coaches, due to servicing requirements these vehicles may not always be available. All prices are in New Zealand dollars and include 15% Goods and Services Tax. For full sightseeing tour terms and conditions please refer to the carriers: GreatSights, Gray Line, awesomeNZ.com or Fullers GreatSights. Image Use/Privacy 1. The passenger acknowledges and gives consent for InterCity Group by itself or through an agent to take photographs, audio or video recordings, or other forms of recordings that capture the passenger’s image, likeness, voice, performance or all of these (“Images”) during the course of this activity / tour. The passenger acknowledges and gives consent for InterCity Group to receive and use Images of the passenger from other. 2. InterCity Group may use Images for marketing and promoting its services. The ways in which the Images will be used for marketing purposes include, but are not limited to, incorporating the Images in print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other media, platform or technology now known or to be developed for distribution around the world. The Images may be altered, modified, changed, combined or incorporated into other works. 3. The passenger has a right to request access to the passenger’s Images and to correction of those Images to ensure they are complete and not misleading. However, the passenger acknowledges that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for InterCity Group to make any changes to the Images. The passenger authorises InterCity Group to refuse the request to correction in such circumstances. Communication InterCity Group may send you an optional customer survey to the email address provided in your reservation. There is no obligation to complete this survey and you may opt out from future surveys at any time. InterCity Group may send pass customers emails containing useful information to help them manage their travel. You may opt out from future emails at any time. Right to Refuse Carriage InterCity, or any driver may at any time refuse to carry you, or remove you from any InterCity service, if: • Any of them believe in their sole discretion: - That such action is necessary for your safety, or the safety of the driver, any other passenger, luggage, or any other person; - You are under the influence of alcohol or drugs, or you are smoking, or you are behaving in a manner that is or may become dangerous, unlawful, offensive, abusive, intimidating or annoying to InterCity, a driver, any passenger or luggage, or any other person; - That such action is necessary to comply with these terms, or any applicable laws, regulations, licenses, consents or approvals; • You refuse to obey a reasonable request made by InterCity or any driver; • You cannot prove to the satisfaction of InterCity or a driver that you are the person named in the driver's log or in any other InterCity generated ticket or travel information; • You have previously committed an act of a type referred to in this section, and InterCity or any driver reasonably believes that such act may be repeated; or • InterCity has previously advised you in writing that you are not permitted to use its services. Liability InterCity Group products and services are sold subject to the Contract and Commercial Law Act 2017, Part 5, Subpart 1 and: The full terms and conditions set out on InterCity’s website (www.intercity.co.nz), and any other terms and conditions published by the actual carrier or printed on the ticket; and: Any special conditions specific to the fare type purchased. InterCity TravelPass, FlexiPass, FlexiTrip and Commuter passes, as well as train and ferry services, also carry special conditions in addition to those stated in this section. The total liability of any InterCity Group member (which includes any franchisee) or any of their contractors or agents for any cost, expense, loss or liability suffered or incurred by any passenger or other person, whether as a result of wilful default, negligence or otherwise, is limited to the lesser of: Proven direct compensatory damages (which does not include, without limitation, loss of profit, revenue, saving or business or exemplary, indirect or consequential damages); or The amount paid by the relevant passenger for the product or service. If a customer acquires or holds themselves out as acquiring InterCity Group products or services for the purposes of a business the provisions of the Consumer Guarantees Act 1993 will not apply. These terms and conditions are valid as of 31st January 2017. Expedia Rules and Restrictions We understand that sometimes plans fall through. We do not charge a cancel or change fee. When the property charges such fees in accordance with its own policies, the cost will be passed on to you. Amaroo Hotel charges the following cancellation and change fees. The room/unit type and rate selected are non-refundable. Should you change or cancel this reservation for any reason, your payment will not be refunded. No refunds will be issued for late check-in or early check-out. Stay extensions require a new reservation. Your room/unit will be guaranteed until midnight for late arrival. If you are arriving after midnight, please contact the property or Expedia.com.au so that arrangements can be made accordingly. Hotel supplier loyalty points and/or airline miles may not be awarded when booking Expedia Special Rate properties. The price shown DOES NOT include any applicable property service fees, charges for optional incidentals (such as minibar snacks or telephone calls), or regulatory surcharges. The property will assess these fees, charges, and surcharges upon check-out. This property requires that you are at least 18 to check in. Base rate is for 2 guests. Total maximum number of guests per room/unit is 2. Maximum number of adults per room/unit is 2. Maximum number of children per room/unit is 1. Maximum number of infants per room/unit is 1. This property considers guests aged 12 and under, at time of travel, to be children. This property considers guests aged 1 and under, at time of travel, to be infants. Availability of accommodation in the same property for extra guests is not guaranteed. Your credit card is charged the total cost at time of purchase. Prices and room/unit availability are not guaranteed until full payment is received. Some properties request that we wait to submit guest names until 7 days prior to check in. In such a case, your room/unit is reserved, but your name is not yet on file with the property. Unless specified otherwise, rates are quoted in Australian dollars. Expedia Website Terms of Use Website Terms of Use Last Revised on November 24, 2016 Agreement Between Customer and Expedia, Inc. Welcome to the Expedia.com.au website (the "Website"). This Website is operated by Expedia Inc., ARBN 138 063 573, a Washington corporation - of 333 108th Avenue NE, Bellevue, WA 98004, USA. This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate bookings (whether through the Website or the associated call centre) or otherwise transacting business with travel suppliers, and for no other purpose (together the “Services”). The terms "we", "us", "our", "Expedia" and "Expedia Inc." refer to Expedia, Inc., and Expedia’s affiliated companies, including Travelscape, LLC d/b/a Expedia Travel (a company incorporated and resident for all purposes in the USA whose registered office is 10190 Covington Cross Drive, Suite 300, Las Vegas, NV 89144) (together the “Expedia Companies”). The term "you" refers to any person visiting the Website and using or seeking to use any of the Services. This Website and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read these Terms of Use carefully. By accessing or using this Website, booking any reservations for travel-related products or services displayed on the Website, or contacting our call centre (“Service Centre”) representatives, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use, or book any reservations through, this Website or our Service Centre representatives. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website, and your continued access or use of this Website and the Services on and from the date it is posted to the Website signifies your acceptance of the replacement, updated or modified Agreement. The information contained on this Website constitutes an invitation to treat and is not capable of acceptance by you. Any booking made or order placed by you shall be deemed to be an offer made by you to purchase the relevant travel-related products or services subject to this Agreement and any booking or carriage conditions of the relevant supplier. You acknowledge and agree that this Agreement constitutes a valid and enforceable contract that is formed outside of Australia only once payment has been processed electronically by us. We will process your payment at a location outside of Australia using secure methods. Use of Website As a condition of your use of this Website and any of the associated Services, you warrant that: (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website or any of the Services only in accordance with these Terms of Use; (iv) you will not use this Website for any purpose that is unlawful or prohibited by this Agreement; (v) you will only use the Website and the associate Services to make legitimate bookings for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the Terms of Use that apply to the bookings you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website or to a Service Centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (vii) if you have a Website account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. If considered necessary to protect the integrity and/or security of the Website and/or the Services, we retain the right, at our sole discretion, to deny anyone access to this Website and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use. Privacy Policy: Expedia believes in protecting your privacy. As a user of this Website and any associated service or facility, such as the booking engine or Service Centre, you agree and consent to Expedia using and disclosing to third parties your contact and personal information (i.e. your name, e-mail and physical or / postal address and/or other contact details) as set out in our Privacy Policy. Please click here to review our current Privacy Policy to understand our practices. Prohibited Activities The content and information on this Website (including, without limitation, price and availability information relating to travel products and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. Accordingly, as a condition of using this Website, you agree not to use this Website, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website. In addition, you agree not to: use this Website or its contents for any commercial purpose; use another person's name, ID or password without permission or use this Website while impersonating another person; use any device, software or routine to interfere or attempt to interfere with the proper working of this Website; make any speculative, false, or fraudulent booking or any booking in anticipation of demand; copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website including, without limitation, text, graphics, button, downloads and software without the express written permission of Expedia, except where permitted by law; access, monitor or copy any content or information on this Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; take any action that imposes, or may impose, in the discretion of Expedia, an unreasonable or disproportionately large load on our infrastructure; post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time; deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization. If your booking or account shows signs of fraud, abuse or suspicious activity, Expedia may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Expedia reserves the right to take any necessary legal action and you may be liable for monetary losses to Expedia, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Expedia Customer Service. Supplier Rules and Restrictions The information displayed on this Website concerning specific travel products and services is provided to us by the relevant travel suppliers (such as airlines or hotels) or their agents (“Third Party Suppliers”).This includes, but it not limited to, information about airfare and hotel prices, rules and availability and the description of hotels and their amenities. The Expedia Companies are not responsible for such information and we rely on the accuracy of the information supplied by the relevant Third Party Suppliers. If we become aware that the information provided by a Third Party Supplier is incorrect in any way, we reserve the right to correct any information (including, but not limited to, pricing information) and amend your booking (in consultation with you) to ensure that it reflects the correct price or otherwise complies with the correct information. Additional charges may be payable by you if you wish to proceed with the affected booking. Such charges will be advised to you at the time of consultation. Additional terms and conditions imposed by the Third Party Suppliers may also apply to your booking and purchase of travel-related products and services, and we will advise you of these additional terms and conditions where the relevant Third Party Supplier provides them to us. Please read such additional terms and conditions carefully. You agree to abide by the terms and conditions imposed by any Third Party Supplier with whom you elect to deal, including, but not limited to, terms and conditions relating to the payment of all amounts when due, and compliance with the relevant Third Party Supplier's rules and restrictions regarding availability and use of products or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Third Party Supplier's rules and restrictions may result in cancellation of your booking(s), in your being denied access to the applicable travel services and/or activities, in your forfeiting any monies paid for such booking(s), and/or in our debiting your account for any costs we incur as a result of such violation. The Expedia Companies do not operate or control the travel-related products and services displayed on the Website. Nor do the Expedia Companies act as co-vendors with Third Party Suppliers with whom our customers book travel products or services. Sort Order: As travelers shopping on our site, you have many options to help you find the perfect hotel, flight, car rental, cruise or activity. The “sort” settings allow you to order search results to your preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow you to include or exclude various options to suit your travel needs. If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below: Lodging: Our default sort order reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (for example, if you sort by price or by star rating), we will order properties with similar results based on the factors above. Flights: Our default sort order is based on lowest price. In cases where two flights have the same price, the shorter flight is listed first. Car Rental: Our default sort order is primarily driven by price, but we may consider other relevant factors such as popularity, customer reviews, convenience of pickup location, and car type or category. Cruise: Our default sort order is based on a number of relevant factors such as cruise line rating, ship rating, price per day, origin rating, destination rating, length of cruise, and booking window. Activities: Our default sort order is manually curated by Expedia’s destination managers familiar with each market, taking into account such factors as price, popularity, distance from hotel options, and traveler feedback. Vacation Packages: When combining several different travel products into a vacation package, we use the criteria outlined above to determine the sort order for each product. Additionally, we continually optimize our service to provide you with the best experience. Accordingly, we may test different default sort order algorithms from time to time. Fares & Prices: Expedia may offer you the opportunity to book a reservation for a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes you to make changes to the other flight, you will be responsible for any fees incurred for making changes to the unaffected flight. Subject to the Note below, you acknowledge and agree that your credit or debit card will be charged by the Expedia Companies or the supplier(s) with which your booking is made (as applicable) for the total booking price of the travel services in full at the time of the booking. This is the price displayed on the Website, plus taxes and service fees (where applicable). Airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. Prices and fees for some low-cost flights originating overseas, or additional baggage fees for certain airlines, may be in another currency (e.g. EUR), for which we will provide an estimate for in the default currency of this Website, or selected preferred currency (if applicable). The actual amount charged by the low-cost carrier may slightly differ due to varying exchange rates applied by different card issuers. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. Expedia is not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees. Accommodations: Some accommodation providers may require you to present a credit card or cash deposit upon check-in to cover any additional expenses that may be incurred during your stay. You are responsible for the payment of any additional expenses and any deposit taken or amounts charged to your credit card by the relevant accommodation provider are unrelated to any payment made through the Website for your hotel booking. Note: In the event that you book a reservation for accommodations (with the exception of prepaid hotel accommodation as set out below), you acknowledge and agree that all charges, taxes and other costs relating to your booking are payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). Expedia is not liable for any costs incurred due to relocation. Pay Online Now or Pay Later at Hotel: With certain hotels, you may be presented with the option to pay online now ("Pay Online Now") or pay later at the hotel ("Pay Later at Hotel"). If you select the Pay Online Now option, your credit card will be charged by one of the Expedia Companies (for example, Travelscape) immediately. If you select “Pay Later at Hotel”, the hotel will charge your credit card in the local currency at the time of your stay. Please note that for a Pay Later at Hotel booking, tax rates and foreign exchange rates could change in the time between booking and stay. Your credit card provider may also charge a foreign currency conversion fee. Additionally, please note that our coupons may only be applied to Pay Online Now bookings. If you are a business traveller and book using the Pay Online Now option (where available), you will not receive a tax invoice for your booking. Some of the Expedia Companies are not required to issue tax invoices for the Pay Online Now option. If you book using the Pay Later at the Hotel option, you should receive a tax invoice from the hotel at the time of your stay. If you require a tax invoice, we recommend that you book using the Pay Later at Hotel option (where available). Pay Later at Hotel (Postpaid Hotel Reservations): Pay Later at Hotel is a postpaid hotel reservation. In the event that you book a postpaid hotel reservation, you acknowledge and agree that the total quoted price will be payable by you to the accommodation provider at the time requested by the accommodation provider (usually upon check-in or check-out from the accommodation). The accommodation provider may charge you additional costs for expenses incurred during your stay. If you wish to cancel or change your booking, you must notify us within the cancellation policy period applicable to the relevant hotel (which varies by hotel), or you will be charged the full cost of your stay. In the event you do not show up for the first night of the booking and plan to check-in for subsequent nights in your booking, you must confirm the booking changes with us no later than the date of the first night of the booking to prevent cancellation of your booking. You are responsible for any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of bookings after they are made, as indicated in the rules and restrictions for the hotel booking. Pay Online Now (Prepaid Hotel Reservations): Pay Online Now is a prepaid hotel reservation. In the event that you book a prepaid hotel reservation, you acknowledge that the Expedia Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations for Pay Online Now bookings. You also acknowledge that the Expedia Companies provide you services to facilitate such booking of reservations for a fee (the "facilitation fee"). For certain bookings within the United States and Canada, for instance, the room rate displayed on the Website is a combination of the pre-negotiated room rate and the facilitation fee retained by the Expedia Companies for their services. For some prepaid hotel reservations, one of the Expedia Companies, such as Travelscape, may be the facilitator of your room reservation and also the merchant of record for your Pay Online Now booking. You authorize the Expedia Companies to facilitate reservations for the total reservation price, which includes the room rate displayed on the Website, plus any tax recovery charges, service fees, and where applicable, taxes on the Expedia Companies' services. You agree that your credit card will be charged by an Expedia Company (for example, Travelscape) for the total reservation price. Upon submitting your reservation request you authorize the Expedia Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Expedia Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that the Expedia Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Expedia Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Expedia Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc., in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Expedia Companies for their services vary based on the amount and type of hotel reservation. Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay. You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation (which vary by hotel). If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, the full cost of your stay will be non-refundable. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you incur. Some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to make payment at the time of booking via a debit to your nominated credit or debit card. The amount charged will be the amount shown on our booking page prior to you clicking the Pay Online Now button on that page. Upon submitting your booking request, you authorize one of the Expedia Companies, (for example, Travelscape), to facilitate the relevant hotel booking, including making payment arrangements with the relevant hotel supplier. Room Limit: You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must contact Expedia’s group travel specialists by phone or by filling out the group travel form online. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a non-refundable deposit. Expedia Secret Saver Bookings: When available, we may display additional discounted hotel booking options on the Website. These hotels, called Mystery Hotels, are different from other hotels displayed on the Website in several important ways. The name and exact address of the hotel are not shown until after payment has been made for the booking. All bookings are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the booking. Room type will be determined by the hotel based on the number of guests provided at time of booking. All bookings are booked for stays in non-smoking rooms (subject to availability). Hotel room assignments are determined at check-in and upgrades are not available. The maximum number of Mystery Hotels rooms that can be booked at one time is six. All Mystery Hotel rooms will be booked under the same name, and the guest under whose name the booking is made must be present at check-in. Mystery Hotels are not eligible for hotel reward or club programs. Upon check-in, guests must present a valid ID and credit card in their name (the amount of available credit required will vary by hotel). Debit cards may not be accepted. Special Deals: From time to time, special deals or vouchers may be displayed on this Website. Such special deals and vouchers are available for a limited time only. You must check with us as to whether a special displayed on this Website is still available. Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Website or the third party provider of the special deal to determine whether any particular terms and conditions apply. Booking, Cancellation and Amendment Charges: If you want to change any details of your itinerary booked through the Website or the Service Centre (such as changing to a different hotel or changing your departure date or airport), we will do our best to help but cannot guarantee that changes will be permitted by the relevant Third Party Supplier. You should call our Service Centre on 1800 796 316. Requests for a refund of monies paid for any travel products or services booked through the Website or the Service Centre will be governed by the terms and conditions of the relevant Third Party Supplier, and Expedia is not responsible for, and does not have any control over, such terms and conditions. In particular, you are advised that many airfares are non-refundable and you must check the terms and conditions applicable to the relevant airfare before proceeding with the booking. We do not charge an amendment fee for changes made by you on any bookings except air bookings, where we do charge an amendment fee. However, the relevant Third Party Supplier may charge a fee in connection with any changes, which will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the products or services. Payments and Fees: Many bank and credit/debit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a booking made on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank. Currency Converter: Because in certain instances we receive the price from our suppliers in a foreign currency, the price displayed in search results may vary by a nominal amount from the price displayed at checkout due to the effect of foreign currency conversion. This amount will not exceed 10 Australian cents. The actual amount charged to your credit or debit card is the amount displayed at checkout. If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the Expedia Companies and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes. Frequent Flyers/Traveller Program: If you are a member of an airline's or hotel's frequent travel or other reward or benefit scheme, please ensure that you have entered your correct program number in the special section featured in the booking engine at the time of your booking. Neither Expedia, Inc. nor any of the other Expedia Companies accept any responsibility if the relevant airline/hotel does not accept or does not register your booking for their program and you cannot earn points/miles. You are advised to retain copies of your boarding pass and any other proof of travel/purchase. Passports, Visas and Travel Documentation: It is the responsibility of the traveller to ensure that he or she: (a) complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling; and (b) checks in by the required check-in time. As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience. Passports are required for all travellers departing Australia, and for international travel generally. Many countries require that foreign nationals entering hold a passport that is valid for a minimum period after you enter that country, typically 6 months. When purchasing air travel, the name on the passport must match the name on the ticket otherwise you may not be able to travel and insurance may be invalid. If, after purchasing products or services but before traveling, any member of your party changes their name you must notify the relevant carrier or us immediately so that the necessary changes can be made to your documentation. It is the responsibility of the traveller to obtain information and advice on the visa requirements of the destinations you propose to visit. Australian citizens should contact the nearest embassy, high commission or consulate of the country you intend to visit well in advance of travel. Requirements may change and you should check for up to date information before booking and departure. We urge customers to review travel prohibitions, warnings, announcements and advisories issued by the relevant governments prior to booking travel to international destinations. The above information and any links are provided in good faith but should be treated as a guide only. Passport and visa regulations can change and it is your responsibility to ensure that you possess the relevant travel documents before you travel. It can often take some time to obtain a passport and/or visa, so you are advised to apply in plenty of time. We accept no responsibility in any regard in relation thereto including, without limitation, for customers who do not possess the correct travel documents. The Australian Department of Foreign Affairs and Trade or any of its successors may be able to provide some assistance in relation to the passport and visa requirements for your destination. Travel Destinations: Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government's travel advisory and consular assistance service website currently located at http://www.smarttraveller.gov.au. Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. By offering reservations for travel products to particular international destinations, the Expedia Companies do not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations. Reviews, Comments, Photos and Other Submissions: We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, suggestions, comments, ideas or the like contained in any submissions (collectively, "Submissions") you grant to the Expedia Companies and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the "Expedia Affiliates"), a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: (a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that the Expedia Companies may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You further grant the Expedia Companies the right to pursue at law any person or entity that violates your or the Expedia Companies’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Expedia Affiliates or any of our partners or licencees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published. If you do not accept these Terms of Use, please do not provide us with any Submissions. You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that the Expedia Companies have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use. From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative. Expedia claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites. All photos submitted are subject to our Photo Submission Guidelines available below: https://www.expedia.com.au/p/info-other/community-guidelines.htm Complaints: We will try and settle any complaints quickly and fairly and all correspondence should be sent to Attn: Customer Service Expedia, Inc 333 108th Avenue NE Bellevue, WA 98004 Disclaimer: To the maximum extent permitted by law, the Expedia Companies and their Third Party Suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the Expedia Companies. All such information, software, products, and services are provided "as is" without warranty of any kind. To the maximum extent permitted by law, the Expedia Companies and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent by the Expedia Companies and/or their respective suppliers are free of viruses or other harmful components. To the maximum extent permitted by law, the Expedia Companies and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The information, software, products, and services published on this Website may include inaccuracies or errors, including pricing errors. In particular and to the maximum extent permitted by law, the Expedia Companies do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the hotel, air, cruise, car and other travel products displayed on this Website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Hotel ratings displayed on this Website are intended only as general guidelines, and the Expedia Companies do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, the Expedia Companies and their respective suppliers make no guarantees about the availability of specific products and services. The Expedia Companies and/or their respective suppliers may make improvements and/or changes in this Website at any time. The airlines, hotels and other suppliers providing travel products or services through this Website are independent parties and not agents or employees of the Expedia Companies. The Expedia Companies, to the extent permitted by law, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Expedia Companies, to the extent permitted by law, have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia. Limitation of Liability: To the maximum extent permitted by law, in no event shall the Expedia Companies, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with any delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Expedia Companies, the Expedia Affiliates and/or their respective suppliers have been advised of the possibility of such damages. In relation to any liability which cannot be exclude by law or despite the limitation above, if the Expedia Companies or their respective suppliers are found liable for any loss or damage which arises out of or in any way is connected with any of the occurrences described above, then to the maximum extent permitted by law the Expedia Companies’, the Expedia Affiliates’ and/or their respective suppliers’ liabilities will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia in connection with such transaction(s) on this website, or (b) One-Hundred Dollars (AU$100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Expedia Companies, the Expedia Affiliates, and/or their respective suppliers. If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law our liability for breach of such warranties is limited to, at our option: in the case of products: the replacement of the products or the supply of equivalent products; the payment of the cost of replacing the products or acquiring equivalent products; in the case of services: the supply of the services again; the payment of the cost of having the services supplied again. Indemnification: You agree to defend and indemnify the Expedia Companies, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: your breach of this Agreement or the documents referenced herein; your breach of any law or the rights of a third party; or your use of this Website. Links to Third-Party Sites: This Website may contain hyperlinks to websites operated by parties other than Expedia, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Software Available on Website: Any software that we make available to download from this Website ("Software"),or through your mobile application store, including the Expedia mobile application (the "Mobile Application"), is the copyrighted work of the Expedia Companies. Your use of the Software is governed by the terms of the end user licence agreement, if any, which accompanies or is included with the Software ("Licence Agreement"). You may not install, copy, or use any Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms. For any Software not accompanied by a Licence Agreement, we hereby grant to you, the user, a personal, nonexclusive, revocable and non-transferable licence to download, install and use the Software and/or Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose. By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this licence. Please note that all Software, including without limitation all HTML code, Active X controls and other script contained on this Website, is owned by the Expedia Companies and/or the Affiliates and/or their respective suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the licence agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are not subject to U.S.A. export restrictions. Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information. Copyright and Trademark Notices: If you are aware of an infringement of any of our trademarks, please let us know by e-mailing us at hotline@expedia.com. We only address messages concerning brand infringement at this email address. Notice of Infringing Material: If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. A clear identification of the copyrighted work you claim was infringed. A clear identification of the material you claim is infringing is on the Website, such as a link to the infringing material. Your address, email address and telephone number. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on this website should be emailed to expcopyright@expedia.com for the fastest resolution. You may also send us your notice using the contact information below: Expedia, Inc. Attn: IP/Trademark Legal Dept., DMCA Complaints 333 108th Avenue NE Bellevue WA 98004 OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints. Account Termination: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Expedia has adopted a policy of terminating, in appropriate circumstances and at Expedia's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Expedia may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. Counter Notices: If material you have posted has been taken down, you may file a counter-notification. You may want to seek legal counsel prior to doing so. Please include the following details: Identification of the specific content that was removed or disabled and the location where that content appeared on Expedia’s Website. Please provide the URL address if possible. Your name, mailing address, telephone number and email address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Expedia may be found, and that you will accept service of process from the party who reported your content, or that party’s agent. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification." Sign and send to the following address: Expedia, Inc. Attn: IP/Trademark Legal Dept., DMCA Complaints 333 108th Avenue NE Bellevue, WA 98004 OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints. Patent Notices: One or more patents owned by the Expedia Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under licence of one or more patents. Other patents pending. General: Travelscape’s (d/b/a Expedia Travel) New York sales tax vendor registration number is 880392667 and its New York City hotel occupancy tax registration number is 033960. Please click here for additional information: New York State Certificate of Authority New York City Certificate of Authority Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information: http://privacy.microsoft.com/en-us/default.mspx; http://www.microsoft.com/maps/assets/docs/terms.aspx; http://www.google.com/privacy/privacy-policy.html; http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html; http://www.maps.google.com/help/legalnotices_maps.html; http://maps.google.com/help/terms_maps.html This Website is operated by Expedia, and this Agreement is governed by the laws of New South Wales, Australia. You hereby consent to the exclusive jurisdiction of New South Wales courts in all disputes arising out of or relating to the use of this Website or any bookings made or information provided through our Service Centre representatives. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this paragraph. Expedia may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Expedia Companies as a result of this agreement or use of this Website. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits out right to comply with law enforcement requests or other requirements or legal requests relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Expedia with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. Expedia Privacy Pledge Expedia Privacy Pledge Below you will find the Privacy Policy for www.expedia.com.au, a website operated by Expedia, Inc. Expedia, Inc. (“we” or “us”) complies with the National Privacy Principles set out in the Privacy Act 1988 (Cth) in relation to the collection and disclosure of information regarding individuals using and accessing this website. We understand that booking online involves significant trust on your part. We value your trust, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read this policy to learn about our privacy practices. By visiting this website, you are accepting the practices described herein. · What information we collect from you · How we use your information · With whom we share your information · How you can access your information · Your choices with respect to the collection and use of your information · Cookies and other technologies · Display of tailored advertising/Your choices · How we protect your information · External links · Transborder dataflows · Changes to this Privacy Policy · How you can contact us What information we collect from you In General. We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including but not limited to your first and last name, telephone number, postal and email addresses, fax number, and billing information (such as credit card number, cardholder name, and expiration date). We may also request information about your hotel room preferences, and frequent flyer and car rental program information. You can choose not to provide all requested information to us, but in general some information about you is required in order for you to register as a member; book travel; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site. If you do not provide all or part of the requested information, you may not be able to complete certain activities on the website. Travel Companion Information. When you make a reservation for someone else through this website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences and provide that individual with a copy of this Privacy Policy. Any access to view or change the information of your travel companion(s) will be available only through your account. Information from Other Sources. We also may periodically obtain both personal and non-personal information about you from affiliated entities, business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include: updated delivery and address information, purchase history, and demographic information. Automatic Information. We automatically collect some information about your computer when you visit this website. For example, we will collect your IP address, Web browser software (such as Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as trips viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. For more information, please see Cookies and other technologies. How we use your information We use sensitive billing information (such as cardholder name, credit card number, and expiration date) and disclose such information to our third party suppliers and vendors for the purpose of completing the travel bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection. By providing your personal information to us, you consent to the use of your personal information as described. Email Communications. We want to make it easy for you to take advantage of travel-related opportunities on our website. One way we do this is by sending you email messages that contain information about your apparent travel-related interests. For example, if you search for a flight to New York on our website and have saved your itinerary or otherwise not yet booked your travel, we may send you an email message reminding you about your saved travel itinerary or about a special airfare to New York. Similarly, if you receive an email from us about New York travel and demonstrate an interest in New York hotels by affirmatively clicking on a link about New York hotels in the email, you may receive an email about New York hotel offers or other destination information. We believe these email messages will provide you with useful information about travel-related special offers available through our site. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send. Please review " Your choices with respect to the collection and use of your information" below. With whom we share your information We may share your information with the following entities: · Suppliers, such as hotel, airline, car rental, and activity providers, who fulfill your travel reservations. Throughout this site, all services provided by a third-party supplier are described as such. We do not place limitations on our suppliers' use or disclosure of your personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through this website. Please note that these suppliers also may contact you as necessary to obtain additional information about you, facilitate your travel reservation, or respond to a review you may submit. · Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. · Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners. Therefore, we encourage you to review the privacy policies of any such business partners. · Referring websites. If you were referred to this website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on the referring websites’ use of your personal information and we encourage you to review the privacy policies of any website that referred you here. · Companies within our corporate family. We may share your personal information with our parent company and corporate affiliates, including Hotels.com, L.P.; Hotwire, Inc; and Venere Net S.p.A. This sharing enables us to provide you with information about products and services, both travel-related and other, which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They will also comply with applicable laws governing the transmission of commercial electronic communications and, at a minimum, give you an opportunity in any commercial electronic message they send to choose not to receive such commercial electronic messages in the future. · Government and Law Enforcement Agencies. We may be required to disclose your personal information to law enforcement agencies and governments around the world for security, customs and immigration purposes. For example, under U.S. Law, the U.S. Department of Homeland Security Bureau of Customs and Border Protection requires that certain travel and reservation information relating to people travelling to or via the U.S.A, known as Passenger Name Record or PNR data, be provided to it prior to arrival in, or departure from, the U.S.A. We also may share your information: · In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. · When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Service and other agreements. · In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. · As otherwise permitted by National Privacy Principle 2.1. Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information. By providing your personal information to us, you consent to the disclosure of your personal information as described above. We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular hotels and vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest. How you can access your information You can access and update your contact information by visiting this website’s Account Overview page. You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for recordkeeping integrity. Upon closing your account, we will, on request, provide you with access to the personal information we hold about you, unless there is an exception which applies under the National Privacy Principles. We may recover from you our reasonable costs of supplying you with access to this personal information. Your request to provide access to this personal information will be dealt with in a reasonable time. If we refuse to provide you with access to the personal information, we will provide you with reasons for the refusal and inform you of any exceptions relied upon under the National Privacy Principles. Your choices with respect to collection and use of your information · As discussed above, you can choose not to provide us with any information, although it may be needed to book travel or to take advantage of certain features offered on this site. · You also can add or update information and close your account as described above. · When you register as a member on this site, you will be given a choice as to whether you want to receive email messages from us about special offers. As a registered member, you can modify your choice at any time on the Account Overview page. Whether registered as a member or not, you will also be given the opportunity to unsubscribe from commercial messages in any such email we send. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your account or to your transactions on this site, without offering you the opportunity to opt out of receiving them. · You may have the opportunity on our website to provide a mobile number in order to receive day-of-travel flight alerts. You may discontinue these alerts at any time. · The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this site, you will not be able to access portions of our site. Cookies and other technologies Cookies are small data text files and can be stored on your computer’s hard drive (if your Web browser permits). This website uses cookies for the following general purposes: · To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our site each time you visit. We also may record your password in a cookie, if you checked the box entitled "Sign me in automatically next time." Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information. · To help us customize the content and advertisements provided to you on this website and on other sites across the Internet. For example, when you access a page on our website, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests. See Display of Advertising/Your Choices for more information about our online advertising practices and your choices. · To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon). The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our sites. In addition to the above cookies, we use Local Shared Objects, also referred to as “flash cookies,” on our web site. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our website. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. To find out more about flash cookies or how to disable them, please click here: http://kb2.adobe.com/cps/526/52697ee8.html. This site may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings. If you have any questions about our use of cookies or other technologies, please email us at the email address below. Display of tailored advertising/Your choices Data collected by business partners and ad networks to serve you with relevant advertising. The advertisements you see on this website are served by us or by our service providers. We also allow third parties to collect information about your online activities through cookies and other technologies. These third parties include (1) business partners, who collect information when you view or interact with one of their advertisements on our sites; and (2) advertising networks, which collect information about your interests when you view or interact with one of the advertisements they place on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on our sites and across the Internet tailored to your apparent interests. We do not permit these third parties to collect personal information about you (such as email address) on our site, nor do we share with them any personal information about you. Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here. Data collected by companies that operate cookie-based exchanges to serve you with relevant advertising. Like other companies operating online, we participate in cookie-based exchanges where anonymous information is collected about your browsing behavior through cookies or other technologies and segmented into different topics of interest (such as travel). These topics of interest are then shared with third parties, including advertisers and ad networks, so they can tailor advertisements to your apparent interests. We do not share personal information (such as your email address) with these companies and we do not permit these companies to collect any such information about you on our site. Please click here to learn more about cookie-based exchanges, including how to access information about the topics of interest associated with cookies on your computer and how to decline participation in these programs. How we protect your information We want you to feel confident about using this website to make travel arrangements, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information we collect about you. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. External links If any part of this website links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information. Transborder dataflows If you are visiting our website from Australia or from any other country outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States (where our servers are located and our central database is operated) or another country where those third parties with whom we share it as described in this Policy are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services and providing information to us, you consent to your information being transferred to our facilities and the facilities of those third parties with whom we share it as described in this Policy. Changes to this Privacy Policy We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our website. How you can contact us If you have questions about this Privacy Policy (or your travel planning or purchases), please email us using our customer service and feedback form. This Privacy Policy is effective as of June 19, 2012. Expedia, Inc., 333 108th Ave. NE, Bellevue, WA 98004 USA Review and Photo Submission Rules By posting or submitting a Review, Photos or Comments (“Content”) through this Review Submission form, you affirm and guarantee that (1) you have and will maintain all necessary rights, consents, approvals, authorizations, and licenses in and to all Content that you provide to Expedia and all information they contain in order for Expedia and its sublicensees to exercise the rights granted herein; (2) such Content does not and shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information; (3) all information contained in such Content is accurate; (4) your Content is non-confidential and non-proprietary; and (5) use of any Content you supply does not violate this Agreement and will not cause injury to any person or entity. You are fully responsible for the content you provide. By submitting photographs and/or text to this Website, you acknowledge and affirm to Expedia that your submission meets the following guidelines and requirements: Your Content is: Original – You may only submit your own writings, photos and Content. Do not submit photos or other Content that infringe the copyright, trademark, or other property right of any third party; Non-commercial – Do not submit photos that include third party trademarks, logos, branding, images of celebrities or other recognizable people, promotional materials, or any other content intended for commercial purposes; On topic – All Content must be relevant to accommodations, restaurants, locations, destinations, flights, transportation, or general travel experiences; Community/Family friendly – Do not submit any Content that is illegal, obscene, pornographic, profane, vulgar, offensive or insulting; and Do not submit any Content that invades the privacy or violates any personal rights of any person or entity to privacy and publicity. Your Content does not: infringe the copyright, trademark, or other property right of any third party; include logos, branding, promotional material, or any other content intended for commercial purposes; contain private or personal information which might identify a user; contain false or misleading information or information for which you were compensated or granted any consideration by any third party; include photos or information about children or any third parties without their consent (or a parent or legal guardian’s consent in the case of a child under 13 years of age); contain any profanity or obscenities; contain personal attacks on other individuals Contain any content that is, or may reasonably be considered to promote violence, any illegal activity or to promote discrimination (including based on race, sex, religion, nationality, disability, sexual orientation or age); make obscene, pornographic, threatening or harassing comments; make slanderous or defamatory comments or comments which are damaging to someones reputation, deliberately insulting and/or knowingly untruthful; include viruses or other harmful code that is either intended or may result in damage to the computers, systems, and services of Expedia; and/or include other information that Expedia deems in its sole discretion to be inappropriate for posting, or which otherwise violate this Agreement. License Grant By submitting Content of any kind, you automatically grant to Expedia and its affiliates a nonexclusive, royalty free, fully paid, worldwide, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) right and license to: (1) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display and perform all Content posted or submitted to Expedia by you (whether before or after the posting of these Rules) throughout the world for any purpose in any media or form now known or hereafter devised; and (2) use the name that you submit in connection with any such Content. Expedia has the right but not the obligation to monitor, edit or remove any Content or any portion thereof at any time in its sole discretion. You further grant Expedia the right to pursue at law any person or entity that violates your or Expedia’s rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. To the extent allowed by applicable law, you expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Content by us, our affiliates or any of our respective Representatives, partners, licensees or sublicensees. Expedia takes no responsibility and assume no liability for any Content posted or submitted by you. Clinical Skills Development Service Terms and Conditions Copyright © Metro North Hospital and Health Service through the Clinical Skills Development Service (CSDS) 2003 - 2017 The material on this site is subject to copyright law. Any reproduction, retransmissions or republication of all or part of any information found on this site is expressly prohibited, unless Clinical Skills Development Service has explicitly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights reserved. Disclaimer The information contained in this website is for general information purposes only. The information is provided by Clinical Skills Development Service and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Clinical Skills Development Service is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. Third Party Links Although Clinical Skills Development Service website may include links providing direct access to other internet resources, Clinical Skills Development Service is not responsible for the accuracy or content of information contained in these resources. These links are for your convenience and reference only. The linked websites are not under the control of Clinical Skills Development Service and Clinical Skills Development Service is not responsible for the contents or operation of any linked site. By making these links available, we are not endorsing third party websites, their content, products, services or the owners of these third party websites. Privacy Policy CSDS is committed to protecting your privacy and the confidentiality and security of personal information provided by you to us. The personal information you provide on this website will be used by CSDS to: Process your course registrations or bookings, which may include updating your record and profile information. Contact you in the event of cancellation. Conduct analysis or market research to identify the ongoing needs of registrants and users. Provide you with access to information about a range of current, future, associated courses or events administered by CSDS. CSDS may disclose the personal information which you provide to external service providers to whom we have contracted out functions such as printers and mailing houses, but only for the purpose outlined above. You have a right to access any personal information which CSDS holds about you (subject to the exceptions in the Information Privacy Act 2009) - please contact us if you would like to do so. To protect your privacy CSDS follows nine privacy principles. The principles deal with how we collect and handle your personal information. They are set out in the Information Privacy Act 2009. PiAustralia Terms & Conditions Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Little Bird Company Pty Ltd’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. The term ‘Little Bird Company Pty Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is Unit 13, 8-12 LEIGHTON PL, HORNSBY, NSW, 2077, AU. Our ABN is 83 137 705 803. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use: The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia. Kayak Terms & Conditions Effective as of December 4, 2015 Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing, the KAYAK website, mobile or tablet application, or any other feature or other KAYAK platform (collectively "Our Website") you agree to be bound by these terms and conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use Our Website. In these Terms, "we", "us", "our" or "KAYAK" refers to KAYAK Software Corporation, and "you" or "your" refers to you as the user of Our Website. We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website. We recommend you save and/or print out a copy of these Terms for your future reference. 1. We do not sell Travel Products Our Website is a travel search engine. KAYAK does not provide, own or control any of the travel services and products that you can access through Our Website, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g. airline) or as an agent (e.g. online travel agency). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Website is at your own risk and KAYAK does not have any responsibility should anything go wrong with your booking or during your travel. The display on Our Website of a Travel Product or Travel Provider does not in any way imply, suggest, or constitute a recommendation, adoption or endorsement by KAYAK of that Travel Product or Travel Provider, or any sponsorship or approval of KAYAK by such Travel Provider, or any affiliation between such Travel Provider and KAYAK. KAYAK hosts content, including prices, made available by or obtained from Travel Providers. KAYAK is in no way responsible for the accuracy, timeliness or completeness of such content. Since KAYAK has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g. payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. More details here. Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate. 2. Booking through KAYAK If you make a booking through Our Website for Travel Products, that booking is made with the Travel Provider named on the booking page and Our Website only acts as a user interface. Accordingly KAYAK has no responsibility for the booking or the Travel Product because KAYAK has no involvement in creating the description of the Travel Product, in defining the price and any fees, and in providing the Travel Products that you book. If you have any issues or disputes around your booking and/or the Travel Product, you agree to address and resolve these with the Travel Provider and not with us. 3. Intellectual Property We, along with our corporate affiliates, the Travel Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Website. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-KAYAK product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website. 4. Use of Our Website You may only use and register to become a user of Our Website or use Trips, if you are of sufficient legal age and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of a Trips account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your travel itineraries. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal information that is affected. If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorised access to your information or account. You may only use Our Website to search for legitimate travel deals and you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data. In addition, you agree not to do any of the following without prior express written permission of KAYAK: (i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of KAYAK pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited; (ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website; (iii) deep-link to any portion of Our Website for any purpose; (iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment; (v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website; (vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us; (vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law; (viii) use Our Website to collect or store personal data about others; (ix) use Our Website for any commercial purpose unless we've given you written permission; (x) transmit any ad or promo materials on Our Website; or We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website. Further, you can always delete your account. 5. Trips If you use Trips, you are solely responsible for the travel information and other content that you upload, transmit or share with us or others on or through Trips (collectively the "Trips Information") and you represent and warrant that you are not transmitting or sharing Trips Information you do not have permission to share. It is your job to create backup copies and replace any Trips Information you provide to us at your expense. When you provide us with Trips Information, or make a booking through KAYAK you authorise us to make copies as we deem necessary in order to facilitate the storage and assimilation of the Trips Information. By providing us Trips Information you represent and warrant that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate, and distribute that Trips Information we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, that Trips Information. You may remove your Trips Information from Trips at any time, but the license that you have granted will remain in effect. You understand that we do not control, and we are not responsible to review Trips Information. However, we reserve the right to review, edit, or delete any Trips information or your account at any time. 6. Your intellectual property rights We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise through Trips any materials that violate another person's intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to the address disclosed in Section 14. 7. Warranty disclaimer Our Website, all content and services provided on Our Website and all itineraries you obtain through Trips are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. Where permitted by law, KAYAK expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. 8. Our liability is limited We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers) to the extent permitted by law hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of Trips or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, Trips or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non performance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party. To the extent permitted by law, our aggregate liability for any and all loss or damage suffered by you as the result of your access to Our Website, your downloading of any content from Our Website and/or your use of Trips, which is not covered by the above paragraph, is limited to USD 50. Some states or countries do not allow these limitations of liability, so the limitations above may not apply or apply only partially to you as permitted by law. 9. You agree to protect us Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips or the Intellectual Property. 10. Links Our Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not adopt or endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website. 11. Air carrier rules The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flyer miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing. 12. Hacker Fare In the case of a Hacker Fare, Our Website displays search results for a combination of Travel Products, e.g. separate flight and hotel results, or two one way flights instead of a round trip. If you use these search results, you will make two different bookings with different rules and policies (for example, for baggage fees, change fees, and refunds). Any changes made to one of your bookings will not affect the other booking (for example, if your initial flight is cancelled by either you or the airline, the other airline with which you booked your return flight is not obligated to issue a refund or change your itinerary). If you are traveling internationally, you may need to provide proof that you have a return flight at check in and at immigration. 13. General requirements We may change the site and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site, including without limitation United States Patent Numbers: 8,095,536; 7,979,457; 7,917,387; 7,774,331; 7,668,811; 7,668,809; 7,627,606; 7,587,678; 7,483,883; 6,529,908. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, including Trips, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. To the extent permitted by law, the laws of the State of Connecticut (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims). If you take any legal action relating to your use of Our Website, including Trips, or these Terms, or our services, you agree to file such action only in the state and federal courts located in New Haven, Connecticut (USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled as well as to have recourse to rights provided by the consumer protection laws of such place. In any such action or any action we may initiate, the prevailing party will be entitled to the extent permitted by law to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. 14. Your Feedback We encourage you to share your comments and questions with us here, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future KAYAK products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of KAYAK. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise. Our Website is operated by: KAYAK Software Corporation 
7 Market Street 
Stamford, CT 06902, USA. Last updated: December 4, 2015 Kayak Privacy Policy Effective as of March 3rd, 2017 Information on Cookies This policy describes KAYAK’s practices regarding personally identifiable information and data (“personal information”). This policy applies to our websites, mobile applications, email and text messages, and social media accounts (the “Platforms”). When you use the Platforms, you agree to the terms in this policy. The categories of Personal Information we collect When you visit the Platforms, we may collect information from you. Some of it may be personal information. This information can include search history, IP address, screen resolution, browser used, operating system and settings, access times and referring URL. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location. If you book a travel product via the Platforms, we may need additional information from you. This information can include your name (and traveller’s name if different), passport number, email address, telephone number, credit card information, billing address, itinerary, and frequent flyer details. You can also choose to store personal information in your user account for future bookings. If you choose to register, we will collect your email address, password and home airport, and other preference information you provide us. If you choose a third-party service, like Facebook Login, to register or login, you are permitting us to use and store that information related to the account. If you make a booking on KAYAK or within our mobile applications, we may automatically create a “Trips” account for you, which will give you access to our “Trips” service, where we will collect your travel information to create and maintain your travel itineraries. This can include the personal information that may be included in the confirmation emails you give us access to. When you give us personal information, you are telling us that the information is true, accurate, complete and current. You are also telling us that you have the authorisation to provide it to us. How we collect your Personal Information We collect your personal information directly from you. For example, when you provide us your personal information when you register or book travel. We also collect your personal information passively. For example, we collect information about you over time and across different Web sites when you visit this Platform. We also use tracking tools like cookies and beacons. To learn more about these tools and how to control them, click here. We collect your personal information from third parties. This can include when you log in using a third party platform, such as Facebook. Platform features may make use of your device attributes and settings that will allow us to determine your physical location. Such technologies may include IP address mapping, WiFi, GPS signals, cell tower positioning or other technologies. We use this information to enhance and personalise your experience and provide you with offers and services that may be of interest to you. For example, we may help you find your closest hotel or send you messages that may be of interest to you based on your current location. KAYAK does not have control over your device settings, but we do recommend enabling location services on your device so you can take advantage of the location based features and functionality offered. Why we use your Personal Information To provide you and improve our Platforms and services, to better understand the users of our Platforms and services, to protect our property and to prevent damage to them. To process your bookings and store your itinerary information where applicable. To display more relevant advertising and recommendations, or suppress advertising and content that you might find irrelevant. To contact you as follows: » To send booking confirmations; » To send alerts and notifications you have subscribed to, including to your mobile device; » To solicit reviews; » When you send booking confirmations to our Trips service; » To get in touch if you contact KAYAK customer service; » To send you information servicing and administrative emails; » To send you marketing emails from a KAYAK address regarding our services or those of our partners, if you have opted-in to receive emails from us or have transacted with us, and as permitted by law. Your Choices You can manage your communication preferences in your account. Marketing email has an opt-out URL and you can unsubscribe from such communication at any time. You cannot unsubscribe from servicing emails and administrative messages that are considered part of your account membership, unless you cancel your membership. How we share your Personal Information We may share your personal information with our corporate affiliates and with third parties for our legitimate business purposes as permitted by law. For example, we may share your personal information with suppliers who perform services on our behalf and have agreed in writing to protect and not further disclose your information. If you book through the Platforms, we may share your personal information with the payment service providers and the travel vendors you have booked with. This can include online travel agencies, hotels, airlines, car rental companies, and travel insurance providers. These third parties will process your personal information as data controllers in accordance with their own privacy policies. We may also share your information as otherwise described to you at the time of collection. For example, if you provide information to enter a sweepstakes, we may share your information with the promotional partners. If KAYAK itself (or part of its business) is sold or otherwise changes control, our new owners would have access to your personal information for the uses set out herein. If you use or have itineraries as part of our Trips Service, you can send or grant access to your itinerary to anyone you choose. Your itinerary may contain enough details (for example, booking reference codes) to allow the recipient to cancel or modify your booking, perform a check-in, etc. You should only share your itinerary with people you trust. Please also read the detailed Trips FAQ. If you choose to display your itinerary on publicly-viewable web pages (Facebook, for instance), that information may be collected and used by others. If you provide us a review of your trip, you authorise us to publish it on all our Platforms under the screen name you provided. You also authorise us to aggregate it with other reviews. We may disclose personal information if required by law, for example to law enforcement or other authorities. This includes court orders, subpoenas and orders arising from legal processes, and administrative or criminal investigations. We may also disclose your personal information if the disclosure is necessary for the prevention, detection or prosecution of criminal acts or to prevent other damage, or in response to a legal action or to enforce our rights and claims. We may also share anonymous aggregated usage information with others. How we store and protect your Personal Information Our servers and data centres are located in the U.S and in Switzerland, and our service providers may be located there and in other countries. By providing us personal information, you agree that your personal information may be transferred to and stored in these countries. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement in those countries according to laws in those countries. Subject to the applicable laws in such other countries, we will provide the necessary safeguards to maintain protections of your personal information, e.g. by obtaining from the data recipients contractual commitments based on the EU model clauses. KAYAK has a security program intended to keep the personal information stored in our systems protected from unauthorised access and misuse. Our systems are configured with data encryption, or scrambling technologies and firewalls constructed to industry standards. We also use Secure Socket Layer (SSL) technology that protects the data you send over the Internet. Personal information may only be accessed by persons within our organisations, or our third party vendors to carry out the uses indicated in this Privacy Policy. Cookies and tracking tools KAYAK uses cookies and tracking tools. To learn more, including how we respond to “Do not track” signals click here. Other Websites If you click through to third party websites or other platforms, KAYAK’s privacy policy does not apply. Children KAYAK does not knowingly collect personal information from minors. If we become aware that a minor is attempting to submit personal information, we will remove this information from our records. If you are the parent/legal guardian of a minor who has given us personal information, please contact us so we can delete it. Changes to the Privacy Policy We may modify this Privacy Policy at any time and without prior notice. We will notify you of material changes to how we use your personal information prior to implementing them. We may notify you about such a material change by email or prominent notice on our website. By using our services and Platforms after we post these changes, you indicate you accept them. Accessing and rectifying your Personal Information You can manage your account settings in the ”My Account” page on KAYAK. You can delete your account http://www.kayak.com.au/zap at any time. You are entitled at any time to obtain information about all your personal information that we store, in accordance with applicable law and without any fee. However, in exceptional cases we ask you to pay reasonable fee before we provide the information if permitted by applicable law. We may request proof of your identity before providing this information. We may not be able to allow you to access certain personal information in some cases. For example if your personal information is connected with personal information of other persons, or for legal reasons. In such cases we will provide you with an explanation why you cannot obtain this information. You can also withdraw your consent to the use of your personal information at any time by contacting us at the address below. You can demand deletion or rectification of your personal information, however, statutory provisions, especially those affecting KAYAK’s accounting, processing of claims and mandatory data retention, may prohibit deletion or anonymisation. Kayak Europe GmbH controls the processing of personal information on this Platform. To exercise your rights, or if you have questions about our privacy practices or need assistance with exercising or understanding your privacy choices, please contact our privacy team at privacy@kayak.com or you may write to: Kayak Europe GmbH 
attn.: Legal Department 
Fraumünsterstrasse 16 8001 Zurich Switzerland Cookies and other tracking tools KAYAK uses tracking tools such as cookies We (or our suppliers) use several common tracking tools. We use these tools to collect usage and demographic information about you over time and across different Web sites when you use our Platforms. We also have third parties (e.g. advertisers) that collect personal information this way. Tools we use may include browser cookies. Your browser will store these cookies on your computer in a small file. To learn more about cookies, see www.youronlinechoices.eu. We and our advertising partners may also use web beacons (single pixel GIF images). These web beacons are placed in the code of a Web page or an email newsletter. When you access a partner site within our mobile applications, we may track your activity on that site. By using the Platforms, you give us your free, unambiguous and informed consent to the use of any of the cookies and tracking tools mentioned in this policy. KAYAK uses tracking tools for following purposes (i) To track new visitors to the Platforms. (ii) To help us recognise your browser as a previous visitor. This includes saving and remembering any preferences that may have been set while your browser was visiting the Platforms, such as language. (iii) To store your username and password if you are registered with us. (iv) To work with online advertising companies to display targeted advertising on our Platforms and third party platforms that you visit. This targeting may be based on information you submit on our Platforms or third party platforms. This targeting may also be based on your activities or behaviours on our Platforms or those of third parties. We may also obtain information about your browsing history from our business partners. To learn more about targeted advertising and how you can accept or refuse (opt-out of) this type of advertisements, we recommend that you visit www.aboutads.info/choices or www.youronlinechoices.eu. (v) To track when you book on partner websites. (vi) To help improve our website offering and for capacity planning purposes. We or our third party service providers may set analytics cookies. These allow us to gather aggregated or segmented information about the types of visitors that access our Platforms and the pages and advertisements that they view. +In order to better understand your use of our Platforms, we or our third party service providers may collect information on such use, including pages visited, links clicked and mouse movements. +We do not use this information to personally identify you. How you can control tracking tools and opt-out of online behavioural advertising Your browser may give you the ability to control cookies. How to do this varies from browser to browser. You should view the Help menu on the browser you use for further information. To opt out of having your online behavior tracked by KAYAK for advertising purposes click here; this means that KAYAK will no longer use information derived from your online behaviour, collected by KAYAK or third parties acting on behalf of KAYAK, for the purpose of providing you interest-based advertising from KAYAK only. Note that opting out of receiving interest-based advertising through the link above does not mean you will no longer receive advertising from KAYAK or third parties at all; rather it means that most of the advertising that you will see will not be based on your particular interest. In addition, KAYAK may still collect information for other purposes consistent with this Privacy Policy. Your opt-out choice is stored in opt out-cookies only in this browser, so you should separately set your preferences for other browsers, computers, or devices you may use. If your browser blocks cookies, your opt out preferences may not be effective. Deleting browser cookies can remove your opt-out preferences, so you should visit this page periodically to review your preferences. We may also use Google Analytics to collect demographic and interest data about you (such as age, gender, and interests), including through Google Analytics Demographics and Interest Reporting. You can find out more about Google Analytics and how to opt-out by going here. Choices you make are browser and device specific. Some aspects of our site use cookies to function. You may not be able to use these features if you set your device to block cookies. If you block or delete cookies or opt out of online behavioural advertising, not all of the tracking that we have described in this policy will stop. How KAYAK responds to “Do Not Track” signals Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals. If you have any questions on our use of tracking tools, please use the feedback form. ZamaYoga Liability Waiver Liability Waiver In checking the box below, I acknowledge that do not have any injuries, medical conditions or take any prescribed medications that could limit, restrict or affect your ability to undertake services offered at Toowoomba Yoga Pty Ltd ATF Toowoomba Yoga Unit Trust T/A Zama Yoga Toowoomba. I also note it is not recommended to practice hot yoga during pregnancy unless I have been doing previously and have advice from your doctor. Other forms of yoga are generally suitable, but I will seek medical advice. I understand the advice given above and I acknowledge that during all such times whilst on the premises class, both my property and my person shall be at my own risk and I will not hold Toowoomba Yoga Pty Ltd ATF Toowoomba Yoga Unit Trust T/A Zama Yoga Toowoomba or employees liable for any personal injury or loss of property whether caused by the negligence of Toowoomba Yoga Pty Ltd ATF Toowoomba Yoga Unit Trust T/A Zama Yoga Toowoomba, its employees, servants, agents or contractors. WhatsApp Terms of Service WhatsApp Terms Of Service Last modified: August 25, 2016 (archived versions) WhatsApp Inc. (“WhatsApp,” “our,” “we,” or “us”) provides messaging, Internet calling, and other services to users around the world. Please read our Terms of Service so you understand what’s up with your use of WhatsApp. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”). NO ACCESS TO EMERGENCY SERVICES: There are important differences between WhatsApp and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service. IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, WHATSAPP AND YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE “SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA USERS” SECTION BELOW TO LEARN MORE. About our services Registration. You must register for our Services using accurate data, provide your current mobile phone number, and, if you change it, update this mobile phone number using our in-app change number feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. Address Book. You provide us the phone numbers of WhatsApp users and your other contacts in your mobile phone address book on a regular basis. You confirm you are authorized to provide us such numbers to allow us to provide our Services. Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically. Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law. Privacy policy and user data WhatsApp cares about your privacy. WhatsApp’s Privacy Policy describes our information (including message) practices, including the types of information we receive and collect from you and how we use and share this information. You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. Acceptable use of our services Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission. Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of WhatsApp, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us. Harm to WhatsApp or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time. Keeping Your Account Secure. You are responsible for keeping your device and your WhatsApp account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. Third-party services Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated with our Services or interact with a share button on a third party’s website that enables you to send information to your WhatsApp contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. Licenses Your Rights. WhatsApp does not claim ownership of the information that you submit for your WhatsApp account or through our Services. You must have the necessary rights to such information that you submit for your WhatsApp account or through our Services and the right to grant the rights and licenses in our Terms. WhatsApp’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission and except in accordance with our Brand Guidelines. You may use the trademarks www.facebookbrand.com/trademarks of our affiliated companies only with their permission, including as authorized in any published brand guidelines. Your License to WhatsApp. In order to operate and provide our Services, you grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy). WhatsApp’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you. Reporting third-party copyright, trademark, and other intellectual property infringement To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our Intellectual Property Policy. We may terminate your WhatsApp account if you repeatedly infringe the intellectual property rights of others. Disclaimers YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “WHATSAPP PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Limitation of liability THE WHATSAPP PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE WHATSAPP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE WHATSAPP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Indemnification You agree to defend, indemnify, and hold harmless the WhatsApp Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim. Dispute resolution Forum and Venue. If you are a WhatsApp user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, you agree that you will resolve any Claim you have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between WhatsApp and you, without regard to conflict of law provisions. Availability and termination of our services Availability of Our Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events. Termination. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with WhatsApp: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” “Other,” and “Special Arbitration Provision for United States or Canada Users.” Other Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding WhatsApp and our Services, and supersede any prior agreements. We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Any amendment to or waiver of our Terms requires our express consent. We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. Please review our Terms from time to time. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions, except as set forth in the “Special Arbitration Provision for United States or Canada Users” — “Severability” section below. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. We always appreciate your feedback or other suggestions about WhatsApp and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them). Special arbitration provision for United States or Canada users PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A WHATSAPP USER LOCATED IN THE UNITED STATES OR CANADA, IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE YOUR DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION. “Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes. Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision for United States or Canada Users” section, including any question whether a Dispute between WhatsApp and you is subject to arbitration. Agreement to Arbitrate for WhatsApp Users Located in the United States or Canada. For WhatsApp users located in the United States or Canada, WhatsApp and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. WhatsApp and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. WhatsApp and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous. Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out: WhatsApp Inc. Arbitration Opt-Out 1601 Willow Road Menlo Park, California 94025 United States of America You must include: (1) your name and residence address; (2) the mobile phone number associated with your account; and (3) a clear statement that you want to opt out of our Terms’ agreement to arbitrate. Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis. Time Limit to Start Arbitration. We and you agree that for any Dispute (except for the Excluded Disputes) we and you must commence an arbitration proceeding within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not commence an arbitration within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late. No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a WhatsApp user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. Severability. If the prohibition against class actions and other Disputes brought on behalf of third parties is found to be unenforceable for a Dispute, then all of the provisions above under the caption “Special Arbitration Provision for United States or Canada Users” will be null and void as to that Dispute. Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the “Forum and Venue” provisions in the “Dispute Resolution” section set forth above. Accessing WhatsApp's terms in different languages To access our Terms in certain other languages, change the language setting for your WhatsApp session. If our Terms are not available in the language you select, we will default to the English version. WhatsApp Privacy Policy WhatsApp Privacy Policy Last modified: August 25, 2016 (archived versions) Respect for your privacy is coded into our DNA. Since we started WhatsApp, we’ve aspired to build our Services with a set of strong privacy principles in mind. WhatsApp provides messaging, Internet calling, and other services to users around the world. Our Privacy Policy helps explain our information (including message) practices. For example, we talk about what information we collect and how this affects you. We also explain the steps we take to protect your privacy – like building WhatsApp so delivered messages aren’t stored and giving you control over who you communicate with on our Services. When we say “WhatsApp,” “our,” “we,” or “us,” we’re talking about WhatsApp Inc. This Privacy Policy (“Privacy Policy”) applies to all of our apps, services, features, software, and website (together, “Services”) unless specified otherwise. Please also read WhatsApp’s Terms of Service (“Terms”), which describes the terms under which you use our Services. Information We Collect WhatsApp receives or collects information when we operate and provide our Services, including when you install, access, or use our Services. Information You Provide Your Account Information. You provide your mobile phone number to create a WhatsApp account. You provide us the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts. You confirm you are authorized to provide us such numbers. You may also add other information to your account, such as a profile name, profile picture, and status message. Your Messages. We do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages, files, and share location information) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to 30 days as we try to deliver it. If a message is still undelivered after 30 days, we delete it. To improve performance and deliver media messages more efficiently, such as when many people are sharing a popular photo or video, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for our Services, which is on by default, when you and the people with whom you message use a version of our app released after April 2, 2016. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them. Your Connections. To help you organize how you communicate with others, we may create a favorites list of your contacts for you, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. Customer Support. You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues. Automatically Collected Information Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Services, how you interact with others using our Services, and the like), log files, and diagnostic, crash, website, and performance logs and reports. Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment. Device and Connection Information. We collect device-specific information when you install, access, or use our Services. This includes information such as hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers. We collect device location information if you use our location features, such as when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features. Cookies. We use cookies to operate and provide our Services, including to provide our Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services. For example, we use cookies to provide WhatsApp for web and desktop and other web-based services. We may also use cookies to understand which of our FAQs are most popular and to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customize our Services for you. Learn more about how we use cookies to provide you our Services. Status Information. We collect information about your online and status message changes on our Services, such as whether you are online (your “online status”), when you last used our Services (your “last seen status”), and when you last updated your status message. Third-Party Information Information Others Provide About You. We receive information other people provide us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you. Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply map and places information, process payments, help us understand how people use our Services, and market our Services. These providers may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues. Third-Party Services. We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them; for example, if you use the WhatsApp share button on a news service to share a news article with your WhatsApp contacts, groups, or broadcast lists on our Services, or if you choose to access our Services through a mobile carrier’s or device provider’s promotion of our Services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. How We Use Information We use all the information we have to help us operate, provide, improve, understand, customize, support, and market our Services. Our Services. We operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services, and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us. We use cookies to operate, provide, improve, understand, and customize our Services. Safety and Security. We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally. Communications About Our Services and the Facebook Family of Companies. We communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services and those of the Facebook family of companies, of which we are now a part. No Third-Party Banner Ads. We do not allow third-party banner ads on WhatsApp. We have no intention to introduce them, but if we ever do, we will update this policy. Commercial Messaging. We will allow you and third parties, like businesses, to communicate with each other using WhatsApp, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. For example, you may receive flight status information for upcoming travel, a receipt for something you purchased, or a notification when a delivery will be made. Messages you may receive containing marketing could include an offer for something that might interest you. We do not want you to have a spammy experience; as with all of your messages, you can manage these communications, and we will honor the choices you make. Information You And We Share You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services. Account Information. Your phone number, profile name and photo, online status and status message, last seen status, and receipts may be available to anyone who uses our Services, although you can configure your Services settings to manage certain information available to other users. Your Contacts and Others. Users with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services. You can use your Services settings and the block feature in our Services to manage the users of our Services with whom you communicate and certain information you share. Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customize, support, and market our Services. When we share information with third-party providers, we require them to use your information in accordance with our instructions and terms or with express permission from you. Third-Party Services. When you use third-party services that are integrated with our Services, they may receive information about what you share with them. For example, if you use a data backup service integrated with our Services (such as iCloud or Google Drive), they will receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. Affiliated Companies We joined the Facebook family of companies in 2014. As part of the Facebook family of companies, WhatsApp receives information from, and shares information with, this family of companies. We may use the information we receive from them, and they may use the information we share with them, to help operate, provide, improve, understand, customize, support, and market our Services and their offerings. This includes helping improve infrastructure and delivery systems, understanding how our Services or theirs are used, securing systems, and fighting spam, abuse, or infringement activities. Facebook and the other companies in the Facebook family also may use information from us to improve your experiences within their services such as making product suggestions (for example, of friends or connections, or of interesting content) and showing relevant offers and ads. However, your WhatsApp messages will not be shared onto Facebook for others to see. In fact, Facebook will not use your WhatsApp messages for any purpose other than to assist us in operating and providing our Services. Learn more about the Facebook family of companies and their privacy practices by reviewing their privacy policies. Assignment, Change Of Control, And Transfer All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. Managing Your Information If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools: Services Settings. You can change your Services settings to manage certain information available to other users. You can manage your contacts, groups, and broadcast lists, or use our block feature to manage the users with whom you communicate. Changing Your Mobile Phone Number, Profile Name and Picture, and Status Message. You must change your mobile phone number using our in-app change number feature and transfer your account to your new mobile phone number. You can also change your profile name, profile picture, and status message at any time. Deleting Your WhatsApp Account. You may delete your WhatsApp account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your WhatsApp account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them. Law And Protection We may collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, WhatsApp, the Facebook family of companies, or others. Our Global Operations You agree to our information practices, including the collection, use, processing, and sharing of your information as described in this Privacy Policy, as well as the transfer and processing of your information to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. Updates To Our Policy We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last Modified” date at the top of this Privacy Policy. Your continued use of our Services confirms your acceptance of our Privacy Policy, as amended. If you do not agree to our Privacy Policy, as amended, you must stop using our Services. Please review our Privacy Policy from time to time. Contact Us If you have questions about our Privacy Policy, please contact us. WhatsApp Inc. Privacy Policy 1601 Willow Road Menlo Park, California 94025 United States of America Jetstar Conditions of Carriage Article 1: General 1.1 Definitions In these Conditions (where not inconsistent with the context): “Airline Designator Code” means the two or three letter or number code issued by IATA to identify a Carrier and its flights. For example, Tigerair Australia’s Airline Designator Code is ’TT’. “Authorised Agent” means a duly licensed passenger sales agent who is authorised by Tigerair Australia to represent Tigerair Australia and sell Tigerair Australia services. “Australian Domestic Travel” means carriage wholly within Australia which is not part of International Travel. “Baggage” means your personal property accompanying you in connection with your trip. Unless otherwise specified, it includes both your Checked Baggage, Cabin Baggage and Sporting Equipment. “Baggage Identification Tag” means a document issued by us solely for identification of Checked Baggage. “Booking” means the details we have relating to a Journey by you as evidenced by the Flight Confirmation. “Cabin Baggage” means any Baggage, other than Checked Baggage, brought by you into the aircraft cabin and may include Sports Equipment. “Checked Baggage” means Baggage we take custody of for carriage in the hold and for which we issue a Baggage Identification Tag and may include Sporting Equipment. “Codeshare Service” means a service which has a “TT” flight number but which is not operated by a Tiger Australia airline. “Conditions” means these Conditions of Carriage, including all Policies, rules and other requirements referred to in the Conditions “Convention” means (as applicable): the Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929) (“ Warsaw Convention”); the Warsaw Convention as amended at The Hague (1955); the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Convention (1961); and the Montreal Convention (1999) ("Montreal Convention"); “Credit, Credit Account, Flight Credit” means a flight credit which provided by us in certain circumstances for use on Tigerair Australia services only. “Compensation Policy” means Tigerair Australia’s compensation policy as amended from time to time and published on our Website. “Damage” includes death or bodily injury to a Passenger, delay, loss, partial loss or other damage including to Baggage, arising out of or in connection with carriage or other services provided by us. “Days” means a full calendar day. For the purpose of notification, the day upon which notice is dispatched shall not be counted. “Destination” means the last destination shown on your flight confirmation. When not capitalised, destination refers to a generic point of arrival. “Disruption” means a delay or cancellation within 72 hours of the flights’ scheduled departure time “Domestic Flight” means carriage wholly within Australia. “Events Beyond Our Control” means events such as severe or inclement weather, natural events, strikes, security incidents, force majeure, or other events that may affect our ability to provide air transport as planned. “Events Within Our Control” means events such as aircraft maintenance or crewing shortages, or other events within our reasonable control that may affect our ability to provide air transport as planned; “Fare Rules” means those additional terms and conditions attaching to the transport and services the subject of the Booking (of which you are notified at the time of booking and which are available on our Website); “Flight Confirmation” means the documents issued, electronically or otherwise, by us confirming a Booking and containing a booking reference number. “International Flight” means carriage by air between two countries. “International Travel” means international carriage as defined in the Convention and includes any Domestic Flight which forms part of an international trip. “Journey” means a flight or flights pursuant to a Booking and includes flights purchased in full or in part using Velocity Frequent Flyer points. “Laws” means the laws of any nation which apply to your travel. “Loss” means any injury, loss, damage, fine, charge, cost or expense, including consequential or indirect loss, loss of savings, business opportunities, revenue, profit and/or damage to goodwill; “Passenger” means any person, except members of the crew, carried or to be carried in an aircraft with our consent. “Policies” means Tigerair Australia’s policies in relation to various aspects of travel, including Baggage, Compensation Policy and policies regarding the carriage of passengers requiring special assistance. Policies are published on our Website. “Privacy Policy” means Tigerair Australia’s privacy policy as published on our Website and amended by us from time to time. “SDR” means a Special Drawing Right of the International Monetary Fund. “Sector” means the flight from the airport at the point of origin to the airport at the point of destination. “Seat” means a seat in our aircraft. ”Schedule Changes means a schedule change outside of 72 hours of the flights’ scheduled departure time. “Sporting Equipment” means any sports equipment brought by you, which may be carried on a Tigerair service as either Cabin Baggage or Checked Baggage in accordance with our Policies. “Tariffs” means our fares and charges published electronically or on paper and the conditions applicable thereto. “Tigerair Australia” means 'Tiger Airways Australia Pty Limited ABN 52 124 369 008'. “Travel Extras” means products or services purchased in addition to your fare such as cabin+, check-in luggage, queue jump, pre-order meals and seat selection. “Virgin Australia International” means Virgin Australia International Airlines Pty Ltd (ACN 63 125 580 823). “We, our, ourselves, us and Tigerair Australia” means 'Tiger Airways Australia Pty Limited ABN 52 124 369 008, Tiger International Number1 Pty Ltd (ACN 606 131 944) and Virgin Australia International Airlines Pty Ltd (ACN 63 125 580 823). “Website” means the internet site https://tigerair.com.au/ and any information contained there. References throughout these Conditions to particular web pages include all material found on the Website. "you, your" means you, the Passenger. Article 2: Before Your Flight 2.1 Your Health You should be aware of health and safety issues which are relevant to you, and advise us about any health issues which affect your safety or health and the safety or health of others at the time you make your Booking. You should consult your doctor and then notify your Authorised Agent or our contact center. Risks Inherent to Being Seated for Extended Periods of Time. Sitting for extended periods of time may be a risk factor for some people forming blood clots in the legs, known as Deep Vein Thrombosis (DVT). You should discuss with your doctor whether you are at risk of suffering DVT, and if so, what preventative measures you should take. Privacy of your health information. We will handle any health information you provide to us in accordance with our Privacy Policy. 2.2 Passports, Visas and Authorisations – International Travel It is your responsibility to comply with all Laws, regulations and orders of your chosen destinations. You should consult with the government which issued your passport, and consider the following: You must have a valid passport with a minimum expiry date of 6 months to travel with us. If your passport has an expiry date of between 6 months and 12 months, we recommend you check whether this is sufficient for your chosen destinations and time away; Check with the government which issued your passport, and the consulates of your chosen destinations, to see whether you need a visa or other travel document, or other information such as vaccination records; and Find out about any dangers to your health and safety at your chosen destinations. The items set out in paragraph 2.2(a) are given as a guide only. It is your responsibility to ensure that you have all required authorisations and documentation for your travel. Any assistance which we may provide you in this area does not release you from your obligation. You should check relevant government websites to find out about any dangers and risks to your health and safety at your chosen destination. You can do this by checking with government agencies like the Australian Department of Foreign Affairs. 2.3 Adequate Travel Insurance Protection Travel may involve many risks to a passenger’s health and safety and possible exposer to liability. Tigerair Australia’s liability to passengers is limited therefore it is recommended passengers take out adequate travel insurance to cover themselves in such circumstances Article 3: Applicability 3.1 Carriage By Air These Conditions apply to the carriage by air of Passengers and Baggage performed by us or on our behalf and to any liability we may have to you in relation to that carriage and transportation. If we transport you or arrange to transport you by means other than aircraft, e.g. by bus, train or boat, or arrange accommodation or car rental, we do so only as an agent. There may be additional or different conditions of carriage applicable to those arrangements. Where these include limitations of liability that are lower than the limitations of liability in these Conditions, the lower limitation will apply to your non-aircraft arrangements. If we arrange travel for you on a flight with another airline’s Airline Designator Code, we do so only as agent for that airline and the other airline’s conditions of carriage will apply. We will only be liable for Damage occurring during a Journey on Tigerair Australia. Some Tigerair Australia flights may be operated by Virgin Australia International. These services utilise Virgin Australia International flight crew and aircraft with Tigerair Australia interior configuration, livery, product and cabin crew on board. These Conditions apply to your carriage on all flights marketed by Tigerair Australia, including any flights operated by Virgin Australia International. 3.2 Conditions Prevail Except as provided in these Conditions, in the event of inconsistency between these Conditions and any provision of any other Policies we may have dealing with particular subjects, these Conditions shall prevail. If any of these Conditions is invalid, illegal or unenforceable, it will be read down to the extent necessary to ensure that it is not invalid, illegal or unenforceable, but if that is not possible, it will be severed from the Conditions and the other conditions will remain valid. 3.3 Language The language of these Conditions is English and even though there may be translations of these Conditions in other languages, English shall be the sole language used in the interpretation of these Conditions. 3.4 Overriding Laws If these Conditions or any of them are inconsistent with any Laws, those Laws shall apply to the extent of such inconsistency. The invalidity of a provision of these Conditions shall not affect the validity of any other provision. Nothing in these Conditions is intended to exclude or restrict the application of any Law. Passengers may have rights under the Australian Consumer Law, as provided by Schedule 2 to the Competition and Consumer Act 2010 (Cth). Such rights include consumer guarantees that services we provide to Passengers will be carried out by us with due care and skill, will be fit for the purpose disclosed and will be supplied within a reasonable time. These Conditions do not exclude or limit these guarantees. 3.5 Requirement to Comply You must comply with these Conditions and all applicable Laws, regulations, orders and notifications in force relating to air transport and all instructions issued by us at any time including during flight Article 4: Validity 4.1 Prima Facie Evidence Of Contract The Booking is prima facie evidence of the contract for carriage between a Passenger and us. Carriage of a Passenger is entirely subject to these Conditions, applicable Laws and any authorized direction given by or on behalf of Tigerair Australia to the Passenger. 4.2 Validity The Booking is only valid for the Passenger(s) named and the flight(s) specified in the Flight Confirmation subject to any subsequent changes in accordance with these Conditions. A Booking expires if the passenger has not travelled by the date of departure. In such a case, there will be no refund except as provided under the Australian Consumer Law. A Booking may be changed prior to the date of travel, in accordance with these Conditions and any relevant Policies, and is subject to any relevant charges and fare difference as set out on the Website. Article 5: Marketing and Promotional Material You consent to receiving electronic messages and marketing communications from us containing marketing and promotional material, and subject to any applicable Laws, agree that we do not need to include an "unsubscribe" facility in any electronic message sent to you for the purposes of the Spam Act 2003 (Cth). We may contact you by text message, email or other digital service (such as through our applications that you install on your device such as mobile or iPad), phone or post to let you know about our flight specials and promotions, any new or existing products or services, and those of our related companies and partners, that may be of interest to you pre and post flight. You will receive these communications even if you have not subscribed to tigermail. You can read more about our marketing practices in our Privacy Policy, including how to manage your marketing communications preferences. Article 6: Fares 6.1 Fares Correct At Time Of Publication All fares, flight schedules and routes published are correct at the time of publication. We reserve the right to revise our fares and flight schedules at any time without prior notice. 6.2 What Is Included In Your Fare Your fare covers only carriage from the airport at the point of origin to the airport at the point of destination. It does not cover ground transport services between airports and between airports and town terminals unless specifically stated by us. Unless specified at the time of making a Booking, your fare does not include meals, refreshments ,checked baggage or any other travel extras. We may charge for these services along with a reasonable administration fee. Unless we state otherwise at the time of making a Booking, we are not responsible to you for your failure to meet any connecting flights, whether on us or any other airline. Fares will be calculated in accordance with our Tariff in effect on the date of payment for the Booking for the flight or flights concerned. Any approved flight change may be subject to additional charges, as specified in these Conditions or on our Website. 6.3 Infants An infant under the age of two (2) years on the date of travel may fly at the prevailing fee per Sector provided the infant is carried on an adult's lap. Only one (1) infant is allowed per adult. No baby seats or perambulators are allowed in the cabin of the aircraft. A child aged two (2) or over will require a separate Booking and Seat like any other Passenger. No infant less than seven (7) Days old will be accepted for carriage. Carriage of infants is subject to the conditions outlined on the Website. 6.4 Taxes, Fees And Other Charges Any tax, fee or charge imposed by a government or other authority or by an airport operator in respect of your use of any services or facilities will be in addition to our fares, administration fees and charges and shall be borne by you, unless otherwise specifically stated by us. Such taxes, fees and charges imposed on air travel may change from time to time and can be imposed even after the date that your Booking has been confirmed. You shall nevertheless bear such tax, fee or charge as and when they fall due prior to departure unless otherwise stated. 5.5 Currency Fares and charges are payable in the currency stated with our published fares unless otherwise specifically agreed by us. Article 7: Booking of Seats / Reservations 7.1 Reservation Requirements Fares must be paid in full when a Booking is made. If for any reason whatsoever the fare has not been paid in full when a Booking is confirmed, we reserve the right to cancel the Booking at any time prior to check-in and/or to disallow you to board the aircraft. Your Booking is valid only after full payment of the fare is made and after we issue you an Flight Confirmation. Once confirmed, except as provided in these Conditions and under the Australian Consumer Law, the Booking cannot be cancelled and payments made are not refundable. You may be required to produce any credit card used in making a Booking. Reservations for passengers travelling in groups of ten (10) or more are subject to the instructions for carriage of groups which are set out on the Website. 7.2 Flight Or Name Change After purchase, you may be able to change your flight or change the name of the Booking, subject to availability at the time the change is made and payment of the prevailing fare difference and applicable fees and charges as outlined on the Website. Except to the extent provided under the Australian Consumer Law, if a Booking is changed there will be no refund if the new fare is lower. Other than set out here, a Booking may not be changed after purchase; and not in any case after the specified date and time of the flight. 7.3 Personal Information You agree that your personal information will be managed in accordance with our Privacy Policy. Our Privacy Policy is available on our website. If you would like to receive our Privacy Policy by post, please contact our Customer Care Centre. We are required to collect your personal information in order to process your Booking and to communicate with you about your Booking. If we cannot collect from you the minimum amount of personal information required to complete your Booking, we will not be able to process your Booking, and a contract of carriage is not formed with us. 7.4 Seating You may have requested to be placed in a certain Seat and/or cabin area during the booking process, through an agent or through our Customer Contact Centre. We may charge you a fee for these services. We will endeavour to accommodate your Seat request. However, we do not guarantee you any particular Seat. We may change your Seat at any time, even after you have boarded the aircraft for any reason, including for safety or operational reasons. You agree to accept any Seat that is made available to you on-board the aircraft by our flight crew. No smoking is permitted on any of our flights. Article 8: Check-in and Boarding 8.1 Check-in Deadlines And Conditions Domestic Travel In order to check-in for a flight, you must check-in before the Check-in Deadline and follow the instructions for airport or web check-in, which are set out in our Website. Check-in for Domestic Flights closes strictly 45 minutes prior to the departure of your scheduled flight time regardless of whether you are travelling with or without Checked Baggage. Tigerair Australia reserves the right in any event, not to accept you for travel if you arrive at our airport check-in counter less than 45 minutes before the scheduled departure time of your flight ('Check-in Deadline'). It is your responsibility to ensure that you comply with these deadlines and instructions. You will not be able to check-in after the Check-in Deadline and you will not be able to check-in at the boarding gate. If you arrive late we will not hold the flight for you. Except to the extent provided under the Australian Consumer Law, if for any reason whatsoever you fail to check-in on time no refund will be given. You are required to keep any documents we give you at check-in (such as your boarding pass and checked baggage receipt) until you complete your flight. You must allow us to make copies of these documents for security requirements and as required by law. International In order to check-in for an International Flight, you must check-in before the check-in deadline (as set out on your Flight Confirmation or on our Website) and follow the instructions for check-in, which are set out in our Website. Check-in for International Flights closes strictly 60 minutes prior to the departure of your scheduled flight time regardless of whether you are travelling with or without Checked Baggage. Tigerair Australia reserves the right in any event, not to accept you for travel if you arrive at our airport check-in counter less than 60 minutes before the scheduled departure time of your flight ('Check-in Deadline'). It is mandatory you bring with you a valid passport with minimum six (6) months validity, your Flight Confirmation/electronic ticket, and all necessary travel documentation for your Destination and your stopovers. It is your responsibility to ensure that you comply with these deadlines and instructions. You will not be able to check-in after the Check-in Deadline and you will not be able to check-in at the boarding gate. If you arrive late we will not hold the flight for you. Except to the extent provided under the Australian Consumer Law, if for any reason whatsoever you fail to check-in on time no refund will be given. You are required to keep any documents we give you at check-in (such as your boarding pass and checked baggage receipt) until you complete your flight with us. You must allow us to make copies of these documents for security requirements and as required by Law. 8.2 Identity Requirements For Boarding Whether you use web check-in or check-in at the airport, you may be required to present certain information relating to your flight and identity before you will be allowed to board. This must include the Flight Confirmation for the flight and acceptable forms of identification. For Domestic flights this needs to be a current form of identification and for International Flights it needs to be a valid passport with the required validity period of six (6) months. See our Website for further information. For infants not requiring their own seat, proof of age (under 2 years) may be required, such as birth certificate for Domestic Flights or a passport for International Flights. Infants not requiring their own Seat may be refused carriage or required to purchase a Seat if satisfactory proof of age (under 2 years) is not provided. 8.3 Boarding Domestic You must arrive at the boarding gate (after checking in) no later than thirty (30) minutes prior to the scheduled departure time of your Domestic Flight or as otherwise stated on your Flight Confirmation or as advised to you at check-in Boarding closes ten (10) minutes prior to departure. Except to the extent provided under the Australian Consumer Law, passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no refund given. For travel on a later flight, you will be required to make a new booking at the applicable fare. International You must complete all departure formalities (such as clearing Immigration) after checking in and arrive at the boarding no later than forty (40) minutes prior to the scheduled departure time of your International Flight or as otherwise stated on your Flight Confirmation or as advised to you at check-in. Boarding closes fifteen (15) minutes prior to departure. Except to the extent provided under the Australian Consumer Law, passengers arriving late at the boarding gate will not be accepted for travel, their bags will be offloaded and no refund given. For travel on a later flight, you will be required to make a new booking at the applicable fare. 8.4 Compliance, Security Inspections You are solely responsible for complying with all Laws, regulations, orders, demands and requirements of any country, state or territory on any part of your journey and with these Conditions, notices and instructions given by us relating thereto. You shall submit to any security or health checks by government or airport officials or by us. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such Laws, regulations, orders, demands, notices, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such Laws, regulations, orders, demands, notices, requirements or instructions. 8.5 Travel Documents You are solely responsible for obtaining and must possess and have available for presentation as required by us or the relevant authorities all entry and exit, health and other documents required by Law, regulations, order, demands or requirements of any country, state or territory on any part of your journey, including stopover or connecting points. All passengers travelling on International Flights must possess valid passports with at least six (6) months' validity (or longer, depending on your destination country) and the applicable valid visas. Passengers should also possess a return or an onward journey ticket if required by law. We reserve the right to refuse carriage to any Passenger who has not complied with, or whose documents do not appear to comply with, such applicable Laws, regulations, orders, demands or requirements. Further details of the requirements are set out on our Website. 8.6 Refusal Of Entry, Fines, Detention Costs, etc You agree to pay the applicable fare, penalties and fines whenever we, on order of any government or immigration authority, are required to return you to your point of origin or elsewhere, owing to your inadmissibility into any country, state or territory on any part of your journey. Except to the extent provided under the Australian Consumer Law, in such circumstances we will not refund the fare to you. If we are required to pay or deposit any fine or penalty or to incur any expenditure by reason of your inadmissibility into or your failure to comply with any Laws, regulations, orders, demands or other requirements of any country, state or territory on any part of your journey, you shall on demand reimburse us any amount so paid or expenditure so incurred or to be paid. We may apply towards such payment or expenditure the value of any carriage unused by you, or any funds due to you in our possession. 8.7 Dress standards. Tigerair Australia has a minimum dress requirement when you are travelling with us. You must wear: Footwear (thongs are acceptable)- all adults and children who are capable of walking must wear suitable footwear. Shorts/Skirts/pant or trousers – Suitable clothing that covers your bottom half. A top (singlets are acceptable) Please note if the clothing you are wearing displays offensive language or symbols you, will not be permitted on our flights. If you do not meet our minimum dress requirements you will be denied travel until you are dressed appropriately. Article 9: Flight Combinations, Codeshare and Interline 9.1 Flight Combinations Tigerair Australia may offer two or more flight Sectors for sale in the same Booking. All Passengers travelling on a Journey of more than one Sector must clear customs and immigration, where applicable, and have reclaimed any Checked Baggage before checking in for their onward flight. A minimum of three hours must be allowed in order to complete such arrival and check-in formalities. Passengers are not allowed a stopover of more than 24 hours. 9.2 Missed Connections Subject to the provisions of these Conditions and any applicable Laws, Tigerair Australia shall not be liable in any way whatsoever for any Loss incurred by a Passenger as a result of a missed connection, howsoever caused. 9.3 Codeshare On some routes Tigerair Australia may offer services together with other airlines, placing Tigerair Australia’s Airline Designator Code (TT) on flights operated by other airlines under codeshare agreements. This means that even if you have made a Booking with us for a Tigerair Australia flight showing 'TT’ as the Airline Designator Code, you may travel on another airline’s aircraft. We will notify you if a service is a Codeshare Service (by specifying this on our Website or on your Flight Confirmation).Subject to the provisions of this Article 8.2, these Conditions apply to Codeshare Services. The operating carrier of each Codeshare Service is our agent for the purpose of exercising our rights under these Conditions if it is not possible for us to exercise our rights directly. Codeshare Services are operated by different carriers and different types of aircraft (for example, single-aisle jets). Accordingly, services and facilities offered by us on our own aircraft (such as cabin classes, in-flight entertainment and services for passengers with special needs) may not be available on all Codeshare Services. Different or additional rules may apply to Baggage on Codeshare Services. You should refer to the operating carrier’s website, our Website (if applicable) for further information. 9.4 Interline At times you may also travel on services which we sell but which are operated by other carriers under those carriers’ flight numbers and Airline Designator Codes. If we issue you an Flight Confirmation or a Ticket for carriage on another carrier’s flight and Airline Designator Code, we do so only as agent for that carrier, and that carrier’s conditions of carriage will apply. The operator's conditions of carriage may significantly limit or exclude liability. You should refer to the operating carrier’s website for further information. Article 10: Refusal And Limitation Of Carriage 10.1 Right To Refuse Carriage We may refuse carriage of you or your Baggage if any of the following circumstances apply or we reasonably believe will apply: For reasons of safety or security or to ensure the health, comfort and well-being of other passengers or crew; In order to comply with any applicable Laws, regulations or orders of any state or country to be flown from, into or over or any government or other authorities prohibit your checking in or boarding the aircraft; Your conduct, age, mental or physical condition or the physical condition of your Baggage is such as to require special assistance beyond which we provide or involves any hazard or risk; You have committed misconduct on a previous flight and such conduct may be repeated; You have not observed, or are likely to fail to observe our instructions; You have refused to submit yourself or your Baggage to a security check; The applicable fare or any charges or taxes payable have not been paid; or credit arrangements agreed between us and you (or the person paying the fare) have not been adhered to; You do not have or appear not to have the proper documents for travel, you fail to have or provide such proper identification as we may require or you fail to adequately identify yourself to our staff; The payment of your fare or the booking of your Seat involves any fraud or other unlawful activity or has been purchased from a person not authorised by us or is counterfeit; The credit card by which you paid for the fare has been reported lost or stolen; The Flight Confirmation has been altered by anyone other than us or our authorized agent, or has been mutilated or is otherwise unreadable; The person checking in or boarding cannot prove they are the person named as the Passenger on the Flight Confirmation; If you attempt to check-in at the airport after closure of the airport check-in counters; If we believe for any reason you are not fit to travel; or If you do not possess, or do not appear to possess, valid travel documents from your country of origin or for your destination, you attempt to destroy or have destroyed your travel documents en-route. You may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed and we are not liable for any Loss which you incur as a result of any of the circumstances referred to above. We may also cancel any future flights you have with us on your Flight Confirmation. 10.2 Unaccompanied Child Subject to the instructions and conditions set out on our Website, a Child below the age of twelve (12) will not be accepted for carriage unless they are accompanied by an adult passenger aged fifteen (15) or above, who will take full responsibility for the Child. A Child aged twelve (12) to fourteen (14) inclusive may be accepted for unaccompanied carriage. Parents and guardians must remain at the airport until the departure of the flight. Persons aged fifteen (15) or over may travel unaccompanied. 10.3 Passengers With Reduced Mobility And Requiring Special Assistance We are not able to provide supervision for those Passengers who cannot travel alone. We are able to provide limited assistance, as set out in our Special Assistance Policy. On any flight, Tigerair Australia can carry only a maximum of two (2) Passengers with Reduced Mobility who require special assistance at the airport or on board. We must be notified of the condition/requirements at least five (5) Days before the scheduled departure. Failure to notify us in advance will result in the service being unavailable on your arrival at the airport and you being refused carriage. There may be a fee charged for some services. The services may not be available on all routes due to local airport limitations. 10.4 Visually Impaired Passengers Such Passengers are permitted for carriage subject to the terms of our Special Assistance Policy. 10.5 Pregnant Passengers If you are 28 weeks pregnant or more, you will be required to carry a letter from your doctor or midwife, dated no more than 10 days prior to travel, outlining the estimated due date, whether you are a single or multiple pregnancy, the absence of complications, and your fitness to fly for the duration of the flight(s) booked. If you do not provide a letter satisfactory to us, we may refuse to carry you on our flights. Pregnant passengers are unacceptable for travel on flights less than 4 hours from the beginning of 41 weeks for a single pregnancy or from the beginning of the 37th week for a multiple pregnancy. On flights greater than 4 hours pregnant passengers will not be accepted for travel from the beginning of the 37th week for a single pregnancy or from the beginning of the 33rd week for a multiple pregnancy. Some countries may place restrictions on the entry of non-citizen pregnant women. Passengers are responsible for checking with the relevant authorities to confirm if there are any such restrictions prior to travel. Article 11: Baggage 11.1 Baggage Allowances You may carry a limited amount of Cabin Baggage with you onto the aircraft free of charge, provided it complies with these Conditions and the size and weight rules set out on our Website. Infants not occupying a Seat do not have a baggage allowance. Pram, wheelchairs, scooters and walking frames are checked in free of charge. Other than Cabin Baggage, there is no free allowance and the carriage of any Checked Baggage (including Sporting Equipment which must be carried as Checked Baggage) is subject to these Conditions and the allowances, restrictions and payment of charges as set out on our Website. You should purchase an appropriate allowance for your Checked Baggage at the time of booking. Any Checked Baggage in excess of this pre-purchased amount, any single item of Checked Baggage in excess of thirty (30) kg (or in the case of Sporting Equipment carried as Checked Baggage, any single item in excess of twenty (20) kg) or any Baggage presented at check-in for which no allowance has been pre-purchased is carried at our discretion and subject to space availability and the payment of the prevailing excess baggage fee. 11.2 Items Unacceptable As Baggage Or To Be Carried Inside Baggage We reserve the right to refuse carriage of such Baggage or such items found in Baggage as follows: Items not properly packed in suitcases or other suitable containers in order to ensure safe carriage with ordinary care and handling. Items likely to endanger the aircraft or persons or property on board the aircraft, including but not limited to those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA). Items the carriage of which is prohibited by the applicable Laws, regulations or orders of any state or country to be flown from, to or over. Items we consider are unsuitable for carriage by reason of their weight, shape, size or character. Fragile or perishable items. Live or dead animals. Human or animal remains. Firearms and ammunition. Explosives, flammable or non-inflammable gas (such as aerosol paints, butane gas, lighter refills), refrigerated gas (such as filled aqualung cylinders, liquid nitrogen), flammable liquids (such as paints, thinners, solvents), flammable solids (such as matches, fire lighters), organic peroxides (such as resins), poisons, infective substances (such as viruses, bacteria), radioactive material (such as radium), corrosive materials (such as acid, alkali, mercury, thermometers), magnetic substances, oxidizing materials (such as bleaches). Weapons, such as antique firearms, swords, knives and similar items. Battery operated small recreational vehicles such as self-balancing boards, hover-boards or aero wheels. Any Sporting Equipment we expressly prohibit in our Policies. We reserve the right to refuse to allow you to carry on board baggage which exceeds our published weight and size restrictions or other requirements. Should we refuse to allow you to carry such an item on board, it will be offloaded and either not carried or carried as Checked Baggage. If any items referred to in any part of this paragraph are carried, whether or not they are prohibited from carriage as Baggage, the carriage thereof shall be subject to the charges, limitations of liability and other provisions of these Conditions applicable to the carriage of Baggage. 11.3 Items That May Be Carried As Or Inside Baggage Certain items, including dry or non-perishable food, may be permitted for carriage, subject at all times to compliance to the rules and instructions on the Website, along with the payment of any applicable fees. Note: Tigerair Australia does not permit the carriage of fresh or frozen seafood and/or meat. 11.4 Valuable And Fragile Goods Valuable or fragile items such as money, jewellery, precious metals, silverware, electronic devices, computers, cameras, video equipment, mobile phones, negotiable papers, securities or other valuables, passports and other identification documents, title deeds, artifacts, manuscripts and the like, should not be carried in Checked Baggage. If such items are included in Checked Baggage, you agree you send for carriage such items at your own risk. Our liability to you for damage or Loss to your Checked Baggage is limited (see Article 14) and we will use all available defences against any claim arising from the carriage of items as set out in this clause. 11.5 Right To Search For reasons of safety and security, we may require you to undergo a search, x-ray or other type of scan on your person or your Baggage by us, government or airport officials. You must attend with your Baggage if required and we reserve the right to search your Baggage in your absence. If you fail to comply with such searches or scans, we reserve the right to refuse carriage of you and your Baggage without refund of fare (except to the extent provided under the Australian Consumer Law) to you and without any other liability to you. In the event that a search or scan causes injury to you or damage to your Baggage, we shall not be liable for such injury or damage unless the same is due to our negligence. 11.6 Checked Baggage Baggage may be checked in prior to the scheduled departure of a flight at such times and according to the instructions set out on the Website. Upon delivery to us of Baggage to be checked, we shall take custody thereof and issue a Baggage Identification Tag for each piece of Checked Baggage. Checked Baggage must have your name or other personal identification affixed securely to it. We may carry your Checked Baggage on another flight than you for safety, security or operational reasons. If your Checked Baggage is carried on a subsequent flight we will deliver same to you within a reasonable time of arrival of that flight unless applicable Law requires you to be present for customs clearance or requires delivery within a specific time. 11.7 Collection And Delivery Of Baggage You shall collect your Baggage as soon as it is available for collection at your destination. If you do not collect it within a reasonable time and the Baggage needs to be stored, we may charge a storage fee. If Checked Baggage is not claimed within 14 Days of the time it was made available to you, we may dispose of it without any liability to you. Only the bearer of the Baggage Identification Tag delivered to the Passenger at the time the Baggage was checked is entitled to delivery of Baggage. If we have Baggage you claim is yours but you are unable to produce a Baggage Identification Tag, we will deliver the Baggage only if you establish to our satisfaction your right to the Baggage and if required by us furnish adequate security to indemnify us for any Loss, damage or expense which may be incurred by us as a result of such delivery. Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage between us unless you prove otherwise. Article 12: Schedules Changes and Disruptions 12.1 We will use all reasonable endeavours to provide to you the mode of transport or services the subject of the Booking but, in circumstances beyond our control, we may without notice substitute other means of transport or service. These Conditions apply to any such substituted transport or services and, subject to the consumer guarantees and other applicable Laws referred to in paragraph 2.4, we will not be liable for any Loss you may incur as a result of any such substitution. In addition, we operate a number of different aircraft types with unique equipment, interior layout and service offerings and do not guarantee that you will travel on a particular aircraft type or will be able to utilise in-flight entertainment systems. 12.2 If you are landed at a destination other than that specified in the Booking, we will make all reasonable endeavours to take you to the specified destination but we do not have any obligation to you in relation to the time this will take nor the means of transport that will be used. 12.3 When you make a Booking, we or an Authorised Agent will tell you the scheduled time of your flights. These times will also be noted on your Itinerary and may be noted on your booking. If we change the time of your flight, we will make reasonable attempts to contact you or your Authorised Agent, using the contact details you have provided us. We do not guarantee that we will contact you, and so you should check prior to your flight to make sure your flight times have not changed. 12.4 We will try to ensure that you and your Baggage depart and arrive as close as possible to the scheduled times. However, we do not guarantee flight times or schedules, and they do not form part of your contract of carriage. 12.5 Schedule Changes. Schedule Changes will occur outside of 72 hours of departure. You may be offered alternative travel options depending on the type of changes involved in accordance with our Compensation Policy. Changes to your reservation will be communicated via email. It is the Passenger's responsibility to ensure the email address provided is current and accessed frequently. Once you accept a Schedule Change, this will be considered final and confirmed. Any subsequent changes to your Booking must be made in accordance with the Fare Rules and these Conditions. We are not liable to you for any Loss you may incur in the event emails advising of changes to bookings are not accessed. 12.6 Disruptions Events Beyond Our Control: we may need to cancel or delay and reschedule flights or services due to industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems, operational reasons, or any event beyond our reasonable control, and scheduled flight times or destinations are not guaranteed. Subject to the consumer guarantees referred to in clause 3.4 and to the extent permitted by any applicable Laws, we are not liable for any Loss which you may incur as a result of any such delayed or rescheduled flight or services. However, we will use reasonable endeavours to provide you with the assistance set out in our Compensation Policy for Events Beyond Our Control. Events Within Our Control: if you suffer Loss as a result of Events Within Our Control, you may be compensated by us in accordance with our Compensation Policy. Subject to the consumer guarantees referred to in clause 3.4 and to the extent permitted by any applicable Laws, we are not liable to you for any other Loss you may incur as a result of such event. 12.7 Denied Boarding If as a result of over-booking we are unable to provide you with previously confirmed space on any flight, you may be entitled to compensation in accordance with our Policies. 12.9 Flight Credit Where we provide you with a Flight Credit, we will do so in accordance with these Conditions, our Customer Compensation Policy and any applicable Fare Rules. Flight Credits must be used within the timeframe we advise you. Credits are non-transferrable and cannot be redeemed for cash. 12.10 Substituted Services Nothing in these Conditions requires Tigerair Australia to transfer a customer to Virgin Australia services. Article 13: Refunds 13.1 General Except where provided in these Conditions and under the Australian Consumer Law, your fare and travel extras are non-refundable. 13.2 Taxes If after having made a reservation you do not fly with us, whether or not a refund of the fare is payable, you will be entitled to claim a refund of any taxes paid and payable by you, which as a consequence we have no obligation to pay to any government or other authority. If despite a flight being available you fail to fly with us for any reason, we will deduct an administration fee from any such refund. 13.3 Proper Person/Mode Of Refund In the event that we make a refund, it shall be made in the same mode of payment as was originally made and to the person who paid for the booking. We may require proof of identification and payment. 13.4 Currency All refunds will be subject to applicable Laws, rules and regulations or orders of the country in which the booking was made. Refunds may be made in any currency. For Domestic Flights, all refunds will be made in Australian Dollars. For refunds processed in currencies other than Australian Dollars, the amount of a refund may fluctuate based on the prevailing currency exchange rate at the time the refund is processed. Article 14: Conduct Aboard Aircraft 14.1 Control Of Passengers We may take all reasonable measures to maintain the comfort, safety and security of our aircraft, crew and Passengers. We may restrain or offload you if you conduct yourself on board the aircraft so as to endanger the aircraft or any person or property on board, or obstruct or hinder the crew in the performance of their duties, or fail to comply with any instruction of the crew or cause discomfort, inconvenience, damage or injury to other Passengers or the crew. You may be disembarked at any point and refused further carriage and may be prosecuted for offences committed on board the aircraft. 14.2 Diversion Costs If as a result of your conduct we divert the aircraft for the purpose of offloading you, then you shall be liable for all Losses costs which we incur as a result of that diversion. 14.3 Use Of Equipment For safety reasons, we may forbid or limit operation on board the aircraft of electronic equipment, including but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio-controlled toys and walkie-talkies. Filming and/or taking photos of crew on board the aircraft is prohibited unless prior written approval is received from Tigerair Australia. Operation of hearing aids and heart pacemakers is permitted. Article 15: Liability limitations 15.1 General. To the extent permitted by any applicable Laws or Conventions or these Conditions, we are not liable for or in connection with any: Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear; illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to you, or your death, caused or aggravated by the air travel where such travel posed a risk to you due to your age, physical or mental condition; Loss caused by your negligence or breach of these Conditions or your failure to comply with applicable Laws, regulations, orders or requirements of any applicable country; Loss caused by our compliance with applicable Laws, regulations, orders or requirements of any applicable country; Death, personal injury, delay or Loss caused by anything in your Baggage (and you agree to indemnify us for any death, injury, delay or Loss caused by your Baggage to other persons or property, including our property); or Loss arising out of or in any way connected to the provision of transport and other services to you (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing. Notwithstanding any other provision in these Conditions, we will rely on all limitations of liability and defenses under the Convention and any applicable Laws. We reserve all rights against any you and any other person, including rights of contribution and indemnity. 15.2 Australian Domestic Travel: Our liability is limited by the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), complementary State legislation and these Conditions to: AUD$1,600 in respect of destruction, Loss or injury to your Checked Baggage; AUD$160 in respect of destruction, Loss or injury to your Cabin Baggage; and AUD$725,000 in respect of bodily injury to you or your death. If we are responsible in any way for your carriage by water, any liability is limited to the extent permitted by applicable legislation. 15.3 International Travel: Where your journey involves International Travel, then the Montreal Convention or the Warsaw Convention may govern and limit our liability for personal injury or death and for Loss, delay or Damage to Baggage, as follows: For bodily injury or death: where the Montreal Convention applies, we will not exclude or limit our liability for recoverable damages not exceeding 113,100 SDR for each passenger. However, we will not be liable for recoverable damages to the extent they exceed 113,100 SDR if we prove that the damage was not due to the negligence of us or our agents, or that the Damage was solely due to the negligence or other wrongful act or omission of a third party. where the Warsaw Convention applies, our liability for recoverable Damages is limited to 125,000 francs. However, we are not liable if we prove that we and our agents have taken all necessary measures to avoid the Damage or that it was impossible for us to take such measures. in the event the Conventions or other Laws do not apply, our liability for recoverable Damage is limited to 113,100 SDR per passenger. For passenger delay: we are not liable if we prove that we and our agents took all reasonable measures that could reasonably be required to avoid the Damage, or that it was impossible for us to take such measures; our liability for recoverable damages is otherwise limited by the Montreal and Warsaw Conventions; in the event the Conventions or other Laws do not apply, our liability for recoverable damages is limited to 4694 SDR per passenger. For loss, damage or delay to your Baggage: we are not liable for Cabin Baggage unless due to our fault; where the Montreal Convention applies, subject to any special declaration and payment by you, our liability is limited to 1131 SDR for recoverable damages, unless you prove that the Damage resulted from our intentional or reckless conduct, and we knew that Damage would probably result. where the Warsaw Convention applies, subject to any special declaration and payment by you, our liability is limited for recoverable damages to 5,000 francs for Cabin Baggage and 250 francs per kilogram for Checked Baggage, unless you prove that the Damage was caused by our wilful misconduct. If the weight of your Checked Baggage is not recorded on the baggage check, it is presumed that the total weight of your Checked Baggage does not exceed the applicable weight limit. in the event the Conventions or other Laws do not apply, our liability for recoverable damages is limited to 1131 SDR per passenger. The value of a SDR on a particular day is the sum fixed and published on the official website of the International Monetary Fund (IMF) for that day. The value of a franc is determined by reference to the rate of 6.55957 francs for 1 euroo 15.4 Notice Of Baggage Liability Limitations Liability for Damage to Baggage is limited as set out in these Conditions unless a higher value is declared in advance and additional charges are paid. 15.5 If Warsaw Convention Or Montreal Convention Not Applicable Where your International Flight is not subject to the liability rules of the Warsaw Convention or the Montreal Convention, the following rules shall apply: Any liability we have for Damage will be reduced by any negligence on your part which causes or contributes to the Damage in accordance with applicable law. We will not be liable for Damage to Checked or Cabin Baggage unless such Damage is caused by our negligence and such Baggage was within our control or custody. Except in the case of an act or omission done with intent to cause Damage or recklessly and with knowledge that Damage would probably result, our liability in the case of Damage to Checked Baggage shall be limited to US$20 per kilogramme and in the case of Damage to Cabin Baggage shall be limited to US$400 per Passenger, provided that if in accordance with applicable law different limits of liability are applicable such different limits shall apply. If the weight of the Baggage is not recorded on the Baggage Identification Tag, it is presumed that the total weight of the Checked Baggage does not exceed 15 kilogrammes. We will not be liable for any Damage arising from our compliance with applicable Laws or government rules and regulations or from your failure to comply with the same. Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with applicable law. We are not liable for any Damage caused by your Baggage. You shall be responsible for any Damage caused by your Baggage to other persons or property, including our property. We shall have no liability whatsoever for Damage to articles or items not permitted to be contained in Checked and Cabin Baggage including but not limited to those items set out in clauses 10.2 and 10.4. We are not responsible for any illness, or disability, including death, attributable to your physical condition or for the aggravation of such condition. All arrangements and services provided and payment(s) made by us to any handling agent in respect of assistance provided to Passengers with reduced mobility are solely as agent for and on behalf of you. You voluntarily assume all risk and danger in connection with the assistance provided to Passengers with reduced mobility including any death, personal injury, Loss or other, damage. Any claims for liability arising out of such services shall be directed to and dealt with by the handling agent. We, our agents and employees shall not be liable for any death or personal injury (unless such death or personal injury was caused by the gross negligence of us or our agents and employees) nor for any Loss or damage however caused. The contract of carriage, including these Conditions and exclusions or limits of liability, applies to our agents, servants, employees and representatives to the same extent as it applies to us. The total amount recoverable from us and from such agents, servants, employees and representatives shall not exceed the amount of our own liability if any. Nothing in these Conditions shall waive any exclusion or limitation of our liability under any applicable Convention or applicable local Laws unless otherwise expressly stated by us. We will not in any circumstances be liable for indirect or consequential damages and in no event will our obligations exceed any liability specified in these Conditions. Article 16: Time Limitation On Claims And Actions 16.1 Bodily Injury or Death Claims If: you have a claim for bodily injury; or your personal representative has a claim for your death, you or your personal representative as applicable, should notify us in writing as soon as possible of the claim. 16.2 Notice Of Claims - Baggage Acceptance of Baggage by the bearer of the Baggage Identification Tag without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise. 16.3 Baggage - Australian Domestic Travel. If you wish to make a claim from us in relation to damage or loss of Baggage, you must do so in writing as follows: in respect of damage to or loss or destruction of only part of Checked Baggage, within 3 days of you receiving the remainder of the Checked Baggage from us; or in respect of loss or destruction of a whole item of Checked Baggage, within 21 days from the date you should have received the Checked Baggage from us; or in respect of damage, loss or destruction of Cabin Baggage, within 7 days from the date the carriage ended. 16.4 Baggage - International Travel. If wish to make a claim from us in relation to damage or loss of Baggage, you must do so in writing as follows: in respect of damage to or loss or destruction of Checked Baggage (or part thereof), within 7 days of when you should have received the Checked Baggage from us; in respect of damage, loss or destruction of Cabin Baggage, within 7 days from the date when the carriage ended; or in respect of delay of Checked Baggage, within 21 days of when you receive the Checked Baggage from us. 16.5 Limitation Of Actions Any right to damages shall be extinguished if an action is not brought against us within two (2) years of the date of arrival at your Destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard. Article 17: Arrival Formalities and Administrative Requirements 17.1 Visas and entry documents. You are responsible for ensuring that you obtain and present at your Destination and any stopover, all required travel documents. We are not responsible or liable to you if you have failed to obtain, or you have lost, these documents. 17.2 Entry rules and requirements. You must also comply with all entry requirements, rules and regulations of your Destination or any stopover. This includes any immigration, customs and security requirements. We are not responsible or liable to you if you do not comply with these requirements, rules and regulations. 17.3 If you are refused entry or deported. If you are refused permission to enter a country during your journey on a Booking or are deported, then regardless of the reason for the refusal of entry or deportation: we will, if required by a governmental authority, transport you from the country that has refused you entry or deported you; you must pay for any Loss associated with the refusal of entry or deportation, including any fines and detention and repatriation costs; we will not provide you with a refund for your Ticket (except as required under the Australian Consumer Law), and may offset any unused sectors on your Booking or coupons of your Ticket (as applicable) to offset any Loss incurred by us as a result of your refusal of entry or deportation; and you must reimburse us for any fines, penalties, Loss, expenses or Damage which we incur as a result of you being denied entry or deported. Article 18: Law And Jurisdiction 18.1 Venue Unless otherwise provided by the Convention or any applicable law, government regulations, orders or requirements, these Conditions and any carriage which we agree to provide you with (in respect of yourself and/or your Baggage) shall be governed by the laws of Australia. Any dispute between you and us concerning or arising out of such carriage in any way whatsoever shall be subject to the non-exclusive jurisdiction of the courts of Australia. 18.2 Rights Of Third Parties A party that is not a party to the relevant contract of carriage shall not have any right to enforce any terms therein including these Conditions. 18.3 Modification And Waiver No employee, contractor, Authorised Agent or other person is authorised to vary these Conditions. However, our duly authorised employees and contractors may in certain circumstances waive rules applicable to your fare or amounts payable. A waiver on one occasion does not constitute a waiver on any other occasion. Jetstar Privacy Policy 1. About this policy Tigerair Australia is committed to protecting the privacy of your personal information. This Privacy Policy tells you how Tiger Airways Australia Pty Ltd (“we”/ “our”/ “us”) will handle your personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles. We also provide specific privacy collection notices relating to our particular services and practices, where required under Australian Privacy Principle 5 (“Privacy Statements”). You can access our Privacy Statements here. We will update our Privacy Policy if the way we handle personal information changes or as required by law. Updates to our Privacy Policy will be published on our website. 2. Collecting your personal information 2.1 Types of information we collect The personal information we collect will depend on your relationship with us and the service you have requested. It may include: your identity and contact details including: name, address, email address, phone number, date of birth, gender, passport or other identification details and photograph; payment information in connection with a booking or additional product or service purchased through our website or Customer Care Centre; itinerary and other travel related information (such as special assistance requirements); IP address or MAC address when using our website or mobile applications; if you use social media to interact with us, any information that you allow the social media site to share with us; and information relating to your dealings with us, including developing insights about you so that we can better understand your preferences and interests. 2.2 Collecting sensitive information We may collect health or other sensitive information about you: if relevant to your travel arrangements, for example, where you make a “Special Assistance” request, provide your dietary requirements or otherwise provide us with health information; have a medical condition and are required to complete a medical clearance form; or are involved in a safety investigation, complaint or claim. Depending on the circumstances in which we are collecting health information from you, we collect health information so that we can: establish your requirements and make any Special Assistance or other travel arrangements for you; process your medical clearance form; or investigate safety incidents or accidents, complaints or claims. By providing your health information to us, you consent to us collecting your health information and using and disclosing it for the purposes set out in this Privacy Policy. We will not use your health information for marketing purposes. 2.3 Anonymity Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact Customer Care with a general enquiry, you may choose not to provide your name unless we need it to adequately handle your enquiry. However, for most of our functions and activities we usually need your name and contact information. 2.4 How we collect personal information We collect your personal information in a number of ways. We may collect your personal information directly from you or in the course of our dealings with you, for example when you: provide personal information to us, for example, when you make or update a booking, subscribe to our email or other communications, enter a competition, provide feedback to us or otherwise interact with us; visit our website, social media channels or mobile applications; apply for a position with us; complete a form for us, such as medical clearance, claim and unaccompanied minor forms; or contact us by phone or through our website. We generally record our calls and so we will collect any personal information you provide during the call. We may also collect personal information about you from someone other than you. This may include our related entities and: a person who makes, changes or enquires about a flight or other booking on your behalf or who otherwise interacts with us on your behalf (such as a family member, travel or booking agents, sales agents or your employer or other representative as part of a corporate or group booking); recruitment agencies and previous employers, if you have applied for a position with us and with your consent; our service providers and contractors (such as ground handlers, customer contact centre operators, marketing agencies, data analytics providers and sales agencies, and payment fulfilment and fraud protection providers); our airline or non-airline partners, such as car rental providers, hoteliers, airport transfer and parking providers, travel insurance providers and foreign exchange services; and government agencies and regulatory authorities, including immigration and border security and police, and airport security. We may combine and/or compare personal information we hold about you with other information collected from, or held by, others. We do this to better understand your interests and preferences, which helps us to enhance your experience. More information about why we do this is provided under ‘Why we collect personal information’. 2.5 Why we collect personal information We collect your personal information so that we can provide you with our services and any products that you may have requested, to contact you and to carry out our functions and activities. The purposes for which we collect your personal information may include: processing and making arrangements for your booking and any additional products or services you requested during the booking process; verifying your identity; communicating with you before and after your flight, including to provide flight updates and request your feedback; communicating with our airline or non-airline partners in connection with service offers and discounts made available when you book with us; communicating with your travel or booking agent about your booking and your experience with us; determining issues of passenger safety, security and other requirements, including special assistance requirements and medical fitness to fly; providing and operating our competitions, promotions and events; contacting you with marketing and promotional material about our offers or promotions, and those of our related entities, airline and non-partners and other third parties; developing insights about you so that we can better understand your preferences and interests. We do this to identify products, services that may be of interest to you, personalise your experience and enhance the products and services offered by us, our related entities and our airline and non-airline partners. We may also use trusted service providers to undertake the process of creating these insights. responding to feedback, queries and complaints; helping us to continuously improve the services and products we offer; and to comply with legal, audit, reporting, record-keeping and investigation requirements and for operational or regulatory compliance purposes. 3. Use and disclosure of your personal information We will use and disclose your personal information for the purposes described in ‘Why we collect personal information’. If we need to handle you information for any other purpose, we will only do so with your consent or where you may otherwise reasonably expect us to do so. We may also disclose your personal information: to our airline partners, other airlines and our non-airline partners about your booking; to travel or booking agents; to any person who can provide us with the Passenger Reference Number for your booking (located at the top of your itinerary) and confirm the full name of one or more passengers included in the booking; to the account holder or card holder of the credit card used to pay for your booking; to our third party product and service providers, including those providing catering, ground handling, cargo handling, technology and related support services, call centre services, promotions and prize fulfilments services, marketing and advertising services, data analysis and business intelligence services, payment fulfilment and fraud protection services and security services; in the event of an emergency or other serious incident, to government departments/officials and agencies, support organisations and persons involved in the incident response, relevant foreign embassies/consulates and to your family member(s) who contact us seeking information about your travel arrangements; to our professional advisers and insurers; in connection with the investigation of fraud or suspicious activity relating to services provided by us, our airline partners, other airlines or non-airline partners; where permitted or required by law or order of a court/tribunal; and various law enforcement agencies, regulatory authorities and governments in Australia and around the world and their service providers for security, customs and immigration purposes. 4. Travelling with others, corporate accounts and government travel If your booking contains more than one guest (whether you and your family or a friend, or a group booking for 10 or more) or you are travelling under a corporate account, then we will collect your personal information from you or the person who made or updates the booking on your behalf. We may also disclose your personal information to the person who made or updated your booking or to other persons included in the booking. If your booking is made through your employer’s corporate travel agreement or through a government travel agreement (or for official government purposes) with Virgin Australia, we may collect your personal information from and disclose your personal information to your employer / relevant government body (or their representative), including your itinerary, information relating to your travel including check-in, “no-show” or boarding status and any incident reports. We will otherwise handle your personal information in accordance with this Privacy Policy. 5. Overseas disclosures We may disclose your personal information to organisations or persons located outside of Australia. The countries in which these organisations or persons are located will depend on the circumstances, but in the course of our ordinary operations, we generally disclose personal information to third parties located in the United Kingdom, the United States of America, India, The Philippines and Singapore, Indonesia and Germany, Ireland, Spain and Israel. 6. Thinking of joining us? When you apply for a job with us, we will generally collect the personal information that you include in your application, such as your contact details, career history and education details. We may also collect sensitive information from you if it is relevant for the role you are applying for, for example, medical information or criminal history. We may also collect information about whether you identify as Aboriginal or Torres Strait Islander for our Diversity and Inclusion Strategy. We may also obtain personal information about you from third parties with your consent, for example, from your previous employers or nominated referees. We collect personal information for the purpose of assessing and progressing your application. We will hold your personal information for future job opportunities with us, unless you tell us not to. We may disclose your personal information to our related entities, your referees and also to third party suppliers that we use to help with our recruitment processes, such as recruitment agencies and organisations that conduct competency or psychometric tests. We may also disclose your personal information to law enforcement agencies to verify whether you have a criminal record. 7. How we use cookies and web-tracking tools Cookies are tiny files sent to your browser and stored by your browser on your computer or other device that you're using to access our website or use our mobile applications. Our cookies collect your IP address or MAC address, the city associated with your IP or MAC address, the date and time of your visit to our website, pages viewed, the URL of the website that you viewed before our website and the type of browser you use. We also use web tracking/analytic tools that generate detailed statistics about traffic to our website and traffic sources. These tools can also measure and record conversions and sales. The cookies and web-tracking tools allow our websites and mobile applications to interact more efficiently with the device you are using and to help us improve the content and functioning of our website and mobile applications. We also use cookies to help us and our third party service providers present targeted and customised advertising to you on our website and on third party websites. 8. Our marketing and your personal information We use personal information that we hold about you to identify services and products that may be of interest to you. We may contact you by email, text message or other digital service (such as through our applications that you install on your device such as mobile or iPad), phone or post to let you know about our flight specials and promotions, and those of our airline and non-airline partners and third party offers and promotions or any new or existing products or services that may be of interest to you pre and post flight. You can contact us at any time if you no longer wish to receive marketing materials from us, our related entities or our partners. If you receive a marketing email from us, you can opt-out from that particular category of marketing email by clicking on the "unsubscribe" link at the bottom of the email. 9. How we hold your personal information and keep it safe 9.1 Our systems We mostly hold personal information electronically in our IT systems and databases. We also hold personal information in telephone recordings and in hard copy paper files. We use third party service providers to store some personal information. We take steps to protect the information that we hold about you from misuse, interference and loss, and from unauthorised access, modification or disclosure. We do this by having physical and electronic security systems and by limiting who can access your personal information. We also have online and network security systems in place for our websites, so that the information you provide us online is protected and secure. However, because of the nature of the internet, we cannot guarantee the security of your personal information. Please contact us if you become aware of any breach of security. 9.2 Keeping your booking safe Your Passenger Reference Number (located at the top of your flight confirmation) is like your password for your booking. You can help us protect your privacy by keeping your Passenger Reference Number safe. Don’t share your Passenger Reference Number with any other person, unless you are happy for them to receive information from us about your booking and travel arrangements and to make changes to your booking. We will only update a flight booking or otherwise provide information in relation to a booking (including passenger names, destinations, changes or interruptions to travel or no-shows) or provide copies of flight confirmations or tax invoices, if our verification criteria are met. If you believe your Passenger Reference Number has been obtained by someone who you do not want to have access to your booking, please notify us immediately. 10. Your right to access and correct your personal information You have a right to request access to or correction of the personal information we hold about you. If you wish to access, correct or update any personal information we hold about you, please contact us on the details below. We will need to verify your identity before we can process your request. We will respond to your request within a reasonable time of you making the request and give you access in the manner you requested, unless it is unreasonable or impracticable for us to do so. Sometimes we will be able to respond to your query over the phone, but sometimes we may need your request in writing and we might need some time to gather the requested information and get back to you. These more complex requests usually take us between 14 and 30 days. We might need to send a copy of the information to you by post or we might ask you to come and see us to have a look at the information. Making a request is free. But depending on what information you request access to, we may need to charge you for giving you access to the information. The charges will not be excessive and we'll let you know if a charge will apply before we proceed with giving you access. There is no charge for correcting your personal information. There may be reasons why we cannot give you access to the information that you have requested, or we refuse to correct your personal information. If this is the case, we will let you know these reasons in writing. If we refuse you access or to correct your personal information, you can make a complaint about this, by following the complaint procedures in this Privacy Policy. If we refuse to correct your personal information that we hold, you can ask us to associate with that information a statement that the information is inaccurate, out-of-date, irrelevant or misleading. 11. How to make a complaint If you have a complaint about how we have handled your personal information, you can make a complaint by contacting us using the details below. Once we have received your complaint, we will investigate and respond to you as soon as we can. We try to do this within 10 working days of receiving your complaint. If this is not possible, we will contact you and let you know when we will respond to your complaint. We take any privacy complaint seriously and will deal with your complaint fairly and promptly. However if you are not satisfied with our response or how we handled your complaint, you may complain to the Office of the Australian Information Commissioner (in writing) at: Office of the Australian Information Commissioner (OAIC) GPO Box 5218 Sydney NSW 2001 Phone: 1300 363 992 TTY: 1800 620 241 email: enquiries@oaic.gov.au If your complaint relates to our airline services (rather than privacy), you can contact us through our regular contact channels, where you will be directed to a complaint handling and dispute resolution process for eligible airline customers. 12. Changes to our Privacy Policy We may update our Privacy Policy from time to time. Our Privacy Policy was last updated in November 2017. By continuing to use our website or otherwise continuing to deal with us, you accept this Privacy Policy as it applies from time to time. We will post all updates to our privacy page. 13. Contact us You can contact us by: Email: privacy.au@tigerair.com.au Telephone: 1300 174266 (dialing within Australia) or +61 7 3295 2104. Writing to us at: Privacy Officer Tiger Airways Australia Pty Ltd PO Box 2101 Gladstone Park Melbourne VIC 3043 Jetstar Privacy Statement 1. Privacy Statement - Bookings Who is collecting your personal information? Your personal information is being collected by Tiger Airways Australia Pty Ltd. Our contact details are available on our website or you can email us at privacy.au@tigerair.com.au.au. Collection of your personal information Your personal information was collected by: You providing your details to us during your flight, holiday or experience booking. You booking a flight, holiday or experience through a travel or booking agent A third party making or updating a flight, holiday or experience booking on your behalf. If we have collected health information about you as part of the booking process, our Privacy Statement for Health Information applies to that information. Authority for collection of personal information We are required under the Customs Act 1901, Migration Act 1958, Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 to collect your contact details, passport details (where you are travelling to or from Australia) and your travel itinerary. Why do we collect your personal information? We collect your personal information: To process and make arrangements for your flight, holiday or experience booking and any additional products or services you requested during the booking process. To communicate with you before and after your flight, holiday or experience. To identify and arrange benefits for you with our airline and non-airline partners. To contact you by text message, email or other digital service (such as through our applications that you install on your device such as mobile or iPad) or phone with marketing material that may interest you pre and post flight. What would happen if we did not collect your personal information? If we cannot collect your personal information requested during the booking process, we will not be able to process your booking and may not be able to provide you with all or some of our other products and services. Who will we disclose your personal information to? We may disclose your personal information to our related companies including our airline and non-airline partners, Tigerair Travels Partners, security and law enforcement agencies, travel and booking agents and third parties who provide us with (or help us provide) products and services, including disclosure of your contact details and any health information you provided that is relevant to your booking. If there is more than one person named in your booking, we may disclose your personal information to the other passenger(s). We may disclose to and/or update your arrangements on request from any person who can provide the Passenger Reference Number for your booking and confirm the full name of one or more passengers or meet other verification criteria. In the event of an emergency, we may disclose your personal information to government departments and agencies and other support organisations involved in the emergency response, and to your family member(s) who contact us seeking information about your travel arrangements. Further information about our likely uses and disclosures of personal information is contained in our Privacy Policy. Access and correction of your personal information Our Privacy Policy located on our website contains information about how you can access or correct your personal information. Privacy complaints Our Privacy Policy contains information about how you can make a privacy complaint and how we will deal with a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. Overseas disclosure of your personal information We are likely to disclose your personal information to the overseas countries where our third party service providers (including customer support and technology-related services) are located. See our Privacy Policy for a full list of the countries to which we may disclose your personal information. Last updated November 2017 2. Privacy Statement for Health Information Who is collecting your personal information? Your health personal information is being collected by Tiger Airways Australia Pty Ltd. Our contact details are available at on our website or you can email us at privacy.au@tigerair.com.au. Collection of your personal information Your health information was collected by: You providing your health information or requesting Special Assistance, including through a travel or booking agent. A third party requesting Special Assistance or making a booking on your behalf. You providing a medical clearance form (including a medical certificate). You or a third party, such as your doctor or our/your insurer, providing health information in connection with a medical clearance, safety investigation, complaint or claim. By providing your health information (whether directly to us or through a third party on your behalf) in connection with any of the above circumstances, you consent to us collecting health information from you and using and disclosing your health information for the purposes set out in this Collection Notice. Why do we collect your personal information? We collect your health information: To establish your requirements and make any Special Assistance or other travel arrangements for you when you are travelling with us or one of our holiday or experience providers. To process your medical clearance form. To investigate a safety incident or accident, complaint or claim that you were involved in. What would happen if we did not collect your personal information? If we cannot collect your health in connection with a Special Assistance Request or a medical clearance form, we may not be able to provide you with Special Assistance and/or process your flight or experience booking. We may not be able to fully investigate a safety incident, complaint or claim if we cannot collect certain health information from you. Who will we disclose your personal information to? We may disclose your health information to our related companies, our airline partners, security and law enforcement agencies. If there is more than one person named in your booking, or you are travelling with a support person, we may disclose your health information to that person(s). Any other person or organisation from whom you have asked us to obtain or to disclose health and other personal information, for example, your doctor. Third parties who provide us with (or help us provide) products and services. These include providers of our catering services (where your health information results in a special meal request on-board), ground handling services, technology and related support services and call centre services. In the event of an emergency or other incident in which you are involved, we may disclose your health and other personal information to persons and organisations involved in the emergency/incident response, and to your family member(s) who contact us seeking information about you or the incident. Further information about our likely uses and disclosures of personal information is contained in our Privacy Policy. Access and correction of your personal information Our Privacy Policy located on our website contains information about how you can access or correct your personal information. Privacy complaints Our Privacy Policy contains information about how you can make a privacy complaint and how we will deal with a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. Overseas disclosure of your personal information We are likely to disclose your health information to the overseas countries where our third party service providers (including customer support and technology-related services) are located. See our Privacy Policy for a full list of the countries to which we may disclose your personal information. Last updated November 2017 3. Privacy Statement for Tigermail Tiger Airways Australia Pty Ltd (“Tigerair”, “we” or “us”) is collecting your personal information in order to email you with our latest flight and experiences offers and those of our partners and provide you with other promotional offers and information about us, our related entities and partners that may be of interest to you. If we cannot collect this information from you, we will not be able to add you to our Tigermail email distribution list. We may disclose your personal information to and/or collect your personal information from our related companies and third parties who provide us with (or help us provide) products and services. Please read our Privacy Policy located on our website (https://tigerair.com.au/legal/privacy-policy) for information about how we will handle your personal information, our likely overseas disclosures and how you can access or correct your personal information or make a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. 4. Privacy Statement for General Enquiries When you communicate with Tiger Airways Australia Pty Ltd (“Tigerair”, “we” or “us”) through our website, Customer Contact Centre, via email, through one of our staff or contractors at an airport terminal or at our corporate premises) we may collect your personal information. We may collect your personal information (even if you do not proceed with a booking or otherwise purchase goods or services from us), in order to help us respond to your enquiry, communicate with you regarding our business, provide you with any services or products that you may have requested and help us improve our business operations. If we cannot collect personal information from you, we may not be able to respond to the enquiry or resolve the matter. If you have consented or if otherwise permitted by law, we may also contact you by email with marketing material that may interest you if you have provided us with your email address in connection with the enquiry. We may disclose your personal information to and/or collect your personal information from our related companies and third parties who provide us with (or help us provide) products and services. Please read our Privacy Policy located on our website (https://tigerair.com.au/legal/privacy-policy) for information about how we will handle your personal information, our likely overseas disclosures and how you can access or correct your personal information or make a privacy complaint. You can contact our Privacy Officer at privacy.au@tigerair.com.au. AliBaba Free Membership Agreement Free Membership Agreement Updated on Aug 15, 2016 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. 1. ACCEPTANCE OF TERMS 1.1 WELCOME TO ALIBABA.COM'S FREE SERVICE (the "SERVICE"). The following sets forth the terms and conditions of the Alibaba.com Free Membership Agreement (this "Agreement") between you (“Member”) and an Alibaba.com company ("Alibaba.com") under which Alibaba.com offers you access to the Service through the web sites identified by the uniform resource locator www.alibaba.com and the www.aliexpress.com (the "Sites"). If you are from mainland China, your contract is with Hangzhou Alibaba Advertising Co., Ltd,other than in relation to Promotion Services (as defined in the Alibaba.com Terms of Use), in which case your contract for such services is with Alibaba.com Hong Kong Limited. If you are from Hong Kong and Macau, your contract is with Alibaba.com Hong Kong Limited. If you reside outside mainland China, Hong Kong and Macau, your contract is with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). As some or part of the Services (as defined in the Alibaba.com Terms of Use, as defined below) may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate some of the Services to its affiliates, particularly Alibaba.com (Europe) Limited incorporated in the United Kingdom, who you agree may invoice you for their part of the Services. Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S TERMS OF USE AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "TERMS OF USE"). The Alibaba.com Free Membership Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use. 1.2 Alibaba.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by Alibaba.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. 2. THE SERVICE 2.1 The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement. 2.2 The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Alibaba.com and notified to you) ("Free Member Benefits"): a) Company Profile - allows each Member to display and edit basic information about its business, such as year and place of establishment, estimated annual sales, number of employees, and products and services offered, etc. b) Products - allows each Member to display and edit descriptions, specifications and images of at least 5 products. c) Unlimited Buyer Trade Lead Posting - allows each Member to post on the Site for public display offers to buy products and services from other users of the Site. 2.3 Alibaba.com may suspend or terminate all or part of the above Free Member Benefits at any time in its sole discretion. Alibaba.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion. 2.4 Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available. 2.5 The availability of any transactional features and functions on the Site to any Member may be conditional on verification of Member’s identity and/or its designated bank account by Alibaba.com and/or its approved independent third parties. 2.6 Alibaba.com shall issue a Member ID and Password (the latter shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another person outside of the Member's business entity. Each Member acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to Alibaba.com and each Member shall indemnify Alibaba.com against any loss or damages (including but not limited to loss of profits) suffered by Alibaba.com as a result of such multiple use of an Account. Each Member hereby undertakes to notify Alibaba.com immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that Alibaba.com shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph. 2.7 Alibaba.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Alibaba.com. 2.8 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall Alibaba.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service. 2.9 If your IP address comes from the mainland China when you successfully complete the registration with Alibaba.com Free Membership, you will be granted an Alipay Username in addition to your Member ID. If your registration was completed before March 18, 2013 or the email address you used for your registration has already been registered with other Alibaba Sites (as defined below), you will not be granted the Alipay Username. You are allowed to use the Alipay Username to login to the websites including www.alipay.com, www.taobao.com, www.tmall.com, www.etao.com, www.ju.taobao.com, www.aliyun.com, www.china.alibaba.com and other websites (collectively, the “Alibaba Sites”). You hereby represent and agree to authorize Alibaba.com to provide all the information associated with your Member ID to the Alibaba Sites for the purpose of facilitating your easy and fast access to the Alibaba Sites. Your responsibilities with regard to the Alipay Username shall apply to the same terms and conditions in connection with the Member ID as prescribed under this Agreement. Alibaba.com reserves the right, without prior notice and at its sole discretion, to suspend, restrict or deny access to or use of your Alipay Username and services provided by Alibaba.com and Alibaba Sites if you: (a) use the services provided by Alibaba.com, the Sites and the Alibaba Sites to defraud any person or entity; (b) engage in any unlawful activities including without limitation those which would constitute the infringement of intellectual property rights, a civil liability or a criminal offence; (c) engage in any activities that would otherwise create any liability for Alibaba.com, the Sites or the Alibaba Sites. 3. MEMBER RESPONSIBILITIES 3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Alibaba.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Alibaba.com to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. 3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not: a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; b) be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose; c) infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights; d) impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; e) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); f) contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing; g) contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; h) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; j) involve attempts to copy, reproduce, exploit or expropriate Alibaba.com's various proprietary directories, databases and listings; k) involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and l) involve any scheme to undermine the integrity of the computer systems or networks used by Alibaba.com and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks; m) link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use; or n) otherwise create any liability for Alibaba.com or its affiliates. 3.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees. 3.4 Member shall not take any action which may undermine the integrity of Alibaba.com's feedback system, such as leaving positive feedback for himself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another Member. 3.5 Each Member acknowledges and agrees that Alibaba.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Alibaba.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. 3.6 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Alibaba.com or authorizes Alibaba.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Alibaba.com or authorizes Alibaba.com to display. 3.7 If any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 or 3.6 above, or if Alibaba.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Member or third party, Alibaba.com has reasonable grounds to believe that such Member has willfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if Alibaba.com has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, Alibaba.com has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without any compensation, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Alibaba.com. Further, Alibaba.com reserves the right in it sole discretion to place restrictions on the number of product listings that a Member can post on the Site for such duration as Alibaba.com may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Alibaba.com to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in Alibaba.com's opinion. Alibaba.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Alibaba.com may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Alibaba.com shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against Alibaba.com for such disclosure. In connection with any of the foregoing, Alibaba.com may suspend or terminate the Account of any Member as Alibaba.com deems appropriate in its sole discretion. 3.8 Each Member agrees to indemnify Alibaba.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the Terms of Use. Each Member further agrees that Alibaba.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Alibaba.com reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Alibaba.com in asserting any available defenses. 4. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS 4.1 Through the Sites, Alibaba.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers. Alibaba.com reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Site, Alibaba.com does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. Alibaba.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. 4.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. Alibaba.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Sites. However, because user verification on the Internet is difficult, Alibaba.com cannot and does not confirm each free member's purported identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the representative of a seller in mainland China opening a storefront on www.aliexpress.com according to the applicable laws in mainland China. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing. 4.3 Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Member agrees that Alibaba.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. 4.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. 4.5 Member agrees to provide all information and materials as may be reasonably required by Alibaba.com in connection with its transactions made via the transactional platform on the Site. Alibaba.com has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials. 4.6 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify Alibaba.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. 5. USE OF DISCUSSION BOARDS ON THE SITE 5.1 Alibaba.com provides its Members use of discussion boards on the Site free of charge to promote and encourage open, honest and respectful communication between all of our Members. The discussion boards on the Site shall not be used as a marketing platform by Members and Members shall not post any information relating to trade leads, promotion of their products or their company profile. 5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through a discussion board on the Site, are the sole responsibility of such Member from whom the content originated. This means that the posting Member, and not Alibaba.com, is entirely responsible for all content that is uploaded or posted via our discussion boards on the Site. Alibaba.com does not control the content posted via discussion boards and therefore does not guarantee the accuracy, integrity or quality of such content. 5.3 Alibaba.com reserves the right to delete or edit any postings in its sole discretion without prior notice. Alibaba.com may monitor posting activities of any Member who is in breach of this Agreement and may restrict their ability to post messages on the discussion boards on the Site. Under no circumstances will Alibaba.com be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of the discussion boards by such Member. Each Member agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Member understands that by using the Alibaba.com discussion boards on the Site, such Member may be exposed to content that is offensive, indecent or objectionable. 5.4 Without prejudice to each Member's responsibilities under Clause 3 of this Agreement, each Member agrees not to use the discussion boards on the Site to: a) upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content; d) "stalk" or otherwise harass another; e) collect or store personal data about other users; f) upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; g) upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party; h) upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation; i) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; j) upload, post or e-mail any content that contains a complaint regarding Alibaba.com's services or refers to such a complaint on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site; or k) violate any applicable national or internal laws or regulations. 5.5 Each Member acknowledges that Alibaba.com does not pre-screen content but that Alibaba.com shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the discussion boards on the Site. 5.6 Each Member grants to Alibaba.com a perpetual, world-wide, royalty-free irrevocable, non-exclusive licence (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) such Member uploaded, posted or supplied to Alibaba.com for posting on the Sites and/or to incorporate such content in other works in any form, media or technology now known or developed. 5.7 Each Member shall indemnify and hold Alibaba.com and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Member uploaded, posted or e-mailed on or through the discussion boards on the Site, such Member's use of the discussion boards on the Site, or such Member's breach of the provisions set out in Clause 5.4. 5.8 On being made aware of any such breaches, Alibaba.com may ban, delete or prohibit any content that relates to those breaches or that Alibaba.com in its sole discretion consider to be harmful to the public or the rights of Alibaba.com or any of its affiliates, licensors, partners or Members. 5.9 Alibaba.com reserves the right to take whatever action it deems necessary to prevent a Member's breach of Clause 5.4 including the following: a) issue a warning letter to the relevant Member (where the breaches are deemed by Alibaba.com to be minor); or b) ban the relevant Member from discussion boards on the Site (where the breaches are deemed by Alibaba.com to be major). All incidents will be logged and Alibaba.com's decision shall be final in all such cases. 5.10 All information and/or other content posted on the Site by the Alibaba.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations. 6. LIMITATION OF LIABILITY 6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALIBABA.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. 6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. 6.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member's sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from Alibaba.com or through or from the Service shall create any warranty not expressly stated in this Agreement. 6.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Alibaba.com and its affiliates be held liable for any such services or products. 6.5 Under no circumstances shall Alibaba.com be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. 6.6 Alibaba.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following: a) the use or the inability to use the Service; b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site; c) unauthorized access by third parties to data or private information of any Member; d) statements or conduct of any user of the Site; or e) any other matter relating to the Service however arising, including negligence. 6.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of the Service or the Site shall be limited to HK$100. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within either one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Agreement. 7. INTELLECTUAL PROPERTY RIGHTS 7.1 Alibaba.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Alibaba.com or its affiliates. All rights not otherwise claimed under this Agreement or by Alibaba.com are hereby reserved. 7.2 "ALIBABA", "ALIBABA.COM" and related icons and logos are registered trademarks or trademarks or service marks of Alibaba Group Holding Limited, and "GOLD SUPPLIER", "TRUSTPASS", "ALIEXPRESS" and related icons and logos are registered trademarks or trademarks or service marks of Alibaba.com Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. 8. GENERAL 8.1 This Agreement and the Terms of Use constitute the entire agreement between the Member and Alibaba.com with respect to and governs the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein. 8.2 Alibaba.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 8.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 8.5 Alibaba.com's failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive Alibaba.com's right to act with respect with subsequent or similar breaches. 8.6 Alibaba.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Alibaba.com). The Member may not assign, in whole or part, this Agreement to any person or entity. 8.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD ACCORDING TO PARAGRAPH 1.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE PRC COURTS. IF YOUR CONTRACT IS WITH ALIBABA.COM HONG KONG LIMITED OR ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION ("HONG KONG") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE HONG KONG COURTS. 8.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail. DAEMON Tools for Mac End User License Agreement IMPORTANT — READ CAREFULLY: This DAEMON Tools for Mac End User License Agreement ("EULA") is agreement between you (either an individual or a single entity) and Disc Soft Ltd for the DAEMON Tools for Mac software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, download or use the SOFTWARE PRODUCT. You are allowed to use SOFTWARE PRODUCT if your local law allows that, and you are a legal owner of the original CD, DVD or HDD disc you want to create or its backup copy. SOFTWARE PRODUCT is not freeware. The license types available for you during the installation process of SOFTWARE PRODUCT may differ in regards to your region. Paid license: you are entitled to use the Paid license of SOFTWARE PRODUCT perpetually after the order is paid and processed. Trial license: you are entitled to use the Trial license of SOFTWARE PRODUCT during the trial period, that can be changed by Disc Soft LTD at its sole discretion. The SOFTWARE PRODUCT is provided "as is". Disc Soft Ltd cannot be held responsible for any loss of data or other misfortunes resulting from the use of the SOFTWARE PRODUCT. Likewise, Disc Soft Ltd cannot be held responsible for the use or misuse of the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Disc Soft Ltd or its suppliers own the title, copyright and other intellectual property rights contained in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. Third parties can use the package of the SOFTWARE PRODUCT in other freeware products, as long as they leave the package of the SOFTWARE PRODUCT unmodified and include credits to Disc Soft Ltd. Commercial products that 'need' or 'base on' the SOFTWARE PRODUCT (e.g. GUI etc.) require the written permission of Disc Soft Ltd. Third parties that want to include the SOFTWARE PRODUCT in a commercial product, must request a permission via web form at https://www.disc-soft.com/sendmsg/fin. 1. GRANT OF LICENSE. This EULA grants the following rights provided to you to comply with all terms and conditions contained in this EULA: • Installation and Use. Disc Soft Ltd grants to you a non-exclusive and limited license to install and use a reasonable number of copies of the SOFTWARE PRODUCT in depend of your license. Paid license: you are allowed to install and use a number of the SOFTWARE PRODUCT copies, ordered during the purchase, on the computer(s)/operating system(s) that you use ("licensed instance(s)"). You have to validate your license once (active Internet connection is required during validation) and thus assign it to the computer/operating system. You may reassign the license to another instance. If you reassign the license then other instance becomes the "licensed instance". Trial license: you are allowed to install and use the SOFTWARE PRODUCT during the trial period. • Reservation of Rights. Disc Soft Ltd reserves all rights not expressly granted to you in this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS • Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. • Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. • •Support Services. Disc Soft Ltd may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Disc Soft Ltd policies and programs described in "online" documentation, and/or in other materials provided by Disc Soft Ltd. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information, you provide to Disc Soft Ltd as a part of the Support Services, Disc Soft Ltd may use such information for its business purposes, including product support and development. Disc Soft Ltd will not utilize such technical information in a way that personally identifies you. Paid license users are entitled to unlimited technical support. Trial license users may receive technical support, but it is not obligatory. Technical support is provided via e-mail ONLY. Support services will NOT be provided to users who would use very rude or obscene language in their support requests. • Information rights and publicity. Disc Soft Ltd may retain and use information that is recorded about you so that it no longer reflects or references you as an individually identifiable user ("Non-personal Information") collected in your use of the SOFTWARE PRODUCT. Disc Soft Ltd will not share information associated with your use with any third parties unless Disc Soft Ltd (i) has your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Disc Soft Ltd, SOFTWARE PRODUCT, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Disc Soft Ltd behalf (e.g., data storage) with strict restrictions that prevent the data from being used or shared except as directed by Disc Soft Ltd. When this is done, it is subject to agreements that oblige those parties to process such information only on Disc Soft Ltd instructions and in compliance with this EULA and appropriate confidentiality and security measures. • Applicable law. This EULA is governed by law of Belize. • No Rental: You may not rent, lease, or lend the SOFTWARE PRODUCT. • Termination. Without prejudice to any other rights, Disc Soft Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 3. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Disc Soft Ltd AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SOFTWARE PRODUCT ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. 4. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Disc Soft Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Disc Soft Ltd OR ANY SUPPLIER, AND EVEN IF Disc Soft Ltd OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), in no event will Disc Soft Ltd AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION be liable for any damages or losses arising from the use of SOFTWARE PRODUCT or inability to use the SOFTWARE PRODUCT, including, without limitation, damages to users’ systems and/or software and/or data, computer failure or malfunction, computer virus transmission, performance delays or communication failures or security breaches. This provision shall survive the expiration or termination of this Agreement. 6. RISK ACTIVITIES. The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use in environments in which its failure could lead directly to death, personal injury, or severe physical or environmental damage, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems ("High Risk Activities"). ACCORDINGLY, Disc Soft Ltd AND ITS LICENSORS AND OTHER SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT Disc Soft Ltd WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT IN SUCH APPLICATIONS. 7. U.S. Government Users. If you are a U.S. Government user, then the Software Application is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable. 8. ENTIRE AGREEMENT. This EULA (including any addendum or amendment which is supplied with the SOFTWARE PRODUCT) constitutes the entire agreement between you and Disc Soft Ltd relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To extent of terms of any Disc Soft Ltd policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. DAEMON Tools for Mac End User License Agreement Revision of May 14, 2014 Copyright © 2000-2015 Disc Soft Ltd. Department of Internal Affairs Public Terms of Use The connection you have accessed (the Service) is a free public service provided by the Department of Internal Affairs (DIA). Your access to the Service is at the discretion of DIA, and may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these terms of use, actions that may lead to liability for DIA, disruption of access to other users or networks, and violation of applicable laws or regulations. DIA may revise these terms of use at any time. You must accept these terms of use each time you use the Service and it is your responsibility to review the terms for any changes each time. Acceptable Use of the Service Your access to the Service is conditional upon legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service must not violate any applicable law or regulation or the rights of DIA, or any third party. You must not use the Service for the following activities: Spamming and Invasion of Privacy Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another's privacy. Intellectual Property Right Violations Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party Obscene or Indecent Speech or Materials Using the Service to advertise, solicit, transmit, store, post, display, or otherwise make available objectionable or indecent images or other materials. DIA will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in contravention of these terms. Defamatory or Abusive Language Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another. Hacking Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity. Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment. Facilitating a Violation of these Terms of Use Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate these terms of use, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software. Other Illegal Activities Using the Service in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services. Resale You must not sell, transfer, or rent the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale. Notice of Violations Anyone who believes that there may be a violation of these terms of use (including the terms on acceptable use) must contact the DIA email: info@dia.govt.nz or webmaster@dia.govt.nz Disclaimer You acknowledge that: 1. The Service is not represented to be uninterrupted or error-free; 2. Viruses or other harmful applications may be available through the Service; 3. DIA does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; and 4. The limited warranty, disclaimer and exclusion of limitation specified in these terms of use reflect that the Service is provided for free. You are responsible for providing security measures that are suited for your intended use of the Service. For example, you take full responsibility for taking adequate measures to safeguard your data from loss. Provided on an "as is" basis The Service is provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content and the operation, capacity, speed, functionality, qualifications, or capabilities of the Service (including, but not limited to, any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are expressly excluded and disclaimed. Exclusion of Liability Under no circumstances shall DIA be liable to you, any user, or any third party on account of your or that party's use or misuse of or reliance on the Service or arising from any claim relating to these terms of use. This exclusion of liability is intended to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise. The exclusion of liability includes (but is not limited to) damages arising from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the Service (including such damages incurred by third parties), claims for unauthorized access, damage, or theft of your system or data, loss of goodwill or profits, loss of data, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. Indemnity You agree to indemnify and hold harmless DIA from any claim, liability, loss, damage, cost, or expense (including without limitation legal fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of these terms of use. Miscellaneous These terms of use will be governed by and construed in accordance with the laws of New Zealand. These terms of use constitute the entire agreement between the parties with respect to the Service and supersede and replace all other understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of use will be effective only if in writing and signed by DIA. D-Link End User License Agreement IMPORTANT: DO NOT USE OR LOAD THIS SOFTWARE OR ANY RELATEDMATERIALS UNTIL YOU HAVE CAREFULLY READ THE FOLLOWINGTERMS AND CONDITIONS. D-LINK CORPORATION AND ITS AFFILIATES.(“D-LINK”) WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU FIRSTACCEPT THE TERMS OF THIS AGREEMENT. BY COPYING, INSTALLINGAND/OR USING THE SOFTWARE OR USING THE DEVICE THAT CONTAINSTHE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IFYOU DO NOT WISH TO AGREE TO THE TERMS OF THIS AGREEMENT,PROMPTLY RETURN THE UNUSED SOFTWARE OR DEVICE CONTAININGTHE SOFTWARE TO THE PARTY (D-LINK OR ITS AUTHORIZED RESELLER)FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNTYOU PAID.The term “Software” means all original software and all whole or partial copiesof it. Software consists of machine-readable instructions, its components,data, audio-visual content (such as images, text, recordings, or pictures),and related materials.1. License. D-Link grants you a non-exclusive, non-transferable license(without the right to sublicense) under D-Link’s copyrights embodiedin the Software to reproduce and use, but not to make derivative worksof, the Software, solely in connection with the product with which youacquired the Software.2. Restrictions. You may not remove any copyright or other proprietarynotices from the Software and must reproduce such notices on eachcopy, or partial copy, of the Software. You may not, and may not permitothers to, (i) use, copy, modify, sell, distribute or otherwise transfer theSoftware except as expressly provided in this Agreement; (ii) reverseengineer, decompile, disassemble or otherwise translate the Software; or(iii) sublicense, rent or lease the Software. 3. Ownership of Software and Copyrights. The Software is owned by D-Link and/ or licensors and is licensed to you, not sold. Title to the Software and all copies ofthe Software remains with D-Link, its afliates and/or licensors. The Software iscopyrighted and protected by the laws of the United States and other countries,and international treaty provisions. D-Link may make changes to the Software,or to items referenced therein, at any time without notice, and is not obligatedto support or update the Software. Except as otherwise expressly providedherein, D-Link grants no express or implied right under any patents, copyrights,trademarks, or other intellectual property rights.4. Content Restrictions / Illegal Use. The Software may contian peer-to-peerfunctionalities, including the ability to share materials that a copyright owner hasnot authorized to be shared. It is unlawful, and D-Link does not license the use ofthe Software to infringe the intellectual property rights of others, or to reproduce,share, capture, store, retransmit, distribute, burn to CD or other format, ordownload others’ protected, proprietary and/or condential information withoutauthorization from the copyright owner, or to share, distribute or downloadunlawful pornographic materials (collectively “Illegal Use”). By using theSoftware you agree and represent that you will not use, or permit others to use,the Software to share, distribute or download content for an Illegal Use, and youfurther agree to assume all risk and liability associated with any use contrary tothe foregoing.5. Limited Media Warranty. If the Software has been delivered by D-Link on physicalmedia, D-Link warrants the media to be free from material physical defects for aperiod of ninety days after delivery by D-Link. If such a defect is found, return themedia to D-Link for replacement or alternate delivery of the Software as D-Linkmay select.6. Exclusion of Other Warranties. EXCEPT AS EXPRESSLY PROVIDED ABOVE,THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIEDWARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. D-Link doesnot warrant or assume responsibility for the accuracy or completeness of anyinformation, text, graphics, links or other items contained within the Software. 7. Limitation of Liability. IN NO EVENT SHALL D-LINK, ITS AFFILIATES ORLICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION ORLOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USETHE SOFTWARE, EVEN IF D-LINK HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION ORLIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIALOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLYTO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROMJURISDICTION TO JURISDICTION.8. Termination of this Agreement. D-Link may terminate this Agreement at anytime if you violate its terms. Upon termination, you will immediately destroythe Software or return all copies of the Software to D-Link.9. Applicable Laws. Claims arising under this Agreement shall be governed bythe laws of Taiwan, excluding its principles of conict of laws and the UnitedNations Convention on Contracts for the Sale of Goods. You may not exportthe Software in violation of applicable export laws and regulations. D-Linkis not obligated under any other agreements unless they are in writing andsigned by an authorized representative of D-Link.10. Government Restricted Rights. The Software is provided with “RESTRICTEDRIGHTS.” Microsoft Software License Terms - Microsoft Media Creation Tool MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT MEDIA CREATION TOOL IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED. These license terms are an agreement between you and Microsoft Corporation (or one of its affiliates). They apply to the software named above and any Microsoft services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Microsoft’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. 1. INSTALLATION AND USE RIGHTS. a) General. You may install and use one copy of the software to develop and test your applications, and solely for use on Windows. You may make one backup copy of the software for the sole purpose of reinstalling the software. b) Third Party Software. The software may include third party applications that Microsoft, not the third party, licenses to you under this agreement. Any included notices for third party applications are for your information only. 2. DATA COLLECTION. The software may collect information about you and your use of the software and send that to Microsoft. Microsoft may use this information to provide services and improve Microsoft’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Microsoft’s data collection and use in the product documentation and the Microsoft Privacy Statement at https://go.microsoft.com/fwlink/?LinkId=521839. You agree to comply with all applicable provisions of the Microsoft Privacy Statement. 3. SCOPE OF LICENSE. The software is licensed, not sold. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to): a) work around any technical limitations in the software that only allow you to use it in certain ways; b) reverse engineer, decompile or disassemble the software; c) remove, minimize, block, or modify any notices of Microsoft or its suppliers in the software; d) use the software in any way that is against the law or to create or propagate malware; or e) share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party. 4. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on export restrictions, visit (aka.ms/exporting). 5. SUPPORT SERVICES. Microsoft is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind. 6. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices. 7. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Microsoft have a dispute, you and Microsoft agree to try for 60 days to resolve it informally. If you and Microsoft can’t, you and Microsoft agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. The complete Arbitration Agreement contains more terms and is at aka.ms/arb-agreement-1. You and Microsoft agree to these terms. 8. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts. 9. ENTIRE AGREEMENT. This agreement, and any other terms Microsoft may provide for supplements, updates, or third-party applications, is the entire agreement for the software. 10. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Microsoft consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Microsoft consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration). 11. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a) Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights. b) Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software. c) Germany and Austria. (i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence. 12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, MICROSOFT EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 13. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages. MICROSOFT SOFTWARE LICENSE TERMS WINDOWS OPERATING SYSTEM IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10. IT AFFECTS HOW DISPUTES ARE RESOLVED. Thank you for choosing Microsoft! Depending on how you obtained the Windows software, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Microsoft Corporation (or, based on where you live or if a business where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Microsoft is the device manufacturer for devices produced by Microsoft or one of its affiliates, and Microsoft is the retailer if you acquired the software directly from Microsoft. This agreement describes your rights and the conditions upon which you may use the Windows software. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement that applies to you. You can review linked terms by pasting the (aka.ms/) link into a browser window. By accepting this agreement or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any. 1. Overview. a. Applicability. This agreement applies to the Windows software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Microsoft updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Windows apps developed by Microsoft that provide functionality such as mail, contacts, music and photos that are included with and are a part of Windows. If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply. b. Additional terms. Additional Microsoft and third party terms may apply to your use of certain features, services and apps, depending on your device’s capabilities, how it is configured, and how you use it. Please be sure to read them. (i) Some Windows apps provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies, such as the Microsoft Services Agreement at (aka.ms/msa). You can view these terms and policies by looking at the service terms of use or the app’s settings, as applicable. The services may not be available in all regions. (ii) Microsoft, the manufacturer or installer may include additional apps, which will be subject to separate license terms and privacy policies. (iii) The software includes Adobe Flash Player that is licensed under terms from Adobe Systems Incorporated at (aka.ms/adobeflash). Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. (iv) The software may include third party programs that are licensed to you under this agreement, or under their own terms. License terms, notices and acknowledgements, if any, for the third party programs can be viewed at (aka.ms/thirdpartynotices). (v) To the extent included with Windows, Word, Excel, PowerPoint and OneNote are licensed for your personal, non-commercial use, unless you have commercial use rights under a separate agreement. 2. Installation and Use Rights. a. License. The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your device (the licensed device), for use by one person at a time, so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software from Microsoft or authorized sources does not make your original version or the updated/upgraded version genuine, and in that situation, you do not have a license to use the software. b. Device. In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device. c. Restrictions. The manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not: (i) use or virtualize features of the software separately; (ii) publish, copy (other than the permitted backup copy), rent, lease, or lend the software; (iii) transfer the software (except as permitted by this agreement); (iv) work around any technical restrictions or limitations in the software; (v) use the software as server software, for commercial hosting, make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users; (vi) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software; or (c) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software; and (vii) when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner. d. Multi use scenarios. (i) Multiple versions. If when acquiring the software you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time. (ii) Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using. (iii) Device connections. You may allow up to 20 other devices to access the software installed on the licensed device for the purpose of using the following software features: file services, print services, Internet information services, and Internet connection sharing and telephony services on the licensed device. You may allow any number of devices to access the software on the licensed device to synchronize data between devices. This section does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this section), on any of these other devices. (iv) Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance. (v) Remote access. No more than once every 90 days, you may designate a single user who physically uses the licensed device as the licensed user. The licensed user may access the licensed device from another device using remote access technologies. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software. (vi) Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems. e. Backup copy. You may make a single copy of the software for backup purposes, and may also use that backup copy to transfer the software if it was acquired as stand-alone software, as described in Section 4 below. 3. Privacy; Consent to Use of Data. Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement (aka.ms/privacy), and as may be described in the user interface associated with the software features. 4. Transfer. The provisions of this section do not apply if you acquired the software in Germany or in any of the countries listed on this site (aka.ms/transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law. a. Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. b. Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices. 5. Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated with a genuine product key or by other authorized method. When you connect to the Internet while using the software, the software will automatically contact Microsoft or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails, the software will attempt to repair itself by replacing any tampered Microsoft software with genuine Microsoft software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed, see (aka.ms/genuine). Certain updates, support, and other services might only be offered to users of genuine Microsoft software. 6. Updates. The softwareperiodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice. 7. Downgrade Rights. If you acquired a device from a manufacturer or installer with a Professional version of Windows preinstalled on it and it is configured to run in full feature mode, you may use either a Windows 8.1 Pro or Windows 7 Professional version, but only for so long as Microsoft provides support for that earlier version as set forth in (aka.ms/windowslifecycle). This agreement applies to your use of the earlier versions. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of such components. Neither the manufacturer or installer, nor Microsoft, is obligated to supply earlier versions to you. You must obtain the earlier version separately, for which you may be charged a fee. At any time, you may replace an earlier version with the version you originally acquired. 8. Geographic and Export Restrictions. If your software is restricted for use in a particular geographic region, then you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. For further information on geographic and export restrictions, visit (aka.ms/georestrict) and (aka.ms/exporting). 9. Support and Refund Procedures. a. For software preinstalled on a device. For the software generally, contact the device manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Microsoft, Microsoft may provide limited support services for properly licensed software as described at (aka.ms/mssupport). If you are seeking a refund, contact the manufacturer or installer to determine its refund policies. You must comply with those policies, which might require you to return the software with the entire device on which the software is installed for a refund. b. For software acquired from a retailer. Microsoft provides limited support services for properly licensed software as described at (aka.ms/mssupport). If you purchased the software from a retailer and are seeking a refund, and you cannot obtain one where you acquired the software, contact Microsoft for information about Microsoft’s refund policies. See (aka.ms/msoffices), or in North America, call (800) MICROSOFT or see (aka.ms/nareturns). 10. Binding Arbitration and Class Action Waiver if You Live in (or if a Business Your Principal Place of Business is in) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Microsoft, the device manufacturer, and software installer. a. Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the manufacturer or installer, or you and Microsoft, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. b. Mail aNotice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to the manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Microsoft, mail it to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at (aka.ms/disputeform). We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved. c. Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s requirements, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or our principal place of business–King County, Washington USA if your dispute is with Microsoft. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court. d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer Arbitration Rules). For more information, see (aka.ms/adr) or call 1-800-778-7879. To start an arbitration, submit the form available at (aka.ms/arbitration) to the AAA; mail a copy to the manufacturer or installer (or to Microsoft if your dispute is with Microsoft). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (of if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. e. Arbitration fees and payments. (i) Disputes involving $75,000 USD or less. The manufacturer or installer (or Microsoft if your dispute is with Microsoft) will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, the manufacturer or installer (or Microsoft if your dispute is with Microsoft) will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them. (ii) Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. (iii) Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves. f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes — see Section 10.a.) within one year from when it first could be filed. Otherwise, it’s permanently barred. g. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 10 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 10 still applies. h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. i. Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-party beneficiary of your agreement with the manufacturer or installer to resolve disputes through informal negotiation and arbitration. 11. Governing Law. The laws of the state or country where you live (or if a business where your principal place of business is located) govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration. 12. Consumer Rights, Regional Variations. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a. Australia. References to “Limited Warranty” are references to the express warranty provided by Microsoft or the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law. In this section, “goods” refers to the software for which Microsoft or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates. c. European Union. The academic use restriction in Section 13.d(i) below does not apply in the jurisdictions listed on this site: (aka.ms/academicuse). d. Germany and Austria. (i) Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, the manufacturer or installer, and Microsoft, give no contractual guarantee in relation to the licensed software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the manufacturer or installer, or Microsoft is liable according to the statutory law. Subject to the preceding sentence, the manufacturer or installer, or Microsoft will only be liable for slight negligence if the manufacturer or installer or Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, the manufacturer or installer or Microsoft will not be liable for slight negligence. e. Other regions. See (aka.ms/variations) for a current list of regional variations. 13. Additional Notices. a. Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. Certain features of the software may help you access the Internet more efficiently, but the software’s usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so. b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE (AKA.MS/MPEGLA). c. Malware protection. Microsoft cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired. To do so, other antimalware software will be disabled or may have to be removed. d. Limited rightsversions. If the software version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the software for commercial, non-profit, or revenue-generating activities. (i) Academic. For academic use, you must be a student, faculty or staff of an educational institution at the time of purchase. (ii) Evaluation. For evaluation (or test or demonstration) use, you may not sell the software, use it in a live operating environment, or use it after the evaluation period. Notwithstanding anything to the contrary in this Agreement, evaluation software is provided “AS IS” and no warranty, implied or express (including the Limited Warranty), applies to these versions. (iii) NFR. You may not sell software marked as “NFR” or “Not for Resale”. (iv) Preview.You may choose to use preview, insider, beta or other pre-release versions of the software (“previews”) that Microsoft may make available. You may use previews only up to the software’s expiration date and so long as you comply with all the terms of this agreement. Previews are experimental and may be substantially different from the commercially released version. Notwithstanding anything to the contrary in this agreement, previews are provided “AS IS,” and no warranty, implied or express (including the Limited Warranty), applies to these versions. By installing previews on your device, you may void or impact your device warranty and may not be entitled to support from the manufacturer of your device or network operator, if applicable. Microsoft is not responsible for any damage therebycaused to you. Microsoft may not provide support services for previews. If you provide Microsoft comments, suggestions or other feedback about the preview (“submission”), you grant Microsoft and its partners rights to use the submission in any way and for any purpose. 14. Entire Agreement. This agreement (together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the manufacturer or installer, or Microsoft, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the manufacturer or installer, or Microsoft, provides other terms with such supplements, updates, or services). You can review this agreement after your software is running by going to (aka.ms/useterms) or going to Settings - System - About within the software. You can also review the terms at any of the links in this agreement by typing the URLs into a browser address bar, and you agree to do so. You agree that you will read the terms before using the software or services, including any linked terms. You understand that by using the software and services, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing notices and binding terms are: · Microsoft Privacy Statement (aka.ms/privacy) · Microsoft Services Agreement (aka.ms/msa) · Adobe Flash Player License Terms (aka.ms/adobeflash) *********************************************************************** LIMITED WARRANTY Microsoft warrants that properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond Microsoft’s reasonable control. The limited warranty starts when the first user acquires the software, and lasts for one year. Any supplements, updates, or replacement software that you may receive from Microsoft during that year are also covered, but only for the remainder of that one-year period or for 30 days, whichever is longer. Transferring the software will not extend the limited warranty. Microsoft gives no other express warranties, guarantees, or conditions. Microsoft excludes all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer term will apply, but you can recover only the remedies this agreement allows. If Microsoft breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the Microsoft branded device on which the software was preinstalled) for a refund of the amount paid, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country. Except for any repair, replacement, or refund Microsoft may provide, you may not recover under this limited warranty, under any other part of this agreement, or under any theory, any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement or a refund does not fully compensate you for any losses, if Microsoft knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from Microsoft even though this agreement does not, you cannot recover more than you paid for the software (or up to $50 USD if you acquired the software for no charge). WARRANTY PROCEDURES For service or a refund, you must provide a copy of your proof of purchase and comply with Microsoft’s return policies, which might require you to uninstall the software and return it to Microsoft or return the software with the entire Microsoft branded device on which the software is installed; the certificate of authenticity label including the product key (if provided with your device) must remain affixed. 1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States or Canada, contact Microsoft via telephone at (800) MICROSOFT; via mail at Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or visit (aka.ms/nareturns). 2. Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, contact either Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland, or the Microsoft affiliate serving your country (aka.ms/msoffices). 3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at 13 20 58; or Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113 Australia. 4. Other countries. If you acquired the software in another country, contact the Microsoft affiliate serving your country (aka.ms/msoffices). Unity Terms of Service Last updated: August 30, 2017 Unity Technologies ApS (“Unity”, “our” or “we”) provides game-development and related software (the “Software”), development-related services (like Unity Analytics (“Developer Services”)), and various Unity communities (like Unity Answers and and the Made with Unity Platform (“Communities”)), provided through or in connection with our website, accessible at unity3d.com or unity.com (collectively, the “Site”). Except to the extent you and Unity have executed a separate agreement, these terms and conditions exclusively govern your access to and use of the Software, Developer Services, Communities and Site (collectively, the “Services”), and constitute a binding legal agreement between you and Unity (the “Terms”). These Terms, including all Additional Terms referenced in Section 1.3 below, are, collectively, the “Agreement.” If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You acknowledge and agree that, by accessing, purchasing or using the services, you are indicating that you have read, understand and agree to be bound by the agreement whether or not you have created a unity account, subscribed to the unity newsletter or otherwise registered with the site. If you do not agree to these terms and all applicable additional terms, then you have no right to access or use any of the services. 1. Your Use Of The Services 1.1 Eligibility Except as expressly provided otherwise on the Site, the Services are intended for persons 13 and older provided, however, you must be at least 18 to make purchases or submit content to Unity. If you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may purchase access to the Services only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement. 1.2 Privacy Your privacy is important to us. Unity’s Privacy Policy discloses the information we collect and how we use it. By using any of the the Services, you agree to the terms of the Privacy Policy, so please review the Privacy Policy carefully. You affirm that you have read and accept the Privacy Policy and its terms. If you are an elementary or secondary school purchasing educational Software for distribution to/use by your students, you understand and accept the Unity Educational Products for Schools Privacy Notice ("Privacy Notice"), and you represent and warrant that you can and do consent, and have obtained all relevant consents, to the limited collection of personal information from your students in connection with providing access to those products (including transfer of such information outside of the European Economic Area), as described in the Privacy Notice. 1.3 Additional Terms The Software, Developer Services and Site/Communities are subject to additional terms as shown below (“Additional Terms”). Site and Communities Site and Communities Additional Terms Unity Connect Additional Terms Software Unity Personal, Unity Plus and Unity Pro Additional Terms Unity Certification Materials Additional Terms Unity Experimental Build/Beta Additional Terms Developer Services Unity Analytics and IAP Additional Terms Unity Certification Program Additional Terms Unity Cloud Build Additional Terms Unity Collaborate Additional Terms Unity Multiplayer Additional Terms If there is any conflict between these Terms and the Additional Terms, the Additional Terms govern in relation to the relevant Software, Developer Service or Site/Communities. Unity Ads is operated by Unity Technologies Finland Oy and has its own terms and conditions for the publishers and advertisers utilizing its services. The Unity Asset Store has separate terms and conditions for use of the Asset Store and Asset Store Providers. 1.4 Modification Unity reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. Unity may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of these Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. 2. Your Unity Account In order to use most Services, you must register for a “Unity Account”. To create a Unity Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Unity reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Unity of any unauthorized use of your account. You may cancel your Unity Account at any time by sending an email to support@unity3d.com. Canceling your Unity Account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing Software or Developer Service subscriptions 3. Your Responsibilities You represent and warrant that: (a) you have the legal capacity to agree to the Agreement; (b) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified in the Agreement. 4. Intellectual Property Rights 4.1 Unity’s Ownership The Site, Software, Developer Services, Communities and Website Content (as that term is defined in the Site and Communities Additional Terms) are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, Unity and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 4.2 Your Content As between you and Unity, you own all right, title and interest (including, all intellectual property rights) in and to the content you create using the Software, Developer Services and/or any content you post to the Site or in the Communities (collectively, “Your Content”) (other than any components of the Software contained therein or used in connection therewith). 4.3 Data License You grant Unity a perpetual, irrevocable, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information collected by Unity or provided by you in connection with your use of the Services in order to provide, operate, develop, improve, and/or optimize any of our Services, and otherwise as permitted by our Privacy Policy. 4.4 Copyright Policy Unity respects copyright law and expects its users to do the same. Unity has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Unity’s Copyright Policy for further information. 4.5 Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Unity used herein are trademarks or registered trademarks of Unity. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 5. Payments 5.1 Fees Fees for certain Services are set forth on the Site or via the service panel in the Software (the “Service Panel”). Unity may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes to the Site or within the Services Panel. Unity will provide you with at least 30 days’ notice of any changes affecting existing Software and/or Developer Services you have already started using, and your continued use of such Software and/or Developer Service after the effective date of any such change means that you accept and agree to such changes, as applicable. You agree to pay all amounts due for the Services as set forth in the online cart, quote or invoice and in accordance with Unity's payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Unity may deactivate your access to the Services. All fees payable under the Agreement are net amounts and payable in full, without deduction for taxes or duties of any kind. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Unity’s net income. In the event that Unity is required to collect any tax for which you are responsible, you will pay such tax directly to Unity or its payment processor. If you pay any withholding taxes that are required to be paid under applicable law, you will promptly furnish Unity with written documentation of all such tax payments, including receipts. Unity reserves the right to collect any applicable sales, use or value added tax. All sales are final and there shall be no refunds except as required by law. Further, Unity will not allow changes to your purchase after you complete it. Unity may disable all copies of the Software and/or your access to any Services you have licensed or subscribed to in the event you fail to make all payments when due. You acknowledge and agree that, in the case of certain Services, any estimates of fees and charges provided to you by Unity (whether based on assumed data consumption or otherwise) are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue. 5.2 Billing If you purchase Services, you will be asked to provide customary billing information, such as name, company name, billing address, credit card information, and VAT or GST number, either to Unity or its third party payment processor. VAT and GST numbers cannot be added or changed after the purchase is completed. When you provide billing information to Unity or its third party payment processor, you: (i) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (ii) agree to pay Unity for all purchases (including all applicable taxes) made via the Site or Services Panel; and (iii) thereby authorize Unity or its third party payment processor to charge your credit card or otherwise process your payment for any purchase, subscription or other fees incurred by you. If you are directed to Unity’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services. 5.3 Subscription Terms Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a month-to-month basis at the then-current list price, unless you renew the subscription for a new subscription term or terminate and cancel it as described on the Site. 6. Compliance To ensure compliance with the Agreement, you agree that within ten (10) days from the date of Unity or its authorized representative’s request, you shall provide all pertinent records and information requested in order to verify that your installation and use of any and all Services is in compliance with the Agreement along with a signed verification that all such information is complete and correct. Furthermore, if you are a Legal Entity, Unity or its authorized representatives may upon reasonable prior notice access and inspect your facilities and computer systems to review and verify your compliance with the Agreement. Any such inspection shall be conducted during regular business hours at your facilities or electronically via remote access. In the event you have impermissibly used Unity Personal (or other products) or have not paid the applicable fees for all Services you have deployed or used, you agree to immediately pay for such Services, as well as the reasonable inspection costs, upon Unity’s demand. 7. Termination And Account Cancellation Unity will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Unity Account or terminate the Agreement and/or your right or ability to access or use any of the Services if: (a) you breach this Agreement; (b) your use of the Services poses a security risk to, or otherwise adversely impacts, the Services or any third party; (c) your use of the Services subjects Unity, our affiliates or any third party to liability; (d) your use of the Services may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. In the event of any suspension, disablement or termination, you acknowledge that: (i) Unity will have no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously submitted via any of the Services or that was related to your Unity Account, and Unity will have no obligation to maintain or forward you Your Content; and (iv) you will remain liable for all fees and charges for all Services ordered. If Unity suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to Unity (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination. 8. Disclaimer THE SERVICES ARE ALL PROVIDED BY UNITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. UNITY AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES, OR ANY PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. UNITY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT UNITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. 9. Indemnity To the maximum extent permitted by law, you agree to defend, indemnify, and hold Unity, its officers, directors, employees and agents, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of any of the Services; (ii) Your Content; or (iii) your violation of the Agreement. 10. Limitation Of Liability UNITY AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE MOST RECENT THREE (3) MONTHS FOR USE OF THE SERVICES; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL UNITY, ITS LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SITE, COMMUNITIES OR WEBSITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR COMMUNITIES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 11. Controlling Law and Jurisdiction 11.1 Choice Of Law The Agreement is governed by and construed in accordance with the laws of Denmark, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. 11.2 Arbitration Except as set forth below in Section 11.3, any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration. The parties agree to arbitrate all disputes by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and unity agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 11.3 Arbitration Exceptions Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages); or (c) collect fees due pursuant to the Agreement. If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in San Francisco County, California. If you reside (or your principal place of business is) outside of the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Copenhagen, Denmark. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 12. General The Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Unity have executed a separate agreement governing your use of the Services, in which case such separate agreement(s) will control in relation to the relevant Services. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of the Agreement are hereby rejected by Unity and will be deemed null. You may not assign or transfer the Agreement or any rights granted hereunder, by operation of law or otherwise, without Unity’s prior written consent. Any attempt by you to do so, without such consent, will be void. Unity may assign or transfer the Agreement, at its sole discretion, without restriction. Unity may assign your User account for collection, and the collection agency may pursue claims limited to the collection of past due and owing amount and any interest or cost of collection permitted by law or the Agreement in any court of competent jurisdiction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise. Unity will deliver all notices, approvals or other communications required or permitted under the Agreement, including those regarding modifications to the Agreement: (a) via e-mail (in each case to the address that you provide); or (ii) by posting to the Site, the Service Panel or your Unity Account. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. Contacting Unity You may contact legal@unity3d.com with questions. Microsoft Software License Terms Microsoft Visual Studio Community 2017 These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. 1. INSTALLATION AND USE RIGHTS. a. Individual License. If you are an individual working on your own applications to sell or for any other purpose, you may use the software to develop and test those applications. b. Organizational License. If you are an organization, your users may use the software as follows: * Any number of your users may use the software to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses. * Any number of your users may use the software to develop and test extensions to Visual Studio. * Any number of your users may use the software to develop and test device drivers for the Windows operating system. * Any number of your users may use the software to develop and test your applications as part of online or in person classroom training and education, or for performing academic research. * If none of the above apply, and you are also not an enterprise (defined below), then up to 5 of your individual users can use the software concurrently to develop and test your applications. * If you are an enterprise, your employees and contractors may not use the software to develop or test your applications, except for: (i) open source; (ii) Visual Studio extensions; (iii) device drivers for the Windows operating system; and, (iv) education purposes as permitted above. An “enterprise” is any organization and its affiliates who collectively have either (a) more than 250 PCs or users or (b) one million U.S. dollars (or the equivalent in other currencies) in annual revenues, and “affiliates” means those entities that control (via majority ownership), are controlled by, or are under common control with an organization. c. Workloads. These license terms apply to your use of the Workloads made available to you within the software, except to the extent a Workload, or a Workload component comes with different terms. d. Demo Use. The uses permitted above include use of the software in demonstrating your applications. e. Backup Copy. You may make one backup copy of the software, for reinstalling the software. 2. TERMS FOR SPECIFIC COMPONENTS. a. Utilities. The software contains items on the Utilities List at https://go.microsoft.com/fwlink/?LinkId=823095. You may copy and install these Utilities, if included with the software, onto your devices to debug and deploy your applications and databases you developed with the software. Please note that Utilities are designed for temporary use, that Microsoft may not be able to patch or update Utilities separately from the rest of the software, and that some Utilities by their nature may make it possible for others to access the devices on which the Utilities are installed. As a result, you should delete all Utilities you have installed after you finish debugging or deploying your applications and databases. Microsoft is not responsible for any third party use or access of Utilities you install on any devices. b. Build Tools. You may copy and install files from the software onto your build devices, including physical devices and virtual machines or containers on those machines, whether on-premises or remote machines that are owned by you, hosted on Azure by you, or dedicated solely to your use (collectively, “Build Devices”). You and others in your organization may us these files on your Build Devices solely to compile, build, and verify applications or run quality or performance tests of those applications as part of the build process. For clarity, “applications” means applications developed by you and others in your organization who are each licensed to use the software. c. Font Components. While the software is running, you may use its fonts to display and print content. You may only (i) embed fonts in content as permitted by the embedding restrictions in the fonts; and (ii) temporarily download them to a printer or other output device to print content. d. Licenses for Other Components. * Microsoft Platforms. The software may include components from Microsoft Windows; Microsoft Windows Server; Microsoft SQL Server; Microsoft Exchange; Microsoft Office; and Microsoft SharePoint. These components are governed by separate agreements and their own product support policies, as described in the Microsoft “Licenses” folder accompanying the software, except that, if license terms for those components are also included in the associated installation directory, those license terms control. * Developer Resources. The software includes compilers, languages, runtimes, environments, and other resources. These components may be governed by separate agreements and have their own product support policies. A list of these other components is located at https://support.microsoft.com. * Third party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file(s) accompanying the software. e. Package Managers. The software includes package managers, like NuGet, that give you the option to download other Microsoft and third party software packages to use with your application. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages. 3. DISTRIBUTABLE CODE. The software contains code that you may distribute in applications you develop as described in this Section. (In this Section, the term “distribution” also means deployment of your applications for third parties to access over the Internet.) a. Right to Use and Distribute. The code and other files listed below are “Distributable Code.” * REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located athttps://go.microsoft.com/fwlink/?LinkId=823098. * Sample Code, Templates and Styles. You may copy, modify and distribute the source and object code form of code marked as “sample”, “template”, “simple styles” or “sketch styles”. * Image Library. You may copy and distribute images, graphics and animations in the Image Library as described in the software documentation. * Third party Distribution. You may permit distributors of your applications to copy and distribute the Distributable Code as part of those applications. b. Distribution Requirements. For any Distributable Code you distribute, you must: * add significant primary functionality to it in your applications; and * require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement. c. Distribution Restrictions. You may not: * use Microsoft’s trademarks in your applications’ names or in a way that suggests your applications come from or are endorsed by Microsoft; or * modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An “Excluded License” is one that requires, as a condition of use, modification or distribution of code, that (i) it be disclosed or distributed in source code form; or (ii) others have the right to modify it. 4. DATA. a. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation. There are also some features in the software that may enable you and Microsoft to collect data from users of your applications. If you use these features, you must comply with applicable law, including providing appropriate notices to users of your applications together with a copy of Microsoft’s privacy statement. Our privacy statement is located at https://go.microsoft.com/fwlink/?LinkID=824704. You can learn more about data collection and use in the help documentation and our privacy statement. Your use of the software operates as your consent to these practices. b. Processing of Personal Data. To the extent Microsoft is a processor or subprocessor of personal data in connection with the software, Microsoft makes the commitments in the European Union General Data Protection Regulation Terms of the Online Services Terms to all customers effective May 25, 2018, at http://go.microsoft.com/?linkid=9840733. 5. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not: * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and only to the extent required by third party licensing terms governing the use of certain open-source components that may be included with the software; * remove, minimize, block or modify any notices of Microsoft or its suppliers in the software; * use the software in any way that is against the law; or * share, publish, rent or lease the software, provide the software as a stand-alone offering for others to use, or transfer the software or this agreement to any third party. 6. SUPPORT. Because the software is “as is,” we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 8. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users and end use. For further information on export restrictions, visit www.microsoft.com/exporting. 9. APPLICABLE LAW. If you acquired the software in the United States, Washington State law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply. 10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights. b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software. c. Germany and Austria. (i) Warranty. The software will perform substantially as described in any Microsoft materials that accompany it. However, Microsoft gives no contractual guarantee in relation to the software. (ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called “cardinal obligations”). In other cases of slight negligence, Microsoft will not be liable for slight negligence. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 12. LIMITATION ON DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages. EULA ID: VS2017_COMMUNITY_RTW.3_ENU Scribd General Terms of Use Also see Scribd's Privacy Policy. For Scribd Unlimited payment and billing information, cancellation information, and restrictions, see the Scribd Paid Access End User License Agreement. 5 February 2018 Welcome to the Scribd.com (owned and operated by Scribd, Inc. (hereinafter “Scribd”)) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, download, purchase, sale, sharing and distribution of written digital content over the internet (the “Scribd Platform”). The terms “Scribd” and the “Scribd Platform” apply to any site or mobile application owned and operated by Scribd, Inc., including Scribd.com and the Scribd mobile applications (each an “App”). The following Terms of Use for the Scribd Platform is a legal contract between You, either an individual user or a single entity (“You” or, collectively, “Users”), and Scribd regarding Your use of the Scribd Platform. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM OR USING THE SCRIBD PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SCRIBD PLATFORM IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW. ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SCRIBD WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. 1. Eligibility. The Scribd Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Scribd Platform by Scribd. If You are using or opening an account on the Scribd Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY USING THE SCRIBD PLATFORM, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as the Scribd Platform is not intended for children under 13. 2. Privacy; Additional Terms. Your privacy is important to Scribd. Scribd’s Privacy Policy is hereby incorporated into these Terms by reference. The Paid Access End User License Agreement (“Paid Access EULA”) and Giftcard/Gift Membership Terms and Conditions are also hereby incorporated into these Terms by reference. Please read these notices carefully for information relating to Scribd’s collection, use, and disclosure of Your personal information. 3. Individual Features and Services. When using the Scribd Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms. 4. Paid Access Scribd offers several ways for You to purchase access to select content via the Scribd Platform: You can pay for a membership (“Membership”) for access to certain content, or pay a one-time fee for access to a certain piece of content (“Direct Purchase”). Your access to the applicable content and related purchase transaction are subject to the Scribd Paid Access EULA. Please see the Paid Access EULA for further information on Memberships and Direct Purchases. 5. Modification of these Terms and the Scribd Platform. Scribd reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms or any additional terms, including the Giftcard/Gift Membership Terms and Conditions and Paid Access EULA, at any time. If we do so, we’ll let you know either by posting the modified Terms on the Scribd Platform or through other communications. Please check these Terms and any Guidelines periodically for changes. It’s important that you review the Terms whenever we modify them because Your continued use of the Scribd Platform after the posting of changes constitutes Your binding acceptance of such changes. If you don’t agree to be bound by the modified Terms, then you may not use the Scribd Platform anymore. Because the Scribd Platform is evolving over time we may change or discontinue all or any part of the Scribd Platform, at any time and without notice, at our sole discretion. 6. Digital Millennium Copyright Act. Please note that since we respect authors’ and content holders’ rights, it is Scribd’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please visit Scribd's Copyright Resource Center. Please note that Scribd will promptly terminate without notice any User’s access to the Scribd Platform if that User is determined by Scribd to be a “repeat infringer”. A repeat infringer is a User who has been notified by Scribd of infringing activity violations more than twice as a result of DMCA takedown notices or other similar copyright notices. 7. Scribd Platform License Grant. 7.1 License Grant to Scribd Mobile App Subject to Your compliance with the terms and conditions set out in these Terms, Scribd grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Scribd reserves all rights in and to the App not expressly granted to You under these Terms. 7.2 License Grant to Download. Subject to Your compliance with the terms and conditions set out in these Terms, Scribd hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Scribd may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this section 7.2 does not include the Scribd Commercial Content (as defined in the Paid Access EULA). The Paid Access EULA governs Your access to and use of Scribd Commercial Content. Please see the Paid Access EULA for the applicable terms. 7.3 Reservation of Rights. Scribd reserves all rights not expressly granted in these Terms. 7.4 Prevention of Unauthorized Use. Scribd reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Scribd Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. 8. Content Disclaimer. You understand that when using the Scribd Platform You will be exposed to content from a variety of sources, and that Scribd is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Scribd with respect thereto. Scribd does not endorse any content or any opinion, recommendation, or advice expressed therein, and Scribd expressly disclaims any and all liability in connection with such content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, Scribd may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, Scribd does not permit copyright infringing activities on the Scribd Platform. 9. Prohibited Conduct. BY USING THE SCRIBD PLATFORM YOU AGREE NOT TO: 9.1 use the Scribd Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Scribd Platform as such services are offered by Scribd; 9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below); 9.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content; 9.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; 9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Scribd Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Scribd Platform, or perform any other similar fraudulent activity; 9.6 delete the copyright or other proprietary rights notices on the Scribd Platform or associated with any content available via the Scribd Platform; 9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Scribd Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; 9.8 use the Scribd Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; 9.9 defame, harass, abuse, threaten or defraud Users of the Scribd Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent; 9.10 use the Scribd Platform if You are under the age of thirteen (13) years old; 9.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Scribd Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Scribd Platform, or features that enforce limitations on the use of the Scribd Platform or any content available via the Scribd Platform; 9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Scribd Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 9.13 modify, adapt, translate or create derivative works based upon the Scribd Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 9.14 intentionally interfere with or damage operation of the Scribd Platform or any user’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; 9.15 relay email from a third party’s mail servers without the permission of that third party; 9.16 use any robot, spider, scraper, or other automated means to access the Scribd Platform for any purpose or bypass any measures Scribd may use to prevent or restrict access to the Scribd Platform; 9.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Scribd Platform; 9.18 interfere with or disrupt the Scribd Platform or servers or networks connected to the Scribd Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Scribd Platform; or 9.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Scribd’s sole opinion detracts from the Scribd experience. 10. Account When You use the Scribd Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Scribd, You may be asked to create an account and provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Scribd on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Scribd by emailing support@scribd.com. You may be liable for the losses incurred by Scribd or others due to any unauthorized use of Your Scribd Platform account. 11. Third-Party Sites, Products and Services; Links. The Scribd Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Scribd, Scribd does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Scribd Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk. 12. Termination; Terms of Use Violations. 12.1 Scribd. You agree that Scribd, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Scribd or Your use of the Scribd Platform and remove and discard all or any part of Your account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your account is if You do not log into Your account for an extensive period of time; however, we will not terminate Your account for inactivity if You have a Direct Purchase associated with Your account or continue to pay the fees associated with a Membership. Scribd may also in its sole discretion and at any time discontinue providing access to the Scribd Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Scribd Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Scribd will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Scribd may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Membership or a Direct Purchase, please see the Paid Access EULA for additional terms applicable to the cancellation of Your account. 12.2 You. Your only remedy with respect to any dissatisfaction with (i) the Scribd Platform, (ii) any term of these Terms, (iii) any policy or practice of Scribd in operating the Scribd Platform, or (iv) any content or information transmitted through the Scribd Platform, is to cancel Your account and stop using Scribd. You may cancel Your Account at any time through the Scribd Platform by logging into the Site or the App and going to Your account settings, or by sending an email to us at support@scribd.com requesting a cancellation of your account. You may terminate these Terms at any time by canceling Your account and discontinuing use of Scribd. 12.3 Effect of Cancellation or Termination. Upon any cancellation or termination, the rights and licenses granted to You under these Terms and any additional terms and conditions, including the Giftcard/Gift Membership Terms and Conditions and the Paid Access EULA, will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.” 13. Ownership; Proprietary Rights. The Scribd Platform is owned and operated by Scribd. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the Scribd Platform provided by Scribd (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Scribd acknowledges that You retain ownership of any User Comments You may post via Scribd, subject however to Your grant to Scribd of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the Scribd Platform. All Materials contained on the Scribd Platform are the property of Scribd or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Scribd or its affiliates and/or third-party licensors. Except as expressly authorized by Scribd, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Scribd Platform. Scribd reserves all rights not expressly granted in these Terms. 14. Indemnification. You agree to indemnify, save, and hold Scribd, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Scribd Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Scribd reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Scribd, and You agree to cooperate with Scribd’s defense of these claims. Scribd will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. 15. Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCRIBD, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCRIBD OR THROUGH THE SCRIBD PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM SCRIBD INCLUDES SCRIBD’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. 16. Limitation of Liability and Damages. 16.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SCRIBD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE SCRIBD PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH SCRIBD, EVEN IF SCRIBD OR A SCRIBD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16.2 Limitation of Damages. IN NO EVENT WILL THE TOTAL LIABILITY OF SCRIBD OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SCRIBD PLATFORM OR YOUR INTERACTION WITH OTHER SCRIBD PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SCRIBD PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. 16.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SCRIBD AND RECEIVED THROUGH OR ADVERTISED ON THE SCRIBD PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES. 16.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT SCRIBD HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SCRIBD, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SCRIBD. SCRIBD WOULD NOT BE ABLE TO PROVIDE THE SCRIBD PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 16.5 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 17. Dispute Resolution. 17.1 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. 17.2 Agreement to Arbitrate. You and Scribd agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Scribd Platform or content available on the Scribd Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide Scribd with written notice of Your desire to do so by email or regular mail at Scribd, Inc., 333 Bush St. Suite 2400, San Francisco, 94104 within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You don’t provide Scribd with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide Scribd with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. 17.3 Class and Representative Action Waiver. Unless You timely provide Scribd with an Arbitration Opt-out Notice, You acknowledge and agree that You and Scribd are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Scribd otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. 17.4 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. 17.5 Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. 17.6 Arbitration Location and Procedure. Unless You and Scribd otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and Scribd submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 17.8 Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Scribd will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. 17.9 Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, Scribd will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). 17.8 Changes. Notwithstanding the provisions of the “Modification of these Terms” section above, if Scribd changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email to support@scribd.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Scribd’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Scribd in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms). 18. Miscellaneous. 18.1 Notice. Scribd may provide You with notices, including those regarding changes to Scribd’s terms and conditions, by email, regular mail, or postings on the Scribd Platform. Notice will be deemed given twenty-four hours after email is sent, unless Scribd is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Scribd Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Scribd Platform is deemed given ten days following the initial posting. 18.2 Waiver. The failure of Scribd to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Scribd. 18.3 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. 18.4 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Scribd without restriction. Any assignment attempted to be made in violation of these Terms shall be void. 18.5 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-18. 18.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. 18.7 Entire Agreement. These Terms (including all Guidelines and terms incorporated herein) and the Paid Access EULA as applicable, are the entire agreement between You and Scribd relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Scribd as set forth in section 5 above. 18.8 Claims. YOU AND SCRIBD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SCRIBD PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 18.9 Disclosures. The services are offered by Scribd Inc., located at: Scribd.com, 333 Bush Street, Suite 2400, San Francisco, CA 94104, and email: support@scribd.com. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information. 19. Gift Memberships. Please refer to the Scribd Gift Membership Terms and Conditions. Scribd Privacy policy April 18, 2013 Scribd values the privacy of the users, subscribers, publishers, members, and others who visit and use the Scribd Platform (collectively or individually, “You” or “Users”). By using the Scribd Platform, you expressly consent to the information handling practices described in this notice. This Privacy Notice is incorporated into and is subject to the Scribd Platform Terms of Use. Your use of the Scribd Platform and any personal information you provide through the Scribd Platform are subject at all time to this Privacy Notice and the Terms of Use. Terms for “Scribd” and the “Scribd Platform” apply to any site or mobile application owned and operated by Scribd, Inc, including Scribd.com and the Scribd mobile application. The Information Scribd Collects The Way Scribd Uses Information When Scribd Discloses Information Your Choices Third-Party Advertisers Data Security Children’s Privacy International Visitors In the Event of Merger or Sale Changes and Updates to this Privacy Notice Scribd Contact Information 1. The Information Scribd Collects User-provided Information: You may provide to Scribd what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number) if you log in to the Scribd Platform, or otherwise use the features and functionality of the Scribd Platform. You may also provide other information to Scribd, including your age, location, and gender, through use of its functionality and features, such as by creating a user profile. “Cookies” Information: When you access the Scribd Platform, we or one of our advertising partners, may send one or more cookies – small text files that contain a string of alphanumeric characters – to your computer. Scribd may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Scribd Platform. One type of persistent cookie that may be installed on your computer when you use Scribd is called a “Flash cookie” or an “LSO.” Persistent cookies can be removed. Please review your web browser's “Help” file to learn the proper way to modify your cookie settings. For more information on how to manage Flash cookies, you can go here. For more information about cookies and how they are used, you can go here. “Automatically Collected” Information: When you access the Scribd Platform or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique device or user ID, version of software installed, system type, the referring search query used to locate content and pages on the Scribd Platform, the content and pages that you access on the Scribd Platform, the dates and times that you visit the Scribd Platform, and information from your Facebook account that you make publicly available, which is provided to us by Facebook via the Facebook APIs. 2. The Way Scribd Uses Information Scribd uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Scribd Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act. Scribd may also use the information that you provide or that we collect to serve you with advertisements. We will use your email address, without further consent, for administrative communications such as notifying you of major updates, for customer service purposes, to address copyright infringement or policy issues, or to contact you regarding any content that you have posted to, read on, or downloaded from Scribd. You also consent to receive other communications from Scribd, such as newsletters about new releases, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer wish to receive certain non-transactional communications, you may opt-out via the “Account Settings > Preferences” panel after you have logged into the Scribd website. Scribd uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Scribd Platform works and looks, and to create new features and functionality. Scribd may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the Scribd application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Scribd Platform; (c) monitor aggregate site usage metrics such as total number of visitors and pages accessed; (d) provide such metrics to Users as they pertain to such User’s uploaded content; and (e) track your entries, submissions, and status in any promotions or other activities. 3. When Scribd Discloses Information Scribd does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent, except that if you have provided us with an email address, Scribd may provide a hashed version of it to its advertising partners, RapLeaf, Bizo, and LiveRamp, to enable better targeted advertising where RapLeaf, Bizo, and LiveRamp already possesses your email address. If RapLeaf, Bizo, or LiveRamp do not already have your email address in their records, they cannot use the hashed version that we provide. For more information on RapLeaf’s privacy practices, and to opt out, please visit https://www.rapleaf.com/privacy. For more information on Bizo's privacy practices, and to opt out, please visit http://www.bizo.com/businessProfessionals/index. For more information on LiveRamp's privacy practices, and to opt out, please visit http://liveramp.com/privacy/. Scribd may disclose aggregated or other types of non-personally identifiable information to third parties for various purposes, including marketing or promotional uses. For example, Scribd may disclose non-personally identifiable information to interested third parties to assist them in understanding the usage, viewing, and demographic patterns on the the Scribd Platform. Please be aware that any personally identifiable information that you voluntarily choose to display on the Scribd Platform – such as when you publish attribution credits for documents or profile information – becomes publicly available and may be collected and used by others without restriction. We may disclose User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Scribd in improving the Scribd Platform and creating new services features. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures. Scribd may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity. Scribd also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary: to take precautions against liability; to protect Scribd from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Scribd Platform; or to protect the rights, property, or personal safety of Scribd, our Users, or others. Scribd shows aggregate geographical information about visitors on Scribd document pages in our analytics section. This information includes the cities and countries of people viewing documents, the document which was viewed, and the time the document was viewed. This information is publicly available to all Scribd users. 4. Your Choices You may, of course, decline to share your personally-identifiable information with Scribd, in which case Scribd will not be able to provide to you some of the features and functionality found on the Scribd Platform. You may update, correct, or delete your user information and preferences at any time here. You may also choose to opt-out of receiving interest-based advertising from many of our advertising partners and others by visiting http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES. 5. Third-Party Advertisers Scribd adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, available at http://www.aboutads.info. Our advertising partners, such as RapLeaf, Bizo and BlueKai, may use technology to provide the advertisements that appear on the Scribd Platform and to use data collected through the Scribd Platform, as described above and in this section, to better target ads shown on Scribd and other websites. For a list of many of the advertisers that may work with Scribd please visit http://www.aboutads.info/participating. Our advertising partners may also use cookies or pixel tags to enable the serving of customized advertisements and content to you both on Scribd and on other websites and services based on your visits to, and use of Scribd, as well as based on your visits to third-party sites and services on the Internet. These cookies or pixel tags may contain non-personally identifiable demographic or other data. You may opt-out of receiving interest-based advertising from many of our advertising partners by visiting http://www.aboutads.info/choices/ or http://www.networkadvertising.org/managing/opt_out.asp 6. OUR COMMITMENT TO DATA SECURITY SCRIBD USES COMMERCIALLY REASONABLE PHYSICAL, MANAGERIAL, AND TECHNICAL SAFEGUARDS TO PRESERVE THE INTEGRITY AND SECURITY OF YOUR PERSONAL INFORMATION. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO SCRIBD, AND YOU DO SO AT YOUR OWN RISK. ONCE WE RECEIVE YOUR TRANSMISSION OF INFORMATION, SCRIBD MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS.HOWEVER, PLEASE NOTE THAT THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. IF SCRIBD LEARNS OF A SECURITY SYSTEMS BREACH, THEN WE MAY ATTEMPT TO NOTIFY YOU ELECTRONICALLY SO THAT YOU CAN TAKE APPROPRIATE PROTECTIVE STEPS. SCRIBD MAY POST A NOTICE ON THE SCRIBD PLATFORM IF A SECURITY BREACH OCCURS. DEPENDING ON WHERE YOU LIVE, YOU MAY HAVE A LEGAL RIGHT TO RECEIVE NOTICE OF A SECURITY BREACH IN WRITING. TO RECEIVE A FREE WRITTEN NOTICE OF A SECURITY BREACH YOU SHOULD NOTIFY US AT PRIVACY@SCRIBD.COM. 7. OUR COMMITMENT TO CHILDREN'S PRIVACY IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SCRIBD PLATFORM AT ANY TIME OR IN ANY MANNER. PROTECTING THE PRIVACY OF YOUNG CHILDREN IS ESPECIALLY IMPORTANT. FOR THAT REASON, SCRIBD DOES NOT KNOWINGLY COLLECT OR MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION FROM PERSONS UNDER 13 YEARS-OF-AGE. IF SCRIBD LEARNS THAT PERSONALLY-IDENTIFIABLE INFORMATION OF PERSONS LESS THAN 13-YEARS-OF-AGE HAS BEEN COLLECTED ON OR THROUGH THE SCRIBD PLATFORM, THEN SCRIBD WILL TAKE THE APPROPRIATE STEPS TO DELETE THIS INFORMATION. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 13 WHO HAS BECOME SCRIBD PLATFORM MEMBER, THEN PLEASE CONTACT SCRIBD AT PRIVACY@SCRIBD.COM TO HAVE THAT CHILD’S ACCOUNT TERMINATED AND INFORMATION DELETED. THE FOLLOWING ARE SOME RESOURCES THAT MAY HELP PARENTS AND LEGAL GUARDIANS IN MONITORING AND LIMITING YOUR CHILDRENS' ACCESS TO CERTAIN TYPES OF MATERIAL ON THE INTERNET. WHILE SCRIBD DOES NOT ENDORSE THESE PRODUCTS, WE PROVIDE INFORMATION ABOUT THEM AS A PUBLIC SERVICE TO OUR COMMUNITY. “OnGuard Online,” maintained by the Federal Trade Commission. WiredSafety Netsmartz.org The Child Safety Network Control Kids Cyber Sitter Net Nanny 8. INTERNATIONAL VISITORS FOR USERS VISITING THE SCRIBD PLATFORM FROM THE EUROPEAN ECONOMIC AREA OR OTHER NON-U.S. TERRITORIES, PLEASE NOTE THAT ANY DATA YOU ENTER INTO THE SCRIBD PLATFORM WILL BE TRANSFERRED OUTSIDE THE EUROPEAN ECONOMIC AREA OR SUCH OTHER NON-U.S. TERRITORY FOR USE BY SCRIBD AND ITS AFFILIATES FOR ANY OF THE PURPOSES DESCRIBED HEREIN.IN ADDITION, BECAUSE SCRIBD OPERATES GLOBALLY, WE MAY MAKE INFORMATION WE GATHER AVAILABLE TO WORLDWIDE BUSINESS UNITS AND AFFILIATES. BY PROVIDING ANY DATA ON THE SCRIBD PLATFORM, YOU HEREBY EXPRESSLY CONSENT TO SUCH TRANSFERS OF YOUR DATA TO THE UNITED STATES OR OTHER COUNTRIES. 9. IN THE EVENT OF MERGER OR SALE IN THE EVENT THAT SCRIBD IS ACQUIRED BY OR MERGED WITH A THIRD-PARTY ENTITY, WE RESERVE THE RIGHT, IN ANY OF THESE CIRCUMSTANCES, TO TRANSFER OR ASSIGN THE INFORMATION THAT WE HAVE COLLECTED FROM USERS AS PART OF THAT MERGER, ACQUISITION, SALE, OR OTHER CHANGE OF CONTROL. 10. CHANGES AND UPDATES TO THIS PRIVACY NOTICE THIS PRIVACY NOTICE MAY BE REVISED PERIODICALLY WITHOUT FURTHER NOTICE TO YOU AND THIS WILL BE REFLECTED BY A “LAST MODIFIED” DATE BELOW. PLEASE REVISIT THIS PAGE TO STAY AWARE OF ANY CHANGES. IN GENERAL, WE ONLY USE YOUR PERSONAL INFORMATION IN THE MANNER DESCRIBED IN THE PRIVACY NOTICE IN EFFECT WHEN WE RECEIVED THAT PERSONAL INFORMATION.YOUR CONTINUED USE OF THE SCRIBD PLATFORM CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY NOTICE AND ANY FUTURE REVISIONS. FOR REVISIONS TO THIS PRIVACY NOTICE THAT MAY BE MATERIALLY LESS RESTRICTIVE ON OUR USE OR DISCLOSURE OF PERSONAL INFORMATION YOU HAVE PROVIDED TO US, WE WILL MAKE REASONABLE EFFORTS TO NOTIFY YOU AND OBTAIN YOUR CONSENT BEFORE IMPLEMENTING REVISIONS WITH RESPECT TO SUCH INFORMATION. 11. SCRIBD CONTACT INFORMATION PLEASE CONTACT SCRIBD WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY NOTICE, YOUR PERSONAL INFORMATION, AND OUR THIRD-PARTY DISCLOSURE PRACTICES OR YOUR CONSENT CHOICES AT: SCRIBD.COM, 333 BUSH STREET, SUITE 2400, SAN FRANCISCO, CA 94104, OR BY EMAIL: PRIVACY@SCRIBD.COM. WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT. Blender GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Copyright (C) This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. , 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. License For Customer Use of NVIDIA GeForce Software IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA GeForce Software ("LICENSE") is the agreement which governs use of the GeForce software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, including computer software and associated materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE. RECITALS Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this LICENSE. The hardware is protected by various patents, and is sold, but this LICENSE does not cover that sale. This LICENSE sets forth the terms and conditions of the SOFTWARE use only. 1. DEFINITIONS 1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE. 2. GRANT OF LICENSE 2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer a non-exclusive, non-transferable license to install and use the SOFTWARE for use with NVIDIA GeForce or Titan branded hardware products owned by Customer, subject to the following: 2.1.1 Rights. Customer may install and use multiple copies of the SOFTWARE on a shared computer or concurrently on different computers, and make multiple back-up copies of the SOFTWARE, solely for Customer's use within Customer's Enterprise. "Enterprise" shall mean individual use by Customer or any legal entity (such as a corporation or university) and the subsidiaries it owns by more than fifty percent (50%). 2.1.2 Linux/FreeBSD Exception. Notwithstanding the foregoing terms of Section 2.1.1, SOFTWARE designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed, provided that the binary files thereof are not modified in any way (except for unzipping of compressed files). 2.1.3 Limitations. No Modification or Reverse Engineering. Customer may not modify (except as provided in Section 2.1.2), reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. No Sublicensing or Distribution. Customer may not sell, rent, sublicense, distribute or transfer the SOFTWARE; or use the SOFTWARE for public performance or broadcast; or provide commercial hosting services with the SOFTWARE. No Datacenter Deployment. The SOFTWARE is not licensed for datacenter deployment, except that blockchain processing in a datacenter is permitted. 3. TERMINATION This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Defensive Suspension. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings. 4. OWNERSHIP All title and intellectual property rights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying materials, and any copies of the SOFTWARE, are owned by NVIDIA or its suppliers. 5. APPLICABLE LAW AND BINDING ARBITRATION Governing Law. This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. Arbitration. For any claim against or dispute or controversy with NVIDIA relating to this LICENSE or that may arise from it or out of use of the SOFTWARE (collectively, "Disputes"), Customer agrees to first contact NVIDIA by U.S. Mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051 and attempt to resolve the Dispute with NVIDIA informally. In the unlikely event that NVIDIA has not been able to resolve such Dispute it has with Customer within 60 days of Customer's original informal claim (or sooner if, in NVIDIA's opinion, a Dispute is not likely to be resolved within 60 days), Customer and NVIDIA each agree to resolve any such Dispute (excluding any NVIDIA claims for injunctive or other equitable relief) by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") located in Santa Clara County, California under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Santa Clara County, California (or the nearest JAMS Office to Santa Clara County), unless Customer requests an in-person hearing in Customer's hometown or Customer and NVIDIA agree otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights. If for any reason this agreement to arbitrate is found not to apply to a Dispute and as a result a Dispute proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California. Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY NVIDIA. CUSTOMER AGREES THAT, BY ENTERING INTO THIS LICENSE, CUSTOMER AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Right to Opt Out. CUSTOMER MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS LICENSE BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF COMMENCEMENT OF USE OF THE SOFTWARE UNDER THIS LICENSE. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATTN: LEGAL, 2788 SAN TOMAS EXPRESSWAY, SANTA CLARA, CALIFORNIA, 95051 AND MUST INCLUDE (1) Customer's NAME, (2) Customer's ADDRESS, (3) THE REFERENCE TO GEFORCE SOFTWARE AS THE SOFTWARE THE NOTICE RELATES TO, AND (4) A CLEAR STATEMENT INDICATING THAT CUSTOMER DOES NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT. 6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO OR ARISING FROM THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing, Customer is solely responsible for determining and verifying that the SOFTWARE that Customer obtains and installs is the appropriate version for Customer's model of graphics controller board, operating system, and computer hardware. 6.2 Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NVIDIA's TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS LICENSE EXCEED THE NET AMOUNT PAID TO NVIDIA FOR Customer's USE OF THE PARTICULAR SOFTWARE UPON WHICH LIABILITY IS BASED, OR US$10.00 IF NVIDIA RECEIVED NO FEES FOR Customer's USE OF THE SOFTWARE. 7. SYSTEM UPDATES Customer hereby agrees and acknowledges that the SOFTWARE may access and collect information about, update, and configure Customer's system in order to properly optimize such system for use with the SOFTWARE. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and represent and warrant that Customer has the right to grant such consent. In addition, Customer agrees that Customer is solely responsible for maintaining appropriate data backups and system restore points for Customer's system, and that NVIDIA will have no responsibility for any damage or loss to such system (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the system (or any part of such system) initiated through the SOFTWARE; or (b) installation of any SOFTWARE or third party software patches through the NVIDIA update service. The SOFTWARE may contain links to websites and services. NVIDIA encourages Customer to review the privacy statements on those sites and services that Customer chooses to visit so that Customer can understand how they may collect, use and share Customer's personal information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations. Registration and Customer Information. Customer represents and warrants that the information that Customer has furnished in connection with its registration for the SOFTWARE is complete and accurate. To the extent that Customer provides to NVIDIA during registration or otherwise personal data, Customer also acknowledges that such information will be collected, used, and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html. If Customer does not wish the SOFTWARE to provide system updates as described in this Section 7, uncheck "Automatically check for updates" in the "Preferences" tab of the applicable NVIDIA update control panel for the SOFTWARE. 8. MISCELLANEOUS If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any applicable export laws, restrictions or regulations. License For Customer Use of NVIDIA Software IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of NVIDIA Software ("LICENSE") is the agreement which governs use of the software of NVIDIA Corporation and its subsidiaries ("NVIDIA") downloadable herefrom, including GeForce Experience, installers, computer software (including drivers downloaded in connection with GeForce Experience) and associated printed materials ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE. RECITALS Use of NVIDIA's products requires three elements: the SOFTWARE, the hardware on a graphics controller board, and a personal computer (collectively, such hardware and personal computer is defined herein as "CUSTOMER SYSTEM"). The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is only licensed for use, strictly in accordance with this document. The hardware is protected by various patents, and is sold, but this LICENSE does not cover that sale, since it may not necessarily be sold as a package with the SOFTWARE. This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only. 1. DEFINITIONS 1.1 Customer. Customer means the entity or individual that downloads and/or installs the SOFTWARE. 2. GRANT OF LICENSE 2.1 Rights and Limitations of Grant. Provided Customer complies with the terms in this LICENSE, NVIDIA hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE in the manner and for the purposes described in the associated printed materials, with the following limitations: 2.1.1 Rights. Customer may install and use one copy of the SOFTWARE on CUSTOMER SYSTEM, and except for making one back-up copy of the SOFTWARE, may not otherwise copy the SOFTWARE. This LICENSE of SOFTWARE may not be shared or used concurrently on different computers. 2.1.2 Limitations. No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code. You may not remove any copyright notices from the SOFTWARE. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts. No Rental. Customer may not rent or lease the SOFTWARE to someone else. 2.2 Additional Information. 7-Zip. The SOFTWARE includes the 7-Zip software program ("7-Zip"). Use of the source code for 7-Zip is subject to the terms and conditions at www.7-zip.org. 3. CONSENT TO COLLECTION AND USE OF INFORMATION Customer hereby acknowledges that the SOFTWARE accesses and collects non-personally identifiable information about Customer and CUSTOMER SYSTEM as well as configures CUSTOMER SYSTEM in order to (a) properly optimize such system for use with the SOFTWARE, (b) deliver content through the SOFTWARE, and (c) improve NVIDIA products and services. Information collected by the SOFTWARE includes, but is not limited to, CUSTOMER SYSTEM'S (a) hardware configuration and ID, (b) operating system and driver configuration, (c) installed games and applications, (d) games and applications settings, performance, and usage data, and (e) usage metrics of the SOFTWARE, and that the SOFTWARE uses Google Analytics. To the extent that Customer uses the SOFTWARE, Customer hereby consents to all of the foregoing, and represents and warrants that Customer has the right to grant such consent. In addition, Customer agrees that Customer is solely responsible for maintaining appropriate data backups and system restore points for CUSTOMER SYSTEM, and that NVIDIA will have no responsibility for any damage or loss to CUSTOMER SYSTEM (including loss of data or access) arising from or relating to (a) any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of CUSTOMER SYSTEM (or any part of CUSTOMER SYSTEM) initiated through the SOFTWARE; or (b) installation of any SOFTWARE or third party software patches initiated through the SOFTWARE. The SOFTWARE may contain links to websites and services. We encourage you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share your personal information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations. Customer and CUSTOMER SYSTEM information collection rules can be configured on the "Preferences" tab of GeForce Experience. For more information on NVIDIA's collection and use of information policies for this SOFTWARE, visit . Customer represents and warrants that the non-personally identifiable information that Customer has furnished in connection with its registration for the SOFTWARE is complete and accurate. Customer also acknowledges that from time to time, NVIDIA may collect, use, and disclose such information about Customer and/or Customer's system in connection with the SOFTWARE in accordance with NVIDIA's privacy policy, available at URL A description of how Google Analytics collects and processes data is available at www.google.com/policies/privacy/partners or any other URL as may be provided from time to time. 4. TERMINATION This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Defensive Suspension. If Customer commences or participates in any legal proceeding against NVIDIA, then NVIDIA may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings. 5. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by NVIDIA, or its licensors or suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes. The algorithms, structure, organization and source code of the Software are the valuable trade secrets and confidential information of NVIDIA. Except as otherwise expressly provided herein, neither this LICENSE nor NVIDIA grants Customer any express or implied right under any NVIDIA patents, copyrights, trademarks, or other intellectual property rights in the SOFTWARE, and all rights, title and interest in and to the SOFTWARE not expressly granted are reserved by NVIDIA or its licensors or suppliers. 6. APPLICABLE LAW This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. The state and/or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Customer may not export the SOFTWARE in violation of applicable export laws and regulations. 7. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 7.1 No Warranties. THE SOFTWARE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, you are solely responsible for determining and verifying that the SOFTWARE that you obtain and install is the appropriate version for your model of graphics controller board, operating system, and computer hardware. 7.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING, NVIDIA'S AGGREGATE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SHALL NOT EXCEED ONE THOUSAND UNITED STATES DOLLARS (USD$1000). 8. MISCELLANEOUS If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of NVIDIA. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Industry and Security or any export laws, restrictions or regulations. ------------------------------------------------------------- Customer's Use of Microsoft Redistributable Packages is subject to the following terms and conditions: ---------------------------------- MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX END USER RUNTIME ---------------------------------- These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft * updates, * supplements, * Internet-based services, and * support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services. 3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 8. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ------------------------------------------------ MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK) ------------------------------------------------ These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. You may install and use any number of copies of the software on your devices. b. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to www.microsoft.com/permission to learn whether that use is allowed. b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of code listed in DIRECTX REDIST.TXT files. • Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample”, as well as those marked as follows: \Utilities\bin\x86\dxerr \Utilities\bin\x64\dxerr \Utilities\bin\x86\dxtex \Utilities\bin\x64\dxtex \Utilities\bin\x86\DxViewer \Utilities\bin\x64\DxViewer \Utilities\bin\x86\GDFTrace \Utilities\bin\x64\GDFTrace \Utilities\bin\x86\MeshConvert \Utilities\bin\x64\MeshConvert \Utilities\Source\Sas \Utilities\Source\Effects11 • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows, Xbox and Windows Mobile platforms; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 9. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ---------------------------------- MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS KITS ---------------------------------- Below are separate sets of License Terms. Only one set applies to you. To determine which License Terms apply to you scroll to the kit name you are attempting to download. The License Terms are listed in the following order Microsoft Windows Assessment and Deployment Kit for Windows 8.1 Microsoft Windows Driver Kit for Windows 8.1 Microsoft Windows Hardware Certification Kit for Windows 8.1 Microsoft Windows Software Development Kit for Windows 8.1 The License Terms for each individual kit apply to your use of that specific kit. ******************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS ASSESSMENT AND DEPLOYMENT KIT FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices solely for the purpose of deploying, maintaining, assessing system quality and evaluating your systems and devices on Windows Server 2008, Windows Server 2008 R2, Windows Server 2012, Windows Server 2012 R2, Windows Vista, Windows 7, Windows 8, or Windows 8.1 operating system software. 2. ADDITIONAL LICENSE RIGHTS. In addition to the rights granted in Section 1, certain portions of the software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the license restrictions described in this Section 2. a. Windows Pre-Installation Environment. You may install and use the Windows Pre-Installation Environment for purposes of installing and recovering Windows operating system software. For the avoidance of doubt, you may not use the Windows Pre-Installation Environment for any other purpose not expressly permitted in this agreement, including without limitation as a general operating system, as a thin client or as a remote desktop client. b. RegHiveRecovery.sys, ImageX.exe, Wimgapi.dll, Wimmount.sys, Wimserv.exe, DISM.exe, DISMAPI.dll, Microsoft.Dism.Powershell.dll and Package Manager. You may install and use the RegHiveRecovery.sys, ImageX.exe, Wimgapi.dll, Wimmount.sys, Wimserv.exe, DISM.exe, DISMAPI.dll, Microsoft.Dism.Powershell.dll and Package Manager portions of the software for recovering Windows operating system software. For the avoidance of doubt, you may not use these portions of the software for any other purpose not expressly permitted in this agreement, including without limitation for purposes of backing up your Windows operating system. c. Included Microsoft Programs. The software includes SQL Server 2012 Express, which is licensed under the terms and conditions of the SQL Server 2012 Express license located at http://go.microsoft.com/fwlink/?LinkID=237665. You may only use this program in conjunction with the software licensed here. If you do not accept the SQL Server 2012 Express license terms, you may not use this program. 3. ACTIVATION. The software activates the use of Windows Vista, Windows Server 2008, Windows 7, Windows Server 2008 R2, Windows Thin PC, Windows PosReady 7, Windows 8, Windows Server 2012, Windows 8.1, Windows Server 2012 R2, subsequent versions of Windows and subsequent versions of Windows Server, select products that use add-on product keys, or Microsoft Office 2010 and subsequent versions of Microsoft Office with a specific physical hardware system (“Device”). During activation, the software will send information about the Device(s) to Microsoft. This information includes the version, language and product key of the software, the Internet protocol address of the system running the software, and information derived from the hardware configuration of the Device(s) running Windows Vista, Windows Server 2008, Windows 7, Windows Server 2008 R2, Windows Thin PC, Windows PosReady 7, Windows 8, Windows Server 2012, Windows 8.1, Windows Server 2012 R2, or subsequent versions of Windows and subsequent versions of Windows Server. The information sent to Microsoft does not represent any personal information. This information cannot be used to determine the make or model of the device(s) and it cannot be backward calculated to determine any additional information about your device(s). For more information, see go.microsoft.com/fwlink/?linkid=141210. By using the software, you consent to the transmission of this information. 4. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.” • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; • distribute Distributable Code included in a setup program only as part of that setup program without modification; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 5. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 6. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 7. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 8. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 9. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 10. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 11. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 12. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 13. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 14. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 15. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 16. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 17. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ************************************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS DRIVER KIT FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs. b. Build Server List. The software contains certain components that are identified in the Build Server List located at http://go.microsoft.com/fwlink/?LinkID=317349. You may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling, building, verifying and archiving your programs. These components may only be used in order to create and configure build systems internal to your organization to support your internal build environment. These components do not provide external distribution rights to any of the software or enable you to provide a build environment as a service to third parties. We may add additional files to this list from time to time. c. Drivers for Windows RT 8.1. You may install and use any number of copies of the software on your premises to design, develop and test your “Specified Driver” for use on the Windows RT 8.1 platform. A Specified Driver is the software components that enable a specific set of device drivers to run on the Windows RT 8.1 platform. You may install and use any number of copies of the software on your premises to design, develop and test your “Permitted Tools” for use in hardware or software development to run on the Windows RT 8.1 platform. Permitted Tools are tools used for diagnostics, quality assurance, imaging, updating or installing firmware, and testing and debugging hardware or software. You may not use the software to develop applications, ActiveX controls, system extensions, control panels or any other software intended for or available to end users. c. Included Microsoft Programs. The software contains other Microsoft programs. In some cases, those programs and the license terms that that apply to your use of them are addressed specifically in these license terms. For all other included Microsoft programs, these license terms govern your use. d. Third Party Programs. The software may include third party programs that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party program are included for your information only. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus any of the files listed on the REDIST list located at http://go.microsoft.com/fwlink/?LinkId=294840. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; • distribute Distributable Code included in a setup program only as part of that setup program without modification; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. 4. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 5. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 7. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 9. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 10. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 11. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 12. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 13. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 14. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 15. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ************************************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS HARDWARE CERTIFICATION KIT FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop and test your programs, solely to create submissions for the Windows Hardware Certification Program. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 3. THIRD PARTY NOTICES. This software may include third party code. Microsoft, not the third party, licenses the software to you under the terms set forth in this agreement. Notices, if any, for any third party code are included for your information only. 4. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 5. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 6. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 8. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 11. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 13. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. ************************************************************************************* MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT WINDOWS SOFTWARE DEVELOPMENT KIT (SDK) FOR WINDOWS 8.1 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services. If you comply with these license terms, you have the perpetual rights below. 1. INSTALLATION AND USE RIGHTS. a. You may install and use any number of copies of the software on your devices to design, develop and test your programs that run on a Windows operating system. Further, you may install, use and/or deploy via a network management system or as part of a desktop image, any number of copies of the software on computer devices within your internal corporate network to design, develop and test your programs that run on a Windows operating system. Each copy must be complete, including all copyright and trademark notices. You must require end users to agree to terms that protect the software as much as these license terms. b. Utilities. The software contains certain components that are identified in the Utilities List located at go.microsoft.com/fwlink/?LinkId=294837. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. Except as otherwise provided on the Utilities List for specific files, you may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a third party machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine. We may add additional files to this list from time to time. c. Build Server List. The software contains certain components that are identified in the Build Server List located at go.microsoft.com/fwlink/?LinkId=294839. You may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling, building, verifying and archiving your programs. These components may only be used in order to create and configure build systems internal to your organization to support your internal build environment. These components do not provide external distribution rights to any of the software or enable you to provide a build environment as a service to third parties. We may add additional files to this list from time to time. d. Included Microsoft Programs. The software contains other Microsoft programs. Unless otherwise indicated in this agreement, these license terms apply to your use of those programs. e. Third Party Notices. The software may include third party code that Microsoft, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Notices, if any, for this third party code are included with the software and may be found in the ThirdPartyNotices.txt file located at go.microsoft.com/fwlink/?LinkId=294838. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files plus the files listed on the REDIST.TXT list located at go.microsoft.com/fwlink/?LinkId=294840. Depending on the specific edition of the software, the number of REDIST files you receive with the software may not be equal to the number of REDIST files listed in the REDIST.TXT List. We may add additional files to this list from time to time. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; • distribute Distributable Code included in a setup program only as part of that setup program without modification; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • for Distributable Code from the Windows Performance Toolkit portions of the software, distribute the unmodified software package as a whole with your programs, with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute partial copies of the Windows Performance Toolkit portion of the software package with the exception of the KernelTraceControl.dll and the WindowsPerformanceRecorderControl.dll which can be distributed with your programs; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. b. Windows Store. If you distribute your programs through the Windows Store you understand and agree such distribution is subject to the Windows Store developer terms and terms of use. 3. WINDOWS APPLICATION CERTIFICATION KIT. You may use the Windows Application Certification Kit solely to test your programs before you submit them for a potential Microsoft Windows Certification and for inclusion on the Microsoft Windows Store. The results you receive are for informational purposes only. Microsoft has no obligation to either (i) provide you with a Windows Certification for your programs and/or (ii) include your program on the Microsoft Windows Store. 4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. a. Consent for Internet-Based Services. The software features described below and in the privacy statement at go.microsoft.com/fwlink/?LinkID=294841 connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you. i. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser, and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. • Error Reports. This software automatically sends error reports to Microsoft. These reports include information about problems that occur in the software. Sometimes reports contain information about other programs that interact with the software. Reports might unintentionally contain personal information. For example, a report that contains a snapshot of computer memory might include your name. Part of a document you were working on could be included as well. Microsoft does not use this information to identify or contact you. To learn more about error reports, see http://oca.microsoft.com/en/dcp20.asp. • Windows Application Certification Kit. To ensure you have the latest certification tests, when the Windows Application Certification Kit software is launched it periodically checks download.microsoft.com to see if an update is available. If an update is found for the data files, it is automatically downloaded for use by the kit in certification tests. If an update is found to other parts of the kit, you are provided a link to a website where the update is available for download. ii. Use of Information. We may use the computer information, error reports, and CEIP information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. 5. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. 6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406 7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software, other than the Microsoft .NET Framework (see separate term above), to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; • transfer the software or this agreement to any third party; or • use the software for commercial software hosting services. 8. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 9. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 10. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see microsoft.com/exporting. 11. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 12. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 13. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 14. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 15. DISCLAIMER OF WARRANTY. The software is licensed “as is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. 16. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne : • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas. *************** EULAID:WINKITS.RTM.6.3.0.0_en-US ----------------------------------------------------------- MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT VISUAL STUDIO PROFESSIONAL 2013 AND TRIAL EDITION ----------------------------------------------------------- These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft · updates, · supplements, · Internet-based services, and · support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm. AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND USE OF INTERNET-BASED SERVICES. OVERVIEW OF TRIAL EDITION. If the software is a trial edition, then this Section applies to your use of the trial edition. A. INSTALLATION AND USE OF TRIAL EDITION. You may install and use any number of copies of the trial edition on your devices. You may only use the trial edition for internal evaluation purposes during the trial period. You may not deploy any applications to a production environment. You may run load tests of up to 250 virtual users during the trial period. B. TRIAL PERIOD AND CONVERSION. The length of the trial period is thirty (30) days. After the expiration of the trial period the trial edition will stop running. You will receive periodic warnings that the trial period is about to expire. You may extend the trial period an additional sixty (60) days by registering. You may not be able to access data used with the trial edition when it stops running. You may convert your trial rights at any time to the full-use rights described below by acquiring a valid full-use license. C. Sections 1–3(d), 4,10-14, 18, 19, 21, 22 and the Limited Warranty in the full-use license section of this agreement below do not apply to the trial edition. The following sections D-F below apply to the trial edition. D. Disclaimer of Warranty. The TRIAL EDITION is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. FOR AUSTRALIA – You have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights. E. Because the trial edition is “as is,” we may not provide support services for it. F. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the trial edition, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. TERMS FOR FULL-USE LICENSE FOR THE SOFTWARE: When you acquire the full-use license of the software named above, all of the license terms below apply. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE. 1. OVERVIEW. a. Software. The software includes development tools, software programs and documentation. b. License Model. The software is licensed on a per user basis. 2. INSTALLATION AND USE RIGHTS. a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. You may not use the software on a server in a production environment. b. Product Keys and Access Credentials. The software allows you to access services and features using your Microsoft account or other supported login credentials. You are responsible for the use of product keys assigned to you and access to services and features using your login credentials. You may not share the product keys or login credentials with other individuals. 3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices except as otherwise stated in this agreement. b. Utilities. The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=313603. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. You may copy and install the Utilities you receive with the software on to other third party machines. These Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto such other machines within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities on those machines. c. Build Server. The software contains certain components that are identified in the Build Server List located at http://go.microsoft.com/fwlink/?LinkId=313603. You may install copies of the files listed in it, onto your build machines. You and others in your organization may use these files on your build machines solely for the purpose of compiling, building, verifying and archiving your programs or to run quality or performance tests as part of the build process on your build machines. d. Font Components. While the software is running, you may use its fonts to display and print content. You may only · embed fonts in content as permitted by the embedding restrictions in the fonts; and · temporarily download them to a printer or other output device to help print content. e. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software, except as otherwise noted in this agreement or in the ThirdPartyNotices file accompanying the software. f. Third Party Notices. Additional copyright notices and license terms applicable to portions of the software are set forth in the ThirdPartyNotices file accompanying the Microsoft software. In addition to any terms and conditions of any third party license identified in the ThirdPartyNotices file, the disclaimer of warranty and limitation on and exclusion of remedies and damages provisions of this agreement shall apply to all software in this distribution. 4. DISTRIBUTABLE CODE. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. (For this Section the term “distribution” also means deployment of your programs for third parties to access over the Internet.) a. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” · REDIST.TXT Files. You may copy and distribute the object code form of code listed on the REDIST list located at http://go.microsoft.com/fwlink/?LinkId=313603. · Sample Code. You may copy, modify and distribute the source and object code form of code marked as “sample.” · Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content. · Blend Site Templates for Visual Studio. The software contains code marked as “site templates” that you are permitted to use along with your content. You may copy, modify, and distribute the source and object code form of these site templates. · Blend Fonts for Visual Studio. You may distribute unmodified copies of the Buxton Sketch font, SketchFlow Print font and SegoeMarker font. · Blend Styles for Visual Studio. You may copy, modify and distribute the object code form of code identified as “Sketch” or “Simple” Styles. · Silverlight 5 SDK Libraries. You may copy and distribute the object code form of code marked as “Silverlight Libraries”, “Client Libraries”, and “Server Libraries.” · ASP.NET and Web Tooling Extensions .js Files. You may copy, modify and distribute any .js files contained in the ASP.NET Model View Controller, ASP.NET Web Pages or in the Web Tooling Extensions project templates and NuGet packages as part of your ASP.NET programs. · Visual Studio LightSwitch Project Templates. You may modify, copy, and distribute the .js files contained in the Visual Studio LightSwitch project templates as part of your LightSwitch programs. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. b. Distribution Requirements. For any Distributable Code you distribute, you must: · add significant primary functionality to it in your programs; · for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; · distribute Distributable Code included in a setup program only as part of that setup program without modification; · require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement; · display your valid copyright notice on your programs; and · indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. c. Distribution Restrictions. You may not: · alter any copyright, trademark or patent notice in the Distributable Code; · use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; · distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies, or application platforms, except that JavaScript, CSS and HTML files included for use in websites and web applications (as opposed to Windows Library for JavaScript files covered in Section 4.d below) may be distributed to run on any platform; · include Distributable Code in malicious, deceptive or unlawful programs; or · modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that § the code be disclosed or distributed in source code form; or § others have the right to modify it. d. Windows Library for JavaScript. The software includes Windows Library for JavaScript. In addition to the other provisions of this Distributable Code section, the following also applies to your programs that work in conjunction with Windows Library for JavaScript. The Windows Library for JavaScript files help your programs implement the Windows design template and UI look and feel. You may copy, use and distribute these files, without modification, in programs you develop for your internal use or in programs that you develop and distribute to third parties. You may distribute programs containing the Windows Library for JavaScript files only through the Windows Store and not by any other means. e. Additional Licensing Requirements and/or Distribution Rights for Features Made Available with the Software: · Bing Maps. The software may include features that retrieve content such as maps, images and other data through the Bing Maps (or successor branded) application programming interface (the “Bing Maps API”) to create reports displaying data on top of maps, aerial and hybrid imagery. If these features are included, you may use these features to create and view dynamic or static documents only in conjunction with and through methods and means of access integrated in the software. You may not otherwise copy, store, archive, or create a database of the content available through the Bing Maps API. You may not use the Bing Maps API to provide sensor based guidance/routing, nor use any Road Traffic Data or Bird’s Eye Imagery (or associated metadata) even if available through the Bing Maps API for any purpose. · Additional Mapping APIs. The software may include application programming interfaces that provide maps and other related mapping features and services that are not provided by Bing (the “Additional Mapping APIs”). These Additional Mapping APIs are subject to additional terms and conditions and may require payment of fees to Microsoft and/or third party providers based on the use or volume of use of such Additional Mapping APIs. These terms and conditions will be provided when you obtain any necessary license keys to use such Additional Mapping APIs or when you review or receive documentation related to the use of such Additional Mapping APIs. · Windows.Phone.Speech namespace API. Using speech recognition functionality via the Windows.Phone.Speech namespace APIs in a program requires the support of a speech recognition service. The service may require network connectivity at the time of recognition (e.g., when using a predefined grammar). In addition, the service may also collect speech-related data in order to provide and improve the service. The speech-related data may include, for example, information related to grammar size and string phrases in a grammar. Also, in order for a user to use speech recognition on the phone they must first accept certain terms of use. The terms of use notify the user that data related to their use of the speech recognition service will be collected and used to provide and improve the service. If a user does not accept the terms of use and speech recognition is attempted by the application, the operation will not work and an error will be returned to the application. · Location Framework. The software may contain a location framework component that enables support of location services in programs. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the location framework component or the rest of the software. · Device ID Access. The software may contain a component that enables programs to access the device ID of the device that is running the program. In addition to the other limitations in this agreement, you must comply with all applicable local laws and regulations when using the device ID access component or the rest of the software. · PlayReady Support. The software includes the Windows Phone Emulator, which contains Microsoft’s PlayReady content access technology. Content owners use Microsoft PlayReady content access technology to help protect their intellectual property, including copyrighted content. This software uses PlayReady technology to access PlayReady-protected content and/or Microsoft Digital Rights Management (DRM) protected content. Microsoft may decide to revoke the software’s ability to consume PlayReady-protected content for reasons including but not limited to (i) if a breach or potential breach of PlayReady technology occurs, (ii) proactive robustness enhancement, and (iii) if content owners require the revocation because the software fails to properly enforce restrictions on content usage. Revocation should not affect unprotected content or content protected by other content access technologies. Content owners may require you to upgrade PlayReady to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade and may not be able to install other operating system updates or upgrades. · Microsoft Advertising SDK. If you pass precise location data or other user related data (e.g., user identifier, profile data, behaviorally tracked user data) to the Microsoft Advertising SDK for Windows Phone, then your program must (a) notify end users that it will be collecting and using user related information and providing this information to Microsoft for Microsoft’s advertising use, and (b) explicitly obtain affirmative user consent (e.g. the user must click an “Accept” or continue “Install” button) for this upon download of the software and/or application. In addition, you agree to: (a) comply with certification and other requirements for Windows Phone; (b) comply with Microsoft’s privacy and other policies in your collection and use of any user data; (c) not collect or use any user identifier created or provided to you by Microsoft for any purpose other than passing such identifier to a Microsoft advertising service as part of your use of the service; and (d) provide in your privacy policy and/or terms of use a link that provides users with the ability to opt out of Microsoft interest based advertising at the following location https://choice.live.com/AdvertisementChoice/. 5. DATA. a. Consent for Internet-Based Services. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. The software features described below and in the Visual Studio 2013 privacy statement connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off these features or not use them. For more information about these features, see http://go.microsoft.com/fwlink/?LinkId=286720 . BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you. · Extensions and Updates; and New Project Dialog. Extensions and Updates; and New Project Dialog can retrieve other software through the Internet from Visual Studio Gallery, Microsoft Download Center and MSDN Samples websites. To provide this other software, Extensions and Updates; and New Project Dialog send to Microsoft the name and version of the software you are using and language code of the device where you installed the software. In addition, Extensions and Updates contains an automatic update feature that is on by default. § For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=286720 . You may turn off this automatic update feature while the software is running (“opt out”). Unless you expressly opt out of this feature, the feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, operating system, the name and version of the software you are using and language code of the device where you installed the software, and (c) prompt you to download and/or install, current updates to the software or other third party software. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information. · Notification Tool Window. The software includes a notification tool window. When connected to the Internet, technologies that use the notification tool window may provide information related to extensions and other software or services that you have installed or opted into and display those updates to you. For more information please see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720 . · Really Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft. · Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance, help, and Appshelp. You may choose not to use these web content features. · Package Manager Features. For more information about these features, see the privacy statement available at go.microsoft.com/fwlink/?LinkId=205205. With respect to these package manager features, Microsoft or the third party service provider may use the computer information obtained through your use of these features, to improve its software and services. Microsoft or such third party may also share this information with others, such as hardware and software vendors that may use the information to improve how their products run with Microsoft software. § Open Data Protocol (OData) Service. The Microsoft NuGet-Based Package Manager and the package manager feature of Microsoft ASP.NET Web Pages will access a list of packages made available by Microsoft and third party service providers that is accessed by means of an OData service online located at go.microsoft.com/fwlink/?LinkID=206669. You may change the feed URL that the package manager feature initially points to at any time at your discretion. · Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. b. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. · Visual Studio Experience Improvement Program. This software uses the Visual Studio Experience Improvement Program (“VSEIP”) which is on by default. VSEIP helps Microsoft collect information about problems that you have while using the software. Microsoft also uses VSEIP Information to improve its software and services. Microsoft may also share VSEIP data with others, such as agents acting on Microsoft’s behalf and hardware and software vendors to improve how their products run with Microsoft software. To learn more about VSEIP, including how you can opt out, see go.microsoft.com/fwlink/?LinkId=286720 . · Data Collected Automatically. Microsoft automatically collects information identifying your installed Microsoft product, the operating system of the device, the CPU architecture of the operating system and data regarding the success or failure of the installation of the software, data identifying the cause of a crash in the product and information about the product license which is in use. Microsoft does not use this information to identify or contact you. For more information about privacy, see http://go.microsoft.com/fwlink/?LinkId=286720 . c. Microsoft Accounts in Visual Studio. If you are running the software on Windows 8, Windows 7 with sign-in assistant, or any other version of Windows that supports providing a Microsoft account directly to the software and you are signed into a Microsoft account in those versions of Windows, you may automatically be signed into the software and Visual Studio services accessed by the software using the same Microsoft account. This allows you to access services within the software and roam the software’s settings without being asked to reenter your Microsoft account credentials each time you start the software. For more information about signing into the software and the services available therein with a Microsoft account, see the privacy statement http://go.microsoft.com/fwlink/?LinkId=286720 . d. Use of Information. Microsoft may use the computer and services information to improve its software and services. Microsoft may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with Microsoft software. 6. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. 7. OTHER INCLUDED MICROSOFT SOFTWARE COMPONENTS: · Microsoft SQL Server, Microsoft SharePoint, Windows Software Development Kit (Windows SDK) and Components of Microsoft Office. The software is accompanied by Microsoft SQL Server software, Microsoft SharePoint software, including SharePoint Windows Identity Foundation Extensions, Windows SDKs and certain components of Microsoft Office software, which are all licensed to you under their own terms. The license terms for these software components are located in the “Licenses” folder of the software installation directory. If you do not agree to the license terms for these software components, you may not use them. · Windows Components. The software includes Microsoft .NET Framework software, certain .dll’s related to Microsoft Build technologies, Windows Identity Foundation, Windows Web Services (WWS) for Windows 2008 and Windows Library for JavaScript components. These software components are part of Windows and are licensed to you under separate Windows license terms or as a supplement to a Windows license. The product lifecycle support and license terms for the applicable Windows product apply to your use of these Windows components. · Microsoft Components Provided for Use with the Software. The software includes compilers, languages, runtimes, environments, and other resources that enable development for many Microsoft platforms. As a convenience to our Visual Studio customers, the software may install certain Microsoft SDKs and other Microsoft components that target and support those platforms. These components may be licensed and supported under their own terms and policies. The license terms for these software components are located in the “Licenses” folder of the software installation directory. If you do not agree to the license terms for these software components, you may not use them. 8. PACKAGE MANAGER AND THIRD PARTY SOFTWARE INSTALLATION FEATURES. The software includes the following features (each a “Feature”), each of which enables you to obtain software applications or packages through the Internet from other sources: Extension Manager, New Project Dialog, Web Platform Installer, Microsoft NuGet-Based Package Manager, and the package manager feature of Microsoft ASP.NET Web Pages. Those software applications and packages available through the Features are offered and distributed in some cases by third parties and in some cases by Microsoft, but each such application or package is licensed to you under its own terms. Microsoft is not distributing or licensing any of the third-party applications or packages to you, but instead, as a convenience, enables you to use the Features to access or obtain those applications or packages directly from the third-party application or package providers. By using the Features, you acknowledge and agree that: · you are obtaining the applications or packages from such third parties and under separate license terms applicable to each application or package (including, with respect to the package-manager Features, any terms applicable to software dependencies that may be included in the package). · Microsoft makes no representations, warranties or guarantees as to the feed or gallery URL, any feeds or galleries from such URL, the information contained therein, or any software applications or packages referenced in or accessed by you through such feeds or galleries. Microsoft grants you no license rights for third-party software applications or packages that are obtained using the Features. 9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not · disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval, however, this does not apply to the Microsoft .NET Framework (see Section 6); · work around any technical limitations in the software; · reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except, and solely to the extent: (i) permitted by applicable law, despite this limitation; or (ii) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software; · remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of Microsoft or its suppliers that are included in the software, including any content made available to you through the software; · share or otherwise distribute documents, text or images created using the software Data Mapping Services features; · make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; · publish the software, including any application programming interfaces included in the software, for others to copy; · use the software in any way that is against the law; · rent, lease or lend the software; or · use the software for commercial software hosting services. 10. BACKUP COPY. a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on your devices. b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on your devices. You may also use it to reinstall the software on your devices. 11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 13. DOWNGRADE. You may install and use this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you. You are not entitled to use the earlier version if you have acquired a non-perpetual license or if your license is Not for Resale. 14. PROOF OF LICENSE. If you acquired the software on a disc or other media, your proof of license is the genuine Microsoft certificate of authenticity label with the accompanying genuine product key and your proof of purchase. If you purchased and downloaded the software online, your proof of license is the genuine Microsoft product key for the software which you received with your purchase and your proof of purchase from an authorized electronic supplier of genuine Microsoft software. Proof of purchase may be subject to verification by your merchant’s records. To identify genuine Microsoft software, see www.howtotell.com. 15. TRANSFER TO A THIRD PARTY. The first licensee of the software may transfer it and this license agreement directly to another party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software, genuine Microsoft product key, and (if applicable) the Proof of License label. The first licensee must uninstall all copies of the software before transferring it separately from the device. The first licensee may not retain any copies of the genuine Microsoft product key to be transferred, and may only retain copies of the software if otherwise licensed to do so. If you have acquired a non-perpetual license to use the software or if the software is marked Not for Resale you may not transfer the software or the software license agreement to another party. 16. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. This software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE H.264/AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM. For clarification purposes, this notice does not limit or inhibit the use of the software for normal business uses that are personal to that business which do not include (i) redistribution of the decoding technology to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties. 17. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting . 18. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx . 19. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 20. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 21. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 22. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if · repair, replacement or a refund for the software does not fully compensate you for any losses; or · Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ************************************************************************ LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. References to “limited warranty” are references to the express warranty provided by Microsoft. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under local Consumer Law. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control. D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY. E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. 1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at · (800) MICROSOFT; · Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or · visit www.microsoft.com/info/nareturns.htm. 2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either · Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or · the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). 3. Australia. If you acquired the software in Australia, contact Microsoft to make a claim at · 13 20 58; or · Microsoft Pty Ltd, 1 Epping Road, North Ryde NSW 2113, Australia. 4. Outside United States, Canada, Europe, Middle East, Africa and Australia. If you acquired the software outside the United States, Canada, Europe, the Middle East, Africa and Australia, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws. FOR AUSTRALIA ONLY. In this paragraph, “goods” refers to the software for which Microsoft provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being replaced. Refurbished parts may be used to repair the goods. H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. EULAID: VS2013_RTM_PRO.1_ENU ----------------------------------------------------------------------------------------- MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS .NET FRAMEWORK 4.5 FOR MICROSOFT WINDOWS OPERATING SYSTEM AND ASSOCIATED LANGUAGE PACKS ----------------------------------------------------------------------------------------- Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (the “software”), you may use this supplement. You may not use it if you do not have a license for the software. You may use this supplement with each validly licensed copy of the software. The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply. By using this supplement, you accept these terms. If you do not accept them, do not use this supplement. If you comply with these license terms, you have the rights below. 1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. “Distributable Code” is code that you are permitted to distribute in programs you develop if you comply with the terms below. a. Right to Use and Distribute. · You may copy and distribute the object code form of the supplement. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. b. Distribution Requirements. For any Distributable Code you distribute, you must · add significant primary functionality to it in your programs; · for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; · distribute Distributable Code included in a setup program only as part of that setup program without modification; · require distributors and external end users to agree to terms that protect it at least as much as this agreement; · display your valid copyright notice on your programs; and · indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. c. Distribution Restrictions. You may not · alter any copyright, trademark or patent notice in the Distributable Code; · use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; · distribute Distributable Code to run on a platform other than the Windows platform; · include Distributable Code in malicious, deceptive or unlawful programs; or · modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that · the code be disclosed or distributed in source code form; or · others have the right to modify it. 2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx. 3. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (.NET Components). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at go.microsoft.com/fwlink/?LinkID=66406. Version 2 Android SDK Terms and Conditions This is the Android Software Development Kit License Agreement 1. Introduction 1.1 The Android Software Development Kit (referred to in the License Agreement as the "SDK" and specifically including the Android system files, packaged APIs, and Google APIs add-ons) is licensed to you subject to the terms of the License Agreement. The License Agreement forms a legally binding contract between you and Google in relation to your use of the SDK. 1.2 "Android" means the Android software stack for devices, as made available under the Android Open Source Project, which is located at the following URL: http://source.android.com/, as updated from time to time. 1.3 A "compatible implementation" means any Android device that (i) complies with the Android Compatibility Definition document, which can be found at the Android compatibility website (http://source.android.com/compatibility) and which may be updated from time to time; and (ii) successfully passes the Android Compatibility Test Suite (CTS). 1.4 "Google" means Google LLC, a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. 2. Accepting this License Agreement 2.1 In order to use the SDK, you must first agree to the License Agreement. You may not use the SDK if you do not accept the License Agreement. 2.2 By clicking to accept, you hereby agree to the terms of the License Agreement. 2.3 You may not use the SDK and may not accept the License Agreement if you are a person barred from receiving the SDK under the laws of the United States or other countries, including the country in which you are resident or from which you use the SDK. 2.4 If you are agreeing to be bound by the License Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to the License Agreement. If you do not have the requisite authority, you may not accept the License Agreement or use the SDK on behalf of your employer or other entity. 3. SDK License from Google 3.1 Subject to the terms of the License Agreement, Google grants you a limited, worldwide, royalty-free, non-assignable, non-exclusive, and non-sublicensable license to use the SDK solely to develop applications for compatible implementations of Android. 3.2 You may not use this SDK to develop applications for other platforms (including non-compatible implementations of Android) or to develop another SDK. You are of course free to develop applications for other platforms, including non-compatible implementations of Android, provided that this SDK is not used for that purpose. 3.3 You agree that Google or third parties own all legal right, title and interest in and to the SDK, including any Intellectual Property Rights that subsist in the SDK. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Google reserves all rights not expressly granted to you. 3.4 You may not use the SDK for any purpose not expressly permitted by the License Agreement. Except to the extent required by applicable third party licenses, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the SDK or any part of the SDK. 3.5 Use, reproduction and distribution of components of the SDK licensed under an open source software license are governed solely by the terms of that open source software license and not the License Agreement. 3.6 You agree that the form and nature of the SDK that Google provides may change without prior notice to you and that future versions of the SDK may be incompatible with applications developed on previous versions of the SDK. You agree that Google may stop (permanently or temporarily) providing the SDK (or any features within the SDK) to you or to users generally at Google's sole discretion, without prior notice to you. 3.7 Nothing in the License Agreement gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. 3.8 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the SDK. 4. Use of the SDK by You 4.1 Google agrees that it obtains no right, title or interest from you (or your licensors) under the License Agreement in or to any software applications that you develop using the SDK, including any intellectual property rights that subsist in those applications. 4.2 You agree to use the SDK and write applications only for purposes that are permitted by (a) the License Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 4.3 You agree that if you use the SDK to develop applications for general public users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores personal or sensitive information provided by users, it must do so securely. If the user provides your application with Google Account information, your application may only use that information to access the user's Google Account when, and for the limited purposes for which, the user has given you permission to do so. 4.4 You agree that you will not engage in any activity with the SDK, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Google or any mobile communications carrier. 4.5 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through Android and/or applications for Android, and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. 4.6 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any breach of your obligations under the License Agreement, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which Google or any third party may suffer) of any such breach. 5. Your Developer Credentials 5.1 You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by Google or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials. 6. Privacy and Information 6.1 In order to continually innovate and improve the SDK, Google may collect certain usage statistics from the software including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the SDK are being used and how they are being used. Before any of this information is collected, the SDK will notify you and seek your consent. If you withhold consent, the information will not be collected. 6.2 The data collected is examined in the aggregate to improve the SDK and is maintained in accordance with Google's Privacy Policy. 7. Third Party Applications 7.1 If you use the SDK to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Google is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Google is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources. 7.2 You should be aware the data, content, and resources presented to you through such a third party application may be protected by intellectual property rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners. 7.3 You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, the License Agreement does not affect your legal relationship with these third parties. 8. Using Android APIs 8.1 Google Data APIs 8.1.1 If you use any API to retrieve data from Google, you acknowledge that the data may be protected by intellectual property rights which are owned by Google or those parties that provide the data (or by other persons or companies on their behalf). Your use of any such API may be subject to additional Terms of Service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this data (either in whole or in part) unless allowed by the relevant Terms of Service. 8.1.2 If you use any API to retrieve a user's data from Google, you acknowledge and agree that you shall retrieve data only with the user's explicit consent and only when, and for the limited purposes for which, the user has given you permission to do so. 9. Terminating this License Agreement 9.1 The License Agreement will continue to apply until terminated by either you or Google as set out below. 9.2 If you want to terminate the License Agreement, you may do so by ceasing your use of the SDK and any relevant developer credentials. 9.3 Google may at any time, terminate the License Agreement with you if: (A) you have breached any provision of the License Agreement; or (B) Google is required to do so by law; or (C) the partner with whom Google offered certain parts of SDK (such as APIs) to you has terminated its relationship with Google or ceased to offer certain parts of the SDK to you; or (D) Google decides to no longer provide the SDK or certain parts of the SDK to users in the country in which you are resident or from which you use the service, or the provision of the SDK or certain SDK services to you by Google is, in Google's sole discretion, no longer commercially viable. 9.4 When the License Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the License Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 10. DISCLAIMER OF WARRANTIES 10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK AND THAT THE SDK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM GOOGLE. 10.2 YOUR USE OF THE SDK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SDK IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11. LIMITATION OF LIABILITY 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 12. Indemnification 12.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Google, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) your use of the SDK, (b) any application you develop on the SDK that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with the License Agreement. 13. Changes to the License Agreement 13.1 Google may make changes to the License Agreement as it distributes new versions of the SDK. When these changes are made, Google will make a new version of the License Agreement available on the website where the SDK is made available. 14. General Legal Terms 14.1 The License Agreement constitutes the whole legal agreement between you and Google and governs your use of the SDK (excluding any services which Google may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Google in relation to the SDK. 14.2 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google. 14.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the License Agreement is invalid, then that provision will be removed from the License Agreement without affecting the rest of the License Agreement. The remaining provisions of the License Agreement will continue to be valid and enforceable. 14.4 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the License Agreement. 14.5 EXPORT RESTRICTIONS. THE SDK IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SDK. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE. 14.6 The rights granted in the License Agreement may not be assigned or transferred by either you or Google without the prior written approval of the other party. Neither you nor Google shall be permitted to delegate their responsibilities or obligations under the License Agreement without the prior written approval of the other party. 14.7 The License Agreement, and your relationship with Google under the License Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the License Agreement. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. December 9, 2016 UNITY ASSET STORE - TERMS OF SERVICE AND RELATED END USER LICENSE AGREEMENT (APPENDIX 1) 1. Background 1.1 The Unity Asset Store (“Unity Asset Store”) is owned and operated by Unity Technologies ApS (company no. 30 71 99 13), Vendersgade 28, DK-1363 Copenhagen, Denmark ("Unity"). Your use of the Unity Asset Store is governed by a legal agreement between you and Unity consisting of these Asset Store Terms of Service ("Terms") which you must accept by checking the box indicating your acceptance of these Terms when you register as a user of the Unity Asset Store. 1.2 In addition any Asset that you acquire from the Unity Asset Store that has been developed by Unity or that has been made available by third-parties ("Providers") that are not affiliated with Unity, will be subject to Unity's standard Unity Asset Store End User License Agreement ("Unity-EULA"), which is Appendix 1 to these Terms and which you must accept as an integrated part of these Terms by checking the box indicating your acceptance of these Terms when you are register as a user of the Unity Asset Store. Certain Assets may be governed by a Provider end user license agreement. 1.3 You may use Unity Asset Store to browse, locate, and download Assets (defined as (i) software or software development kits designed in order to facilitate the development of electronic games and interactive media (ii) content (for example - without limitation - computer graphics, including 3D computer graphics, sounds and music), tutorials and other digital materials created in order to become integrated parts of electronic games). Some of these Assets may be offered by Unity while others may be made available by Providers. You agree that Unity is not responsible for any Asset on the Unity Asset Store that originates from a source other than Unity. Additionally, some Assets may be made available to you at no charge while other Assets may be purchased for a fee. You agree that you are solely responsible for all fees associated with purchases you make on the Unity Asset Store. 1.4 In order to use Unity Asset Store you must be 18 years of age or older. On using the service you warrant that you have legal capacity to enter into the agreement. 2. Unity's provision of the Unity Asset Store 2.1 You agree that Unity may stop (permanently or temporarily) providing the Unity Asset Store (or any features within the Unity Asset Store) to you or to users generally at Unity's sole discretion, without prior notice to you. 2.2 Unity may make available to you various payment processing methods to facilitate the purchase of Assets from the Unity Asset Store. You agree to abide by any relevant terms of service or other legal agreement, whether with Unity or a third party, that governs your use of a given payment processing method. You agree that Unity reserves the right to add or remove payment processing methods at its sole discretion and without notice to you. 2.3 From time to time, Unity may discover an Asset on the Unity Asset Store that violates the Asset Store Provider Agreement between a Provider and Unity or other legal agreements, laws, regulations or policies. You agree that in such an instance Unity retains the right at its sole discretion to demand that such Asset is removed from any computer or other equipment under your control and you agree to promptly comply with such demand. 3. Your Use of the Unity Asset Store 3.1 In order to access certain services in the Unity Asset Store, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to Unity will always be accurate, correct and up to date. 3.2 You agree to use the Unity Asset Store only for purposes that are permitted by (a) the Terms and Asset Store Guidelines and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Assets. 3.3 You agree not to access (or attempt to access) the Unity Asset Store by any means other than through the interface that is provided by Unity, unless you have been specifically allowed to do so in a separate agreement with Unity. You specifically agree not to access (or attempt to access) the Unity Asset Store through any automated means (including use of scripts, crawlers or similar technologies from time to time). 3.4 You agree that you will not engage in any activity that interferes with or disrupts the Unity Asset Store (or the servers, payment systems or networks which are connected to the Unity Asset Store). You agree that you will not use any of the Assets found on the Unity Asset Store in a way that interferes or disrupts any servers, payment systems, networks, or websites operated by Unity or any third party. 3.5 Unless you have been specifically permitted to do so in a separate agreement with Unity and except as permitted under the Unity-EULA, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any Asset that you have acquired from the Unity Asset Store for any purpose. 3.6 You agree that you are solely responsible for (and that Unity has no responsibility to you or to any third party for) your use of the Unity Asset Store or any Assets, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Unity may suffer) of any such breach. 3.7 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Unity Asset Store or the purchase of Assets through the Unity Asset Store, and that the reporting and payment of any such applicable taxes are your responsibility. 3.8 You agree that Unity and/or third parties own all right, title and interest in and to the Unity Asset Store and the Assets available through the Unity Asset Store, including without limitation all applicable Intellectual Property Rights in the Unity Asset Store and Assets. "Intellectual Property Rights" means any and all intellectual property rights wherever in the world and whenever arising (and including any application), including patent laws, copyright, trade secrets, know-how, confidential information, business names and domain names, computer programs, trademark laws, service marks, trade names, utility models, design rights, semi-conductor topography rights, database rights, goodwill or rights to sue for passing off, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Unity Asset Store or the Assets, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Unity Asset Store or Assets, (iii) use the Unity Asset Store or Assets to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Unity's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Unity Asset Store or Assets. 3.9 While Unity does not undertake any legal obligation to monitor, pre-screen, review, flag, filter, modify, refuse or remove any or all Assets or their content from the Unity Asset Store, Unity reserves the right to do so, and if Unity is notified by Provider or otherwise becomes aware and determines in its sole discretion that an Asset or any portion thereof; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Unity's hosting policies or other terms of service as may be updated by Unity from time to time in its sole discretion; (d) is being distributed by Provider improperly; (e) may create liability for Unity; (f) is deemed by Unity to have a virus or is deemed to be malware, spyware or have an adverse impact on Unity; (g) violates the terms of this Agreement; or (h) the display of the Asset is impacting the integrity of Unity servers (i.e., Customers are unable to access such content or otherwise experience difficulty), Unity may demand that Provider fixes the Asset. In addition Unity shall itself be entitled to edit and make changes in the Asset. Finally Unity shall be entitled to remove the Asset from the Unity Asset Store immediately, or reclassify the Asset at its sole discretion. Unity reserves the right to suspend and/or bar any Provider from the Unity Asset Store at its sole discretion. Irrespective of the above, you agree that by using the Unity Asset Store you may be exposed to Assets that you may find offensive, indecent or objectionable and that you use the Unity Asset Store at your own risk. 4. Unity Services and Third Party Assets and Services 4.1 Some components of Assets (whether developed by Unity or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the Terms, the applicable EULA and any such licenses, the open source software licenses shall prevail with respect to those components. 5. Automatic Updates Assets originating from Unity and Providers may communicate with Unity servers or Providers' servers as the case may be from time to time to check for available updates to the Asset Store and the Assets, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing these Assets, you agree to such automatically requested and received Updates. The Asset Store may make connections to remote servers to provide Unity with anonymous usage statistics collected by Google Analytics that Unity uses to improve the Asset Store. The Asset Store may also have features that confirm your compliance with the terms of this Agreement. 6. Indemnifications 6.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Unity, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Unity Asset Store, including your downloading, installation, or use of any Assets, or your violation of these Terms. 7. Termination 7.1 These Terms will continue to apply until terminated by either you or Unity as set out below. 7.2 If you want to terminate these Terms, you may do so by ceasing your use of the Unity Asset Store and any Assets downloaded from the Unity Asset Store. 7.3 Unity may at any time, terminate these Terms with you if: (A) you have breached any provision of these Terms; or (B) Unity is required to do so by law; or (C) Unity decides to no longer provide the Unity Asset Store. 7.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Unity have benefited from, been subject to (or which have accrued over time whilst these Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 11.7 shall continue to apply to such rights, obligations and liabilities indefinitely. 8. Disclaimer of Warranties 8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITY ASSET STORE IS AT YOUR SOLE RISK AND THAT THE UNITY ASSET STORE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, UNITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE ASSETS WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE ASSETS WILL BE CORRECTED. 8.2 YOUR USE OF THE UNITY ASSET STORE AND ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UNITY ASSET STORE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNITY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE UNITY ASSET STORE AS WELL AS THE UNITY ASSET STORE ITSELF. 8.4 NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 9. Limitation of Liability 9.1 UNITY AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO UNITY BY YOU IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL UNITY OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE UNITY ASSET STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNITY, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE UNITY ASSET STORE; (II) ANY CHANGES WHICH UNITY MAY MAKE TO THE ASSETS OR ON THE UNITY ASSET STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE UNITY ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE UNITY ASSET STORE OR THE ASSETS; (III) YOUR FAILURE TO PROVIDE UNITY WITH ACCURATE ACCOUNT INFORMATION; 9.3 NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR UNITY, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW. 10. Change of Terms 10.1 Unity may add or make changes to the Terms from time to time. When these changes are made, Unity will make a new copy of the Terms available at the Unity Asset Store. 10.2 You understand and agree that if you use the Unity Asset Store and the Assets after the date on which the Terms have changed Unity will treat your use as acceptance of the updated Terms. 11. General Legal Terms 11.1 These Terms constitutes the whole legal agreement between you and Unity and govern your use of the Unity Asset Store and the Assets, and completely replace any prior agreements between you and Unity in relation to the Unity Asset Store and the Assets. Each party confirms that, in entering into the Terms it has not relied upon any representations or statements not expressly incorporated herein. Notwithstanding anything else in the Terms, neither party limits or excludes liability for fraudulent misrepresentation. 11.2 You agree that if Unity does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Unity has the benefit of under any applicable law), this will not be taken to be a formal waiver of Unity's rights and that those rights or remedies will still be available to Unity. 11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable. 11.4 You acknowledge and agree that each member of the group of companies with which Unity is affiliated shall be third party beneficiaries to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to these Terms. (whether pursuant to the contract, law or otherwise). 11.5 The rights granted in the Terms may not be assigned or transferred by you without the prior written approval of Unity. Nor shall you be permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Unity. 11.6 The rights granted in the Terms may be assigned or transferred by Unity without your prior written approval. In addition Unity shall be permitted to delegate its responsibilities or obligations under these Terms without your written approval. 11.7 These Terms, and your relationship with Unity under these Terms, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these Terms, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, you agree that Unity shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. APPENDIX 1 ASSET STORE END USER LICENSE AGREEMENT 1. Parties to the Agreement/The Subject Matter of the Agreement: 1.1 This Unity Asset Store End User License Agreement (hereinafter referred to as “EULA”) is a non-exclusive, legally binding end user license agreement between any individual or a single entity (“END-USER”) that acquires an Asset from the Unity Asset Store and either (i) Unity Technologies ApS (company no. 30 71 99 13), Vendersgade 28, DK-1363 Copenhagen, Denmark (“Licensor” or "Unity"), or as the case may be (ii) any third party (“Provider”) that distributes its Assets from the Unity Asset Store. Consequently, this EULA shall apply regardless of whether a purchased Asset is produced by Unity or by a Provider ("Licensor"). This EULA is therefore a non-exclusive, legally binding end user license agreement as the case may be between either (i) Unity and END-User (in which case the term "Licensor" shall refer to Unity), or (ii) Provider and End User (in which case the term "Licensor" shall refer to Provider). 1.2 By installing, copying, accessing, downloading or otherwise using the Assets, End User agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding. 1.3 The subject matter of this EULA is the licensing to END-USER of any Asset acquired by End User from the Unity Asset Store. The Assets are licensed, not sold. 1.4 END USER hereby acknowledges that in the event it acquires an ASSET which in the Unity Asset Store is marked as an Asset which is distributed by Provider (as opposed to Unity), then Provider shall be considered as Licensor of such Asset and, consequently, only Provider (as opposed to Unity) shall be responsible for any liability whatsoever under, any EULA or any breach by Provider, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that payment takes place to Unity. 2. END-USER's Rights and Obligations 2.1 END-USER may use the licensed Assets only for their intended purpose. 2.2 Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate Assets only as incorporated and embedded components of electronic games and interactive media and distribute such electronic game and interactive media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and interactive media. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling). 2.3 EXCEPT FOR EDITOR EXTENSION ASSETS, END-USER is granted a license to install and use Assets on an unlimited number of computers provided that these computers are either all (i) physically located at a single physical location ("Site") belonging to END-USER, or (ii) laptops belonging to END-USER which have been made available by END-USER to its employees that are employed at the same Site provided all such computers have appropriately licensed Unity software installed. Consequently, any Asset may only be used at particular Site or on computers assigned to END-USER's employees employed at the same Site and may only be moved to another Site subject to prior written approval from Licensor. THIS CLAUSE 2.3 DOES NOT APPLY TO ASSETS THAT IN THE UNITY ASSET STORE ARE CATEGORIZED UNDER THE HEADING "EDITOR EXTENSIONS." 2.4 Editor Extensions: END-USER is granted a license to install and use any Assets which are categorized in the Asset Store as "Editor Extensions" only on one (1) computer. For the avoidance of doubt, Editor Extension Assets are licensed on a per computer basis may not be shared or used concurrently on different computers. 2.5 Game Services SDKs: If END-USER downloads and integrates Services SDKs, END-USER may be required to accept a Licensor end user agreement and/or additional Licensor terms and conditions to use such services. 2.6 END-USER shall pay for the license to the Assets in accordance with the payment process provided in the Asset Store. END USER shall provide customary billing and tax information such as name, billing address, credit card information and VAT number (for EU residents). END USER agrees to pay for all purchases hereby authorizes the collection of such amounts including applicable taxes by charging the credit card provided, either directly by Unity or indirectly, via a third party online payment processor. VAT numbers cannot be added or changed after the purchase is completed. If you are directed to a third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Privacy Policy. Please review such third party's terms and conditions and privacy policy before using the services. All sales are final and there shall be no refunds except as required by law. 2.7 Some components of Assets (whether developed by Unity or third parties) may also be governed by applicable open source software licenses. In the event of a conflict between the applicable EULA and any such open source licenses, the open source software licenses shall prevail with respect to those components. 3. Licensor's Rights and Obligations 3.1 Licensor shall render support services to END-USER only in the event a special agreement to this effect has been entered into. 4. Termination 4.1 Without prejudice to any other rights, Licensor may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms. 4.2 END-USER may terminate END-USER's license at any time. 4.3 In the event that Unity at its discretion or as a result of a decision made by any competent court or authority makes a refund to END-USER of the fees paid for any Asset, then this EULA shall terminate for such Asset. 4.4 In the event of termination of this EULA, all license rights granted herein terminate and END-USER shall immediately destroy any and all copies of the Assets contained on any type of media under the control of END-USER and confirm such destruction in writing to LICENSOR. 5. Duplication Rights/Back Up Copy 5.1 END-USER may not make copies of the Assets, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law. In addition Licensor acknowledges that copies of the Assets may be made when the Assets have been integrated as parts of electronic games and interactive media, cf. Section 2.3 above. 5.2 After installation of one copy of the Asset pursuant to this EULA, END USER may keep the original copy of the Asset solely for back up or archival purposes. 6. Reverse Engineering, Decompilation, and Disassembly 6.1 Except for Services SDKs, END USER may modify assets. END USER shall not reverse engineer, decompile, or disassemble Services SDKs, except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law. 7. Trademarks 7.1 This EULA does not grant END-USER any rights in connection with any trademarks or service marks of Licensor, Provider or Licensor's other suppliers. 8. Upgrades and Support 8.1 Assets identified as upgrades replace and/or supplement the licensed Assets. 8.2 Licensor may at its own discretion from time to time provide upgrades of the Assets to END USER without requesting further payment. Irrespective hereof END-USER is only entitled to licenses to upgrades if END-USER has entered into an Upgrade Agreement with Licensor. END-USER may use the upgraded Assets only in accordance with the terms of this EULA. 8.3 END-USER is only entitled to support if END-USER has entered into a Support Agreement with Licensor. 9. Copyright 9.1 The Assets are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. 9.2 All title and intellectual property rights in and to the Assets (including but not limited to any software, images, photographs, animations, graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Assets), the accompanying printed materials, and any copies of the Assets are owned by Licensor. All rights not expressly granted are reserved by Licensor. 10. Disclaimer of Warranties 10.1 END-USER UNDERSTANDS AND ACCEPTS THAT PRIOR TO PLACING ANY ASSET ON THE UNITY ASSET STORE, UNITY DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANY ASSET OR THEIR CONTENT FROM THE UNITY ASSET STORE. CONSEQUENTLY, END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE ASSETS IS AT END-USER'S SOLE RISK AND THAT THE ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO END-USER THAT: (A) END-USER'S USE OF THE ASSETS WILL MEET END-USER'S REQUIREMENTS, (B) END-USER'S USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF END-USER'S USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO END-USER AS PART OF THE ASSETS WILL BE CORRECTED. 10.2 END-USER'S USE OF ANY ASSETS IS AT END-USER'S OWN DISCRETION AND RISK AND END-USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER'S COMPUTER SYSTEM, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. 10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS. 10.4 NONE OF THE ASSETS ARE INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. 11. Limitation of Liability 11.1 LICENSOR AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO END-USER FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS WILL BE LIMITED TO THE AMOUNTS PAID TO END-USER BY END-USER IN THE PAST SIX MONTHS FOR THE ASSETS RELATING TO THE DISPUTE. IN NO EVENT WILL LICENSOR OR ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES SHALL BE LIABLE TO END-USER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE ASSET STORE OR ANY ASSETS DOWNLOADED OR OTHERWISE OBTAINED FROM THE UNITY ASSET STORE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 11.2 END-USER EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO END-USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY END-USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY END-USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN END-USER AND LICENSOR OR ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE UNITY ASSET STORE; (II) ANY CHANGES WHICH LICENSOR MAY MAKE TO THE ASSETS OR ON THE UNITY ASSET STORE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE UNITY ASSET STORE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH END-USER'S USE OF THE ASSETS; (IV) END-USER'S FAILURE TO PROVIDE UNITY WITH ACCURATE ACCOUNT INFORMATION; 11.3 NOTHING IN THE TERMS EXCLUDES THE LIABILITY FOR LICENSOR, ITS SUBSIDIARIES OR AFFILIATES FOR: (I) DEATH AND PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED BY APPLICABLE LAW. 12 Export Restrictions 12.1 Assets available on the Unity Asset Store may be subject to laws, administrative regulations and executive orders of those authorities responsible according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to which a license is required under the Export Laws without first obtaining a license. 13 Venue and Applicable Law 13.1 This EULA and END-USER's relationship with Licensor under this EULA, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, Provider agrees that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Youtube Terms of Service Community Guidelines 1. Your Acceptance By using or visiting the YouTube website or any YouTube products, software, data feeds, and services provided to you on, from, or through the YouTube website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Google's Privacy Policy, found at https://www.youtube.com.au/t/privacy and incorporated herein by reference, and (3) YouTube's Community Guidelines, found at https://www.youtube.com.au/t/community_guidelines and also incorporated herein by reference. If you do not agree to any of these terms, the Google Privacy Policy, or the Community Guidelines, please do not use the Service. The Service is provided by YouTube, LLC, which, along with its products and services, is referred to as “YouTube” in these Terms of Service. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://www.youtube.com.au/t/terms). YouTube may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. 2. Service These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of YouTube, including but not limited to all products, software and services offered via the YouTube website, such as the YouTube channels, the YouTube "Embeddable Player," the YouTube "Uploader" and other applications. The Service may contain links to third party websites that are not owned or controlled by YouTube. YouTube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouTube will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve YouTube from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit. 3. YouTube Accounts In order to access some features of the Service, you will have to create a YouTube or Google Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouTube immediately of any breach of security or unauthorized use of your account. Although YouTube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouTube or others due to such unauthorized use. 4. General Use of the Service—Permissions and Restrictions YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). You agree not to alter or modify any part of the Service. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate. You agree not to use the Service for any of the following commercial uses unless you obtain YouTube's prior written approval: the sale of access to the Service; the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales. Prohibited commercial uses do not include: uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your business or artistic enterprise; showing YouTube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or any use that YouTube expressly authorizes in writing. (For more information about what constitutes a prohibited commercial use, see our FAQ.) If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the YouTube website. If you use the YouTube Uploader, you agree that it may automatically download and install updates from time to time from YouTube. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit YouTube to deliver these to you) as part of your use of the Uploader. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YouTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouTube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. In your use of the Service, you will comply with all applicable laws. YouTube reserves the right to discontinue any aspect of the Service at any time. 5. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to YouTube, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that YouTube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless YouTube, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. 6. Your Content and Conduct As a YouTube account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein. You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at https://www.youtube.com.au/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. YouTube does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YouTube will remove all Content if properly notified that such Content infringes on another's intellectual property rights. YouTube reserves the right to remove Content without prior notice. 7. Account Termination Policy YouTube will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. YouTube reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. YouTube may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. 8. Copyright Policy YouTube operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here https://www.youtube.com.au/t/copyright_notice. As part of YouTube's copyright policy, YouTube will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice. 9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUTUBE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YOUTUBE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YOUTUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, YOUTUBE LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by YouTube from its facilities in the United States of America. YouTube makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouTube, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. 12. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouTube without restriction. 14. General You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over YouTube, either specific or general, in jurisdictions other than California. You agree that the laws of California, excluding California’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at https://www.youtube.com.au/t/privacy and any other legal notices published by YouTube on the Service, shall constitute the entire agreement between you and YouTube concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and YouTube's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND YOUTUBE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Dated: 9 June 2010 MAP Terms & Conditions The Mood Assessment Program (MAP) is a computerised software program that has been developed by the Black Dog Institute to assist health care providers in the clinical assessment and management of people with depression and bipolar disorder. The MAP program is not by itself capable of giving a precise diagnosis, does not replace clinical assessment and is not intended to be a substitute for professional medical advice, diagnosis or treatment. By completing the MAP, you will provide your referring health care provider with information that will assist them in formulating a treatment plan for you. You should make an appointment with your health care provider to discuss the results of this assessment. Privacy Statement Information you provide will be used to generate a report which will be sent to your health care provider. It is necessary to answer all questions in order for a report to be generated. If you do not complete all questions this program will not generate a report. Information provided by you in the completion of this program will not be sold or traded to any other person under any circumstances. If you have any concerns about how information you provide will be used, please contact us at: Black Dog Institute, Hospital Road, Prince of Wales Hospital, Randwick NSW 2031. A copy of our privacy policy is available at blackdoginstitute.org.au or by writing to us. OnlineVideoConverter TERMS AND CONDITIONS 1. Your Acceptance BY USING OR VISITING THIS WEBSITE (together with all Content available through the OnlineVideoConverter.com domain name, the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms & Conditions"). These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions or the Privacy Policy, then please do not use the Website. IF YOU DO NOT UNDERSTAND THE ENGLISH LANGUAGE, then please use a translator or do not use the website. 2. Links The Website may contain links to third party websites that are not owned or controlled by OnlineVideoConverter.com. OnlineVideoConverter.com is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OnlineVideoConverter.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release OnlineVideoConverter.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit. OnlineVideoConverter.com does not host any of the videos embedded here. 3. Website Access OnlineVideoConverter.com hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without OnlineVideoConverter.com's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions. You are solely responsible for the activity that occurs on this Website. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the OnlineVideoConverter.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. OnlineVideoConverter.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. OnlineVideoConverter.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below). OnlineVideoConverter.com has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause. 4. Intellectual Property Rights The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OnlineVideoConverter.com. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without OnlineVideoConverter.com's prior written consent. OnlineVideoConverter.com reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website. 5. Copyright and Content Policy OnlineVideoConverter.com respects the intellectual property rights of others, and requests you to do the same. OnlineVideoConverter.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OnlineVideoConverter.com will promptly suspend any copyrighted content (served via a publicly available web address / URL) from being able to be converted and downloaded by its Website when kindly notified. OnlineVideoConverter.com also has a team in place that’s putting in extra effort to mitigate the possibility of copyright infringing activities using its Website by actively seeking out and disabling the possible conversion of commercial copyrighted materials. If you’re a content creator/owner, copyright owner or an agent thereof and would like to disable the possible use of OnlineVideoConverter.com’s platform to convert your publicly available content(s), please kindly send us a request via e-mail at copyright@onlinevideoconverter.com with the following information: the URL(s) and description(s) of the content(s) you want us to block; a form of electronic or physical evidence showing that you have the rights to act for the content(s); contact information that is reasonably sufficient to permit us to contact you, such as an address, telephone number, and a valid e-mail address. The content(s) will be blacklisted in our system within 24 hours. 6. Trademarks OnlineVideoConverter.com, the OnlineVideoConverter.com logo, and all other OnlineVideoConverter.com trademarks, service marks, product names, and trade names of OnlineVideoConverter.com appearing on the Services are owned by OnlineVideoConverter.com. All other trademarks, service marks, product names, logos and pics appearing on the Services are the property of their respective owners. 7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, OnlineVideoConverter.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OnlineVideoConverter.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. OnlineVideoConverter.com DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND OnlineVideoConverter.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT THE UNIQUE PURPOSE OF DOWNLOADING CONTENTS WITH RESTRICTIVE AND PERSONAL USES. AS THE SERVICE IS FULLY ACCESSIBLE FROM INTERNET, YOU AGREE THAT YOU NEED TO KNOW THE SPECIFIC RULES APPLIED IN YOUR COUNTRY. YOU AGREE THAT MORE GENERALLY ALL THE CONTENT DOWNLOADED FROM OnlineVideoConverter.com IS INTENDED FOR AN EVALUATION PERIOD AND WILL NOT BE PRESENT ON YOUR HARD DRIVE OR ANY OTHER DEVICES MORE THAN A RESTRICTIVE PERIOD OF 2 DAYS. YOU AGREE THAT IF YOU WISH TO KEEP THE CONTENT AND IF THIS CONTENT IS SOLD UNDER A LICENCE , YOU WILL BUY A LICENSE OF IT. 8. Limitation of Liability IN NO EVENT SHALL OnlineVideoConverter.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OnlineVideoConverter.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OnlineVideoConverter.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 9. Indemnity You agree to defend, indemnify and hold harmless OnlineVideoConverter.com, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website. 10. Ability to Accept Terms & Conditions You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 11. Assignment These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OnlineVideoConverter.com without restriction. 12. General You agree that: (i) the Website shall be deemed solely based in Netherlands; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over OnlineVideoConverter.com, either specific or general, in jurisdictions other than the country of Netherlands. These Terms & Conditions shall be governed by the internal substantive laws of the country of Netherlands, without respect to its conflict of laws principles. Any claim or dispute between you and OnlineVideoConverter.com that arises in whole or in part from the Website or these Terms & Conditions shall be decided exclusively by a federal or state court of competent jurisdiction located in Netherlands. These Terms & Conditions, and any other legal notices published by OnlineVideoConverter.com on the Website, shall constitute the entire agreement between you and OnlineVideoConverter.com concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. OnlineVideoConverter.com reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND OnlineVideoConverter.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OnlineVideoConverter.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Headspace Terms and Conditions 1. GENERAL INFORMATION 1.1 HEADSPACE PRODUCTS These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.headspace.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Headspace). Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Headspace,” “us” or “we” refers to Headspace, Inc. and its wholly owned UK based subsidiary, Headspace Meditation Limited. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products. Our contact email address is help@headspace.com. All correspondence to Headspace including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address. 1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND HEADSPACE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 1.3 BASIS OF LICENSE (a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control. (b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Headspace. (c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES AND THE UNITED KINGDOM MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE UNITED KINGDOM. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION. 1.4 CHANGES TO TERMS Headspace reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.headspace.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email. 2. MEMBERSHIPS AND SUBSCRIPTIONS 2.1 BECOMING A MEMBER (a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. (b) In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Headspace Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date. (c) By placing an Order through the Products, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation. 2.2 ONCE A MEMBER You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information. 2.3 USE OF HEADSPACE BY MINORS You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms. 2.4 MEMBERSHIP As a Headspace Member you will receive access to certain sections, features and functions of the Products that are not available to non-members. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from Headspace commercial emails by following the opt-out instruction in these emails. Headspace memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever. 2.5 SUBSCRIPTIONS (a) Headspace account holders may access the Products in two ways: (i) "Basics" Free Trial: a free-of-charge program, which gives unlimited access to ten days of our “Foundation Course.” (ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the "Basics" Free Trial. You will only have access to the Subscription Program while your subscription is active and subsisting. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them. (b) Headspace offers monthly, annual, two year and forever subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days and two years constitutes 730 calendar days. For the purposes of our forever subscription, forever constitutes 100 years or until the date Headspace ceases to commercially offer the Products. (c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Headspace is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.6(h) (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. (d) Our “Yearly” and “Two Year” subscriptions are paid for by an upfront one-off payment with automatic annual or two year renewals respectively. You acknowledge and agree that Headspace is authorized to charge the Payment Method used for (i) the initial annual or two year subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period. (e) Our “Forever” subscription is paid for by a one-off upfront payment. (f) You may cancel automatic renewals of your subscription at any time by emailing help@headspace.com. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner. (g) You agree to promptly notify Headspace of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. (h) In the course of your use of the Products, Headspace and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Headspace and Headspace’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. (i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Headspace for commercial purposes. 2.6 DEVICE REQUIREMENTS To enjoy Headspace via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces. 2.7 GIFTING “Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for as a one-off upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Headspace gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Headspace will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Headspace is not responsible if a Gift Subscription is lost, stolen or used without permission. 2.8 CORPORATE AND OTHER CONSUMER COMMUNITIES While Headspace is a consumer products company, there is increasing interest by large consumer communities (corporations, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, these Terms shall prevail. 2.9 CHANGING FEES AND CHARGES We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing help@headspace.com. 3. CANCELLATION OF SERVICES 3.1 CANCELLATION BY YOU (a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing help@headspace.com. (b) You may cancel our Yearly, Two Year and Forever subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by emailing help@headspace.com. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly and Two Year subscriptions or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. (c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. 3.2 CANCELLATION BY US We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products. 3.3 PROMOTION CODES Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased. 4. PROHIBITED USE OF THE PRODUCTS 4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner. 4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose. 4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately. 4.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Headspace. 5. MATERIALS OFFERED THROUGH THE PRODUCTS 5.1 COPYRIGHT (a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Headspace (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission. (b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you. (c) Audio or video content from Headspace not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device. (d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products. (e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Headspace through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Headspace grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content. (f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Headspace will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 5.2 TRADEMARKS Headspace®, the Headspace logo and all other Headspace product or service marks are trademarks of Headspace. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Headspace will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution. 6. AVAILABILITY OF PRODUCTS 6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at help@headspace.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time. 6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing help@headspace.com. 7. USER MATERIAL 7.1 The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publically available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products. 7.2 This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so. 7.3 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. 7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice. 7.5 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Headspace or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Headspace. You acknowledge that we may indirectly commercially benefit from use of your User Material. 7.6 Each time you submit User Material to us, you represent and warrant to us as follows: (a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract. (b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate. (c) Your User Material does not advertise any product or service or solicit any business. (d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person. (e) You will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email. (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person. (g) You will not engage in any automated use of the system, such as using scripts to alter our content. (h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Headspace’s computer systems, or the technical delivery systems of Headspace’s providers. (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Headspace system or network or breach any security or authentication measures. 7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted. 7.8 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Headspace may include your User Material in Headspace’s Distribution Content that is made available to others through the Products. Be aware that Headspace has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material. 7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Headspace has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Headspace and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. 8. LINKS TO WEBSITES/HOME PAGE 8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services. 8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Headspace. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to help@headspace.com. 9. PRODUCTS DISCLAIMER The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk. 10. MEDICAL DISCLAIMER 10.1 Headspace is a provider of online and mobile meditation content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Headspace makes no claims, representations or guarantees that the Products provide a therapeutic benefit. 10.2 Any health information and links on the Products, whether provided by Headspace or by contract from outside providers, is provided simply for your convenience. 10.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. 10.4 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. 11. END USER LICENSE 11.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable subscription fees, Headspace grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. 11.2 The Products contain or embody copyrighted material, proprietary material or other intellectual property of Headspace or its licensors. All right, title and ownership in the Products remain with Headspace or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms. 11.3 You agree that you will not and you will not assist or permit any third party to: (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products; (b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever; (c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part; (d) Tamper with the Products or circumvent any technology used by Headspace or its licensors to protect any content accessible through the Products; (e) Circumvent any territorial restrictions applied to the Products; or (f) Use the Products in a way that violates this License Agreement or the other Terms. 11.4 You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Headspace or its licensors and your use of them must be in accordance with these Terms. 12. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE 12.1 We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. 12.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below. 12.3 If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) A description of the copyrighted work or other intellectual property that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Products; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. (g) Our designated agent for notice of claims of copyright infringement can be reached as follows: By Mail: Headspace, Inc. Attn: Copyright Agent 500 Molino St., Suite 118 Los Angeles, CA 90013 By E-Mail: hcannom@wscylaw.com Subject line: DMCA 13. GENERAL TERMS AND CONDITIONS 13.1 ASSIGNMENT BY US Headspace may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here. 13.2 INDEMNITY BY YOU You agree to defend, indemnify and hold Headspace and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, or your breach or violation of the law or of these Terms. Headspace reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Headspace defense of such claim. 13.3 WARRANTIES AND LIMITATIONS (a) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality. (b) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription. (c) Nothing in this sections 13.3 or otherwise in these Terms shall exclude or in any way limit Headspace’s liability for: fraud; death or personal injury caused by negligence; or liability to the extent the same may not be excluded or limited as a matter of law. (d) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe rights of third parties. (e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded. 13.4 NO WAIVER If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms. 13.5 FORCE MAJEURE We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control. 13.6 INTERPRETATION In these Terms, unless the context requires otherwise: i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa. 13.7 ELECTRONIC COMMUNICATIONS (a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. (b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text. (c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at help@headspace.com (d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication. (e) To receive and view an electronic copy of the communications you must have the following equipment and software: (i) A personal computer or other device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements. (ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements. (f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text. (g) You can also contact us via email at help@headspace.com to withdraw your consent to receive any future communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we may terminate your use of the Products. (h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law. 13.8 NOTICES Unless otherwise specifically indicated, all notices given by you to us must be given to Headspace at help@headspace.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee. 13.9 ENTIRE AGREEMENT These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud. 13.10 THIRD PARTY RIGHTS A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms. 13.11 OUR LIABILITY (a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we will not be liable for: (i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control). (ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us. (iii) Any use of websites linked to the Products but operated by third parties. (b) To the extent permitted by law, Headspace and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content, materials and functions related thereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Products. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Products exceed, in the aggregate, the amount, if any, paid by you to Headspace for your use of the Products. 13.12 ARBITRATION PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HEADSPACE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HEADSPACE. (a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Headspace are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. (b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Headspace. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Headspace for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. (c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Headspace. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Headspace. (d) Jury Trial Waiver. You and Headspace waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Headspace elect to have claims and disputes resolved by arbitration. In any litigation between you and Headspace over whether to vacate or enforce an arbitration award, you and Headspace waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. (e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND HEADSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Headspace are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below. (f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Headspace can force the other to arbitrate. To opt-out, you must notify Headspace in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Headspace account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Headspace, Inc., ATTN: Arbitration Opt-out, 2415 Michigan Avenue, Santa Monica, CA 90404; ADR@headspace.com (g) Small Claims Court. Notwithstanding the foregoing, either you or Headspace may bring an individual action in small claims court. (h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Headspace. 13.13 EXCLUSIVE VENUE To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Headspace agree that all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Headspace consent to the personal jurisdiction of both courts. 13.14 CHOICE OF LAW Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims. 13.15 SEVERABILITY If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. These Terms are effective and were last updated on February 28, 2018. Headspace, Inc. is located at 2415 Michigan Avenue, Santa Monica, CA 90404. Headspace Privacy Policy Headspace, Inc. (“Headspace,” “us,” "we," or “our”) is committed to protecting and respecting your privacy in connection with your use of our website, www.headspace.com (the “Website(s)”), applications (“Apps”) and other products, services and features thereof (the Website, the Apps and such other products, services and features are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Headspace). This privacy policy (“Privacy Policy”) and any other documents referred to herein set forth the basis on which any personal information we collect from you, or that you provide to us, in connection with the Products will be processed by us. Please read the following carefully to understand our practices regarding your personal information and how we will collect, use and disclose your personal information. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. 1. INFORMATION WE MAY COLLECT FROM YOU We may collect and process the following information about you: Personal information including, for example, your name, e-mail address, telephone, information about your usage of the Products and information collected by tracking technologies as further described below that may identify you as an individual or allow online or offline contact with you as an individual. Headspace does not collect or process credit or debit card (“Payment Card”) information. Apple and Google collect Payment Card information with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card information with respect to purchases made through the Websites. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve - stored, and your card’s type, expiration date, billing address, and the last four digits of your card number. For individuals using the Products in connection with a Community client account as described in section 6, business information such as your company name, and company email address to the extent that you provide such information Facebook profile information, such as name, email address, and Facebook ID, if you choose to log in to the Products through Facebook. Device Information such as operating system version, device type, and system performance information. Information collected via tracking technologies, as fully described in section 4 If you choose to invite a “Buddy” to use the Products using our Buddy system, we will ask you for their name and email address. We will use this information to invite him or her to join the Products. We store this information for the sole purpose of sending invitations and tracking the success of our Buddy program. If your Buddy would like us to delete his or her information, they can do so by opting-out as described in each invitation or by contacting us at help@headspace.com. If you choose to have your account verified to confirm your status as a U.S. military veteran, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. 2. CONFIDENTIALITY AND SECURITY The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at help@headspace.com. Except as described under the “Disclosure of Your Information” section below, we do not provide your personal information to any third party without your specific consent, as defined by applicable law. 3. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS If you sign up to receive promotional materials from us via email we will use the information you give us to provide the communications you have requested. If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at help@headspace.com, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level. If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply. 4. TRACKING TECHNOLOGIES Headspace and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don't have to provide the same information several times during one task, recognize that you may have already given a username and password so you don't need to do it for every web page requested, and to measure how people are using the Products. We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. We partner with third parties, such as Facebook and Google, to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our website. Our third party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We will acquire consent from you in order to use such trackers for advertising purposes to the extent required by applicable law. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account. We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics. MOBILE ANALYTICS We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application. LOG FILES As true of most websites, we gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting. 5. WHERE WE STORE YOUR PERSONAL INFORMATION All information you provide to us through the Products is stored on our secure servers located in the US. Any payment transactions will be encrypted using SSL technology; all payment information is stored with our payment processor and is never stored on Headspace’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone, and suggest that your change your password frequently. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Products; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. 6. CORPORATE AND OTHER COMMUNITY SHARING There is interest by large consumer communities (companies, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. If you have registered to use the Products through a code or other registration credential furnished by a Community (a “Community Subscription”), the Community will have access to your name and the date you registered to use the Products and will have access to your usage information on an aggregated basis with all other members of the Community that are using the Products. Your Community may also have access to your usage information on an individual basis if you have provided appropriate consent under applicable law for such sharing. For example, many employers are offering incentive programs based on employee participation in health & wellness programs and desire to better understand how each of their individual employees is using the Products. 7. SINGLE SIGN-ON You can log into our Products using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post information about your activities on our Products or to your profile page to share with others within your network. 8. ACCESS TO AND DELETION OF PERSONAL INFORMATION Upon request, Headspace will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please email help@headspace.com. You may access your personal information to modify or update at any time via an online account, or by emailing help@headspace.com. To request the deletion of your personal data that we have on file please email us at help@headspace.com. Upon request, Headspace will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. We will respond to your request in a reasonable timeframe. 9. USES MADE OF THE INFORMATION We use information held about you in the following ways: To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device. To provide you with information, products or services related to Headspace that you will facilitate your engagement with the Products. To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law. To provide you with customer service communications. To carry out our obligations arising from any agreements entered into between you and us. To allow you to participate in interactive features of the Products, when you choose to do so. To notify you about changes to the Products. To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country). To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Websites. To inform your Community about your registration and use of the Products as described under Corporate and Other Community Sharing in section 6 above. To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. Details of transactions you carry out through the Products and of the fulfillment of your Product orders. Details of your visits to and interactions with the Products including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access. If you choose to have your account verified to confirm your status as a U.S. military veteran, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you. We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target. 10. DISCLOSURE OF YOUR INFORMATION We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. We may also disclose your personal information to third parties as follows: In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. An example of this is the SMS Service. In some circumstances, we may disclose the personal information that you have provided to Headspace to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options. If Headspace’s service providers (like hosting, market analytics, and payment service providers) require this information to provide services to Headspace. Headspace requires each of its service providers to agree to maintain the confidentiality and security of your personal information. In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets. If Headspace or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets. If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Headspace, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. With your Community, if your subscription is a Community Subscription, as described under Corporate and Other Community Sharing above. With third parties, such as Facebook, in order to serve Headspace advertisements on such third party platforms, to the extent that you have consented to such practices under applicable law. If you choose to have your account verified to confirm your status as a U.S. military veteran, we may allow a third party platform to access the specific personal information you provide in order to perform the verification. 11. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES To the extent that you have provided appropriate consent under applicable law to certain processing activities, such as use of trackers for the purpose of retargeting activities, such consent can be withdrawn at any time by emailing help@headspace.com. 12. LINKS TO THIRD PARTY SITES The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these external websites. 13. SOCIAL MEDIA WIDGETS Our Products include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it. 14. HEALTHKIT Apple iOS users may opt-in to allow the Products to provide data regarding the amount of minutes meditated to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes. 15. USE OF HEADSPACE BY MINORS You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms. 16. INFORMATION POSTED ON FORUMS Headspace users may have the ability to post content to one or more Headspace forums. All such users may request and obtain removal of such posted content by contacting Headspace at help@headspace.com and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Headspace forum(s). 17. CHANGES TO OUR PRIVACY POLICY We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by in-Product message, email (sent to the e-mail address specified in your account) or by means of a notice in the Products prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. 18. CONTACT AND EEA REGISTERED AGENT Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to help@headspace.com. In the alternative, you may reach Headspace customer support at 855-432-3822. Our registered agent within the European Economic Area is Headspace Meditation Limited, located at WeWork Waterhouse Square, 138 Holborn, London EC1N 2SW. This Privacy Policy is effective and was last updated on May 25, 2018. Headspace’s physical address is 2415 Michigan Avenue, Santa Monica, CA 90404. 19. EU-U.S. and Swiss-U.S. Privacy Shield We participate in and have certified our compliance with the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks. Headspace is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list Headspace is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Headspace complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions. For personal data covered by Privacy Shield, you have the ability to opt-out of whether such personal information is disclosed to a third-party or is to be used for a purpose that is materially different for the purpose for which it was originally collected or subsequently authorized. You can contact Headspace at help@headspace.com in order to make such choices. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Headspace is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Headspace may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Slack User Terms of Service Effective: November 17, 2016 These User Terms of Service (the “User Terms”) govern your access and use of our online workplace productivity tools and platform (the “Services”). Please read them carefully. Even though you are signing onto an existing workspace, these User Terms apply to you —the prospective user reading these words. We are grateful you’re here. First things First These User Terms are Legally Binding These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. “We”, “our” and “us” currently refers to the applicable Slack entity in the Contract (defined below). Customer’s Choices and Instructions You are an Authorized User on a Workspace Controlled by a “Customer” An organization or other third party that we refer to in these User Terms as “Customer” has invited you to a workspace (i.e., a unique URL where a group of users may access the Services, as further described in our Help Center pages). If you are joining one of your employer’s workspaces, for example, Customer is your employer. If you are joining a workspace created by your friend using her personal email address to work on her new startup idea, she is our Customer and she is authorizing you to join her workspace. What This Means for You—and for Us Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to create and configure a workspace so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its workspace(s). When an Authorized User (including, you) submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign workspaces, share channels, or consolidate your workspace or channels with other workspaces or channels, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. Please check out our Help Center pages for more detail on our different Service plans and the options available to Customer. The Relationship Between You, Customer and Us AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. SLACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “ AS AVAILABLE” BASIS. A Few Ground Rules You Must be Over the Age of 16 The Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the age of 16 and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age. While You Are Here, You Must Follow the Rules To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to Customer and us. You Are Here At the Pleasure of Customer (and Us) These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy. Limitation of Liability If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. Application of Consumer Law Slack is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term. Survival The sections titled “The Relationship Between You, Customer, and Us”, “Limitation of Liability”, and “Survival”, and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms. General Provisions Email and Slack Messages Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g., a slackbot notification). Notices to Slack should be sent to feedback@slack.com, except for legal notices, which must be sent to legal@slack.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement. Privacy Policy Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products. Modifications As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions. Waiver No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver. Severability The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect. Assignment You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Governing Law; Venue; Waiver of Jury Trial; Fees The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the User Terms. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Entire Agreement The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding. Contacting Slack Please also feel free to contact us if you have any questions about Slack’s User Terms of Service. You may contact us at feedback@slack.com or at our mailing address below: Slack Technologies, Inc. 500 Howard Street San Francisco, CA 94105 United States Slack Privacy Policy Effective: April 20, 2018 This Privacy Policy describes how Slack collects, uses and discloses information, and what choices you have with respect to the information. Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by: organizing it into the sections listed in the Table of Contents below, providing a series of examples that help illustrate how the policies may be implemented by Slack and defining and capitalizing a few terms that are used more than once for simplicity and brevity. When we refer to “Slack”, we mean the Slack entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below. Table of Contents: Applicability of this Privacy Policy Information We Collect and Receive How We Use Information Data Retention How We Share and Disclose Information Security Age Limitations Changes to this Privacy Policy International Data Transfers: Privacy Shield and Contractual Terms Data Protection Officer Identifying the Data Controller and Processor Your Rights Data Protection Authority Contacting Slack Applicability Of This Privacy Policy This Privacy Policy applies to Slack’s online workplace productivity tools and platform, including the associated Slack mobile and desktop applications (collectively, the “Services”), Slack.com and other Slack websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Slack. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Slack’s business. This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Slack platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services (their “Workspace”) and any associated Customer Data. If you have any questions about specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you have an account, you can check http://slack.com/account/team for contact information of your Workspace owner(s) and administrator(s). If you have received an invitation to join a Workspace but have not yet created an account, you should request assistance from the Customer that sent the invitation. Information We Collect And Receive Slack may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways: Customer Data. Customers or individuals granted access to a Workspace by a Customer (“Authorized Users”) routinely submit Customer Data to Slack when using the Services. Other Information. Slack also collects, generates and/or receives Other Information: Workspace and Account Information. To create or update a Workspace account, you or your Customer (e.g., your employer) supply Slack with an email address, phone number, password, domain and/or similar account details. For details on Workspace creation, click here. In addition, Customers that purchase a paid version of the Services provide Slack (or its payment processors) with billing details such as credit card information, banking information and/or a billing address. Usage Information. Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Slack logs the Workspaces, channels, people, features, content and links you interact with, the types of files shared and what Third Party Services are used (if any). Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data. Device information. Slack collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings. Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Slack may also collect location information from devices in accordance with the consent process provided by your device. Cookie Information. Slack uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy. Third Party Services. Customer can choose to permit or restrict Third Party Services for their Workspace. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Workspace. Once enabled, the provider of a Third Party Service may share certain information with Slack. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Slack to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Slack. When a Third Party Service is enabled, Slack is authorized to connect and access Other Information made available to Slack in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services. For more information on Third Party Services, click here. Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services. Third Party Data. Slack may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed. Additional Information Provided to Slack. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Slack. Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Workspace setup details, is not provided, we may be unable to provide the Services. How We Use Information Customer Data will be used by Slack in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Slack is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services. Slack uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Slack uses Other Information: To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities or at an Authorized User’s request. As required by applicable law, legal process or regulation. To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond. To develop and provide search, learning and productivity tools and additional features. Slack tries to make the Services as useful as possible for specific Workspaces and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products. To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Slack. These are marketing messages so you can control whether you receive them. For billing, account management and other administrative matters. Slack may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments. To investigate and help prevent security issues and abuse. If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Slack may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.” Data Retention Slack will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings and apply those customized settings at the Workspace level, channel level or other level. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please review the Help Center or contact Customer. Slack may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Slack to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements. How We Share And Disclose Information This section describes how Slack may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Slack does not control how they or any other third parties choose to share or disclose Information. Customer’s Instructions. Slack will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process. Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Workspaces. For example, an Authorized User’s email address may be displayed with their Workspace profile. Please consult the Help Center for more information on Services functionality. Collaborating with Others. The Services provide different ways for Authorized Users working in independent Workspaces to collaborate, such as shared channels. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other Workspace(s). Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Workspace activity, or accessing or modifying your profile details. For information about your Workspace settings, please see https://slack.com/account/settings. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the subprocessors we use to support delivery of our Services is set forth at Slack Subprocessors. Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Slack may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Slack and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions. Corporate Affiliates. Slack may share Other Information with its corporate affiliates, parents and/or subsidiaries. During a Change to Slack’s Business. If Slack engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Slack’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Slack customer the average amount of time spent within a typical Workspace. To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how Slack responds to requests to disclose data from government agencies and other sources. To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Slack or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues. With Consent. Slack may share Other Information with third parties when we have consent to do so. Security Slack takes security of data very seriously. Slack works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. Slack has received internationally recognized security certifications for ISO 27001 (information security management system) and ISO 27018 (for protecting personal data in the cloud). To learn more about current practices and policies regarding security and confidentiality of the Services, please see our Security Practices. Given the nature of communications and information processing technology, Slack cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others. Age Limitations To the extent prohibited by applicable law, Slack does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will takes steps to delete such information. Changes To This Privacy Policy Slack may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Slack will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control. International Data Transfers Privacy Shield And Contractual Terms Slack may transfer your Personal Data to countries other than the one in which you live. We deploy the following safeguards if Slack transfers Personal Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law: E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield. To comply with European Union and Swiss data protection laws, Slack Technologies, Inc. (“Slack US”) self-certified under the E.U.-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.These frameworks were developed to enable companies to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States. For more information, including the types of Information covered, see Slack US’s Privacy Shield Notice. To learn more about the Privacy Shield Program, please see http://www.privacyshield.gov/welcome. European Union Model Clauses. Slack offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data. A copy of our standard data processing addendum, incorporating Model Clauses, is available here. Data Protection Officer To communicate with our Data Protection Officer, please email dpo@slack.com. Identifying The Data Controller And Processor Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Slack is the processor of Customer Data and the controller of Other Information. Different Slack entities provide the Services in different parts of the world. Slack Technologies Limited, an Irish company based in Dublin, Ireland, is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Workspaces established for Customers outside of the U.S. and Canada. Slack Technologies, Inc., a US company based in San Francisco, California is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Workspaces established for Customers in the US and Canada. Your Rights Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact Customer for additional access and assistance. Please check https://slack.com/account/settings for Customer contact information. To the extent that Slack’s processing of your Personal Data is subject to the General Data Protection Regulation, Slack relies on its legitimate interests, described above, to process your data. Slack may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Slack’s use of your Personal Data for this purpose at any time. Data Protection Authority Subject to applicable law, you also have the right to (i) restrict Slack’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Irish Data Protection Commissioner, which is Slack’s lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority: Irish Data Protection Commissioner Office of the Data Protection Commissioner Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland Phone +353 57 868 4757 Fax: +353 57 868 4757 Email: info@dataprotection.ie Contacting Slack Please also feel free to contact Slack if you have any questions about this Privacy Policy or Slack’s practices, or if you are seeking to exercise any of your statutory rights. You may contact us at feedback@slack.com or at our mailing address below: For Customers and Authorized Users who use Workspaces established for Customers in the US and Canada: Slack Technologies 500 Howard Street San Francisco, CA 94105 USA or For Customers and Authorized Users who use Workspaces established for Customers outside the US and Canada: Slack Technologies Limited 4th Floor, One Park Place Hatch Street Upper Dublin 2, Ireland Slack Cookie Policy At Slack, we believe in being transparent about how we collect and use data. This policy provides information about how and when we use cookies for these purposes. Capitalized terms used in this policy but not defined have the meaning set forth in our Privacy Policy, which also includes additional details about the collection and use of information at Slack. What is a cookie? Cookies are small text files sent by us to your computer or mobile device. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. To find out more about cookies, visit this site. Does Slack use cookies? Yes. Slack uses cookies and similar technologies like single-pixel gifs and web beacons. We use both session-based and persistent cookies. Slack sets and accesses our own cookies on the domains operated by Slack and its corporate affiliates (collectively, the “Sites”). In addition, we use third party cookies, like Google Analytics. How is Slack using cookies? Some cookies are associated with your account and personal information in order to remember that you are logged in and which workspaces you are logged into. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things. Cookies can be used to recognize you when you visit a Site or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure. Categories of Use Description Authentication If you're signed in to our Services, cookies help us show you the right information and personalize your experience. Security We use cookies to enable and support our security features, and to help us detect malicious activity. Preferences, features and services Cookies can tell us which language you prefer and what your communications preferences are. They can help you fill out forms on our Sites more easily. They also provide you with features, insights, and customized content. Marketing We may use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies. We may use cookies to help us deliver marketing campaigns and track their performance (e.g., a user visited our Help Center and then made a purchase). Similarly, our partners may use cookies to provide us with information about your interactions with their services, but use of those third-party cookies would be subject to the service provider’s policies. Performance, Analytics and Research Cookies help us learn how well our Sites and Services perform. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Sites and Services from different devices, such as your work computer or your mobile device. How are cookies used for advertising purposes? Cookies and other ad technology such as beacons, pixels, and tags help us market more effectively to users that we and our partners believe may be interested in Slack. They also help provide us with aggregated auditing, research, and reporting, and know when content has been shown to you. What can you do if you don't want cookies to be set or want them to be removed, or if you want to opt out of interest-based targeting? Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. In some browsers you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. What this means is that you can disallow cookies from all sites except those that you trust. Browser manufacturers provide help pages relating to cookie management in their products. Please see below for more information. 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Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites or Services, and we do not alter any of our data collection and use practices upon receipt of such a signal. WinZip License Evaluation Version WinZip® Mac 6.0 Copyright © 2017 by Corel Corporation
All rights reserved. WinZip License
Evaluation Version Your Agreement to this License This License only applies to the executable code for the English-language version of the WinZip 6 software and any accompanying distributable files, data and materials ("WinZip"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting WinZip without registering your copy of WinZip, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.WinZip.com for information about pricing, multi-user licensing, and registration options. For registered copies of WinZip the WinZip features you are allowed to access will depend on the registration code you have been given based on your licensed version of WinZip. Refer to the documentation provided with your license which identifies your licensed version of WinZip. For a complete description of the features available with each version of WinZip, refer to www.winzip.com. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit WinZip. Scope of License This is not free software. Subject to the terms below, you are hereby licensed by Corel Corporation and WinZip Computing LLC (collectively "WinZip Computing" and/or "WinZip") to use for evaluation purposes only one (1) copy of WinZip, on one (1) computer or workstation, without charge, for a period of 45 days after you first install WinZip on any computer or workstation. If you want to use this software after the 45-day evaluation period, you must acquire from WinZip Computing for a fee a single-user license or multi-user license for WinZip. Refer to www.winzip.com for information about Standard license pricing, multi-user licensing, and ordering options. Use of WinZip after the expiration of the 45-day evaluation period without acquiring such a license from WinZip Computing is outside the scope of this License and a violation of U.S. and international copyright laws. Subject to all of the terms of this License, you may, without making any payment to WinZip Computing: 1. give exact copies of WinZip personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails); 2. distribute exact copies of WinZip for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and 3. make as many exact copies of WinZip as you wish, for purposes of distribution as described in (a) and (b) above. For purposes of the foregoing, an "exact copy" of WinZip means a file that is identical, at the time you create the copy, to the WinZip distribution file available at http://www.winzip.com. You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from WinZip Computing. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of WinZip. WinZip Computing reserves the right to revoke any or all distribution rights at any time, for any or no reason. All rights of any kind in WinZip which are not expressly granted in this License are entirely and exclusively reserved to and by WinZip Computing. You may use WinZip solely as expressly provided in this License. WinZip is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, WinZip, in whole or in part, nor permit anyone else to do so. You may not make access to WinZip available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of WinZip. WinZip includes a user selectable feature to check for software updates. By selecting the option to check for updates automatically, or manually invoking the feature, you are consenting to allow WinZip Computing to download and install updated non-executable files (such as screen files) to your computer without further notice. Before WinZip downloads and installs any updated executable files, WinZip will request your express consent. Warranty Disclaimers and Liability Limitations WinZip, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither WinZip Computing nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, WinZip. Neither WinZip Computing nor any of its affiliates or licensors warrants that the operation of WinZip will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including WinZip, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of WinZip covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, WinZip Computing, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, WinZip. Any liability of WinZip Computing, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to WinZip Computing. Except to the extent expressly prohibited by applicable statutes, in no event shall WinZip Computing, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of WinZip, or to your relationship with WinZip Computing, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does WinZip Computing authorize you or anyone else to use WinZip in applications or systems where WinZip's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold WinZip Computing, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use. U.S. Government End Users WinZip is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire WinZip and any related documentation with only those rights set forth in this License. Export Restrictions WinZip is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license WinZip. By accepting this License, you warrant and represent to WinZip Computing that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export WinZip to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges. Termination Immediately upon expiration of the 45-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of WinZip and you shall within ten (10) days delete from your computer(s) all electronic copies of WinZip, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect. Indemnification At your own expense, you shall indemnify, defend, and hold harmless WinZip Computing, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys' fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of WinZip other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns. General WinZip, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in WinZip, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by WinZip Computing, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of WinZip Computing and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. This License shall be governed by the laws of the State of Connecticut, without regard to Connecticut choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts and fora located in the State of Connecticut, and you consent to such jurisdiction and venue. There are no third-party beneficiaries of any promises, obligations, or representations made by WinZip Computing herein. Any waiver by WinZip Computing of any violation of this License by you shall not constitute, nor contribute to, a waiver by WinZip Computing of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, WinZip Computing or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available WinZip Computing or any of its affiliates under this License, at law or in equity. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby. This software is property of Corel Corporation and its licensors and is protected by Copyright. Any reproduction in whole or in part is strictly prohibited. WinZip and the WinZip logo are trademarks or registered trademarks of Corel Corporation. This product includes intellectual property (including trademarks) owned, registered and/or licensed by/from respective third parties. Use of this product is subject to the acceptance of the license agreements included in this software. MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT XML CORE SERVICES (MSXML) 4.0 SERVICE PACK 3 MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT XML CORE SERVICES (MSXML) 4.0 SERVICE PACK 3 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. The software is “Distributable Code” that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. • Distributable Code. You may copy and distribute the object code form of the Distributable Code. You may not modify the Distributable Code and your programs must include a complete copy of the Distributable Code, including set-up. • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows platform; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. 7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 10. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 12. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. END-USER LICENSE AGREEMENT FOR “AGE OF MYTHOLOGY®— ADDITIONAL CONTENT FILES” IMPORTANT—READ CAREFULLY: This Microsoft End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). The SOFTWARE PRODUCT may only be used in conjunction with Microsoft’s “Age of Mythology” computer game. By accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the SOFTWARE PRODUCT. Software PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following rights:  Applications Software. You may only install, access, and run (“RUN”) one copy of the SOFTWARE PRODUCT, for the same operating system, on a single personal computer, (“COMPUTER”) for your personal, noncommercial use and solely in conjunction with Microsoft’s “Age of Mythology” computer game. If not prevented by copy protection technology, the primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive and personal noncommercial use on a portable computer solely in conjunction with Microsoft’s “Age of Mythology” computer game. Editors. f the SOFTWARE PRODUCT contains a software Editor, or a software Editor is made available to you by Microsoft for use with the SOFTWARE PRODUCT, you may use the Editor only in conjunction with that content specifically identified in the documentation for use with the Editor. If no content files are identified, you may not use content or other files from the SOFTWARE PRODUCT with the Editor. You may reproduce and share files or scripts created with the Editor with friends or family on a non-commercial basis only. Microsoft does not grant you the right to sell or otherwise distribute files from the SOFTWARE PRODUCT in exchange for value.  Storage/Network Use. If not prevented by copy protection technology, you may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to RUN the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.  Reservation of Rights. All rights not expressly granted are reserved by Microsoft. 2. MULTIPLAYER PLAY. This SOFTWARE PRODUCT may contain features that allow you to play the SOFTWARE PRODUCT with other players over a network or the Internet (“Multiplayer Play”). By using such features or otherwise engaging in Multiplayer Play, you agree that Microsoft or its agents may generate, store and transmit certain information that identifies your COMPUTER to other computers for purposes of Multiplayer Play. You also agree that the SOFTWARE PRODUCT may continue to generate, store and transmit such game information as necessary while engaged in Multiplayer Play. You agree that Multiplayer Play is not supervised or otherwise under the control of Microsoft or its agents. You acknowledge and agree that Microsoft and its agents have no control over or responsibility for your experience while engaged in Multiplayer Play, or any content or other information or data you may create, encounter or receive, including chat, while you are engaged in Multiplayer Play. You acknowledge and agree that Multiplayer Play may not be consistently available or operate error free, and that Multiplayer Play may be discontinued by Microsoft or its agents at any time without notice to you. 3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  Not for Resale Software. If the SOFTWARE PRODUCT is labeled “Not For Resale” or “NFR,” then, notwithstanding other sections of this EULA, your use of the SOFTWARE PRODUCT is limited to use for demonstration, test, or evaluation purposes and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.  Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.  Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.  Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.  Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT (“Support Services”). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in “online” documentation, and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.  Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT.  Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. 4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one COMPUTER. 5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 6. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT. 7. COPY PROTECTION. The SOFTWARE PRODUCT may require the original media for use of the SOFTWARE PRODUCT on the COMPUTER and/or employ copy protection technology to prevent the unauthorized copying of the SOFTWARE PRODUCT. It is illegal to make unauthorized copies of the SOFTWARE PRODUCT or circumvent any copy protection technology employed in the SOFTWARE PRODUCT. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 9. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/. MISCELLANEOUS This EULA is governed by the laws of the State of Washington. DISCLAIMER OF WARRANTY NO WARRANTIES. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind. Microsoft and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Microsoft has been advised of the possibility of such damages. In any case, Microsoft’s entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. Mood Prism User Information Sheet Project: Monitoring emotional wellbeing via a mobile phone app Nikki Rickard Department of Psychological Sciences email: nikki.rickard@monash.edu You are invited to take part in this study. Please read this Explanatory Statement in full before deciding whether or not to participate in this research. If you would like further information regarding any aspect of this project, you are encouraged to contact the researcher via the email address listed above. What does the research involve? The aim of this study is to explore whether people’s mobile phone behaviours can help us understand or predict their emotional well-being. If you agree to be in this study, you will be asked to: (1) Download the “MoodPrism” app on your smartphone, and leave the app on during the 1 month research period (2) Give permission to the researchers to automatically access your mobile phone behaviours (anonymous). The type of data that you will be asked to give researchers access to will include your music use details (e.g., artists and songs, time you listen), social networking information (e.g., which apps you use and for how long, your friend network size, and some anonymous content) and your activity levels and locations. All this information will only be stored ANONYMOUSLY (without any way of linking it to you). (3) The app will ask you to complete a set of surveys at the start and end of the 1 month. These surveys will take about an hour in total to complete, but can be broken up and completed at a few different times if you wish. The end surveys will only take about 20 minutes. (4) The app will also ask you to answer quick questions (less than 5 minutes each) including a voice recording when prompted at different times on most days during that 1 month (5) The app will also deliver some mental health messages to you. This will include information about your moods (which you can access at any time), whether you are flourishing, and after 2 weeks, information about depression and anxiety levels from mental health organizations such as Beyond Blue and Headspace. Why were you chosen for this research? We are interested in how people’s emotional health (both good and poor) might be reflected in their use of mobile phones. We are therefore seeking all sorts of people (e.g., males and females, living in the country or city, who might be feeling emotionally healthy or might not be feeling that healthy). This invitation is being sent openly through websites and other means, and is a call for anonymous participation in this research. Please note that you will not be able to participate in this research if you: • Are currently taking any psychotropic medication (e.g., antidepressants, or anti-anxiety drugs) • do not own your own smartphone Consenting to participate in the project and withdrawing from the research After reading this, the app will ask you whether you want to be in the research. By clicking on the “Yes” button, you are consenting to being involved in the research and give permission for the researchers to access your mobile phone behaviours during the research (for 1 month). If you decide during the research that you no longer want to participate, you can withdraw from it at any time. The data already collected will already have been sent to us, and as it is not linked to your name in any way, we will not be able to find and withdraw that data. Possible benefits and risks to participants Being involved in this research has a number of benefits for you: (1) You can enter a draw for one of four $AU100 gift cards. Everyone who agrees to be part of this research and completes just 7 days will go into the prize draw. For every week you complete after that, you will be awarded another entry in this draw, and if you complete the final surveys you will receive double entries to the prize draw. The prizes will be drawn in January 2017, and winners will be notified via a push notification on their device. At that time they will be invited to contact the researchers to receive their prize. (2) You will receive messages from experts about emotional health. These might include suggestions for improving your emotional wellbeing, or perhaps some suggestions for what you might do if you’re feeling down a lot or stressed a lot. (3) You will be helping us understand how mobile phones might be used to improve emotional wellbeing of young people like yourself. Being involved in the research will however involve some regular time from you over this month, and this could be inconvenient at times. Some of the questions we ask are also personal, and about your emotions or mental health – these could cause some upset or concern. We recommend that if you do feel any distress or concern when you are involved in this research, that you contact your doctor or school/university or work’s welfare officer to discuss this, or seek help from help services such as: Confidentiality All information we collect from the app about you will be stored anonymously (without your name) on our secure and private servers. We will be publishing results of our study but these will there will be no way anyone could identify you and your individual information when we do this. The only time we will ask for a name and contact details is if you wish to go into the draw to win one of the $AU100 gift cards for being involved in the research. However, your details will be kept totally separate from the other information about you collected by the app, and the two could never be linked. Storage and use of data During data collection, data will be stored confidentially on a secure storage site behind a firewall. Only the research team will be able to access the server, via SSH (encrypted tunnel). All communications with the server will be via HTTPS. Your information may also be used for future research projects by the researchers, but again only anonymously and as group data. Results If you are interested in finding out the results of this study, you can contact us at the end of 2017, when all data will have been analysed. Please contact nikki.rickard@monash.edu, and you will be advised where you can access our findings. Complaints Should you have any concerns or complaints about the conduct of the project, you are welcome to contact the Executive Officer, Monash University Human Research Ethics (MUHREC): Executive Officer Monash University Human Research Ethics Committee (MUHREC) Room 111, Building 3e Research Office Monash University VIC 3800 Tel: +61 3 9905 2052 Email: muhrec@monash.edu Fax: +61 3 9905 3831 Thank you, Associa GitLab User Agreement As part of my use of GitLab.com, I acknowledge that the use of my information will be processed in accordance with the agreed GitLab Privacy Policy and Terms of Service. By clicking Accept terms, I am hereby providing consent to this use and agree to all of the terms and conditions.` (For GitLab Contributors Only) As part of my voluntary contribution to any GitLab project, I acknowledge and agree that my name and email address will become embedded and part of the code, which may be publicly available. 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Within such ten (10) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via videoconference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such ten (10) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise. Arbitration Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, which has not been resolved via the process laid out in Dispute resolution will then be referred to and finally determined by arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Utrecht or Amsterdam, The Netherlands. The arbitral procedure shall be conducted in the English language. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Governing law This Agreement shall be governed by and interpreted in accordance with the laws of the Netherlands. GitLab Privacy Policy This privacy policy (“Privacy Policy”) applies to all visitors and users of the GitLab.com hosted services and websites (collectively, the “Website” or “Websites”), which are offered by GitLab B.V. and/or any of its affiliates (“GitLab” or “we” or “us”). Self-hosted GitLab instances are not included in the definition of Website. Please read this Privacy Policy carefully. By accessing or using any part of the Websites, you acknowledge you have been informed of and consent to our practices with regard to your personal information and data. GitLab is an open source project and collaborative community, as well as a company. This means that many portions of our Websites, including information you voluntarily provide, will be public-facing for the open sharing of innovative developments, ideas, and information that makes our collaborative community so great. While we are committed to open sharing, we strive to respect the privacy of individual community members and will minimize the information we collect and share. If you do not want to share your information, including personally identifiable information, with other community members and the public, please be thoughtful as to how you interact with our Websites and what information you provide through the Websites (for example, through creating a public profile, project contributions, comments, and blog posts). What Information GitLab Collects and Why Information from Website Visitors Like most website operators, GitLab collects basic non-personally-identifying information from Website visitors of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. We collect this information to better understand how visitors use the Website, to improve our Websites and experience for visitors, and to monitor security of the Websites. From time to time, GitLab may publicly release non-personally-identifying information collected from Website visitors in the aggregate, e.g., by publishing a report on trends in the usage of the Website. GitLab also collects potentially personally-identifying information like Internet Protocol (IP) addresses from visitors. GitLab does not use such information to identify or track individual visitors, however. We collect this information to understand how visitors use the Websites, to improve performance and content, and to monitor security of the Websites. GitLab may collect statistics about the behavior of visitors to our Websites. For instance, GitLab may reveal how many downloads a particular version got using aggregated statistics that contain anonymous user information only. Usage Data Information from Self-hosted GitLab Instances GitLab collects information about usage from each self-hosted GitLab instance (Community Edition and Enterprise Edition) through a usage ping. The usage ping sends a payload containing data such as total number of projects and pipelines, as well as license information and hostname to GitLab. Only aggregates of usage data is sent: no project names or other content is sent to GitLab. You can view the exact payload of the usage ping in the administration panel in GitLab. Here you can also opt-out of the usage ping. You can read more about the usage ping in the documentation. Personally-Identifying Information Users of the Websites may choose to interact with GitLab in ways that provide us with their personally-identifying information. The amount and type of information that GitLab gathers depends on the nature of your interaction with us, as well as the amount of information you choose to share. For example, we ask visitors who use our blog forums to provide a username and email address to identify them on the Website. We will also collect the information you provide with us in connection with creating an account on the Website. Profile information is shared publicly, as well as activity under your profile and the date your profile was created. If you report a security vulnerability to GitLab and request public acknowledgement, then we may publicly disclose the personal information you provided to us in connection with the report, including your name to fulfill your request for acknowledgement. In each case, GitLab collects such personally-identifiable information only insofar as is necessary or appropriate to fulfill the purpose of the user’s interaction with or request of GitLab. We will not disclose personally-identifying information other than as described in this Privacy Policy. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent you from engaging in certain Website-related activities or being able to access and use certain features and services. Information GitLab Does Not Collect GitLab does not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although GitLab does not request or intentionally collect any sensitive personal information, we realize that users might store this kind of information in a Gitlab repository. If you store any sensitive personal information on GitLab’s servers, you are consenting to our storage of that information on our servers, which are located in the United States. If you're a child under the age of 13, you may not have an account on the Website. GitLab does not knowingly collect information from or direct any of our Website or content specifically to children under 13. If we learn or have reason to suspect that a user is under the age of 13, we will close the child’s account. Bases for Processing Your Information Performance of a contract. The use of your information may be necessary to perform the contract that you have with us. For example, if you use our Websites to purchase GitLab product subscriptions or services, contribute to a project, create a profile, post and comment through our Websites, or request information through our Websites, we will use your information to carry out our obligation to complete and administer that contract or request. Legitimate interests. We use your information for our legitimate interests, such as to provide you with the best content through our Websites and communications with users and the public, to improve and promote our products and services, and for administrative, security, fraud prevention and legal purposes. Consent. We may rely on your consent to use your personal information for certain direct marketing purposes, such as sending you newsletter updates about GitLab products. You may withdraw your consent at any time through the unsubscribe feature provided with each marketing email or by contacting us at the addresses given at the end of this Privacy Policy. How GitLab Uses and Protects Personally-Identifying Information Sharing Your Information GitLab only discloses potentially personally-identifying and personally-identifying information to those of its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on GitLab's behalf or to provide services available on the Website, and (ii) that have agreed not to disclose it to others. GitLab will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, GitLab discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when GitLab believes in good faith that disclosure is reasonably necessary to protect the property or rights of GitLab, third parties, or the public at large. GitLab takes measures reasonably necessary to protect against the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information. International Transfer of Information The Website is hosted in the United States and information we collect will be stored and processed on our servers in the United States. Our employees, contractors and affiliated organizations that process information for us as described above may be located in the United States or in other countries outside of your home country; by using the Website, you consent to the international transfer of your information by GitLab. GitLab Communications with You If you are a registered user of the Websites and have supplied your email address, GitLab may occasionally send you an email to tell you about security, system information, new features, solicit your feedback, or just keep you up to date with what's going on with GitLab and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. We will only send mass marketing emails with your affirmative consent. There's an unsubscribe link located at the bottom of each of the marketing emails we send you so you can stop receiving such emails at any time. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish your request in order to help us clarify or respond to your request or to help us support other users. We will not publish your personally-identifiable information in connection with your request. Cookies, Tracking Technologies and Do Not Track Cookies A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. GitLab uses cookies to help GitLab identify and track visitors, their usage of the Websites, and their Website access preferences. GitLab visitors who do not wish to have cookies placed on their computers may set their browsers to refuse cookies before using the Websites. Disabling browser cookies may cause certain features of GitLab's websites to not function properly. Certain pages on the Website may set other third party cookies. For example, we may embed content, such as videos, from another site that sets a cookie. These sites set their own cookies and we do not have access or control over these cookies. The use of cookies by third parties is not covered by our Privacy Policy. Tracking Technologies We use third party tracking services, but we don’t use these services to track you individually or collect your personally identifiable-information. We use these services to collect information about how the Website performs and how users navigate through and use the Website so we can monitor and improve our content and Website performance. Third party tracking services gather certain simple, non-personally identifying information over time, such as your IP address, browser type, internet service provider, referring and exit pages, timestamp, and similar data about your use of the Website. We do not link this information to any of your personal information such as your user name. Do Not Track "Do Not Track" is a privacy preference you can set in your browser if you do not want online services to collect and share certain kinds of information about your online activity from third party tracking services. GitLab does not track your online browsing activity on other online services over time and we do not permit third-party services to track your activity on our site beyond our basic tracking, which you may opt out of. Because we do not share this kind of data with third party services or permit this kind of third party data collection for any of our users, and we do not track our users on third-party websites ourselves, we do not need to respond differently to an individual browser's Do Not Track setting. Global Privacy Practices Information we collect will be stored and processed in the United States in accordance with this Privacy Policy but we understand that users from other countries may have different expectations and rights with regard to their privacy. For all Website visitors and users, no matter their country of location, we will: provide clear methods of unambiguous, informed consent when we do collect your personal information; only collect the minimum amount of personal data necessary for the purpose it is collected for, unless you choose to provide us more; offer you simple methods of accessing, correcting, or deleting your information that we have collected, with the exception of information you voluntarily provide that is necessary to retain as is for the integrity of our project code as described further below; and provide Website users notice, choice, accountability, security, and access, and we limit the purpose for processing. We also provide our users a method of recourse and enforcement. If you are located in the European Union, you are entitled to the following rights with regard to your personal information and data: Right of access to your personal data, to know what information about you we hold Right to correct any incorrect or incomplete personal data about yourself that we hold Right to restrict/suspend our processing of your personal data Right to complain to a supervisory authority if you believe your privacy rights are being violated Additional rights that may apply to you in certain instances: Right of data portability (if our processing is based on consent and automated means) Right to withdraw consent at any time (if processing is based on consent) Right to object to processing (if processing is based on legitimate interests) Right to object to processing of personal data for direct marketing purposes Right of erasure of your personal data from our system (“right to be forgotten”) if certain grounds are met To exercise your privacy rights, you can email us at the address given below in the ‘Contacting GitLab About Your Privacy’ section of this Privacy Policy. Data Retention and Deletion If you already have an account on the Websites, you may access, update, alter, or delete your basic user profile information by logging into your account and updating profile settings. GitLab will retain your information for as long as your account is active or as needed to perform our contractual obligations, provide you services through the Website, to comply with legal obligations, resolve disputes, preserve legal rights, or enforce our agreements. We will delete inactive accounts after a period of twelve (12) months. We will also erase information once it is no longer necessary to fulfill the purposes for which it was collected and processed. Please note that due to the open source nature of our products, services, and community, we may retain limited personally-identifiable information indefinitely. For example, if you provide your information in connection with a blog post or comment, we may display that information even if you have deleted your account as we do not automatically delete community posts. Also, as described in our Terms of Use, if you contribute to a GitLab project and provide your personal information in connection with that contribution, that information (including your name) will be embedded and publicly displayed with your contribution and we will not be able to delete or erase it because doing so would break the project code. Contacting GitLab About Your Privacy If you have questions or concerns about the way we are handling your information, or would like to exercise your privacy rights, please email us with the subject line "Privacy Concern" at GitLab Legal. We will respond within 30 days of receiving your message at the latest but please note for promptest response, we recommend emailing us. Privacy Policy Changes Although most changes are likely to be minor, GitLab may change its privacy policy from time to time, and in GitLab's sole discretion. We will provide notification to users who have provided us email addresses of material changes to this Privacy Policy through our Website prior to the change taking effect by posting a notice on our home page or sending email to the email address specified in your account. GitLab encourages visitors to frequently check this page for any minor changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change. This Privacy Policy was updated May 11, 2018. JetBrains Privacy Policy Last updated: 14th March 2016 This Policy may be amended from time to time. The respective latest version of the policy at the point of time of the purchase/registration of a JetBrains Software Product (whichever occurs later) shall apply. The data controller is JetBrains s.r.o., Praha 4, Na hřebenech II 1718/10, PSČ 140 00, Česká republika In this Privacy Policy, we describe the type of data, including personal data (collectively, “data”), that we collect from you when you use our Website (listed under JetBrains WebSite) and certain JetBrains products and services as described in this Privacy Policy (collectively, our “services”) and how we use and disclose that data. The following definitions will be used throughout this Privacy Policy. Definitions Why We Collect Data What We Collect Cookies and Other Tracking Technologies Location of Your Information Data retention, withdrawal of approval, access to data Changes to this Policy Reaching out Definitions JetBrains Software Product: Any software product written by JetBrains and licensed under JetBrains’ Terms of Use, EXCLUDING software that can be used by JetBrains’ software products but is not created by JetBrains. This may include, but not be limited to, code that extends the functionality of a JetBrains software product (e.g., a “plugin.”). Any such code is governed by its own terms and conditions and privacy policy. JetBrains Downloadable Software Product: Any JetBrains Software Product that can be downloaded and installed on a machine. JetBrains Software as a Service: Any JetBrains Software Product that is offered as a hosted solution, where the software is installed and maintained by JetBrains and provided to you as a service. JetBrains Website: Any website that is the property of JetBrains, including but not limited to everything hosted under the top-level domains jetbrains.com, jetbrains.net, jetbrains.org, jetbrains.ru, kotl.in, and kotlinlang.org. JetBrains Account: An account created and stored on JetBrains Servers which contains your first name, last name and email. It is accessed via a username and password. Why We Collect Data We collect data for various reasons, such as: To provide you with software, services or information. We may collect data that identifies you as an individual or company, which is required to provide you with the software, support, and services that you have requested. To receive the software, support and services, you explicitly fill in the data, whether you purchase a JetBrains Downloadable Software Product, purchase JetBrains Software as a Service, use our support forums, sign up for a JetBrains Account, register for a webinar, participate in a survey, and/or subscribe to receive marketing and/or technical information and content. We may use third-party service providers to assist us in provisioning our services to you or in our operations. For example, we may use third party service providers to provide data storage and backup services. To check for license validation and updates. Some JetBrains Downloadable Software Products regularly check for software updates and/or license validation. To improve our offerings based on usage. We collect data based on your use of our products and services, and we do not associate this data with your name. We use this data to better understand usage patterns of our products and behavior of our collective audience. At times we may share this information in aggregated anonymous form with third parties. Collection of data based on your use of JetBrains Downloadable Software Products is done only if you permit it. To promote and market our products. We may use feedback that you provide voluntarily on our products or services. As permitted by applicable law, we may use this in the form of quotes or in other ways in accordance with the JetBrains Terms of Use. We also may use data that we collect and aggregate to assist us in determining appropriate marketing and advertising for our products and services. In doing so, we may share aggregate data with third parties to assist us with these efforts. We also may use third party service providers to assist us with our email marketing; in that case, the third party service provider will have access to your email address, your name, and other information necessary to engage in the marketing. To provide technical support. We may need to ask you for data to process your support request, especially if it requires accessing your account or other data that you already have provided to us. We may have to access and/or request a failure code, which may contain personal data of the user who reported the failure. You hereby expressly consent to the collection and storage of this data. As required by law. We may use and disclose your personal data where required by law, such as in response to a court order, valid subpoena, or other legal process. To protect our rights and interests and the rights and interests of other users. We may use and disclose your personal data where we believe, in our sole judgment, that it is appropriate to do so to protect our rights and interests and the rights and interests of other users of JetBrains Software Products or services, or where we believe there has been a violation of this privacy policy that could affect the interests of JetBrains or its customers. Business Transfers. If we are acquired by or merged with another entity, if substantially all of our assets are transferred to another entity, or as part of a bankruptcy proceeding, or other business transfer, we may transfer the information we have collected from or about you to the other entity. Third Party Service Providers. We use third party service providers as discussed in this section. We also use third party service providers in other circumstances; a complete list of the reasons in which we use third party service providers can be found here. What We Collect What we collect depends largely on the interaction that takes place between you and JetBrains, most of which can be categorized under the following: Purchasing JetBrains Software Products When you purchase a JetBrains Downloadable Software Product or sign up for JetBrains Software as a Service, we collect information to process your payment and create your customer account. This information includes name, email address, physical address, telephone number, and company name where applicable. We retain the last four digits of your credit card to allow you to identify the card used for future purchases. We use a third-party service provider to process your credit card transactions. These third parties are governed by their own agreements, which can be found on Jetbrains.com under the section Third-Party Services. Using JetBrains Downloadable Software Products When downloading and installing purchased software, you need to provide the software with identifiable information such as your JetBrains Account or Licensing information. On installation and execution, the software may send JetBrains certain information, including product version, product edition, and information about the operating system and/or environment where the product is installed, applicable to tools such as ReSharper™, which is a plugin to Visual Studio™. A unique, randomly-generated ID, which does not contain any license or other personally identifiable information, is also used to distinguish instances. The software can also check for available updates, as well as available updates for plugins or components. In addition it can check for license validation, either using the license key or your JetBrains Account details. Some software products can also use license information to inform you of the availability of applicable updates. If you opt in to anonymous data collection through the software product (which is distinct from data collection on the website through cookies and other tracking technologies, as discussed below), the software may electronically send information to JetBrains related to your usage of the application’s features. This information may include, but is not limited to, frameworks, file templates being used in the IDEs, actions invoked, and other interactions with product features. This information will contain neither source code nor your name, nor information about your JetBrains Account or Licensing information. Using JetBrains Software as a Service When you use any JetBrains Software as a Service, we store all the content you provide, including but not limited to accounts created for team members, files, pictures, project information, and any other information that you provide to the services you use. These services can include YouTrack, TeamCity, Upsource, or any other software as a service that JetBrains provides or could potentially provide in the future. For any JetBrains Software as a Service, we also collect data about usage of the software. This may include, but is not limited to, numbers of users and groups, types of projects, numbers of projects, frequency and usage of attachments, searches performed, actions invoked in the product and other interactions with product features. In addition, weblogs that may be generated during your use of JetBrains Software as a Service may include information about IP addresses used to access the service, browser, operating environment, URL’s used to access the service, or other information. This information may be analyzed for security and auditing purposes. Signing up for Webinars, Newsletters and/or Marketing Material When you sign up for webinars, newsletters and/or other marketing materials, we collect information about you. This includes personal details such as name, email address, company name and possibly other information relevant to the offerings, such as technology interests. User Generated Content Our products and services often give you the option to provide feedback, such as suggestions, compliments or problems encountered. We invite you to provide such feedback as well as to participate with comments on our blogs and discussion forums. If you choose to post a comment, your user name, city, and any other information that you choose to post will be visible to the public. We are not responsible for the privacy of any information that you choose to post to our website, including in our blogs, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law or your personal privacy. Cookies and Other Tracking Technologies We, and our third party service providers, use cookies and other tracking technologies on our Website and client portals (collectively our “Website”). We use these tools to identify you when you visit our Website, to provide you with a good experience when you browse our Website, to improve our Website and the services that we provide, for analytics purposes, for targeted advertising, and as discussed in this section. Your Consent/Withdrawing Consent By continuing to use our Website, you are agreeing to the placement of cookies on your computer by us and our third party service providers. You may withdraw your consent at any time. If you do not wish to accept cookies in connection with your use of this Website, you must stop using our Website and disable cookies via your browser settings for this Website or globally (see below). You also may opt out of targeted advertising at any time by visiting www.jetbrains.com/optout/. Please note that disabling cookies will affect the functionality of our Website, and may prevent you from being able to access certain features on our Website. For further information about deleting or blocking cookies, please visit: http://www.aboutcookies.org/how-to-delete-cookies/. The Technologies we Use Cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our Website. There are two types of cookies: Persistent cookies: these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie. Session cookies: these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our emails are forwarded. First and third-party cookies In relation to whether a cookie is 'first' or 'third' party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user at the time (e.g., cookies placed by us). Cookies placed by JetBrains are used when creating an account, identifying yourself using JetBrains Account, purchasing products using the e-store, as well as using any of our services, including but not limited to, our issue tracker, blogs and discussions forums, newsletter sign-up, etc. At times we may also use cookies for testing out new features of our web site and/or services to a subset of our audience. Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website, this would be a third-party cookie. How to delete and block our cookies You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. Changing your cookie settings Please note that internet browsers allow you to change your cookie settings. These settings are usually found in the 'options' or 'preferences' menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the 'Help' option in your internet browser for more details. Cookie settings in Internet Explorer Cookie settings in Firefox Cookie settings in Chrome Cookie settings in Safari What cookies do we use and why? Generally our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. The cookies used on our Website are categorized as follows: Strictly necessary Performance Functionality Targeting 'Strictly Necessary' cookies let you move around the Website and use essential features like secure areas. Without these cookies, we cannot provide the requested services. We use these Strictly Necessary cookies to: Identify you as being logged in to our Website and to authenticate you Make sure you connect to the right service on our Website when we make any changes to the way the Website works For security purposes Accepting these cookies is a condition of using the Website, so if you prevent these cookies we can't guarantee how Website or the security on our Website will perform during your visit. 'Performance' cookies collect information about how you use our Website e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and are only used to help us improve how our Website works, understand what interests our users and measure the effectiveness of our advertising. We use performance cookies to: Carry out web analytics: Provide statistics on how our Website is used Obtain data on the number of users of the Website that have viewed a product Help us improve the Website by measuring any errors that occur Test different designs for the Website Some of our performance cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above. By using our Website, or expressing your consent as otherwise required by applicable law, you accept the use of 'Performance' cookies. If you prevent cookies, we cannot guarantee how our Website will perform for you. 'Functionality' cookies are used to provide services or to remember settings to improve your visit. We use 'Functionality' cookies for such purposes as: Remember settings you've applied such as layout, text size, language, preferences and colors Remember if we've already asked you if you want to fill in a survey Remember if you have engaged with a particular component or product list on the Website so that don’t show it again Show you when you're logged in to the Website To provide and show embedded video content Some of these cookies are managed for us by third parties. We do not allow the third party to use the cookies for any purpose other than those listed above. 'Targeting' cookies are used to track your visit to our Website and other websites, including the pages you have visited and the links you have followed, which allows third parties to display targeted ads to you on the websites you visit. We and our third party service providers use Targeting cookies to: Link to social networks, like Facebook, that may subsequently use information about your visit to our website in order to provide advertising or other offers that may be of interest to you when you visit other websites. Provide third parties with information on your visit so that they can present you with advertisements or other offers that may be of interest to you. If you are in the EU, you may opt-out of certain third party cookies that we and other websites may use for targeting through http://www.youronlinechoices.eu or www.aboutads.info. Opting out of one or more ad networks only means that those particular members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our websites or other third party websites. If your browser is configured to reject cookies when you visit one of the above referenced opt-out pages, and you later erase your cookies, use a different computer or change Web browsers, your preference may no longer be active. Since all of these cookies are managed by third parties, you should refer to the third parties' own website privacy notifications and policies for further information (see below for more information about the particular targeting cookies used on our Website). Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance («DAA») Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative («NAI») Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org. More Information About Cookies All About Cookies Useful information about cookies can be found at: http://www.allaboutcookies.org/ Internet Advertising Bureau A guide to behavioural advertising and online privacy has been produced by the internet advertising industry which can be found at: http://www.youronlinechoices.eu/ Do Not Track Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking by disabling cookies in your browser. However, by doing so we cannot guarantee the correct behaviour of the services we provide to you. Links At times JetBrains’ Websites and/or JetBrains Software Products may contain links to other external non-JetBrains sites. JetBrains is not responsible for the privacy practices or content of such linked Websites. Children Our products and services are not designed for children under the age of 13. If we discover that a person under the age of 13 has submitted information directly to us, we will endeavor to delete the information from our systems. Location of Your Information Any servers or services that contain Personally Identifiable Information are located within the EU. For YouTrack InCloud, we provide the option for our customers to choose between hosting their instance in the EU or in the US. At times, JetBrains may process or transfer some of your personal data (such as name and email) to our affiliate companies outside of the EU. Any such transfer will be made in accordance with the applicable laws on data protection and this Privacy Policy. By submitting any personal information or by using the Website, you consent to such transfer to, and processing of, your personal data outside the EU. Data retention, withdrawal of approval, access to data If at any time you choose to cease using JetBrains Software Products, you may ask for your data to be removed from our servers by writing to privacy@jetbrains.com. We may retain your information if it is required to comply with legal obligations and/or defense in case of violation of our Terms of Service and/or Privacy Policies. We may also have copies of your information in backups made for security purposes, but these backups will not be accessible as separately delineated information. Please note, however, that you must retain a copy of all data that you have placed on our servers in the case of any loss; further, if you cease using our software and/or services, we will not be responsible for retention of any of your data. Your approval of the collection and storage of information during the process of technical support can be withdrawn at any time by writing to privacy@jetbrains.com. As permitted by applicable law, EU residents may request a copy of the information that we hold about them. To do so, please contact: privacy@jetbrains.com. We may charge a fee in accordance with applicable law for this service. Changes to this Policy This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes to this Privacy Policy on our website. If we make any changes to this Privacy Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our website. Reaching out If you have any questions or concerns, or you feel that this Privacy Policy has been violated in any way, please let us know immediately by contacting privacy@jetbrains.com. ImgBurn End User License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. This End User License Agreement for ImgBurn ("License Agreement" or "Agreement") is a legal agreement between you (either an individual or an entity), LIGHTNING UK! ("Author"), his suppliers and licensors. By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE. Installing this software implies that you have read this license agreement, understand it, and agree to be bound by its terms and conditions. 1. GRANT OF LICENSE. a) This program is freeware and cannot be sold in any way, shape or form. Anyone may freely use this software at home or in the workplace. b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. e) You may not distribute the program as part of a commercial device, program or service without the express permission of the Author. 2. BETA RELEASE VERSIONS. In the event that the Software is a beta release version, the terms of this Section shall apply. The beta release version software you are receiving can be modified functions, capabilities, features, specifications, general availability or other characteristics without further notice. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation. 3. AUTOMATIC COMMUNICATIONS FEATURES. The Software has the ability to automatically check for program updates via an active Internet connection. The software receives current program version information from ImgBurn's servers and the program then uses this information to determine if an update is available. No information is ever transmitted to ImgBurn's servers. You are responsible for any telecommunications or other connectivity charges incurred through use of the Software. 4. RIGHTS. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with the Author. The Software and the Services are protected by the copyright laws of international copyright treaties. Title, ownership, rights, and intellectual property rights in and to the content accessed through the Software and the Services ("Content") including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content. 5. LIABILITY. THIS SOFTWARE IS DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. YOU USE IT AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE. 6. TERMINATION. This License Agreement will automatically terminate if you fail to comply with any term hereof. No notice shall be required from the Author to effect such termination. You may also terminate this License Agreement at any time by notifying the Author in writing of termination. Upon any termination of this License Agreement, you shall immediately discontinue use of the Software, or certify destruction of, all full or partial copies of the Software, documentation and related materials provided by the Author. Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement. 7. UNINSTALL To uninstall this software, follow the directions below: a) Click the 'Start' menu button in Windows. b) Select 'All Programs'. c) Select the 'ImgBurn' program group. d) Select 'Uninstall'. You can also uninstall this software via the appropriate applet within Control Panel. For Example: Windows Vista / 7 / 8 - 'Programs and Features' Windows XP - 'Add or Remove Programs' Older Versions - 'Add/Remove Programs' ImgBurn™ © 2005 - 2015 LIGHTNING UK!. All rights reserved. http://www.imgburn.com/ Sierra End User License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE OR CONTACT SIERRA ENTERTAINMENT CUSTOMER SERVICE AT (800) 757-7707 FOR A FULL REFUND OF THE PURCHASE PRICE WITHIN 30 DAYS OF THE ORIGINAL PURCHASE. This software program and any files that are provided by Sierra Entertainment, Inc., to you by on-line transmission or otherwise to 'patch,' 'update,' or modify the software program, as well as any printed materials, on-line or electronic documentation, and any and all copies and derivative works of such software program and materials are the copyrighted work of Sierra Entertainment, Inc. and/or its wholly owned subsidiaries, or its suppliers ("Sierra"). All use of the Program is governed by the terms of the End User License Agreement which is provided below ("License Agreement"). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited. END USER LICENSE AGREEMENT 1. Limited Use License. Sierra hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or portable computer. The Program also contains a "Campaign Editor" (the "Editor") that allows you to create custom levels or other materials for your personal use in connection with the Program ("New Materials"). All use of the Editor or any New Materials is subject to this License Agreement. In addition, The Program has a multi-player capability that allows users to utilize the Program over the Internet via gamespy.com or another gaming network designated by Sierra (an "On-line Provider"). Use of the Program over gamespy.com or other On-line Provider is subject to your acceptance of gamespy.com's or such other On-line Provider's Terms of Use Agreement as may be updated or modified at any time. The Program is licensed, not sold. Your license confers no title or ownership in the Program. 2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Program) are owned by Sierra or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains certain licensed materials, and Sierra's licensors may protect their rights in the event of any violation of this Agreement. The Program may access websites owned, controlled by, or operated by licensed affiliates of Sierra, and receive patches and/or updates to the Program from these websites. All patches, updates or other downloadable material used by, or incorporated into, the Program are the copyrighted property of Sierra, who reserves all rights therein, and shall be governed by the terms and conditions of this Agreement. 3. Responsibilities of End User. A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create a source code equivalent of, create derivative works based on, or remove any proprietary notices or labels from the Program without the prior consent, in writing, of Sierra. B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. C. You are entitled to use the Program for your own use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any way, nor to rent, lease or license the Program to others without the prior written consent of Sierra; (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to, use at a cyber café, computer gaming center or any other location-based site (Sierra may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Sierra for details); (iii) use or allow third parties to use the Editor and the New Materials created thereby for commercial purposes, including, but not limited to, distribution of New Materials on a stand-alone basis or packaged with other software or hardware through any and all distribution channels, including, but not limited to, retail sales and on-line electronic distribution, without the express written consent of Sierra; (iv) host or provide matchmaking services for the Program or emulate or redirect the communication protocols used by Sierra in the network feature of the Program, through protocol emulation, tunneling, modifying or adding components to the Program, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, network play over the Internet, network play utilizing commercial or non-commercial gaming networks, or as part of content aggregation networks, without the prior written consent of Sierra; and (v) create or maintain, under any circumstance, more than one simultaneous connection to any hosting service utilized for on-line play. All such connections, whether created by the Program or by other tools and utilities, may only be made through methods and means expressly approved by Sierra. Under no circumstances may you connect, or create tools that allow you to connect, to the hosting service's private binary interface or interfaces other than those explicitly provided by Sierra for public use. 4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement and you agree to remove the Program and any New Materials from your home or portable computer. 5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program and any New Materials. Sierra may, at its discretion, terminate this License Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program and any New Materials. 6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 7. Customer Service/Technical Support. "Customer Service" as used herein may be provided to you by Sierra representatives by telephone and/or by electronic message (e-mail). "Technical Support" may be provided to you by Sierra by telephone, by electronic message (e-mail), or by posting of information related to known technical support issues on a website. Unless otherwise stated in the Program's packaging or in the Program's user manual, nothing herein shall be construed so as to place a duty upon Sierra to provide Customer Service or Technical Support via a toll-free telephone number for an unlimited period of time. 8. Duration of the "On-Line" Component of the Program. This Program contains an "on-line" component that allows you to utilize the Product over the Internet utilizing servers and software maintained by Sierra and or its affiliates. Sierra may, in its sole discretion, provide the servers and software technology necessary to utilize the "on-line" component of the Program, or Sierra may license to third parties the right to provide the servers and software technology necessary to utilize the "on-line" component of the Program. However, nothing contained herein shall be construed so as to place an obligation upon Sierra to provide the servers and software technology necessary to utilize the "on-line" component beyond the time that the Program is Out of Publication. The term "Out of Publication" as used herein shall mean that the Program is no longer being manufactured by Sierra. 9. Limited Warranty. Sierra expressly disclaims any warranty for the Program, Editor and Manual(s). The Program, Editor and Manual(s) are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Program and Manual(s) remains with the User; however, Sierra warrants up to and including 90 days from the date of your purchase of the Program that the media containing the Program shall be free from defects in material and workmanship. In the event that the media prove to be defective during that time period, and upon presentation to Sierra of proof of purchase of the defective Program, Sierra will at its option 1) correct any defect, 2) provide you with a product of equal or lesser value, or 3) refund your money. Some states do not allow the exclusion or limitation of implied warranties or liability for incidental damages, so the above limitations may not apply to you. 10. Limitation of Liability. NEITHER SIERRA ENTERTAINMENT, INC., THE ON-LINE PROVIDER, NOR EACH OF ITS RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, THE EDITOR OR AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, EACH OF SIERRA ENTERTAINMENT, ITS PARENT AND THE ON-LINE PROVIDER SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED ON AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING GAMESPY.COM. EACH OF SIERRA ENTERTAINMENT, ITS PARENT, AND THE ON-LINE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE ON GAMESPY.COM OR OTHER AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply. 11. Equitable Remedies. You hereby agree that Sierra would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Sierra shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Sierra may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. 12. Limitations on License. Nothing in this License Agreement shall preclude you from making or authorizing the making of another copy or adaptation of the Program, provided, however, that (1) such new copy or adaptation is created as an essential step in your utilization of the Program in accordance with the terms of this License Agreement and for NO OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes ONLY and all archival copies are destroyed in the event of your Transfer of the Program, the Termination of this Agreement or other circumstances under which your continued use of the Program ceases to be rightful. 13. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in the State of California, County of Los Angeles, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Sierra and yourself and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between you and Sierra. GameCopyWorld Terms and Conditions GameCopyWorld ONLY supplies Information and Tools necessary to make a PERSONAL BACKUP of legally owned Game CD's! GameCopyWorld cannot be held responsible if any of the information and/or files contained on this site is used in the pursuit of illegal activities such as copyright infringement or piracy! GameCopyWorld shall under no circumstances be liable for damages that result from the use or the inability to use of a downloaded file or any other supplied information! IN NO EVENT WILL GameCopyWorld BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. You are ONLY allowed to DOWNLOAD any file from GameCopyWorld if you need information to make a backup of an Original Game CD/DVD of which you are the legal owner. By Entering GameCopyWorld or downloading any file from GameCopyWorld you agree with the above Disclaimer! WinRAR End User License Agreement This is a trial version of WinRAR archiver. Anyone may use it during a test period of 40 days. PLEASE CAREFULLY READ THE LICENSE AGREEMENT BELOW BEFORE CONTINUING THE INSTALLATION PROCESS. END USER LICENSE AGREEMENT The following agreement regarding RAR (and its Windows version - WinRAR) archiver - referred to as "software" - is made between win.rar GmbH - referred to as "licensor" - and anyone who is installing, accessing or in any other way using the software - referred to as "user". The author and holder of the copyright of the software is Alexander L. Roshal. The licensor and as such issuer of the license and bearer of the worldwide exclusive usage rights including the rights to reproduce, distribute and make the software available to the public in any form is win.rar GmbH, Marienstr. 12, 10117 Berlin, Germany. The software is distributed as try before you buy. This means that anyone may use the software during a test period of a maximum of 40 days at no charge. Following this test period, the user must purchase a license to continue using the software. The software's trial version may be freely distributed, with exceptions noted below, provided the distribution package is not modified in any way. Nobody may distribute separate parts of the package, with the exception of the UnRAR components, without written permission. The software's unlicensed trial version may not be distributed inside of any other software package without written permission. The software must remain in the original unmodified installation file for download without any barrier and conditions to the user such as collecting fees for the download or making the download conditional on the user giving his contact data. The unmodified installation file of WinRAR must be provided pure and unpaired. Any bundling is interdicted. In particular the use of any install or download software which is providing any kind of download bundles is prohibited unless granted by win.rar GmbH in written form. Hacks/cracks, keys or key generators may not be included, pointed to or referred to by the distributor of the trial version. In case of violation of the precedent conditions the allowance lapses immediately and automatically. The trial version of the software can display a registration reminder dialog. Depending on the software version and configuration such dialog can contain either a predefined text and links loaded locally or a web page loaded from the internet. Such web page can contain licensing instructions or other materials according to the licensor's choice, including advertisement. When opening a web page, the software transfers only those parameters which are technically required by HTTP protocol to successfully open a web page in a browser. The software is distributed "as is". No warranty of any kind is expressed or implied. You use at your own risk. Neither the author, the licensor nor the agents of the licensor will be liable for data loss, damages, loss of profits or any other kind of loss while using or misusing this software. There are 2 basic types of licenses issued for the software. These are: A single computer usage license. The user purchases one license to use the software on one computer. Home users may use their single computer usage license on all computers and mobile devices (USB drive, external hard drive, etc.) which are property of the license owner. Business users require one license per computer or mobile device on which the software is installed. A multiple usage license. The user purchases a number of usage licenses for use, by the purchaser or the purchaser's employees on the same number of computers. In a network (server/client) environment the user must purchase a license copy for each separate client (workstation) on which the software is installed, used or accessed. A separate license copy for each client (workstation) is needed regardless of whether the clients (workstations) will use the software simultaneously or at different times. If for example you wish to have 9 different clients (workstations) in your network with access to RAR, you must purchase 9 license copies. A user who purchased a license, is granted a non-exclusive right to use the software on as many computers as defined by the licensing terms above according to the number of licenses purchased, for any legal purpose. There are no additional license fees, apart from the cost of the license, associated with the creation and distribution of RAR archives, volumes, self-extracting archives or self-extracting volumes. Owners of a license may use their copies of the software to produce archives and self-extracting archives and to distribute those archives free of any additional royalties. The licensed software may not be rented or leased but may be permanently transferred, in its entirety, if the recipient agrees to the terms of this license. To buy a license, please read the file order.htm provided with the software for details. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed software, or any subset of the licensed software, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution. Neither RAR binary code, WinRAR binary code, UnRAR source or UnRAR binary code may be used or reverse engineered to re-create the RAR compression algorithm, which is proprietary, without written permission. The software may be using components developed and/or copyrighted by third parties. Please read "Acknowledgments" help file topic for WinRAR or acknow.txt text file for other RAR versions for details. This License Agreement is construed solely and exclusively under German law. If you are a merchant, the courts at the registered office of win.rar GmbH in Berlin/Germany shall have exclusive jurisdiction for any and all disputes arising in connection with this License Agreement or its validity. Installing and using the software signifies acceptance of these terms and conditions of the license. If you do not agree with the terms of this license, you must remove all software files from your storage devices and cease to use the software. SD Memory Card Formatter END USER LICENSE AGREEMENT NOTICE: BY DOWNLOADING, INSTALLING OR USING THE PRODUCT, THE ENTITY OR INDIVIDUAL ENTERING INTO THIS AGREEMENT AGREES TO BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE PRODUCT; PROMPTLY RETURN (IF APPLICABLE) THE PRODUCT TO THE SDA OR YOUR SDA DISTRIBUTOR. IF YOU REJECT THIS AGREEMENT, YOU WILL NOT ACQUIRE ANY LICENSE TO USE THE PRODUCT. This Agreement (“Agreement”) is between the entity or individual entering into this Agreement (“You”) and the SD Card Association, a California Mutual Benefit Corporation (“SDA”). “You” includes you and your employees and Affiliates. “Affiliate” is defined as an entity which controls, is controlled by, or shares common control with a party where such control may exist through ownership of securities or by contract. In addition to the restrictions imposed under this Agreement, any other usage restrictions contained in the Product installation instructions or release notes shall apply to Your use of the Product. 1. PRODUCT.　“SDA Software” means the object code version of the SD Memory Card Formatter tool program(s) provided, via delivery or electronic transmission to You. SDA Software includes computer files, enhancements, maintenance modifications, upgrades, updates, bug fixes, and error corrections made available to you by the SDA or its authorized distributor. “Documentation” means all written or graphical material provided by SDA or its authorized distributor in any medium, including any technical requirements or specifications, relating to the functionality or operation of the SDA Software. “Product” means the SDA Software and Documentation. 2 LICENSE 　Subject to the terms of this Agreement, SDA grants You a non-exclusive, non-transferable, terminable (as set forth in Section 5 below), perpetual license for each copy of the SDA Software to do the following: (a) install the SDA Software on Your hardware located at a facility owned or controlled by You in the country where You acquired the SDA Software; (b) operate the SDA Software solely for Your own internal business operations solely to format SD Cards owned by You and to use the Documentation solely for such internal use; and (c) make one copy of the SDA Software for backup and archival purposes only (collectively a “License”). 3. RESTRICTIONS:　You agree to NOT: (a) disassemble, reverse engineer, decompile, or otherwise attempt to derive any source code for the SDA Software from executable code; (b) rent, lease, network, loan, sublicense, distribute, disclose, or otherwise transfer or provide the SDA Software to any third party (including without limitation, use in a service bureau or shared environment); (c) alter, merge, modify, edit, translate, adapt in any way, or prepare any derivative work based upon the SDA Software; (d) remove, obscure, or modify any markings or any notice of proprietary rights; or(e) provide a third party with the results of any functional evaluation, or benchmarking, or performance tests, without SDA’s prior written approval. Notwithstanding the restriction in 3(a) above, if You are a European Community (“EC”) resident and required for interoperability, SDA agrees to make available to You the information necessary to achieve interoperability to the SDA Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs upon written request. 4. FEEDBACK.　If You send or transmit any communications or materials to SDA or any of its authorized distributors or licensors by mail, electronic mail, telephone, or otherwise, suggesting or recommending changes to the Product or any portion thereof (“Feedback”), including without limitation, improvements, new features, or functionality relating thereto, or any comments, questions, suggestions, or the like, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and to any and all Feedback, and any intellectual property rights in or to such Feedback, to the SDA. The SDA and any of its authorized distributors or licensors are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although SDA is not required to use any Feedback. 5. TERMINATION.　This Agreement shall immediately terminate if You breach any of its terms. Upon termination, for any reason, You must uninstall the SDA Software, and either certify the destruction of the SDA Software or return it to SDA. Sections 4, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive termination. 6. OWNERSHIP OF THE PRODUCT.　SDA and/or its licensors retain all right, title, and interest in the SDA Product and all intellectual property, informational, industrial property, and proprietary rights therein. SDA neither grants nor otherwise transfers any rights of ownership in the SDA Product to You. SDA Products are protected by applicable copyright, trade secret, and industrial and intellectual property laws. SDA reserves any rights not expressly granted to You herein. 7. WARRANTY DISCLAIMER.　NEITHER SDA NOR ITS LICENSORS OR DISTRIBUTORS MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCT. ALL IMPLIED WARRANTIES AS TO THE SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. SDA NOR ITS LICENSORS OR DISTRIBUTORS WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED. THE SDA IS NOT OBLIGATED TO PROVIDE YOU WITH ANY ENHANCEMENTS, MAINTENANCE MODIFICATIONS, UPGRADES, UPDATES, BUG FIXES, OR ERROR CORRECTIONS FOR THE PRODUCT BUT MAY DO SO IN ITS SOLE DISCRETION. 8. LIMITATION OF LIABILITY.　NEITHER SDA NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES RELATED TO THIS AGREEMENT AND/OR THE PRODUCT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT, OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF SDA OR ITS LICENSORS AND/OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. IN NO EVENT WILL SDA’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS (USD 100.00). ADDITIONALLY, IN NO EVENT SHALL SDA’S LICENSORS OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT. 9. INDEMNIFICATION.　You shall indemnify, defend and hold SDA and any and all of its officers, directors, employees, agents, members, consultants, distributors, and licensors (collectively, the “SDA Indemnitees”) harmless against any costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that such SDA Indemnitee suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party (“Claim”) alleging or arising out of Your use of the Products other than as permitted under this Agreement. Notwithstanding anything herein to the contrary, You shall not consent to any settlement or compromise of, or the entry of any judgment with respect to, any third-party claim without the prior written consent of SDA. 10. EXPORT CONTROLS.　You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Product or any underlying information or technology except in full compliance with all United States, foreign, and other applicable laws and regulations. 11. U.S. GOVERNMENT RESTRICTED RIGHTS.　The SDA Software under this Agreement is “commercial computer software” as that term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors. 12. ARBITRATION.　Any dispute between You and SDA arising out of this Agreement or the breach or alleged breach thereof, shall be determined by binding arbitration conducted in English. The arbitration shall be held in San Francisco, California, U.S.A., under the current rules of the American Arbitration Association (“AAA”). Arbitration may be conducted by one (1) attorney arbitrator by mutual agreement or by three (3) arbitrators if the parties are unable to agree on a single arbitrator within thirty (30) days of first demand for arbitration. All arbitrators are to be selected from a panel provided by AAA. In the case of a three-arbitrator panel, the chairman and one other arbitrator shall be attorneys at law, and the third arbitrator shall have a background or training in either computer law, computer science, computer engineering, or marketing of computer industry products. The arbitrator(s) shall have the authority to permit discovery, to the extent deemed appropriate by the arbitrator(s), upon request of a party. The costs of the arbitration shall be borne equally pending the arbitrator’s award. The award rendered shall be final and binding upon the parties and shall not be subject to appeal to any courts, and may be enforced in any court of competent jurisdiction. Nothing in this Agreement shall be deemed as preventing either party from seeking injunctive or other equitable relief from any court having jurisdiction over the parties and the subject matter of the dispute as necessary to protect either party’s confidential information, ownership, or any other proprietary rights. 13. MISCELLANEOUS TERMS.　The parties hereto are independent contractors. You shall abide by all local, state, federal, and international laws, rules, regulations, and orders applying to Your use of the Products. This Agreement will be governed and construed in accordance with the laws of the State of California without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act shall not apply to this Agreement. This Agreement constitutes the entire agreement between You and SDA and supersedes any prior or contemporaneous negotiations or agreements, whether oral, written, or displayed electronically, concerning the Product and related subject matter. No modification or waiver of any provision hereof will be effective unless made in a writing signed by both SDA and You. You may not assign or transfer this Agreement or a License to a third party without SDA’s prior written consent. Should any provision of this Agreement be invalid or unenforceable, the remainder of the provisions will remain in effect. The parties have agreed that this Agreement and the documents related thereto be drawn up in the English language. Les parties exigent que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND INTEND TO BE BOUND AS IF YOU HAD SIGNED THIS AGREEMENT IN WRITING. IF YOU ARE ACTING ON BEHALF OF AN ENTITY, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. APPLE INC. MACOS SDK AND XCODE AGREEMENT PLEASE READ THIS MACOS SDK AND XCODE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEVELOPER SOFTWARE (DEFINED BELOW). BY USING THE DEVELOPER SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE DEVELOPER SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE " BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVELOPER SOFTWARE AND CLICK “DISAGREE”. IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. 1. General. A. The Apple software, tools, utilities, sample or example code, documentation, interfaces, content, data, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media or in any other form, (collectively, the "Developer Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Developer Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Developer Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. B. Title and intellectual property rights in and to any content displayed by or accessed through the Developer Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. License. Subject to the terms and conditions of this License, you are granted a limited, non-exclusive license to use the Developer Software on Apple-branded computers to develop and test application and other software. You may make only as many internal use copies of the Developer Software as reasonably necessary to use the Developer Software as permitted under this License and distribute such copies only to your employees whose job duties require them to so use the Developer Software; provided that you reproduce on each copy of the Developer Software or portion thereof, all copyright or other proprietary notices contained on the original. B. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Developer Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise expressly permitted by the terms of this License or as otherwise licensed by Apple: (i) only one user may use the Developer Software at a time, and (ii) you may not make the Developer Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, sublicense or otherwise redistribute the Developer Software or exploit any services provided by or through the Developer Software in any unauthorized way. C. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the Developer Software or any services provided by or through the Developer Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the Open-Sourced Components or Sample Code). D. Sample Code. Certain portions of the Developer Software consist of sample or example code provided by Apple ("Sample Code"). You may use, reproduce, modify and redistribute such Sample Code only in accordance with the licensing terms accompanying such Sample Code or related project(s). E. QuickTime Development Software. You may use the QuickTime development software only to develop application software that is compatible with, and runs only on supported macOS and/or Windows platforms with QuickTime installed. Your software application may not interfere with the functionality of QuickTime Player or the QuickTime Plug-in, including but not limited to file type or MIME type associations that are registered to QuickTime. F. Use of System-Provided Images. The system-provided images owned by Apple and documented as such in Apple's Human Interface Guidelines for macOS and iOS ("System-Provided Images") are licensed to you solely for the purpose of developing macOS and iOS applications, respectively, using the Developer Software. Upon termination of this License, you may continue to distribute the System-Provided Images as used within software you developed using the Developer Software; however, you agree to provide to Apple, at Apple's request, a copy of any software you developed using the Developer Software that incorporates any of the System-Provided Images so Apple may determine, in its sole discretion, whether your use of the System-Provided Images complies with these terms. G. Location Services; Consents. 1. Apple may enable you to access certain location-based application programming interfaces (APIs) (e.g., Core Location) documented by Apple (“Location APIs”) through the Developer Software. Subject to these terms and conditions, you may use such APIs and services only to enable software programs you develop for use on macOS (“Applications”) to access location data (e.g. the real-time geographic location of a user’s computer) from users who consent to such access. For Applications that use Location APIs or otherwise provide location-based services, you agree that such Applications may not be designed or marketed for automatic or autonomous control of vehicle behavior, or for emergency or life-saving purposes. In addition, Applications that offer location-based services or functionality must notify and obtain consent from an individual before his or her location data is collected, transmitted or otherwise used by the Application. For Applications that use Location APIs for real-time navigation (including, but not limited to, turn-by-turn route guidance and other routing that is enabled through the use of a sensor), you must have an end-user license agreement that includes the following notice: YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. 2. You agree that neither you nor your Applications will disable, override or otherwise interfere with any Apple-implemented system alerts, warnings, display panels, consent panels and the like, including, but not limited to, those that are intended to notify the user that the user's location data is being collected, transmitted, maintained, processed or used, or intended to obtain consent for such use. If consent is denied or withdrawn, neither you nor your Applications may collect, transmit, maintain, process or utilize the user's location information or data through the Location APIs. You understand and agree that you and your Applications must comply with all applicable criminal, civil and statutory laws and regulations (including privacy, data collection and location service laws and regulations) in any jurisdictions in which your Applications may be delivered. You shall be solely responsible for, and Apple shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, related or attributable to, or otherwise involving your Application, including but not limited to your Application’s use of the Location APIs. H. Compliance with Laws. You agree to use the Developer Software and the services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Developer Software or services. 3. Transfer. You may make a one-time permanent transfer of all of your license rights to the Developer Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Developer Software, including all its component parts and this License; (b) you do not retain any copies of the Developer Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Developer Software accepts the terms and conditions of this License. You may not transfer any Developer Software that has been modified or replaced under Section 13 below. All components of the Developer Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. 4. Consent to Use of Data. A. Diagnostic and Usage Data. If you choose to allow diagnostic and usage collection, you agree that Apple and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to unique system or hardware identifiers, information about your computer, system and application software, and peripherals, that is gathered periodically to provide and improve Apple’s products and services, facilitate the provision of software updates, product support and other services to you (if any) related to the Developer Software, and to verify compliance with the terms of this License. You may change your preferences for Diagnostics & Usage collection at any time by going to the Diagnostics & Usage setting on your computer and deselecting the checkbox. The Diagnostics & Usage setting is found in the Security & Privacy pane within System Preferences. Apple may use this information, as long as it is collected in a form that does not personally identify you, for the purposes described above. To enable Apple’s partners and third party developers to improve their software, hardware and services designed for use with Apple products, Apple may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you. B. Privacy Policy. At all times your information will be treated in accordance with Apple’s Privacy Policy, which is incorporated by reference into this License and can be viewed at: http://www.apple.com/legal/privacy/. 5. Services; Mac Developer Program. A. Apple may provide access to services by or through the Developer Software for you to use. Use of these services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. If you elect to use such services in conjunction with the Developer Software, your usage of such services will be subject to those additional terms and conditions (e.g., your use of Developer IDs obtained from your Apple Developer Program account will be subject to the applicable Apple Developer Program terms for Developer IDs), but this License will continue to apply to your use of the Developer Software licensed hereunder. If you would like to submit Applications you develop to the Mac App Store, then you must apply to join the Mac Developer Program. More information about Apple’s Developer Programs is available at http://developer.apple.com/. Apple reserves the right to refuse admission to any of its Developer Programs at any time in its sole discretion. B. You agree that the services contain proprietary content, information and material that is owned by Apple and its licensors, and is protected by applicable intellectual property and other laws, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. Except to the extent expressly permitted in the applicable terms for the services, You agree not to reproduce, modify, rent, lease, lend, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the services in any unauthorized way whatsoever, including but not limited to, using the services to transmit any malware, or by trespass or burdening network capacity. C. In addition, services that may be accessed, linked to or displayed through the Developer Software may not be available in all languages or in all countries. Apple makes no representation that any such services would be appropriate or available for use in any particular location. Apple reserves the right to change, suspend, remove, or disable access to any services at any time. In no event will Apple be liable for the removal of or disabling of access to any such services or for any updates, maintenance, warranty, technical or other support for such services. Apple may also impose limits or other restrictions on the use of or access to the services, in any case without notice or liability. You acknowledge and agree that Apple reserves the right to revoke or remove your access to any services provided by or through the Developer Software at any time in its sole discretion. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. In addition, Apple reserves the right to terminate this License if a new version of Apple's operating system software or the Developer Software is released which is incompatible with this version of the Developer Software. Upon the termination of this License, you shall cease all use of the Developer Software and destroy all copies, full or partial, of the Developer Software. Section 2B, 2C, 4, 5B, and 6 through 13 of this License shall survive any termination. 7. Disclaimer of Warranties. A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DEVELOPER SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE DEVELOPER SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEVELOPER SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. C. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVELOPER SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DEVELOPER SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEVELOPER SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE DEVELOPER SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE DEVELOPER SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS DEVELOPER SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES AS WELL AS OTHER APPLE PRODUCTS OR SERVICES. D. YOU FURTHER ACKNOWLEDGE THAT THE DEVELOPER SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DEVELOPER SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. E. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEVELOPER SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DEVELOPER SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES IN CONJUNCTION WITH THE DEVELOPER SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Export Control. You may not use or otherwise export or re-export the Developer Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Developer Software was obtained. In particular, but without limitation, the Developer Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Developer Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Developer Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 10. Government End Users. The Developer Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 12. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Developer Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. The parties hereto confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. 13. Third Party Acknowledgements. A. Certain components of the Developer Software, and third party open source programs included with the Developer Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Developer Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Developer Software. You expressly acknowledge that if failure of or damage to Apple hardware results from modification of the Open-Sourced Components of the Developer Software, such failure or damage is excluded from the terms of the Apple hardware warranty. B. Certain software libraries and other third party software included with the Developer Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Developer Software. C. The Developer Software includes certain software licensed under the IBM Public License Version 1.0 (IPL) or the Common Public License Version 1.0 (CPL). A copy of the source code for the IPL and CPL licensed software may be found in Apple’s Open Source repository. See Apple's Open Source web site (http://www.opensource.apple.com) for information on how to obtain the source code. THE IPL AND CPL SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EA1422 8/25/2016 FAQ & Terms & Conditions Welcome to Plant Essentials. We are located in Townsville North Queensland, Australia. Shop instore at 365 Bayswater Rd Garbutt QLD 4814, or Order online we ship worldwide. Please see our about us page for trading hours and contact details. HOW TO ORDER Townsville store during business hours Online 24/7 Phone orders during weekday for pick up or shipping during business hours - phone 0744201888 SHIPPING Online orders (Australian): parcels under 500g $7.60, over 500g $9.95 (excludes special orders) express post as per quoted during checkout (note dispatch times cut off 9.30 QLD time) Phone orders (Australian) standard shipping $9.95, express not available. Pick up orders - no handling charge. Online orders (New Zealand) flat rate economy air mail $9.95 (excludes special orders) express post as per quoted during checkout (note dispatch times cut off 9.30 QLD time) Note that economy air service offers no ability to track shipment and can take up to 6 weeks to arrive. We cannot conduct an investigation into international orders not arriving until a period of time dictated to us by the shipping service. Other Non EU Online orders economy air, standard & express post as per quoted during checkout (note dispatch times cut off 9.30 QLD time) Note that economy air service offers no ability to track shipment and can take up to 6 weeks to arrive. We cannot conduct an investigation into international orders not arriving until a period of time dictated to us by the shipping service. Please note we do ship to some other countries, however we do not ship to countries of the EU. To see where we ship, ad a product to the shopping cart and the countries we ship to will be visible in the selector. PAYMENT OPTIONS Australian Online & Phone Orders: Paypal, & Credit Card (including Amex), PoliPay (you need online banking set up with your bank to use this) Australian bank deposit, money orders & cheques (3 business days clearing after we have deposited personal cheques). Online gift vouchers or reward points. Townsville Store: Cash Credit Card (Including Amex) Online gift vouchers or reward points. New Zealand Online Orders: Paypal, & Credit Card (including Amex) Online gift vouchers or reward points. Other options coming soon Other Non EU country Online Orders: Paypal, & Credit Card (including Amex) Online gift vouchers or reward points. Other options coming soon CHANGING OR ADDING TO ONLINE & PHONE ORDERS To ensure we run an efficient mail order service with the best possible prices, we are unable to alter your order once you have placed it. This includes adding items to your order, changing the payment method etc. Before proceeding to checkout please ensure you have everything in your cart you desire. If you are using a gift card, reward, discount or promo code, add it in the box above the subtotal and select "apply". Please ensure you read the product page of each product you purchase to ensure it is the product you require, and it's specifications fit your needs (ie organic, wildcraft etc) DELIVERY TIMES The Daily cut off time for ALL shipments (including express post) is 9.30am (Tuesday to Friday) Queensland time. Orders placed after that time will be dispatched the next business day. Choosing express posts does not speed this up, it only means that we ship via the express post system. We dispatch orders Tuesday to Friday excluding Public Holidays applicable to our location. Generally within 24 hours of payment. Please allow enough time (keeping in mind public holidays and weekends slow delivery) for your parcel to arrive at your address (from North Queensland, Australia). To ensure your parcel is not held up, chose the appropriate freight option... Note that we are closed between Christmas Eve & New Years Day inclusively in the store and mail order departments. Our post code is 4814... you can check how long Australia Post delivery takes here. EXTRA DELIVERY INSTRUCTIONS If you need your parcel left on your front step, or have something else the courier needs to know, please put your extra delivery instructions in your shipping address as you checkout. Australia Post has started a new system of leaving the parcel when it is safe to do so, if you do not wish this to happen, it's also a good idea to note this in the address. TRACKING MY DELIVERY Once your parcel has been dispatched to the courier, we will send you an email letting you know this has happened. Where ever possible we use trackable delivery methods to get your order to you as quickly and safely as possible. Note that International Air mail is NOT trackable. USING "MYPOST SAFE DROP" If you choose to have your parcel delivered using Safe Drop or you provide an Authority to Leave, Plant Essentials is not liable for parcels that may be stolen or damaged after delivery CUSTOMS & QUARANTINE Please be aware that Plant Essentials is not responsible for seizure, refusal, returns, duty payable or re-shipment. It is your responsibility to check your countries/states import laws & fees. WHOLESALE & STOCKIST CUSTOMERS Wholesale customers ensure you log in before shopping to ensure you receive your wholesale pricing. Note that the cart will now allow you to proceed to checkout until you have reached the wholesale minimum order amount. In store ordering is now available if you would like to select and collect instore (Please be sure to identify yourself as a wholesale customer to ensure you receive the correct pricing). REFUNDS & RETURNS AN ERROR OR BREAKAGE WITH YOUR ORDER? Oops we hope not. One of our little worker bees must have hit the clary sage hard this morning! We try very hard to check and double check your order before it leaves our little store. Never fear, if we have packed an incorrect product or size, or something is broken or faulty, please email us within 7 days with the details of the problem and we will sort it out with minimal fuss! Our aim is for you to stay a valued customer. Message us via the chat box at the bottom of the website. We do our best to pack your order correctly and carefully. Sometimes the little elves or Santa (Australia Post) slips up. I HAVE RECEIVED THE WRONG ITEM OR IT IS DAMAGED DURING SHIPPING If there is an error with your order, or a product is not as expected, please contact our mail order department on within 7 days 07 44 201 888 or admin@plantessentials.com.au . I'VE CHANGED MY MIND, OR I PURCHASED THE INCORRECT ITEM In this case we are happy to exchange the product for a credit or another product. There is a restocking fee for this service, and the cost of freight to you is not refundable for exchange. Cost of returning the item is the customers responsibility. Please contact customer service for an return authorisation number before returning items. A restocking fee of 20% on product price applies. I'VE CHANGED MY MIND, I'D LIKE A REFUND AND MY ORDER HASN'T BEEN DISPATCHED YET In this case we are happy to refund the total order including shipping, less a $10 admin fee. Call the mail order department urgently on 0744 201888 to ensure we can stop the order being packed. FAULTY PRODUCTS Major Problems - You can choose a refund or exchange if an item has a major problem. This is when the item: has a problem that would have stopped someone from buying the item if they had known about it is unsafe is significantly different from the sample or description doesn’t do what we said it would, or what you asked for and can’t be easily fixed. Minor Problems - We will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase —e.g. your receipt. Please note that in the case of electrical items our certified electrical integrity tester will check all items returned to determine if there is a fault & whether the fault is major or minor. AUSTRALIAN CONSUMER LAW STATEMENT WEBSITE INFORMATION & PRODUCT USE DISCLAIMER: Please ensure you fully read the product page of any product (be it a herb, essential oil or any other product) that you intend to purchase or use. Some herbs, essential oils & other products have contraindication information, or safe use information that should be considered during your research and due diligence, and when deciding to buy or use a product. Plant Essentials strives to keep information up to date, but does not guarantee the accuracy, reliability or currency of the information. Any errors in the information that are brought to our attention will be corrected as soon as possible. It is the customers responsibility to decide if a product is right for the intended use. If you require assistance, please open a chat at the bottom of the website to ask questions. PayPal Privacy Policy Effective Date: 5 April, 2018 This version: 18-1 Previous version: 17-3 1. Overview PayPal has developed this Privacy Policy to explain how we may collect, retain, process, share and transfer your Personal Data when you visit our Sites or use our Services. This Privacy Policy applies to your Personal Data when you visit Sites or use Services, and does not apply to online websites or services that we do not own or control, including websites or services of other PayPal Users. This Privacy Policy is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Sites and Services. Please note that our Service offerings may vary by region. We have defined some terms that we use throughout the Privacy Policy. You can find the meaning of a capitalized term in the Definitions section. Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Policy. 2. What Personal Data Do We Collect? The primary purpose for collecting your Personal Data is to provide you with a secure, smooth, efficient, and customised experience. We may collect information about you when you visit our Sites or use our Services, including the following: Registration and use information – When you register to use our Services by establishing an Account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with your name, postal address, telephone number, email address and identification information to establish an Account. We may require you to provide us with additional Personal Data as you use our Services. Transaction and experience information – When you use our Services or access our Sites, for example, to make purchases from merchants, to receive money, to process payments, or to send money to friends and family, we collect information about the transaction, as well as other information associated with the transaction such as amount sent or requested, amount paid for products or services, merchant information, including information about any funding instruments used to complete the transaction, Device Information, Technical Usage Data, and Geolocation Information. Participant information – When you use our Services or access our Sites, we collect Personal Data you provide us about the other participants associated with the transaction. Send or request money: When you send or request money through the Services, we collect Personal Data such as name, postal address, telephone number, and financial account information about the participant who is receiving money from you or sending money to you. The extent of Personal Data required about a participant may vary depending on the Services you are using to send or request money. Pay or request someone else to pay a bill: If you use our Services to pay a bill for the benefit of someone else, or if you request a User to pay a bill for you, we collect Personal Data from you about the account holder such as name, postal address, telephone number, email address, and account number of the bill that you intend to pay or request to be paid. Add value to your accounts: If you use our Services to add value to your Account or any other account you may have, or if you ask a User to add value to any of these accounts, we may collect Personal Data from you about the other party, or from the other party about you to facilitate the request. For example, if you use our Services to reload a mobile phone, or to request value be added to your mobile account, we may collect Personal Data and other information including mobile account number from the other participant. Information about your friends and contacts – It may be easier for us to help you transact with your friends and contacts if you provide Personal Data such as name, email address and telephone number about your friends and contacts while using a Service or if you connect your contact list or friend list to your Account. If you choose to connect your contact list information on your device with your Account and/or establish an account connection between a social media platform and your Account, we will collect and use your contact list or friend list information to improve your experience when you use the Services. Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Policy. Information about you if you transact as a guest – Certain limited Services are available without being required to log in to or establish an Account, also referred to as Guest Transactions. We will collect Personal Data, information about any funding instrument used to complete a Guest Transaction, Device Information, Technical Usage Data, and Geolocation Information as necessary to provide the requested Guest Transactions. If you are an Account holder and choose to make a Guest Transaction, we will collect information about the transaction and may associate it with your Account. If you are not an Account holder and choose to make a Guest Transaction, we will collect and store all information you provide and use and share such information in accordance with this Privacy Policy. Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, and credit bureaus, where permitted by law. Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey. 3. Why Do We Retain Personal Data? We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such Personal Data in accordance with this Privacy Policy. 4. How Do We Process Personal Data? We may Process your information for the following reasons: To operate the Sites and provide the Services, including to: execute a payment, send or request money, add value to an account, or pay a bill; confirm your identity; authenticate your access to an Account; communicate with you about your Account, the Sites, the Services, or PayPal; create an account connection between your Account and a third-party account or platform; and perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites’ performance and functionality. For example, we analyze User behavior and perform research about the way you use our Services. To manage risk and protect the Sites, the Services and you from fraud by verifying your identity, and helping to detect and prevent fraud and abuse of the Sites or Services. To market to you by delivering marketing materials about PayPal products and online Services and the products and services of unaffiliated businesses. We may also Process your Personal Data to tailor certain Services or Site experiences to better match our understanding of your interests. To provide personalized Services offered by PayPal on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Policy to provide a targeted display, feature or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as advertising or analytics companies to provide these online services. To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalized content. To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations. To make it easier for you to find and connect with others, we may use your information you have shared with the Service to suggest connections between you and people you may know. For example, we may associate information that we learn about you through your and your contacts’ use of the Services, and information you and others provide to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service. To respond to your requests, for example to contact you about a question you submitted to our customer service team. 5. Do We Share Personal Data? We may share your Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Policy. We may share your Personal Data or other information for the following reasons: With other members of the PayPal corporate family: We may share your Personal Data with members of the PayPal family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of PayPal products, Services, and communications. With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support. With other financial institutions that we have partnered with to jointly create and offer a product or service: We may share Personal Data with other financial institutions that we have partnered with to jointly create and offer a product. These financial institutions may only use this information to market and offer PayPal-related products, unless you have given consent for other uses. With the other parties to transactions when you use the Services, such as other Users, merchants, and their service providers: We may share information with the other participants to your transactions, including other Users you are sending or receiving funds from, and merchants or their service providers when you use the Services to pay for goods or services. The information includes: Personal Data necessary to facilitate the transaction; information to help other participant(s) resolve disputes and detect and prevent fraud; and aggregated data and performance analytics to help merchants better understand Users and to help merchants enhance Users’ experiences. With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for PayPal’s business purposes or as permitted or required by law, including: if we need to do so to comply with a law, legal process or regulations; to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to PayPal or PayPal’s corporate family; if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; to protect the vital interests of a person; to investigate violations of or enforce a user agreement or other legal terms applicable to any Service; to protect our property, Services and legal rights; to facilitate a purchase or sale of all or part of PayPal’s business; in connection with shipping and related services for purchases made using a Service; to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants, such as eBay, Inc.; to banking partners as required by card association rules for inclusion on their list of terminated merchants; to credit reporting and collection agencies; to companies that we plan to merge with or be acquired by; and to support our audit, compliance, and corporate governance functions. With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform. In addition, PayPal may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services. This data will not personally identify you or provide information about your use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes without your consent. 6. How Do We Work with Other Services and Platforms? A significant benefit and innovation of PayPal’s Services is that you can connect your Account with a third-party account or platform. For the purposes of this Privacy Policy, an “account connection” with such a third-party is a connection you authorize or enable between your Account and a non-PayPal account, payment instrument, or platform that you lawfully control or own. When you authorize such a connection, PayPal and the third-party will exchange your Personal Data and other information directly. Examples of account connections include: linking your Account to a social media account or social messaging service; connecting your Account to a third-party data aggregation or financial services company, if you provide such company with your Account log-in credentials; or using your Account to make payments to a merchant or allowing a merchant to charge your Account. If you choose to create an account connection, we may receive information from the third-party about you and your use of the third-party’s service. For example, if you connect your Account to a social media account, we will receive Personal Data from the social media provider via the account connection. If you connect your Account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and transactional information, such as purchases and funds transfers. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Privacy Policy. Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your Personal Data as part of the account connection. For example, Personal Data that PayPal shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices. 7. How Do We Use Cookies and Tracking Technologies? When you visit our Sites, use our Services, or visit a third-party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible. Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals. Please review our Statement on Cookies and Tracking Technologies to learn more about how we use Cookies. 8. What Privacy Choices Are Available To You? You have choices when it comes to the privacy practices and communications described in this Privacy Policy. Many of your choices may be explained at the time you sign up for or use a Service or in the context of your use of a Site. You may be provided with instructions and prompts within the experiences as you navigate the Services. Choices Relating to the Personal Data We Collect Personal Data. You may decline to provide Personal Data when it is requested by PayPal, but certain Services or all of the Services may be unavailable to you. Location and other device-level information. The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that PayPal may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available in the device. Choices Relating to Our Use of Your Personal Data Online Tracking and Interest-Based Advertising. We work with partners and third-party service providers to serve you advertising using ad-related cookies and web beacons. You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites. For more information on third-party advertising-related cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit Your Ad Choices. Personalized Services offered by PayPal on third-party websites and services. You may manage your preferences for other PayPal Services that are personalized and offered to you on third-party websites from your Account. We may also provide you with instructions and prompts on how to manage your preferences within the Service experience. Finding and connecting with others. If available, you may manage your preferences for finding and connecting with others from your account of the Service you use. Choices Relating to Account Connections If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have. Choices Relating to Cookies You may have options available to manage your cookies preferences. For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site. You may have an option regarding the use of cookies and other tracking technologies when you use a Service or visit parts of a Site. For example, you may be asked if you want the Service or Site to “remember” certain things about you, and we will use cookies and other tracking technologies to the extent that you permit them. You can learn more about our cookies and tracking technologies by visiting the Statement on Cookies and Tracking Technologies page. Choices Relating to Your Registration and Account Information If you have an Account, you generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact us if you do not have an Account or if you have questions about your Account information or other Personal Data. Choices Relating to Communication Notices, Alerts and Updates from Us: Marketing: We may send you marketing content about our Sites, Services, products, products we jointly offer with financial institutions, as well as the products and services of unaffiliated third parties and members of the PayPal corporate family through various communication channels, for example, email, text, pop-ups, push notifications, and messaging applications. You may opt out of these marketing communications by following the instructions in the communications you receive. If you have an Account with us, you may also adjust your communication preferences in your Account settings. For messages sent via push notifications, you may manage your preferences in your device. Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us. You may not opt out of receiving these communications. However, you may be able to adjust the media and format through which you receive these notices. 9. How Do We Protect Your Personal Data? We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized. 10. Can Children Use Our Services? The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13. 11. What Else Should You Know? Changes to This Privacy Policy. We may revise this Privacy Policy from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Policy will be effective as of the published effective date. If the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the “Policy Update” page of our website. We also may notify Users of the change using email or other means. Transfers of Your Personal Data to Other Countries Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and Process your Personal Data in the United States of America and elsewhere in the world. We will protect your information as described in this Privacy Policy if your Personal Data is transferred to other countries. By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction. 12. Contact Us You may contact us if you have general questions about our Privacy Policy and practices or questions about your Account information or Personal Data. We want to make sure your questions go to the right place: Click here to contact us about your PayPal account Alternatively, you can contact us at: Email: auexecutiveescalations@paypal.com Mail: Privacy Officer PayPal Australia GPO Box 351 Sydney NSW 2001 Handling your complaints We aim to: Acknowledge receipt of all complaints within 5 business days. Resolve all complaints within 45 days. This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint. If you are not satisfied with the outcome of your complaint, you may wish to contact the Financial Ombudsman Service for most complaints about your credit information. Alternatively, you may contact the Office of the Australian Information Commissioner. 13. Definitions Account means a PayPal member account. Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device; and biometric data (e.g., Touch ID/Fingerprint to verify your identity). Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them. Guest Transaction means a person’s use of the Services without logging into and/or establishing an Account. PayPal means PayPal Australia Pty Ltd ABN 93 111 195 389, AFSL 304962 and subsidiaries or affiliates. In this Privacy Policy, PayPal is sometimes referred to as “we,” “us,” or “our,” depending on the context. Personal Data means information that can be associated with an identified or identifiable person. “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver’s licence number, national ID, or passport). Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data. Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by PayPal in connection with an Account or Guest Transaction. Sites means the websites, mobile apps, official social media platforms, or other online properties through which PayPal offers the Services and which has posted or linked to this Privacy Policy. Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies. User means an individual who uses the Services or accesses the Sites and has established a relationship with PayPal (for example, by opening an Account and agreeing to the PayPal) or otherwise uses the Services as a buyer, seller or other type of participant to a transaction, including a Guest Transaction. Bolinda Digital Terms and Conditions Welcome to BorrowBox Your library has entered into an agreement with Bolinda Digital Pty Ltd ("Bolinda Digital") to provide you with access to the Bolinda Digital Service (the "Service"). This Service allows you to borrow digital content for a fixed loan period. By using the Bolinda Digital Service, you are entering into a legally binding agreement (the "Agreement") with Bolinda Digital. This Agreement and any updates, additional software licenses and all of Bolinda Digital's policies collectively constitute your Agreement with Bolinda Digital. To agree to these terms, click "Agree". If you do not agree to these terms, do not click "Agree" and do not use the Service. This Agreement allows you to use digital content under the terms and conditions set out below. 1. If you are under the age of 18 If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations. 2. Bolinda Digital Privacy Policy This Agreement is subject to the Bolinda Digital Privacy Policy, which is expressly incorporated into this Agreement. If you have not already read Bolinda Digital's Privacy Policy, you should do so now before using the Service. 3. Objectionable material By using the Service, you may encounter content that may be deemed offensive, indecent or objectionable. There may be no warning of this. You agree to use this Service at your sole risk and Bolinda Digital has no liability to you for content that may be found to be offensive, indecent or objectionable. 4. Your Information It is a condition of use that you provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service. You must maintain and update your registration as required to keep it accurate, current and complete. Bolinda Digital may terminate your rights to use the Service if any information you provide is false, inaccurate or incomplete. You agree that Bolinda Digital may store and use your information you provide for use in maintaining your account. 5. Responsibility for your account When you become a registered user of the Service, you will be required to set up an account. You are solely responsible for maintaining the confidentiality and security of your account. You must not reveal your account information to anyone else. You must not use anyone else's account or allow anyone to use your account. You are entirely responsible for all activities that occur through your account, and you agree to immediately notify Bolinda Digital of any unauthorised use of your account or any breach of security. Bolinda Digital will not be responsible for any losses arising out of the unauthorised use of your account. 6. Digital Content License When you download Content from the Service, Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to download or stream the Content to your computer or one portable media player solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. You must not decompile, disassemble, reverse engineer, modify or create derivative works from the files. Your licence will be for the duration of the term specified. You will receive a reminder email at the end of the loan term telling you that you must delete the files. Because you are downloading files on a borrowing licence, you must delete them when the term is over. Your obligation to delete the files exists even if you do not receive the reminder email. Failure to delete files will constitute a breach of the copyright licence and Bolinda Digital may suspend your access to the Service temporarily or permanently. 7. Website Access License The Bolinda Digital Service is provided to you by your library. Bolinda Digital grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of this website and not to download (other than page caching) or modify all or any portion of it. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any use or reproduction of logos or images of Bolinda Digital, its content providers or its affiliates; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website and/or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilise framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) of Bolinda Digital, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilising our name or trade marks without our express written consent. Any unauthorised use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of this website so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Bolinda Digital or BorrowBox logo or other proprietary graphic or trade mark as part of the link without express written permission. 8. Security Content transacted through the Service incorporates active security technology that allows tracing of files back to borrowers, particularly whether files have been made available for sale or resale, or through file sharing or peer-to-peer networks. By using the Service, you consent to the tracing and identification of files by Bolinda Digital and its agents. If it is detected that you have attempted to sell or share files, your access to the Service may be suspended temporarily or permanently and you may be prosecuted for copyright infringement. You must not attempt to, or assist another person to attempt to, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to these rules for any reason whatsoever. Bolinda Digital reserves the right to enforce usage rules with or without notice to you. You agree that you will not access the software that allows access to the Service by any other means than that which is provided by Bolinda Digital. You agree that you will not modify the software in any manner or use modified versions for any purpose including but not limited to obtaining unauthorised access to the Service. Any violation of the Service or security may result in civil or criminal liability. 9. Consent to gathering of information By using the Service, you consent to Bolinda Digital contacting your library for information about you in order to enforce any access restrictions that your library may determine. Bolinda Digital may also store and use information on your borrowing history to make recommendations that Bolinda Digital believes may be of interest to you. Bolinda Digital’s communication with your library shall always be in accordance with applicable privacy laws and the Bolinda Digital Privacy Policy. 10. Confidentiality and Data Protection Bolinda Digital will maintain confidentiality of your data and will make reasonable efforts to prevent any unauthorised use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary to properly provide the Service. Wherever Bolinda Digital determines the means and purposes of the processing of any information relating to an identifiable person who can be directly or indirectly identified, in particular by reference to an identifier such as a name or identification number (“Personal Data”), Bolinda Digital will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal Data, and the terms of Bolinda Digital’s Privacy Policy shall apply to such processing. Bolinda Digital will in accordance with its Privacy Policy: a) Comply at all times with applicable privacy and data protection laws; b) Take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of you, (ii) sensitive information about you and (iii) your Personal Data; and c) Take reasonable steps to notify you if Bolinda Digital becomes aware of any disclosure of (i) your Personal Data or other data that can be used to establish the identity of you, or (ii) sensitive information about you that is associated with you. 11. Limitation of downloads Bolinda Digital may limit your use of the Service to a particular number of downloads for a specific period, depending on the terms of its agreement with your library. The limitations, number of downloads and period duration are subject to change at any time without notice. Your use of the Service may also be limited or terminated if you breach this Agreement. 12. Uploading and posting information The Service may allow you to interact with or submit or post information, reviews, materials, links to third parties accessible and viewable by other users. You represent and agree that any use by you including any information or materials or links submitted or posted by you will be your sole responsibility and will not violate or infringe the rights of any party or breach any laws, contribute or encourage infringement or otherwise unlawful conduct or obscene objectionable material and that you have obtained all necessary rights, licenses or clearances. You also agree to provide complete, accurate information in connection with your submission or posting of information or materials on the Service. Bolinda Digital reserves the right to not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. 13. Intellectual Property You agree that the Service including but not limited to Products, graphics, user interface, audio clips, editorial content and the scripts and software used to implement the Service, contains proprietary information that is owned by Bolinda Digital and/or its licensors and is protected by applicable intellectual property laws and other laws, including but not limited to copyright. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner and you will not exploit the Service in any unauthorised way whatsoever. All copyright in and to the Service including but not limited to the compilation of content, postings, links to other resources or Internet resources and software are owned by Bolinda Digital and/or its licensors. Bolinda Digital reserves all its rights at law or in equity. Any infringement of the intellectual property rights of Bolinda Digital may subject you to civil and criminal penalties including possible monetary damages. Any trade marks, service marks or graphics and logos used in connection with the Service are owned by or registered in the name of Bolinda Digital. You must not use or copy any trade marks, logos or graphics in any way whatsoever. Bolinda Digital may provide you with limited access to download certain album cover art for eAudiobooks, subject to availability. Bolinda Digital does not warrant or endorse and does not assume and will not have any liability or responsibility for album art cover or your use of that cover art. Album cover art is provided for personal, non-commercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any third party. 14. Termination If you fail or Bolinda Digital suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Bolinda Digital with a valid credit card or with accurate and complete account registration, violation of the usage rules or any license to the software or infringement or other violation of third party rights, Bolinda Digital at its sole discretion and without notice to you may terminate this Agreement and/or your Account and you will remain liable for all amounts due under your account to and including the date of termination and/or Bolinda Digital will terminate the license to the software and/or prevent access to the Service. Bolinda Digital reserves the right to change, modify, suspend or discontinue the Service at any time with or without notice to you. Bolinda Digital will not be liable to you or to any third party should it choose to exercise those rights. Bolinda Digital reserves the right to take any appropriate steps it believes to be necessary to enforce and/verify compliance with any part of this Agreement - including Bolinda Digital's right to cooperate with any legal process relating to your use of the Service and or the Products or that your use of the Service and/Products infringes the rights of third parties. You agree that Bolinda Digital has the right to disclose any account information or data to law enforcement authorities, government official or third parties to your use of the Service and/or Products is unlawful and/or infringes a third parties rights. 15. Disclaimer and Limitation of Liability Bolinda Digital does not guarantee, represent or warrant that your use of the Service will be uninterrupted, delay-free or error free, and you agree that from time to time Bolinda Digital may remove the Service for indefinite periods of time, or cancel the Service at any time, without notice to you. Bolinda Digital is also not responsible for technical failures or any failures resulting from actions of its third party content providers and technical service providers. In no case will Bolinda Digital, its directors, officers, employees, agents or licensors be liable for any direct, indirect, incidental, special or consequential damages (including any damage caused to equipment, computers or portable media players) arising out of your use of the Service or for any other claim related in any way to your use of the Service, including but not limited to loss or damage of any kind as a result of the use of any content transmitted or otherwise made available to you via the Service, even if advised of the possibility. Bolinda Digital does not represent or guarantee that the Service will be free from loss, corruption, viruses, interference, hacking or other security intrusion. Bolinda Digital disclaims any liability relating to security intrusions. Bolinda Digital does not represent or guarantee that files downloaded using the Service can be played or accessed using your equipment, that such files are complete, audible or legible or that they confirm with the descriptions on the website. While Bolinda Digital will take all reasonable precautions to protect information submitted by you, it is not liable for any loss of information, whether such loss occurs due to unauthorised access to records or hacking or due to security breaches of third party credit card merchant facility providers. By using the Service, you agree to indemnify and hold Bolinda Digital, its directors, employees, agents and licensors harmless with respect to any claim arising out of your breach of this Agreement, your use of the Service or any action taken by Bolinda Digital as a part of its investigation of a suspected violation of this Agreement, or as a result of finding that a violation has occurred. This means you cannot sue Bolinda Digital, its directors, employees, agents and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, suspend or terminate your access to the Service. 16. Bolinda Digital may make changes Bolinda Digital reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify this Agreement and to impose new or additional rules to your use of the Service. All updates, revisions, modifications and new rules will be effective immediately and incorporated into this Agreement. Your continued use of the Service following changes to this Agreement are deemed to constitute your acceptance of any new and additional terms to the Agreement. If the changes are significant or may materially impact upon your rights, we will provide a more prominent notice or contact you by other means (including, for certain services, email notification of Privacy Policy changes). No Bolinda Digital employee or affiliate library has the authority to vary any of the terms in this Agreement. 17. Victorian law applies The laws of the State of Victoria, Australia govern this Agreement and your use of the Service. You agree that the exclusive jurisdiction for any claim or dispute with Bolinda Digital or your use of the Service resides in the applicable courts of the State of Victoria, Australia. Bolinda Digital Privacy Policy Bolinda Digital Pty Ltd (“Bolinda Digital”) is the provider of this online library service to your library. We provide eMedia, such as eAudiobooks and eBooks, and make them available for you to borrow and enjoy via this online library service. This Privacy Policy governs the collection, use, and disclosure of personal information that may be collected by Bolinda Digital as a data controller any time you interact with the online library service. By using the service, you are accepting the practices described in this Privacy Policy. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, and how we safeguard your personal information. Your privacy is a priority at Bolinda Digital and we go to great lengths to protect it. This Privacy Policy does not apply to, and Bolinda Digital is not responsible for, any third party websites which may be accessible through links from this website or our service. Why do we collect personal information? We collect personal information to deliver our service to you and to help us deliver a superior level of customer service. Your personal information helps us keep you up to date with the latest eMedia releases, online library service updates, special offers, and other relevant information from Bolinda Digital or our partners. We tailor this information based on your preferences, what we think you might like to hear about, and where you have indicated you would like to receive these from us. Also, via the choices you make and the feedback you may provide, we learn ways to improve our service and its delivery. This includes customising future borrowing for you and making improvements in our content so that it is presented in the most effective and secure manner for you and the device on which you are accessing our services and allows us to troubleshoot and improve our online services. We also collect personal information to respond to your enquiries; to carry out our obligations in providing the service; to facilitate our internal business operations, including to fulfil our legal or regulatory requirements; to maintain and develop our relationship with you. As well as for our business purposes, including data analysis, detecting, preventing, and responding to actual or potential fraud; illegal activities, or intellectual property infringement, to maintain and update our records including our database of contacts; and to provide you ongoing information and services. We process personal information where we believe it is reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protect your, our, or others’ rights. We may not be able to do some or all of these things without your personal data. What personal information do we gather? Information you give to us: You provide information when you search, borrow, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a title; borrow a title; provide information in your My Account; communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; participate in discussion boards or other community features; provide and rate reviews; and specify a special occasion reminder. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; content of reviews and e-mails to us; and personal description and photograph in your profile. You can choose not to provide certain information, but then many of our service features will not be available to you. Automatically: Examples of the information we collect and analyse include the Internet Protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; borrowing records; the full Uniform Resource Locator (URL) clickstream to, through, and from our website, including date and time; cookie number. We may also use browser data such as cookies. During some visits we may use cookies to measure and collect session information, including page response times and length of visits to certain pages. Information from other sources: We may collect information from other sources, such as social media platforms that share information about how you interact with our social media content, and any information gathered through these channels will be governed by the privacy settings, policies, and/or procedures of the applicable social media platform, which we strongly encourage you to review. Other examples of information we receive from other sources include ID and password information from client libraries or other third parties, which we use to correct our records and account information. We obtain further detailed information from libraries only if there has been a breach of copyright or other laws. We will handle any unsolicited information in accordance with the law, including destroying or de-identifying such information where we are required to do so. How do we use cookies? Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and store information between visits. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. If you block cookies, it may prevent the delivery of the complete service to you. What is our legal basis for usage of personal data? Where we intend to use your personal data, we rely on the following legal grounds: Performance of a contract: We may need to collect and use your personal data to enter into a contract with you for the BorrowBox service. For example, in order to deliver an audiobook to you in accordance with our Terms & Conditions. Legitimate interests: Where we consider use of your information as being (a) non-detrimental to you, (b) within your reasonable expectations, and (c) necessary for our own, or a third party’s legitimate purpose, we may use your personal data, which may include for our own direct marketing or continued communication; the prevention of fraud; our own internal administrative purposes; personalisation of the service(s) we provide to you; ensuring network and information security, including preventing unauthorised access to electronic communications networks and stopping damage to computer and electronic communication systems; and/or reporting possible criminal acts or threats to public security to a competent authority. Compliance with a legal obligation: We may be required to process your information due to legal requirements, including copyright infringement and other regulatory provisions applicable to Bolinda Digital as a provider of eMedia services. Consent: You may be asked to provide your consent in connection with certain services that we offer, for example in respect of any processing of your personal data for our marketing purposes where you are not a customer of Bolinda Digital. Where we are reliant upon your consent, you may withdraw this at any time by contacting us using the details below, however please note that we will no longer be able to provide you with the products or services that rely on having your consent. Do we share information with third parties? We share information only with referring libraries, content providers, third party service providers and security monitoring agents. We do not sell information to third parties. We do not provide information to third parties for the purposes of marketing products to you, other than to your library and only where you have indicated you would like to receive the information. We provide information only for the following purposes: To ensure compliance with the Terms and Conditions of using the Bolinda Digital Service To assist with the provision of services to you To share with law enforcement bodies or other government authority When we need to enforce or apply our terms and conditions to which you have agreed When we are under a legal, regulatory or professional obligation to do so (for example, in order to comply with a Court Order). Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the protections in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). If Bolinda Digital Pty Ltd is acquired, customer information will be one of the transferred assets. However, if you are using the Bolinda Digital Service through a community library, the information supplied by the library will not be part of the transferable business assets. Third party services: We use third party service providers to provide services that involve data processing, for example archival, web-hosting, analytics providers in connection with the operation of our online services, information technology providers, auditing, professional advisory (including legal and business consulting), mailing vendors, delivery, technology, website, research, client contact, data processing, insurance, litigation support, marketing and security services. Protection of Bolinda Digital and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Bolinda Digital, our content providers, our users, or others. This includes exchanging information with other companies and organisations for copyright infringement and fraud protection. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. International Transfers Where you are submitting personal data from within the European Economic Area (“EEA”), such information may be transferred to other countries outside the EEA. For example, this may happen if one or more of our third-party service providers with whom we share personal data in accordance with the previous section are located, or have their servers located, outside your country or the country from which the data was provided. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected. How secure is information about me? We work to protect the security of your information in electronic or physical form, including during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information you input. Our information security policy is supported by a variety of processes and procedures, and we store information in access-controlled premises or electronic databases requiring logins and passwords. All employees, officers or contractors of Bolinda Digital and third party providers with access to confidential information are subject to access controls and confidentiality obligations, and we require our third-party data storage providers to comply with appropriate information security industry standards. Whilst we continually strive to ensure that our systems and controls are updated to reflect technological changes, the transmission of information via the internet is not completely secure, and as such we cannot guarantee the security of your data transmitted to our online services which is at your own risk. If you communicate with us using non-secure web platforms, you assume the risks that such communications between us are intercepted, not received, delayed, corrupted or are received by persons other than the intended recipient. Once we have received your information, we will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure. You can help us to keep your information secure by ensuring that any user name or password in relation to our online services is kept strictly personal to you and not be made available to any other person. It is important for you to protect against unauthorised access to your computer. Be sure to sign off when you have finished using a shared computer. What information can I access and what rights do I have? You can update your information at any time by clicking on "My Account". You can also contact us to update or correct your information if this changes or if you believe that any information that we have collected about you is inaccurate using the details below. You are entitled to request that we provide you with a copy of all information we store in relation to your account. You can always choose not to provide information. If the information is needed for a transaction - such as to borrow an eAudiobook - then the transaction will not proceed. You can add or update certain information on pages such as "My Account". When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mails or other mail from us, please adjust your Customer Communication Preferences. (If you do not want to receive Conditions of Use and other legal policies from us, such as this Privacy Policy, those policies will still govern your use of BorrowBox. You will need to agree to changes to proceed.) Where you have consented to our processing of certain personal data, you can at any time withdraw such consent and/or tell us not to contact you with updates and information regarding our products and services (or part of them) either at the point such information is collected, (by leaving the relevant box unticked) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. Please note that where you withdraw your consent we will no longer be able to provide you with the products or services that rely on having your consent. You can also exercise this right at any time by contacting us using the contact details at the end of this Privacy Policy. You can request: corrections or updates to your details the erasure of your personal data the portability of personal data that you have provided to us in a structured, commonly used and machine-readable format the identity and contact details of the person or organisation that has determined how and why to process your data The purpose of the processing as well as the legal basis for processing If the processing is based on the legitimate interests of Bolinda Digital or a third party, information about those interests The categories of personal data collected, stored and processed Recipient(s) or categories of recipients that the data is/will be disclosed to How long the data will be stored The source of personal data if it wasn’t collected directly from you Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing. You also have the right to object to, or request the restriction of, our use of your personal data. If you would like to exercise any of the rights set out in this section, please contact us using the details below. We may refuse to provide access where we have legitimate reasons for doing so under applicable data privacy laws, and in exceptional circumstances may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision. You may submit a complaint to the Information Commissioners Office, details of which can be found at https://ico.org.uk/global/contact-us. If you make a privacy complaint, we will respond to let you know how your complaint will be handled. We may ask you for further details, consult with other parties and keep records regarding your complaint. Are children allowed to use BorrowBox? Yes, but any person under the age of 18 must review this Privacy Policy and the Bolinda Digital Terms and Conditions with a parent or guardian before agreeing to make sure that they and their parent or guardian understand their legal rights and obligations. Conditions of Use, Policies, and Revisions If you choose to visit BorrowBox, your visit and any dispute over privacy is subject to this Policy and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Victoria, Australia. If you have any concern about privacy at Bolinda Digital, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Policy and the Conditions of Use will change also. We may e-mail periodic reminders of our policies and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We stand behind the promises we make, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Information you can access Examples of information you can access easily on BorrowBox include up-to-date information regarding recent titles accessed or borrowed; personally identifiable information (including name, e-mail, password and communications preferences); e-mail notification settings; and recommendations. Contact If you have any questions, concerns or comments about this Privacy Notice, or want to submit a written complaint about how we handle your personal data, please contact us: Our contact details are as follows: Privacy Officer at Bolinda Digital Pty Ltd Email: Privacy@bolindadigital.com EU Representative at Bolinda UK Ltd Email: Privacyeu@bolindadigital.com Instagram Terms of Use Note: Our Terms of Use are changing. You can view our previous Terms of Use here. Welcome to Instagram! These Terms of Use govern your use of Instagram and provide information about the Instagram Service, outlined below. When you create an Instagram account or use Instagram, you agree to these terms. The Instagram Service is one of the Facebook Products, provided to you by Facebook, Inc. These Terms of Use therefore constitute an agreement between you and Facebook, Inc. The Instagram Service We agree to provide you with the Instagram Service. The Service includes all of the Instagram products, features, applications, services, technologies, and software that we provide to advance Instagram's mission: To bring you closer to the people and things you love. The Service is made up of the following aspects (the Service): Offering personalized opportunities to create, connect, communicate, discover, and share. People are different. We want to strengthen your relationships through shared experiences you actually care about. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Instagram, based on things you and others do on and off Instagram. Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with other Facebook Companies or law enforcement. Learn more in the Data Policy. Developing and using technologies that help us consistently serve our growing community. Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service. Providing consistent and seamless experiences across other Facebook Company Products. Instagram is part of the Facebook Companies, which share technology, systems, insights, and information-including the information we have about you (learn more in the Data Policy) in order to provide services that are better, safer, and more secure. We also provide ways to interact across the Facebook Company Products that you use, and designed systems to achieve a seamless and consistent experience across the Facebook Company Products. Ensuring a stable global infrastructure for our Service. To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by Facebook Inc., Facebook Ireland Limited, or their affiliates. Connecting you with brands, products, and services in ways you care about. We use data from Instagram and other Facebook Company Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Instagram. Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community. The Data Policy Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the Facebook Products. It also explains the many ways you can control your information, including in the Instagram Privacy and Security Settings. You must agree to the Data Policy to use Instagram. Your Commitments In return for our commitment to provide the Service, we require you to make the below commitments to us. Who Can Use Instagram. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community. You must be at least 13 years old or the minimum legal age in your country to use Instagram. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing. We must not have previously disabled your account for violation of law or any of our policies. You must not be a convicted sex offender. How You Can't Use Instagram. Providing a safe and open Service for a broad community requires that we all do our part. You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on Instagram, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission. You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose. You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular the Instagram Community Guidelines, Instagram Platform Policy, and Music Guidelines. Learn how to report conduct or content in our Help Center. You can't do anything to interfere with or impair the intended operation of the Service. You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission. You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users. You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, here. You can't use a domain name or URL in your username without our prior written consent. Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center. Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings. You agree that we can download and install updates to the Service on your device. Additional Rights We Retain If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission. You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. Content Removal and Disabling or Terminating Your Account We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Instagram Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Instagram Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted. Our Agreement and What Happens if We Disagree Our Agreement. Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Platform Policy. If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern. If any aspect of this agreement is unenforceable, the rest will remain in effect. Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. We reserve all rights not expressly granted to you. Who Has Rights Under this Agreement. This agreement does not give rights to any third parties. You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. Who Is Responsible if Something Happens. Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. How We Will Handle Disputes. If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. Unsolicited Material. We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential. Updating These Terms We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here. Revised: April 19, 2018 Instagram Data Policy Note: Our Data Policy is changing. You can view our previous Privacy Policy here. This policy describes the information we process to support Facebook, Instagram, Messenger and other products and features offered by Facebook (Facebook Products or Products). You can find additional tools and information in the Facebook Settings and Instagram Settings. I. What kinds of information do we collect? To provide the Facebook Products, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting the Facebook Settings and Instagram Settings. Things you and others do and provide Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide, such as our camera, so we can do things like suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described below. Learn more about how you can control who can see the things you share. Data with special protections: You can choose to provide information in your Facebook profile fields or Life Events about your religious views, political views, who you are "interested in," or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below. Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features like our camera. Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details. Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information. Device Information As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalize the content (including ads) or features you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device. Information we obtain from these devices includes: Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots). Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Facebook Company Products associated with the same device or account). Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers. Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos. Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV. Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Facebook Cookies Policy and Instagram Cookies Policy. Information from partners Advertisers, app developers, and publishers can send us information through Facebook Business Tools they use, including our social plug-ins (such as the Like button), Facebook Login, our APIs and SDKs, or the Facebook pixel. These partners provide information about your activities off Facebook—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have a Facebook account or are logged into Facebook. For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its store. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us. Learn more about the types of partners we receive data from. To learn more about how we use cookies in connection with Facebook Business Tools, review the Facebook Cookies Policy and Instagram Cookies Policy. II. How do we use this information? We use the information we have (subject to choices you make) as described below and to provide and support the Facebook Products and related services described in the Facebook Terms and Instagram Terms. Here's how: Provide, personalize and improve our Products. We use the information we have to deliver our Products, including to personalize features and content (including your News Feed, Instagram Feed, Instagram Stories and ads) and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places, or things you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Facebook and Instagram experience, including features, content and recommendations in Facebook Products; you can also learn more about how we choose the ads that you see. Information across Facebook Products and devices: We connect information about your activities on different Facebook Products and devices to provide a more tailored and consistent experience on all Facebook Products you use, wherever you use them. For example, we can suggest that you join a group on Facebook that includes people you follow on Instagram or communicate with using Messenger. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Facebook Product when you sign up for an account on a different Product. Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of Facebook Products (such as check-ins or events you attend). Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features. Face recognition: If you have it turned on, we use face recognition technology to recognize you in photos, videos and camera experiences. The face-recognition templates we create may constitute data with special protections under the laws of your country. Learn more about how we use face recognition technology, or control our use of this technology in Facebook Settings. If we introduce face-recognition technology to your Instagram experience, we will let you know first, and you will have control over whether we use this technology for you. Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you. Learn more about how we select and personalize ads, and your choices over the data we use to select ads and other sponsored content for you in the Facebook Settings and Instagram Settings. Provide measurement, analytics, and other business services. We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. Learn how we share information with these partners. Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Facebook Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help. To learn more, visit the Facebook Security Help Center and Instagram Security Tips. Communicate with you. We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us. Research and innovate for social good. We use the information we have to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. For example, we analyze information we have about migration patterns during crises to aid relief efforts. Learn more about our research programs. III. How is this information shared? Your information is shared with others in the following ways: Sharing on Facebook Products People and accounts you share and communicate with When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Facebook, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people. Similarly, when you use Messenger or Instagram to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Facebook or Instagram Stories. Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your Instagram username; any information you share with a public audience; information in your public profile on Facebook; and content you share on a Facebook Page, public Instagram account or any other public forum, such as Facebook Marketplace. You, other people using Facebook and Instagram, and we can provide access to or send public information to anyone on or off our Products, including in other Facebook Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products. Learn more about what information is public and how to control your visibility on Facebook and Instagram. Content others share or reshare about you You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our Products, in person or in virtual reality experiences such as Facebook Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a Story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content. Information about your active status or presence on our Products. People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Instagram, Messenger or Facebook, or when you last used our Products. Apps, websites, and third-party integrations on or using our Products. When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products, they can receive information about what you post or share. For example, when you play a game with your Facebook friends or use a Facebook Comment or Share button on a website, the game developer or website can receive information about your activities in the game or receive a comment or link that you share from the website on Facebook. Also, when you download or use such third-party services, they can access your public profile on Facebook, and any information that you share with them. Apps and websites you use may receive your list of Facebook friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your Facebook friends from you, or information about any of your Instagram followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of Facebook and Instagram (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you. Note: We are in the process of restricting developers’ data access even further to help prevent abuse. For example, we will remove developers' access to your Facebook and Instagram data if you haven't used their app in 3 months, and we are changing Login, so that in the next version, we will reduce the data that an app can request without app review to include only name, Instagram username and bio, profile photo and email address. Requesting any other data will require our approval. New owner. If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner. Sharing with Third-Party Partners We work with third-party partners who help us provide and improve our Products or who use Facebook Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with: Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Facebook Products. For example, Page admins and Instagram business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Facebook ads led you to make a purchase or take an action with an advertiser. Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners. Partners offering goods and services in our Products. When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details. Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys. Researchers and academics. We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. Law enforcement or legal requests We share information with law enforcement or in response to legal requests in the circumstances outlined below. Learn more about how you can control the information about you that you or others share with third-party partners in the Facebook Settings and Instagram Settings. IV. How do the Facebook Companies work together? Facebook and Instagram share infrastructure, systems and technology with other Facebook Companies (which include WhatsApp and Oculus) to provide an innovative, relevant, consistent and safe experience across all Facebook Company Products you use. We also process information about you across the Facebook Companies for these purposes, as permitted by applicable law and in accordance with their terms and policies. For example, we process information from WhatsApp about accounts sending spam on its service so we can take appropriate action against those accounts on Facebook, Instagram or Messenger. We also work to understand how people use and interact with Facebook Company Products, such as understanding the number of unique users on different Facebook Company Products. V. How can I manage information about me? We provide you with the ability to access, rectify, port and erase your data. Learn more in your Facebook Settings and Instagram Settings. We store data until it is no longer necessary to provide our services and Facebook Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Facebook, you can access and delete that query from within your search history at any time, but the log of that search is deleted after 6 months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after submission. Learn more about deletion of content you have shared and cookie data obtained through social plugins. When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Facebook Settings and Instagram Settings. VI. How do we respond to legal requests or prevent harm? We access, preserve and share your information with regulators, law enforcement or others: In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products. Information we receive about you (including financial transaction data related to purchases made with Facebook) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations. VII. How do we operate and transfer data as part of our global services? We share information globally, both internally within the Facebook Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Facebook Terms and Instagram Terms and to globally operate and provide our Products to you. We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries. VIII. How will we notify you of changes to this policy? We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products. IX. How to contact Facebook with questions You can learn more about how privacy works on Facebook and on Instagram. If you have questions about this policy, you can contact us as described below. We may resolve disputes you have with us in connection with our privacy policies and practices through TrustArc. You can contact TrustArc through its website. You can contact us online or by mail at: Facebook, Inc. ATTN: Privacy Operations 1601 Willow Road Menlo Park, CA 94025 Date of Last Revision: April 19, 2018 Stack Exchange, Inc. Cookie Policy HOW DOES STACK OVERFLOW USE COOKIES? A cookie is a small piece of text that allows a website to recognize your device and maintain a consistent, cohesive experience throughout multiple sessions. If you use the Stack Overflow Network, both Stack Overflow and third parties will use cookies to track and monitor some of your activities on and off the Stack Overflow Network, and store and access some data about you, your browsing history, and your usage of the Stack Overflow Network. This policy describes how both Stack Overflow and other third parties use cookies both within and without the Stack Overflow Network and how you can exercise a greater degree of control over cookies. Please keep in mind that this may alter your experience with our platform, and may limit certain features (including being logged in as a user). General Browsing: We use cookies that are important for certain technical features of our website, like logging into user accounts and implementing fixes and improvements to our platform. These cookies: Enable behavior in our Products and/or Services that is tailored to the activity or preferences of a person visiting our properties Allow users to opt out of certain types of modeling, tailoring, or personalization in our products Collect information on our users’ preferences in order to create more useful products Maintain the regular business operations of our Advertising and Marketing departments (such as one-time pop-ups or “hero” displays when first visiting a site and to collect impressions and click data) Help to diagnose and correct downtime, bugs, and errors in our code to ensure that our products are operating efficiently Public Q&A Platform: We use cookies that support and enhance our public Q&A platform by enabling important functionality. Such activity includes tracking and attributing activities and badges. These cookies: Validate the authenticity of persons attempting to gain access to a specific user account Enable the core platform of community-generated questions and answers, including diagnosing and resolving issues within our Q&A platform Identify individual users to attribute activities and awards Allow you to create an optional, résumé-like listing of user achievements and employment history, comparable to a resume, which users can reference when applying for new jobs through our Talent platform or externally Talent Platform: We use cookies to run our Talent platform, allowing prospective employers to recruit for open positions and users to view and apply for those positions. These cookies: Validate the authenticity of persons attempting to gain access to a specific user account Help us to comply with legal requirements in recruitment and hiring Provide a means of contact for Talent employers (including opting out of the Talent candidate listings) Allow employers to target specific users (via searches and marketing efforts) who are likely to qualify for a given position Allow users to save searches in order to more quickly identify newly listed jobs Create a channel of direct communication between our support staff and users who request assistance Support integration of job applications and listings from our platform to third-party applicant tracking systems (ATS). Stack Overflow Teams: We use cookies for our Teams platform, enabling groups to access our secured, private Q&A solution. These cookies: Validate the identity of authorized persons and accounts to gain access to a specific Team or Company account Enable the core platform of team-generated questions and answers, including diagnosing and resolving issues within our Teams Q&A platform Identify individual users to attribute activities and awards Advertising: We use cookies to enable advertising with our third-party Partners, which in turn allows us to provide many of our services free of charge. These cookies: Customize the ad experience for our users, including tailoring job and display ads to the technologies a person has previously looked at, the communities a person has visited, and the job ads a person has already seen Allow direct communication between a 3rd party partner who hosts a promotional event with us, and users who have opted into the promotion Allow us to track when a Stack Overflow user sees or clicks on an ad or later visits a third-party website or purchases a product on a third-party website Collect impressions and click data for internal reporting and product optimization Analytics: We use cookies to compile usage activity in order to better cater our Products and Services offerings to you, and to third parties. We DO NOT share identifiable “raw” data with our clients or any third parties, however we do make high-level decisions based on aggregated data about your usage of our Products and Services. These cookies: Monitor site traffic and behavior flows of users Measure the effectiveness of on-site products Measure the effectiveness of off-site marketing campaigns and tactics WHAT INFORMATION IS COLLECTED ON ME VIA COOKIES? In general, we collect most data from you via form submission. However, there are cases when visiting our site and/or using our platforms in which we may receive certain information through the use of cookies. This data will generally not include personally identifying information about you. Unique identification tokens User preferences such as favorite tags (for anonymous users only) Third Party Cookies The use of cookies, the names of cookies, and other cookies related cookies technology may change over time and Stack Overflow will make all reasonable efforts to notify you by updating our cookies table where material changes occur and from time-to-time. Please also note that companies and other organization that sponsor pages on Stack Overflow may use cookies or other technologies to learn more about your interest in their products and services and in some cases to tailor such products and services to you. HOW DO I RESTRICT COOKIES? If you don’t want Stack Overflow to use cookies when you visit the Stack Overflow network of sites, you can opt-out of certain cookie related processing activities in your account settings page. If you opt-out of cookies, we (ironically) have to set a cookie to tell us that. Please note that Stack Overflow may not work properly and you may have diminished functionality if you opt-out of certain cookies. If you decide that you do not want cookies to be set on your device by our third-party Partners, you can adjust the settings on your internet browser and choose from the available Cookies setting to best meet your preferences. While setting options may vary from browser to browser, you can generally choose to reject some or all cookies, or instead to receive a notification when a cookie is being placed on your device. For more information, please refer to the user help information for your browser of choice. Please keep in mind that cookies may be required for certain functionalities, and by blocking these cookies, you may limit your access to certain parts or features of our sites and platforms. Finally, while cookies are set for varying durations on your device, you can manually delete them at any time. However, deleting cookies will not prevent the site from setting further cookies on your device unless you adjust the settings discussed above. Stack Exchange, Inc. Privacy Policy INTRODUCTION The Stack Overflow Network (also referred to herein as “Stack Overflow” or “Network”) is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange, Inc. (“Stack Overflow”, “we” or “us”), a Delaware corporation. Stack Overflow welcomes you to the Network, the largest community of developers in the world, and invites you to participate in the community by sharing knowledge with your peers and colleagues. We have the modest goal of making the internet a better place, and as such are committed to your privacy. This privacy policy describes what information we collect on our Network and in the use of our Products and Services, how we use that information, and what options we offer you to control your personal information. We will need to process your personal information in order to offer the Network, and to offer you our Products and Services. By using the Network or (whether via the public or private Network, collectively the “Terms of Service”), or purchasing our Products or Services, you confirm that you have read and understood the Terms of Service and this privacy policy (“Privacy Policy”) including how and why we use your information and that your use of the Network is subject to the applicable Terms of Service and this Privacy Policy. If you do not want us to collect or process your personal information as described herein, you have several choices including limiting the information we collect on you, or not using the Network, or our Products and Services. By using the Network or purchasing our Products and Services, you acknowledge that Stack Overflow will use your information in the United States, the United Kingdom, and Germany as well as any other country where Stack Overflow operates. This privacy policy has been updated to comply with the EU’s General Data Protection Regulation (GDPR) and this policy describes how we protect personal information that is transferred outside of the EU. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to countries to which we are permitted by law to transfer personal information and we will continue to ensure that your personal information is appropriately safeguarded. HOW WE COLLECT INFORMATION ON YOU In the course of providing you access to the Network, as well as Products and Services, Stack Overflow collects and receives personal information in a few ways. Often, you can choose what information to provide, but sometimes we require personal information from you to carry out certain activities such as account verification. This section details the ways in which we collect information from you and how that information is received. Account Registration Although the Network provides for anonymous and pseudonymous participation, in some instances in order to use certain Products or Services, we require account registration. This requires a name associated with your account, an email address at which we can contact you, and in some cases, additional information including, a contact address, a billing address, and a password to help secure your personal information. Profile Information When completing a public “profile” be it for use of the Network or our Products and Services, we may require you to share certain personally identifying information or sensitive information in required and optional profile fields. The name associated with your account, which you may review and change in your account settings, as well as reputation points are publicly displayed and connected to your activity on the Stack Overflow Network and via certain Products and Services such as our Talent and Teams platforms. Other profile information may also be publicly displayed if you choose to complete certain elective components of the Account Registration options including, e.g., your Developer Story, display picture, affiliated role and company, your location and your preferred technologies (javascript, swift, sql-server, etc.), and some information is publicly displayed and required, such as how long you have been a member. Similarly, you may share additional information that is not required but will be displayed publicly at your election. If you are using the private Network (e.g., Stack Overflow for Teams), your account settings including, name, affiliated role and company, and other information may be shared with your private Network Team members designated as authorized users of your private Network account. While some of the public and private Network profile information is required, much of it is within your control as we describe herein and can be modified, updated, and restricted by you in your Email Settings. Information Collected Automatically Stack Overflow receives and records information from your browser or mobile device when you visit the Network or use the Apps, such as your Internet Protocol (IP) address or unique device identifier. Cookies and data about which pages you visit on our Network allow us to operate and optimize the Products and Services we provide to you. This information is stored in secure logs and is collected automatically. We may combine this browser information with other information we collect about you. This information is used to keep the Products and Services secure, analyze and understand how our Products and Services are used, optimize such usage, provide advertising across the Network as well as certain Products and Services to personalize your experience, and to help connect you with potential job opportunities in the case of our recruiting Products and Services. Location Information When you use the Stack Overflow Network, and certain of our Products and Services, we collect location information about you including your IP address, your location, browser information, and how you came to the Stack Overflow Network. This is the case for individuals who have registered for an account, and non-members who engage with the Stack Overflow Network by visiting our website(s) but who have not completed an account registration. This information is collected for various purposes, including advertising, analytics and to serve content as it relates to certain Products or Services (e.g., Talent), as well as to provide you with localized content, recommendations, and marketing. You may revoke our permission to collect some of this data, including your location and browser information through your Account Settings, but this may limit functionality in some cases. Certain location information we collect is required for security and site functionality. We share this information with certain third-parties (e.g., talent recruiters, payment processors, and advertising providers) in order to provide you with our Products and Services. Information from Third Parties We may share personal information with third parties who provide services to Stack Overflow, such as payment processors, email delivery services, and advertising providers. Additionally, to improve user experience, we offer single sign-on solutions for account login and these third parties (including Facebook and Google) may receive information from these services when you elect to use them. When Stack Overflow shares your personal information and other collected information with third party service providers, we require that they use your information only for the purpose of providing services to us and that their terms are consistent with this privacy policy. Advertising and Marketing Partners When you register for an account, and when you interact with Stack Overflow, we and authorized third parties place cookies on you and your account activity as described in more detail within our Cookies Policy. We use this information to serve you certain advertising content. Similarly, we market our Products and Services to you and communicate important information and product opportunities to you. If you do not wish to receive direct marketing communications from us, you can tell us and remove yourself from our marketing communications via the unsubscribe and opt out options in our email communications and your Account Settings. If you do not wish to receive advertising promotions, you may restrict such activities in your Account Settings, but you should know that by doing so, you may reduce some functionality and you may not have access to certain features within our Products and Services (e.g., job recommendations on our Talent platform). For more information on how to control your account settings or to opt out of direct marketing campaigns, please visit your Email Settings. Analytics Information Stack Overflow uses data analytics to ensure site functionality and to optimize our Product and Service offerings to you. We use web browser and mobile analytics to allow us to understand Network and Apps functionality. In doing so, we record information including, for example how often you visit the Network, how often you contribute content, Network and Apps performance data, errors and debugging information, and the type of activity you engage in while on the Network or in your use of our Products and Services. We may on occasion share this information with third parties for research or product and services optimization. Billing Information For Products and Services requiring payment, we collect a billing name, phone number, and email address. We also collect a billing and shipping address for invoicing purposes. If you elect to pay by credit card, Stack Overflow may engage a third party to securely process your payment. All payment processing is done through a PCI DSS compliant third party. If customers are paying by a credit card, their card details are vaulted through a third party payment gateway. Stack Overflow will store an encrypted token along with the last four digits of the credit card and the expiration month and year of the card and will not store or retain any other billing information about you. WHAT INFORMATION WE COLLECT ON YOU This section describes in further detail the information we collect on you and how we use that information broken down by our Products and Services offerings. Public Network (Questions and Answers Content) The Public Question and Answer Network (“public Network”) allows individual users to engage in a community to share their knowledge and expertise, and to acquire knowledge and expertise. It is community-moderated, and the content in the public Network is . . . public. To provide an optimal community experience, and to ensure Network security, we collect certain personal information. We collect information such as your username, password, email address, IP address (collected at each site visit). This information is also used to identify individual users to the public Network and to award activities and attribute them to you. Your username and additional content you provide including your profile picture, question and answer content, and your reputation are visible publicly. Other limited information is visible to moderators, who have elevated access privileges, and may access content including your posts. For more information about moderators and their role in the Stack Overflow Network, please visit: /help/site-moderators. In addition, when you choose to use certain features such as our chat or support features, we collect a record of your communications with us and other third parties that are accessible to chat participants and certain authorized third parties. Other account information and usage information including your IP address and browser data may be used for diagnosis, security and Product and Service optimization. Please be aware that when using the Public Question and Answer Network, you cannot revoke permission for Stack Overflow to publish and to allow others to have derivative rights to such public content once it is made public. The content you contribute on the public network is public, in perpetuity, and Stack Overflow loses direct control over such content when it is published on the open internet. This also means that if you post personal information about yourself, you do so at your own risk, including the risk of abandoning any privacy rights you had in such information. Additionally, from time to time, Stack Overflow makes such public content available via compilation via the Creative Commons Data Dump and by providing public content to the Stack Overflow Network, you should be aware that such content, once public, cannot often be removed from public view even if it is removed from the Stack Overflow network and our servers. Talent and Jobs The Stack Overflow Talent platform allows for companies looking to hire and those seeking job opportunities to connect with each other and to engage in new employment opportunities. To optimize the recruitment experience, and to connect job seekers with jobs, we collect certain personal information on you the account holder (or account unregistered job seeker), and on the company and its authorized recruiters. Whether you are a recruiter seeking to hire on our Talent platform, or a registered account holder using our Jobs platform while seeking employment opportunities, we collect certain account registration information on you. For job seekers on the Jobs platform, we collect your name, location, email and resume (where applicable) along with certain optional information including your phone number and a cover letter (where applicable). For company authorized users using our Talent Platform to recruit developers, we collect certain account registration information on you including your name, email, and affiliated company. For job seekers who chose to participate in our Jobs platform your public profile can be observed and collected by those looking to hire you. For company authorized users your profiles are visible to authorized users of the company account and your contact details are visible to job seekers via direct messaging on the Talent platform. The information we collect on you as a job seeker is also used by Stack Overflow to customize job recommendations. You may additionally opt-in to specific features that rely on personal information. For example, you may elect to provide personal information in your Developer Story which collects certain CV-like information and achievements including employment history which may be used for recruiting purposes. Advertising Products Stack Overflow partners with third parties to display advertisements on our public Network and within our Talent Platform. These partnerships provide third parties access to the developer community to promote themselves or services and to provide you with visibility into companies and third parties seeking to recruit you for employment opportunities, and for other purposes. In providing this opportunity, Stack Overflow and its third party partners may collect and use your personal information to tailor your advertising experience to suit your interests, skills, as well as to monitor your account activity in order to optimize our Products and Services. We seek to limit what information advertisers and similar third parties have access to, as well as to ensure that your user experience on the public and private Stack Overflow network is not overwhelmed by advertising initiatives. However, our advertising products and services require us to collect certain personal and non-personal information on you, which includes: Data from advertising technologies like cookies, web beacons, pixels, ad tags, and browser/device identifiers Information you have provided to us directly including profile information, your Developer Story, and in limited instances your job history Usage analytics including your visits to the Network, browsing and search history Information from our advertising partners (e.g., device type and location) Stack Overflow for Teams Stack Overflow for Teams allows you to share private content via authorized closed communities. When creating or joining a Team, we collect account registration information on you the Entity and you the individual. On behalf of the Entity, we collect Company or Entity name, Team Representative name, the names of authorized users, and you may elect to provide a Company or Team logo, trademark, or photo for account association purposes. As a participant in Stack Overflow for Teams, we require you to create an individual account on our public Network and we associate this account registration with your Team for account security purposes and to verify your identity. Account registration information as well as company or team affiliation information is displayed to authorized users of your Team. In addition to account registration and company or team affiliation information, Stack Overflow collects certain application metadata for the purposes of maintaining and enhancing the Stack Overflow for Team product and related services we provide. This metadata is only made available to Stack Overflow authorized personnel and in some cases authorized third parties under a duty of confidentiality. Any content you provide in the course of your use of the Stack Overflow for Teams product is shared privately with authorized users of your Team, and may include private questions and answers, votes, source code, and other sensitive data. Our collection of such content is solely to provide the Products and Services, and is provided pursuant to our private Network Terms. Stack Overflow personnel may not access such content except to the extent as may be required in response to a support request with your explicit permission, or when required for security or maintenance of the product or services. In such cases, Stack Overflow personnel will only access the minimum content necessary to resolve the issue and in accordance with the private Network Terms. Enterprise Our Enterprise level platform is a privately hosted Question and Answer forum for large corporate clientele. The collection of personal data is limited to account registration information and usage analytics for product optimization. For additional information regarding the collection and processing of your Enterprise offering, please contact your account representative. Developer Survey As the world’s largest developer community, Stack Overflow annually publishes a Developer Survey to provide key insights into the developer community, including demographic and certain personal information. Your participation in the Developer Survey as well as any other Stack Overflow survey is entirely voluntary. In order to provide meaningful insights into the developer community, Stack Overflow may collect sensitive data about you, including, but not limited to your gender, race, sexual orientation, immigration status, and your location. We consider this data to be among our most sensitive, and have taken elevated measures to protect such data as well as to de-identify your name and other personal information from such data. We restrict such data within Stack Overflow on a privileged basis to only those that need to see it and while we may share your personal information with certain third parties such as researchers, we do so only after imposing contractual obligations of confidentiality on such third parties and only where absolutely necessary for limited research purposes. When we publish the Developer Survey, it is published as a compilation of anonymized data, which means that we take every effort to ensure that your information is understood in a statistical narrative decoupled from your personal identity. If you have any questions concerning the Developer Survey and our security measures to protect your sensitive personal data, please contact us at: privacy (at) stackoverflow (dot) com. YOUR CHOICE AND CONTROL OF THE INFORMATION WE COLLECT ON YOU Privacy is a guiding principle of all Stack Overflow Products and Services and we value your privacy. To this end, we provide you with the ability to control how your information is stored, and what information is collected. You may change or correct your account settings, and choose not to share certain information by creating a pseudonymous account. Additionally, much of the data we collect is voluntary and your choice entirely to provide us or not. You may also remove certain optional information that you no longer wish to be publicly displayed, such as your photo, or job history. And of course, should you wish, you may also request the permanent deletion of your account, in which case all personal information collected on you will be removed from our servers and encrypted (except, in some cases your IP address required for security purposes, site maintenance, and spam protection). We also provide you additional data control options, created by the GDPR, but provided to the Stack Overflow community regardless of geographic location with respect to your information, including data access and portability (including the right to obtain and download a copy of the personal data you provided to Stack Overflow), data correction (the ability to update the personal data we collect and display on you, in many cases via your account settings), data deletion (where Stack Overflow will delete personal information stored on you, which we are not required by necessity to maintain), and the ability to have us stop processing your personal data (with certain exceptions as may be necessary). For more information on these choices you have over how we collect and store your personal data please visit our GDPR page. Please also be aware that in order to provide some of these data choices to you, we may need to first verify your identity. We will make reasonable efforts to verify your identity, however if we are unable to do so, we reserve the right to refuse such a request in keeping with data privacy and information security principles. You may additionally control the receipt of certain marketing and advertising communications from Stack Overflow. Some messages that we send are required, and related to our legal obligations, or service related and mandatory. Other messages, like marketing and advertising communications are provided by us to let you know how you can continue to share, learn, and build your knowledge within the Stack Overflow community, and are voluntary. We provide you with the opportunity to control which voluntary messages you would like to receive in your Email Settings. COOKIES In order to provide the Stack Overflow Network along with the Products and Services described in this policy, we may place cookies on you as well as partner with third parties including advertising partners, who may use cookies or other similar technologies to provide you with advertising based on your browsing activities and interests. Please see our Cookies Policy for additional information on how we use cookies and what third party cookies we permit. DATA PROCESSING DISCLOSURES When you access the Stack Overflow Network and use the Products and Services we offer, we collect, display, store, share, transmit, and process your information in the manner described in this policy. In order to carry out these activities, Stack Overflow may rely on a number of legal bases in order to process your personal data, including where: necessary to perform the contractual obligations in our Terms of Service and in order to provide the Products and Services to you necessary for a third party’s, or our, legitimate interests necessary to comply with a legal obligation or to defend legal claims necessary to protect the public interest or vital interest of others you have expressly made information public you have consented to the processing, which may be revoked at any time Where we process your information on the basis of legitimate interests, we do so in order to: Secure your Personal Data and Information All records containing personal or financial information are considered to be proprietary and are afforded confidential treatment at all times. Stack Overflow is committed to the safety and security of your personal data and the information that you share with us and with the public. We treat your personal safety and safety from harassment as top organizational priorities. At Stack Overflow we consider it necessary to pursue these legitimate interests in order to keep our community, you and your information safe from spam, harassment, intellectual property infringement, identity theft, and the scraping and unlawful collection of your information. Provide and Optimize Products and Services We use your information to provide and improve our Products and Services, for identification verification, to provide support, for online and offline marketing including through third party tools such as Google Analytics, and for general research and analytics reporting. In doing so, we may learn which of our Products and Services you are using most, what you’re interested in, and to better enable you to use and access our Products and Services. As a core part of our business, Stack Overflow has a legitimate interest in enabling and customizing your experience of our Product and Services offerings. Engage in Commercial Transactions As part of providing our core Products and Services, Stack Overflow may charge you for the use of some Products and Services, or certain features within these Products and Services. In order to process your payment, and to secure your financial information, we may facilitate the sharing of your information with third parties. We share your information only with third parties who have met strict security standards and consider the secure processing of your financial information to be a strict and legitimate business necessity. Comply with Regulatory and Legal Obligations Stack Overflow has a legitimate interest in complying with certain legal obligations and interests which, from time to time, may require the disclosure of your personal information. Stack Overflow will not disclose your personal information to legal authorities except where such disclosure is by lawful request, including to meet legitimate national security or law enforcement demands (including a subpoena, court order, or other lawful legal demand by a legal authority with lawful jurisdiction). In some cases, we may also release your personal information to defend our legitimate legal interests. We consider our obligation to protect the Stack Overflow community from imminent physical harm to be both a legitimate business interest as well as to be within the public interest and may disclose your personal information if we believe you or another individual may be in imminent danger of harm to yourself or to another. Marketing and Product Communications From time to time, Stack Overflow may communicate with you about commercial and other Product and Services offerings. In doing so, we provide you with an opportunity to opt-out of such messages at any time you choose via your account settings. Stack Overflow will not sell your personal information to enhance our marketing opportunities or profitability (except as may relate to a corporate event such as a sale or merger), and as we are committed to preventing spam, our direct marketing efforts are limited in scope and frequency. We engage in such activities as a legitimate business interest in order to promote key Products and Service offerings and provide you with every opportunity to unsubscribe from such communications or to further limit their scope and frequency. In short, while we want to communicate some key commercial communications with you and have determined it to be a legitimate interest for us to be able to do so, you have the final say in whether or not you would like to receive such commercial communications from us. You can review or change your permissions in your Email Settings. Core Business Operations Stack Overflow may engage with third parties in business transactions including the buying and selling of assets, the auditing of our business practices and financials, and to engage in business development opportunities. These core activities may involve the processing and/or disclosure of some limited personal information which may be necessary and within our legitimate interests to develop the Stack Overflow brand and business. If we transfer any personal information in pursuing such a business transaction, we will always ensure that strict confidentiality measures are in place to protect your privacy interests. DATA TRANSFERS Stack Overflow is a global community and as such, you may access the Stack Overflow Network from most anywhere in the world, and are subject to the local laws of your jurisdiction. By accessing the Stack Overflow Network and engaging with our Products and Services, you acknowledge that your personal data may be collected and transferred from your local jurisdiction (including member states to the European Union) to the United States. Where Stack Overflow transfers your personal data from your local jurisdiction (including member states to the European Union) we rely on certain lawful transfer mechanisms to do so, including the following lawful bases for such transfers: Privacy Shield Stack Overflow complies with the EU - US Privacy Shield Framework and Swiss - US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the European Union and Switzerland to the United States. Stack Overflow has certified (note: certification under legal name Stack Exchange, Inc.) to the Department of Commerce that it adheres to the Privacy Shield Principles including onward transfer principles as amended by the GDPR where applicable. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Covered entities include Stack Exchange, Inc., Stack Exchange, Ltd., and Stack Overflow GmbH. Stack Exchange is subject to the investigatory and enforcement powers of the Federal Trade Commission / Department of Transportation. Stack Overflow has further committed to refer unresolved Privacy Shield complaints to the PrivacyTrust Shield Program, an alternative dispute resolution provider located in the United Kingdom. If you do not receive timely acknowledgement of your complaint from Stack Overflow, or if we have not addressed your concern to your satisfaction, please contact us: privacy (at) stackoverflow (dot) com or visit https://www.privacytrust.com/drs/stackexchange or at the contact information provided below. Standard Contractual Clauses The European Commission has adopted standard contractual clauses (also referred to as model clauses), which provide safeguards to protect the transfer of personal information outside of the European Union. We may use these standard contractual clauses when transferring personal information outside of the European Union. You may review and request a copy of such standard contractual clauses as used by Stack Overflow by contacting us at legal (at) stackoverflow (dot) com. OUR ONGOING COMMITMENT TO DATA SECURITY Security is important to us and we know it is important to you. Stack Overflow follows generally accepted standards to protect your personal information when processing, transferring, and storing your personal information including Transport Layer Security (“TLS”), by restricting your personal data when we do not need to access it and by keeping your personal data only as necessary to perform our legitimate business interests. As the data subject, you too have an important role to play in helping us protect your personal information. We encourage you to protect yourself against unauthorized access to your personal information by choosing a password carefully and in accordance with industry best standards. Do not share your password with anyone you do not trust, and make sure your computer accesses Stack Overflow via a secure network and that you do not leave your personal information vulnerable to hackers and other bad actors by leaving your computer unattended or by failing to logout of your account when you have ended your session activity. DIRECT MARKETING OPT-OUT You may opt-out of receiving Stack Overflow email marketing materials by using the unsubscribe link in these communications or by changing your Email Settings. PRIVACY POLICY AMENDMENTS We may amend or update this policy from time to time, and will notify you of any material changes to this policy. Previous versions of this privacy policy are available upon request. CONTACT US General Contact Information Privacy Officer Adam Francoeur, Corporate Counsel, 110 William Street, Floor 28, New York, NY 10038, privacy (at) stackoverflow (dot) com, phone: 212-232-8280 Privacy Shield Privacy Trust, Communications House, 26 York Street, London, W1U 6PZ EU Representative Mary Croskery, People Operations Partner, 2nd Floor, Bentima House, 168-172 Old Street, London EC1V 9BP, privacy (at) stackoverflow (dot) com +44 (0) 20 3349 0864 Last update: May 21, 2018 Public Network Terms of Service Public Network Terms Contracts are Binding and Legally Enforcable – Please Read! Age Eligibility Access to the Public Network User Obligations Content Permissions, Restrictions, and Creative Commons Licensing Disclaimer of Warranties Indemnification Limitation of Liability General Provisions The Stack Overflow Network (also referred to herein as "Stack Overflow" or "Network") is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange, Inc. ("Stack Overflow", "we" or "us"), a Delaware corporation. Stack Overflow welcomes you to the Network, the largest community of developers in the world, and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the Stack Overflow community or otherwise access or use the public Network or any services provided on the public Network (collectively, "Services"). These terms govern the use of the public Network (the "Public Network Terms"). To the extent you are accessing or using the private Network on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of the private Network is governed by the Private Network Terms. 1. Public Network Terms Please read these Public Network Terms carefully before accessing or using the public Network. These Public Network Terms constitute an agreement between Stack Overflow and you and governs your permitted use of the public Network ONLY, including any Services or Products that are part of the public Network (e.g., the private Network). By accessing or using the Services or the public Network in any manner, including without limitation by visiting or browsing the public Network or registering for an account on the Network, you affirm that you have read, understand, and agree to be bound by these Public Network Terms, as well as the Acceptable Use Policy and Privacy Policy. Stack Overflow reserves the right, at its discretion, to modify these Public Network Terms at any time by posting revised Public Network Terms on the public Network and by providing notice via e-mail, where possible, or on the public Network. You shall be responsible for reviewing and becoming familiar with any such modifications. Your access to or use of the Services or public Network following such modification constitutes your acceptance of the terms and conditions of these Public Network Terms as modified. To reiterate, and for clarity, these Public Network Terms apply to all who access or use the Services or public Network, including without limitation users who contribute content, information, and other materials or services, registered or otherwise. PLEASE BE AWARE THAT BY USING THE PUBLIC NETWORK, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE SECTION TITLED "MANDATORY ARBITRATION" BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 2. Contracts are Binding and Legally Enforceable -- Please Read! As stated above, these Public Network Terms constitute an agreement between Stack Overflow and you and governs your use of the public Network. These Public Network Terms do NOT govern the use of our Talent, Enterprise and other Stack Overflow products and services that are not part of the public Network. In the event of any conflict between the terms and conditions of these Public Network Terms and any such service or licensing agreements, the terms and conditions of the Public Network Terms shall prevail. 3. Age Eligibility You must be at least 13 years old to access or use the Network or Services, including without limitation to complete a Stack Overflow account registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 13 years of age. If you are under 13 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address). If you are located within the European Union, you must be at least 16 years old to access or use the Network or Services, including without limitation to complete a Stack Overflow Account Registration. By accessing or using the Services or the Network in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Services or Network in any manner, and may not provide any personal information to or on the Services or Network (including, for example, a name, address, telephone number or email address). 4. Access to the Public Network Any user of the public Network is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with public Network community participants, provided that they comply with the obligations set forth in these Public Network Terms, and to the extent that use of the public Network does not conflict with the applicable laws, rules and regulations of the user’s jurisdiction. Stack Overflow reserves the right to refuse, suspend or terminate your access to the public Network if it determines, in its sole discretion, that you have in any way violated these Public Network Terms or are otherwise ineligible to access or use the Network or Services. If your actions are determined by us to violate these Public Network Terms, Stack Overflow may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in Stack Overflow’s sole discretion), then Stack Overflow may revoke your rights to the Network. You are solely responsible for ensuring that these Public Network Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Network or any Services is revoked where these Public Network Terms or use of the Network or any Services is prohibited or conflicts with any applicable law, rule or regulation. Stack Overflow will use reasonable efforts to make the public Network available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime. 5. User Obligations To access some of the public Network features you will need to register for an account as an individual and consent to these Public Network Terms. If you do not consent to these Public Network Terms, Stack Overflow reserves the right to refuse, suspend or terminate your access to the public Network. You are solely responsible for ensuring that your account registration is complete and remains up to date. You have the right to discontinue use of, or terminate, your account whenever you like, and subject to our Privacy Policy, control the use and sharing of your account information. Please note that any content or information you share publicly is governed by the terms described below in the section titled "Public Content Permissions, Restrictions, and Creative Commons Licensing," and you should be aware that once you place content in the public sphere, you willingly give up some rights and control over such content. Stack Overflow strongly encourages you to review our Privacy Policy, which explains how we will handle, process, and use your personal data, and with whom, and how we will share this data. Stack Overflow is a community and we expect you to treat each member of the Stack Overflow community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another. To prevent bad actors from creating a negative community experience, we have outlined what we believe to be common sense rules for community participation and reserve the right to pause or terminate your account if you engage in disruptive, abusive, or nefarious behavior outside of Stack Overflow’s Acceptable Use Policy, which is hereby incorporated into these Public Network Terms. You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Network or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Network. Some premium or additional features of Stack Overflow (including without limitation Stack Overflow for Teams) may require a payment obligation for access and use. You are solely responsible for ensuring that your payment obligations, if any, remain current and not in arrears. In the event Stack Overflow charges for features you will be clearly notified of the terms of any payment obligations and provided the opportunity to refuse such obligations before you incur any charges. Please note, however, that your refusal to accept payment obligations may result in your inability to access or use certain premium or additional features of Stack Overflow. 6. Content Permissions, Restrictions, and Creative Commons Licensing Stack Overflow Content All materials displayed or performed on the public Network, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "Network Content") (other than Network Content posted by individual "Subscriber Content") are the property of Stack Overflow and/or third parties and are protected by United States and international copyright laws ("Stack Overflow Content"). The Stack Overflow API shall be used solely pursuant to the terms of the API Terms of Use. All trademarks, service marks, and trade names are proprietary to Stack Overflow and/or third parties and use of the Network means you agree to abide by all copyright notices, information, and restrictions contained in any Network Content accessed through the Services. The Network is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Public Network Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Network Content, software, materials, or Services in whole or in part. You may download or copy the public Network Content, and other items displayed on the public Network for download or personal use provided that you maintain all copyright and other notices contained in such Public Content. From time to time, Stack Overflow may make available compilations of all the Subscriber Content on the public Network (the "Creative Commons Data Dump"). The Creative Commons Data Dump is licensed under the Creative Commons CC-BY-SA license. By downloading the Creative Commons Data Dump, you agree to be bound by the terms of that license. Any other downloading, copying, or storing of any public Network Content (other than Subscriber Content or content made available via the Stack Overflow API) for other than personal, noncommercial use is expressly prohibited without prior written permission from Stack Overflow or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public Network (other than Subscriber Content or content made available by the Stack Overflow API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the "Software") is licensed to you by Stack Overflow or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. Stack Overflow or third party licensors retain full and complete title to the Software and all intellectual property rights therein. Subscriber Content You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, "Content") that you provide to the public Network (collectively, "Subscriber Content"), is perpetually and irrevocably licensed to Stack Overflow on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC-BY-SA), and you grant Stack Overflow the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation): Provide, maintain, and update the public Network Process lawful requests from law enforcement agencies and government agencies Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required Aggregate data to provide product optimization This means that you cannot revoke permission for Stack Overflow to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC-BY-SA Creative Commons license terms are explained in further detail by Creative Commons, but you should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution. As stated above, by agreeing to these Public Network Terms you also agree to be bound by the terms and conditions of the Acceptable Use Policy incorporated herein, and hereby acknowledge and agree that any and all Public Content you provide to the public Network is governed by the Acceptable Use Policy. 7. Disclaimer of Warranties TO THE MAXIMUM EXTENT ALLOWED BY LAW, STACK OVERFLOW DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. STACK EXCHANGE PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PUBLIC NETWORK TERMS ON AN "AS IS" BASIS. 8. Indemnification You will indemnify and hold Stack Overflow, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the public Network, use of Stack Overflow products or services made available on the public Network, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right. 9. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, STACK OVERFLOW AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE NETWORK OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF STACK OVERFLOW OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT STACK OVERFLOW’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. 10. General Provisions a. Assignment and Jurisdiction Stack Overflow reserves the right to assign our rights and obligations under these Public Network Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets. These Public Network Terms will be governed by and construed in accordance with the applicable laws of the State of New York, without giving effect to the principles of that State regarding conflicts of laws. Both you and Stack Overflow hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of New York with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Network or Services. Notwithstanding the foregoing, these Public Network Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Public Network Terms. The Uniform Commercial Code shall not apply to the provisions of these Public Network Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Public Network Terms. In the event of any conflict between the terms and conditions of these Public Network Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail. b. Mandatory Arbitration YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND STACK OVERFLOW OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE PUBLIC NETWORK TERMS, YOUR USE OF THE NETWORK OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND STACK OVERFLOW SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION UNDER JAMS, INC.'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, INC. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Public Network Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the public Network or these Public Network Terms must be filed within one (1) year after such claim of action arose or be forever banned. You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in New York, NY, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature. If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Public Network Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Assignment and Jurisdiction" section below. Your written notification must be mailed to us at Stack Overflow, Attn: Legal Department, 110 William Street, Floor 28, New York, NY 10038 or by email notification at team (at) stackoverflow.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Public Network Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in the "Notices" section. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Public Network Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us. c. Survival The sections entitled "Public Network Terms", "Contracts are Binding and Legally Enforceable – Please Read!", "User Obligations", "Content Permissions, Restrictions, and Creative Commons Licensing", "Disclaimer of Warranties", "Indemnification", "Limitation of Liability", Assignment and Jurisdiction, "Mandatory Arbitration", "Survival", "Merger and Severability", "Notices", "No Waiver", and "Headings" shall survive any termination or expiration of these Public Network Terms. d. Modifications Stack Overflow reserves the right, in its sole discretion, to modify or replace these Public Network Terms, as our business evolves over time and to better provide Services and Products to the Stack Overflow community, or to change, suspend, or discontinue the public Network and/or any Services or Products at any time by posting a notice on the public Network or by sending you notice via e-mail or by another appropriate means of electronic communication. e. Merger and Severability The parties to these Public Network Terms are independent contractors and these Public Network Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Stack Overflow. These Public Network Terms represent the entire agreement between you and Stack Overflow and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the public Network or Services or Products contemplated hereunder. If any provision of these Public Network Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Public Network Terms shall remain and continue in full force and effect. f. Notices Unless otherwise specified in these Public Network Terms, all notices under these Public Network Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal (at) stackoverflow.com. g. No Waiver Our failure to enforce any part of these Public Network Terms shall not constitute a waiver of our right to later enforce that or any other part of these Public Network Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Public Network Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. h. Headings The section and paragraph headings in these Public Network Terms are for convenience only and shall not affect their interpretation. Last update: May 21, 2018 IMPORTANT: YOU SHOULD CAREFULLY READ THE FOLLOWING AGREEMENT BEFORE USING GAMERANGER. YOUR USE OF GAMERANGER INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE GAMERANGER. GameRanger is the copyrighted work of GameRanger Pty Ltd, and includes but is not limited to the software, data files, web site, artwork, documentation, support, and communication protocols ("GameRanger"). All use of GameRanger is governed by these terms and conditions. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You may not and agree not to: - abuse, threaten, harass in any way, any user of GameRanger - transmit any unsolicited advertising, promotional or sales materials, or other form of solicitation to any area or user of GameRanger - transmit any unlawful material to any area or user of GameRanger - transmit any offensive material to any area or user of GameRanger - transmit, post, broadcast, publicly display, perform, copy, distribute, download, alter, make a derivative work from, or use any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, right of publicity, or right of privacy, without the express permission of the rights holder - disrupt the normal flow of dialogue in any area of GameRanger, including but not limited to "scrolling" and "spamming", or repeated entry of meaningless messages - request, advocate, perform, promote, incite or encourage the use of, child pornography, racism, bigotry, hatred, illegal drug use, gratuitous or graphic violence, defamation, pirated software, or criminal or fraudulent activity - use more than one GameRanger account actively - impersonate the author or any administrators or any other user of GameRanger - decompile, disassemble, or reverse-engineer GameRanger, or the communication protocols and data files it uses, for any reason including but not limited to emulation, custom clients, custom plug-ins, proxies, or "bots" - use or enable others to use any unauthorised methods of access to GameRanger including but not limited to emulation, custom clients, custom plug-ins, proxies, or "bots" - knowingly allow others to gain unauthorised access to or use of GameRanger - modify GameRanger in any way, or knowingly use a form of GameRanger that has been modified in unauthorised way - attempt to compromise the security of, or institute attacks on, any GameRanger servers or otherwise attempt to disrupt the operation of GameRanger for any user - harvest or otherwise collect information about others, including e-mail addresses, without their consent - knowingly use, download, or distribute software or content in violation of any license agreement - use, download, or otherwise copy, or provide to a third party (whether or not for a fee) any directory of users of GameRanger, information about users of GameRanger, or GameRanger usage information - attempt to gain access to the account or password of any other GameRanger user - reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of GameRanger, use of GameRanger, or access to GameRanger GameRanger Pty Ltd reserves the right to terminate or suspend your use of GameRanger at any time without notice, for any conduct that in GameRanger Pty Ltd, in its sole discretion, believes violates this Agreement or that is otherwise harmful to other GameRanger users. GameRanger Pty Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to GameRanger or other violation of this Agreement, including, but not limited to, technological barriers, IP address mapping, and direct contact with your Internet Service Provider (ISP). This Agreement is subject to change at any time without notice. GameRanger Pty Ltd reserves the right to withdraw any functionality from GameRanger at any time without notice. You acknowledge that GameRanger may transmit your operating system version in order to provide features appropriate to your operating system. For Premium Memberships, GameRanger Pty Ltd additionally reserves the right to suspend your use of GameRanger without notice upon rejection of any credit card charges, dishonour or chargeback by your bank. In the event that your use of GameRanger is terminated or suspended for violating the Agreement, you will not be entitled any refunds. You are not entitled to refunds after 30 days from the date of order. The 30 day period commences on the date of the initial Premium Membership signup, and as such, renewals of existing Premium Memberships are not entitled to that refund. You are responsible for all activity under your GameRanger account. You are responsible for keeping your account password and login details confidential. You must contact GameRanger Pty Ltd as soon as possible if you become aware of anyone using your account without your consent. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GameRanger Pty Ltd, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via GameRanger. GameRanger Pty Ltd does not pre-screen all Content as a matter of policy, but GameRanger Pty Ltd has the right, but not the responsibility, to refuse or remove content at any time which it deems to be harmful, offensive, or otherwise in violation of this Agreement. You understand that you have no expectation of privacy regarding the communications you make on GameRanger, and that all communications made by or received from you may be monitored by GameRanger Pty Ltd representatives. You hereby consent to such monitoring. You acknowledge by submitting Content to any area of GameRanger you automatically grant -- or warrant that the owner of such Content has expressly granted -- GameRanger Pty Ltd and its successors a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also grant GameRanger Pty Ltd the right to authorise the downloading, printing or broadcasting of such material or any portion thereof, by end users for their personal use. Without limiting the foregoing, if you participate in text or audio chat on GameRanger, you additionally give GameRanger Pty Ltd your consent to record, reproduce or download your conversations you have provided, and to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and sublicense your audio or video content for promotional purposes, or if GameRanger Pty Ltd believes in good faith that such action is reasonably necessary to enforce this Agreement or its copyright policy, to comply with the law, to comply with legal process, to operate its systems properly, or to protect itself, its users, or others. While GameRanger Pty Ltd will make all reasonable efforts to ensure that GameRanger is available at all times, you acknowledge that as GameRanger is continually evolving, GameRanger Pty Ltd does not warrant that it will be uninterrupted or error-free. GameRanger may not be compatible with other voice communication software. GameRanger Pty Ltd hereby disclaims all warranties relating to this software, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose. GameRanger Pty Ltd will not be liable for any special, incidental, consequential, indirect or similar damages including, but not limited to loss of data or any other reason, due to non-deliveries, errors, system down time, misdeliveries or service interruptions even if GameRanger Pty Ltd has been advised of the possibility of such damages. In no event shall GameRanger Pty Ltd be liable for any damages, regardless of the form of the claim. The person using GameRanger bears all risk as to the quality and performance of the software. You agree to defend, indemnify and hold GameRanger Pty Ltd and its employees, affiliates, partners and licensees harmless from all liabilities, claims and expenses, including attorneys' fees, arising from any breach of this Agreement by you. GameRanger Pty Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. You agree to cooperate with GameRanger Pty Ltd in its defense of any such claim. This Agreement comprises the entire agreement between GameRanger Pty Ltd and you, regarding GameRanger and supercedes any prior agreements. GameRanger Pty Ltd may revise this Agreement from time to time without notice. In the event you determine that any such revision is unacceptable to you, your sole remedy is to terminate your use of GameRanger. Your continued use of GameRanger after posting of a revised Agreement will constitute acceptance of all such revisions. This Agreement is governed by the law in force in the State of Western Australia, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Western Australia. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure or delay of GameRanger Pty Ltd to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Any assignment in violation of this agreement is void. This software may incorporate dynamic ad serving technology which enables the software to receive advertising messages that appear within the software. This technology will automatically deliver location-based advertising and log and transmit certain information about your interaction with the advertising. This information is not used to ascertain the identity of any individual user. These third-party advertising companies may use cookies or beacons and non-personally identifiable information during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, you can visit http://networkadvertising.org. This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). This product includes software written by Eric Young (eay@cryptsoft.com) LICENSE ISSUES ============== The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org. OpenSSL License --------------- /* ==================================================================== * Copyright (c) 1998-2005 The OpenSSL Project. All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * * 2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. * * 3. All advertising materials mentioning features or use of this * software must display the following acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit. (http://www.openssl.org/)" * * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to * endorse or promote products derived from this software without * prior written permission. For written permission, please contact * openssl-core@openssl.org. * * 5. Products derived from this software may not be called "OpenSSL" * nor may "OpenSSL" appear in their names without prior written * permission of the OpenSSL Project. * * 6. Redistributions of any form whatsoever must retain the following * acknowledgment: * "This product includes software developed by the OpenSSL Project * for use in the OpenSSL Toolkit (http://www.openssl.org/)" * * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR * PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED * OF THE POSSIBILITY OF SUCH DAMAGE. * ==================================================================== * * This product includes cryptographic software written by Eric Young * (eay@cryptsoft.com). This product includes software written by Tim * Hudson (tjh@cryptsoft.com). * */ Original SSLeay License ----------------------- /* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) * All rights reserved. * * This package is an SSL implementation written * by Eric Young (eay@cryptsoft.com). * The implementation was written so as to conform with Netscapes SSL. * * This library is free for commercial and non-commercial use as long as * the following conditions are aheared to. The following conditions * apply to all code found in this distribution, be it the RC4, RSA, * lhash, DES, etc., code; not just the SSL code. The SSL documentation * included with this distribution is covered by the same copyright terms * except that the holder is Tim Hudson (tjh@cryptsoft.com). * * Copyright remains Eric Young's, and as such any Copyright notices in * the code are not to be removed. * If this package is used in a product, Eric Young should be given attribution * as the author of the parts of the library used. * This can be in the form of a textual message at program startup or * in documentation (online or textual) provided with the package. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * 1. Redistributions of source code must retain the copyright * notice, this list of conditions and the following disclaimer. * 2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in the * documentation and/or other materials provided with the distribution. * 3. All advertising materials mentioning features or use of this software * must display the following acknowledgement: * "This product includes cryptographic software written by * Eric Young (eay@cryptsoft.com)" * The word 'cryptographic' can be left out if the rouines from the library * being used are not cryptographic related 🙂. * 4. If you include any Windows specific code (or a derivative thereof) from * the apps directory (application code) you must include an acknowledgement: * "This product includes software written by Tim Hudson (tjh@cryptsoft.com)" * * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE * ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF * SUCH DAMAGE. * * The licence and distribution terms for any publically available version or * derivative of this code cannot be changed. i.e. this code cannot simply be * copied and put under another distribution licence * [including the GNU Public Licence.] */ TERMS OF SERVICE FOR LOGMEIN AND GOTO SERVICES This is a legal agreement between the person or organization (“Customer” or “you”) agreeing to these Terms of Service (“Terms”) and the applicable LogMeIn Contracting Entities (“LogMeIn,” “us,” or “we”). By accepting these Terms, signing an Order, or using the Services, you represent that you are of legal age and have the authority to bind the Customer to the Order, these Terms, and the applicable Service Descriptions (collectively the “Agreement”). ACCESS AND USE OF THE SERVICES. 1.1. Right to Use Services. You agree to use the Services in accordance with the use levels by which we measure, price and offer our Services as posted on our websites, your Order, or the Service Descriptions (“Use Levels”). You may use our Services only as permitted in these Terms, and your use must comply with our Privacy Policy, and Anti-Spam Policy, each of which are incorporated here. We grant you a limited right to use our Services only for business and professional purposes. Technical support for the Services is described in the Service Descriptions. If your affiliates use our Services, you warrant that you have the authority to bind those affiliates and you will be liable if your affiliates do not comply with the Agreement. “Services” means our software-as-a-service offerings and audio services (which are offered by LogMeIn Audio, LLC or Grasshopper Group LLC, the telecommunications providers responsible for the rates and terms relating to the respective audio services). “Service Descriptions” includes an overview of the Services, and may include service-specific additional terms. The Service Descriptions are incorporated into these Terms. The Services, software and websites are provided via equipment and resources located in the United States and other locations throughout the world and you consent to having personal data processed by us in the United States and other locations throughout the world. 1.2. Limitations on Use. By using our Services, you agree on behalf of yourself, your users and your attendees, not to (i) modify, prepare derivative works of, or reverse engineer, our Services; (ii) knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts, or the Services; (iii) transmit through the Services any harassing, fraudulent or unlawful material; (iv) market, or resell the Services to any third party; (v) use the Services in violation of our policies, applicable laws, or regulations; (vi) use the Services to send unauthorized advertising, or spam; (vii) harvest, collect, or gather user data without their consent; or (viii) transmit through the Services any material that may infringe the intellectual property or other rights of third parties. 1.3. Changes to Services. We reserve the right to enhance or modify features of our Services but will not materially reduce the core functionality or discontinue any Services unless we provide you with prior written notice. We may offer additional functionality to our standard Services or premium feature improvements for an additional cost. 1.4. Proprietary Rights and LogMeIn Marks. You acknowledge that we or our licensors retain all proprietary right, title and interest in the Services, our name, logo or other marks (together, the “LogMeIn Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the LogMeIn Marks or is similar to any of these. You agree to comply with our Trademark & Copyright Guidelines, which are incorporated into this Agreement by reference. ORDERS, FEES AND PAYMENT. 2.1. Orders. You may order Services using our then-current ordering processes (“Order”). All Orders are effective on the earlier of (i) the date you submit your Order, (ii) the date you convert from a services trial, or (iii) the date on the signature block of the Order (“Effective Date”). Acceptance of your Order may be subject to our verification and credit approval process. Each Order shall be treated as a separate and independent Order. A Purchase Order is required for non-credit card transactions over 10,000 USD, or equivalent, unless Customer does not require a Purchase Order as part of its purchasing process. 2.2. Fees and Payment. You agree to pay all applicable, undisputed fees for the Services as set forth on the invoice. Except as set forth in Section 3. 3below, any and all payments you make to us for access to the Services are final and non-refundable. You are responsible for all fees and charges imposed by your voice and data transmission providers related to your access and use of the Services. You are responsible for providing accurate and current billing, contact and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We will not agree to submit invoices via any customer procure-to-pay online portal or Electronic Data Interchange (EDI) portals. We reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes by publishing on our website, emailing, quoting or invoicing you. 2.3. Sales, Promotional Offers, Coupons and Pricing. Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales and special promotional offers in our sole discretion. 2.4. Disputes; Delinquent Accounts. You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days. We may also suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts. 2.5. Taxes and Withholding. You are responsible for all applicable sales, services, value-added, goods and services, withholding, tariffs, Universal Services Fund (USF) fees (if applicable to the Audio Services only) and similar taxes (collectively, “Taxes”) imposed by any government entity or collecting agency based on the Services, except those Taxes based on our net income, or Taxes for which you have provided an exemption certificate. We reserve the right to gross up the price for Services in any invoice, or require you to gross up your payment, if your withholding obligations prevent us from receiving the amount specified in the Order. Additionally, if you do not satisfy your Tax obligations, you agree that you will be required to reimburse us for any Taxes paid on your behalf, and we may take steps to collect Taxes we have paid on your behalf. In all cases, you will pay the amounts due under this Agreement to us in full without any right of set-off or deduction. TERM AND TERMINATION. 3.1. Term. Your initial term commitment for any Order (“Initial Term”) will be specified in the Order, or if no term is specified, your Initial Term will be 12 months from the Effective Date of the Order and will automatically renew for additional 12 month periods (“Renewal Terms”), unless either party provides notice of non-renewal of the Order 30 days before the current term expires. We may agree to align the invoicing under multiple Orders but this will not reduce the term of any Order. Terminating specific Services does not affect the term of any other Services still in effect. If we permit you to reinstate Services at any time after termination, you agree that you will be bound by the then-current Terms and the renewal date that was in effect as of the effective termination date. 3.2. Termination for Cause. Either party may terminate the Agreement (i) if the other party breaches its material obligations and fails to cure within 30 days of receipt of written notice, or (ii) if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially all of its business, and we may suspend access or terminate immediately if you breach Section 1.2, 4 or 5. 3.3. Effect of Termination. If the Agreement or any Services are terminated, you will immediately discontinue all use of the terminated Services, except that upon request, we will provide you with limited access to the Services for a period not to exceed 30 days, solely to enable you to retrieve your Content from the Services. We have no obligation to maintain your Content after that period. Neither party will be liable for any damages resulting from termination of the Agreement, and termination will not affect any claim arising prior to the effective termination date. If we discontinue Services in accordance with Section 1.3 above, the related Order will be terminated and we will provide you with a pro rata refund of any prepaid, unused fees. You agree to pay for any use of the Services past the date of expiration or termination. 3.4. Survival. The provisions of Sections 2 (Orders, Fees and Payment), 3.3 (Effect of Termination), 4 (Your Content and Accounts), 7 (Indemnification), 8 (Limitation on Liability), 9.6 (No Class Actions), and 9.11 (Notices) survive any termination of the Agreement. YOUR CONTENT AND ACCOUNTS. 4.1. Your Content. You retain all rights to your Content and we do not own or license your Content. You grant us a non-exclusive, worldwide, royalty-free, license to use, modify, reproduce and distribute your Content, only as required to provide the Services to which you have subscribed, and you warrant that (i) you have the right to grant us the license, and (ii) none of your Content infringes on the rights of any third party. Each party agrees to apply reasonable technical, organizational and administrative security measures to keep Content protected in accordance with industry standards. We will not view, access or process any of your Content, except: (x) as directed or instructed by you or your users, or (y) as required to comply with our policies, applicable law, or governmental request. You agree to comply with all legal duties applicable to you as a data controller by virtue of the submission of your Content within the Services. If your Content is subject to EU data protection laws and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process your Content in order to provide the Services and fulfill our obligations under the Agreement, and in accordance with your instructions as represented in this Agreement. Notwithstanding anything to the contrary, this Section 4.1 expresses the entirety of our obligations with respect to your Content. “Content” means any of your, or your users’ or recipients’ files, documents, recordings, and other information that is uploaded to your Service account for storage, or used, presented or shared with third parties in connection with the Service. 4.2. Your Accounts. You are solely responsible for (i) all use of the Services by you and your users, (ii) obtaining consent from your users to the collection, use, processing and transfer of Content, and (iii) providing notices or obtaining consent as legally required in connection with the Services. We do not send emails asking for your usernames or passwords, and to keep your accounts secure, you should keep all usernames and passwords confidential. We are not liable for any loss that you may incur if a third party uses your password or account. We may suspend the Services or terminate the Agreement if you, your users, or attendees are using the Services in a manner that is likely to cause harm to us. You agree to notify us immediately and terminate any unauthorized access to the Services or other security breach. COMPLIANCE WITH LAWS. In connection with the performance, access and use of the Services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the Services. Notwithstanding any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws. WARRANTIES. WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS. INDEMNIFICATION. You will indemnify and defend us against any third party claim resulting from a breach of Section 1.2 or 4, or alleging that any of your Content infringes upon any patent or copyright, or violates trade secret or privacy rights of any party, and you agree to pay reasonable attorney’s fees, court costs, damages finally awarded, or reasonable settlement costs with respect to any such claim. We will promptly notify you of any claim and cooperate with the you in defending the claim. You will reimburse us for reasonable expenses incurred in providing any cooperation or assistance. You will have full control and authority over the defense and settlement of any claim, except that: (i) any settlement requiring us to admit liability requires prior written consent, not to be unreasonably withheld or delayed, and (ii) we may join in the defense with our own counsel at our own expense. LIMITATION ON LIABILITY. 8.1. LIMITATION ON INDIRECT LIABILITY. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. 8.2. LIMITATION ON AMOUNT OF LIABILITY. EXCEPT FOR YOUR BREACH OF SECTIONS 1.2 OR 4 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND OTHER AMOUNTS DUE UNDER ANY ORDER. ADDITIONAL TERMS. 9.1. European Union Customers. This Section 9.1 will apply only if you are located in the European Union. If you want to enter into EU standard contractual clauses with us as it relates to our processing of your information, you may request a Data Processing Addendum (“DPA”) DPA Request Form, and a pre-signed DPA will be transmitted to you for execution. 9.2. Free Services and Trials. Your right to access and use any free Services is not guaranteed for any period of time and we reserve the right, in our sole discretion, to limit or terminate your use of any free or basic versions of any Services by any individual or entity. If you are using the Services on a trial or promotional basis (“Trial Period”), your Trial Period and access to the Services will terminate (i) at the end of the Trial Period stated in your Order, or (ii) if no date is specified, 30 days after your initial access to the Services, (iii) or upon your conversion to a subscription. Following expiration of the Trial Period, the Services may automatically continue unless you provide notice of cancellation to us, and you are responsible for payment of the applicable Fees set forth in the Order. During the Trial Period, to the extent permitted by law, we provide the Services “AS IS” and without warranty or indemnity, and all other terms otherwise apply. We may modify or discontinue any trials or promotions at any time without notice. 9.3. Third Party Features. The Services may be linked to third party sites or applications (“Third Party Services”). We are not responsible for and do not endorse Third Party Services. You have sole discretion whether to purchase or connect to any Third Party Services and your use is governed solely by the terms for those Third Party Services. 9.4. Beta Services. We may offer you access to beta services that are being provided prior to general release, but we do not make any guarantees that these services will be made generally available (“Beta Services”). You understand and agree that the Beta Services may contain bugs, errors and other defects, and use of the Beta Services is at your sole risk. We have no obligation to provide technical support and we may discontinue provision of Beta Services at any time in our sole discretion and without prior notice to you. These Beta Services are offered “AS-IS”, and to the extent permitted by applicable law, we disclaim any liability, warranties, indemnities, and conditions, whether express, implied, statutory or otherwise. If you are using Beta Services, you agree to receive related correspondence and updates from us, and acknowledge that opting out may result in cancellation of your access to the Beta Services. If you provide feedback (“Feedback”) about the Beta Service, you agree that we own any Feedback that you share with us. For the Beta Services only, these Terms supersede any conflicting terms and conditions in the Agreement, but only to the extent necessary to resolve conflict. 9.5. Copyright. If you believe that our Services have been used in a way that constitutes copyright infringement, you should follow the process outlined here: https://www.logmeininc.com/legal/dmca. 9.6. No Class Actions. You may only resolve disputes with us on an individual basis and you agree not to bring or participate in any class, consolidated, or representative action against us or any of our employees or affiliates. 9.7. Security Emergencies. If we reasonably determine that the security of our Services or infrastructure may be compromised due to hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services and we will take action to promptly resolve any security issues. We will notify you of any suspension or other action taken for security reasons. 9.8. High-Risk Use. You understand that the Services (i) are not designed or intended for use during high-risk activities, and (ii) do not allow and should not be used for calls to emergency services numbers (e.g., 911 (U.S.), or 999 and 112 (UK)). WE ARE NOT A "DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING ANY SERVICES, HANG UP AND DIAL YOUR LOCAL EMERGENCY NUMBER. YOU MUST UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO MAKE AN EMERGENCY CALL. 9.9. Recording. Certain Services provide functionality that allows you to record audio and data shared during sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. We disclaim all liability for your recording of audio or shared data, and you agree to hold us harmless from damages or liabilities related to the recording of any audio or data. 9.10. Assignment. Neither party may assign its rights or delegate its duties under the Agreement either in whole or in part without the other party’s prior written consent, which shall not be unreasonably withheld, except that either party may assign the Agreement to an affiliated entity, or as part of a corporate reorganization, consolidation, merger, or sale of all or substantially all of its assets. Any attempted assignment without consent will be void. The Agreement will bind and inure to the benefit of each party’s successors or assigns. 9.11. Notices. Notices must be sent by personal delivery, overnight courier or registered mail. We may also provide notice to the email last designated on your account, electronically via postings on our website, in-product notices, or our self-service portal or administrative center. Unless specified elsewhere in this Agreement, notices should be sent to us at the address for your applicable contracting entity, with a copy to our Legal Department, 320 Summer Street, Boston, Massachusetts 02210 USA, and we will send notices to the address last designated on your account. Notice is given (a) upon personal delivery; (b) for overnight courier, on the second business day after notice is sent, (c) for registered or certified mail, on the fifth business day after notice is sent, (d) for email, when the email is sent, or (e) if posted electronically, upon posting. 9.12. Entire Agreement; Order of Precedence. The Agreement, including your Order and related invoices for Services ordered, these Terms, Service Descriptions, and a DPA if applicable, sets forth the entire agreement between us relating to the Services and supersedes all prior and contemporaneous oral and written agreements, except as otherwise permitted. If there is a conflict between an executed Order, these Terms, the DPA if applicable, and the Service Descriptions, the conflict will be resolved in that order, but only for the specific Services described in the applicable Order. Nothing contained in any document submitted by you will add to or otherwise modify the Agreement. We may update the Terms from time to time, which will be identified by the last updated date, and may be reviewed at Terms of Service. Your continued access to and use of the Service constitutes your acceptance of the then-current Terms. 9.13. General Terms. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the Agreement or to make commitments binding on us. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the Agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist. 9.14. Contracting Party, Choice of Law and Location for Resolving Disputes. The contracting entity, contact information, and governing law for your use of the Services will depend on where you are and the specific Services you have ordered, as set forth here: LogMeIn Contracting Entities Last Updated: July, 2017 LogMeIn Privacy Policy Last Updated on January, 2018 Privacy Overview TRUSTe Introduction This privacy policy will help you understand what information we collect and use at LogMeIn, and the choices you have associated with that information. When we refer to “LogMeIn,” “we,” “our,” or “us” in this policy, we are referring to LogMeIn, Inc., and its subsidiaries and affiliates, which provides the Services to you. The “Services” refers to the applications, services, and websites (marketing and product) provided by LogMeIn. LogMeIn may, from time to time, introduce new products and services. To the extent that these new products and services affect this policy, we will notify you as described in Section 8 below. This privacy policy covers the digital properties listed here. The use of information collected through our service shall be limited to the purpose of providing the services for our customers and as specified herein. If you have any questions about this privacy policy or our practices, please contact us. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. EU-U.S. and Swiss Privacy Shield TRUSTeTRUSTe LogMeIn has self-certified to the EU-U.S. Privacy Shield and Swiss Privacy Shield with respect to Customer Data. For more information, see our Privacy Shield Notice. Contents: Information We Collect and Receive How We Use the Information We Collect and Receive Analytics, Cookies and Other Web Site Technologies Information Sharing Communicating Accessing Your Data Security Changes to this Statement/Contact Us 1. Information We Collect and Receive We collect several different types of information to provide Services to you, including: Customer Account and Registration Data: This includes information you provide to create your account with us or register for events, webinars, surveys, etc. and may include, first and last name, billing information, a password and a valid email address. Service Data (including Session and Usage data): When you use our Services, we receive information generated through the use of the Service, either entered by you or others who use the Services with you (for example, schedules, attendee info, etc.), or from the Service infrastructure itself, (for example, duration of session, use of webcams, connection information, etc.) We may also collect usage and log data about how the services are accessed and used, including information about the device you are using the Services on, IP addresses, location information, language settings, what operating system you are using, unique device identifiers and other diagnostic data to help us support the Services. Third Party Data: We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. We may also receive information from other affiliated companies that are a part of our corporate group. This helps us to update, expand and analyze our records, identify new prospects for marketing, and provide products and services that may be of interest to you. Location Information: We collect your location-based information for the purpose of providing and supporting the service and for fraud prevention and security monitoring. If you wish to opt-out of the collection and use of your collection information, you may do so by turning it off on your device settings. Device Information: When you use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID"). 2. How We Use the Information We Collect and Receive LogMeIn may access (which may include, with your consent, limited viewing or listening) and use the data we collect as necessary (a) to provide and maintain the Services; (b) to address and respond to service, security, and customer support issues; (c) to detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; (d) as required by law; (e) to fulfill our contracts; (f) to improve and enhance the Services; (g) to provide analysis or valuable information back to our Customers and users. Some specific examples of how we use the information: Create and administer your account Send you an order confirmation Facilitate and improve the usage of the services you have ordered Assess the needs of your business to determine suitable products Send you product updates, marketing communication, and service information Respond to customer inquiries and support requests Conduct research and analysis Display content based upon your interests Analyze data, including through automated systems and machine learning to improve our services and/or your experience Provide you information about your use of the services and benchmarks, insights and suggestions for improvements Market services of our third-party business partners LogMeIn also collects and stores meeting attendee information to fulfill our obligation to our customers and provide the Services. With their consent, we may also directly provide product and other LogMeIn related information to attendees. LogMeIn will retain your information as long as your account with us is active, to comply with our legal obligations, to resolve disputes, and enforce our agreements. If you wish to cancel your account or for us to stop providing you services, or if we hold personal information about you and you want it to be removed from our database or inactivated, please contact us here. 3. Analytics, Cookies and Other Web Site Technologies LogMeIn is continuously improving our websites and products through the use of various third party web analytics tools, which help us understand how visitors use our websites, desktop tools, and mobile applications, what they like and dislike, and where they may have problems. While we maintain ownership of this data, we do not share this type of data about individual users with third parties. Geolocation and Other Data: We may utilize precise Geolocation data but only if you specifically opt-in to collection of that data in connection with a particular service. We also use information such as IP addresses to determine the general geographic locations areas of our visitors. The web beacons used in conjunction with these web analytics tools may gather data such as what browser or operating system a person uses, as well as, domain names, MIME types, and what content, products and services are reviewed or downloaded when visiting or registering for services at one of our websites or using one of our mobile applications. Google Analytics and Adobe Marketing Cloud: We use Google Analytics as described in “How Google uses data when you use our partners' sites or apps.” You can prevent your data from being used by Google Analytics on websites by installing the Google Analytics opt-out browser add-on here. We also employ IP address masking, a technique used to truncate IP addresses collected by Google Analytics and store them in an abbreviated form to prevent them from being traced back to individual users. Portions of our website may also use Google Analytics for Display Advertisers including DoubleClick or Dynamic Remarketing which provide interest-based ads based on your visit to this or other websites. You can use Ads Settings to manage the Google ads you see and opt-out of interest-based ads. We also use Adobe Marketing Cloud as described here. You can opt-out of use of this information as described below. Tracking Technologies: LogMeIn and our partners use cookies and similar tracking technologies to track user traffic patterns and hold certain registration information. Tracking technologies also used are beacons, tags and scripts to collect and track information and to improve and analyze our service. If you wish to not have the information these technologies collect used for the purpose of serving you targeted ads, you may opt-out here, or if located in the European Union, click here. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can still review the website if you choose to set your browser to refuse all cookies; however, you must enable cookies to establish an account and to install the Services. To manage Flash cookies, please click here. Examples of Cookies We Use: Cookie Type Purpose Description Session Cookies We use these cookies to operate our websites. Some cookies are essential for the operation of LogMeIn websites. If a user chooses to disable these cookies, the user will not be able to access all of the content and features. Preference Cookies We use these cookies to remember your preferences. When you register at a LogMeIn website, we use cookies to store unique, randomly assigned user IDs that we generate for administrative purposes. These cookies enable you to enter the LogMeIn sites without having to log on each time. Advertising Cookies These cookies are used to serve you with advertisements that may be relevant to you and your interests. We use cookies to make advertising more engaging to users, as well as to assist in reporting on marketing program performance and analytics Security Cookies These cookies are used for general security purposes and user authentication. We use security cookies to authenticate users, prevent fraudulent use of login credentials, and protect user data from access by unauthorized parties. Mobile Analytics We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. Social Media: Our sites include social media features, such as Facebook, Google and Twitter “share” buttons. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These services will also authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form or provide feedback. Your interactions with these features are governed by the privacy policy of the company providing them. 4. Information Sharing Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with (a) third party service providers; (b) business partners; (c) affiliated companies within our corporate structure and (d) as needed for legal purposes. Third party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy. Examples of how we may share information with service providers include: Fulfilling orders and providing the services Payment processing and fraud prevention Providing customer support Sending marketing communications Conducting research and analysis Providing cloud computing infrastructure Examples of how we may disclose data for legal reasons include: As part of a merger, sale of company assets, financing or acquisition of all or a portion of our business by another company where customer information will be one of the transferred assets. As required by law, for example, to comply with a valid subpoena or other legal process; when we believe in good faith that disclosure is necessary to protect our rights, or to protect your safety (or the safety of others); to investigate fraud; or to respond to a government request. We may also disclose your personal information to any third party with your prior consent. 5. Communications LogMeIn may need to communicate with you for a variety of different reasons, including: Responding to your questions and requests. If you contact us with a problem or question, we will use your information to respond. Sending you Service and administrative emails and messages. We may contact you to inform you about changes in our Services, our Service offerings, and important Service related notices, such as billing, security and fraud notices. These emails and messages are considered a necessary part of the Services and you may not opt-out of them. Sending emails about new products or other news about LogMeIn that we think you’d like to hear about either from us or from our business partners. You can always opt out of these types of messages at any time by clicking the unsubscribe link at the bottom of each communication. Conducting surveys. We may use the information gathered in the surveys to enhance and personalize our products, services, and websites. Offering referral programs and incentives, which allow you to utilize email, text, or URL links that you can share with friends or colleagues. 6. Accessing Your Data Our customers can always review, update or change personal information from within their account. LogMeIn will also, when you request, provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. Please contact us here if you need assistance in reviewing your information. LogMeIn will respond to your access request to review the information we have on file for you within a reasonable time. We may also collect information on behalf of our customers, to provide the services, and we may not have a direct relationship with the individuals whose personal data is processed. If you are a customer or end-user of one of our customers, please contact them (as the data controller) directly if: (i) you would no longer like to be contacted by them; or (ii) to access, correct, amend, or delete inaccurate data. If requested to remove data by our customer, we will respond within a reasonable timeframe. We may transfer personal information to companies that help us provide our service, and when we do, these transfers to subsequent third parties are covered by appropriate transfer agreements. We will retain personal data we process on behalf of our customer as needed to provide services to our customer. Also, we will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. LogMeIn is headquartered in the United States of America and maintains a global infrastructure. Information that we collect and maintain may be transferred to, or controlled and processed in, the United States and/or other countries around the world. When you provide us with information, or use our website(s) and services, you consent to this transfer. We will protect the privacy and security of personal information we collect in accordance with this privacy policy, regardless of where it is processed or stored. 7. Security LogMeIn follows generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received, however, no security measure is perfect. We recommend safeguarding your password, as it is one of the easiest ways you can manage the security of your own account – remember that if you lose control over your password, you may lose control over your personal information. 8. Changes to this Statement/Contact Us We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will provide notice on this website, and we may notify you by email (sent to the e-mail address specified in your account), prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. If you continue to use the Services after those changes are in effect, you agree to the revised policy. If you have any other questions about this policy please contact LogMeIn Privacy Team, or call +1 805 690 6400 or write to us via postal mail at: LogMeIn, 320 Summer Street, Boston, MA 02210. To reach our Global Customer Support department, you may contact us here. Voobly Terms of Use Contents: 1 Acceptance of Terms 2 Description of Services 3 Personal and Non-Commercial Use Limitation 4 Privacy and Protection of Personal Information 5 Notice Specific to Software Available on this Website 6 Notices Regarding Software, Documents, and Services Available on this Website 7 Member Account, Password, and Security 8 No Unlawful or Prohibited Use 9 Use of Services 10 Materials Provided to Voobly or Posted at Any Voobly Website 11 Notices and Procedure for Making Claims of Copyright Infringement 12 Links to Third Party Sites 13 Unsolicited Idea Submission Policy Acceptance of Terms The services that Voobly provides to you are subject to the following Terms of Use ("TOU"). Voobly reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. Description of Services Through its network of Web properties, Voobly provides you with access to a variety of resources, including developer tools, download areas, communication forums and game ressources (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU. Personal and Non-Commercial Use Limitation Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. Privacy and Protection of Personal Information See the Privacy Statement disclosures relating to the collection and use of your information. Notice Specific to Software Available on this Website Any software that is made available to download from the Services ("Software") is the copyrighted work of Voobly and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by Voobly. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Voobly CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, Voobly MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. VOOBLY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Voobly SOFTWARE PRODUCTS. Notices Regarding Software, Documents, and Services Available on this Website IN NO EVENT SHALL VOOBLY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. Member Account, Password, and Security If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Voobly immediately of any unauthorized use of your account or any other breach of security. Voobly will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Voobly or another party due to someone else using your account or password. You may not use anyone else's account at any time. No Unlawful or Prohibited Use As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Voobly server, or the network(s) connected to any Voobly server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Voobly server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Use of Services The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not: Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses. Violate any applicable laws or regulations. Create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. Voobly has no obligation to monitor the Communication Services. However, Voobly reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Voobly reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Voobly reserves the right at all times to disclose any information as Voobly deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Voobly's sole discretion. Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Voobly does not control or endorse the content, messages or information found in any Communication Services and, therefore, Voobly specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Voobly spokespersons, and their views do not necessarily reflect those of Voobly. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Materials Provided to Voobly or Posted at Any Voobly Website Voobly does not claim ownership of the materials you provide to Voobly (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Voobly, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Voobly Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. Voobly is under no obligation to post or use any Submission you may provide and Voobly may remove any Submission at any time in its sole discretion. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images. Notices and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Notice and Procedure for Making Claims of Copyright Infringement -- legal@voobly.com Links to Third Party Sites THE LINKS IN THIS AREA WILL LET YOU LEAVE VOOBLY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF VOOBLY AND VOOBLY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. VOOBLY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. VOOBLY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY VOOBLY OF THE SITE. Unsolicited Idea Submission Policy VOOBLY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN VOOBLY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO VOOBLY. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO VOOBLY OR ANYONE AT VOOBLY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT VOOBLY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. Wikimedia Terms of Use Our Terms of Use Imagine a world in which every single human being can freely share in the sum of all knowledge. That's our commitment. – Our Vision Statement Welcome to Wikimedia! The Wikimedia Foundation, Inc. (“we” or “us”), is a nonprofit charitable organization whose mission is to empower and engage people around the world to collect and develop content under a free license or in the public domain, and to disseminate it effectively and globally, free of charge. To support our vibrant community, we provide the essential infrastructure and organizational framework for the development of multilingual wiki Projects and their editions (as explained here) and other endeavors which serve this mission. We strive to make and keep educational and informational content from the Projects available on the internet free of charge, in perpetuity. We welcome you (“you” or the “user”) as a reader, editor, author, or contributor of the Wikimedia Projects, and we encourage you to join the Wikimedia community. Before you participate, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”). Overview These Terms of Use tell you about our public services at the Wikimedia Foundation, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host an incredible quantity of educational and informational content, all of which is contributed and made possible by users like yourself. Generally we do not contribute, monitor, or delete content (with the rare exception of policies like these Terms of Use or legal compliance for DMCA notices). This means that editorial control is in the hands of you and your fellow users who create and manage the content. We merely host this content. The community – the network of users who are constantly building and using the various sites or Projects – are the principal means through which the goals of the mission are achieved. The community contributes to and helps govern our sites. The community undertakes the critical function of creating and enforcing policies for the specific Project editions (such as the different language editions for the Wikipedia Project or the Wikimedia Commons multi-lingual edition). You are welcome to join as a contributor, editor, or author, but you should follow the policies that govern each of the independent Project editions. The largest of our Projects is Wikipedia, but we host other Projects too, each with different objectives and work methods. Each Project edition has a team of contributors, editors or authors who work together to create and manage the content on that Project edition. You are welcome to join these teams and work with them to improve these Projects. Because we are dedicated to making content freely accessible to the public, we generally require that all content you contribute is available under a free license or in the public domain. Please be aware that you are legally responsible for all of your contributions, edits, and re-use of Wikimedia content under the laws of the United States of America and other applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety. For clarity, other organizations, such as local Wikimedia chapters and associations, that may share in the same mission are nevertheless legally independent and separate from the Wikimedia Foundation and have no responsibility for the operations of the website or its content. Contents Our Terms of Use Overview 1. Our Services 2. Privacy Policy 3. Content We Host 4. Refraining from Certain Activities 5. Password Security 6. Trademarks 7. Licensing of Content 8. DMCA Compliance 9. Third-party Websites and Resources 10. Management of Websites 11. Resolutions and Project Policies 12. Termination 13. Disputes and Jurisdiction 14. Disclaimers 15. Limitation on Liability 16. Modifications to these Terms of Use 17. Other Terms Thank You! 1. Our Services The Wikimedia Foundation is dedicated to encouraging the growth, development and distribution of free multilingual content, and to hosting the full content of these wiki-based Projects for the public free of charge. Our role is to host some of the largest collaboratively edited reference Projects in the world, which can be found here. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to build the Wikimedia Projects by contributing and editing content themselves. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you, the Projects, and the other users: We do not take an editorial role: Because the Wikimedia Projects are collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the Project websites, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited. You are responsible for your own actions: You are legally responsible for your edits and contributions on Wikimedia Projects, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. WMF generally cannot offer any protection, guarantee, immunity or indemnification. 2. Privacy Policy We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in the United States of America or any other country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country. 3. Content We Host You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services. Our content is for general informational purposes only: Although we host a great deal of information that pertains to professional topics, including medical, legal, or financial issues, this content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in one of the Project websites. 4. Refraining from Certain Activities The Projects hosted by the Wikimedia Foundation only exist because of the vibrant community of users like you who collaborate to write, edit, and curate the content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared Project. Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include: Harassing and Abusing Others Engaging in harassment, threats, stalking, spamming, or vandalism; and Transmitting chain mail, junk mail, or spam to other users. Violating the Privacy of Others Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content); Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by the Wikimedia Foundation; and Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors. Engaging in False Statements, Impersonation, or Fraud Intentionally or knowingly posting content that constitutes libel or defamation; With the intent to deceive, posting content that is false or inaccurate; Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and Engaging in fraud. Committing Infringement Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law. Misusing Our Services for Other Illegal Purposes Posting child pornography or any other content that violates applicable law concerning child pornography; Posting or trafficking in obscene material that is unlawful under applicable law; and Using the services in a manner that is inconsistent with applicable law. Engaging in Disruptive and Illegal Misuse of Facilities Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users; Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Wikimedia community; Disrupting the services by placing an undue burden on a Project website or the networks or servers connected with a Project website; Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the Project website for its stated purpose; Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met: such actions do not unduly abuse or disrupt our technical systems or networks; such actions are not for personal gain (except for credit for your work); you report any vulnerabilities to MediaWiki developers (or fix it yourself); and you do not undertake such actions with malicious or destructive intent. Paid contributions without disclosure These Terms of Use prohibit engaging in deceptive activities, including misrepresentation of affiliation, impersonation, and fraud. As part of these obligations, you must disclose your employer, client, and affiliation with respect to any contribution for which you receive, or expect to receive, compensation. You must make that disclosure in at least one of the following ways: a statement on your user page, a statement on the talk page accompanying any paid contributions, or a statement in the edit summary accompanying any paid contributions. Applicable law, or community and Foundation policies and guidelines, such as those addressing conflicts of interest, may further limit paid contributions or require more detailed disclosure. A Wikimedia Project community may adopt an alternative paid contribution disclosure policy. If a Project adopts an alternative disclosure policy, you may comply with that policy instead of the requirements in this section when contributing to that Project. An alternative paid contribution policy will only supersede these requirements if it is approved by the relevant Project community and listed in the alternative disclosure policy page. For more information, please read our FAQ on disclosure of paid contributions. We reserve the right to exercise our enforcement discretion with respect to the above terms. 5. Password Security You are responsible for safeguarding your own password and should never disclose it to any third party. 6. Trademarks Although you have considerable freedoms for re-use of the content on the Project websites, it is important that, at the Wikimedia Foundation, we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, we ask that you please respect our trademarks. All Wikimedia Foundation trademarks belong to the Wikimedia Foundation, and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy. 7. Licensing of Content To grow the commons of free knowledge and free culture, all users contributing to the Projects are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely, so long as that use is properly attributed and the same freedom to re-use and re-distribute is granted to any derivative works. In keeping with our goal of providing free information to the widest possible audience, we require that when necessary all submitted content be licensed so that it is freely reusable by anyone who cares to access it. You agree to the following licensing requirements: Text to which you hold the copyright: When you submit text to which you hold the copyright, you agree to license it under: Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA”), and GNU Free Documentation License (“GFDL”) (unversioned, with no invariant sections, front-cover texts, or back-cover texts). (Re-users may comply with either license or both.) The only exception is if the Project edition or feature requires a different license. In that case, you agree to license any text you contribute under that particular license. For example, at the publication of this version of the Terms of Use, English Wikinews mandates that all text content is licensed under the Creative Commons Attribution 2.5 Generic License (CC BY 2.5) and does not require a dual license with GFDL. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms. Attribution: Attribution is an important part of these licenses. We consider it giving credit where credit is due – to authors like yourself. When you contribute text, you agree to be attributed in any of the following fashions: Through hyperlink (where possible) or URL to the article to which you contributed (since each article has a history page that lists all authors and editors); Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions). Importing text: You may import text that you have found elsewhere or that you have co-authored with others, but in such case you warrant that the text is available under terms that are compatible with the CC BY-SA 3.0 license (or, as explained above, another license when exceptionally required by the Project edition or feature)("CC BY-SA"). Content available only under GFDL is not permissible. You agree that, if you import text under a CC BY-SA license that requires attribution, you must credit the author(s) in a reasonable fashion. Where such credit is commonly given through page histories (such as Wikimedia-internal copying), it is sufficient to give attribution in the edit summary, which is recorded in the page history, when importing the text. The attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the Wikimedia community decides that imported text cannot be used for that reason. Non-text media: Non-text media on the Projects are available under a variety of different licenses that support the general goal of allowing unrestricted re-use and re-distribution. When you contribute non-text media, you agree to comply with the requirements for such licenses as described in our Licensing Policy, and also comply with the requirements of the specific Project edition or feature to which you are contributing. Also see the Wikimedia Commons Licensing Policy for more information on contributing non-text media to that Project. No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to the Wikimedia Projects or features, even if you terminate use of our services. Public domain content: Content that is in the public domain is welcome! It is important however that you confirm the public domain status of the content under the law of the United States of America as well as the laws of any other countries as required by the specific Project edition. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately. Re-use: Re-use of content that we host is welcome, though exceptions exist for content contributed under "fair use" or similar exemptions under copyright law. Any re-use must comply with the underlying license(s). When you re-use or re-distribute a text page developed by the Wikimedia community, you agree to attribute the authors in any of the following fashions: Through hyperlink (where possible) or URL to the page or pages that you are re-using (since each page has a history page that lists all authors and editors); Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Project website; or Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions). If the text content was imported from another source, it is possible that the content is licensed under a compatible CC BY-SA license but not GFDL (as described in “Importing text,” above). In that case, you agree to comply with the compatible CC BY-SA license and do not have the option to re-license it under GFDL. To determine the license that applies to the content that you seek to re-use or re-distribute, you should review the page footer, page history, and discussion page. In addition, please be aware that text that originated from external sources and was imported into a Project may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Project, such requirements may appear for example in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them. For any non-text media, you agree to comply with whatever license under which the work has been made available (which can be discovered by clicking on the work and looking at the licensing section on its description page or reviewing an applicable source page for that work). When re-using any content that we host, you agree to comply with the relevant attribution requirements as they pertain to the underlying license or licenses. Modifications or additions to material that you re-use: When modifying or making additions to text that you have obtained from a Project website, you agree to license the modified or added content under CC BY-SA 3.0 or later (or, as explained above, another license when exceptionally required by the specific Project edition or feature). When modifying or making additions to any non-text media that you have obtained from a Project website, you agree to license the modified or added content in accordance with whatever license under which the work has been made available. With both text content and non-text media, you agree to clearly indicate that the original work has been modified. If you are re-using text content in a wiki, it is sufficient to indicate in the page history that you made a change to the imported text. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself. 8. DMCA Compliance The Wikimedia Foundation wants to ensure that the content that we host can be re-used by other users without fear of liability and that it is not infringing the proprietary rights of others. In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringement that comply with the formalities of the Digital Millennium Copyright Act (DMCA). Pursuant to the DMCA, we will terminate, in appropriate circumstances, users and account holders of our system and network who are repeat infringers. However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a DMCA takedown demand is invalid or improper. For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website. If you are the owner of content that is being improperly used on one of the Projects without your permission, you may request that the content be removed under the DMCA. To make such a request, please email us at legal@wikimedia.org or snail mail our designated agent at this address. Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively than prescribed under the DMCA. In that case, you can post a notice explaining your copyright concerns. For a non-exhaustive and non-authoritative list of the relevant processes for the different Project editions, look here. Before filing a DMCA claim, you also have the option of sending an email to the community at info@wikimedia.org. 9. Third-party Websites and Resources You are solely responsible for your use of any third-party websites or resources. Although the Projects contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. 10. Management of Websites The community has the primary role in creating and enforcing policies applying to the different Project editions. At the Wikimedia Foundation, we rarely intervene in community decisions about policy and its enforcement. In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user because of significant Project disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to: Investigate your use of the service (a) to determine whether a violation of these Terms of Use, Project edition policy, or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request; Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests; Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use; Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, including repeat copyright infringement; Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and Manage otherwise the Project websites in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public. In the interests of our users and the Projects, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the same Project, unless we provide explicit permission. Without limiting the authority of the community, the Wikimedia Foundation itself will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies. The Wikimedia community and its members may also take action when so allowed by the community or Foundation policies applicable to the specific Project edition, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that are established by the community for the specific Project editions (such as arbitration committees); these decisions may include sanctions as set out by the policy of the specific Project edition. Especially problematic users who have had accounts or access blocked on multiple Project editions may be subject to a ban from all of the Project editions, in accordance with the Global Ban Policy. In contrast to Board resolutions or these Terms of Use, policies established by the community, which may cover a single Project edition or multiple Projects editions (like the Global Ban Policy), may be modified by the relevant community according to its own procedures. The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 12 of these Terms of Use. 11. Resolutions and Project Policies The Wikimedia Foundation Board of Trustees releases official policies from time to time. Some of these policies may be mandatory for a particular Project or Project edition, and, when they are, you agree to abide by them as applicable. 12. Termination Though we hope you will stay and continue to contribute to the Projects, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the Wikimedia community or its members (as described in Section 10) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the Projects. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions, including Sections 1, 3, 4, 6, 7, 9-15, and 17. 13. Disputes and Jurisdiction Highlighted for emphasis We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the dispute resolution procedures or mechanisms provided by the Projects or Project editions and the Wikimedia Foundation. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in San Francisco County, California. You also agree that the laws of the State of California and, to the extent applicable, the laws of the United States of America will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in San Francisco County, California, in any legal action or proceeding relating to us or these Terms of Use. To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred). 14. Disclaimers Highlighted for emphasis At the Wikimedia Foundation, we do our best to provide educational and informational content to a very wide audience, but your use of our services is at your sole risk. We provide these services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use. Any material downloaded or otherwise obtained through your use of our services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law. 15. Limitation on Liability Highlighted for emphasis The Wikimedia Foundation will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand U.S. dollars (USD 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law. 16. Modifications to these Terms of Use Just as the Wikimedia community's input is essential for the growth and maintenance of the Projects, we believe that community input is essential for these Terms of Use to properly serve our users. It is also essential for a fair contract. Therefore, we will provide these Terms of Use, as well as any substantial future revisions of these Terms of Use, to the community for comment at least thirty (30) days before the end of the comment period. If a future proposed revision is substantial, we will provide an additional 30 days for comments after posting a translation of the proposed revision in at least three languages (selected at our discretion). The community will be encouraged to translate the proposed revision in other languages as appropriate. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, we will provide at least three (3) days' notice. Because it may be necessary to modify these Terms of Use from time to time, we will provide notice of such modifications and the opportunity to comment via the Project websites, and via a notification on WikimediaAnnounce-L. However, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official following the notice and review period constitutes an acceptance of these Terms of Use on your part. For the protection of the Wikimedia Foundation and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services. 17. Other Terms These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, the Wikimedia Foundation. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control. You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Project websites. If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision. You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Wikimedia Projects or Project editions. Notwithstanding any provision to the contrary in these Terms of Use, we (the Wikimedia Foundation) and you agree not to modify the applicable terms and requirements of any free license that is employed on the Projects or Project editions when such free license is authorized by these Terms of Use. These Terms of Use were written in English (U.S.). While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence. If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect. Thank You! We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to the Projects and using our services. Through your contributions, you are helping to build something really big – not only an important collection of collaboratively edited reference Projects that provides education and information to millions who might otherwise lack access, but also a vibrant community of like-minded and engaged peers, focused on a very noble goal. These Terms of Use went into effect on June 16, 2014. Previous versions of the terms: Terms of Use (2012–2014): effective from May 24, 2012 until June 16, 2014 Terms of Use (2009): effective from 2009 until May 24, 2012. In the event of any differences in meaning between the original English version and a translation, the original English version takes precedence. Wikimedia Privacy Policy Welcome! The Wikimedia Foundation is the nonprofit organization that operates collaborative, free knowledge websites, like Wikipedia, Wikimedia Commons, and Wiktionary. This Policy explains how we collect, use, and share your personal information. We collect very little personal information about you. We do not rent or sell your information to third parties. By using Wikimedia Sites, you consent to this Policy. The Wikimedia movement is founded on a simple, but powerful principle: we can do more together than any of us can do alone. We cannot work collectively without gathering, sharing, and analyzing information about our users as we seek new ways to make the Wikimedia Sites more usable, safer, and more beneficial. We believe that information-gathering and use should go hand-in-hand with transparency. This Privacy Policy explains how the Wikimedia Foundation, the non-profit organization that hosts the Wikimedia Sites, like Wikipedia, collects, uses, and shares information we receive from you through your use of the Wikimedia Sites. It is essential to understand that, by using any of the Wikimedia Sites, you consent to the collection, transfer, processing, storage, disclosure, and use of your information as described in this Privacy Policy. That means that reading this Policy carefully is important. We believe that you shouldn't have to provide nonpublic personal information to participate in the free knowledge movement. You do not have to provide things like your real name, address, or date of birth to sign up for a standard account or contribute content to the Wikimedia Sites. We do not sell or rent your Personal Information, nor do we give it to others to sell you anything. We use it to figure out how to make the Wikimedia Sites more engaging and accessible, to see which ideas work, and to make learning and contributing more fun. Put simply: we use this information to make the Wikimedia Sites better for you. After all, it's people like you, the champions of free knowledge, who make it possible for the Wikimedia Sites to not only exist, but also grow and thrive. Definitions Back to top WWC arrow up.png We recognize that only a minority of you are familiar with technical terms like “tracking pixels” and “cookies” used in the Privacy Policy. Whether you are brand new to privacy terminology or you are an expert who just wants a refresher, you might find our Glossary of Key Terms helpful. Because everyone (not just lawyers) should be able to easily understand how and why their information is collected and used, we use common language instead of more formal terms throughout this Policy. To help ensure your understanding of some particular key terms, here is a table of translations: When we say... ... we mean: "the Wikimedia Foundation" / "the Foundation" / "we" / "us" / "our" The Wikimedia Foundation, Inc., the non-profit organization that operates the Wikimedia Sites. "Wikimedia Sites" / "our services" Wikimedia websites and services (regardless of language), including our main projects, such as Wikipedia and Wikimedia Commons, as well as mobile applications, APIs, emails, and notifications; excluding, however, sites and services listed in the "What This Privacy Policy Doesn't Cover" section below. "you" / "your" / "me" You, regardless of whether you are an individual, group, or organization, and regardless of whether you are using the Wikimedia Sites or our services on behalf of yourself or someone else. "this Policy" / "this Privacy Policy" This document, entitled the "Wikimedia Foundation Privacy Policy". "contributions" Content you add or changes you make to any Wikimedia Sites. "personal information" Information you provide us or information we collect from you that could be used to personally identify you. To be clear, while we do not necessarily collect all of the following types of information, we consider at least the following to be “personal information” if it is otherwise nonpublic and can be used to identify you: (a) your real name, address, phone number, email address, password, identification number on government-issued ID, IP address, user-agent information, credit card number; (b) when associated with one of the items in subsection (a), any sensitive data such as date of birth, gender, sexual orientation, racial or ethnic origins, marital or familial status, medical conditions or disabilities, political affiliation, and religion; and (c) any of the items in subsections (a) or (b) when associated with your user account. "third party" / "third parties" Individuals, entities, websites, services, products, and applications that are not controlled, managed, or operated by the Wikimedia Foundation. This includes other Wikimedia users and independent organizations or groups who help promote the Wikimedia movement such as Wikimedia chapters, thematic organizations, and user groups as well as volunteers, employees, directors, officers, grant recipients, and contractors of those organizations or groups. What This Privacy Policy Does & Doesn't Cover Except as explained below, this Privacy Policy applies to our collection and handling of information about you that we receive as a result of your use of any of the Wikimedia Sites. This Policy also applies to information that we receive from our partners or other third parties. To understand more about what this Privacy Policy covers, please see below. Examples of What This Privacy Policy Covers This Privacy Policy, however, does not cover some situations where we may gather or process information. For example, some uses may be covered by separate privacy policies (like those of the Wikimedia Shop) or sites or services run by third parties (such as third-party developer projects on Wikimedia Cloud Services). To understand more about what this Privacy Policy does not cover, please see below. Want to help translate? Translate the missing messages. More on what this Privacy Policy doesn’t cover Where community policies govern information, such as the CheckUser policy, the relevant community may add to the rules and obligations set out in this Policy. However, they are not permitted to create new exceptions or otherwise reduce the protections offered by this Policy. WMF chart.png Collection & Use of Info Types of Information We Receive From You & How We Get It Your Public Contributions Whatever you post on Wikimedia Sites can be seen and used by everyone. When you make a contribution to any Wikimedia Site, including on user or discussion pages, you are creating a permanent, public record of every piece of content added, removed, or altered by you. The page history will show when your contribution or deletion was made, as well as your username (if you are signed in) or your IP address (if you are not signed in). We may use your public contributions, either aggregated with the public contributions of others or individually, to create new features or data-related products for you or to learn more about how the Wikimedia Sites are used. Publicly Visible Information Back to top WWC arrow up.png Account Information & Registration You do not need to create an account to use any Wikimedia Site. If you do create an account, you do not need to give us your name or email address. If you do not create an account, your contributions will be publicly attributed to your IP address. Want to create an account? Great! Don't want to create an account? No problem! You are not required to create an account to read or contribute to a Wikimedia Site, except under rare circumstances. However, if you contribute without signing in, your contribution will be publicly attributed to the IP address associated with your device. If you want to create a standard account, in most cases we require only a username and a password. More on Usernames To gain a better understanding of the demographics of our users, to localize our services and to learn how we can improve our services, we may ask you for more demographic information, such as gender or age, about yourself. We will tell you if such information is intended to be public or private, so that you can make an informed decision about whether you want to provide us with that information. Providing such information is always completely optional. If you don't want to, you don't have to—it's as simple as that. Back to top WWC arrow up.png Location Information GPS & Other Location Technologies Some features we offer work better if we know what area you are in. If you consent, we can use GPS (and other technologies commonly used to determine location) to show you more relevant content. We keep information obtained by these technologies confidential, except as provided in this Policy. You can learn more by checking out the list of examples of how we use these technologies in our FAQ. Back to top WWC arrow up.png Metadata Sometimes, we automatically receive location data from your device. For example, if you want to upload a photo on the Wikimedia Commons mobile app, we may receive metadata, such as the place and time you took the photo, automatically from your device. Please be aware that, unlike location information collected using GPS signals described above, the default setting on your mobile device typically includes the metadata in your photo or video upload to the Wikimedia Sites. If you do not want metadata sent to us and made public at the time of your upload, please change your settings on your device. Back to top WWC arrow up.png IP Addresses Finally, when you visit any Wikimedia Site, we automatically receive the IP address of the device (or your proxy server) you are using to access the Internet, which could be used to infer your geographical location. Back to top WWC arrow up.png Information Related to Your Use of the Wikimedia Sites We use certain technologies to collect information about how you use Wikimedia Sites. Like other websites, we receive some information about you automatically when you visit the Wikimedia Sites. We also use a variety of commonly-used technologies, like cookies, to collect information regarding how you use the Wikimedia Sites, make our services safer and easier to use, and to help create a better and more customizable experience for you. We want to make the Wikimedia Sites better for you by learning more about how you use them. Examples of this might include how often you visit the Wikimedia Sites, what you like, what you find helpful, how you get to the Wikimedia Sites, and whether you would use a helpful feature more if we explained it differently. We also want this Policy and our practices to reflect our community's values. For this reason, we keep information related to your use of the Wikimedia Sites confidential, except as provided in this Policy. Back to top WWC arrow up.png Information We Receive Automatically Because of how browsers work, we receive some information automatically when you visit the Wikimedia Sites. This information includes the type of device you are using (possibly including unique device identification numbers, for some beta versions of our mobile applications), the type and version of your browser, your browser's language preference, the type and version of your device's operating system, in some cases the name of your internet service provider or mobile carrier, the website that referred you to the Wikimedia Sites, which pages you request and visit, and the date and time of each request you make to the Wikimedia Sites. Put simply, we use this information to enhance your experience with Wikimedia Sites. For example, we use this information to administer the sites, provide greater security, and fight vandalism; optimize mobile applications, customize content and set language preferences, test features to see what works, and improve performance; understand how users interact with the Wikimedia Sites, track and study use of various features, gain understanding about the demographics of the different Wikimedia Sites, and analyze trends. Back to top WWC arrow up.png Information We Collect We use a variety of commonly-used technologies, like cookies, to understand how you use the Wikimedia Sites, make our services safer and easier to use, and to help create a better and more customizable experience for you. We actively collect some types of information with a variety of commonly-used technologies. These generally include tracking pixels, JavaScript, and a variety of "locally stored data" technologies, such as cookies and local storage. We realize that some of these technologies do not have the best reputation in town and can be used for less-than-noble purposes. So we want to be as clear as we can about why we use these methods and the type of information we collect with them. Depending on which technology we use, locally stored data can be anything from text, pictures, and whole articles (as we explain further below) to Personal Information (like your IP address) and information about your use of the Wikimedia Sites (like your username or the time of your visit). We use this information to make your experience with the Wikimedia Sites safer and better, to gain a greater understanding of user preferences and their interaction with the Wikimedia Sites, and to generally improve our services. We will never use third-party cookies, unless we get your permission to do so. If you ever come across a third-party data collection tool that has not been authorized by you (such as one that may have been mistakenly placed by another user or administrator), please report it to us at privacy@wikimedia.org. More on Locally Stored Data Want to know even more? You can read more about some of the specific cookies we use, when they expire, and what we use them for in our FAQ. We believe this data collection helps improve your user experience, but you may remove or disable some or all locally stored data through your browser settings, depending on your browser. You can learn more about some options you have in our FAQ. While locally stored data may not be necessary to use our sites, some features will not function properly if you disable locally stored data. While the examples above concerning information about you collected through the use of data collection tools are kept confidential in accordance with this Policy, please note that some information about the actions taken by your username is made publicly available through public logs alongside actions taken by other users. For example, a public log may include the date your account was created on a Wikimedia Site along with the dates that other accounts were created on a Wikimedia Site. Back to top WWC arrow up.png How We Use Information We Receive From You We and our service providers use your information for the legitimate purpose of pursuing our charitable mission, including: Operating the Wikimedia Sites, sharing your contributions and administering our Services. Providing customized Services. Sending emails with news updates, surveys and communications about items we believe may be of interest to you. Sending optional surveys and requesting feedback. Improving the Wikimedia Sites and making your user experience safer and better. Back to top WWC arrow up.png Other Location Information GPS & Other Location Technologies As stated above, we can use commonly-used location technologies to show you more relevant content. For example, our mobile apps can identify articles from the Wikimedia sites about points of interest near your location. As a reminder, you can deactivate our access to these location technologies at any time, and still use the Wikimedia Sites. Back to top WWC arrow up.png Metadata As stated above, we may automatically receive location data from your device. For example, if you upload a photo using the Wikimedia Commons mobile app, please be aware that the default setting on your mobile device typically results in the metadata associated with your photo being included in the upload. As a reminder, if you do not want metadata sent to us and made public at the time of your upload, please change your settings on your device. Back to top WWC arrow up.png IP Addresses When you visit any Wikimedia Site, we automatically receive the IP address of the device (or your proxy server) you are using to access the Internet, which could be used to infer your geographical location. We keep IP addresses confidential, except as provided in this Policy. If you are visiting Wikimedia Sites with your mobile device, we may use your IP address to provide anonymized or aggregated information to service providers regarding the volume of usage in certain areas. We use this location information to make your experience with the Wikimedia Sites safer and better, to gain a greater understanding of user preferences and their interaction with the Wikimedia Sites, and to generally improve our services. For example, we use this information to provide greater security, optimize mobile applications, and learn how to expand and better support Wikimedia communities. We also use Personal Information in the manner described in the sections of this Policy titled "For Legal Reasons" and "To Protect You, Ourselves & Others." Back to top WWC arrow up.png WMF share.png Sharing When May We Share Your Information? With Your Permission We may share your information when you give us specific permission to do so, for legal reasons, and in the other circumstances described below. We share your information for a particular purpose, if you agree. You can find more information in the list of examples in our FAQ. Back to top WWC arrow up.png For Legal Reasons We will disclose your information in response to an official legal process only if we believe it to be legally valid. We will notify you of such requests when possible. We will access, use, preserve, and/or disclose your Personal Information if we reasonably believe it necessary to satisfy a valid and legally enforceable warrant, subpoena, court order, law or regulation, or other judicial or administrative order. However, if we believe that a particular request for disclosure of a user's information is legally invalid or an abuse of the legal system and the affected user does not intend to oppose the disclosure themselves, we will try our best to fight it. We are committed to notifying you via email at least ten (10) calendar days, when possible, before we disclose your Personal Information in response to a legal demand. However, we may only provide notice if we are not legally restrained from contacting you, there is no credible threat to life or limb that is created or increased by disclosing the request, and you have provided us with an email address. Nothing in this Privacy Policy is intended to limit any legal objections or defenses you may have to a third party's request (whether it be civil, criminal, or governmental) to disclose your information. We recommend seeking the advice of legal counsel immediately if such a request is made involving you. For more information, see our Subpoena FAQ. Back to top WWC arrow up.png If the Organization is Transferred (Really Unlikely!) In the unlikely event that the ownership of the Foundation changes, we will provide you 30 days’ notice before any personal information is transferred to the new owners or becomes subject to a different privacy policy. In the extremely unlikely event that ownership of all or substantially all of the Foundation changes, or we go through a reorganization (such as a merger, consolidation, or acquisition), we will continue to keep your Personal Information confidential, except as provided in this Policy, and provide notice to you via the Wikimedia Sites and a notification on WikimediaAnnounce-L or similar mailing list at least thirty (30) calendar days before any Personal Information is transferred or becomes subject to a different privacy policy. Back to top WWC arrow up.png To Protect You, Ourselves & Others We, or users with certain administrative rights, may disclose information that is reasonably necessary to: enforce or investigate potential violations of the Wikimedia Foundation or community-based policies; protect our organization, infrastructure, employees, contractors, or the public; or prevent imminent or serious bodily harm or death to a person. We, or particular users with certain administrative rights as described below, may need to share your Personal Information if it is reasonably believed to be necessary to enforce or investigate potential violations of our Terms of Use, this Privacy Policy, or any Wikimedia Foundation or user community-based policies. We may also need to access and share information to investigate and defend ourselves against legal threats or actions. Wikimedia Sites are collaborative, with users writing most of the policies and selecting from amongst themselves people to hold certain administrative rights. These rights may include access to limited amounts of otherwise nonpublic information about recent contributions and activity by other users. They use this access to help protect against vandalism and abuse, fight harassment of other users, and generally try to minimize disruptive behavior on the Wikimedia Sites. These various user-selected administrative groups have their own privacy and confidentiality guidelines, but all such groups are supposed to agree to follow our Access to Nonpublic Information Policy. These user-selected administrative groups are accountable to other users through checks and balances: users are selected through a community-driven process and overseen by their peers through a logged history of their actions. However, the legal names of these users are not known to the Wikimedia Foundation. We hope that this never comes up, but we may disclose your Personal Information if we believe that it's reasonably necessary to prevent imminent and serious bodily harm or death to a person, or to protect our organization, employees, contractors, users, or the public. We may also disclose your Personal Information if we reasonably believe it necessary to detect, prevent, or otherwise assess and address potential spam, malware, fraud, abuse, unlawful activity, and security or technical concerns. (Check out the list of examples in our FAQ for more information.) Back to top WWC arrow up.png To Our Service Providers We may disclose personal information to our third party service providers or contractors to help run or improve the Wikimedia Sites and provide services in support of our mission. As hard as we may try, we can't do it all. So sometimes we use third-party service providers or contractors who help run or improve the Wikimedia Sites for you and other users. We give access to your Personal Information to these providers or contractors as needed to perform their services for us or to use their tools and services. We put requirements, such as confidentiality agreements, in place to help ensure that these service providers treat your information consistently with, and no less protective of your privacy than, the principles of this Policy. (Check out the list of examples in our FAQ.) If you are visiting Wikimedia Sites with your mobile device, we use your IP address to provide anonymized or aggregated information to service providers regarding the volume of usage in certain areas. Back to top WWC arrow up.png To Understand & Experiment We give volunteer developers and researchers access to systems that contain your information to allow them to protect, develop, and contribute to the Wikimedia Sites. We also share non-Personal Information or aggregated information with third parties interested in studying the Wikimedia Sites. When we share information with third parties for these purposes, we put reasonable technical and contractual protections in place to protect your information consistent with this Policy. The open-source software that powers the Wikimedia Sites depends on the contributions of volunteer software developers, who spend time writing and testing code to help it improve and evolve with our users' needs. To facilitate their work, we give some developers limited access to systems that contain your Personal Information, but only as reasonably necessary for them to develop and contribute to the Wikimedia Sites. Similarly, we share non-Personal Information or aggregated information with researchers, scholars, academics, and other interested third parties who wish to study the Wikimedia Sites. Sharing this information helps them understand usage, viewing, and demographics statistics and patterns. They then can share their findings with us and our users so that we can all better understand and improve the Wikimedia Sites. When we give access to personal information to third-party developers or researchers, we put requirements, such as reasonable technical and contractual protections, in place to help ensure that these service providers treat your information consistently with the principles of this Policy and in accordance with our instructions. If these developers or researchers later publish their work or findings, we ask that they not disclose your personal information. Please note that, despite the obligations we impose on developers and researchers, we cannot guarantee that they will abide by our agreement, nor do we guarantee that we will regularly screen or audit their projects. (You can learn more about re-identification in our FAQ.) Back to top WWC arrow up.png Because You Made It Public Information that you post is public and can been seen and used by everyone. Any information you post publicly on the Wikimedia Sites is just that – public. For example, if you put your mailing address on your talk page, that is public, and not protected by this Policy. And if you edit without registering or logging into your account, your IP address will be seen publicly. Please think carefully about your desired level of anonymity before you disclose Personal Information on your user page or elsewhere. Back to top WWC arrow up.png WMF safe.png Protection How Do We Protect Your Data? We use a variety of physical and technical measures, policies, and procedures to help protect your information from unauthorized access, use, or disclosure. We strive to protect your information from unauthorized access, use, or disclosure. We use a variety of physical and technical measures, policies, and procedures (such as access control procedures, network firewalls, and physical security) designed to protect our systems and your Personal Information. Unfortunately, there's no such thing as completely secure data transmission or storage, so we can't guarantee that our security will not be breached (by technical measures or through violation of our policies and procedures). We will never ask for your password by email (but may send you a temporary password via email if you have requested a password reset). If you ever receive an email that requests your password, please let us know by sending it to privacy@wikimedia.org, so we can investigate the source of the email. Back to top WWC arrow up.png How Long Do We Keep Your Data? Except as otherwise stated in this policy, we only keep your Personal Information as long as necessary to maintain, understand and improve the Wikimedia Sites or to comply with U.S. law. Once we receive Personal Information from you, we keep it for the shortest possible time that is consistent with the maintenance, understanding, and improvement of the Wikimedia Sites, and our obligations under applicable U.S. law. Non-personal information may be retained indefinitely. (Check out the list of examples in our FAQ.) Please remember that certain information, such as your IP address (if you edit while not logged in) and any public contributions to the Wikimedia Sites, is archived and displayed indefinitely by design; the transparency of the projects’ contribution and revision histories is critical to their efficacy and trustworthiness. To learn more about our data retention practices, see our data retention guidelines. For further information about how you may request access to or deletion of your Personal Information, or other rights you may have with respect to your Personal Information, see our FAQ. Back to top WWC arrow up.png WMF sign.png Important info For the protection of the Wikimedia Foundation and other users, if you do not agree with this Privacy Policy, you may not use the Wikimedia Sites. Where is the Foundation & What Does That Mean for Me? The Wikimedia Foundation is a non-profit organization based in San Francisco, California, with servers and data centers located in the U.S. If you decide to use Wikimedia Sites, whether from inside or outside of the U.S., you understand that your Personal Information will be collected, transferred, stored, processed, disclosed and otherwise used in the U.S. as described in this Privacy Policy. You also understand that your information may be transferred by us from the U.S. to other countries, which may have different or less stringent data protection laws than your country, in connection with providing services to you. Back to top WWC arrow up.png Our Response to Do Not Track (DNT) signals We do not allow tracking by third-party websites you have not visited. We do not share your data with third parties for marketing purposes. We are strongly committed to not sharing nonpublic information and Personal Information with third parties. In particular, we do not allow tracking by third-party websites you have not visited (including analytics services, advertising networks, and social platforms), nor do we share your Personal Information with any third parties for marketing purposes. Under this Policy, we may share your information only under particular situations, which you can learn more about in the “When May We Share Your Information” section of this Privacy Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's "do not track" signal. For more information regarding Do Not Track signals and how we handle them, please visit our FAQ. Back to top WWC arrow up.png Changes to This Privacy Policy Substantial changes to this Policy will not be made until after a public comment period of at least 30 days. Because things naturally change over time and we want to ensure our Privacy Policy accurately reflects our practices and the law, it may be necessary to modify this Privacy Policy from time to time. We reserve the right to do so in the following manner: In the event of substantial changes, we will provide the proposed changes to our users in at least three (3) languages (selected at our discretion) for open comment period lasting at least thirty (30) calendar days. Prior to the start of any comment period, we will provide notice of such changes and the opportunity to comment via the Wikimedia Sites, and via a notification on WikimediaAnnounce-L or a similar mailing list. For minor changes, such as grammatical fixes, administrative or legal changes, or corrections of inaccurate statements, we will post the changes and, when possible, provide at least three (3) calendar days' prior notice via WikimediaAnnounce-L or similar mailing list. We ask that you please review the most up-to-date version of our Privacy Policy. Your continued use of the Wikimedia Sites after this Privacy Policy becomes effective constitutes acceptance of this Privacy Policy on your part. Your continued use of the Wikimedia Sites after any subsequent version of this Privacy Policy becomes effective, following notice as outlined above, constitutes acceptance of that version of the Privacy Policy on your part. Contact Us If you have questions or suggestions about this Privacy Policy, or the information collected under this Privacy Policy, please email us at privacy@wikimedia.org or contact us directly. Depending on your jurisdiction, you also may have the right to lodge a complaint with a supervisory authority competent for your country or region. Thank You! Thank you for reading our Privacy Policy. We hope you enjoy using the Wikimedia Sites and appreciate your participation in creating, maintaining, and constantly working to improve the largest repository of free knowledge in the world. Please note that in the event of any differences in meaning or interpretation between the original English version of this Privacy Policy and a translation, the original English version takes precedence. Dropbox Terms of Service Posted: April 17, 2018 Effective: May 25, 2018 Thanks for using Dropbox! These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). If you reside outside of the United States of America, Canada and Mexico (“North America”) your agreement is with Dropbox International Unlimited Company, and if you reside in North America your agreement is with Dropbox, Inc. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. Your Stuff & Your Permissions When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services. We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with. Sharing Your Stuff Our Services let you share Your Stuff with others, so please think carefully about what you share. Your Responsibilities You’re responsible for your conduct. Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13, or in some cases, even older. If you live in France, Germany, or the Netherlands, you must be at least 16. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services. Software Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. Beta Services We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Dropbox’s other services, so please keep that in mind. Our Stuff The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Dropbox trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. Copyright We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Copyright Agent Dropbox, Inc. 333 Brannan Street San Francisco, CA 94107 copyright@dropbox.com Paid Accounts Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws. No Refunds. You may cancel your Dropbox Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account. Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels. Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. Dropbox Teams Email address. If you sign up for a Dropbox account with an email address provisioned by your organization, your organization may be able to block your use of Dropbox until you transition to an account on a Dropbox team (e.g., Dropbox Business or Dropbox Education plans) or you associate your Dropbox account with a personal email address. Using Dropbox Teams. If you join a Dropbox team, you must use it in compliance with your organization's terms and policies. Please note that Dropbox team accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Dropbox team account. They may also be able to restrict or terminate your access to a Dropbox team account. If you convert an existing Dropbox account into part of a Dropbox team, your administrators may prevent you from later disassociating your account from the Dropbox team. Termination You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if: (a) you’re in breach of these Terms, (b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or (c) you don’t have a Paid Account and haven't accessed our Services for 12 consecutive months. We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services. We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we're prohibited from doing so by law. Discontinuation of Services We may decide to discontinue the Services in response to unforeseen circumstances beyond Dropbox’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for. Services “AS IS” We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, DROPBOX AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you. Limitation of Liability WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR DROPBOX’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR: i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT DROPBOX OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, DROPBOX, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. DROPBOX AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH DROPBOX. Resolving Disputes Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Dropbox, you agree to try to resolve the dispute informally by contacting dispute-notice@dropbox.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Dropbox may bring a formal proceeding. Judicial forum for disputes. You and Dropbox agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Dropbox consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements. IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: We Both Agree To Arbitrate. You and Dropbox agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here and submitting the opt-out form within 30 days of first registering your account. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to. Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Dropbox will pay all arbitration fees for individual arbitration for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Dropbox will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate. Either you or Dropbox may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void. Controlling Law These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws. Entire Agreement These Terms constitute the entire agreement between you and Dropbox with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, Severability & Assignment Dropbox’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Dropbox may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Modifications We may revise these Terms from time to time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services. If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms. Alibaba Transaction Services Agreement PART A: New Version (Effective as of May 25, 2018) (Updated as of May 24, 2018) PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. Thank you for trading on Alibaba.com’s web-based transaction platforms. This Transaction Services Agreement (this “Agreement”) describes the terms and conditions on which you conclude online transactions for products and services by using the online transaction sites in relation to www.alibaba.com and www.aliexpress.com (the “Alibaba.com Sites”). This Agreement contains various limitations on Alibaba.com’s transaction services as well as gives various powers and authority to Alibaba.com with respect to online transactions using Alibaba.com’s transaction services. This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller. You should read this Agreement and to the extent as applicable, the relevant transactional terms, and other rules and policies of Alibaba.com and (i) Alipay Services Agreement made between you as a User (as defined below) and Alipay Singapore E-Commerce Private Limited (“Alipay”) (the “Alipay Services Agreement”), and (ii) Alibaba.com Supplemental Services Agreement between you as a User and Alibaba.com (as defined below)(the “Alibaba.com Supplemental Services Agreement”) carefully which are hereby incorporated into this Agreement by reference. 1. Application and Acceptance of Terms 1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and the Alibaba.com entity listed below (“Alibaba.com” or “we”) for use of Alibaba.com’s certain transaction services as described below. If you are registered or resident outside the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). If you are registered or resident in the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited and Alibaba (China) Technology Co Ltd. Alibaba (China) Technology Co Ltd provides technical support in connection with the transaction services utilizing its strengths in network technologies, etc. 1.2 Transactional Terms. Alibaba.com provides an online transaction platform and ancillary services (“Transaction Services”) on the Alibaba.com Sites which allow registered members of the Alibaba.com Sites to conclude online transactions for products or services within the Alibaba.com Sites subject to the terms of this Agreement. Alibaba.com may publish transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications (“Transactional Terms”) as may be made from time to time. Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies. As some or part of the Transaction Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate some of the Transaction Services to its affiliates, particularly Alibaba.com (Europe) Limited incorporated in the United Kingdom, who you agree may invoice you for their part of the Transaction Services. 1.3 General Terms. You agree that you shall also comply with relevant rules and policies published on the Alibaba.com Sites which are also incorporated into this Agreement by reference (“General Terms”). The General Terms include without limitation: · Terms of Use; · Product Listing Policy; · Privacy Policy; and · Intellectual Property Right (IPR) Protection Policy. 1.4 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, and,to the extent as applicable, the Alipay Services Agreement and the Alibaba.com Supplemental Services Agreement, form a legally binding agreement between you and Alibaba.com in relation to your use of the Transaction Services. By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement. Please do not use the Transaction Services if you do not accept all of the terms of this Agreement. 1.5 Amendments. Alibaba.com may amend any terms of this Agreement including the Transactional Terms and the General Terms at any time by posting the relevant amended and restated version on the Sites. The amended terms shall be effective immediately upon posting. We will endeavor to give you advance notice of material changes to this Agreement. By continuing to use the Transaction Services, you agree that the amended terms will apply to you. This Agreement may not otherwise be amended except in writing by an authorized officer of Alibaba.com. 1.6 Language Version. Unless otherwise Alibaba.com has posted or provided a translation of the English version of any terms of this Agreement including the Transactional Terms and the General Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Transaction Services. 1.7 Alibaba.com Affiliates. Some of the Transaction Services may be supported by our affiliates. 1.8 Additional Terms. In some cases, you may be required to additionally enter into a separate agreement with Alibaba.com or our affiliates in connection with the Transaction Services (“Additional Terms”). If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions, as appropriate. 1.9 Membership Services. This Agreement does not affect your agreement with us or any of our affiliates concerning your subscription and use of the membership services of the Sites, unless otherwise stipulated in this Agreement or the relevant service agreement. 2. Transaction Services 2.1 Transaction Services. Alibaba.com’s Transaction Services are designed to facilitate registered members of the Alibaba.com Sites to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites (“Online Transactions”), which may include certain services which will be either supported by (i) Alipay or its affiliates, or (ii) Alibaba.com. Alibaba.com reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba.com further reserves the right to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by Alibaba.com. 2.2 Members Only. Alibaba.com’s Transaction Services are only available to registered members of the Alibaba.com Sites. If your subscription to the paid or free membership of the Alibaba.com Sites expires or is early terminated for any reason, you are not eligible to use the Transaction Services. In the event that you have a valid Online Transaction under this Agreement whilst your paid or free membership registration on the Alibaba.com Sites is terminated, Alibaba.com shall have the full discretion and authority to refund to Buyer and/or release to Seller (both Buyer and Seller as defined below) all or part of the funds under the Online Transactions as Alibaba.com considers appropriate. If you are a Seller, you are required to a valid bank account subject to verification and confirmation by Alibaba.com and our affiliates. 2.3 Types of Transactions. Alibaba.com’s Transaction Services are available to types of Online Transactions permitted by Alibaba.com only. For any type of Online Transactions, Alibaba.com may limit any or all of the Transaction Services to a specified group of members in accordance with the relevant Transactional Terms. The types of Online Transactions and other benefits, features and functions of the Transaction Services available to a registered member may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members. 2.4 Lawful Items.The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4. You shall not use the Transaction Services in connection with any Online Transaction that: (a) may infringe Alibaba.com’s or any third party’s legitimate rights including but not limited to copyright, trademark right, patent or other intellectual property rights. (b) may be in breach of the Product Listing Policy or the Intellectual Property Right (IPR) Protection Policy; (c) may be in breach of other terms of this Agreement including the Transactional Terms and the General Terms. Alibaba.com shall have the right to refuse or cancel any Online Transaction in breach of this clause 2.4. 2.5 Refuse or Cancel Transactions. Apart from clause 2.4, Alibaba.com reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Alibaba.com has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Alibaba.com or any of our affiliates to liability. Alibaba.com may also require additional verifications or information for any Online Transaction. 2.6 Alipay Services and Alibaba.com Supplemental Services. (a)(i) Alibaba.com may, through Alipay, provide certain services for certain Online Transactions (“Alipay Services”). Alipay Services are provided by Alipay Singapore E-Commerce Private Limited and its affiliates (collectively, “Alipay”) to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alipay Services are provided in accordance with the terms and conditions set out in the Alipay Services Agreement . (a)(ii) Alibaba.com may, through its affiliates particularly Alibaba.com (Europe) Limited, provide certain services for certain Online Transactions (“Alibaba.com Supplemental Services”). Alibaba.com Supplemental Services are provided by Alibaba.com to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alibaba.com Supplemental Services are provided in accordance with the terms and conditions set out in the Alibaba.com Supplemental Services Agreement . (b) Buyer Protection Plan. Alibaba.com may also provide buyer protection plan for certain Online Transactions. In case of Seller who has been offered to subscribe to the buyer protection plan, upon entering into a separate agreement with Alipay or Alibaba.com (as the case may be), Seller may be required to provide deposits using the methods as designated by Alipay or Alibaba.com on the Alibaba.com Sites to secure Seller’s due performance of obligations under the relevant buyer protection plan. Seller agrees to permit and hereby authorize Alibaba.com to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. Buyer acknowledges and agrees that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Seller subscribed to such plan and the purchase falls within the buyer protection plan’s scope and (i) Alipay Services under clause 3.4 of the Alipay Services Agreement and (ii) Alibaba.com Supplemental Services under clause 3.4 of the Alibaba.com Supplemental Services Agreement will not be applicable to you for such Online Transactions if Seller subscribed to buyer protection plan and such plan already covers your purchase. Buyer acknowledges and agrees Alibaba.com will add guarantees for the seller on such Online Transactions within the scope of buyer protection plan. The guarantee service will be performed according to the agreement reached between the guarantee service provider and the Seller. 2.7 Transactional Terms. For any type of Online Transactions, Alibaba.com may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms. 2.8 Disputes between Buyers and Sellers. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that Alibaba.com shall have the full right and power to make a determination for such Dispute. Upon receipt of a Dispute, Alibaba.com shall have the right to request either or both of Buyer and Seller to provide supporting documents. You agree that Alibaba.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Alibaba.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You agree not to hold Alibaba.com and our affiliates liable for any material which is untrue or misleading. 2.9 Powers of Alibaba.com. you expressly acknowledge and agree that Alibaba.com shall have the full power, authority and discretion to reject or cancel an Online Transaction and to make a determination on any dispute between buyer and seller including the remittance of the funds under an online transaction that are held by Alipay as instructed by Alibaba.com in accordance with this Agreement, the Alipay Services Agreement . and the relevant transactional terms. You also acknowledge that this Agreement, the Alipay Services Agreement, the Alibaba.com Supplemental Services Agreement and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction. You agree and accept that Alibaba.com shall have the right to modify or supplement the Transaction Terms. You further agree and accept that Alibaba.com shall have the right to make determinations wherever Alibaba.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement. 2.10 Alibaba.com’s Records. In case of any dispute in connection with any Online Transaction, the records of Alibaba.com shall take precedence and be conclusive. 2.11 Transactions involving a third party finance provider. You agree that: (a) Alibaba.com does not guarantee any third party finance provider (the “Lender”) will provide financing to Buyer in connection with the Online Transaction and shall not be held liable to Buyer or Seller in connection with any third party financing in connection with the Online Transaction; (b) each of Buyer and Seller hereby authorizes Alibaba.com to disclose information related to Buyer, Seller and/or the Online Transaction to the Lender in connection with the Lender’s provision of financing for the Online Transaction; and (c) any dispute with the Lender in connection with the Online Transaction shall be resolved between the Lender and the Buyer. Notwithstanding the power given to Alibaba.com under this Agreement, it is not Alibaba.com’s obligation to resolve or assist in the resolution of such dispute. 3. Transactions between Sellers and Buyers 3.1 Seller and Buyer. For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction. 3.2 Online Order. Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Alibaba.com Sites. Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc. Alibaba.com may refuse to process or cancel any Online Transaction which in Alibaba.com’s reasonable opinion, has insufficient information to constitute a binding contract. 3.3 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms. 3.4 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only. Despite that Alibaba.com provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, Alibaba.com shall not be considered as a party to the Online Transaction. Alibaba.com does not represent Seller or Buyer in any Online Transaction. Alibaba.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction. 3.5 Payment of Contract Price. For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the Alipay website or services of Alibaba.com unless another option is made available directly by Alibaba.com on the Alibaba.com Sites. When using Alipay or Alibaba.com to submit payment for an Alibaba.com Online Transaction, payments are (in the case of Online Transaction through Alipay) processed through accounts owned by Alipay or one of its affiliates and/or a registered third party service provider acting on Alipay’s behalf, and (in the case of Online Transaction through Alibaba.com) processed through accounts owned by Alibaba.com or one of its affiliates and/or a registered third party service provider acting on Alibaba.com’s behalf. The funds are received for the Seller in accordance with the Transaction Services Agreement. Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Alipay or Alibaba.com (as the case may be) constitutes final payment to Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Alipay’s or Alibaba.com’s account. In the case the Online Transaction adopts Alipay Services, the payment in connection with the Online Transactions concluded will be facilitated by Alipay. Alipay shall not dispose of any such fund except in accordance with Alibaba’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alipay Services Agreement. Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alipay Services Agreement. By using the Alipay Services, you acknowledge and agree that Alipay is not a bank and the Alipay Services should in no way be construed as the provision of banking services. Alipay is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alipay Services. In the case the Online Transaction adopts Alibaba.com Supplemental Services, the payment in connection with the Online Transactions concluded will be facilitated by Alibaba.com. Alibaba.com shall not dispose of any such fund except in accordance with Alibaba.com’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alibaba.com Supplemental Services Agreement . Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alibaba.com Supplemental Services Agreement. By using the Alibaba.com Supplemental Services, you acknowledge and agree that Alibaba.com is not a bank and the Alibaba.com Supplemental Services should in no way be construed as the provision of banking services. Alibaba.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alibaba.com Supplemental Services. Alibaba.com does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alibaba.com Supplemental Services. In the case of e-Credit Line services, you agree that the full payment of the contract price of the Online Transaction without any deductions must be made in US dollar in clear funds by one of the payment methods designated by Alibaba.com only. In the case that the Online Transaction adopts a payment method involving a third party finance provider, the relevant funds may be paid directly to the Seller on behalf of the Buyer by such finance provider. 3.6 Payment Methods. Please note that the payment methods available on the Alibaba.com Sites may be provided by Alibaba.com’s partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that Alibaba.com has the right to refund the money so requested by the payment service partner without liability to Seller. Alibaba.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only. 3.7 Third Party Vendors. You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such third party vendors may be partners of Alibaba.com and thus designated by Alibaba.com to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the Alibaba.co Sites. Notwithstanding the foregoing circumstances, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors. You shall ensure that the third parties comply with Alibaba’s Terms of Use [Link] and Privacy Policy [Link]. 3.8 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent. 4. Alibaba.com Service Fees 4.1 Service Fees. Alibaba.com charges service fees for Online Transactions according to the fee schedules announced by Alibaba.com on the Alibaba.com Sites. Alibaba.com reserves the right to charge any service fees for other types of Online Transactions upon reasonable prior notification published on the Sites. In the case the Online Transaction adopts Alipay Services, you hereby authorize Alibaba.com to instruct Alipay to deduct any service fees that are due and payable to Alibaba.com under an Online Transaction and to pay the same to Alibaba.com when Alipay releases any amount held by it under the Online Transaction. Neither Alibaba.com nor Alipay has any control over, and are not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 4.2 Third Party Fees Not Included. The service fees charged by Alibaba.com do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third party vendors. 4.3 Taxes, Financial Charges Not Included. All fees charged by Alibaba.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event Alibaba.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Alibaba.com. You will also be liable for any financial charges for remission of funds to you, and Alibaba.com shall have the right to pay such charges from such funds. Alibaba.com and Alipay shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges. 5. Member’s Responsibilities 5.1 Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and Alibaba.com’s provision of the Transaction Services. If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, Alibaba.com shall not be liable for any loss or damages arising from such default. 5.2 Representations and Warranties. You represent and warrant that: (a) you will use the Transaction Services in good faith and in compliance with all applicable laws and regulations，including laws related to anti-money laundering and counter-terrorism financing； (b) all information and material you provide in connection with the use of the Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive; (c) you will not use the Transaction Services to defraud Alibaba.com, our affiliates, or other members or users of the Alibaba.com Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law); and (d) in case that you are a Seller of products, you have the legitimate right and authorization to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party’s rights; and (e) in case that you are a Seller of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and (f) in case that you are a Seller of services, you will provide the services ordered with reasonable care and skills. 5.3 Breaches. If you are, in Alibaba.com’s opinion, not acting in good faith, abusing the Transaction Services, or otherwise in breach of this Agreement, Alibaba.com shall have the right to cancel the relevant Online Transaction(s). Alibaba.com also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Alibaba.com Sites. Alibaba.com also reserves the right to (i) temporarily suspend the transaction functionalities of your account with Alibaba.com for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alibaba.com account and/or (ii) authorize Alipay to temporarily suspend the transaction functionalities of your Alipay account for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alipay account. Alibaba.com may also publish the findings, penalties and other records regarding the breaches on the Alibaba.com Sites. 5.4 Obligations to Pay Taxes. You shall be solely responsible for payment of any taxes, duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Online Transactions. 5.5 Feedback System. You shall not take any action which may undermine the integrity of Alibaba.com’s feedback system, such as providing positive feedback on oneself on the Alibaba.com Sites using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Alibaba.com Sites. 5.6 Indemnification by Member. You agree to indemnify Alibaba.com and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Transaction Services or from your breach of this Agreement. Alibaba.com reserves the right, at our own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba.com in asserting any available defenses. 5.7 Collection and Use of Information for e-Credit Line services. If you have applied for and used the e-Credit Line services of Alibaba.com, you acknowledge and agree that Alibaba.com shall have the right to use the information collected about you and your Online Transactions, including but not limited to your credit information, business information, personal information (such as applicant name and home address) and financial information (the “Collected Information”) to facilitate the administration, processing, and operation of your use of the services. In connection with your use of the e-Credit Line services, Alibaba.com may use the Collected Information in the manner set out in the Privacy Policy and/or personal information collection statement relevant to the e-Credit Line services that you have agreed to prior to or during your application for and use of the e-Credit Line services. 6. Confidentiality 6.1 Confidential Obligations. You shall keep confidential all confidential information provided by other members of the Alibaba.com Sites or Alibaba.com in connection with any Online Transaction or the Transaction Services. 6.2 Confidential Information. All information and material provided by another member of the Alibaba.com Sites or Alibaba.com will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations. 7. Disclaimer and Limitation of Liability 7.1 No Warranty. You expressly agrees that your use of the Transaction Services is at your sole risk. TO THE FULL EXTENT PERMITTED BY LAW THE TRANSACTION SERVICES ARE PROVIDED ON THE "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASES, AND ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY MEMBER OF THE ALIBABA.COM SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES RESULTING FROM YOUR OWN JUDGEMENT AND DECISION TO USE OR OTHERWISE RELY ON SUCH INFORMATION. ALIBABA.COM AND OUR AFFILIATES FURTHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED. 7.2 Exclusion and Limitation of Liabilities. TO THE FULL EXTENT PERMITTED BY LAW, ALIBABA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES. THE AGGREGATE LIABILITY OF ALIBABA.COM AND OUR AFFILIATES AND AGENTS INCLUDING BUT NOT LIMITED TO ALIBABA.COM (EUROPE) LIMITED AND ALIPAY ARISING FROM THE TRANSACTION SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE HIGHER OF THE SERVICE FEES CHARGED BY ALIBABA.COM OR US$1,000. 7.3 SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE OR COUNTRY DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS UNDER YOUR LOCAL LAW IN YOUR STATE, PROVINCE OR COUNTRY THAT VARY FROM STATE TO STATE. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE TO YOU. 8. Force Majeure 8.1 Force Majeure. Under no circumstances shall Alibaba.com and our affiliates and agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals. 9. Notices 9.1 Notices. Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Alibaba.com Sites. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing. Except as explicitly stated otherwise, legal notices shall be served on Alibaba.com by sending the notices to Alibaba.com at 26/F, Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. 10. Governing Law; Jurisdiction 10.1 GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (“HONG KONG”) WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. 10.2 Amicable Negotiations. If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations. 10.3 DISPUTE BETWEEN BUYER AND SELLER. IN CASE A DISPUTE ARISES BETWEEN BUYER AND SELLER FROM OR IN CONNECTION WITH AN ONLINE TRANSACTION, IF THE DISPUTE IS NOT RESOLVED THROUGH AMICABLE NEGOTIATION WITHIN THE PRESCRIBED TIME PERIOD ACCORDING TO THE RELEVANT TRANSACTIONAL TERMS, YOU AGREE TO SUBMIT THE DISPUTE TO ALIBABA.COM FOR DETERMINATION. IF YOU ARE DISSATISFIED WITH ALIBABA.COM’S DETERMINATION, YOU MUST APPLY TO THE HONG KONG ARBITRATION CENTRE (“HKIAC”) FOR ARBITRATION AND NOTIFY ALIBABA.COM OF SUCH APPLICATION WITHIN 20 CALENDAR DAYS AFTER ALIBABA.COM’S DETERMINATION. IF EACH OF BUYER AND SELLER IN THE DISPUTE DOES NOT APPLY FOR ARBITRATION WITHIN THE ABOVE 20 CALENDAR DAYS, EACH OF THE BUYER AND THE SELLER SHALL BE DEEMED TO HAVE AGREED THAT ALIBABA.COM’S DETERMINATION SHALL BE FINAL AND BINDING ON YOU. WITH A FINAL DETERMINATION, IN THE CASE THE ONLINE TRANSACTION ADOPTS THE ALIPAY SERVICES, ALIBABA.COM MAY INSTRUCT ALIPAY TO DISPOSE THE FUNDS HELD BY ALIPAY ACCORDING TO SUCH DETERMINATION, AND IN THE CASE THE ONLINE TRANSACTION ADOPTS ALIBABA.COM SUPPLEMENTAL SERVICES, ALIBABA.COM MAY DISPOSE OF THE FUNDS HELD BY ALIBABA.COM ACCORDING TO SUCH DETERMINATION. FURTHER, EACH OF BUYER AND SELLER SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM AGAINST ALIBABA.COM, ALIPAY AND OUR AFFILIATES AND AGENTS. 10.4 Other Disputes. In case a Dispute arises between you and Alibaba.com in any other circumstances, if the Dispute is not resolved between you and Alibaba.com, you and Alibaba.com agree that the Dispute shall be finally resolved by arbitration with the HKIAC. 10.5 HKIAC ARBITRATION. IF ANY DISPUTE IS SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE HKIAC IN FORCE AT THE TIME OF APPLYING FOR ARBITRATION AS AMENDED BY THIS CLAUSE. THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND IN HONG KONG. THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR SOLELY BASED ON WRITTEN SUBMISSIONS AS SPECIFIED BY THE PARTY INITIATING THE ARBITRATION, PROVIDED THAT THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRATION AWARD RENDERED BY THE HKIAC SHALL BE FINAL AND BINDING ON ALL THE RELEVANT PARTIES. THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD. 10.6 Indemnification. If you initiate any legal proceedings against Alibaba.com or our affiliates in breach of this clause 10, including any legal proceedings disputing Alibaba.com’s determination which has become binding on you according to this clause 10, you shall hold Alibaba.com and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us. 10.7 Limitation Period. In any event, you may not make any claim against Alibaba.com or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim. 10.8 Injunctive Relief. Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 11. General Provisions 11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Alibaba.com with respect to and governs the use of the Transaction Services, superseding any prior written or oral agreements in relation to the same subject matter herein. 11.2 Severance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced. 11.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 11.4 Independent Contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 11.5 No Waiver. Any failure by Alibaba.com and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing. 11.6 Assignment. Alibaba.com shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alibaba.com may delegate certain of Alibaba.com rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity. PART B: Old Versions Transaction Services Agreement (Updated as of Mar 25, 2016) PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS. Thank you for trading on Alibaba.com’s web-based transaction platforms. This Alibaba.com Transaction Services Agreement (this “Agreement”) describes the terms and conditions on which you conclude online transactions for products and services by using the online transaction sites in relation to www.alibaba.com and www.aliexpress.com (the “Alibaba.com Sites”). This Agreement contains various limitations on Alibaba.com’s transaction services as well as gives various powers and authority to Alibaba.com with respect to online transactions using Alibaba.com’s transaction services. This includes without limitation the power and authority to reject or cancel an online transaction, to refund the funds to a buyer or to release the funds to a seller. You should read this Agreement and to the extent as applicable, the relevant transactional terms, and other rules and policies of Alibaba.com and (i) Alipay Services Agreement made between you as a User (as defined below) and Alipay Singapore E-Commerce Private Limited (“Alipay”) (the “Alipay Services Agreement”), and (ii) Alibaba.com Supplemental Services Agreement between you as a User and Alibaba.com (as defined below)(the “Alibaba.com Supplemental Services Agreement”) carefully which are hereby incorporated into this Agreement by reference. 1. Application and Acceptance of Terms 1.1 Contracting Party. This Agreement is entered into between you (also referred to as “Member” hereinafter) and the Alibaba.com entity listed below (“Alibaba.com” or “we”) for use of Alibaba.com’s certain transaction services as described below. If you are registered or resident outside the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D). If you are registered or resident in the mainland China, you are contracting with Alibaba.com Singapore E-Commerce Private Limited and Alibaba (China) Technology Co Ltd. Alibaba (China) Technology Co Ltd provides technical support in connection with the transaction services utilizing its strengths in network technologies, etc. 1.2 Transactional Terms. Alibaba.com provides an online transaction platform and ancillary services (“Transaction Services”) on the Alibaba.com Sites which allow registered members of the Alibaba.com Sites to conclude online transactions for products or services within the Alibaba.com Sites subject to the terms of this Agreement. Alibaba.com may publish transaction rules, dispute rules and other rules and policies for any type of online transactions and any subsequent amendments or modifications (“Transactional Terms”) as may be made from time to time. Such Transactional Terms are expressly incorporated into this Agreement by reference and you agree to be bound by such rules and policies. As some or part of the Transaction Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate some of the Transaction Services to its affiliates, particularly Alibaba.com (Europe) Limited incorporated in the United Kingdom, who you agree may invoice you for their part of the Transaction Services. 1.3 General Terms. You agree that you shall also comply with relevant rules and policies published on the Alibaba.com Sites which are also incorporated into this Agreement by reference (“General Terms”). The General Terms include without limitation: · Terms of Use; · Product Listing Policy; · Privacy Policy; and · Intellectual Property Right (IPR) Protection Policy. 1.4 Binding Agreement. This Agreement, including the Transactional Terms and the General Terms, and,to the extent as applicable, the Alipay Services Agreement and the Alibaba.com Supplemental Services Agreement, form a legally binding agreement between you and Alibaba.com in relation to your use of the Transaction Services. By accessing and using the Transaction Services, you agree to accept and be bound by this Agreement. Please do not use the Transaction Services if you do not accept all of the terms of this Agreement. 1.5 Amendments. Alibaba.com may amend any terms of this Agreement including the Transactional Terms and the General Terms at any time by posting the relevant amended and restated version on the Sites. The amended terms shall be effective immediately upon posting. We will endeavor to give you advance notice of material changes to this Agreement. By continuing to use the Transaction Services, you agree that the amended terms will apply to you. This Agreement may not otherwise be amended except in writing by an authorized officer of Alibaba.com. 1.6 Language Version. Unless otherwise Alibaba.com has posted or provided a translation of the English version of any terms of this Agreement including the Transactional Terms and the General Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Transaction Services. 1.7 Alibaba.com Affiliates. Some of the Transaction Services may be supported by our affiliates. 1.8 Additional Terms. In some cases, you may be required to additionally enter into a separate agreement with Alibaba.com or our affiliates in connection with the Transaction Services (“Additional Terms”). If there is any contradiction between the provisions of this Agreement and the provisions of the Additional Terms, the Additional Terms shall govern the relevant types of Transaction Services or Online Transactions, as appropriate. 1.9 Membership Services. This Agreement does not affect your agreement with us or any of our affiliates concerning your subscription and use of the membership services of the Sites, unless otherwise stipulated in this Agreement or the relevant service agreement. 2. Transaction Services 2.1 Transaction Services. Alibaba.com’s Transaction Services are designed to facilitate registered members of the Alibaba.com Sites to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites (“Online Transactions”), which may include certain services which will be either supported by (i) Alipay or its affiliates, or (ii) Alibaba.com. Alibaba.com reserves the right to change, upgrade, modify, limit or suspend the Transaction Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba.com further reserves the right to introduce new features, functionalities or applications to the Transaction Services or to future versions of the Transaction Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise expressly stated by Alibaba.com. 2.2 Members Only. Alibaba.com’s Transaction Services are only available to registered members of the Alibaba.com Sites. If your subscription to the paid or free membership of the Alibaba.com Sites expires or is early terminated for any reason, you are not eligible to use the Transaction Services. In the event that you have a valid Online Transaction under this Agreement whilst your paid or free membership registration on the Alibaba.com Sites is terminated, Alibaba.com shall have the full discretion and authority to refund to Buyer and/or release to Seller (both Buyer and Seller as defined below) all or part of the funds under the Online Transactions as Alibaba.com considers appropriate. If you are a Seller, you are required to a valid bank account subject to verification and confirmation by Alibaba.com and our affiliates. 2.3 Types of Transactions. Alibaba.com’s Transaction Services are available to types of Online Transactions permitted by Alibaba.com only. For any type of Online Transactions, Alibaba.com may limit any or all of the Transaction Services to a specified group of members in accordance with the relevant Transactional Terms. The types of Online Transactions and other benefits, features and functions of the Transaction Services available to a registered member may vary for different countries and regions. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all members. 2.4 Lawful Items.The products or services of an Online Transaction using the Transaction Services must be lawful items and must not be otherwise prohibited or restricted by this clause 2.4. You shall not use the Transaction Services in connection with any Online Transaction that: (a) may infringe Alibaba.com’s or any third party’s legitimate rights including but not limited to copyright, trademark right, patent or other intellectual property rights. (b) may be in breach of the Product Listing Policy or the Intellectual Property Right (IPR) Protection Policy; (c) may be in breach of other terms of this Agreement including the Transactional Terms and the General Terms. Alibaba.com shall have the right to refuse or cancel any Online Transaction in breach of this clause 2.4. 2.5 Refuse or Cancel Transactions. Apart from clause 2.4, Alibaba.com reserves the right, at our sole discretion, to refuse or cancel any Online Transaction for any reason. Some situations that may result in an Online Transaction being rejected or canceled include where problems are identified by our credit and fraud control department, where Alibaba.com has reason to believe the Online Transaction is unauthorized, violates any law, rule or regulations or may otherwise subject Alibaba.com or any of our affiliates to liability. Alibaba.com may also require additional verifications or information for any Online Transaction. 2.6 Alipay Services and Alibaba.com Supplemental Services. (a)(i) Alibaba.com may, through Alipay, provide certain services for certain Online Transactions (“Alipay Services”). Alipay Services are provided by Alipay Singapore E-Commerce Private Limited and its affiliates (collectively, “Alipay”) to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alipay Services are provided in accordance with the terms and conditions set out in the Alipay Services Agreement . (a)(ii) Alibaba.com may, through its affiliates particularly Alibaba.com (Europe) Limited, provide certain services for certain Online Transactions (“Alibaba.com Supplemental Services”). Alibaba.com Supplemental Services are provided by Alibaba.com to receive payment of funds in support of Alibaba.com Sites for the Online Transactions. The Alibaba.com Supplemental Services are provided in accordance with the terms and conditions set out in the Alibaba.com Supplemental Services Agreement . (b) Buyer Protection Plan. Alibaba.com may also provide buyer protection plan for certain Online Transactions. In case of Seller who has been offered to subscribe to the buyer protection plan, upon entering into a separate agreement with Alipay or Alibaba.com (as the case may be), Seller may be required to provide deposits using the methods as designated by Alipay or Alibaba.com on the Alibaba.com Sites to secure Seller’s due performance of obligations under the relevant buyer protection plan. Seller agrees to permit and hereby authorize Alibaba.com to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. Buyer acknowledges and agrees that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Seller subscribed to such plan and the purchase falls within the buyer protection plan’s scope and (i) Alipay Services under clause 3.4 of the Alipay Services Agreement and (ii) Alibaba.com Supplemental Services under clause 3.4 of the Alibaba.com Supplemental Services Agreement will not be applicable to you for such Online Transactions if Seller subscribed to buyer protection plan and such plan already covers your purchase. Buyer acknowledges and agrees Alibaba.com will add guarantees for the seller on such Online Transactions within the scope of buyer protection plan. The guarantee service will be performed according to the agreement reached between the guarantee service provider and the Seller. 2.7 Transactional Terms. For any type of Online Transactions, Alibaba.com may impose additional restrictions, limitations and prohibitions as well as penalties for any violations in the relevant Transactional Terms. 2.8 Disputes between Buyers and Sellers. You agree that any Dispute arising between you and the other party to an Online Transaction will be handled in accordance with clause 10, and that Alibaba.com shall have the full right and power to make a determination for such Dispute. Upon receipt of a Dispute, Alibaba.com shall have the right to request either or both of Buyer and Seller to provide supporting documents. You agree that Alibaba.com shall have the absolute discretion to reject or receive any supporting document. You also acknowledge that Alibaba.com is not a judicial or arbitration institution and will make the determinations only as an ordinary non-professional person. Further, we do not warrant that the supporting documents that the parties to the Dispute submit will be true, complete or accurate. You agree not to hold Alibaba.com and our affiliates liable for any material which is untrue or misleading. 2.9 Powers of Alibaba.com. you expressly acknowledge and agree that Alibaba.com shall have the full power, authority and discretion to reject or cancel an Online Transaction and to make a determination on any dispute between buyer and seller including the remittance of the funds under an online transaction that are held by Alipay as instructed by Alibaba.com in accordance with this Agreement, the Alipay Services Agreement . and the relevant transactional terms. You also acknowledge that this Agreement, the Alipay Services Agreement, the Alibaba.com Supplemental Services Agreement and the relevant Transactional Terms may not cover all issues that may arise in connection with an Online Transaction. You agree and accept that Alibaba.com shall have the right to modify or supplement the Transaction Terms. You further agree and accept that Alibaba.com shall have the right to make determinations wherever Alibaba.com considers appropriate having regard to the evidence received by us, commonly accepted principles and practices in the relevant industries and interests of both Buyer and Seller regardless whether the issue in question has been expressly addressed in the Transactional Terms or this Agreement. 2.10 Alibaba.com’s Records. In case of any dispute in connection with any Online Transaction, the records of Alibaba.com shall take precedence and be conclusive. 2.11 Transactions involving a third party finance provider. You agree that: (a) Alibaba.com does not guarantee any third party finance provider (the “Lender”) will provide financing to Buyer in connection with the Online Transaction and shall not be held liable to Buyer or Seller in connection with any third party financing in connection with the Online Transaction; (b) each of Buyer and Seller hereby authorizes Alibaba.com to disclose information related to Buyer, Seller and/or the Online Transaction to the Lender in connection with the Lender’s provision of financing for the Online Transaction; and (c) any dispute with the Lender in connection with the Online Transaction shall be resolved between the Lender and the Buyer. Notwithstanding the power given to Alibaba.com under this Agreement, it is not Alibaba.com’s obligation to resolve or assist in the resolution of such dispute. 3. Transactions between Sellers and Buyers 3.1 Seller and Buyer. For the purpose of this Agreement, the term “Seller” means the registered member who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction. 3.2 Online Order. Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the Alibaba.com Sites. Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc. Alibaba.com may refuse to process or cancel any Online Transaction which in Alibaba.com’s reasonable opinion, has insufficient information to constitute a binding contract. 3.3 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms. 3.4 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only. Despite that Alibaba.com provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, Alibaba.com shall not be considered as a party to the Online Transaction. Alibaba.com does not represent Seller or Buyer in any Online Transaction. Alibaba.com will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction. 3.5 Payment of Contract Price. For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Seller through the Alipay website or services of Alibaba.com unless another option is made available directly by Alibaba.com on the Alibaba.com Sites. When using Alipay or Alibaba.com to submit payment for an Alibaba.com Online Transaction, payments are (in the case of Online Transaction through Alipay) processed through accounts owned by Alipay or one of its affiliates and/or a registered third party service provider acting on Alipay’s behalf, and (in the case of Online Transaction through Alibaba.com) processed through accounts owned by Alibaba.com or one of its affiliates and/or a registered third party service provider acting on Alibaba.com’s behalf. The funds are received for the Seller in accordance with the Alibaba.com Transaction Services Agreement. Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Alipay or Alibaba.com (as the case may be) constitutes final payment to Seller and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Alipay’s or Alibaba.com’s account. In the case the Online Transaction adopts Alipay Services, the payment in connection with the Online Transactions concluded will be facilitated by Alipay. Alipay shall not dispose of any such fund except in accordance with Alibaba’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alipay Services Agreement. Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alipay Services Agreement. By using the Alipay Services, you acknowledge and agree that Alipay is not a bank and the Alipay Services should in no way be construed as the provision of banking services. Alipay is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alipay Services. In the case the Online Transaction adopts Alibaba.com Supplemental Services, the payment in connection with the Online Transactions concluded will be facilitated by Alibaba.com. Alibaba.com shall not dispose of any such fund except in accordance with Alibaba.com’s terms as agreed by Seller and Buyer which are set out in the terms and conditions of this Agreement and the Alibaba.com Supplemental Services Agreement . Seller has requested and agreed that the settlement of funds to Seller be delayed as provided in the Alibaba.com Supplemental Services Agreement. By using the Alibaba.com Supplemental Services, you acknowledge and agree that Alibaba.com is not a bank and the Alibaba.com Supplemental Services should in no way be construed as the provision of banking services. Alibaba.com is not acting as a trustee, fiduciary or escrow with respect to User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alibaba.com Supplemental Services. Alibaba.com does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on Alibaba.com Sites. You further agree that neither Buyer nor Seller will receive interest or other profits in relation to the Alibaba.com Supplemental Services. In the case of e-Credit Line services, you agree that the full payment of the contract price of the Online Transaction without any deductions must be made in US dollar in clear funds by one of the payment methods designated by Alibaba.com only. In the case that the Online Transaction adopts a payment method involving a third party finance provider, the relevant funds may be paid directly to the Seller on behalf of the Buyer by such finance provider. 3.6 Payment Methods. Please note that the payment methods available on the Alibaba.com Sites may be provided by Alibaba.com’s partners. If there is any chargeback or reversal of any payment requested by a payment service partner, Seller agrees that Alibaba.com has the right to refund the money so requested by the payment service partner without liability to Seller. Alibaba.com will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only. 3.7 Third Party Vendors. You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such third party vendors may be partners of Alibaba.com and thus designated by Alibaba.com to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the Alibaba.co Sites. Notwithstanding the foregoing circumstances, for all third party vendors, you acknowledge and agree that such third party vendors are engaged at your own discretion and cost and that you will not hold Alibaba.com and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors. 3.8 Your Agent. If you are required to conclude and complete an Online Transaction through an agent e.g. a Seller may be required to engage a qualified import and export agent as its export agent, such agent is merely an agent of you. If any obligations are required to be performed by the agent, you shall remain solely liable to the other party of the Online Transaction for the non-performance or default by your agent. 4. Alibaba.com Service Fees 4.1 Service Fees. Alibaba.com charges service fees for Online Transactions according to the fee schedules announced by Alibaba.com on the Alibaba.com Sites. Alibaba.com reserves the right to charge any service fees for other types of Online Transactions upon reasonable prior notification published on the Sites. In the case the Online Transaction adopts Alipay Services, you hereby authorize Alibaba.com to instruct Alipay to deduct any service fees that are due and payable to Alibaba.com under an Online Transaction and to pay the same to Alibaba.com when Alipay releases any amount held by it under the Online Transaction. Neither Alibaba.com nor Alipay has any control over, and are not responsible or liable for, the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 4.2 Third Party Fees Not Included. The service fees charged by Alibaba.com do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third party vendors. 4.3 Taxes, Financial Charges Not Included. All fees charged by Alibaba.com are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event Alibaba.com is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to Alibaba.com. You will also be liable for any financial charges for remission of funds to you, and Alibaba.com shall have the right to pay such charges from such funds. Alibaba.com and Alipay shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such bank charges. 5. Member’s Responsibilities 5.1 Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and Alibaba.com’s provision of the Transaction Services. If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, Alibaba.com shall not be liable for any loss or damages arising from such default. 5.2 Representations and Warranties. You represent and warrant that: (a) you will use the Transaction Services in good faith and in compliance with all applicable laws and regulations，including laws related to anti-money laundering and counter-terrorism financing； (b) all information and material you provide in connection with the use of the Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive; (c) you will not use the Transaction Services to defraud Alibaba.com, our affiliates, or other members or users of the Alibaba.com Sites or engage in other unlawful activities (including without limitation dealing in products prohibited by law); and (d) in case that you are a Seller of products, you have the legitimate right and authorization to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party’s rights; and (e) in case that you are a Seller of products, you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and (f) in case that you are a Seller of services, you will provide the services ordered with reasonable care and skills. 5.3 Breaches. If you are, in Alibaba.com’s opinion, not acting in good faith, abusing the Transaction Services, or otherwise in breach of this Agreement, Alibaba.com shall have the right to cancel the relevant Online Transaction(s). Alibaba.com also reserves the right to impose any penalty, or to temporarily or permanently suspend or terminate your use of the Transaction Services, temporarily or permanently suspend or terminate or procure the suspension or termination of your paid or free membership on the Alibaba.com Sites. Alibaba.com also reserves the right to (i) temporarily suspend the transaction functionalities of your account with Alibaba.com for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alibaba.com account and/or (ii) authorize Alipay to temporarily suspend the transaction functionalities of your Alipay account for a prescribed period determined by Alibaba.com, or permanently terminate the use of your Alipay account. Alibaba.com may also publish the findings, penalties and other records regarding the breaches on the Alibaba.com Sites. 5.4 Obligations to Pay Taxes. You shall be solely responsible for payment of any taxes, duties or other governmental levies or any charges or fees that may be imposed on any products or services purchased or supplied under or in connection with the Online Transactions. 5.5 Feedback System. You shall not take any action which may undermine the integrity of Alibaba.com’s feedback system, such as providing positive feedback on oneself on the Alibaba.com Sites using secondary Member IDs or through third parties or by providing unsubstantiated negative feedback on another member on the Alibaba.com Sites. 5.6 Indemnification by Member. You agree to indemnify Alibaba.com and our affiliates, employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Transaction Services or from your breach of this Agreement. Alibaba.com reserves the right, at our own discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba.com in asserting any available defenses. 5.7 Collection and Use of Information. You acknowledge and agree that Alibaba.com may, through your use of the Transaction Services, collect information about you and your Online Transactions, including but not limited to your credit information, business information, personal information (such as applicant name and home address), and financial information (the “Collected Information”). Alibaba.com reserves the right to use the Collected Information for the purposes set forth in this Agreement and in the manner set out in the Website’s Privacy Policy. You further acknowledge and agree that Alibaba.com may use the Collected Information for use in the operation, marketing and promotion of the Website as well as the Website’s products and services. If you have applied for and used the e-Credit Line services of Alibaba.com, you further acknowledge and agree that Alibaba.com shall have the right to use the Collected Information to facilitate the administration, processing, and operation of your use of the services and disclose the Collected Information to the relevant third party financial services institution designated by Alibaba.com solely for the purposes of facilitating your application and use of the e-Credit Line services. In connection with your use of the e-Credit Line services, Alibaba.com may use the Collected Information in the manner set out in the privacy policy and/or personal information collection statement relevant to the e-Credit Line services that you have agreed to prior to or during your application for and use of the e-Credit Line services. 6. Confidentiality 6.1 Confidential Obligations. You shall keep confidential all confidential information provided by other members of the Alibaba.com Sites or Alibaba.com in connection with any Online Transaction or the Transaction Services. 6.2 Confidential Information. All information and material provided by another member of the Alibaba.com Sites or Alibaba.com will be deemed to be confidential information unless such information or material is already in the public domain or has subsequently becomes public other than due to your breach of the confidential obligations. 7. Disclaimer and Limitation of Liability 7.1 No Warranty. You expressly agrees that your use of the Transaction Services is at your sole risk. TO THE FULL EXTENT PERMITTED BY LAW THE TRANSACTION SERVICES ARE PROVIDED ON THE "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASES, AND ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. ALIBABA.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, TRUTHFULNESS AND COMPLETENESS OF THE INFORMATION PROVIDED BY ANY MEMBER OF THE ALIBABA.COM SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ALL CONSEQUENCES RESULTING FROM YOUR OWN JUDGEMENT AND DECISION TO USE OR OTHERWISE RELY ON SUCH INFORMATION. ALIBABA.COM AND OUR AFFILIATES FURTHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY DISCLAIMED AND EXCLUDED. 7.2 Exclusion and Limitation of Liabilities. TO THE FULL EXTENT PERMITTED BY LAW, ALIBABA.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT, EQUITY OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE TRANSACTION SERVICES. THE AGGREGATE LIABILITY OF ALIBABA.COM AND OUR AFFILIATES AND AGENTS INCLUDING BUT NOT LIMITED TO ALIBABA.COM (EUROPE) LIMITED AND ALIPAY ARISING FROM THE TRANSACTION SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE HIGHER OF THE SERVICE FEES CHARGED BY ALIBABA.COM OR US$1,000. 7.3 SOME OR ALL OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IF YOUR STATE, PROVINCE OR COUNTRY DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS UNDER YOUR LOCAL LAW IN YOUR STATE, PROVINCE OR COUNTRY THAT VARY FROM STATE TO STATE. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE TO YOU. 8. Force Majeure 8.1 Force Majeure. Under no circumstances shall Alibaba.com and our affiliates and agents be held liable for any delay or failure or disruption of the Transaction Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals. 9. Notices 9.1 Notices. Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the Alibaba.com Sites. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing. Except as explicitly stated otherwise, legal notices shall be served on Alibaba.com by sending the notices to Alibaba.com at 26/F, Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. 10. Governing Law; Jurisdiction 10.1 GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (“HONG KONG”) WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. 10.2 Amicable Negotiations. If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations. 10.3 DISPUTE BETWEEN BUYER AND SELLER. IN CASE A DISPUTE ARISES BETWEEN BUYER AND SELLER FROM OR IN CONNECTION WITH AN ONLINE TRANSACTION, IF THE DISPUTE IS NOT RESOLVED THROUGH AMICABLE NEGOTIATION WITHIN THE PRESCRIBED TIME PERIOD ACCORDING TO THE RELEVANT TRANSACTIONAL TERMS, YOU AGREE TO SUBMIT THE DISPUTE TO ALIBABA.COM FOR DETERMINATION. IF YOU ARE DISSATISFIED WITH ALIBABA.COM’S DETERMINATION, YOU MUST APPLY TO THE HONG KONG ARBITRATION CENTRE (“HKIAC”) FOR ARBITRATION AND NOTIFY ALIBABA.COM OF SUCH APPLICATION WITHIN 20 CALENDAR DAYS AFTER ALIBABA.COM’S DETERMINATION. IF EACH OF BUYER AND SELLER IN THE DISPUTE DOES NOT APPLY FOR ARBITRATION WITHIN THE ABOVE 20 CALENDAR DAYS, EACH OF THE BUYER AND THE SELLER SHALL BE DEEMED TO HAVE AGREED THAT ALIBABA.COM’S DETERMINATION SHALL BE FINAL AND BINDING ON YOU. WITH A FINAL DETERMINATION, IN THE CASE THE ONLINE TRANSACTION ADOPTS THE ALIPAY SERVICES, ALIBABA.COM MAY INSTRUCT ALIPAY TO DISPOSE THE FUNDS HELD BY ALIPAY ACCORDING TO SUCH DETERMINATION, AND IN THE CASE THE ONLINE TRANSACTION ADOPTS ALIBABA.COM SUPPLEMENTAL SERVICES, ALIBABA.COM MAY DISPOSE OF THE FUNDS HELD BY ALIBABA.COM ACCORDING TO SUCH DETERMINATION. FURTHER, EACH OF BUYER AND SELLER SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM AGAINST ALIBABA.COM, ALIPAY AND OUR AFFILIATES AND AGENTS. 10.4 Other Disputes. In case a Dispute arises between you and Alibaba.com in any other circumstances, if the Dispute is not resolved between you and Alibaba.com, you and Alibaba.com agree that the Dispute shall be finally resolved by arbitration with the HKIAC. 10.5 HKIAC ARBITRATION. IF ANY DISPUTE IS SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE HKIAC IN FORCE AT THE TIME OF APPLYING FOR ARBITRATION AS AMENDED BY THIS CLAUSE. THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND IN HONG KONG. THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR SOLELY BASED ON WRITTEN SUBMISSIONS AS SPECIFIED BY THE PARTY INITIATING THE ARBITRATION, PROVIDED THAT THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES. THE ARBITRATION AWARD RENDERED BY THE HKIAC SHALL BE FINAL AND BINDING ON ALL THE RELEVANT PARTIES. THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD. 10.6 Indemnification. If you initiate any legal proceedings against Alibaba.com or our affiliates in breach of this clause 10, including any legal proceedings disputing Alibaba.com’s determination which has become binding on you according to this clause 10, you shall hold Alibaba.com and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us. 10.7 Limitation Period. In any event, you may not make any claim against Alibaba.com or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim. 10.8 Injunctive Relief. Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 11. General Provisions 11.1 Entire Agreement. This Agreement constitutes the entire agreement between you and Alibaba.com with respect to and governs the use of the Transaction Services, superseding any prior written or oral agreements in relation to the same subject matter herein. 11.2 Severance. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced. 11.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 11.4 Independent Contractor. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 11.5 No Waiver. Any failure by Alibaba.com and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing. 11.6 Assignment. Alibaba.com shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alibaba.com may delegate certain of Alibaba.com rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity. ALIPAY SERVICES AGREEMENT (Updated as of June, 2017) PLEASE READ THIS AGREEMENT CAREFULLY This services agreement, including the Schedules, (the “Agreement”) is made between: (1) You, as a User (as defined below) of one or more of the online sites (collectively, the "Platform Sites") set out below and belonging to a User group described below (“You”): (a) Platform Site: www.aliexpress.com (the "AliExpress Site") User Group: Buyer (as defined below); Seller (as defined below) (b) Platform Site: http://wholesale.alibaba.com (the “Alibaba.com Wholesale Site”) User Group: Buyer (as defined below); Seller (as defined below) (c) Platform Site: www.tmall.hk (the "Tmall Global Site") User Group: Buyer (d) Platform Site: https://intl.aliyun.com (the "Alibaba Cloud Site") User Group: Buyer and (2) ALIPAY SINGAPORE E-COMMERCE PRIVATE LIMITED (incorporated in Singapore with company registration no.: 201000378D) ("Alipay"). This Agreement supplements the relevant transaction services agreement between you and the respective entity in connection with the services provided on AliExpress Site, Alibaba.com Wholesale Site, Tmall Global Site or Alibaba Cloud Site (collectively, the "Platform Operators") as the case may be (the "Transaction Services Agreement"), and sets out the terms and conditions regarding your use of the Alipay Services (as defined below) provided to registered users of the Platform Sites ("Users").In the event of any conflict between this Agreement (or any portion thereof) and any Transaction Services Agreement, the terms of this Agreement shall govern. Unless otherwise indicated or the context requires otherwise, reference to “Alipay”, “we”, “us” or “our” in the Agreement include Alipay and its affiliates, including Alipay.com Co., Ltd., Alipay (UK) Limited and Alipay US, Inc. that are involved in providing the Alipay Services, and such affiliates are joined as parties to the Agreement with respect to the Alipay Services they provide. The Transaction Services Agreements are available at the following links (a) For the AliExpress Site: click [here] (b) For the Alibaba.com Wholesale Site: click [here] (c) For the Tmall Global Site: click [here] (d) For the Alibaba Cloud Site: click [here] 1. Acceptance of Terms 1.1 You acknowledge that Alipay is performing the Alipay Services to you as a User of the applicable Platform Site to support your online transactions concluded on and through such Platform Site ("Online Transactions"), and in accordance with the Platform Operators' instructions. 1.2 You acknowledge that you have read this Agreement prior to your use of the Alipay Services. Each time you use the Alipay Services you confirm that you agree to be bound by the terms and conditions of this Agreement and any subsequent amendments or modifications as may be made from time to time. 1.3 Some of the Alipay Services may be supported and provided by our affiliates, including Alipay.com Co., Ltd, Alipay (UK) Limited and Alipay US, Inc. If you are a registered user of the www.alipay.com online site (“Alipay Site”), this Agreement shall not apply to your use of services provided by Alipay.com Co., Ltd. on and through the Alipay Site. 1.4 We may amend this Agreement any time by posting an updated version on the Platform Sites. The updated version of this Agreement shall take effect immediately upon posting. By continuing to use the Alipay Services, you agree to that the amended terms will apply to you. 2. Alipay Services 2.1 The “Alipay Services” are services provided by Alipay and our affiliates to facilitate payments in connection with Online Transactions. Each of your Online Transactions are subject to the applicable Transaction Services Agreement. 2.2 The Alipay Services are only available to the Users of the Platform Sites. A User may be a "Buyer" or a "Seller", as the case may be. A User who purchases or acquires any product or service in an Online Transaction is referred to also as a “Buyer”, and a User who sells or provides any product or service in an Online Transaction is also referred to as a “Seller”. If your subscription to any services of the Platform Sites expires or is terminated for any reason, you will not be eligible to use the Alipay Services to conclude Online Transactions on the Platform Sites. 2.3 Alipay shall have the right to refuse to provide the Alipay Services for any Online Transaction if (a) the Online Transaction does not satisfy the terms and conditions in the applicable Transaction Services Agreement or the other applicable terms, rules and policies concerning the transaction services provided by the Platform Operators under the applicable Transaction Services Agreement in accordance with the Platform Operators’ instructions or (b) if Alipay has reason to believe that the Online Transaction may violate any laws, rules or regulations or may otherwise subject Alipay or any of our affiliates to liability or obligation. Alipay is not obliged to provide the Alipay Services where the bank account designated by a Seller in an Online Transaction to receive the transaction price has not been verified and confirmed by Alipay and our affiliates. You agree that Alipay or its local affiliates shall have the sole and absolute discretion to send or transfer funds subject to the terms of this Agreement. 3. Alipay Services for Online Transactions 3.1 The Buyer in an Online Transaction shall pay the full transaction price listed for the Online Transaction to the Seller through the Alipay website unless another option is made available directly by the Platform Operator on the relevant Platform Site. When using Alipay to submit payment for an Online Transaction, payments are processed through accounts owned by Alipay or one of its affiliates and/or a registered third party service provider acting on Alipay’s behalf and the relevant funds are received for the Seller in accordance with the applicable Transaction Services Agreement. The Seller hereby appoints Alipay as its agent for the limited purpose of receiving payments from Buyers. The Seller agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to Alipay constitutes final payment to the Seller extinguishing Buyer’s payment obligation to Seller as if the Buyer had paid the Seller directly, even if the payment is not received by Seller from Alipay. Alipay, and not the Buyer, is solely liable to the Seller for payment if Alipay fails to remit payments received from Buyer to the Seller. The payment must be made in US Dollars or any other currencies as supported by Alipay at the time of the transaction. Buyers will receive a receipt upon payment that will indicate that payment has been made on the applicable date. For Buyers located in the United States or Buyers making payments via U.S. credit cards, debit cards or bank accounts, Alipay US, Inc. is the agent of Seller to receive payments authorized by such Buyers. 3.2 Upon receipt of the Buyer’s payment, Alipay shall promptly notify the relevant Platform Site of the details of the payment. 3.3 Alipay shall retain the funds received in connection with an Online Transaction as instructed by the Platform Operators until, as agreed between the Seller and the relevant Platform Operator, the first of any of the following events occurs: (a) the Buyer’s confirmation of a successful completion of the Online Transaction, in which case all the funds will be transferred to the Seller; (b) the Buyer’s failure to confirm receipt of the goods or services within the time limit prescribed by the Seller and as agreed by the relevant Platform Operator, in which case all the funds will be transferred to Seller; (c) cancellation of the Online Transaction, in which case all the funds will be refunded to Buyer; (d) the conclusion of any settlement agreement between the Buyer and the Seller, in which case the funds will be disposed in accordance with such settlement agreement; (e) a dispute in relation to the services provided by the Platform Operator has been submitted to an Platform Site for a Platform Operator’s determination and the Platform Operator’s determination has become final and binding according to the applicable Transaction Services Agreement, in which case the funds will be disposed in accordance with the Platform Operator’s determination; and (f) the Platform Operators or Alipay or our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment. If you are a Buyer, you acknowledge and agree that Alipay is not holding any funds on your behalf, or in any escrow or trust relationship with you. If you are a Seller, you acknowledge and agree that you have requested that the settlement of funds to you be delayed as provided in this clause 3.3. Nothing in this clause 3.3 shall effect the fact that Buyer's payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Alipay as set forth in clause 3.1. 3.4 When releasing any funds to a User, Alipay shall have the right to deduct or withhold any financial charges or service fees due and payable to the relevant Platform Operator (if any) in such amounts as instructed by the relevant Platform Operator pursuant to the agreement between the Seller and the relevant Platform Operator, or the relevant Transaction Services Agreement (as the case may be). 3.5 Any unclaimed funds will be held by Alipay for a period of five years or as otherwise instructed by the relevant Platform Operator, at the expiry of which time, you the Seller will be deemed to have waived any claim in respect of such funds or, if required by applicable laws, we will transfer the funds (less any fees, if any and to the extent permitted under applicable laws) to the relevant competent authority. You hereby agree that upon expiry of such period or upon such transfer of such funds to the relevant competent authority, Alipay will be relieved of any further obligation to pay those unclaimed funds to you. 3.6 You acknowledge and agree that Alipay may receive interest on any funds held by it in performing the Alipay Services. Any such interest is for the account of Alipay, and you will not receive interest or other profits in relation to the Alipay Services. 3.7 In the event a Buyer selects to make payment by a debit or credit card in connection with an Online Transaction, the Buyer hereby authorizes Alipay or its affiliates to charge that card to obtain the necessary funds. 3.8 At checkout, a Buyer will have the option to store his debit or credit card details in his account with a Platform Operator. In the event the Buyer selects such option, the information will be stored by Alipay or its affiliates on behalf of the Platform Operators. The Buyer hereby authorizes Alipay or its affiliates to collect and store his debit or credit card information. 3.9 If you experience any questions with the processing of your payment on the Platform Sites, please contact us at https://icshall.alipay.com/hall/index.htm?sourceId=ihome. If you have placed an order from the Platform Site(s) and experience difficulties with your order, please contact customer service at the applicable Platform Site(s). 4. Users’ Responsibilities 4.1 All Online Transactions are concluded by and between Users only. You shall complete the Online Transactions in accordance with the applicable Transaction Services Agreement and the relevant Platform Site’s terms, rules and policies. You agree that you will not hold Alipay and our affiliates or agents liable for any Online Transaction or any products or services supplied under any Online Transaction. 4.2 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for Alipay’s provision of the Alipay Services. If your failure to do so results in any delay in the provision of any Alipay Services or cancellation of any Online Transaction, neither Alipay nor our affiliates shall be liable for any loss or damages arising from such delay. 4.3 You represent and warrant that: (a) you will use the Alipay Services in good faith and in compliance with all applicable laws and regulations; (b) the information and materials you provide in connection with the use of the Alipay Services is true, complete, lawful and accurate, and is not false, misleading or deceptive; (c) you will not use the Alipay Services to defraud Alipay, our affiliates, other Users or any other person or engage in other unlawful activities (including dealing in products or services prohibited by law); (d) if you are a Seller of products: (i) you have the legitimate right and authorization to sell, distribute or export the products sold by you through the services provided by the Platform Operator and the sale of such products do not infringe any third party’s rights; (ii) you have good title to the products sold in an Online Transaction, and the products meet all relevant descriptions and requirements; and (e) if you are a Seller of services, you will provide the services ordered with reasonable care and skills. 4.4 If in Alipay’s sole opinion, any User is not acting in good faith, is abusing the Alipay Services, or is in breach of this Agreement, Alipay shall have the right to request the relevant Platform Operator to cancel the Online Transaction. 4.5 You as the User shall be solely responsible for payment of any taxes, duties or other governmental levies or any financial charges that may be imposed on any products or services purchased or supplied through the Alipay Services or otherwise arising from the Online Transaction. 4.6 To the full extent permitted by applicable law, you agree to indemnify Alipay, our affiliates and our employees, directors, officers, agents and representatives (collectively, the "Alipay Indemnified Persons") and to hold them harmless from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the Alipay Services or from your breach of this Agreement. Alipay reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with Alipay in asserting any available defenses. 5. Personal Data Privacy 5.1 You agree that we may collect, hold, use and transfer your personal data in accordance with the Alipay Privacy Notice. 6. Suspension of Systems 6.1 If you are unable to use the Alipay Services directly or indirectly due to either system suspension which has been announced by Alipay in advance, or any Force Majeure Event (as defined under Clause 8, you agree that to the full extent permitted by applicable law you will not hold the Alipay Indemnified Persons liable for any default, delay or failure in performing its obligations under this Agreement: 7. Disclaimer and Limitation of Liability 7.1 Alipay shall only be liable for the obligations expressly set forth in this Agreement. 7.2 You agree that all disputes from the Online Transaction shall be a matter solely between you and your counterparty. 7.3 Users’ information is provided by the Users themselves. Alipay makes no representation or warranty with respect to the accuracy, truthfulness and completeness of the Users’ information. You will be solely responsible for all consequences resulting from your own judgment and decision to use or otherwise rely on such information. 7.4 Alipay makes no warranty regarding the Alipay Services or any products or services supplied by the Sellers under any Online Transaction, including to: (a) the Alipay Services meeting your requirements; (b) the Alipay Services being uninterrupted, timely or error free; or (c) any products, information, materials or services obtained by you in connection with the Alipay Services meeting your requirements. 7.5 Any information, proposal or materials that you may obtain from the Alipay Indemnified Persons or through the use of the Alipay Services, whether in writing or oral, shall not constitute Alipay’s warranty regarding the Alipay Services. 7.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THE ALIPAY SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS. ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED AND EXCLUDED. 7.7 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE ALIPAY INDEMNIFIED PERSONS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA OR LOSS OF OTHER ECONOMIC INTERESTS, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM THE USE OF OR INABILITY TO USE THE ALIPAY SERVICES. 7.8 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE ALIPAY INDEMNIFIED PERSONS ARISING FROM THE ALIPAY SERVICES IN CONNECTION WITH ANY ONLINE TRANSACTION SHALL NOT EXCEED THE TOTAL REMUNERATION THAT ALIPAY MAY DERIVE FROM SUCH TRANSACTION. 7.9 By using the Alipay Services, you acknowledge and agree that Alipay is not a bank or remittance agent and the Alipay Services should in no way be construed as the provision of banking services or remittance services. Alipay is not acting as a trustee, fiduciary or escrow with respect to a User’s funds and it does not have control of, nor liability for, the products or services that are paid for with the Alipay Services. Alipay does not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction on the Platform Sites. 7.10 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions. 7.11 If you have a dispute with any other party, you release the Alipay Indemnified Persons from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you agree to waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims which a creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known by him or her must have materially affected his or her settlement with the debtor.” 8. Force Majeure Neither you, your affiliates or agents (“User Indemnified Persons”) or the Alipay Indemnified Persons (each of the User Indemnified Persons and Alipay Indemnified Persons being a “Person”) shall be held liable for any default, delay or failure in performing its obligations under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of such Person, including (i) a fire, flood, elements of nature or other acts of God, (ii) an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism; (iii) Internet failures, computer, telecommunications, electrical power failures or any other equipment failures; (iv) a labor dispute (whether or not employees’ demands are reasonable or within the Person’s power to satisfy), (v) acts or omissions of a government authority prohibiting or impeding the affected Person from performing its obligations under this Agreement, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls, etc. or (vi) the non-performance by a third party for any similar cause beyond the reasonable control of the Person (collectively, a “Force Majeure Event”). If a Force Majeure Event occurs, the non-performing party to this Agreement will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues and the party continues to use commercially reasonable efforts to resume performance. 9. Jurisdiction 9.1 This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the Republic of Singapore. You irrevocably consent to the exclusive jurisdiction of the courts of the Republic of Singapore, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. 9.2 If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Alipay Services (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. If any Dispute arises between a Buyer and Seller in connection with an Online Transaction, you agree that such Dispute shall be resolved in accordance with the procedures set forth in the applicable Transaction Services Agreement only. If you initiate any legal proceedings against the Alipay Indemnified Persons in breach of the applicable Transaction Services Agreement, you shall, to the full extent permitted by applicable law, indemnify and hold the Alipay Indemnified Persons harmless and indemnified against any claims, losses, damages that may be suffered by the Alipay Indemnified Persons. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 9.3 In any event and to the full extent permitted by applicable law, you may not make any claim against the Alipay Indemnified Persons under this Agreement after one year from the date of occurrence of the matter giving rise to the claim. 9.4 Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 10. General Provisions 10.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced 10.2 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The term “including” means “including without limitation”. 10.3 Except for the limited purpose of processing payments as agent of Sellers in accordance with clause 3.1, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 10.4 Any failure by Alipay to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing. 10.5 Alipay shall have the right to assign and transfer this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Alipay may delegate any of Alipay's rights and responsibilities under this Agreement to independent contractors or other third parties. A User may not assign, in whole or part, this Agreement to any person or entity. 10.6 If there is any conflict between the English language version and another language version of this Agreement, the English language version shall prevail. SCHEDULE 1 Additional Terms and Conditions for the AliExpress Site and Alibaba.com Wholesale Site This Schedule shall apply only to Users of the AliExpress Site and Alibaba.com Wholesale Site 1. Buyer protection plan You acknowledge that the AliExpress Site and Alibaba.com Wholesale Site may also provide buyer protection plan for certain Online Transactions. (a) If you are a Seller who has subscribed to the buyer protection plan: Upon entering into a separate agreement with Alipay, you may be required to provide deposits using the methods as designated by AliExpress or Alibaba.com on the AliExpress Site and Alibaba.com Wholesale Site, respectively, to secure your due performance of obligations under the relevant buyer protection plan. You agree to permit and hereby authorize Alipay to act on the instructions of AliExpress or Alibaba to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. (b) If you are a Buyer: You acknowledge and agree that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Seller has subscribed to such plan and the purchase falls within your protection plan’s scope. Clause 3.3 of the Agreement will not be applicable to you if the Seller has subscribed to the buyer protection plan and such plan covers your purchase. SCHEDULE 2 Additional Terms and Conditions for the Tmall Global Site Nil SCHEDULE 3 Additional Terms and Conditions for the Alibaba Cloud Site This Schedule shall apply only to Users of the Alibab Cloud Site. 1. Recurring Payment Service This paragraph shall apply to all Buyers who have selected the Recurring Payment Service (as defined below). 1.1 Users of the Alibaba Cloud Site have the option of giving standing instructions to Alibaba Cloud for the automatic withdrawals from a bank account or debit or credit card designated by the User (the "User Bank Account" and "User Bank Card" respectively) and accepted by Alibaba Cloud [and Alipay] for payment in connection with an Online Transaction (the "Recurring Payment Service"). The Recurring Payment Service will be provided by Alipay and our affiliates as part of the Alipay Services. For the avoidance of doubt, references to the "Alipay Services" in this Agreement include the Recurring Payment Service. 1.2 Alipay shall have the sole and absolute discretion as to whether to provide the Recurring Payment Service to a User. 1.3 You hereby authorize on a recurring basis Alipay or its affiliates to act upon the instructions of Alibaba Cloud and instruct the relevant bank in which your User Bank Account or User Bank Card is maintained (the "User Bank") to debit or credit your User Bank Account or User Bank Card for making payments in connection with an Online Transaction. You represent and warrant that you have full power and authority in relation to the User Bank Account or User Bank Card to give proper authorization to Alipay or its affiliates in order for it to provide the Recurring Payment Service to you. 1.4 You represent and warrant that you will maintain at all times a sufficient balance in your User Bank Account or User Bank Card to enable the User Bank to make the relevant debits or credits in accordance with the instructions of Alipay or its affiliates. Alipay shall have the right to refuse to provide the Recurring Payment Service to you for an Online Transaction if your User Bank Account or User Bank Card does not have sufficient funds or credit to meet your payment obligations. Alipay shall have the right to impose an administrative fee for unsuccessful debit instructions. 1.5 You agree that Alipay or its affiliates may collect, use, disclose and transfer information relating to your instructions and the User Bank Account or User Bank Card to other persons for the purpose of providing the Recurring Payment Service. 1.6 To the full extent permitted by applicable law, the Alipay Indemnified Persons shall not be liable for any error, delay, neglect, or omission in the transmission of any payment under the Recurring Payment Service, save to the extent caused by the gross negligence or willful misconduct of the Alipay Indemnified Persons. 1.7 To the full extent permitted by applicable law, the Alipay Indemnified Persons shall not be liable for any costs, losses, damages, actions, claims and liabilities which you or any other person may incur or suffer in connection with or as a result of providing the Recurring Payment Service to you, save to the extent caused by the gross negligence or willful misconduct of the Alipay Indemnified Persons. 1.8 Alipay may suspend or terminate the provision of the Recurring Payment Service to a User at any time in its sole discretion. Alibaba “7 DAY DELIVERY” PROMOTION TERMS AND CONDITIONS 1. 2-7 day deliveryAll products participating in this “7 day delivery” promotion (the "Promotion") have a 2-7 day delivery time. This delivery time only applies for delivery within the Spain Peninsula. Balearic and Canary Islands and Ceuta and Melilla delivery destinations are excluded from this promotion. 2. 15 day return policyAll products participating in this promotion can be returned within 15 days of delivery (calculated from and including the day of receipt as evidenced in the system of AliExpress.com and/or its service providers). If you are not satisfied with the product, you can return it to the seller for a refund of your money. You will need to do so with the original package and with the product unused in perfect condition.Conditions of promotion:1. No return will be accepted after the product has been removed (fully or partially) from its original packaging or the product is in such condition that the seller will not be able to resell the item as a new product.2. To be able to return a product you will need to return it in the same package you received it with, and must include all the original manuals, tickets and accessories present on the original package you received.3. Damaged and/or used items will not be accepted for return.4. Washed articles, damaged clothes or clothes with original tags detached will not be accepted for return. 5. Personalized or engraved jewelry, watches, accessories or similar articles will not be accepted for return.6. Return delivery fees will be assumed by the buyer. RETURN PROCESS:1. Send a return request and select: “local return”. 2.You will be able to do so within 15 days of receipt of the product. 3. Print or write down the the information prompted by the system about the return. 4. Deliver the product back to the seller at the designated address at your own cost. 5. Receive your reimbursement. 3. 2 year local replacement protection plan for SmartphonesAll Smartphones sold on “7 Day Delivery” promotion include a 2 year replacement protection plan. If your Smartphone has any electrical or technical problem or failure during the first 2 years of use, you can return it to The Warranty Group's warehouse in Spain for a replacement. The replacement protection plan is managed locally by The Warranty group, a US global provider of warranty solutions and related benefits. Notice to all Buyers: The smartphone protection plan is provided by third party or parties unrelated to AliExpress.com. Buyers should consider and make enquiries on their services against buyer's own requirements independently before placing any order. AliExpress.com and its parent companies and affiliates will not be liable for any claims or damages arising from these services provided by third party or parties. General Terms: AliExpress.com reserves the right and absolute discretion to cancel or revoke your right to participate in this Promotion, upon discovery of any dishonest, malicious, fraudulent, unlawful or, in the opinion of AliExpress.com, inappropriate acts in its participation of this Promotion by you without liability to you. In the event of dispute over the interpretation of these Terms and Conditions, the decision of AliExpress.com shall be final and binding.By participating in the Promotion, you agree to be bound by these Terms and Conditions AliExpress.com is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise. AliExpress.com reserves the right in it sole and absolute discretion to cancel, modify or suspend the Terms and Conditions or the Promotion in whole or in part, without liability to you. The amended and restated Terms and Conditions shall be effective immediately upon posting on the AliExpress.com website. After posting of the amended and restated Terms and Conditions, the participant’s continued participation in the Promotion shall be deemed to be its acceptance of the amended and restated Terms and Conditions. The Promoter reserves the right to disqualify any participant in its sole discretion.By participating in this Promotion, you agree that this Promotion is governed, interpreted and enforced by the laws of Hong Kong, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this promotion must be brought in a court of competent jurisdiction in Hong Kong. To the maximum extent permitted by law, in no event shall AliExpress.com be liable to any participant for any direct, indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with the participant’s participation in the Promotion, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not AliExpress.com has been advised of the possibility of such loss or damage. You acknowledge and agree that AliExpress.com or any of its affiliates shall not be responsible, and shall have no liability to it or anyone else for any dispute or claim that arises out of the participant’s participation in this Promotion. InPlace Student Placement System Terms and conditions Introduction to InPlace The InPlace Student Placement system (the System) is provided to you by the University of Queensland (UQ) as a means to automate the administration process associated with placements. In order to use the platform, you will need to provide certain information (including personal information) so that UQ may organise your placement. You will also need to provide specific consents to the use of your information and agree to the Student terms and conditions (Terms). Students should also be aware of their rights and obligations under the following policies and procedures in addition to any program-specific requirements: PPL 1.60.02 Privacy Management PPL 1.60.07 Working with Children PPL 2.60.08 Vaccinations and Immunisation (if applicable to your discipline) PPL 2.60.10 Working Safely with Blood and Body Fluids (if applicable to your discipline) PPL 3.10.04 Placement in Coursework Programs PPL 3.30.14 Fitness to Practise PPL 3.60.01 Student Charter PPL 3.60.04 Student Integrity and Misconduct Student Terms and Conditions These Terms have been developed to ensure that you understand your rights and responsibilities in relation to your placement. If you do not understand any part of these Terms, please discuss the matter with the placement coordinator for your School, Faculty or Institute. 1) Definitions. The following definitions apply to these Terms: a) “Confidential Information” means confidential information of a party and includes information whether verbal, written or in some other form, including but not limited to electronic form relating to: i) a Placement; ii) knowledge or information regarding the business transactions, affairs, property, policies, procedures or activities of the Placement Organisation; iii) any document which is marked confidential; iv) any document or information which a party advises the other is confidential; and v) (for clinical Placements) any Medical Records; b) “Contact Details” includes your contact phone numbers, residential address and your student number and (University) email address; c) “Medical Records” means the records of a person who receives health care services from the Placement Organisation; d) “Placement” (also known as clinical immersion, clinical placement, clinical practice, externship, fieldwork, industry experience, industry study, internship, practicum, teaching practice or work placement) means a course, course component, milestone or any other activity that gives you practical experience in the application of theoretical concepts and knowledge in an authentic work environment; e) "Placement Organisation" means the organisation at which your Placement is undertaken; f) “Placement Supervisor” means the officer or employee of the Placement Organisation who is responsible for supervising you while you are on a Placement; g) “Student” means a student who is currently enrolled at UQ who is eligible for and is required by a unit or program or study to undertake a Placement; h) “Supporting Information” means information, documents and data of a Student in support of an application for, or allocation to, a Placement. Supporting Information may include a Student’s applications for Placements, resumes, compliance verification documents or records (such as a criminal background check, vaccination records or working with children check) and other Student documents or data used in Placement application processes; i) “University Supervisor” means the UQ nominee from the school, faculty or institute who is responsible for monitoring your progress and liaising with the Placement Supervisor. In some cases this role is divided into responsibility for the academic components of the placement undertaken by an academic staff member, and responsibility for the administration of the placements, which may be undertaken by a professional staff member; j) “UQ" means The University of Queensland, (ABN 63 942 912 684), a body corporate established under "The University of Queensland Act 1998", of Brisbane, Queensland, 4072; and k) "you/your" means the person whose UQ account details have been entered as part of accessing the System. 2) Privacy and Consent to Disclose Information including Personal Information and Confidential Information a) Your use of the InPlace System is subject to your consenting to UQ’s disclosure of your Personal Information (which may include your student photograph image following placement allocation, Contact Details and Supporting Information) to the Placement Organisation, which may be located within or outside Australia for the following purposes: i) identifying you as a Student who is eligible for a Placement and who has met all requirements and criteria for Placements; ii) to arrange, allocate, administer and manage your Placement; and iii) for directly related purposes. 3) Confidential Information Obligations a) You agree that you will not, except as expressly authorised by the Placement Organisation (or relevant party) or required by law, disclose to any third party any Confidential Information provided by the Placement Organisation (or relevant party) in the course of the Placement. b) You agree not to obtain, acquire, create or use Confidential Information for any purpose other than the Placement unless advised by your University Supervisor/s that approval has been obtained for the other specified purpose/s. c) You agree not to remove original files, test booklets, forms or other confidential documents from the Placement Organisation without the Placement Organisation’s written permission. d) Unless you receive the Placement Organisation’s permission to do otherwise, you agree to delete Confidential Information from ALL materials before they are removed from the Placement Organisation. This includes informal notes, transcripts of sessions, videos, tape recordings and any other material in any form recorded on any medium. e) You agree to remove all confidential details before transmitting information via electronic means including facsimile, internet and email transmissions. You understand that information may only be transmitted after obtaining the Placement Organisation’s permission. f) You agree to comply with the Placement Organisation’s privacy code and (if the Placement is a clinical Placement) all applicable laws which apply to Medical Records. g) You agree that your obligations under these Terms continue to have full force and effect when you are no longer a Student. General Terms 4) UQ Amendments. UQ may amend these Terms from time to time by presenting you with a new version when you next access the System and requiring you to accept the new version before making any further use of the System. These Terms revoke any earlier version of the same. 5) Permitted Use. You may only access the System if you are a Student. You must only upload and store content on the System that is required or related to your Placement or UQ administering or arranging a Placement for you. 6) Complaints/Grievances. If you have a complaint or grievance regarding the use of your Personal Information, please follow the Student Grievance Resolution procedure at: https://ppl.app.uq.edu.au/content/3.60.02-student-grievance-resolution. 7) Governing Law. a) To the full extent permitted by law, these Terms are to be construed in accordance with the laws in force in the State of Queensland, Australia. b) If any provision of these Terms is void, voidable or unenforceable, it is to be read down so as to be valid, and if it cannot be read down then it is to be severed in the relevant jurisdiction (without affecting the remainder of these Terms), unless and to the extent this would fundamentally alter these Terms or be contrary to public policy. Declaration of Agreement and Consent I declare that I have read the above Terms and (1) I consent to the disclosure of my Personal Information (which may include my student photograph image, Contact Details and Supporting Information) as specified above; and (2) I agree to abide by the confidentiality obligations and Terms. I understand that failing to agree to the Terms and provide the requested consent may limit the extent to which I am able to participate in Placement opportunities, which may impact upon my course completion date. Unity Terms of Service Last updated: May 24, 2018 Unity Technologies ApS (“Unity”, “our” or “we”) provides game-development and related software (the “Software”), development-related services (like Unity Teams (“Developer Services”)), and various Unity communities (like Unity Answers and Unity Connect (“Communities”)), provided through or in connection with our website, accessible at unity3d.com or unity.com (collectively, the “Site”). Except to the extent you and Unity have executed a separate agreement, these terms and conditions exclusively govern your access to and use of the Software, Developer Services, Communities and Site (collectively, the “Services”), and constitute a binding legal agreement between you and Unity (the “Terms”). These Terms, including all Additional Terms referenced in Section 1.3 below, are, collectively, the “Agreement.” If you accept or agree to the Agreement on behalf of a company, organization or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You acknowledge and agree that, by accessing, purchasing or using the services, you are indicating that you have read, understand and agree to be bound by the agreement whether or not you have created a unity account, subscribed to the unity newsletter or otherwise registered with the site. If you do not agree to these terms and all applicable additional terms, then you have no right to access or use any of the services. 1. Your Use Of The Services 1.1 Eligibility Except as expressly provided otherwise on the Site, the Services are intended for persons 13 and older provided, however, you must be at least 18 to make purchases or submit content to Unity. If you are under the age of 18 or whatever is the age of legal majority where you access the Services, you may purchase access to the Services only with the involvement of your legal guardian, and you represent and warrant that your legal guardian has read, understood and agreed to this Agreement. 1.2 Privacy Your privacy is important to us. Unity’s Privacy Policy discloses the information we collect and how we use it. By using any of the the Services, you agree to the terms of the Privacy Policy, so please review the Privacy Policy carefully. You affirm that you have read and accept the Privacy Policy and its terms. If you are an elementary or secondary school purchasing educational Software for distribution to/use by your students, you understand and accept the Unity Educational Products for Schools Privacy Notice ("Privacy Notice"), and you represent and warrant that you can and do consent, and have obtained all relevant consents, to the limited collection of personal information from your students in connection with providing access to those products (including transfer of such information outside of the European Economic Area), as described in the Privacy Notice. 1.3 Additional Terms The Software, Developer Services and Site/Communities are subject to additional terms as shown below (“Additional Terms”). Site and Communities Site and Communities Additional Terms Unity Connect Additional Terms Software Unity Personal, Unity Plus and Unity Pro Additional Terms Unity Certification Materials Additional Terms Unity Experimental Build/Beta Additional Terms Developer Services Unity Certification Program Additional Terms Unity Teams Additional Terms Unity Multiplayer Additional Terms Unity Virtual Training Additional Terms If there is any conflict between these Terms and the Additional Terms, the Additional Terms govern in relation to the relevant Software, Developer Service or Site/Communities. Unity Ads is operated by Unity Technologies Finland Oy and has its own terms and conditions for the publishers and advertisers utilizing its services. Both of these terms and conditions are subject to the Monetization and Advertising Controller DPA for Monetization and Ads Terms of Service The Unity Asset Store has separate terms and conditions for use of the Asset Store and Asset Store Providers. Both of these terms and conditions are subject to the Asset Store Controller DPA. 1.4 Modification Unity reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. Unity may also modify the Agreement at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last updated” date at the top of these Terms. By continuing to access or use the Services after we have provided you with notice of a modification, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. 2. Your Unity Account In order to use most Services, you must register for a “Unity Account”. To create a Unity Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Unity reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Unity of any unauthorized use of your account. You may cancel your Unity Account at any time by sending an email to support@unity3d.com. Canceling your Unity Account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing Software or Developer Service subscriptions 3. Your Responsibilities You represent and warrant that: (a) you have the legal capacity to agree to the Agreement; (b) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department's list of Specially Designated Nationals; and (c) you will comply with all applicable laws and regulations in connection with your use of the Services (including but not limited to applicable Federal Trade Commission rules and COPPA), and in accordance with the terms and conditions specified in the Agreement. 4. Intellectual Property Rights 4.1 Unity’s Ownership The Site, Software, Developer Services, Communities and Website Content (as that term is defined in the Site and Communities Additional Terms) are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Agreement, Unity and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 4.2 Your Content As between you and Unity, you own all right, title and interest (including, all intellectual property rights) in and to the content you create using the Software, Developer Services and/or any content you post to the Site or in the Communities (collectively, “Your Content”) (other than any components of the Software contained therein or used in connection therewith). 4.3 Data License You grant Unity a perpetual, irrevocable, fully-paid and royalty-free license to collect, access, process, transmit, store, copy, share, display, and use any data and information collected by Unity or provided by you in connection with your use of the Services in order to provide, operate, develop, improve, and/or optimize any of our Services, and otherwise as permitted by our Privacy Policy. 4.4 Copyright Policy Unity respects copyright law and expects its users to do the same. Unity has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Unity’s Copyright Policy for further information. 4.5 Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Unity used herein are trademarks or registered trademarks of Unity. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. 5. Payments 5.1 Fees Fees for certain Services are set forth on the Site or via the service panel in the Software (the “Service Panel”). Unity may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes to the Site or within the Services Panel. Unity will provide you with at least 30 days’ notice of any changes affecting existing Software and/or Developer Services you have already started using, and your continued use of such Software and/or Developer Service after the effective date of any such change means that you accept and agree to such changes, as applicable. You agree to pay all amounts due for the Services as set forth in the online cart, quote or invoice and in accordance with Unity's payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Unity may deactivate your access to the Services. Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Unity such additional amounts as are necessary to ensure Unity's receipt of the full amount that Unity would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Unity’s net income. In the event that Unity is required to collect any tax for which you are responsible, you will pay such tax directly to Unity or its payment processor. Unity reserves the right to collect any applicable sales, use or value added tax. All sales are final and there shall be no refunds except as required by law. Further, Unity will not allow changes to your purchase after you complete it. Unity may disable all copies of the Software and/or your access to any Services you have licensed or subscribed to in the event you fail to make all payments when due. You acknowledge and agree that, in the case of certain Services, any estimates of fees and charges provided to you by Unity (whether based on assumed data consumption or otherwise) are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue. 5.2 Billing If you purchase Services, you will be asked to provide customary billing information, such as name, company name, billing address, credit card information, and VAT or GST number, either to Unity or its third party payment processor. VAT and GST numbers cannot be added or changed after the purchase is completed. When you provide billing information to Unity or its third party payment processor, you: (i) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (ii) agree to pay Unity for all purchases (including all applicable taxes) made via the Site or Services Panel; and (iii) thereby authorize Unity or its third party payment processor to charge your credit card or otherwise process your payment for any purchase, subscription or other fees incurred by you. If you are directed to Unity’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services. 5.3 Subscription Terms Any subscriptions you purchase will remain in effect for the initial subscription period, and thereafter will automatically renew on a month-to-month basis at the then-current list price, unless you renew the subscription for a new subscription term or terminate and cancel it as described on the Site. 6. Compliance To ensure compliance with the Agreement, you agree that within ten (10) days from the date of Unity or its authorized representative’s request, you shall provide all pertinent records and information requested in order to verify that your installation and use of any and all Services is in compliance with the Agreement along with a signed verification that all such information is complete and correct. Furthermore, if you are a Legal Entity, Unity or its authorized representatives may upon reasonable prior notice access and inspect your facilities and computer systems to review and verify your compliance with the Agreement. Any such inspection shall be conducted during regular business hours at your facilities or electronically via remote access. In the event you have impermissibly used Unity Personal (or other products) or have not paid the applicable fees for all Services you have deployed or used, you agree to immediately pay for such Services, as well as the reasonable inspection costs, upon Unity’s demand. 7. Termination And Account Cancellation Unity will have the right in its sole discretion, and without prior notice to you, to suspend or disable your Unity Account or terminate the Agreement and/or your right or ability to access or use any of the Services if: (a) you breach this Agreement; (b) your use of the Services poses a security risk to, or otherwise adversely impacts, the Services or any third party; (c) your use of the Services subjects Unity, our affiliates or any third party to liability; (d) your use of the Services may be fraudulent; (e) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. In the event of any suspension, disablement or termination, you acknowledge that: (i) Unity will have no further obligation to provide the Services to you; (ii) all rights granted to you under the Agreement will immediately cease; (iii) you may no longer access any of Your Content that was previously submitted via any of the Services or that was related to your Unity Account, and Unity will have no obligation to maintain or forward you Your Content; and (iv) you will remain liable for all fees and charges for all Services ordered. If Unity suspends, disables or terminates due to your breach, you will also remain liable for any remaining amounts owing for the entire term of your subscriptions. Any suspension, disablement or termination will not affect your obligations to Unity (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, disablement or termination. 8. Disclaimer THE SERVICES ARE ALL PROVIDED BY UNITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. UNITY AND ITS LICENSORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES, OR ANY PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. UNITY AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT UNITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UNITY OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. 9. Indemnity To the maximum extent permitted by law, you agree to defend, indemnify, and hold Unity, its officers, directors, employees and agents, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of any of the Services; (ii) Your Content; or (iii) your violation of the Agreement or any other agreement/license with Unity. 10. Limitation Of Liability UNITY AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY RELATED TO THE SERVICES WILL BE LIMITED TO THE GREATER OF: (A) THE AMOUNTS PAID BY YOU IN THE MOST RECENT THREE (3) MONTHS FOR USE OF THE SERVICES; OR (B) ONE HUNDRED U.S. DOLLARS (US$100). IN NO EVENT WILL UNITY, ITS LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SITE, COMMUNITIES OR WEBSITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR COMMUNITIES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT UNITY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 11. Controlling Law and Jurisdiction 11.1 Choice Of Law The Agreement is governed by and construed in accordance with the laws of Denmark, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. 11.2 Arbitration Except as set forth below in Section 11.3, any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration. The parties agree to arbitrate all disputes by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and unity agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 11.3 Arbitration Exceptions Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages); or (c) collect fees due pursuant to the Agreement. If you reside (or your principal place of business is) within the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the state and federal courts located in San Francisco County, California. If you reside (or your principal place of business is) outside of the United States and the parties have an intellectual property rights dispute, you and Unity agree to submit to the personal and exclusive jurisdiction of and venue in the courts located in Copenhagen, Denmark. The parties agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. 12. General The Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Unity have executed a separate agreement governing your use of the Services, in which case such separate agreement(s) will control in relation to the relevant Services. The English language version of the Agreement is legally binding in case of any inconsistencies between the English version and any translations. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of the Agreement are hereby rejected by Unity and will be deemed null. You may not assign or transfer the Agreement or any rights granted hereunder, by operation of law or otherwise, without Unity’s prior written consent. Any attempt by you to do so, without such consent, will be void. Unity may assign or transfer the Agreement, at its sole discretion, without restriction. Unity may assign your User account for collection, and the collection agency may pursue claims limited to the collection of past due and owing amount and any interest or cost of collection permitted by law or the Agreement in any court of competent jurisdiction. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in the Agreement, the exercise by either party of any of its remedies under the Agreement will be without prejudice to its other remedies under the Agreement or otherwise. Unity will deliver all notices, approvals or other communications required or permitted under the Agreement, including those regarding modifications to the Agreement: (a) via e-mail (in each case to the address that you provide); or (ii) by posting to the Site, the Service Panel or your Unity Account. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of the Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Agreement is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. If you have questions about these Terms of Service, you may contact terms@unity3d.com. If you have questions about your software license key, you may contact support@unity3d.com. Privacy Policy Last Updated: May 24, 2018 1. Frequently Asked Questions (FAQs) These FAQs provide a handy entry point to our longer and more comprehensive Privacy Policy (see Section 2 below). They are intended to enhance rather than replace the important notices in the Privacy Policy, which governs our collection, use, storage, and sharing of the information that we collect or receive from you. What's new as of May 25, 2018? In these new FAQs, we provide more examples of how we may use some of the data we collect. They enhance our prior explanations but are not intended to imply that these are new uses of collected data. Additionally, if your data indicates you are in the European Economic Area (EEA), we have added information regarding new opt-out capabilities enabled for in-game advertising, and information on how you can exercise your data access and deletion (erasure) rights. Over the next few months, we will introduce the following “Data Privacy” icon to our ads, dashboards, and other points of interaction: This icon will show you where you can review your data and exercise your privacy choices. It is meant as a helpful access point for viewing your personal data in the context of its use within Unity systems. For those playing games where Unity ads appear, you may see the icon instead of the traditional information (“ℹ”) button. For those using our software to build games, you may see it in a privacy dashboard. I am a game developer that uses Unity software to build my game, what should I know? You can access and update your information by logging into your Unity account on our website. We use analytics services to understand how developers use our software in order to improve our software and services. We also include certain device data collection in the runtime of the software, which is incorporated into the applications you create with the software. You should be sure that your privacy policy explains to your players the variety of technical information that is collected and shared with third parties like Unity. If you use Unity developer services such as Mobile Advertising and Analytics, read the applicable FAQs below and our Cookie Policy. I visit the Unity website, what should I know? We collect log info, including IP address and device data, related to your visits to our site. When you post comments on our community pages and forums, other forum users will be able to see your username, photo and comments. When you post, you should assume that all the information you provide is public. I play a game built with Unity software, what should I know? Unity has collected some or all of the following information about your device: unique device identifiers (e.g., IDFV for iOS devices and Android ID for Android devices); IP address; country of install (mapped from IP address); device manufacturer and model platform type (iOS, Android, Mac, Windows, etc.) and the operating system and version running on your system or device; language; CPU information such as model, the number of CPUs present, frequency, and instruction set support flags; the graphics card type and vendor name; graphics card driver name and version (e.g., “nv4disp.dll 6.10.93.71”); which graphics API is in use (e.g., “OpenGL 2.1” or “Direct3D 9.0c”); amount of system and video RAM present; current screen resolution; version of the Unity Editor used to create the game; sensor flags (e.g., device support for gyroscope, touch pressure or accelerometer); application or bundle identification (“app ID”) of the game installed; unique advertising identifiers provided for iOS and Android devices (e.g., IDFA or Android Ad ID); and a checksum of all the data that gets sent to verify that it transmitted correctly. Some Unity developers use Unity’s Analytics and Ad services, which collect additional information (see FAQs on Unity Analytics and Unity Ads below for details); however, our usage of this data is largely for the following purposes. In serving ads, we try to predict which ads will be of most interest to you based on the games you play and the ads you watch. For analytics, we assist our developers to deliver the best game experience for you. For example, game developers who use our software often standardize certain features to enhance game player experience, such as saving your place in a game. This means that the game level you reached in your last session is where you will begin when you return to the game. Developers also need our assistance in tracking when you are eligible to redeem a reward within a game, such as when you have completed a challenge and get store credits to purchase new tools to play the game. In our analytics service, some of your data points will also be rolled up into an anonymized, aggregated format to help game developers make decisions about how they support their games. For example, if a game developer is considering phasing out support for an older version of iOS software, they may look at the total number of players currently using that version of iOS software to determine if they need to support that version in updates. Another use on a per game basis is when a developer analyzes the numbers of players dropping out after a certain level. The developer would use this information to look at the design of their game and re-assess if the game challenge is truly intuitive or needs some additional instruction for players. This allows the developer to enhance the experience and retain the developer’s customers better. I play a game that uses Unity Analytics, what do I need to know? Unity has collected device information, like IP address and device identifiers, as well as events completed or actions taken within the game, including level, number of credits, time it took you to earn them, metadata about in-game communications and the value and details of purchases. Using our systems, the developer of the game has ongoing access to this data. This collection and use of data makes it possible for your experience to operate as expected by permitting you to do things like redeem rewards you have earned or return to where you left off in a game. Other Unity customers may have access to aggregated reports about game activity in general across a number of games. These reports are based, in part, on your game activities, but do not specifically identify you or your device. The reports described in this paragraph help developers make decisions on optimal methods to run the games they have made for you. For example, the developer may need to know the types of devices running the game to determine how to support game updates on an ongoing basis. Some data collected by Unity Analytics may be used by Unity Ads for personalized advertising; see the FAQs related to advertising for more information. I received an ad from Unity Ads, what do I need to know? Unity Ads has probably collected device information, like IP address and device identifiers, and information regarding the delivery of ads and your interaction with them, all of which may be shared with ad publishers and attribution companies. For clarity, Unity collects the following data: whether you click or tap an ad for a new game, whether you watch the ad or play a game frequently, whether others playing a game like the one you’re playing have downloaded a particular new game, and whether you download and install the new game you see advertised. All of this is for purposes of predicting the types of new games that you might like to download. Unity may track additional data about you in the future for purposes of making these types of predictions, and we will notify you prior to new data collection. Do I have any choices regarding the data collection described above if I do not wish to see personalized ads? If you are in the EU and do not wish to be targeted in this manner, the first Unity ad you see in an app (as of May 25, 2018) explains how you can opt-out of data collection in that particular game. You can opt-out then or at any time by clicking or tapping the “ℹ” button (or Data Privacy icon) on any ad you see (the “ℹ” button or Data Privacy icon will also allow you to access the data that is collected about you in that particular app). For example, you might see a summary that includes information indicating that we see that you are using an iPhone 8 and you are playing from Germany. In the past week we’ve seen you 5 times in this game and have shown you 27 ads. You have installed 0 games based on those ads. (Additionally, all users, regardless of their location, may opt-out of all personalized advertising by enabling privacy features on their devices such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See your device’s Help system for more information.) Also, you may see certain “brand” advertising within our ad network (a brand ad is advertising for products that are not games, such as ads for an airline travel deal or a soft drink). Unity gets these ads from third-party networks. We do not permit these third parties to add your app usage to their marketing database, except for a few exceptions, which we specifically list in the Advertising Choices section of our Privacy Policy. The small subset of third parties listed are clearly noted as being permitted by our contracts to use the fact that you play a particular game in their future targeting of ads to you for other non-Unity parties. The remaining parties listed have been clearly noted as not permitted to maintain data about the ad they served you through the Unity network for future use. Please note that if you have told Unity not to target you or you have exercised choices directly with these third parties as described in our Advertising Choices section, this information will not be maintained or used by us or these third parties. Please note that if you have elected to not have your data collected by Unity, we do not send your advertising identifier to any third party, and you will receive only contextual advertising inside our network. You may also visit the third parties listed in our Privacy Policy (at the links we provide) to see the types of data that these parties have about you based on your device’s advertising identifier. Please review the section “What are my privacy choices for advertising?” below to learn more about how to exercise choice with regard to personalized ads. I play a game that uses Unity Multiplayer, what do I need to know? Unity has collected unique device identifiers, IP address (which may be matched to identify approximate location for matchmaking), as well as information regarding games played and match attributes. What are device identifiers (like IDFA or fingerprints) and why do you collect them? Like many other providers of mobile apps, instead of requiring users to create an account and log in to it each time they access one of our apps, Unity and others using our products may opt to recognize the user’s device through various device identifiers. Device identifiers are also used for functions that require Unity to recognize devices across various apps. I use Unity’s game replay service (Everyplay), what do I need to know? A: Unity has probably collected unique device identifiers and your IP address as well as your activity within the service. If you have created an account with Unity’s game replay service, Unity has received any information you actively provided when setting up your account, including email address and username. Our primary use of your data will be provision of the game replay platform and all its features, including analysis and improvement. You can access and update your account info by visiting Everyplay and navigating to the user settings page. Also: When you create an account or profile your username, profile photo, cover photo, user description, users that you follow and users that follow you will all be public, which means that anyone can see that information and we, as well as others, may share it. Replays that are set to public will be viewable by anyone AND the service or the relevant Developer may use the replay to promote the service or the relevant game. When you comment on, share or like a replay using the Unity game replay platform, your replay, including any audio or video narration you attached to the replay, like or comments will be visible to others. When you share a replay on a social network - depending on your privacy settings on that social network, some users of that social network will see the replay. I sell assets in the Unity Asset Store. What do I need to know? Unity has collected information about your device, including IP address, and your use of the Asset Store as well as any information you actively provided when you created your account. Our primary uses of your information will be to facilitate your placement of assets in the store and to ensure that you are paid in accordance with our agreement. Other uses might include sending you updates on changes or promotions in the Asset Store. You can access and update your account info by logging in to the Asset Store and visiting the Publisher Administration page. Also, when you publish or provide assets for licenses on the Asset Store, your seller name and other information in your Publisher profile will be visible. I bought an asset in the Unity Asset Store. What should I know? Unity has collected information about your device, including IP address, and your use of the Asset Store as well as any information you actively provided when you created your account. Our primary uses of your information will be to facilitate your access to the Asset Store and any assets you have purchased as well as to assure our developers selling assets on the Asset Store that we are effectively providing them due compensation. Other uses of this information might include sending you updates on changes or promotions in the Asset Store. You can access and update your account info by logging in to the Asset Store and visiting your My Account page. You can also adjust your settings to limit the types of marketing materials we send you or to remove your consent for receiving any advertising from Unity. 2. Privacy Policy Overview Unity Technologies and its subsidiaries and affiliates (collectively “Unity”) offer a variety of products and services for game Developers and game players that will be referred to in this policy as the “Service” or “Services.” Because we would like to avoid excessive formality and make this information easy to understand, the policy refers to Unity as “we” or “us” and to the reader as “you.” When we say “device,” we mean any device, including desktop, laptop, PC or Mac computers, smartphones, tablets, or any other device that is used to access or interact with the Service. When we say “Developer,” we mean a third party that develops and/or distributes a game or other app made with Unity software and/or a game using Unity Services. By using the Service, you agree to this Privacy Policy and understand that we may transfer your data outside of the European Economic Area (EEA). This Privacy Policy governs our information practices for the Service, which includes any websites, where a link to this policy is provided. It describes how we collect, use, share, and protect information from Developers, players, ad recipients, or people browsing or using our sites (collectively “Users”) when Users access or interact with or use our Service. This includes when Users: Visit Unity websites; Choose to interact with the community and forum pages on the Services; License and download Unity’s game and app development software (“Unity Software”); License and download third party assets from, or offer your assets in, the Unity Asset Store; Use Unity Developer Services such as Unity Cloud Build, Unity Multiplayer, Unity Collaborate, Unity Analytics and Unity Ads; Play games or use applications developed by Developers using Unity Software; Play games or use applications that employ Unity Analytics (including IAP) to help Developers understand how their games and applications are used; Play games or use applications that display ads delivered by Unity Ads; Use Unity’s game replay Service, Everplay (including, viewing, posting and commenting on game video content/replays or communicating with other Users via with Everyplay; Play games or use applications that employ the Unity Multiplayer Service to help facilitate multiplayer game play. We receive information about Users, their devices, locations and interactions with the Service primarily in two ways: Actively: When Users actively provide us with information. For example, when a User creates an account with Unity, he or she will type in a name, username, and email address and may be required to provide a date of birth or other information. Passively: When our systems automatically collect information about browsers, devices, and certain activity within the Service. For example, when Users access games that employ Unity Analytics, our systems (with assistance from the Developers who want our help to analyze the use of their games) may automatically collect a variety of information from User devices and/or User game activity, including device name, device characteristics, and unique identifiers (e.g., Apple IDFA and Google Android Ad ID). 3. Information We May Collect or Receive (Depending on Which Product or Service Is Used) Information that you or others actively provide, including: Name Age or date of birth Gender Username Profile photo Email address Physical or mailing address Phone number Name and contact information for a business or organization Password(s) that Users create to access parts of the Service Billing or financial account information and tax or government IDs: When Users provide payment (e.g. credit card) information to make a purchase, that information is sent to payment processors who assist Unity. Unity’s payment systems are not designed to store credit card numbers. When Users, such as publishers in the Asset Store, provide us with the information we need to send them payments. Social network information: When you log in to our Services with a social network account, you may have the option of sharing information such as the name you use on that network and your friends list or other information that the third party social network chooses to share with Unity. Users may share information with us that we store on their behalf and use to enhance their experiences. For example, in Unity’s game replay Service, Users may be able to upload contacts so they can make connections or to have invitations sent to friends. Users may provide us with information when they participate in community and forum pages on the Services. For certain Developer Services such as Unity Cloud Build, Unity Collaborate, Unity Multiplayer or Unity Analytics, Developers may provide game information and credentials, including source control information as well as codes and keys. Location information: Users can actively provide specific location information in certain account registration processes or when providing payment information, such as a billing address. Users can choose to share the specific location of their device by permitting games and apps, including those that use Unity Analytics, to access it through the GPS functionality on their device. Information that is passively collected by Unity (often automatically), including: Device Information: including various unique identifiers, such as IDFA, Android Ad ID, IDFV, MAC address, when, for example: You access games provided by Developers that are developed with Unity Software; You access games in which the Developer employs Unity Analytics to understand the use of their games and improve the player experience You receive ads delivered by Unity Ads; You play games provided by Developers that utilize Unity’s Multiplayer Service; You access games provided by Developers that offer Unity’s game replay Service; and Location information: Our systems (like most used on the web) automatically collect an IP address when Users access the Service. IP addresses can be used to learn about the general location (e.g. city, state and country) of the User’s point of access to the web. Game play activity and actions: When you play a game that uses Unity Analytics, certain game activities such as play session information and monetization events are collected. A Developer using Unity Analytics may choose to collect User information such as name, email address, birthdate, gender, app ID or other Developer-defined data parameters. Please note that Unity does not access or use this data collected pursuant to a Developer’s custom configuration. Log information: When you access our Service or products that use an aspect of our Service, we may log a variety of technical information (“Log Info”), including: IP address; Device information, including device name and IDs, hardware model, operating system and version, and mobile network information; Browser information; Cookie information; Date/time of access; Requested page(s); and Referring page(s). User device information: When you play a game built with Unity Software, Unity may collect some or all of the following information when you use the game: Unique device identifier generated from the device MAC/IMEI/MEID, which we alter to limit the ability to identify the relevant device in the future; An advertising ID, such as the Apple IDFA or the Android Ad ID; IP address; Device manufacturer and model; The operating system and version running on your system or device; Browser type; Language; The make of the CPU, and number of CPUs present; The graphics card information, such as type, vendor and driver name, version and graphics API; Amount of system and video RAM present; Current screen resolution; Unity Player and Unity Editor versions; Operating system identifier (e.g., Mac, Windows, etc.); A checksum of all the data that gets sent to verify that it did transmit correctly; and App ID of the game installed. Developer Software information: When you use Unity Software to develop games and apps, we will collect IP address, operating system, username, hostname, hardware ID, serial number, Unity ID, organization ID, and project ID during your first use of the Software. When you use Unity Software, it may automatically make Internet connections to check for updates, validate your license keys, and provide us with aggregated usage statistics. We may employ third-party analytics services to collect and analyze Developers’ use of the Unity Software. Unity Cloud Build information: If you use Unity Cloud Build Services, our systems are designed to track the progress of builds and to alert you and us when key steps have been completed. Cookies and choices concerning Unity Ads: Unity and others working on Unity’s behalf may employ cookies and related technologies to store information on or read information from your browser or device. The technologies used for these purposes may include: (i) cookies; (ii) web beacons; (iii) tracking pixels; and/or (iv) local shared objects (also known as Flash cookies). To learn more, see our Cookie Policy. Unity may collect information, including the App List, to provide personalized ads. To learn more, see our Cookie Policy. Third-party advertisers (and the ad networks they use) who place ads within the Service may use cookies or related technologies to deliver ads. To learn more about the use of cookies and related technologies within the Service, see our Cookie Policy. Other information: We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide. 4. How We Use the Information We Collect or Receive A. Use at a Glance We primarily use the information we collect to provide, administer, operate and improve our Services. We may use your information for the following purposes: To create, administer and troubleshoot accounts, Services we provide; To credit or accept payments; To provide technical support and respond to inquiries; To prevent fraud, enforce the relevant terms of service or licenses, and protect Users; To analyze use of the relevant ad, site, game, product, or software; test changes and improvements; to personalize your experiences, and; to identify and suggest connections with other Users; To perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of products and services that Unity and Developers provide; To create and share statistics and reports regarding aggregate usage of Unity-powered apps; To enable user-to-user communications; To link to or combine with other information we have gathered; To deliver and target advertising, including personalized ads; To inform Users of new products and services, including promotional offers; and To contact you with information that we believe will be of interest to you. As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. B. Comprehensive List Below we list how we and our service providers use Personal Information for legitimate business purposes more comprehensively and inclusive of our legal basis for such collection and use as required by laws of certain jurisdictions where we operate including: Providing the functionality of the Services and fulfilling your requests. To provide the Services’ functionality to you, such as arranging access to your registered account, and providing you with related customer service, including troubleshooting and service restoration. To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services. To complete your transactions and provide you with related customer service. To send administrative information to you, such as changes to our terms, conditions and policies. To allow you to send messages to another person if you choose to do so. We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation. Providing you with our newsletter and/or other marketing materials and facilitating social sharing To send you marketing related emails, with information about our services, new products and other news about our company. To facilitate social sharing functionality that you choose to use. We will engage in this activity with your consent or where we have a legitimate interest. Analysis of Personal Information for business reporting and providing personalized services. To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services. To better understand you, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests. To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you. We will provide personalized services either with your consent or because we have a legitimate interest. Allowing you to participate in sweepstakes, contests or other promotions. We may offer you the opportunity to participate in a sweepstakes, contest or other promotion. Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. We use this information to manage our contractual relationship with you, or in some cases, based on your consent or our legitimate interest. Aggregating and/or anonymizing Personal Information. We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose. Accomplishing our business purposes. For data analysis, for example, to improve the efficiency of our Services; For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements; For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft; For developing new products and services; For enhancing, improving, or modifying our current products and services and/or assisting our developers with this activity; For identifying usage trends, for example, understanding which parts of our Services are of most interest to users; For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users or our publisher’s and other advertising customer’s users; and For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users or assisting our developers with this activity within their business so we can focus our and their energies and resources on meeting our users’ interests; We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have your consent or a legitimate interest. We disclose Personal Information: To our affiliates for the purposes described in this Privacy Policy. You can consult the list and location of our affiliates here: https://unity3d.com/contact/addresses Unity Technologies, Inc. is the party responsible for the management of the jointly-used Personal Information. To our third-party service providers, to facilitate services they provide to us. These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services To third parties, to permit them to send you marketing communications, consistent with your choices. To third-party sponsors of sweepstakes, contests, and similar promotions. By using the Services, you may elect to disclose Personal Information On message boards, chat, profile pages, blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. Through your social sharing activity. When you connect your Services account with your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy Other Uses and Disclosures We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so: To comply with applicable law and regulations. This can include laws outside your country of residence. To cooperate public and government authorities. To respond to a request or to provide information we believe is important These can include authorities outside your country of residence. To cooperate with law enforcement. For example, when we respond to law enforcement requests and orders or provide information we believe is important. For other legal reasons. To enforce our terms and conditions or licenses; and To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others. In connection with a sale or business transaction. We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) Such third parties may include, for example, an acquiring entity and its advisors. 5. Sharing Information How we might share the information we collect or receive Our affiliates located all over the world for the purposes described in this Privacy Policy on a need to know basis. You can consult the list and location of our affiliates here: https://unity3d.com/contact/addresses Third-party service providers: We provide User information to other companies that perform Services on Unity’s behalf. For example, we may employ service providers to process payments; host or store our data; deliver email messages or analyze data. With certain Asset Store sellers, we provide customer information, such as an email address, when you purchase or license certain products (like SDKs) to the sellers of those products in our Asset Store. We provide this information to assist the provider with fulfilling your purchase(s) and, in the case of our Asset Store partners, to allow them to contact you about new products and Services. Safety, security, and legal compliance: We may share your information: When we have a good faith belief that we are required to disclose the information in response to legal process (e.g., if we receive a court order, search warrant, subpoena, or similar legal process); To satisfy any applicable laws or regulations; If we believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; When we have a good faith belief that there is a meaningful risk that poses a threat to the safety of you, another person or the public generally; and In order to protect the rights or property of Unity, including to enforce the terms and licenses that govern the use of the Services. Sale or merger: In the event that Unity explores or undergoes a business transition, such as a merger, acquisition by another company, transfer of control, or sale of all or a portion of its assets, we may share or transfer all of your information, including personal information. Developers using Unity Analytics will have ongoing access to data about the Users of their games and apps and any associated data, such as user ID, device ID, app ID, purchasing data, and actions completed within their games. Advertising: Unity Ads: We may utilize the data collected from Developers’ apps to place personalized ads in Developers’ apps and elsewhere. This usage will permit other parties, such as publishers and attribution companies, to learn about the devices that received, viewed or interacted with ads. Third-party products and services: As discussed in our Cookie Policy and elsewhere, we may permit advertisers and their agents to use cookies or related technologies within the Service to store information on or read information from your browser or device so that they can optimize their advertising campaigns, including to frequency cap and deliver targeted ads. With your consent: We may share your information for other purposes if (i) you direct us to do so or (ii) you consent to such sharing. De-identified and/or aggregated information: Some of the information we collect does not directly identify you or your device. We may modify other information that can identify you or your device to limit or prevent such identification by de-identifying it or aggregating it. We can share de-identified and/or aggregated information with any third party without restriction and use it for any purpose. Example of how your actions can result in sharing with others Sharing can happen within our Services and outside it when you take certain actions. For example: When you create an account or profile on Unity’s game replay Service (Everyplay), your username, profile photo, cover photo, User description, Users who you follow, and Users who follow you will all be public, which means that anyone can see that information and share it. Also, any replay or video, including those that you narrate with audio or video narration, that is marked as public can be used or reused by the relevant Developer or the Service to promote or market the Service and the underlying game. When you comment on, share or like a replay using Unity’s game replay Service (Everyplay), your replay, like or comments will be visible to other Users. When you share a replay on a social network – depending on your privacy settings at the relevant social network – some Users of the relevant social network will be able to see the replay. When you post comments on our forums, visitors and other forum Users will be able to see your username, photo, and comments. When you publish or provide assets for license on the Asset Store, your seller name and other information in your Publisher profile will be visible. 6. Our Policies Concerning Children Our Services are intended for general audiences. Unity does not knowingly collect any personal information from children. If any party becomes aware that a child under the age of 13, or under the age of 16 for those parties in the European Economic Area, has provided us with personal information in contravention of our policies, they should contact us at DPO@unity3d.com. Some third parties, such as platform providers like the iTunes Store or Google Play, may provide age-based ratings on some of the apps created by Developers. These ratings shall have no bearing on this limitation. Third parties may also provide content categories on some of the Services. These categories shall have no bearing on this limitation. 7. Accessing/Updating/Deleting Your Information We provide Users with a variety of ways to access and update their information (described below). For those with Unity accounts described below, please send any requests or questions to DPO@unity3d.com. Unity Software Developers: Log in to the Unity Store and navigate to the My Account page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Asset Store Sellers: Log in to the Asset Store and visit your Publisher Administration page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Purchasers: Log in to the Asset Store and visit your My Account page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity Ads Publishers and Advertisers: Log in to your account and navigate to the Settings page where you can view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity Cloud Build Developers: Log in to your account and navigate to the My Account page to view and update your information. The account administrator for Unity Cloud Build products may also have to direct Unity as to the deletion (erasure) of specific users and the exporting of content for the project that the administrator controls. Unity may not be able to fulfill a request to delete (erase) or port a project without first receiving an account administrator’s permission. Please direct all such requests to DPO@unity3d.com. Community (including Forums and Answers) Log in to the Unity website and navigate to the Edit Account page. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity Analytics Developers: Log in to your account and navigate to the Edit My Account page to view and update your information. You can request that your account be deleted; however, certain financial recordkeeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. Unity’s game replay Service (Everyplay) Developers: Log in to Everyplay and navigate to the Edit Profile page to view and update your information. Users: Log in to Everyplay and navigate to the User Settings page by using the drop-down menu on the Profile tab. On the User Settings page, you can view and update your profile description, avatar, and cover photo. You can also change your password and delete your profile. Gameplayers viewing Unity Ads or Profiled in Analytics You can access the data collected about your device on a per-app basis by clicking or tapping the “ℹ” button or the Data Privacy icon on the ad unit. By scrolling through the disclosure, you will either see a dynamically populated paragraph of plain text showing you the data related to your device from that app or you will see an option to click/tap a link within the text to see the data display. If you object to our maintaining this data or collecting future app-usage data, you may elect to opt-out of further collection and request deletion of historical data. Please note IP address may be maintained in logs for security of our system for both Ads and Analytics services running on your device and may continue to be collected. If your app developer does not use Unity Ads service but collects data and uses Unity Analytics, the app developer may have configured privacy settings within the app in order to permit you to object to profiling and opt-out of further profiling using this data. You will be able to request deletion (erasure) of data with this feature enabled directly within your app. 8. Your Choices About Unity’s Collection and Use of Your Information You always have the option to refrain from using the Service or to discontinue using the Service if you do not want information collected about you. You can choose to use the Service in a manner that limits the data we collect. For example, in Unity’s game replay Service (Everyplay) you can create an account but choose not to provide a photo. You can access and update your information as described in the section “7. Accessing/Updating Your Information." You can opt out of communications like email, by following the instructions in any marketing message you receive. However, We reserve the right to send a message confirming your opt-out, whether it applies to email or SMS messages; and Users who opt-out of marketing messages may still receive administrative, relationship, or transactional messages (e.g., we might send a notice about changes to our Terms of Service or changes to the functionality of a product or Service). Unity Ads opt-out: You cannot opt-out of receiving ads in games or apps using Unity Ads, but you can take steps to opt-out of certain personalized ads, including within the ad unit, by clicking or tapping the “ℹ” button or the Data Privacy icon. Please note that if you are not in the European Economic Area (EEA), your app publisher may have chosen to only apply the opt-out to those players in Europe and other countries with similar privacy laws. If that is the case, you may opt-out of all tracking by following the instructions in our Advertising Choices section or see our Cookie Policy for more information on your choices for tracking and targeting of ads in apps on mobile devices and the options available to you. Analytics opt-out: Unity Analytics offers an opt-out to Users of Developer apps to the extent the data collected may be used for targeting purposes and assisting Unity Ads in delivery of its Services. If you do not want your information collected by Unity Analytics for other purposes described herein, such as crash reporting or helping you save your place in the game, you may have to stop using the game or application utilizing Unity Analytics. Multiplayer opt-out: Unity Multiplayer does not currently offer an opt-out to Users of Developer apps. If you do not want your information collected by Unity Multiplayer, you may have to stop using the multiplayer features in the game or application utilizing Unity Multiplayer. We use Google Analytics to understand how our sites are used and to improve experiences within the Service. If you want to know more about how Google Analytics works or to exercise choice in regard to the data collected by it, please visit http://www.google.com/policies/privacy/partners/. In order to control the collection of data for analytical purposes by Google, you can install the Google Analytics Opt-out Browser Add-On. Please note that we can use our own logging and tracking to understand use of our sites that do not make use of Google Analytics, and your use of their browser add-on will not impact that tracking. We use Twitter’s ad platform to bring you more useful and interesting advertising content. If you are on the web, you can visit the Digital Advertising Alliance’s (DAA) consumer choice tool at optout.aboutads.info to opt out of interest-based advertising from Twitter in your current browser. On your mobile device, enable the Limit Ad Tracking setting in your iOS phone’s settings, or the Opt Out of Ads Personalization setting in your Android phone’s settings. Account Deletion: Everyplay Users can request an account deletion from the User Settings page in their account. Any User may contact DPO@unity3d.com to delete their Unity Account. Deleting your Unity Account does not relieve you of the obligation to pay any remaining amounts owed for your subscription(s). 9. Transfers out of Country of Collection Unity has implemented and maintains a framework consistent with applicable law for transfers of data outside of the country of collection, including for transfers out of the EEA. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. ADDITIONAL INFORMATION REGARDING THE EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en). For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your Personal Information. You may obtain a copy of these measures by contacting DPO@unity3d.com. We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. 10. Safeguards We employ a variety of measures to safeguard the collection, transmission, and storage of the information we collect. These measures vary based on the sensitivity of the information that we collect, process, and store, and the current state of technology. Please note that no system can be guaranteed to be 100% secure. Therefore, while we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we cannot guarantee or warrant the security of the information you share with us and we cannot be responsible for the theft, destruction, loss or inadvertent disclosure of your information. 11. Changes to This Privacy Policy We reserve the right to change our practices and this policy at any time. We may also send an email or provide notice within some or all of our offerings when this policy changes. We encourage you to check this page regularly so that you know what our current practices are. 12. California Privacy Rights Sharing with third parties for direct marketing purposes: California residents have the right to request the identity of any third parties to whom the resident’s personal information was shared, if such sharing was to enable the third party’s direct marketing efforts. If you are a California resident and wish to make such a request, please submit your request to DPO@unity3d.com OR to opt-out of having your personal information shared with third parties for their direct marketing purposes, please email us at DPO@unity3d.com. How we respond to “Do Not Track” signals: We are committed to providing you with meaningful choices about the information collected on our Services for third-party purposes, and that is why we provide information in our Cookie Policy about how to prevent the delivery of targeted ads, and information in this policy about how to prevent Google Analytics and Twitter from collecting information. We do not, however, recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations, and solutions. To learn more about Do Not Track signals, you can visit allaboutdnt.com. 13. Links to Sites and Service Operated by Others The Unity Service may contain links to other sites, applications, and services. Because Unity does not operate those other sites, applications, and services, we cannot take responsibility for the privacy practices of the entities that operate them. We recommend that you consistently check privacy policies to understand an operator’s practices. As a reminder, this policy describes Unity’s practices. 14. Contact Us: DPO@unity3d.com Unity Technologies, 30 3rd Street, San Francisco, CA 94103 (United States contact) Unity Technologies Finland OY, Kaivokatu 8 B, 00100 Helsinki, Finland (European Union contact) 15. Cookie Policy What are cookies? Cookies are pieces of data that sites and services you use or visit can set on your browser or device and they can typically be read on future visits to learn more about the User and to personalize an experience, including the ads that are displayed to the User. “Cookies” is also a term that may be used to refer to a range of technologies that help an operator identify Users and devices, which in turn can help personalize an experience, prevent fraud, store preferences, and speed up delivery of content. How does Unity use cookies? Unity may employ cookies and related technologies described below for a variety of purposes, including: To learn more about how our products and Services are used and similar analytical purposes; To understand how Users interact with our ads; To understand how to improve performance; To prevent fraud; To customize our products and Services with more relevant content; and To provide you with more relevant advertising. For example, we might use a web beacon to learn whether an email message was opened or we might store preferences in a Flash cookie (see below for more information). What types of cookies and other technologies does Unity use? As described below, Unity employs a number of technologies to provide and improve the Service. When you use the Service, you consent to our use of these technologies, but you are welcome to exercise the choices described below. Browser cookies: Unity uses browser cookies. Most major browser companies offer tools or settings for Users who do not want cookies set or read on their devices. Please visit your browser’s settings or privacy settings pages. Local shared objects: Unity may use local shared objects (also known as Flash cookies) on its sites. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove Flash cookies. To learn more about how to manage Flash cookies, you can visit the Adobe Flash Player website and make changes at the Global Privacy Settings Panel. Beacons, pixel tags, clear GIFs: Unity or its service providers or third parties advertising within the Service may use these technologies to learn the online behavior and interests of Users and to personalize ads that Users see. To learn more about behavioral advertising, please visit the Network Advertising Initiative’s (NAI) website. Device IDs and digital fingerprinting: The Service may use one or more of a variety of unique identifiers to recognize users and their devices, including MAC address, IDFA, Android Ad ID, and digital fingerprint, which may be comprised of several types of data, including device name, the app list or applications installed on the device, and browser characteristics. NOTE: Unity may also generate and assign a user ID when you access or use one of its Services. What are my privacy choices for advertising? Advertising helps to defray certain costs of providing Services, especially costs that are incurred by Unity but not recovered from Users. Thus, you may not have a choice to prevent advertisements from being presented when using the Services; however, you do have choices to limit personalized advertisements that are tailored to your interests. If Unity delivers personalized advertising, Unity will provide notice and information about how you may be able to opt-out of such personalized advertisements. Such opportunity to opt out may occur through your device settings (see the section “Information and choices regarding tracking and targeting on mobile devices” below) and the choices available within the ad unit as described in this policy by accessing the “ℹ” button or Data Privacy icon in the ad unit. Developers may use other third-party advertising networks, and Unity’s choice features within its ad units only apply to ads delivered in the Unity network. If you do not wish to receive personalized advertising that is delivered by third parties, you may be able to exercise that choice through opt-out programs that are administered by third parties, including the Network Advertising Initiative (NAI), the Digital Advertising Alliance (DAA), and/or the European Interactive Digital Advertising Alliance (EIDAA). Where applicable, you may exercise your opt-out choices at the NAI website, the DAA website, or the EIDAA website. Unity does not control these third-party-provided opt-out processes and is not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. Unity uses Google to provide advertising through the Services and on third-party websites. We may use the following features based on Google Analytics for Display Advertising: Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. To opt-out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. More choices regarding browser cookies and beacons and other tracking technologies There are several browser plugins available to Users who want to be better informed about and have more control over the use of cookies and related technologies on their devices. Some popular ones are Ghostery and Abine. Information and choices regarding tracking and targeting on mobile devices As of the effective date of this policy, Apple and Google offered the owners of devices that use their operating systems (iOS and Android) with options for limiting tracking and targeting in relation to ads. Unity does not control your device-level opt-out processes and is not responsible for any choices you make through such a mechanism or for the continued availability, accuracy, effectiveness, or location of that mechanism. Using a device-level opt-out mechanism may opt you out of all third-party personalized advertisements, not just those delivered by Unity. If you use an Apple device, go here. If you use an Android device, navigate to the Google Settings page, select Ads and then choose to reset your Android Ad ID or opt-out of personalized ads. To learn about options for many mobile ad networks, go here. Unity Ad’s Partners in Providing Advertising for Goods and Services Please note that the Developer of the app showing Unity Ads may have limited providing certain identifying information, including your device advertising ID, about you to our third-party partners advertising goods and services (non-game advertisements) with Unity. If that is the case, you will see an affirmative statement to that effect when you view the information inside of a Unity Ad through the “i” button or Data privacy icon inside of your app. You may still see ads from the partners listed below, but they will not be based on your personal data. Additionally, you may have opted-out of profiling in Unity’s ad network within a Unity Ad for your app, and we will only serve contextual ads from ourselves and these partners within your app. For all others, please review the following information: Controller Partners The following partners may receive an ad request from Unity containing your advertising ID, IP address, and the name of the app/game in which you will see the ad. These partners use this information to serve future ads you may see on the internet as well as inside the Unity ad network. The privacy policies linked below provide you information around the data that they have from all sources, including Unity, and your rights to delete or remove data. Google’s AdMob https://policies.google.com/technologies/partner-sites (Review the link to AdSettings) MediaMath-- http://www.mediamath.com/privacy-policy/ Processor Partners The following partners may receive an ad request containing your advertising ID, IP Address, and the name of the game in which you will see the ad. These partners act as processors to Unity and are not permitted to use this information for any further purpose, including serving you future ads. The privacy policies linked below provide you information around the data that they have from sources other than Unity: Aarki, AdColony, Ad.Net, AdMaxim, Appreciate, Beeswax, CrossInstall, GothamAds, Lifestreet, Manage.com, Moloco, Persona.ly, Receptiv, and Remerge. TeamViewer Website Privacy Policy 1. Introduction We, the TeamViewer GmbH, take protection of your personal data very seriously. The following policy provides an overview of how we ensure this protection and what kind of data is processed for what purpose. Personal data means any information relating to an identified or identifiable natural person, such as your name, address, email addresses, user behavior. Further to this Website Privacy Policy, please refer to our product privacy policies for detailed information concerning your use of the various products. Controller respectively Provider Data Protection Officer Categories of Data Purpose and Legal Basis for Processing Recipients Retention Periods for Personal Data Web Analytics Remarketing Applications Social Media Plugins Integrated Third Party Service Tools Statutory/contractual requirement Automatic Decision-making and Profiling Your Rights A. Controller respectively Provider TeamViewer GmbH (“TeamViewer”), Jahnstr, 30, 73037 Göppingen, privacy@teamviewer.com, provides this website. In accordance with Art. 4 para. 7 General Data Protection Regulation (“GDPR”) and § 13 German Telemedia Act, TeamViewer is controller of your personal data. B. Data Protection Officer TeamViewer appointed Mr. Häcker as external data protection officer, who can be reached at privacy@teamviewer.com or at dsb-teamviewer@ensecur.de or at ENSECUR GmbH, to the attention of Mr. Julian Häcker, Rotebühlplatz 20A, 70173 Stuttgart. C. Categories of Data TeamViewer collects and processes different categories of personal data depending on the respective service used by you. The following paragraph outlines the categories of data processed by category of service. I. Use of TeamViewer’s website 1. Protocol Data: When you visit the TeamViewer website for informational purposes, i.e. you are not logged into a TeamViewer account and/or register for any service or feature, we collect the following personal data transmitted by your server: IP address Date and time of the request Time zone difference from Greenwich Mean Time (GMT) Content of the request (specific site) Access status / HTTP status code Volume of data transmitted each time Website from which the request comes Browser Operating system and its interface Language and version of the browser software The country of origin for the visitor 2. Cookies: Furthermore, when you visit our website, cookies are stored on your computer. Cookies are small text files that are stored on your hard disk in association with the browser you are using and through which specific information flows to TeamViewer. Cookies cannot initiate programs nor deliver viruses to your computer. They serve only to make the internet service more user-friendly and effective. This website uses the different kinds of cookies set out in our Cookies Policy https://www.teamviewer.com/en/privacy-policy/?policy=cookies. 3. Web analytics, social media plugins, remarketing tools and third party integrated services: TeamViewer uses web analytic applications (please refer to G. for further information), remarketing tools for advertisement purposes (please refer to H. for further information), security features used for our product (please refer to I. for further information), social media plugins (please refer to J. for further information) and third party integrated services (please refer to K. for further information). By and through these applications and tools, the aforementioned personal data of our users are collected. For further information on those tools and applications, please proceed to relevant provision below and review the description provided there. II. Use of TeamViewer’s Contact our Sales Team First Name, Last Name, Email-address, Phone number, Country, Company, Subject, and Description: When you contact our sales team through our website contact form, TeamViewer will collect your first name, last name, email-address, country, subject and description; if you provide us with your phone number, company information and other information marked as optional, we will also collect this information and use it for contacting you and serving your request. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. Please note that TeamViewer as a global company may receive messages that require translation. In such case, our employees use translation tools in order to process your inquiry. Thus, please ensure that you do not enter personal information into the subject line and description field of your inquiry. III. Submit a Ticket Email-address: If you submit a ticket for your TeamViewer product or your TeamViewer IoT product, TeamViewer will process your email address. IV. Use of TeamViewer’s Feedback Feature E-mail-address, country of origin, and inquiry: When you contact us through the feedback feature on the website and/or within the product, TeamViewer will process your email address, your country of origin, and inquiry; if you provide us with additional information such as your name, company information, phone number, license key, as well your TeamViewer ID, and/or any attachments to your inquiry, TeamViewer will also collect such information and use it to serve the request. Wherever we collect your additional personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. V. Use of Quote Request Feature Name, address, email-address, company information: If you request a quote for one of our products, TeamViewer will collect your name, address, and email address, your company information, and product inquiry; if you provide us with additional information such as your phone number and your country information, we will also collect such information and use it to serve the request. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. VI. Buy Now Feature Salutation, First name, Last name, Company, Country, Address, ZIP code, City, Phone, E-Mail Address, payment method (PayPal, Credit Card, Invoice, Debit Card) and Payment Token: We will process your first name, last name, address, Zip code, city, phone, email address and your chosen payment method if you purchase TeamViewer product from our website. If you provide us with additional information such as a salutation, company, and country information, we will also process this information. The Payment Token will be provided by the Payment Service Provider as a record of the transaction. Required fields necessary to conclude the transaction are specially marked; any additional information is voluntary and based on your consent. Wherever we collect your personal data on basis of your consent, you may revoke your consent at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. VII. Download through Apple App Store: If you click on the “Download on the App Store”-button to download TeamViewer, you are being forwarded to the Apple App Store, a service provided by Apple Inc., 1 Infinite Loop, Cupertino, California, USA, 95014. This means that Apple Inc. receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. VIII. Download through Google Play: If you click on the “Get It On Google Play”-button to download TeamViewer to your Android phone, you are being forwarded to Google Play, a service provided by Google, Inc., Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. This means that Google, Inc. receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. IX. Download through Microsoft: If you click on the “Get it from Microsoft”-button to download TeamViewer, you are being forwarded to the Microsoft App Store, a service provided by Microsoft Ireland Operations Limited (“Microsoft”), The Atrium Building Block B, Carmanhall Road, Sandyford Business Estate, Dublin 18. This means that Microsoft receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. X. Download through Blackberry: If you click on the “Get it at BlackBerry World”-button to download TeamViewer, you are being forwarded to the BlackBerry Webstore, a service provided by BlackBerry (“BlackBerry”) 2200 University Avenue East, Waterloo, Ontario, Canada, N2K 0A7 This means that BlackBerry receives your personal data as stated under C. I. along with personal data relevant for any purchase, if applicable, and is controller of this data in accordance with Art. 4 par. 7 GDPR. XI. Newsletter Subscription Email-address: If you sign up for our newsletter, TeamViewer will collect your email address by obtaining your consent. Please note that TeamViewer uses the so-called double opt-in method by which you receive a confirmation email after you provided us with your email address to subscribe to our newsletter. If you do not confirm your email address within 24 hours, TeamViewer will delete your newsletter request. You may revoke your consent for the processing of your email address for newsletter receipt at any time with effect for the future. Please contact privacy@teamviewer.com or the respective method shown to you via the communication channel that you use. XII. Community Your personal data as outlined under C. I. If you click on the community link, you will be forwarded to the TeamViewer community website. If you want to join TeamViewer’s community, you have to sign in and/or sign up with your TeamViewer credentials, such as your email address, your name, and a password. TeamViewer’s community website is powered by Lithium Technology, LLC (“Lithium”), which targets user data as well as content data so that TeamViewer receives information about most interesting topics chosen by website users. This means that your personal data as outlined under C. I. will also be processed by Lithium. For further information on Lithium’s data processing, please refer to their privacy policy under https://www.lithium.com/privacy. You may comment publicly on different subjects concerning TeamViewer’s activities and products in TeamViewer’s community. Your comment will be published in the relevant topic section by showing your user name. We recommend to use an assumed name instead of your real name. Please note that your comments are publicly accessible and will appear in search engines; therefore, please check prior to posting if your comment contains personal data. Name/assumed name, email-address, IP address: If you post a comment in TeamViewer’s community, we will store your name/user name (depending on your choice), email-address, and IP address. XIII. Blog E-Mail Address: TeamViewer will process your email address if you subscribe to our blog. Name, Email-Address and Website: If you want to post a comment in our blog, TeamViewer will process your name and email address; if you provide us with a website, we will also process this information. You may comment publicly on different subjects concerning TeamViewer’s activities and products in TeamViewer’s Blog. Your comment will be published in the relevant topic section by showing your user name. We recommend to use an assumed name instead of your real name. Please note that your comments are publicly accessible and will appear in search engines; therefore, please check prior to posting if your comment contains personal data. XIV. Servicecamp Feature Name, email-address: If you want to use ServiceCamp, you will have to create an account. TeamViewer will collect your name and email-address. XV. TeamViewer Customer Council: If you participate in the TeamViewer Customer Council, we will collect your name, email address and user experience in a survey. D. Purpose and Legal Basis for Processing To the extent TeamViewer is required to process any of your personal data in order to comply with a legal obligation we are processing your personal data on basis of Art. 6 par. 1 c) General Data Protection Regulation (“GDPR”). I. Website use: We want to ensure that when you visit any part of TeamViewer’s website your journey will be user-friendly, particularly that you do not encounter technical problems and malfunctions. In order to manage our relationship with you or your business we collect the following data to serve our business purposes such as to understand the performance of our websites that hold TeamViewer product, business or support information; to communicate with you about our products and services; to develop and manage our brands, products and services; to serve our business improvement needs; to develop and carry out marketing activities. Legal basis for processing personal data outlined under C. 1. is a user agreement concerning the use of our website, i.e. Art. 6 para. 1 lit. b) GDPR. II. Contact our Sales Team: If you place an inquiry with us by using the contact form, TeamViewer needs to process your personal data in order to answer your request. Legal basis for processing your personal data is a service agreement, i.e. Art. 6 para 1 lit. b) GDPR. In case you submit additional data based on your consent, the legal basis for processing is Art. 6 para. 1 lit. a) GDPR. III. Submit a Ticket: If you submit a ticket that concerns one of our products, we will process your personal data to answer your inquiry. We use this feature to fulfil our business purpose of authentication of our product users and provide service resolution for our customers. Legal basis for such processing is a service agreement and our contractual obligation to perform on our contract to provide you with our goods and services, i.e. Art. 6 para. 1 lit. b) GDPR. IV. Feedback feature: If you place an inquiry with us by using the in product support feature or through our website, TeamViewer needs to process your personal data in order to answer your request and to provide the requested support. Information collected in this way serves several business purposes including but not limited to to test new products; to manage how we work with other companies that provide services to us and our customers; to develop new ways to meet our customer needs and to grow our business. Legal basis for processing your personal data is a service agreement concerning the requested support and/or performance of the already existing agreement with you, i.e. Art. 6 para. 1 lit. b) GDPR. In case you submit additional data based on your consent, the legal basis for processing is Art. 6 para. 1 lit. a) GDPR. V. Quote request: If you request a quote for our product, TeamViewer needs your personal data in order for us to process your request. Information collected in this way helps us to develop products and services, and to convey what we charge for them; to seek your consent when we need it to contact you; and to be efficient about how we fulfil our legal and contractual duties. Legal basis for processing your personal data is your request prior to entering into a contract, i.e. Art. 6 para. 1 lit. b) GDPR. VI. Buy now feature: If you purchase our product by said means, TeamViewer needs your personal data for the performance of a contract. This information is required for our business to serve the purpose of to receive and manage customer payments; and to collect and recover money that is owed to us. Legal basis is therefore Art. 6 para. 1 lit. b) GDPR. VII. Apple App Store: In order for TeamViewer to offer TeamViewer for Mac, we embedded a hyperlink to Apple Inc.’s App Store to which you are being forwarded. Legal Basis to forward you to the App Store is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. VIII. Google Play: In order for TeamViewer to offer TeamViewer for Android products, we embedded a hyperlink to Google Inc.’s Play Store to which you are being forwarded. Legal Basis to forward you to Google Play is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. IX. Microsoft App Store: In order for TeamViewer to offer TeamViewer for Microsoft products, we embedded a hyperlink to Microsoft’s App Store to which you are being forwarded. Legal Basis to forward you to Microsoft is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. X. BlackBerry: In order for TeamViewer to offer TeamViewer for BlackBerry products, we embedded a hyperlink to BlackBerry’s World to which you are being forwarded. Legal Basis to forward you to BlackBerry’s World is our legitimate interest to provide a wide range of product compatibility according to Art. 6 para. 1 lit. f) GDPR. XI. Newsletter Subscription: If you sign up for our newsletter, TeamViewer needs your personal data in order to send you the newsletter. Newsletter help us to serve our business purposes such as to manage our relationship with you or your business; and to develop and carry out marketing activities. Legal basis for providing you with the newsletter is your consent in accordance with Art. 6 para. 1 lit. a) GDPR, which you may revoke at any time with effect for the future. XII. Community: TeamViewer’s community helps us to satisfy our business purpose to assist product users with an open platform where issues, experiences and improvements can be shared and resolved. If you post a comment in our community, TeamViewer commissioned Lithium to process your personal data, so we understand what topics are most relevant to our users and for us to design our website user friendly and interesting. TeamViewer also processes your personal data so that we are able to raise a defence in the event that a third party complains about your community comment’s content. In such case, TeamViewer needs to be able to contact you. Legal basis for such processing is a user agreement concerning the use of our community and our legitimate interest of legal defense, i.e. Art. 6 para. 1 lit. b) in connection with Art. 6 para. 1 lit. f) GDPR. XIII. Blog: TeamViewer’s Blog helps us to satisfy our business purpose to assist product users with an open platform where issues, experiences and improvements can be shared and resolved. TeamViewer also processes your personal data so that we are able to raise a defense in the event that a third party complains about your Blog comment’s content. In such case, TeamViewer needs to be able to contact you. Legal basis for such processing is a user agreement concerning the use of our Blog and our legitimate interest of legal defense, i.e. Art. 6 para. 1 lit. b) in connection with Art. 6 para. 1 lit. f) GDPR. XIV. ServiceCamp feature: If you create an account in order to use ServiceCamp, TeamViewer needs your personal data to provide you with the service and for performance of the user contract, i.e. Art. 6 para. 1 lit. b) GDPR. XV. TeamViewer Customer Council: If you participate in the TeamViewer Customer Council as TeamViewer’s product user group, we will process your personal data for carrying out surveys to share user experience and knowledge. Legal basis is your consent, i.e. Art. 6 para. 1 lit a) GDPR. E. Recipients TeamViewer has strong technical and organizational security measures to protect personal data against unauthorized disclosure and to ensure that only relevant individuals, which act within their job description and have a need to know interest in accessing personal data, will have access to your personal data. TeamViewer may transfer your personal data to third parties if we offer participation in campaigns, contests, reservations, or contract agreements in conjunction with a third party. In this case, you will be specifically informed about the transmission to the third parties before your data is forwarded. We will not share your personal data with local authorities or courts except where we are required to do so by applicable law, a court order or a legally binding injunction. TeamViewer employees, who administer, maintain and further develop TeamViewer’s product and services will receive access to your personal data. If you use our product, contact us through the contact feature, support and feedback features, if you request a quote, and/ or if you subscribe to our newsletter, TeamViewer employees that are responsible for the respective service will receive access to your personal data. If you post a comment in TeamViewer’s community or Blog, your comment content and name/user name will be publicly available and may appear in search engines. Aside from TeamViewer employees, employees of Lithium may receive access to your personal data as described under C. I. if comment in TeamViewer’s community. If you purchase a TeamViewer product through our Buy Now feature, TeamViewer employees are concerned with processing such transactions will receive access to your data. Please note that TeamViewer uses SSL technology encryption for payments to prevent unauthorized third party access to your financial data. If you download TeamViewer through the Apple App Store, employees of Apple Inc. receive access to your personal data as described under C. VII.. Similarly, if you download TeamViewer through Google Play, employees of Google Inc. receive access to your personal data as described under C. VIII.. If you download TeamViewer through Microsoft, employees of Microsoft Inc. receive access to your personal data as described under C. IX.. If you download TeamViewer through BlackBerry, employees of BlackBerry receive access to your personal data as described under C. X.. In addition to services described under G., H., I., and J., TeamViewer uses external third party service provider for maintenance and hosting of its IT-systems. TeamViewer has chosen such external third party service providers carefully. Furthermore, employees of such third party service provider will receive access to your personal data only within the scope of their job description, and are bound by TeamViewers directives concerning data processing. Furthermore, Google employees as well as employees of social plugins and integrated services, as described below, may receive access to your personal data. Please note that such data processing done by Google, social plugin providers, and integrated service providers is beyond TeamViewers control. Except as mentioned under G., H., I., and J., concerning data transfers to the USA and for group internal IT services provided from outside the EU, including Australia, US and Armenia, TeamViewer will not transfer your personal data outside the EU and/or EEA. TeamViewer will transfer your personal data only when required to so by law or orders from the relevant authority. Where TeamViewer transfers your personal data out of the EU or the EEA to countries that do not have an adequate level of data protection recognized by the EU, we will apply safeguards to adequately protect your personal data. Please refer to https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010D0087&from=EN to obtain a copy of the Standard Contractual Clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC, or to https://www.privacyshield.gov/EU-US-Framework to obtain a copy of the EU-U.S. Privacy Shield Framework. F. Retention Periods for Personal Data Your personal data will be deleted once you revoked consent, or the purpose for processing has ceased to exist. In some cases, TeamViewer is legally obligated to retain data for a certain period. Once this period has lapsed, TeamViewer will delete the data in accordance with data protection obligations. I. Cookies: Please click here https://www.teamviewer.com/en/privacy-policy/?policy=cookies to access our Cookies Policy for further information. II. Contact information: TeamViewer is legally obligated to retain support feature requests from customers concerning product support inquiries in accordance with § 257 HGB and § 147 AO for a minimum of six and a maximum period of 10 years. With regard to personal data provided through contact requests, TeamViewer will retain such request for three months following closure of the request and delete such data thereafter. III. Submit a Ticket: Personal data provided in connection with a ticket submitted will be retained for as long as the ticket is open. Once your inquiry has been answered, TeamViewer will retain such data for a three (3) month period. IV. Feedback feature: Personal data provided in connection with feedback features are retained for three months following submission of feedback; TeamViewer will delete such data thereafter. V. Quote request: Personal data provided in connection with quote requests is retained by TeamViewer for three months following the period of quote validity, provided no ensuing contract was concluded. Provided the quote request lead to conclusion of a contract, please refer to F. II. for information on retention periods. VI. Buy Now Feature: Personal data provided in connection with a product purchase, i.e. address- and payment information as well as the order date, is retained by TeamViewer for a minimum period of six years in accordance with § 257 HGB, and a maximum period of 10 years in accordance with § 147 AO. VII. Apple App Store: Personal data processed in connection with a download as described under C. VII. will be retained by Apple Inc. Please refer to https://www.apple.com/legal/privacy/en-ww/ for further information. VIII. Google Play: Personal data processed in connection with a download as described under C. VIII. will be retained by Google Inc. Please refer to https://policies.google.com/privacy?hl=en-US&gl=de for further information. IX. Microsoft: Personal data processed in connection with a download as described under C. IX. will be retained by Microsoft. Please refer to https://privacy.microsoft.com/en-us/privacystatement for further information. X. BlackBerry: Personal data processed in connection with a download as described under C. X. will be retained by BlackBerry. Please refer to https://de.blackberry.com/legal/privacy-policy for further information. XI. Newsletter: Personal data provided in connection with a subscription to our newsletter will be retained for as long as the subscription is valid. Upon revocation of your consent, your personal data will be deleted entirely. XII. Community: Personal data provided in connection with your community posts are retained for as long as you as you are a community member up until you deregister. XIII. Blog: Personal data provided in connection with your Blog subscription will be retained until you deregister. XIV. ServiceCamp features: Personal data provided in connection with ServiceCamp features are retained for as long as a user agreement is in place. Once you unsubscribe from ServiceCamp, TeamViewer will retain your personal data for three (3) months, and thereafter delete it. XV. TeamViewer Customer Council: Personal data provided during your participation in the Customer Council will be collected through surveys, stored in spread sheets and will deleted after three months. G. Web Analytics I. Google Analytics TeamViewer uses Google Analytics, a web analytics service provided by Google Ireland Ltd. (“Google“), with its business address at Gordon House, Barrow Street, Dublin 4, Ireland. Google Analytics uses “Cookies”, i.e. text files that are stored on your computer and enable analysis of your website use. TeamViewer uses Google Analytics with the extension “_anonymizeIp()”. Thereby, IP addresses are processed in a shortened form and no direct reference to individuals is possible. TeamViewer uses Google Analytics to analyze and improve its website. TeamViewer receives statistics which help us to make our online presence more interesting for you. Legal basis to use Google Analytics is Art. 6 para. 1 lit. f) GDPR. The information generated by cookies about your use of this website is usually transmitted to and stored on a Google server in the USA. If you enable IP anonymization on this website, your IP address from Google will be shortened within Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and shortened there. Google has subjected itself to the EU-US Privacy Shield for any such exceptional cases in which your personal data will be transmitted to the USA; further information are available under www.privacy-shield.gov/EU-US-Framework. Google will on behalf of TeamViewer use this information to evaluate your use of the website, compile reports on website activity, and provide other services regarding website and internet use to TeamViewer. In addition, TeamViewer’s website uses Google Analytics for cross-device analysis of user streams, which are enabled through User-IDs. If you have a customer account, you may disable such cross-device analysis by https://support.google.com/analytics/answer/2790010. The IP address transmitted by your browser as part of the Google Analytics will apparently not be merged with other data from Google. As further explained in our Cookies Policy https://www.teamviewer.com/en/privacy-policy/?policy=cookies, you may block cookies from being stored on your device by adjusting the settings in your browser software; however, in such case, you may not be able to use all of the features and functionalities of our website. You can also block the collection of the data generated by the cookie and the data related to your use of the website (incl. your IP address) as well as the processing of this data by Google, by downloading and installing a browser plugin available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de. Please visit the following homepage for an overview on data protection: https://support.google.com/analytics/answer/6004245?hl=en, as well as the privacy policy: https://policies.google.com/privacy?hl=en. II. Hotjar TeamViewer uses Hotjar heatmaps, recordings, funnels, forms and polls, services provided by Hotjar Ltd. St. Julian’s Business Center, Elia Zammit Street, St. Julians 1000, Malta. Hotjar is an all-in-one Analysis and Feedback tool that reveals the online behaviours and feedback of a website’s visitors. By combing both tools, Hotjar provides a big picture of how to improve website experience and performance. The analysis tools allow TeamViewer to measure and observe user behaviours (what users do) while the Feedback tool allows TeamViewer to obtain feedback. Hotjar is built on anonymous insights and not on personal data. Site visitors are assigned a unique user identifier, so that Hotjar can keep track of returning visitors without relying on any personal information. When collecting data with Recordings, Hotjar also has automated suppression features in place and data is suppressed client-side, in the visitor’s browser, meaning personally identifiable information never reaches Hotjar servers keeping sessions private. Data collected using Hotjar is stored in Ireland, using Amazon Web Services infrastructure. Data retention times is no longer than 365 days. III. Google Tag Manager Additionally, TeamViewer uses Google Tag Manager, tracking and conversion tool provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA IV. Google BiqQuery Provides a system for analysis of data sets generated by Google analytics. V. Google Display Feature Our website uses third party cookies from Google Analytics for Display Advertisers, including the following features. No personal data is processed within those services: Remarketing with Google Analytics The integrations between both our web analytics and paid advertising platforms together to give us additional insight. This allows us to tailor our advertising to ensure the right types and offers are shown to you while you are using the internet outside our website. Google Display Network Impression Reporting Which gives us additional insight into who has viewed our paid digital advertising on other websites. This will help us optimize and tailor our advertising. Google Analytics Demographics and Interest Reporting Which gives us insight into behaviour information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behaviour to give you a better experience whilst visiting our sites. VI. reCAPTCHA TeamViewer uses reCAPTCHA to protects our website from spam and abuse. reCAPTCHA is a service provided by Google that uses an advanced risk analysis engine and adaptive CAPTCHAs to keep automated software from engaging in abusive activities on our site. It does this while letting valid users pass through with ease. reCAPTCHA allows TeamViewer to verify if an interaction is legitimate without any user interaction. It is a purely JavaScript API returns a score giving the us the ability to take action in the context of our site: for instance requiring additional factors of authentication, sending a post to moderation, or throttling bots that may be scraping content. reCAPTCHA handles no personal information. Please visit the following page for an overview of reCAPTCHA https://developers.google.com/recaptcha/ VII. Google Optimize Google Optimize analyzes the use of different variations of our website and helps us to improve the usability according to the behavior of our users on the website. No personal data is processed. H. Remarketing Applications I. Google AdWords Conversion TeamViewer’s website uses Google AdWords, in order to generate attention for our services by using advertisement on third party websites. Based on data generated by such advertisement campaigns, we are able to determine the success rate of our advisement campaigns. Thereby, TeamViewer tries to provide you with advertisement that is of interest to you, to make its website more interesting, and calculates advertising expenses fairly. Legal basis for such processing of personal data is Art. 6 para. 1 lit. f) GDPR. Such means of advertisement are delivered by Google through a so-called Ad Server. Along with this, TeamViewer uses Ad Server Cookies, which scale certain parameters, such as display of ads or clicks by users. Provided you clicked on an ad delivered by Google and which redirected you to our website, a cookie is stored on your computer by Google AdWords. These cookies usually expire within 30 days and are not supposed to be used to personally identify a user. In addition to these cookies, analytic values like unique cookie ID, quantity of Ad impressions per storing, last impression and opt-out information (markings that the user does not want to be addressed any further) are usually stored. These cookies enable Google to recognize your internet browser. If you visit certain pages on our website and provided the cookie stored on your computer has not yet expired, TeamViewer and Google are able to recognize that you clicked on an ad and were redirected to the TeamViewer website. Every Google AdWords customer gets a different cookie. Therefore, cookies cannot be tracked across sites by AdWords customers. TeamViewer does not process personal data by and through the aforementioned advertisement campaigns. TeamViewer merely receives statistical evaluations from Google. By and through these statistical evaluations, we can plainly see which advertisement campaign was particularly effective. Any additional data generated by use of the advertisement is not forwarded to TeamViewer; particularly, we cannot identify users through this information. Through the marketing tool, your browser automatically connects to Google’s server. Google has subjected itself to the EU-US Privacy Shield, further information can be obtained under www. www.privacyshield.gov/EU-US-Framework. Please note, that scope and further use of the data processed by Google are beyond TeamViewer’s control. We thus inform you based on our own knowledge: By integrating AdWorks, Google receives information that you visited a particular TeamViewer website or part thereof, and/or that you clicked on one of our advertisements. If you are registered with one of Google’s services, Google is able to match your visit to your Google account. Google may receive your IP address and/or may store it even if you are not registered with one of Google’s services and/or if you have not been logged in. You may avoid tracking in various ways: a) Through a setting of your browser software, particularly, by suppressing third party cookie installation that will prevent that you receive third party ads; b) Through deactivating AdWorks Cookies, by setting your browser so that cookies from www.googleadservices.com are being blocked; this can be done under https://adssettings.google.com/anonymous, however, such settings are deleted if you delete cookies; c) Through permanently deactivating cookies in your Firefox, Internet Explorer or Google Chrome under https://support.google.com/ads/answer/7395996. Please note that if you deactivate these cookies, you may not be able to use all functionalities of our website. Further information on Google’s data privacy can be found under www.google.com/intl/de/policies/privacy. Alternatively, you can disable the use of cookies for interest-based advertising via the advertising network initiative, by following the instructions at http://optout.networkadvertising.org/?c=1#!/. II. Google Remarketing TeamViewer uses Google Remarketing in addition to AdWords. This is an application that allows us to address you again. After visiting our website and while you are surfing the internet, our advertisement can be displayed to you by and through this application. This is enabled by cookies stored in your browser which track and analyse user behavior on different websites for Google. Google can track your previous visit to our website. According to its own statement, Google does not combine data gathered through remarketing with any personal data Google may have stored about you. Furthermore, pseudonymization is being used as part of remarketing. If you do not want to use the remarketing feature from Google, you can disable it by changing the appropriate settings at https://adssettings.google.com/anonymous. III. A/B-Testing TeamViewer additionally uses A/B-testing provided by Optimizely GmbH Christophstraße 15-17 50670 Köln. A/B testing offers analysis of user behavior by showing slightly varied website contents to different user groups, depending on profile matching. Thereby, TeamViewer analysis its online services, improves its web offerings, and can create an interesting user journey. In order for TeamViewer to create such analysis, we use cookies, which are being placed on your computer. Please note that your IP address will be shortened before reports are being created and TeamViewer does not match other information we may receive about you to this abbreviated IP address. You can opt to delete such cookies or even prevent them from being stored on your computer. However, if you choose to either delete such cookies or prevent their installation, please note that you may not be able to use all of our website functionalities. Legal basis for such processing is Art. 6 par. 1 lit. f) GDPR. I. Social Media Plugins Currently, we use social media plugins (“plugins”) from Facebook, Google+, LinkedIn and Twitter (“plugin provider”) TeamViewer uses Facebook plugins on our website which are provided by Facebook Inc. Facebook’s plugins are identifiable by the Facebook logo and/or the “thumbs up” – symbol. TeamViewer also uses the “+1” button from Google Plus on our website, which is operated by Google Inc.; the plugin is identifiable by the “+1” symbol on a white and colored background. Furthermore, TeamViewer uses the ”in” button from LinkedIn, which can be identified by a blue button. Additionally, TeamViewer uses the short messaging service Twitter Inc, which can be identified by a button that contains a bird. By using plugins, TeamViewer provides an opportunity to interact with social media and other social media users on its website. Plugins are provided to increase TeamViewer’s internet presence and make it more interesting to you. Legal basis for use of the plugins is Art. 6 para. 1 lit. f) GDPR. Every time you visit our website and any part thereof that contains a plugin, the plugin causes your browser to directly connect with the plugin provider’s server. With regard to Facebook and its own statement, IP addresses collected within Germany are apparently anonymized right after collection. By activating the plugin, your personal data as described under C. is transmitted to and stored by the plugin provider, likely on a server in the USA. As personal data is collected by and through cookies, we recommend that you delete all cookies through security settings of your browser. Please note that data collection and processing are beyond TeamViewers control and we have neither been informed of the entire scope of data collection, purpose of the processing, nor any data retention periods. We have also not been informed if and when data is being deleted. With regard to Google and according to its own statement, Google stores your browsing history when you activate a “+1” button for a period of up to two weeks for system maintenance and troubleshooting purposes. Plugin provider store data collected about you as user profiles and use such data for advertisement purposes, market research and/or need based design of their websites. Evaluation of such data (even of users not logged in) is particularly used for need-based advertisements and to notify other users of the same social network of your activities on our website. You have a right of objection concerning such user profiling, however, you have to address such objection to the respective plugin provider. In order to properly address your demand, we provide you with the relevant addresses: Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA;https://www.facebook.com/policy.php; Additional information on data collection: https://www.facebook.com/help/186325668085084, for further information on Facebook’s privacy refer to: http://www.facebook.com/about/privacy/your-info-on-other applications as well as http://www.facebook.com/about/privacy/your-infoeveryoneinfo. Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94043, USA; for further information on Google’ privacy refer to: https://policies.google.com/technologies/partner-sites. LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; for further information on LinkedIn’s privacy refer to: https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy . Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; for further information on Twitter’s privacy refer to: https://twitter.com/en/privacy. Your data is being transmitted to the plugin provider, regardless if you maintain a profile with the plugin provider and/or if you are currently logged in. If you are currently logged into your social media profile, data collected on your visit of our website is directly matched to your social media profile. If you activate the plugin, e.g. by liking or retweeting our website, such information is stored in your social media profile and will be publicly shared with your contacts. We recommend that you log off your social media profile every time you are done using it, particularly, before you activate any plug in buttons so that you can avoid a matching of data with your social media profile. For Facebook, you may also use a browser add-on called “Facebook Blocker” which is available at the following link http://webgraph.com/resources/facebookblocker/ and which may prevent data collection and disclosure of your data in the future. J. Integrated Third Party Service Tools I. YouTube Videos TeamViewer may integrate videos in our website, which are stored on https://www.youtube.com/. These videos can be played on our website. When you visit the TeamViewer website, YouTube receives information on what particular website you visit. Your personal data as described under C. is transmitted to YouTube. Such transmission takes place, regardless if you are logged into your YouTube account, or if you do not maintain such account. If you are logged into your YouTube account, your personal data will be matched with your YouTube profile. If you do not wish that your personal data is being matched with your profile, you should log out of your YouTube account prior to activating a YouTube video. Legal basis for integration of YouTube Videos into our TeamViewer website is Art. 6 para. 1 lit. f) GDPR. TeamViewer uses YouTube videos to make our website more interesting to you and to integrate a service with which users may receive useful information about our services. YouTube stores your data as a user profile and uses your personal data for advertisement, market research and/or need-based design of its website. Evaluation of such personal data is done, even of user who were not logged into YouTube, for need-based advertisement and to inform other YouTube users of your activities on our website. Please note, that it is beyond TeamViewers control how long and in what way YouTube will retain your data. For further information concerning purpose and scope of data collection and processing, please visit https://policies.google.com/privacy?hl=en. You have a right to object to such processing of your personal data, however, you will have to address such right to YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. K. Statutory/contractual requirement You may choose not to provide your personal data or provide incomplete personal data. However, you should be aware that you may not be able to use all of the functionalities of our website; where we ask for consent and you choose not to provide it, we may not be able to provide you with the information or service requested. L. Automatic Decision-making and Profiling TeamViewer does not use your personal data for automatic decision-making. As described under G., H., I. and K., TeamViewer uses your personal data for profiling, unless you changed your browser settings to prevent cookie placements. Evaluation of your personal data by Google Analytics is done after your IP address has been abbreviated so that you can no longer be identified. M. Your Rights You may contact us either in writing or by email at datarequest@teamviewer.com in order to exercise the following rights to the extent your entitled to so under applicable law: You may access your personal data to check and review such data; You may request a copy of your personal data; You may demand that we supplement, correct or delete your personal data; or cease or restrict the collection, processing, use or disclosure of your personal data; the right of rectification also comprises the right to have incomplete personal data completed, including by means of providing a supplementary statement; You may object to the processing of your personal data; You may request to receive your personal data in a structured, commonly used and machine-readable format and – subject to your acquisition of the respective copyrights or other required rights – have it transmitted to another controller, provided that the processing is based on your respective consent or to execute a contractual relationship or a relationship prior to entering into a contract with you. You have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal data. Should you have any questions, please contact privacy@teamviewer.com. This Policy contains links to sites and information that is not under TeamViewer direct control. These links are therefore subject to change and TeamViewer will review and update this Policy periodically to reflect such changes. TeamViewer Cookie Policy TeamViewer Cookie Policy I. Introduction TeamViewer strives to be clear and transparent about any data (anonymous or otherwise) that we collect about you online. As described in Section C. I. of our Privacy Policy, we use cookies to ensure the best possible user experience of our website. In this policy we elaborate how we use cookies, their business purpose and how this allows us to improve our service. It also tells you how you can manage the cookies that are stored on your device. When you visit our websites (through any device), you agree the application of this Cookies Policy in addition to any other terms and conditions which may apply. TeamViewer reserves the right to make any changes to this Cookie Policy. Any such changes shall be updated here or in our Privacy Policy and we will inform you through our cookie banner. We assume that you agree to any such changes by your continued use of our websites. II. What are cookies? Cookies are small files containing information related to your internet settings, which are downloaded by your browser to the device you use when you visit our website. Cookies are then sent back to the originating website (first-party cookies) on each subsequent visit, or to another website that recognizes that cookie (third-party cookies). Cookies perform a variety of useful jobs, such as remembering your preferences, adapting the content that you see and improving your online experience. III. When does TeamViewer place cookies? TeamViewer uses cookies on our website (such as teamviewer.com, Blizz.com, ITbrain.com, and TeamViewerIOT.com) and mobile applications. Any browser visiting these website will receive cookies from us. IV. What types of cookies are being used? TeamViewer uses both first party and third-party cookies, for example necessary as well as performance and marketing cookies. First party cookies are those set by TeamViewer. All other cookies are third party cookies, from companies such as Google Analytics, Hotjar, Facebook, Hubspot, Pubmatic, Baidu, Optimizely, LinkedIn, Ad Roll etc . In some cases, the information derived from these cookies may allow us to associate information with an identifiable individual. Further information on different cookie types is provided below. Please refer to the full list of cookies that TeamViewer uses for more information in Annex 1.: Session Cookies Session cookies last only for the duration of your visit of our website and are deleted when you close your browser. These help us to identify that a user of a particular device is navigating from page to page, supporting website security or basic functionality. Many of the cookies we use are session cookies. For example, they help us to identify the average time you spend on our website. CMDD – This cookie would identify the user for our programmatic ads - CasaleMedia is an ad exchange network. Persistent cookies Persistent cookies continue to exist even after you have closed your browser, and allow a website to remember your actions and preferences, particularly remember you as an existing user. Sometimes persistent cookies are used by websites to provide targeted advertising based upon the browsing history of the device. TeamViewer uses persistent cookies in a few ways, for example, _ga- Google Analytics cookie registers a unique ID used to distinguish users. Both session as well as persistent cookies can serve different purposes and may be placed either by TeamViewer or by a third party: Strictly necessary cookies These cookies are essential in order to enable us to provide you with certain features. Without these cookies, services you have asked for such as a registered visitor cookie (unique identifier provided to each registered user to recognize them throughout the visit and when they return) and webshop related services, cannot be provided. These cookies are not implemented to gather information about you for the purposes of marketing. Please refer to the full list of cookies that TeamViewer uses for more information in Annex 1. Performance cookies These cookies are used to collect information about the performance of our website and your visit and use of our website. For example, the number of visitors that used our website and the pages that are popular among users. These cookies do not collect information that identifies a visitor although they may collect the IP address of the device used to access the site. Such information is collect anonymously and is solely used for the purpose of improving our website and the user experience. By using our websites, you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings. Functionality cookies These cookies allow TeamViewer’s website to remember your preferences, such as your username, language settings, and/or the region you are in. The information these cookies collect is anonymized (i.e. it does not contain your name, address etc.) and they do not track your browsing activity across other websites. By using our websites, you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings. Marketing cookies These cookies collect several pieces of information about your browsing habits. They are usually placed by advertising networks. They remember that you have visited a website and this information is shared with other organizations such as media publishers. These organizations do this in order to provide you with targeted adverts more relevant to you and your interests. This type of advertising is called online behavioral advertising and place an icon in the top right-hand corner of an advert. This icon when clicked, will take you through to the website Your Online Choices where there is more help and guidance for you to Opt-out of this type of advertising. By using our websites, you agree that we can place these types of cookies on your device. Unclassified cookies These are cookies that we are in the process of classifying, together with the providers of individual cookies. V. Tracking in our emails Just like the cookies we use on our websites, TeamViewer uses cookies and similar technologies, such as beacons, pixels, and tags, in some emails. This is for example the case when you receive an email from us: TeamViewer will know whether you open, read, or delete the message. If you click on a link provided to you in a marketing email, TeamViewer will use a cookie to receive information on what pages you visit, what content you download, and whether you are a signed into one of our products. Web beacons for example, which are small invisible images placed in emails, will tell us if you’ve opened the email and read it, which email software and web browser you use, which device you use and your IP address. We also use web beacons to help us display emails in the best format for your device. Sometimes TeamViewer may use advance technologies like Link tracking. These functions based on the number of hyperlinks, each of which has a unique tag. When you click on one of these links the mailing company logs the click so that we can understand who has clicked through from an email to our website. We use this information to tailor future messages to you. What to do when you do not want to accept cookies or want them removed? If you wish to restrict or block the cookies which are set by any website - including those from TeamViewer or its affiliate websites, you should do this through the web browser settings for each web browser you use, on each device you use to access the Internet. Here some information browser manufacturers provide to help manage your cookies. Please see below for more information: https://support.google.com/chrome/answer/95647?hl=en (link for Google Chrome) https://support.microsoft.com/en-us/help/260971/description-of-cookies (internet explorer) https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer (mozilla firefox) https://support.apple.com/kb/PH5042?locale=en_US (safari for mac) https://support.apple.com/en-us/HT201265 (safari mobile) https://support.google.com/nexus/answer/54068?visit_id=0-636620904019897372-3345341377&hl=en&rd=1 (android) https://www.opera.com/help (opera) https://www.opera.com/help/mobile/android#privacy (opera mobile) Please be aware that some of our services, for example, the online web shop portal will not function if your web browser does not accept cookies. You may wish to visit www.allaboutcookies.org and/or http://www.youronlinechoices.eu/ which contains comprehensive information on how to choose and accept cookies on a wider variety of browsers. If you wish not to accept cookies from TeamViewer emails, just close the email before downloading any images or clicking on any links. You can also set your browser to restrict or reject cookies. These settings will apply to all cookies on websites and emails. In some instances, depending on your email or browser settings, cookies in an email may be automatically accepted (for example, when you've added an email address to your address book or safe senders list). Please check your email browser or device instructions for more information on this. How to control and delete cookies If you want to restrict or block the cookies we set, you can do this through your browser settings. The ‘help’ function within your browser should tell you how. Alternatively, you could visit www.aboutcookies.org, which contains comprehensive information on cookies on a wide variety of browsers. You’ll also find details on how to delete cookies from your computer. To learn about controlling cookies on the browser of your mobile device please refer to your handset manual. Supplementary information We may embed external content from third party websites (e.g. Facebook, YouTube) within our website periodically. In addition to this, we sometimes partner with third parties who provide services for us which you can navigate to from our website. These third parties may use cookies, you can find out about their approach to cookies on their websites. Team Viewer End User License Agreement Section 1 General provisions 1. General content of the contract 1.1. Parties and subject matter. The provisions of this End User License Agreement (EULA) shall govern the relationship between TeamViewer GmbH, Jahnstr. 30, 73037 Goeppingen, Germany (“TeamViewer”) and its customers (“Customer”) with respect to the licensing by TeamViewer of certain of its software and the provision by TeamViewer of certain services. Accordingly, subject to the terms and conditions of this EULA, TeamViewer may provide Customer with (i) certain software that enables the remote maintenance of computers and the performance of online meetings including diverse features. The Software is installed on computers of the Customer as well as Software that may be accessed and used via browser and apps for mobile terminals (e.g. iOS, Android) (collectively “Software”), (ii) servers for the establishment of encrypted connections (handshake) and for the forwarding of data packets (routing) in connection with the use of the Software (“Server Services”) and (iii) related support services (“Support Services”). The Server Services and the Support Services are collectively referred to herein as “Services”. 1.2. Regulation sections. Sec. 1 of this EULA contains the general provisions, sec. 2 shall apply to any temporary (i.e. subscription based) term licenses to use Software while sec. 3 shall apply to any perpetual Software licenses. 1.3. Formation and content of the contract. A paid contract pursuant to this EULA shall be formed, if (i) the Customer consummates the web-based order process on the TeamViewer website (www.teamviewer.com) and, at the end, clicks on the “Purchase” / “Order” / “Subscribe” or similarly named button, or if (ii) the Customer and TeamViewer sign a written order form, or if (iii) the Customer orders by phone and receives an order confirmation by e-mail. Details regarding the contract (e.g. selected Software, scope of functions, term, Services, etc.), are set forth in the options selected by the Customer and in the specifications provided by TeamViewer during the ordering process, or respectively on the order form (hereinafter all consistently referred to as “Order”, and hereinafter this EULA and the Order together shall be referred to as the “Contract”). A free-of-charge Contract in accordance with the provisions of this EULA between TeamViewer and the user shall be formed through the installation of a free-of-charge-version of the Software (“Freemium Software”). 1.4. Freemium Software. This EULA shall also apply for the use Freemium Software accordingly. 1.5. No deviating provisions. This Contract, including all Orders hereto, contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all proposals, understandings, representations, warranties, covenants, and any other communications (whether written or oral) between the parties relating thereto and is binding upon the parties and their permitted successors and assigns. Any inconsistent or conflicting terms and conditions contained in any purchase order or similar instrument of Customer shall be of no force or effect, even if the purchase order or similar instrument is accepted by TeamViewer. 1.6. Electronic commerce obligations. Sections 312i para. 1 nos. 1, 2 and 3 as well as sec. 312i para. 1 sentence 2 German Civil Code (“BGB”), which specify certain obligations of TeamViewer in the case of electronic commerce contracts, shall herewith be excluded. 1.7. Test period. If the Order provides for a test period, the Customer may terminate this Contract (and its Order) for the Software within seven (7) calendar days of the conclusion of the Contract. In such case Customer shall be provided with a refund of any prepaid, unused fees (if any) paid to TeamViewer for the applicable Software that is subject to the test period. 2. Product specification and activation of the Software 2.1. Product specification. The functions of the Software and a description of any Services are set forth and described in the product description available in the TeamViewer web shop and on the applicable Order (“Product Specification”). Only this Product Specification shall be relevant to the contractually agreed quality and features of the Software and the Server Services; any other oral or written statements of TeamViewer shall not be relevant. Some features and functions of the Software or Services provided by TeamViewer may include or depend on certain third party products and services all of which may be subject to changes by such third parties. Accordingly, such features and functions may be modified or limited. 2.2. No guarantees. In case of doubt, guarantees regarding the quality or features made by TeamViewer shall only be interpreted as such if they have been made in writing (including a signature) and are labelled “guarantee”. 2.3. Provision and activation. TeamViewer shall provide the Software to the Customer for electronic download. 2.4. Activation. After completing the Order the Customer shall receive (i) a license key or (ii) an activation link for the activation of the license. Once the license has been activated, the rights of use and functionalities in accordance with the Contract shall be available to the Customer. 3. Software rights of use 3.1. Non-exclusive right of use. TeamViewer herewith grants the Customer the non-exclusive, worldwide (subject to applicable export regulations; unless the Customer is expressly granted a limited right to use the license only in a specific territory during the order process), non-transferrable and not sub-licensable right to install, run and use the Software on Customers computers within the limits of the scope of use specified in the Order and this EULA. Notwithstanding the aforesaid, Customer shall be entitled to sublicense the Software in accordance with scope of Software functions (channel grouping). 3.2. Term of use. In case of a term or subscription based license (“Subscription”), the rights of use granted under this Contract shall be limited in time to the term specified in the applicable Order (cf. section 11). 3.3. Scope of use for fee-based licenses of the Software. Fee-based licenses of the Software – Subscription as well as Lifetime – are available exclusively to businesses/entrepreneurs and not to consumers. The scope of the granted rights and the admissible scope of use (e.g. channels) shall be set forth in the Contract. If the Customer obtains the right to use the Software for commercial use, then the Customer shall be entitled to use the Software for the Customer’s own trade or profession or the trade or profession of Customer’s Affiliates. For purposes of the foregoing, an “Affiliate” shall mean any other person which directly or indirectly, controls, is controlled by, or is under common control with Customer, including, without limitation, subsidiaries, parent and sister companies. 3.4. Scope of use for Freemium-Software. The use of the Freemium-Software is solely permitted for the user’s own, private, non-commercial purposes (e.g. free computer support for a spouse/partner). The use of the Freemium-Software for the exercise of the user’s own trade or profession or the use for purposes for which the user directly or indirectly receives compensation (team work with colleagues, free support provided to third parties which have bought software of the user) does not qualify as private use. 3.5. Unauthorized use. Any use of the Software exceeding the contractually agreed scope of usage is expressly prohibited. 3.6. Source code. The rights of use granted shall not include any rights to the source code of the Software. 3.7. Modification and decompilation. The rights granted pursuant to this Contract shall not include any rights to the modification or decompilation of the Software. This shall not affect the Customer’s statutory rights, in particular pursuant to sec. 69e of the German Copyright Act (UrhG). 3.8. Markings. Markings of the Software, in particular, copyright notices, brands, serial number or similar must not be removed, modified or rendered illegible. 3.9. Provision to third parties. The Customer shall not be entitled to give or provide the Software to third parties beyond the intended use; in particular, the Customer shall not be entitled to sell the Software. This does not affect 3.1 sentence 2. 3.10. Reservation of rights. As between the parties, TeamViewer retains all right, title and interest in and to the Software (and any updates thereto provided by TeamViewer) and in all copies, modifications and derivative works of the Software including, without limitation, all rights to patent, copyright, trade secret, trademark and other proprietary or intellectual property rights. 3.11. Right to audit and self-declaration. TeamViewer may, at its sole discretion, conduct technical measures regarding the functionality of the Software and the Server Services in such a way that it may detect whether the contractually agreed scope of usage is being exceeded by the Customer. Also, TeamViewer may require the Customer, at any time, to provide a self-declaration regarding its actual scope of use. 4. Server Services and other services provided by TeamViewer 4.1. Server Services. For the establishment of encrypted remote communication connections between different users of the Software, the Software must respectively first of all communicate with servers of TeamViewer (so-called “handshake”). In addition, it may be necessary for the transmission of data in the context of a session (e.g. online meeting or remote maintenance) that encrypted data packets be forwarded by servers of TeamViewer (so-called “routing”). Such handshake and routing are made available in connection with TeamViewer’s Server Services. (i) Subject matter. TeamViewer is willing to provide Customer with the respective Server Services. The Server Services may be unavailable from time to time due to technical difficulties or due to causes beyond the reasonable control of TeamViewer. The Internet connection between the Customer and the data center as well as the required hardware and software (e.g. PC, operating system) shall not be included in the services provided by TeamViewer and shall be Customer’s responsibility. The respective costs shall be borne by Customer. In case of Freemium-Software, the user has no claim to demand the provision of the Server Services and TeamViewer may in its sole discretion discontinue or modify the Server Services at any time. (ii) Term. In case of a subscription term license, the Server Services may be provided during the limited term of the Customer’s subscription to the Software. 4.2. Installation, configuration. The Customer shall be solely responsible for the installation and configuration of the Software. TeamViewer is not responsible for any installation or configuration. 4.3. Support. TeamViewer’s only obligation for Support Services shall be to provide those specific Support Services set forth and described on the Order (if any), subject to Customer’s payment in full for such Support Services. This shall not affect any statutory warranty claims of the Customer. 4.4. Documentation. TeamViewer shall provide a PDF manual retrievable online in German and English. Any further languages may be offered by TeamViewer on a voluntary basis, at TeamViewer’s sole discretion. The documentation is available under link. As between the parties, TeamViewer retains all right, title and interest in and to such documentation and in all copies, modifications and derivative works thereof including, without limitation, all rights to patent, copyright, trade secret, trademark and other proprietary or intellectual property rights. 4.5. Minor updates. TeamViewer may, at its sole discretion, elect to provide Customer with free minor updates of the Software for download. Minor updates may be marked by TeamViewer – in its sole discretion – by a change in the number behind the main version number (e.g. version XX.1, XX.2). Minor updates may include the correction of errors as well as minor improvements of functions (e.g. optimizations in the program execution speed). TeamViewer shall have no obligation to provide minor updates to Customer; provided, however, that if TeamViewer does elect to provide minor updates to Customer then the Customer shall be obligated to integrate the current update of the Software at its own cost into the then current version of the Software in use by Customer. This shall not affect any warranty claims of the Customer. All rights of use set forth herein that are applicable to the Software shall also apply to all minor updates. 4.6. Major updates. Major updates of the Software are new versions of the Software, usually comprising more extensive modifications of the functions. Major updates may be marked by TeamViewer – in its sole discretion – by a change of the main version number (e.g. version XX, YY). TeamViewer shall not be obligated to provide any major updates to Customer. In the event that TeamViewer elects to provide any major updates to Customer, TeamViewer may require the Customer to pay an additional fee for use of such major updates to the extent Customer elects to license such major update. The Customer is not obligated use any major update. 4.7. Programming interfaces. At TeamViewer’s discretion, the Software or Server Services may provide programming interfaces or other software interfaces (“API”) which may include applications of third parties or of the Customer (“Third-party Software”) that can communicate with the Software or respectively the servers of TeamViewer. TeamViewer may change or switch off APIs at any time without any obligation or liability to Customer. The respective provider shall be responsible for the Third-party Software. The provisions of this Contract shall not apply to any such Third-party Software and TeamViewer shall have no liability for any Third-party Software. 4.8. Telephone conference number. If, in the context of its services, TeamViewer provides a telephone conference number for dialing in as an alternative to the audio conference function of the Software, the provider of the respective telecommunication service (and not TeamViewer) shall be the owner of the telephone connection of the respective number. The use of the telephone conference number shall be subject to a separate fee and is not included in the user fee pursuant to this Contract. If applicable, the invoicing shall be performed by the telephone provider of the participant. 4.9. Changes to the services. TeamViewer may change the Software in the context of updates as well as the Server Services (including the system requirements) for good cause. Such a good cause shall exist especially if the change is required due to (i) a necessary adaptation required by applicable law, (ii) changed technical framework conditions (new encryption standards), or (iii) the protection of the system security. 5. Obligations and duties of the Customer 5.1. Lawful usage. The Customer shall use the Software and the Server Services only in accordance with the provisions of this Contract and in accordance with applicable laws and regulations in connection with such use. When using the Software and Server Services, the Customer shall, in particular, comply with all applicable data protection and export control provisions. 5.2. Export controls and economic sanctions. Customer acknowledges that the software and related technical data and services (collectively Controlled Technology) are subject to the import and export control and economic sanctions laws of Germany, the European Union and the United States, specifically the U.S. Export Administration Regulations (EAR) and the laws of any country where Controlled Technology is imported or re-exported. Customer agrees to comply with all relevant laws and will not export, re-export, or transfer any Controlled Technology in contravention of German, EU or U.S. law nor to any restricted country, entity, or person for which an export license or other governmental approval is required. Customer further agrees that it will not export, transfer, or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons. Customer represents that it is not (i) a Restricted Party; (ii) currently engaging in any transaction, activity or conduct that could result in a violation of applicable Sanctions and warrants that it will not make available the Controlled Technology directly or indirectly, to, or for the benefit of, any Restricted Party. Item 5.2 shall only apply to the Customer to the extent that the provisions herein would not result in (i) any violation of, conflict with or liability under EU Regulation (EC) 2271/1996 or (ii) a violation or conflict with Section 7 German Foreign Trade Regulation (Außenwirtschaftsverordnung) or a similar antiboycott statute. Restricted Party means any person (i) designated on any Sanctions List, (ii) that is, or is part of, a governmental authority of a Sanctioned Territory, (iii) owned or controlled by, or acting on behalf of, any of the foregoing, (iv) located, organized, or resident in, or operating from, a Sanctioned Territory, or (v) otherwise targeted under any Sanctions. Sanctioned Territory means any country or other territory subject to a general export, import, financial or investment embargo under Sanctions, which countries and territories, as of the date of this Agreement, are Cuba, Iran, North Korea, Sudan and Syria. Sanctions means economic or financial sanctions or trade embargoes or other comprehensive prohibitions against transaction activity pursuant to anti-terrorism laws or export control laws imposed, administered or enforced from time to time by the US, EU, UN, Germany, or any country where Controlled Technology is imported or re-exported. 5.3. System requirements. The requirements for the Customer’s software and hardware are specified in the manuals and the Product Specification (cf. sec. 2.1 and 4.4). The Customer shall familiarize itself with the system requirements prior to using the Software and use the Software in accordance with these requirements. 6. Confidentiality and data protection 6.1. Confidentiality. The products offered by TeamViewer, including the Software and all manuals and documentation provided by TeamViewer, contain essential components (e.g. algorithm and logic), constituting confidential information and trade secrets and shall be deemed TeamViewer’s Confidential Information. Customer will not disclose TeamViewer’s Confidential Information to any third party and will use TeamViewer’s Confidential Information only in accordance to this Contract. 6.2. Data protection. TeamViewer strictly complies with applicable data protection law. TeamViewer collects, processes and uses data of Customer for the implementation and processing of the contractual relation with Customer, in particular for successfully establishing connections via the Internet. Data of Customer is not shared with third party advertisers without prior written consent. Non-personal or anonymous data may be collected automatically to improve functionality and the Customers’ experience with the Software and the Services. The Customer agrees that any non-personal or anonymous data collected may be sent to any of the worldwide offices or affiliates of TeamViewer. Details about collection, processing, and use of personal data by TeamViewer are described in the Data Protection Policy available for download under link. 7. Limitation of liability 7.1. Exclusion in certain cases. TeamViewer shall be liable for damages in accordance with the statutory provisions, if such damages (i) have been caused by TeamViewer intentionally or grossly negligently, or (ii) have been caused by TeamViewer by slight negligence and are due to breaches of duty which jeopardize the fulfillment of the purpose of this Contract, or due to a breach of duties the fulfillment of which would make the proper performance of this Contract possible in the first place and in the fulfillment of which the Customer may trust (breach of material obligations). Any further liability of TeamViewer shall be excluded irrespective of the legal basis, unless TeamViewer is mandatorily liable in accordance with the law, in particular due to injury to life, body or health of an individual, due to the provision of an express warranty, fraudulent concealment of a defect or due to the provisions of the German Product Liability Act. 7.2. Limitation of the amount. In the case of sec. 7.1 sentence 1 (ii) (slightly negligent breach of material obligations), TeamViewer shall only be subject to limited liability for damages that can be typically expected in the case of a contract of this type. 7.3. Limitation of liability in case of Freemium-Software. In deviation from sec. 7.1 and 7.2, TeamViewer’s liability for damages caused during a provision and use of Freemium-Software the provisions on lending (sec. 598 et seq. BGB), shall take precedence, i.e., in particular, the provisions that TeamViewer’s liability for defects shall be limited to fraud in accordance with sec. 600 BGB, that liability in accordance with sec. 599 BGB shall be limited to intent and gross negligence and that the shortened limitation period of six months in accordance with sec. 606 BGB shall apply. 7.4. Employees and agents of TeamViewer. The limitations of liability pursuant to sec. 7.1 to 7.3 shall also apply to claims against employees or agents of TeamViewer. 8. Final provisions 8.1. Changes to the General Terms and Conditions. TeamViewer shall be entitled to amend this EULA upon no less than six (6) weeks prior notice to Customer. Unless customer notifies TeamViewer in writing of its objection to such amendment within fifteen (15) days of its receipt of notice of such amendment from TeamViewer then the amendment shall be deemed accepted by Customer. If, on the other hand, Customer notifies TeamViewer in writing of its objection to such amendment within fifteen (15) days of its receipt of notice of such amendment from TeamViewer then the Contract shall be continued under the existing terms without giving effect to such amendment. 8.2. Communication via email. Unless otherwise specified in this Contract, any notifications and declarations in connection with this Contract may also be made by email. To this end, TeamViewer may use the email address the Customer provided upon registration or in the TeamViewer account. The Customer shall check his emails regularly and, if necessary, update the email address. TeamViewer’s contact information is available under link. 8.3. Applicable law. This Contract and any disputes in connection with it shall be exclusively governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. 8.4. Place of jurisdiction. The exclusive place of jurisdiction shall be Stuttgart, Germany. TeamViewer shall still be entitled to file a suit at the Customer’s domicile. 8.5. Severability. If any provision of this Contract is found partly or wholly illegal or unenforceable, such provision shall be enforced to the maximum extent permissible, and remaining provisions of this Contract shall remain in full force and effect. 8.6. Exclusive application. This EULA shall apply exclusively. Differing or contrary terms shall not apply except if expressly agreed upon in writing. Section 2 Supplementary provisions regarding subscription 9. User fee, price changes and late payment in case of subscription 9.1. User fee. During the term of the Contract, the Customer shall pay TeamViewer the recurring user fee specified in the Order for the rights of use to the Software and the provision of the Services. 9.2. Due date. Unless otherwise specified in the Order, the price shall be due upon invoicing. 9.3. Changes of the scope of use. Customer shall have the right at any time to increase the ordered scope of use or to switch to a higher service package by entering into additional Order. Any reduction in use or a switch to a lower package, however, shall only be available at the expiration of the then applicable term (cf. sec. 11.1). In the case of an increase of the scope of use during the Initial Term or a Renewal Term, the additional fees shall be invoiced on a pro rata basis based on TeamViewer’s then current applicable price lists. 9.4. Invoicing. Unless otherwise specified in the Order, TeamViewer shall invoice the user fee at the beginning of the Contract and subsequently at the beginning of each Renewal Term. The invoicing shall be made (i) online via an email to the email address provided by the Customer or (ii) – if such an account has been created – through an upload into the Customer’s TeamViewer account and the notification of the Customer via email. The Customer shall only be entitled to the delivery of an invoice by mail, if the Customer requests the invoice from TeamViewer and pays the respective fee specified in TeamViewer’s applicable price list. 9.5. Payment methods. The invoiced amounts may be paid by credit card. Further payment methods (e.g. SEPA direct debit or check) can be selected during the ordering process. If the Customer selects PayPal debit authorization as payment method, if provided for, the Customer may cancel the debit method on its PayPal account profile. Such cancellation shall be made no later than one day prior to the next debit date. 9.6. Prices, fees, and tax. The Customer shall be required to pay all prices and charges specified in the Order according to the stipulated payment terms to TeamViewer. Such prices do not include any sales, use, consumptions, value-added, or any other tax (including applicable withholding tax) and Customer is responsible for the payment of any and all such taxes. Bank and credit card charges shall be borne by the Customer. All prices and charges shall be payable immediately and in the currency specified on the Order, unless another payment period was agreed. 9.7. Price changes. TeamViewer shall be entitled to reasonably increase the user fee effective as of the end of the Initial Term (usually 12 months) or any Renewal Term. TeamViewer must announce the increase at least 28 calendar days beforehand. The Customer may object to the increase within 14 calendar days of the announcement, in which case the Contract shall be terminated at the end of the respective Initial Term or Renewal Term. If the Customer does not object, this shall be deemed as his consent to the increase. TeamViewer shall inform the Customer in its notification about this effect of non-objection. 9.8. Late payment. The statutory provisions, in particular sections 286 and 288 BGB, shall apply to the occurrence of default and default interest. In addition, the following provisions shall apply: (i) Reminder fee. In the case of a second payment reminder, TeamViewer shall be entitled to charge a suitable reminder fee. (ii) Suspension in case of default. If the Customer defaults on the payment of the user fee, TeamViewer shall be entitled to suspend the Server Services temporarily (“Suspension”). However, TeamViewer shall warn the Customer of the Suspension reasonably in advance, e.g. via email or notifications in the Software. The Suspension shall not take place or respectively be stopped once the Customer has made his payment in full. During the Suspension period, no connections can be established from and to the installations of the Customer’s Software. The Customer’s obligation to pay the user fee shall continue in effect during the Suspension period. (iii) Termination in case of default. TeamViewer may terminate the Contract for cause if the Customer defaults on the payment of the user fee and fails to cure the breach within fifteen (15) days of receiving notice from TeamViewer. Termination is in addition to (and not in lieu of) any other rights and remedies available to TeamViewer hereunder or at law. 10. Warranty claims (warranty) in case of subscription 10.1. Freedom from defects, quality and features. TeamViewer shall provide the Software free from any defects in quality and title and maintain it in a condition suitable for the contractual use during the term of the Contract. 10.2. Obligation to preserve. The obligation to preserve the Software does not include the adaptation of the Software to new operating systems or new operating system versions, the adaptation to the scope of functions of competing products or the establishment of compatibility with new data formats or major updates (main version) of TeamViewer of other participants which are no longer supported by TeamViewer. 10.3. Elimination of errors and defects. The Customer shall report any errors and defects in the Software or the Server Services preferably via the web portal provided by TeamViewer under link and shall, as far as this is possible and can be reasonably expected, explain the circumstances of the occurrence of the errors/ defects more detail (e.g. screenshots, protocol data). TeamViewer shall eliminate errors/defects within a reasonable period of time. TeamViewer will be able to eliminate errors/defects in the form of updates and patches as long as the contractual scope of function is retained and the transfer does not lead to significant disadvantages. Installation expenses shall be borne by the Customer. In addition, TeamViewer shall be entitled to show the Customer temporary ways for circumventing the errors/defects and eliminate the errors/defects at a later point in time through the adaptation of the Software or the Server Services, if the Customer can reasonably be expected to accept such a temporary solution. 10.4. Termination. A termination by the Customer in accordance with sec. 543 para. 2 sentence 1 no. 1 BGB due to the non-permission of the use in conformity with the Contract shall only be admissible if TeamViewer had been given sufficient opportunities to eliminate the error/shortcoming and has failed to do so or the subsequent performance was unsuccessful. 10.5. Initial impossibility. The strict liability for initial defects in accordance with sec. 536a para. 1, alternative 1 BGB shall be excluded. This shall not affect any fault-based liability. 10.6. Limitation period. Warranty claims shall expire within twelve (12) months. This shall not apply to warranty claims for which TeamViewer is inevitably liable in accordance with the law (e.g. in case of fraud, cf. section 7.1 sentence 2). 10.7. Statutory provisions. In addition, the statutory provisions regarding warranty claims shall apply subject to section 7. 11. Terms and termination in case of subscription 11.1. Term and ordinary termination. Unless otherwise specified in the Order, the following shall apply (i) in the case of the provision of the Software for a fee: If the Order, the Contract has an initial term of twelve (12) months (“Initial Term”) it shall subsequently be renewed automatically for additional periods of twelve (12) month (each a “Renewal Term”), unless either party notifies the other party no less than twenty eight (28) days (“Notice Period”) prior to the end of the Initial Term or any Renewal Term that it has elected not to renew the Contract. If the Contract has an initial term of one month (“Initial Term”) it shall subsequently be renewed automatically for additional periods of one month (each a “Renewal Term”), unless either party notifies the other party no less than fourteen (14) days (“Notice Period”) prior to the end if the Initial Term or any Renewal Term that it has elected not to renew the Contract. (ii) in the case of a provision of the Software free of charge: The Contract shall enter into effect upon its conclusion, be concluded for a limited time and either Party may terminate it at any time without giving reasons. 11.2. Termination for Breach. This shall not affect the right to a termination for good cause. Section 9.8.(iii) shall apply to TeamViewer’s termination right in case of late payment. 11.3. Termination notice. The termination must be made in writing (signed letter, telefax) or in text form (e.g. email). The Customer shall address its termination notice to TeamViewer GmbH, Jahnstrasse 30, 73037 Goeppingen, Germany or respectively to sales. TeamViewer may also terminate a Contract by means of a respective notification within the Software. 11.4. Consequences of the termination of the Contract. Upon the termination or expiration of the Contract, the Customer shall delete the Software from its computers and refrain from any further use of the Software. Upon the termination or expiration of the Contract, the Customer shall no longer have access to the data stored by Customer in the Software, the TeamViewer account and the TeamViewer Management Console. The Customer shall be solely responsible for exporting the data – as far as possible – prior to the termination or expiration of the term of the Contract by means of the Software functions and to store it for further use. TeamViewer shall not be obligated to any further release of data. Upon the termination or expiration of the Contract, TeamViewer shall delete the Customer data, unless TeamViewer is obligated by law to store it. If a deletion is only possible with unreasonable efforts (e.g. in backups), TeamViewer shall be entitled to lock the data. This shall not affect TeamViewer’s right to use data in accordance with section 6.2. Section 3 Supplementary provisions regarding perpetual licenses 12. Price and late payment in case of a perpetual license 12.1. Price. The Customer shall pay TeamViewer the price specified in the Order. 12.2. Due date. Unless otherwise specified, the price shall be due upon invoicing. 12.3. Invoicing. Unless otherwise specified, TeamViewer shall invoice the fee immediately upon the parties entering into the Contract. The invoicing shall be made (i) online via an email to the email address provided by the Customer or (ii) – if such an account has been created – through an upload into the Customer’s TeamViewer account and the notification of the Customer via email. The Customer shall only be entitled to the delivery of an invoice by mail, if the Customer requests the invoice from TeamViewer and pays the respective fee specified in TeamViewers then current applicable price list. 12.4. Payment methods. The invoiced amounts may be paid by credit card. Further payment methods (e.g. SEPA direct debit or check) may be offered by TeamViewer as well. If the Customer selects PayPal debit authorization as payment method, if provided for, the Customer may cancel the debit method on its PayPal account profile. Such cancellation shall be made no later than one day prior to the next debit date. 12.5. Prices, fees, and tax. The Customer shall be required to pay all prices and charges specified in the Order according to the stipulated payment terms to TeamViewer. Such prices do not include any sales, use, consumptions, value-added, or any other tax (including applicable withholding tax) and Customer is responsible for the payment of any and all such taxes. Bank and credit card charges shall be borne by the Customer. All prices and charges shall be payable immediately and in the currency specified on the Order, unless another payment period was agreed. 12.6. Late payment. Sections 9.8.(i), 9.8.(ii) and 9.8.(iii) above shall also apply to any perpetual licenses to the Software. 13. Warranty claims (warranty) in case of perpetual licence 13.1. Freedom from defects and quality. TeamViewer shall provide the Software free from any defects in quality and title. 13.2. Elimination of errors and defects. The Customer shall report any errors and defects in the Software or the Server Services preferably via the web portal provided by TeamViewer under link and shall, as far as this is possible and can be reasonably expected, explain the circumstances of the occurrence of the errors/defects in more detail (e.g. screenshots, protocol data). TeamViewer shall eliminate errors/defects within a reasonable period of time. TeamViewer may eliminate errors/defects in the form of updates and patches as long as the contractual scope of function is retained and the transfer does not lead to significant disadvantages. Installation expenses shall be borne by the Customer. In addition, TeamViewer shall be entitled to show the Customer temporary ways for circumventing the errors/defects and may eliminate the errors/defects at a later point in time through the adaptation of the Software or the Server Services, if the Customer can reasonably be expected to accept such a temporary solution. The Customer may assert rescission and reduction rights only if the subsequent performance was unsuccessful. 13.3. Obligation to preserve. The obligation to preserve the Software does not include the adaptation of the Software to new operating systems or new operating system versions, the adaptation to the scope of functions of competing products or the establishment of compatibility with new data formats or major updates (main version) of TeamViewer of other participants which are no longer supported by TeamViewer. Section 4.1. (ii) sentence 2 applies accordingly. 13.4. Limitation period. Warranty claims shall expire within twelve (12) months from provision of the Software for download. This shall not apply to warranty claims for which TeamViewer is inevitably liable in accordance with the law (e.g. in case of fraud, cf. section 7.1 sentence 2). 13.5. Inspection and notification obligation. Section 377 German Commercial Code shall apply. 13.6. Statutory provisions. In addition, the statutory provisions regarding warranty claims shall apply subject to section 7. Stake Terms and Conditions Stakeshop Pty Ltd ACN 610 105 505 This Agreement governs your opening of an Account with Stake (Stakeshop Pty Ltd), your use of the Account, the redemption of Gift Cards and E-Gifts, as well as the provision of the Stake Service. We reserve the right to amend the Agreement from time to time. Any amendments shall come into effect 20 days after publication of the amendment on the Website. If the amendment is required for urgent technical, risk, or regulatory compliance reasons, the amendment will come into effect immediately upon publication on the Website. For Terms & Conditions relating to Gift Cards, please click here. INTERPRETATION In this Agreement unless the contrary intention appears: the singular includes the plural and vice versa; a reference to a gender includes each other gender; a reference to a regulatory guide, statute or other law includes regulations and other instruments made under it and consolidations, amendments or replacements of any of them; and a reference to a person includes: an individual or a firm, body corporate or association (whether incorporated or not); and the person's legal personal representatives, successors, substitutes, transferees and assigns. DEFINITIONS The following words have the indicated meanings in this Agreement unless the contrary intention appears: Account means your Stake account. Account Holder means the persons named as the account holder. Agreement means these terms and conditions. Application means your application for an Account. Application Form means an approved application form required to open an Account with us. Australian Tax Resident means a Person who is a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (Cth). Business Day means a day which is not a weekend or Public Holiday in New South Wales, Australia. Confirmation means the confirmation note we send you on execution or partial execution of a Transaction. Currency means a form of money which is tradeable on the foreign exchange market either in Australian dollars or as otherwise stated. Currency Conversion means the sale or purchase of Currency in accordance with your Instructions. Custodian means the custodian appointed by us from time to time. E-Gift means a stored value electronic gift redeemable for the designated listed security noted on the gift for the stated amount. E-Gift Holder means the person who holds an E-Gift. Exchange means an official stock exchange whether Australian or overseas. Fees and Charges means a fee and/or charge as set out on the Website. Force Majeure means any delay or interruptions in fulfilling our obligations under these terms and conditions if the circumstances are beyond our reasonable control or the control of any Service Provider. This includes problems with your telecommunications services, internet service provider, computer hardware and/or software, or difficulties in sending or receiving emails. General Financial Product Advice means General Financial Product Advice as defined by the Corporations Act 2001. Gift Card means a stored value gift redeemable for brokerage and/or the designated listed security noted on the gift for the stated amount. Gift Card Holder means the person who holds a Gift Card. Information means information and data periodically provided by us and Service Providers, including but not limited to data derived from the manipulation of any part of the information. This may include Account information, market information, news, updates, analyses, notifications, data and research materials relating to financial Services and products. Instructions means your instructions to us to arrange to execute Transactions. Licensee means Sanlam Private Wealth Pty Ltd, Australian Financial Services Licensee 337927. Listed Entity means a company whose shares are traded on an Exchange. Personal Financial Product Advice means Personal Financial Product Advice as defined by the Corporations Act 2001. Registered Tax Agent means a tax agent or financial adviser registered with the Tax Practitioner’s Board. Rules means the operating rules of an Exchange. Securities means securities as defined in section 761A of the Corporations Act 2001 that are listed on an Exchange, whether within Australia or overseas, and includes a fractional interest in a Security. Service Provider means the service provider nominated by us to provide services such as custody, bank account operation, or execution and clearing services. Stake Service means provision by us of information, trading and settlement services, custody services, arranging to execute Transactions on your behalf, foreign exchange services and financial services as defined in the Corporations Act 2001. Transactions means the sale or purchase of Securities, whether within Australia or overseas, by us on your behalf and in accordance with your Instructions. Us, our, we, Stake means Stakeshop Pty Ltd, its directors, employees and agents. Website means www.stake.com.au You means the Account Holder. GENERAL 3.1 This Agreement applies to all dealings between you and us. By opening an Account, you acknowledge that you have read, and agree to be bound by, this Agreement. 3.2 This Agreement will apply once we have accepted your application to open an Account. 3.3 We reserve the right to decline your application to open an Account. 3.4 All dealings between you and us are subject to: the Corporations Act 2001; the Rules, directions, requirements, customs and usage of and laws governing the Exchange; the customs and usages of the market; and Australian and international anti-money laundering and counter-terrorism laws. 3.5 You acknowledge that you have responsibility for all obligations that arise from Transactions we undertake on your behalf. 3.6 If we accept your application for an Account, the Stake Service will be provided in accordance with this Agreement. REPRESENTATIONS, WARRANTIES AND OBLIGATIONS 4.1 You represent and warrant: the information you give us is complete and correct; this Agreement will bind you in your personal capacity; you have authority to enter into this Agreement; and your Instructions are lawful; you are over the age of 18. 4.2 You agree that: you will utilise the Website to use the Stake Service, and will provide Instructions in relation to Transactions through the Website; you will ratify and confirm any actions we carry out based on your Instructions; will pay us for any fees and charges which are reasonably incurred in implementing your Instructions and which are set out from time to time on our Website; you will inform us of any error or omission as soon as you become aware of it and you are responsible for taking necessary action to mitigate any potential loss from the error or omission. RESIDENCY 5.1 Only Australian Tax Residents may redeem an E-Gift or Gift Card or open an Account. 5.2 By redeeming an E-Gift or Gift Card or opening an Account, you acknowledge that you are an Australian Tax Resident. 5.3 If at any time you become a non-Australian Tax Resident, you must provide Stake with your overseas residential address. TAX FILE NUMBER 6.1 You do not have to provide us with your TFN and declining to do so is not an offence. If you do not provide us with your Tax File Number, or notify us that you are eligible for an exemption from providing a Tax File Number, we or our Service Providers may have to deduct Pay As You Go withholding tax at the maximum marginal tax rate (plus the Medicare levy) from any income you earn through the Stake Service. 6.2 If you provide us with your Tax File Number, you agree to us providing that information to our Service Providers. ACCESS TO STAKE SERVICE AND WEBSITE 7.1 The Stake Service gives you the ability to instruct us to arrange to execute transactions on your behalf. To use the Stake Service you will need to have access to the internet. You are responsible for maintaining any electronic equipment or software needed to give you access to the Stake Service or the Website. 7.2 We do not promise continuous, non-interrupted or fault free delivery of the Website or the Stake Service. 7.3 Access to the Website and the Stake Service may be unavailable or interrupted from time to time due to: technical or service delivery reasons; or to conduct reasonable maintenance; or regulatory or risk management reasons; or any other reason. 7.4 In addition, your access to the Website and the Stake Service may be restricted or suspended as set out in Clause 21. ACCOUNT OPENING 8.1 To open an Account, you must: Complete an Application form; Agree to be bound by these Terms and Conditions, and the Terms and Conditions of our Service Providers; Provide us whatever information we reasonably request Successfully open accounts with our Service Providers, as set out at Clause 12. 8.2 We may, in our absolute discretion, decline your application for an Account. FUNDING AN ACCOUNT 9.1 Before you can provide us with an Instruction, you must fund your Account. 9.2 To fund Transactions, you must have a Cash Management Account (CMA) with Macquarie Bank Limited (opened as part of the Account Opening process). 9.3 You authorise Stake, as an advisor on your Account, to facilitate the transfer of all funds deposited into your Account (which are not the result of a withdrawal from US) to the US client account of Stake’s broker-dealer (DriveWealth, LLC). 9.4 Once the funds have cleared in your Account, Stake will book a deal with OFX (OzForex Limited) to convert your funds from Australian dollars into US dollars. 9.5 The Australian dollar funds will be sent to OFX and remitted to the US client account in US dollars. 9.6 You will be notified once the funds have cleared in the US client account and are available to invest through Stake. 9.7 All client funds are custodied in the US by the Custodian (ICBC Financial Services (ICBCFS), a US based clearing broker owned by the Industrial & Commercial Bank of China). 9.8 These funds are for investing in US equities directly and cannot be used to purchase E-Gifts or Gift Cards. WITHDRAWING FUNDS 10.1 You may withdraw funds from the US to your local Australian bank account at any time through instruction on the Stake website. 10.2 When you issue a withdrawal instruction, you authorise Stake to facilitate the transfer of your US dollar funds from the US client account to your local Australian bank account. 10.3 On receiving the withdrawal instruction, Stake will book a deal with OFX to convert your funds from US dollars into Australian dollars. 10.4 The US dollar funds will be sent to OFX and remitted to your CMA in Australia. 10.5 The Australian dollar funds will then be sent to your local Australian bank account. GIFT REDEMPTION 11.1 You may redeem a gift (by entering a gift redemption code on Stake) at any time. 11.2 The gift is redeemable exclusively on Stake for the value of the securities noted on the card. 11.3 Once the gift has been redeemed, the shares will be purchased by way of a market order only after: The recipient has successfully opened an Account; and The gift funds have arrived in the US and are cleared funds. 11.4 However, you must first have opened an Account before an Instruction will be issued to purchase the Security. 11.5 You must enter the redemption code contained on the E-Gift or Gift Card within 12 months of the date of issue of the E-Gift or Gift Card. APPOINTMENT OF SERVICE PROVIDERS 12.1 You agree that we may from time to time appoint third parties to perform certain of our obligations under this Agreement. 12.2 Neither we nor the Licensee are participants on an Exchange. Accordingly, we have appointed DriveWealth, LLC or other relevant Exchange participant and may appoint other Exchange participants to provide execution and clearing services for the Transactions. You must open an account with DriveWealth, LLC to facilitate this. 12.3 You agree and acknowledge that it is necessary for you to open accounts with Service Providers and that we will arrange for applications for such accounts to be made to Service Providers on your behalf. 12.4 You provide authorisation for us to disclose personal information to third parties involved directly in delivering the Stake Service. 12.5 You agree and acknowledge that opening a Stake account involves usage of a Service Provider’s systems and is subject to that Service Provider’s terms and conditions. Stake may not be a party to any agreement between you and a Service Provider. 12.6 We may remove any Service Providers or appoint any Service Providers to perform any of our duties under this Agreement. We will exercise reasonable care in the selection of our Service Providers. 12.7 You agree that we will not be liable for any losses sustained or incurred by you by reason of: The recipient has successfully opened an Account; and The gift funds have arrived in the US and are cleared funds. 12.8 Our Service Providers may appoint other agents to provide services under this Agreement. You agree that we will not be liable for any losses sustained or incurred by you by reason of any act, omission, fraud, negligence, insolvency or delay of such persons. 12.9 You acknowledge and agree that, under their terms and conditions, the Service Providers have: Placed limits on their liability; Do not guarantee the availability of their services; and Have rights in relation to the Securities that are purchased through them which they might be able to exercise contrary to your interests. APPOINTMENT AS AGENT 13.1 You appoint us and each of our respective agents, directors, officers, Licensee and Service Providers (as applicable) severally (each referred to as ‘Agent’) as your Agent to do in your name everything necessary or expedient to: execute and deliver any document necessary to ensure that the registration details of your Securities contain your true name, registration address and other necessary personal information as set out in the Application Form or otherwise provided by you; apply for accounts on your behalf with any Service Provider; appoint one or more substitute Agents to exercise one or more powers given to the Agent, and to revoke such appointments. 13.2 You will inform us immediately if you withdraw the authority set out in this Clause 13. ADVICE 14.1 We are not a Registered Tax Agent. 14.2 We recommend that you obtain professional financial, legal and taxation advice before entering into any financial investment decision. 14.3 As part of the Stake Service, we will not provide you with Personal Financial Product Advice. If we provide you with General Financial Product Advice, that advice has been prepared without considering your personal information and does not take into account your specific needs or objectives; 14.4 You are responsible for any investment or trading decisions made by you with respect to your Account and we will not be responsible for determining the suitability, appropriateness or advisability of your Instructions, any Transaction or Currency Conversion; 14.5 We do not guarantee the performance of any Securities; 14.6 You must only provide us with Instructions and enter into Transactions for your own benefit and will not use your Account on behalf of third parties (unless agreed with us); 14.7 Where the Transactions are international, they will not be subject to any rules of the ASX and you will not receive the benefit of coverage under the National Guarantee Fund. YOUR INSTRUCTIONS 15.1 Once you have opened an Account, you may Instruct us to buy or sell Securities on your behalf. We will then arrange to execute your Instructions. 15.2 Any Instructions: must be given to us through the Website; are subject to the Rules and this Agreement; 15.3 You authorise us to act on any Instructions we genuinely believe are given by you in accordance with this Agreement; 15.4 We are entitled to assume that any Instructions given via the Website using your account details are from you. You are bound by any such Instructions. 15.5 As part of executing your Instructions, you will be charged brokerage by us and any nominated Service Provider at the rates we set, and any other applicable Fees and Charges in each case as specified on the Website. These Fees and Charges may change from time to time and will differ depending on whether a fractional or whole interest in a Security is being purchased. 15.6 You acknowledge that the price at which the Instructions are executed may be different from the price the Security is trading at the time you give your Instructions; 15.7 We do not guarantee that your Instructions will be executed: in full or in part; by a certain time; or at a particular price. ACKNOWLEDGEMENTS 16.1 When you provide us with Instructions, you acknowledge that: 16.2 You are able to pay for any Securities purchased, and any liabilities that arise. 16.3 We will only permit trading in Securities where you have sufficient cleared funds in your Cash Management Account. 16.4 You will pay all associated duties or taxes before the settlement time and date specified. 16.5 We will use our reasonable endeavours to arrange for the execution of your Instructions. You will receive Confirmation upon execution. 16.6 We will not be responsible for any losses you may incur as a result of any delay or error in the transmission or execution of your Instructions, and you acknowledge that international time differences and timing of public holidays or other similar observances may lead to delays in receipt of Instructions and execution by us and our Service Providers. 16.7 Instructions to buy or sell Securities may only be valid for terms that we determine from time to time and within the maximum terms allowed on the relevant Exchange. 16.8 If you request variation to or cancellation of a Transaction recorded by us, the Transaction will not be varied or cancelled until we notify you that your request has been accepted. 16.9 You will be liable to pay the applicable market fees for your trades. 16.10 You are responsible for any liability for contracts arising from your Instructions. 16.11 You will indemnify us against all loss, expense or any other liability in relation to the execution of your Instructions, except to the extent resulting from or caused by our negligence, fraud or dishonesty. REFUSING YOUR INSTRUCTIONS 17.1 We reserve the right to refuse to: respond to a request for information; and/or accept any Instruction. 17.2 Notwithstanding the fact that you can only place orders to purchase shares once you have sufficient cleared funds, we can decline to act on your behalf or accept your instructions if: you do not provide sufficient cleared funds or do not maintain sufficient funds in your Cash Management Account in Australian currency to cover the cost of instructions to buy Securities before the Instruction is executed; we reasonably believe that your Instructions are unclear, ambiguous or incomplete; we believe that your Instructions breach (or may breach) this Agreement, any law, statutory requirements, or other regulatory requirements, including any Rules or regulations of the relevant Exchange. we may also cancel any Transaction or generally restrict your ability to trade Securities through your Stake Account. We do not need to provide any reason for taking such action. We will notify you, as appropriate, of any such refusal or cancellation. FAILURE TO SETTLE 18.1 If you do not: comply with the obligations set out in this Agreement or the Rules relating to a Transaction; and make full payment or good delivery for your Transactions by the settlement date you authorise us, our directors and employees or agents (as your Agent) to: sell on your behalf any Securities that are the subject of the Confirmation, outstanding in your Account or in our control or possession at your risk and expense, including brokerage, stamp duty and other costs; and apply the proceeds to reduce your liability to us. 18.2 Where we have incurred additional costs, we will either set off or direct debit funds from you or demand payment from you in writing. CONFIRMATIONS 19.1 You authorise us to: give you a single Confirmation for a series of Transactions rather than individual Confirmations for each Transaction in the series, and accumulate Transactions in a particular security across multiple Exchanges on a single Confirmation and specify the volume weighted average price for those Transactions. 19.2 You acknowledge and agree that this Agreement is evidence that you have provided the authorisation under clause 18.1, and that this authorisation continues by you continuing to place orders with us. 19.3 You authorise us to send electronic Confirmations to your email address as notified to us from time to time. 19.4 You agree that if we issue you with a Confirmation, it constitutes evidence of the Transaction unless it includes an error. The Confirmation will be subject to the correction of errors and omissions. CONFIRMATIONS 20.1 Your Securities and Currencies will be held by a Custodian. You will retain legal and beneficial ownership of the Securities. 20.2 Your money may be passed by us to a Service Provider. Your money may also be transferred to other persons, such as an Exchange. Where such a person is located outside Australia, the legal and regulatory regime applying to such a person will be different to that of Australia and, in the event of failure of such a person, this money may be treated in a different manner from that which would apply if the money was held by such a person in Australia. CURRENCY CONVERSION 21.1 You acknowledge that we are not authorised under Australian financial services law to deal in foreign exchange contracts. You appoint our Service Provider to execute any Currency Conversions relating to your trades in International Securities. 21.2 You agree that you will bear the foreign exchange risks of a Currency Conversion, including but not limited to, the risks of cash held, or of interest or other income payments received, of expenses, taxation or other liabilities incurred in Currencies other than Australian dollars and of exchange controls or other laws that may prohibit or impose costs on the Currency Conversion and that we will not be liable for any loss suffered by you as a result of a Currency Conversion or the timing of a Currency Conversion. 21.3 When you place an order, you agree to accept the indicative quote for the Currency Conversion. You agree to exchange currencies at a rate, which may be different from the estimated rate, depending on market movements, and which includes the Service Provider’s fees, charges and margins for executing the Currency Conversion. 21.4 Not all Cross-Currency transactions are supported. Some Currency Conversions may require an intermediate transaction to/from Australian dollars. 21.5 You acknowledge that Currency Conversions to Australian dollars applied to certain payments such as dividends may incur a spread, and other fees and charges, which will be payable to the Service Provider. RESTRICTION OR SUSPENSION OF ACCESS 22.1 Subject to any applicable law, we can immediately restrict or suspend your access to: The Stake Service; Your Account; and Any other services we may provide to you. 22.2 We will only exercise our right to restrict or suspend in clause 22.1 if: you fail to pay any amount that you are liable for under this Agreement when it falls due; you breach any term on which access to the Stake Service is provided to you including, but not limited to, any policies or codes of conduct that we reasonably require you to adhere to in using the services that are made available to you on the Stake Service or in accordance with this Agreement; we have reasonable grounds to believe that your continued access to your Account would result in us: reaching the Corporations Act 2001 (Cth), any Australian law, or the law of another country; or being an accessory to a breach of the Corporations Act 2001 (Cth), Australian law or the law of another country; we have any reasonable grounds to believe that your Account is, or may be, being used in connection with a breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or a similar law of another country; or you become bankrupt or insolvent. 22.3 If we exercise our right under Clause 22.1, we may tell you the reason for the restriction or suspension (and any conditions) as soon as is reasonably possible (unless prohibited for legal or regulatory reasons). We do not need to tell you before restricting or suspending your Account access. 22.4 If you use (or appear to use) our website in a way we think is inappropriate or unreasonable, we may suspend or restrict your access without notice. ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING 23.1 You acknowledge that we are required by law to verify your identity before we can provide you with the Services. It is an offence under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) to provide false or misleading information about your identity.You must provide all information to us which we reasonably require to adhere to Australian and foreign jurisdictional requirements in order to manage money-laundering or terrorism financing and economic and trade sanctions risk or to comply with any laws or regulations in Australia or any other country. When applying for a trading account you give us consent to provide this information to a verification service who will check your personal information against sources which may include databases of driver’s license and passport details. 23.2 You must provide all information to us which we reasonably require to adhere to Australian and foreign jurisdictional requirements in order to manage money-laundering or terrorism financing and economic and trade sanctions risk or to comply with any laws or regulations in Australia or any other country. 23.3 You agree that we may delay, block or refuse to process any Transaction and give immediate notice to suspend or terminate the Stake Service without incurring any liability if we suspect that a Transaction: may breach any laws or regulations in any country; involves any person that is sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by Australia or any other country, or may directly or indirectly involve the proceeds of, or be applied for the purposes of, unlawful conduct. 23.4 You declare and undertake that the processing of any of your Instructions will not breach any laws or regulations in any country. 23.5 When applying for an account and accepting our terms and conditions you give consent for Stakeshop Pty Ltd to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006. The credit reporting agency may prepare and provide Stakeshop Pty Ltd with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. If you disagree with having your identity verified by a credit reporting agency, please select another contact Stakeshop Pty Ltd so that we can discuss other options with you. CORPORATE ACTIONS 24.1 You will retain legal ownership of any Security. Accordingly, it is your obligation to fulfil any voting or other requirements which attach to these Financial Products (Corporate Actions). 24.2 If we become aware of any matter which may require you to take a Corporate Action, we may inform you of this, but are not obligated to. It is important that you ensure we have accurate personal details for you to allow us to do this. 24.3 By entering into this Agreement, you agree and acknowledge that decisions relating to the Corporate Actions you make are separate to the discretions which will be exercised by us under the Agreement. TAXATION 25.1 As the taxation implications when investing in Securities which are international are complex and different from investing in Securities which are Australian, you should seek advice from a taxation professional to evaluate whether an investment in international Securities is appropriate to your particular financial circumstances and to ascertain whether you are entitled to claim back any withholding taxes. 25.2 Securities may attract withholding taxes on income and cash dividends in some jurisdictions. All withholding tax is deducted in the applicable Currency of the jurisdiction in which the tax applies. 25.3 The Custodian will withhold tax at the rate applicable under the local laws. The rate may be different from treaty rates agreed to between Australia and the applicable foreign country. 25.4 We will inform you of how much tax was withheld. However, we reserve the right not to make or support any application to reclaim the withheld tax on the Securities. We recommend you consider how this may impact your particular financial circumstances. 25.5 You may be liable for tax on foreign sourced income and may be required to include this information in your Australian tax return. 25.6 We should not be liable for any tax implications and it is their responsibility to ensure that there details are up to date with the necessary regulatory body. We will assist with the filing of W8BEN and similar forms through our Service Providers, but cannot be responsible for any adverse implications. INTEREST We or our Service Providers will hold any funds we receive on your behalf in accordance with the Corporations Act 2001 (Cth). We or our Service Providers may retain any interest paid on such funds. INFORMATION 27.1 Information presented on our website has been obtained from sources believed to be true. Neither we nor our associates including all officers, directors, employees, agents, third parties, service providers, authorising Australian Financial Services licensee, suppliers or relevant Exchanges: make any warranty concerning the accuracy, or reliability, or completeness of the information, on or in relation to the Application . The accuracy, timeliness or completeness of information is not guaranteed by us or any third party; or accept any liability for any claim, loss or damage arising from the display or use of information on the Application . In particular, we and our associates are not liable for any omission, mistake, delay or interruption in providing the Information or the information being inaccurate, incomplete, or otherwise misleading, except to the extent resulting from or caused by our negligence, fraud or dishonesty. 27.2 Service Providers, including third party suppliers may assert proprietary interests in the information or Intellectual Property presented. 27.3 If we provide links to other applications or provide or make available (including by way of a referral) general research, information or recommendations provided by other persons, we are not liable to you if you rely on any research, information, advice or recommendation provided by such applications, persons or service providers. 27.4 The information supplied is for your personal and private use only. You must not: reproduce, broadcast, otherwise distribute or allow any unauthorised third party to access the information; use the information for any unauthorised or illegal purpose; or procure or assist another person to do an act prohibited by this clause. 27.5 If we suspect you are in breach of clause 27.4 we may immediately suspend your use of the Stake Service. INTELLECTUAL PROPERTY 28.1 You acknowledge that copyright and intellectual property rights relating to the information and derived information we provide (including information transmitted electronically), remain vested in us, its creator, or other Service Providers as applicable. 28.2 If improper or unlawful use of materials under copyright or other intellectual property rights comes to your notice, you must notify us immediately. PRIVACY 29.1 We respect the confidentiality of the personal information we collect about customers and potential customers. We abide by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and our Privacy Policy can be found on the Website. 29.2 Subject to this Agreement we will keep any of your information confidential unless you have given your consent or we are required or permitted by law or under the terms of our privacy policy to disclose that information. 29.3 You agree to keep your password and username required to access your Account and the Website confidential. We cannot be responsible for any loss due to unauthorised access where user has failed or shared information. NOTICE 30.1 Either party may provide notice to the other party by electronic communication such as email. 30.2 You may request that we provide notices to you by post. If you do so, the notice will be treated as having been received two business days after posting. If we have your email, we will use this as the default communication and reserve the right to use email exclusively. 30.3 You must ensure that: You provide us with a valid email address; The details you provide to us remain up to date; That you notify us of any change to your details. OUR LIABILITY 31.1 We do not exclude or limit the application of any statute including the Australian Securities and Investments Commission Act 2001 (Cth), the Competition and Consumer Act 2010 (Cth) and any similar State or Federal Legislation where to do so would contravene the statute or cause any part of this Agreement to be void. 31.2 We, our Directors, our Licensee, Service Providers, officers or agents, are not liable for any actions, claims, demands, proceedings, liabilities, losses, damages, costs and expenses except to the extent resulting from or caused by our negligence, fraud or dishonesty due to: us acting upon your instructions; refusal to act on your instructions; your default; any legal action; compliance with a direction, request or requirement; error, omission, non-receipt, or invalidity in your Instructions; problems involving the relevant Exchange, market participant, and or/failure of an Exchange, including any error, omission, interruption, deletion, defect, delay in operation or transmission, or any other factor; any events or circumstances that we cannot reasonably control; any Force Majeure; any delay, interruption, omission, failure, error or fault by us in passing on and executing your Instructions; market movements and other risks associated with the trading of Securities; suspected or actual manipulative trading, including insider trading, false or misleading trading, market rigging and market manipulation; or faults, errors, defects, failures in the Website, other computer systems, or loss of access to your Account. 31.3 Subject to the provisions of the Corporations Act 2001 (Cth), Australian Securities and Investments Commission Act 2001 (Cth), Competition and Consumer Protection Act 2001 (Cth) and any other rights implied by law which cannot be excluded by agreement we and our Licensee, Service Providers our officers, employees and agents: make no warranty for merchantability or fitness for purpose with respect to the Stake Service, including the Services provided by the Service Providers exclude liability for any losses arising directly or indirectly out of: a disruption to or failure of the service or error in processing a Transaction you have Instructed us to process in accordance with this Agreement. We will however correct any incorrect entry because of any disruption, failure or error and will adjust any Fees and Charges as appropriate. You agree to reimburse us any amount that has been erroneously paid to you as a result of such disruption, failure or error; any delay in providing any information or the Stake Service to you; effecting an Instruction received from you which is unclear; our decision to stop offering the Stake Service; our withdrawal of an Exchange and/or a Security and/ or Currency from the Stake Service; a change in any law or a rule of an Exchange, an order or directive received from a foreign Exchange, suspension of trading, unlawful access to Service by an unauthorised person, or any Force Majeure. YOUR LIABILITY 32.1 You will be liable for losses caused by unauthorised Transactions where we can prove that you contributed to losses on the balance of probability: through fraud or breach of the security requirements, or from unauthorised Transactions because you unreasonably delayed notifying us after realising that the security of your Account had been breached. 32.2 If you are liable for losses under clause 32.1 you will be liable for the actual losses that occur between the time you realised, or should reasonably have become aware, that your Account’s security had been breached and when you actually let us know. INDEMNITY 33.1 You indemnify us, our Licensee, Service Providers, our officers, employees, agents and our related bodies corporate for any losses arising directly or indirectly out of: your use of the Stake Service; our acting on your Instructions; your failure to comply with this Agreement; your failure to comply with any legislation or Rule, whether foreign or domestic; and any of your acts or omissions or that of a person acting on your behalf. You agree to indemnify us, our Licensee, Service Providers and each of our respective members and associates, and the directors, officers, agents of either us indemnified parties) against: any losses, liabilities or expenses incurred by you arising out of, or in connection with, any of the indemnified parties acting under, or in connection with, this Agreement except to the extent that any loss, liability, or expense is caused by the negligence, fraud or dishonesty of any indemnified party; any losses, liabilities or expenses incurred by any indemnified party arising out of, or in connection with, a breach by you of any of your obligations under this Agreement; any losses, liabilities or expenses incurred by any indemnified party arising out of, or in connection with, any incorrect or misleading representation or warranty given by you under this Agreement; and you agree that the risk and liability for unauthorised instructions or fraud lies with you alone, and that you will indemnify us from all loss, costs and expenses arising from such unauthorised instructions or fraud, except to the extent resulting from or caused by our negligence, fraud or dishonesty. We hold the benefit of this indemnity on trust for each indemnified party. 33.2 Your liability to indemnify us will be reduced proportionately to the extent a negligent or fraudulent act of ours contributed to the loss. 33.3 Each indemnity in this Agreement is a continuing obligation, which is separate and independent from your other obligations, and survives termination of this Agreement. 33.4 We do not need to incur expenses or make Transactions on your behalf before enforcing our right of indemnity under these terms and conditions. ASSIGNMENT 34.1 You may not assign, transfer or novate any of your rights or obligations under this Agreement without our written consent, which may be withheld absolutely. 34.2 We may assign, transfer or novate any or all of our rights or obligations under this Agreement by ten Business Days written notice to you. 34.3 In the event of an assignment, transfer or novation under Clause 32.2: You will have the same rights and obligations under this Agreement against the new party as you had against us prior to the assignment, transfer or novation; The new party has the same rights and obligations against you that we had prior to the assignment, transfer or novation; We, the Licensee and Service Providers are released from any obligations arising on or after the date of the assignment, transfer or novation. TERMINATION 35.1 This Agreement remains in force until it is terminated or we are no longer authorised to provide the Stake service. 35.2 Either party may terminate this Agreement: by sending a written notice to the other party terminating the Agreement. Termination will take effect thirty Business Days after the notice is received. immediately by written notice in the event of insolvency, bankruptcy, winding up, death or incapacity of the other party. 35.3 We may terminate the Agreement if: You fail to pay any amount you are liable to pay under this Agreement; You breach any term of this Agreement, or any code of conduct or policy we reasonably require you to adhere to and which we make available to you; We reasonably believe that allowing you continued access to the Stake Service would result in us: breaching the Corporations Act 2001 (Cth), the Rules, any Australian law, or the law of another country; being accessory to a breach of the kind identified in Clause 33.3.(c)(i). We reasonably believe that your Account is being used in connection with a breach of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). SEVERANCE If any provision of this Agreement is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. DISPUTE RESOLUTION 37.1 All parties must use all their reasonable endeavours to resolve any dispute arising in connection with this Agreement or any transactions there under 37.2 If we cannot resolve a dispute to your satisfaction, depending on its nature, you can refer your complaint to: our Licensee; the Financial Ombudsman Service Limited (FOS) on 1300 780 808. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties agree to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Stake Financial Services Guide Stakeshop Pty Ltd ACN 610 105 505 Authorised Representative No. 1241398 Preparation date: 5 June 2018 Version 10 Stakeshop Pty Ltd (Stake, us, our) is an Authorised Representative (Authorised Representative No. 1241398) of Sanlam Private Wealth Pty Ltd (Sanlam, our licensee, the licensee) which holds Australian Financial Services Licence number 337927. This Financial Services Guide (FSG) is dated 5 June 2018 and is provided to you by Stake to inform you of the financial services provided by us and to comply with our obligations as an Authorised Representative of Sanlam. Sanlam is located at 15/37 York St Sydney NSW 2000. HEADQUARTERS 1 Moncur St, Sydney, NSW 2025, Australia CONTACT Website - https://stake.com.au Email - hello@stake.com.au What is a Financial Services Guide? This FSG is an important document to help you understand and decide if you wish to use the financial services we are able to offer you. It provides you with information about us, and the services we provide. Its purpose is to help you decide whether to use any financial service we offer and includes: Who we are; How to contact us; Who our authorising Australian Financial Services Licensee is; What financial services we are authorised to provide to you; The costs of any services we may provide to you; How we, our staff and any other relevant parties are paid and any remuneration that may be received by these parties; Any relationships we have with any other organisations affiliated with us or with product issuers, which might influence us in providing financial services to you; how complaints are addressed; and Our compensation arrangements. What other disclosure documents and statements will I receive? You will not be provided with any personal financial product advice as part of the Stake process. Any advice we provide to you is general advice only, and does not take into account your specific needs or objectives. All of our commentary, statements of opinion and recommendations in relation to financial products have been prepared without taking into account your personal objectives, financial situations or needs. It is up to you to decide whether or not you want to use our services, and if you need assistance or advice in this regard, you should consult a suitably qualified financial adviser. You will not receive a Statement of Advice from Stake. Generally, where we arrange for the issue of a financial product to you, you will receive a Product Disclosure Statement (PDS) or other relevant disclosure documents that include information about the product so that you can make an informed decision whether to acquire the product. The PDS will include any relevant terms, significant risks and costs associated with the supply of that financial product. Who are we and what services do we provide? Stake provides Australian tax residents over the age of 18 (Stake Eligible Customers), acting on their own behalf or as trustee or agent for another, with the ability to purchase selected securities listed on United States stock exchanges, including fractional interests in those securities. We, and our licensee, act on your behalf when providing financial services to you. Neither we nor our licensee is a participant of a stock exchange. On Stake, you are able to invest in US listed securities by way of funding your own Stake account or purchasing a Stake Gift for another person. When you sign up with Stake, if you are a Stake Eligible Customer, you agree to commence the application process for a: Macquarie Bank Cash Management Account (CMA); and DriveWealth, LLC US brokerage account. The Macquarie CMA is registered in the customer’s name and enables the customer to transfer funds in a safe and cost effective way from Australia to US. All funds are transferred internationally via OFX (OzForex Ltd). Once the customer has cleared funds in the US, an order can be placed. We have entered into a Fully Disclosed Clearing Agreement with DriveWealth, LLC (DriveWealth). DriveWealth provides execution and clearing services to the customer. Your identity will be disclosed to DriveWealth, so that DriveWealth can enter into a broking agreement with you. All orders (both for whole shares and fractional shares) are executed at the National Best Bid or Offer as of the time of your order. A Stake Gift: is a stored value gift that is redeemable for shares exclusively on the Stake website (stake.com.au); entitles the recipient to the value of shares in the security named on the Gift; is not a share in a company, an interest in any security or other financial product. It is not a recommendation to invest or any financial advice. Any person can purchase a Stake Gift. Stake Gifts can be only redeemed by Stake Eligible Customers. When you buy a Gift, a redemption code will be issued, which must be entered by the recipient as part of the redemption process. To redeem the Gift: if the recipient already has a Stake account, the recipient is required to log in to their Stake account and enter the redemption code; or If the recipient does not already have a Stake account, the recipient is required to insert the redemption code on the Stake website and open an account with Stake (provided they are a Stake Eligible Customer), subject to our Terms and Conditions. Once the recipient’s Stake account has been opened and the funds used to purchase the Gift have arrived as cleared funds in the US, Stake will instruct DriveWealth to place an order (for the value of the identified securities on the Gift) on behalf of the recipient. The number of shares purchased on behalf of the recipient is subject to the value of the Gift and the market price of the security at the time the order is filled. The price at which the order is filled is based on the prevailing market price of the security at the time that order is executed. Stake bears no responsibility as to the ultimate execution price of the securities. Once the order has been filled and the shares purchased, the value of the shares is subject to regular market forces. It should be noted that if you open an account with us, some of the information you provide will be used so that we, and our partners, can identify who you are as required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act 2006). The Financial Services we are authorised to provide We are authorised by Sanlam to provide the following financial services to retail and wholesale clients: General financial product advice in deposit and payment products, managed investment schemes and securities; and Deal in a financial product on behalf of another person in respect of deposit and payment products, managed investment schemes and securities. Sanlam is an investment and financial services house with extensive experience in servicing the needs of both private investors and corporate clients. Sanlam has an extensive suite of products to service the needs of private clients and institutional investors. In providing our service, other financial issues may arise, such as how to invest money, the most appropriate investments for you, and taxation issues. As we are not authorised to provide advice relating to those financial issues, or any other financial services except those explained above. You should seek specific advice from the appropriate professionals if these issues are relevant to you. Privacy The privacy of your information is very important to us. We have practices which include the secure storage of personal information and safeguards against the accidental release of personal information. You can obtain a copy of our Privacy Policy at https://stake.com.au/privacy-policy, or by emailing us. If you are not satisfied with our response to your complaint with regards to our Privacy Policy, you can telephone the Commonwealth Privacy Commissioner's hotline on 1300 363 992. How to contact us or instruct us You can get in touch with us through the contact details at the top of this FSG. If you wish to execute a transaction, or buy a gift, you can do so through our website. When you do this, you will be subject to our Terms and Conditions, which are available on our website. How are we paid? There are a number of costs, fees and commissions that you may be required to pay us, in order to use our services which will updated in this FSG from time to time. As at the date of this FSG, these fees are as set out in the table below: Fee Type Trading Gifting Comments Brokerage $0 Applies on trading only to executed buy and sell orders. Gifting fee n/a US$5.99 per stock/ETF Gross FX Margin 0.7%, being 0.0070 FX points, from the spot rate. (min FX fee US$3) 0.7%, being 0.0070 FX points, from the spot rate. (min FX fee US$3) FX margin calculated on: Total funds transferred (Trading); and Face value amount plus gifting fee (Gifting). Gross Card Fee (debit / credit) 2.0% 2.0% (minimum $1) Card fee is charged on the funding amount / the gift amount plus the gifting fee Gross Transfer Fee AUD $5.00 n/a Only applies on transfers from AUD to USD under AUD $2,500 Faster funding $7.50 AUD (max) per $1,000 AUD transferred n/a Faster funding provides cleared funds to trade in USD wallet during next US trading day Portfolio Transfers $0 (no charge) Applies on Broker to Broker transfers of US securities. USD to USD Transfers $0 (no charge) Only applies on USD to USD cash transfers into your Stake trading account. How do Stake’s people and related third parties get paid? Our directors and employees who provide the financial services described in this FSG are remunerated by way of salary and other employee benefits. They may also be eligible for a discretionary bonus. Employees may also be rewarded by monetary and non-monetary benefits. It is not possible to determine in advance what (if any) additional benefits any employee will receive as these benefits are not generally attributed to any particular product or service they provide. If you have been referred to us by another party, that other party, may receive an introductory fee and/or an ongoing commission on every transaction. This fee will only be paid to the referring party if authorised by you. You may request further details of the fees and benefits (including any commissions) that may be payable at any time by contacting us. Details of Associations or Relationships Stake has a relationship with Macquarie Bank, DriveWealth and OFX, all of whom provide services directly to you in order for you to access our services. These relationships in no way influence the provision of financial services by Stake to you. Complaints and Disputes If you are not satisfied with any aspect of the service that has been provided by us, you are entitled to complain. We have established procedures to ensure that all enquiries and complaints are dealt with. Please contact our Complaints Manager on: Email address: hello@stake.com.au Postal address: 1 Moncur ST, Sydney, NSW 2025 In the event that we are unable to resolve any issue or complaint you can contact Sanlam who has a formalised client complaint resolution procedure in place to resolve any complaints or concerns you may have about the service provided to you. These should be directed to the Compliance Manager (Ms Amanda Roberts) who can be contacted on (03) 8640 5508 or by email compliance@privatewealth.sanlam.com.au. All complaints are reviewed and investigated by our Compliance Manager. If you make a complaint, our first response will be to contact you to discuss the complaint and to register a formal record of such complaint. If, despite our best efforts, you believe your complaint has not been satisfactorily dealt with, we offer the use of an independent arbiter, namely the Financial Ombudsman Service (FOS), of which Sanlam is a member (member number 14570). Sanlam has agreed not to contest a final resolution from FOS. You can contact the FOS on 1800 367 287 (if in Australia) or +613 9613 7366 (if outside Australia) or in writing at GPO Box 3, Melbourne, Victoria 3001, Australia. You can also contact the FOS through their website: www.fos.org.au, by email: info@fos.org.au, or by facsimile (03) 9613 6399. Compensation Arrangements Sanlam, as the authorising licensee for Stake, holds Professional Indemnity Insurance cover for the activities conducted under its AFS Licence and continues to maintain Professional Indemnity Insurance that generally satisfies the requirements of s912B of the Corporations Act 2001 and Regulatory Guide RG126. Please retain this FSG for your reference and any future dealings with us. Product Information Statement Macquarie Cash Management Account Contents Features at a glance 01 Key features 02 How do I start? 04 Adding to your Account 06 How do I withdraw? 08 How do I access information on my Account? 10 The Macquarie Cash Management Account (Account) is a deposit account provided by Macquarie Bank Limited (Macquarie). As a licensed Australian bank, Macquarie is subject to regulation by the Australian Prudential Regulation Authority. Macquarie also holds Australian Financial Services Licence No. 237502 and is subject to regulation by the Australian Securities and Investments Commission. IMPORTANT INFORMATION This Product Information Statement describes the features of the Macquarie Cash Management Account, and together with the separate Further Information Guide and the Macquarie Cash Management Account fees, limits and lodgement times available online, contains the terms and conditions which apply to its operation. Please read these three documents carefully before deciding whether to open an Account. The information in this Product Information Statement is current as at 13 November 2017 and is subject to change. You can find updated information on our website at macquarie.com.au/personal or by contacting us on 1800 806 310. A copy of any updated information is available free on request. Terms In this Product Information Statement: We, our, us, Macquarie means Macquarie Bank Limited. You, your means you the Account holder(s). Where the context permits it also includes any person carrying out any account transaction on your behalf, for example a person you have given third party access to. Account means your Macquarie Cash Management Account. Financial Services Professional means an adviser, accountant, administrator, stockbroker, risk specialist, mortgage broker, intermediary or any person that acts on behalf of a Company. Business Day means any day on which banks are able to settle through the Reserve Bank of Australia. This does not include Saturday, Sunday and any national Australian and NSW- based holidays. 1 Features at a glance Minimum additional cheque deposits/withdrawals $500 Interest Calculated daily, paid monthly Government Guarantee The Account is a retail deposit with Macquarie and is therefore eligible for coverage under the Australian Government’s Financial Claims Scheme (Government Guarantee). For current details on the Government Guarantee including applicable caps, please refer to the Further Information Guide . Deposits • Funds transfers • Direct debits 1 • B PAY ® (Biller code 667022) • Cheque (minimum $500) – you can deposit cheques at Macquarie offices or any branch of the National Australia Bank (NAB) by using your personalised Account deposit book Refer to Adding to your Account on page 6 for further details. Withdrawals • Funds transfers • B PAY ® • Direct debits • Personalised cheque book • Bank cheques 2 • Tax payments • Overseas transfers and bank drafts Refer to How do I withdraw? on page 8 for further details. How do I access my Account? Manage your cash 24 hours a day, seven days a week 3 via Electronic Banking (including Online Banking, Mobile Banking or Telephone Banking). With just a couple of clicks you can set up online banking at macquarie.com.au or by downloading the Macquarie Mobile Banking app (IOS or Android). Refer to How do I withdraw? on page 8 for further details. Greater visibility to help you act quickly on investment opportunities as they arise • Your Financial Services Professional can view your Account online and help you act quickly on investment opportunities as they arise • Give your accountant viewing access to your Account so they can download your current and historical transaction reports themselves The perfect companion for your self managed super fund (SMSF) • All fund transactions appear on one consolidated statement, simplifying super fund accounting, tax returns, end of year auditing and long-term record keeping • Download current and historical statements online, up to 10 years, worth of historical statements are available online • Access personalised audit report online 1 Establish a direct debit into your Account via the Direct Debit Request form available online. 2 You can request a cheque to be drawn on your behalf via the Withdrawal form or request a new personalised cheque book via the Cheque and Deposit Book Request form available online. 3 While your instructions can be given at any time, transactions will not be effected outside of banking hours. ® Registered to B PAY Pty Ltd ABN 69 079 137 518. 2 Key features Online flexibility and control Our online Electronic Banking service helps you stay in control of your cashflow 24 hours a day, seven days a week. • View your available balance and statements online, including your annual tax summary. • Transfer funds easily to any Australian account. 4 • Setup recurring payments. • Pay your bills using B PAY ® . • Transfer money overseas. 5 • Make tax payments directly to the Australian Taxation Office (ATO). • Download an audit report. • Update your Account details. 6 • Access the current interest rate, product information and administration forms. The centre of your investment portfolio The one account allows you to move funds in and out within an environment of complete visibility and control. The Account offers an efficient way to facilitate your investments. With an extensive range of features and services, the Account may be the ideal cash account for consolidating your cash and establishing an efficient cashflow management system. 4 Please refer to our Macquarie Cash Management Account fees, limits, and lodgement times for current limits on transfers. 5 If registered for the International Money Transfer (IMT) service using OzForex. The IMT service is provided by OzForex Pty Ltd ABN 65 092 375 703. 6 You can update your address and contact numbers online. ® Registered to B PAY Pty Ltd ABN 69 079 137 518. INCOME/DISTRIBUTIONS REGULAR CONTRIBUTIONS SETTLEMENT ACCOUNT RECEIVE DIVIDENDS INVEST CASH RECEIVE INTEREST INTEREST PAYMENTS Managed funds and other investments Investment loans Te r m deposits Property Transaction accounts Self managed super fund Cash Management Account Direct shares INCOME/DISTRIBUTIONS REGULAR CONTRIBUTIONS TAX PAYMENTS PURCHASE PROPERTY PAY YOUR HOME LOAN RECEIVE RENTAL INCOME EVERYDAY LIVING TRANSFER FUNDS TO OTHER ACCOUNTS 3 Key features Efficient cashflow management strategies By consolidating your cash into one central cashflow management system you may reduce account fees incurred elsewhere. As well as this, you and your Financial Services Professional can have a comprehensive view of your cash position, making it simpler for you to take up investment opportunities as they arise. The Account provides services and reporting tools to make it simple for you to monitor and manage your cashflow. The perfect companion for your SMSF The Account is an ideal cashflow management system for your SMSF, providing the flexibility and control to help you manage your fund’s transactions. The Account offers easy access to information relating to the Account so that you can keep track of all payments to and from the Account. Detailed online reporting and the ability to download current and historical statements also simplifies the extensive administration responsibilities that come with having an SMSF. Dividend reinvestment You can arrange for dividends from shares, warrants, interest payments or distributions from other investments and accounts to be credited directly into your Account. To arrange for your dividends/interest to be invested into your Account, simply complete the Change of Details Dividend and Interest Direct Credit Payments form available online and send it to the institution or registry with whom the investment is held. For the current interest rate, please visit macquarie.com.au/personal 5 How do I start? Authorising a third party to access your Account Third Party Authority You can appoint another person or company to have access to and operate your Account by completing the Third Party Authority form available online. On that form, you may nominate the type of access rights the third party will have to your Account. This may include: • Account enquiry – enables a third party to enquire on your Account • Fee authority – enables you to authorise a third party such as your Financial Services Professional, should you have one, to withdraw their fees from your Account • Government/Tax payment authority – enables you to authorise a third party to make payments on your behalf to certain government departments, for example the ATO • General withdrawal – enables a third party to make withdrawals from your Account for any purpose – investment or otherwise, and • Authorised signatory – enables a third party to have general withdrawal authority access. In addition, it enables them to close your Account or make changes to your Account such as changing your contact details. This excludes changes to signing instructions on your Account and the appointment of other authorised signatories. Adviser Initiated Payments This is an Electronic Banking service provided by us that enables your Financial Services Professional to initiate and complete payments from your Account when required, with your consent, via the use of a secure code we send to you which must be provided to them verbally. Refer to the Further Information Guide for more details. What interest do I receive? For the current interest rate(s) applicable to you, please visit macquarie.com.au/personal. Your interest is calculated daily and paid monthly. Refer to the Further Information Guide for more details. Taxation 7 Tax File Number (TFN), Australian Business Number (ABN), or exemption reason Our collection of your TFN is authorised, and its use and disclosure is strictly regulated, by tax laws and the Privacy Act . You may quote your entity’s ABN as an alternative to its TFN if you are opening the Account for purposes related to that entity’s business. An Australian Company Number (ACN) cannot be quoted in lieu of a TFN/ABN. If only an ACN is provided tax may be withheld at the top marginal rate (plus Medicare Levy). You do not have to provide us with your TFN, and declining to do so is not an offence. If you do not quote your TFN (including all TFNs for joint accounts), ABN, or claim an exemption, tax may be withheld from the interest paid to you at the highest marginal tax rate (plus Medicare Levy). For more information about the use of tax file numbers, please contact the ATO. Non-residents If you are a non-resident of Australia for taxation purposes, you must provide us with your overseas residential address. Tax may be withheld on the interest you earn on your Account if you are a non-resident of Australia. Changes to laws Changes to laws or their interpretations could have an impact on the interest paid to Account holders. Incomplete applications In cases where your application is incomplete or you have not provided all necessary information in order for us to fulfil our due diligence obligations under applicable anti- money laundering laws, taxation laws, rules and subordinate instruments and/or Macquarie internal policies and procedures, we will be unable to complete the application and will open your Account only when we receive all required information. We will return your deposit to you along with all interest earned on it while it is held by us, within 30 days of receiving it, should we be unable to open your Account within that time (including for any of the above reasons). 7 Macquarie Bank Limited does not give, nor purport to give, any taxation advice. The application of taxation laws depends on a client’s individual circumstances. Accordingly, you should seek independent professional advice on taxation implications before making any decisions about a financial product or class of products. 6 Adding to your Account ® Registered to B PAY Pty Ltd ABN 69 079 137 518. There are a number of convenient ways to add to your Account. Direct debits Use this facility to easily set up automatic regular deposits into your Account from external accounts in the same name. The minimum direct debit amount is $250 per transaction which can be set up for a specific period or continued indefinitely and you have a choice of frequency – once-off, weekly, monthly, quarterly, half-yearly or yearly. To establish a direct debit for deposits into your Account from an account with another financial institution simply complete the Direct Debit Request form available online. You may be required to provide an account statement (that is less than six months old) for the account you are debiting. Depositing your salary, dividends and other income Have your salary, dividends and other income such as pensions, unit trust distributions and interest paid directly into your Account. There is no minimum amount for these electronic deposits, after you have opened your Account. • Salary – complete an Income Redirection form and arrange for this to be processed through your employer’s payroll department. • Dividends and interest – complete a Change of Details Dividend and Interest Direct Credit Payments form. You cannot deposit cash (notes and coins) or third party cheques into your Account. Joint Accounts If you open an Account with more than one person, you are all liable jointly and severely for transactions, fees and costs on the Account. As a result, all joint Account holders must authorise the application form to set up the Account operating instructions. For example, ‘any one of us to sign’ or ‘all of us to sign’. Please note: if you choose ‘all of us to sign’, some online withdrawal methods may not be available as they can only be operated by one or two persons. Should you wish to alter the Account operating instructions in the future, you will need to notify us in writing, in accordance with the signing instructions of your Account. We may accept a cheque into a joint account which is payable to any one or more of the joint Account holders. If there is a dispute about the authority to operate the Account, we reserve the right to permit operation on the Account only when all joint Account holders have authorised the instruction. When an Account is held in joint names and one Account holder dies, the credit balance in the Account will be treated as owing to the surviving Account holders. B pay ® To send funds to your Account via B PAY ® , contact the financial institution holding the funds, which must be a B PAY ® payer. Using their phone or online banking services, enter the following numbers: • Biller code – 667022 • Reference number – your Account number Please note: B PAY ® deposits take up to three Business Days to clear. Paying into your Account You can transfer funds into your Account from most other financial institutions by requesting them to transfer funds on your behalf and giving them your Account details (BSB and account number). Our BSB is as follows: Branch (BSB) number: 182-512 These forms are available online. 9 How do I withdraw? Lodgement and cut off times Macquarie has lodgement and cut off times which refer to the latest time that a valid transaction request can be submitted, modified or cancelled to allow for same day processing. Any requests that are unclear, incomplete or require additional information may be unable to be processed the same day. Refer to the Further Information Guide and the Macquarie Cash Management Account fees, limits and lodgement times for more details. Using your cheque book You can order a cheque book by requesting one online, fees and charges may apply. Please refer to the Macquarie Cash Management Account fees, limits and lodgement times for details. Cheques typically take three Business Days to clear and become available funds. If you require the funds to be cleared prior to the standard three Business Days you may do so by requesting a special clearance on the day of deposit. Refer to the Further Information Guide and the Macquarie Cash Management Account fees, limits and lodgement times for details. If a cheque is crossed (ie it has two parallel lines across it) then it must be paid into a bank account. If the words ‘not negotiable’ are added between the parallel lines then a person who obtains the cheque has no better rights to the cheque than the person giving it. If you write ‘account payee only’ on a crossed cheque then the cheque should only be paid to the person named as payee on the cheque. Your cheques will be pre-printed with the words ‘or bearer’ at the end of the line on which you write the payee. If a cheque has not been crossed and you cross out the words ‘or bearer’, the cheque can only be paid to the payee or as they direct. If you want to stop payment of a cheque then you may request this in writing or by calling us immediately. Refer to the Macquarie Cash Management Account fees, limits and lodgement times for applicable fees. When you fill out a cheque you need to do so carefully so it can’t be subsequently altered easily by someone else. Bank cheques To organise a bank cheque from your Account payable to another party you will need to complete the appropriate form, which is available online. Refer to the Macquarie Cash Management Account fees, limits and lodgement times for applicable fees. Overseas transfers and overseas bank drafts The online International Money Transfer (IMT) service allows you to initiate international transfers to and from your Account in foreign currency. Register for this service online at internationalmoneytransfers.com.au The IMT service is provided by OzForex Pty Ltd ABN 65 092 375 703. Account closure You can ask us to close your Account at any time by contacting us. We may in our discretion require both Account holders to provide instructions to close a joint account. Before we agree to close your Account, you must pay any amount which may be owing to us. If we close your Account, we will pay you the credit balance of your Account along with any accrued interest after all transactions and fees and charges have been debited to your Account. If your Account is closed, you will be liable for any transactions that were not processed, or that occur, on your Account on or after the Account is closed, as well as any unpaid fees or other costs associated with your Account. If your Account is closed, make sure you notify anyone who either directly debits or credits your Account. Fees and charges Macquarie has fees and charges that apply for certain services. These fees are payable when you request such services and are debited from your Account. Refer to the Macquarie Cash Management Account fees, limits and lodgement times for more details. Increases or changes to fees and charges We reserve the right to increase fees and charges and to introduce new fees and charges. Refer to the Further Information Guide for more details. 10 How do I access information on my Account? How can I manage my Account? You can access information relating to your Account, including your Account balance, online 24-hours a day using Electronic Banking. You can also access up to 10 years’ of historical statements online. Further information The following information, which also forms part of this Product Information Statement, may be found online in the Further Information Guide . We advise that you read this guide and we will supply a copy of it to you at no charge on request. It includes information dealing with: • privacy – a statement of how we will handle personal information we collect about you, and your rights in relation to this information • Government Guarantee – provides current details on the Australian Government’s Financial Claims Scheme (Government Guarantee) • terms and conditions – the detailed terms governing the ways you access your funds from your Account, such as by giving electronic instructions, how you may authorise someone else to operate your Account, the operation of our online service (including how and when payments are made), the terms of direct debits and what you and Macquarie may be required to do to comply with Anti-Money Laundering . The Further Information Guide also sets out the terms that apply to your use of Online Banking, Mobile Banking and Telephone Banking, including B PAY ® , funds transfer and recurring payments. We advise that you read this document and we will supply a copy of it to you at no charge on request. Complaints We have procedures in place to properly consider and deal with any complaints within 45 days of receipt. Macquarie is a member of the Financial Ombudsman Service (FOS), an independent external complaints resolution scheme. If you are not satisfied with the response from us, you can contact FOS quoting our membership number 10019. FOS can be contacted at: Mail: Financial Ombudsman Service GPO Box 3 Melbourne VIC 3001 Phone: 1300 780 808 Email: info@fos.org.au Online: fos.org.au Telephone recording policy You should be aware that we may record all of our phone conversations with you and your Financial Services Professional relating to your Account. By applying for an Account, you consent to this recording and its use (or any transcript of the recording) in any proceedings that may be commenced in connection with your Account and you acknowledge that we are not obliged to maintain copies of such recordings or transcripts for your benefit. When calling, please let us know if you do not want your conversation to be recorded. Statements You can view and print your statements online. Statements are made available on a half-yearly basis, or more frequently if requested. You can also choose to receive printed statements, fees and charges apply. Please refer to the Macquarie Cash Management Account fees, limits and lodgement times for details. 11 How do I access information on my Account? BFS0004 11/17 For more information about the Macquarie Cash Management Account, Clients contact your Financial Services Professional, visit macquarie.com.au/personal, email transact@macquarie.com or call 1800 806 310. Financial Services Professionals visit macquarie.com.au/advisers, email adviser@macquarie.com or call 1800 808 508. For overseas queries email transact@macquarie.com, or call us on +61 7 3233 8136 Further Information Guide Macquarie Cash Management Account – 13 November 2017 The following information is incorporated by reference in the current Macquarie Cash Management Account (Account) Product Information Statement and must be read in conjunction with the Product Information Statement and the Macquarie Cash Management Account fees, limits and lodgement times . How do I apply? Information about how you can apply is available online. Please note that for some applicants we require additional documentation. Important information about your application Who can open an Account? • Individuals over 18 years old • Companies • Incorporated or unincorporated bodies (eg strata bodies corporate, trade unions and sporting associations) • Trustees for other entities • Government bodies, and • Registered co-operatives. For applications with five or more applicants, please attach a separate completed application form with additional applicants’ details. If you are opening an Account on behalf of a minor (ie acting as trustee) you should quote a Tax File Number or exemption reason to prevent tax being withheld from any interest payments. If you are opening an Account on behalf of a minor or another entity, we require you to provide supporting documentation. Residential, email and postal addresses Please note we are required to collect a residential address for the Account holder(s). Your Welcome notice and personal Login Details including passwords and PINs for online services will be sent to your email address in separate emails. Your postal address will be used to send cheque books and printed statements, if requested. Regardless of whether you specifically request printed statements or not, electronic statements will be available online and free of charge. This address can be care of a third party such as your Financial Services Professional. Attorneys If you are signing under power of attorney, please provide identification (eg driver’s licence) with an attached original certified copy of the power of attorney and specimen signature(s) of the attorney(s) if not displayed on the document. Foreign tax residency information – CRS and FATCA Under the Common Reporting Standard (CRS) and Foreign Account Tax Compliance Act (FATCA), we are required to collect certain information from you to identify if you are a tax resident of a country other than Australia. If you are a foreign tax resident, we will provide this information to the Australian Tax Office, who may pass this information on to tax authorities in other countries. Our collection and sharing of this information is done in accordance with our Privacy Policy. Privacy Your privacy is important to us. This statement explains how we will use and disclose your personal information and provides information about your privacy rights. We may collect, hold, use and disclose personal information about you to process your application, administer and manage the products and services sought by and provided to you, monitor, audit and evaluate those products and services, model and test data, communicate with and market to you, and deal with any complaints or enquiries. We collect and record personal information through our interactions with you and your nominated Financial Services Professional(s), including by telephone, email or online. We may also collect personal information from public sources and third parties including information brokers and our service providers. Without this information, we may not be able to process your application or provide you with an appropriate level of service. We are required or authorised to collect your personal information under various laws including the Anti-Money Laundering and Counter-Terrorism Financing Act, Taxation Administration Act, Income Tax Assessment Act, Corporations Act and the Foreign Account Tax Compliance Act (US), the Common Reporting Standards and any similar law of any country, and any related laws designed to implement those laws in Australia. Where you provide us with personal information about someone else you must first ensure that you have obtained their consent to provide their personal information to us based on this Privacy Statement. We may exchange your personal information with other companies in the Macquarie Group as well as our service providers which are described further in our Privacy Policy. We will supply the Financial Services Professional(s) nominated on your application form or in a subsequent written communication to us, and their Australian financial services licensee if applicable, with information about your Account. We may also disclose personal information to regulatory authorities (eg tax authorities in Australia and overseas) in connection with their lawful information requests or to meet our legal obligations in any relevant jurisdiction. The third parties with whom we exchange personal information may operate outside of Australia (this includes locations in the Philippines, India and the countries specified in our Privacy Policy). Where this occurs, we take steps to protect your information against misuse or loss. We and other companies in the Macquarie Group may use your personal information to contact you on an ongoing basis by telephone, electronic messages (like email), online and other means to offer you products or services that may be of interest to you, including offers of banking, financial, advisory, investment, insurance and funds management services, unless you change your marketing preferences by telephoning us as set out below or visiting macquarie.com.au/optout-bfs . Under the Privacy Act, you may request access to your personal information that we hold. You can contact us to make such a request or for any other reason relating to the privacy of your personal information by emailing privacy@macquarie.com . Please mark communications to the attention of our Privacy Officer. You may also request a copy of our Privacy Policy which contains further details about our handling of personal information, including how you may access or update your personal information and how we deal with your concerns. The Privacy Policy can also be found via macquarie.com.au Government Guarantee on deposits The Account is a deposit account with Macquarie Bank Limited (ABN 46 008 583 542) (Macquarie Bank) and is eligible for coverage under the Financial Claims Scheme (FCS) (commonly referred to as the Australian Government deposit guarantee). The FCS has been established by the Australian Government to provide depositors with locally incorporated Authorised Deposit-taking Institutions (ADIs) (such as Macquarie Bank) a guarantee on deposits. The FCS covers aggregate retail cash deposit accounts of up to $A250,000 held by one account holder with Macquarie Bank. This means that the $A250,000 limit applies to the aggregate of any cash amounts held in your Account plus any other eligible deposit account you hold with Macquarie Bank. The amount covered by the FCS is subject to ongoing review by the Government and financial regulators, and as such may be subject to change. You should make your own assessment as to whether the FCS applies to your Account at any time. If the FCS is available to you, it will apply in respect of the amount deposited in your Account to an amount no greater than any positive funds balance you have in your Account. You should note that how the FCS applies to your Account depends on certain matters beyond Macquarie’s control, such as regulatory determinations by the Australian Prudential Regulation Authority (APRA). The nature of the FCS may also change over time. We now set out a brief summary of the operation of the FCS and refer you to an associated website to assist you in making this assessment. If APRA applies for Macquarie Bank to be wound up and you hold less than $A250,000 with Macquarie Bank in accounts to which the FCS applies, in respect of your Account, we expect an amount equal to no more than the sum of any positive funds balance and any blocked funds you have in your Account (plus any accrued interest on your positive funds balance) to be covered by the guarantee in relation to your Account. The FCS is provided for in the Banking Act 1959 (Cth) . In addition to APRA’s application, the Australian Federal Treasurer would also need to make a declaration that the FCS applies to Macquarie Bank. How will this affect my Account? A permanent guarantee cap of up to $A250,000 per Account holder per ADI applies. The guarantee only applies to deposits denominated in Australian dollars. In the case of joint Accounts, each Account holder’s share of the joint Account will be added to other deposits held in their name and the FCS cap will be applied to the aggregated amount for each Account holder. Each Account holder is entitled to an individual guarantee up to the FCS cap of $A250,000. The FCS applies to an eligible ADI if APRA has applied for the winding up of the ADI and the responsible Australian Government minister has declared that the FCS applies to that ADI. Where can I go to for further information? Further information about the FCS can be obtained from the APRA website at www.fcs.gov.au and by phone on 1300 558 849 (or +61 2 8037 9015 if calling from overseas). Terms and conditions These terms and conditions apply to the operation and features of the Account, subject to the relevant provisions of the Code of Banking Practice adopted by Macquarie Bank Limited. 1 The Product Information Statement provides further general information about the Account. 1. Definitions Capitalised terms have the following meanings: 1.1 Account means a Macquarie Cash Management Account. 1.2 ADI means any bank, building society, credit union or other authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cth) . 1.3 Adviser Initiated Payments is an Electronic Banking service provided by us that enables an Authorised User to initiate and complete a Payment from your Account on your behalf, with your consent, via the use of a Secure Code, which must be provided verbally to your Authorised User. 1.4 Authorised User means a person authorised by you to access and/or transact on your Account(s) via Electronic Banking in accordance with clause 6. 1.5 Biller means an organisation which tells you that you can make payments to them through the B pay ® Scheme. 1.6 B pay ® Scheme means a service which allows payments to be made electronically to Billers. 1.7 Business Day means any day on which banks are able to settle through the Reserve Bank of Australia. This does not include Saturday, Sunday and any national Australian public holidays. For the purposes of transactions that are made through B pay ® , Business Day means a day on which banks in Sydney or Melbourne are able to effect settlement through the Reserve Bank of Australia. 1.8 Communications in writing means communications which can be delivered through the postal system, email, SMS or in person. 1.9 Destination Account means the bank account with the BSB and account number into which the Payment, the subject of the Adviser Initiated Payment, is to be transferred. 1.10 Electronic Banking means all or any of Online Banking, Mobile Banking and Telephone Banking as relevant. 1.11 Financial Services Professional means an adviser, accountant, administrator, stockbroker, risk specialist, mortgage broker, intermediary or any person that acts on behalf of a Company. 1.12 Lodgement time means the time by which payments and deposits need to be made on a Business Day. 1.13 Login Details means the user information necessary to access your Account or information about your Account electronically. Login Details include, without limitation your Macquarie ID and any Secret Codes required to access Electronic Banking services. 1 The version of the Code of Banking Practice adopted by Macquarie Bank Limited is publicly available at www.bankers.asn.au ® Registered to B pay Pty Ltd ABN 69 079 137 518. 1.14 Macquarie ID is a unique code allocated to you or an Authorised User by us which identifies you or the Authorised User and when used in conjunction with a Secret Code provides access to Electronic Banking. 1.15 Macquarie Group refers to Macquarie Bank Limited and its related entities. 1.16 Materials means any proprietary and confidential information including messages, files, data, software, images, photographs, illustrations and text contained on Online Banking and Mobile Banking. 1.17 Mistaken Internet Payment means a Pay Anyone Payment where the funds are paid into the account of an unintended recipient because a BSB, account number and/or other identifier that does not belong to the intended recipient was entered as a result of: • you or an Authorised User’s error, or • you or an Authorised User being advised of the wrong BSB, account number and/or other identifier. 1.18 Mobile Banking means Macquarie’s secure mobile banking service that allows you (and certain third parties authorised by you in accordance with clause 6) to access certain banking services through a smartphone application on compatible mobile phones or personal electronic devices. 1.19 Mobile Device means a mobile phone or another type of personal electronic device which is able to access Mobile Banking. 1.20 Nominated Account means a bank account held with Macquarie or another financial institution nominated by you in writing to transfer funds to, via Electronic Banking. 1.21 Online Banking means Macquarie’s secure online banking services. 1.22 Password means a security password which is issued by us, or selected by you or an Authorised User which enables access to Electronic Banking. 1.23 PayAnyone Payment means a payment that can be made through Online Banking and Mobile Banking which is processed via direct entry involving the transfer of funds from an Account to another person’s account held with Macquarie, or to an account held by you or another person with another ADI. 1.24 Payment means a payment of any type including by B pay ® , funds transfer, Scheduled Funds Transfer, PayAnyone or by any other method allowed by Macquarie from time to time. 1.25 PIN means the optional four-digit code selected by you or an Authorised User for accessing Mobile Banking on a Mobile Device, without inputting a Macquarie ID and Password each time. 1.26 Recipient means any person or entity who receives a payment by any payment method, including B pay ® billers and people receiving money from you by funds transfer or PayAnyone. 1.27 Scheduled Funds Transfer means a funds transfer on a future date, including on a recurring basis. 1.28 Secret Code means individually and collectively any Login Details which we require you or an Authorised User to keep secret, including any Password, PIN, TPIN or SMS Code. 1.29 Secure Code means a code we send by SMS to your mobile phone to be used by you to provide consent to and authorisation of a Payment from your Account initiated by your Authorised User via Adviser Initiated Payments. 1.30 SMS means a service of sending short messages to a mobile phone. 1.31 SMS Code means a code we send by SMS to you or your Authorised User’s mobile phone. 1.32 Telephone Banking means Macquarie’s telephone banking services. 1.33 Third Party Website means a website relating to a product or service which is not our product or service, but which may be displayed and accessible through Online Banking or Mobile Banking. 1.34 TPIN means the four-digit code selected by you or an Authorised User to enable access to Telephone Banking. 1.35 We, our, us or Macquarie refers to Macquarie Bank Limited, AFSL 237502. 1.36 Withdrawal means any withdrawal of funds from your account. 1.37 You means you the Account holder(s). Where the context permits it also includes any person carrying out any Account transaction on your behalf, for example a person to whom you have given third party access. 2. Variations 2.1 We may change these terms and conditions and the other information contained in the Product Information Statement in our reasonable discretion at any time. If any law regulates that change, we will only make the change to the extent permitted by, and subject to, the requirements of that law. 2.2 Where we introduce a new fee or charge, increase an existing fee or charge, vary the method by which interest is calculated or the frequency with which it is debited or credited, you will receive written notice within 30 days before the change takes effect. Where any other minor change occurs, subject to the requirements of any law, you agree that we can notify you by posting a notice of the change on our website at macquarie.com.au/personal 2.3 You agree that we can give notice of variations to these terms and conditions, any material changes to, or any significant event that affects any of the matters specified in this Product Information Statement, in writing, electronically, by an advertisement in a major daily newspaper or in any other way permitted by law. 2.4 If a government charge payable directly or indirectly by you is introduced or varied, we will notify you by advertisement in the national media or local media, electronically or in writing unless the introduction or variation is publicised by the Government. Variations Minimum notice Days Method of notice Introduce a new fee or charge, including but not limited to a fee relating to the use of Electronic Banking (other than a government charge payable directly or indirectly by you) 30 In writing or electronically Increase a fee or charge (other than a government charge) 30 In writing, electronically, by press advertisement or in any other way permitted by law Change the method by which interest is calculated 30 In writing or electronically Change the frequency with which interest is debited or credited 30 In writing or electronically Change to any other term or condition (apart from the introduction or variation of a government charge payable directly or indirectly by you) No later than day of change In writing, electronically, by press advertisement or in any other way permitted by law Change increasing your liability for losses relating to transactions conducted via Electronic Banking 20 days In writing or electronically Impose, remove or adjust a daily or other periodical transaction limit that applies to the use of Electronic Banking 20 days In writing or electronically Government charges In advance of the change or as soon as practicable after, unless the change has been publicised by the Government In writing, electronically or by press advertisement 3. Sufficient funds 3.1 You will not be able to settle trades unless cleared funds are in your Account. 3.2 Where you specify a future date for a withdrawal, we may decline any other withdrawal request that would leave insufficient funds to cover those obligations. 3.3 We are not obliged to effect a transfer or payment instruction from you if the funds in your Account available for withdrawal are insufficient to cover the amount to be transferred. 3.4 We may dishonour any withdrawal, that is for more than the funds in your Account available for withdrawal at the time the withdrawal is made. We have absolute discretion to determine the order of priority of monies paid. 4. Interest 4.1 The interest rate(s) applicable for your Account will be published on our website macquarie.com.au/personal. The rate is variable and is subject to change. 4.2 Interest is calculated by dividing the current interest rate by the number of days in the year (365 or 366 in a leap year) and multiplying by the daily closing balance. 4.3 Where we tell you that stepped interest applies to your Account, the interest earned is calculated according to the sum of the daily closing balance within each applicable step (depending on the amount in the Account) multiplied by the interest rate applicable to that step divided by the number of days in the year. 4.4 Interest is calculated on Business Days for that day and all days up to the next Business Day, including any days belonging to the next month. The calculated interest for these days are added, and then rounded up or down, subject to clause 4.5 and 4.6, and accrued until payment. 4.5 Where the last day of the month falls on a non Business Day, interest for any days belonging to the next month, and before the next Business Day, is calculated, rounded up or down and then deducted from the accrued interest for that month where payment is due. This deducted amount is then included in the next month accrued interest. 4.6 Interest accruals are rounded up or down to the nearest cent, more than or equal to 0.5 of a cent is rounded up and less than 0.5 of a cent is rounded down. 4.7 All interest payments will be paid on the last Business Day of the month for all interest accrued for that month. 5. Instructions 5.1 Macquarie may, in its absolute discretion accept and refuse Account instructions, verbal, written or other electronic requests as Macquarie determines from time to time. 5.2 You acknowledge that Macquarie is entitled to rely on, and you will be liable for, any instructions which are received electronically, which appear to have been duly authorised by you. By providing instructions in this way you acknowledge there is an increased risk of fraud and that you release us from, and agree to reimburse us for, any losses and liabilities arising from any payment or action we (acting reasonably) make in this respect, provided we have acted without fraud and negligence. 5.3 We reserve the right to add further requirements at any time where we consider these to be reasonably necessary to protect your Account. 5.4 You authorise and direct us to act on any instructions given to us by a user or a person using your Login Details and you are liable for any such instructions. We may reasonably delay acting on, or may ask you for further information before acting on, an instruction. 5.5 You authorise us to accept any instruction that has not been cancelled by you and notified to us prior to us acting on that instruction. Please be careful! There is a risk that fraudulent electronic withdrawal requests can be made by someone who has access to your Account number or Login Details and a copy of your signature. From time to time we may verify these requests with you and reserve the right to change or remove this service. 6. Authorising a third party to access your Account We offer a facility where you may authorise a company, firm or another person to have access to or withdraw from your Account. There are six types of authority: • Enquiry Authority • Fee Authority • Government/Tax Payment Authority • General Withdrawal Authority • Authorised Signatory, and • Adviser Limited Third Party Authority. The rights and obligations attaching to each level of authority are described in these terms and conditions. General terms which apply to all levels of third party authority 6.1 Only you may appoint a third party to access or withdraw from your Account. 6.2 If you appoint a third party to withdraw from your Account they will automatically be able to enquire on your Account also. 6.3 We can impose conditions at any time (acting reasonably). 6.4 Subject to these terms and conditions, withdrawals may be for any amount. 6.5 You acknowledge and agree that these terms and conditions apply to the third party appointed by you in the same way that they apply to you. You must ensure that every third party appointed by you has read these terms and conditions and complies with them. If any third party appointed by you does not comply with these terms and conditions, you will be in breach of these terms and conditions. 6.6 This authority takes effect on the date when we amend our records to note the appointment of the third party and continues until we cancel it or you cancel it by telling us in writing. Cancellation takes effect on the date when we amend our records to note the change. 6.7 We may cancel the appointment of a third party as an authority on your Account. If we do cancel the appointment of a third party as an authority on your Account, you will receive notice from us. 6.8 We may cancel the authority given to a third party if we receive written notice of the death, bankruptcy or loss of capacity of either you or the third party. 6.9 You can arrange to have the authority of any third party appointed by you revoked at any time by notifying us in writing. In the case of joint Account holders, this instruction must come from both of you. The notice of revocation must be provided in accordance with the operating instructions for the Account. 6.10 Third parties may not set up direct debits on your Account or give other third parties access or authority on your Account. 6.11 Where you give authority to a company or firm such as your stockbroking or financial advisory firm: a. the company or firm will give us details of people who can transact on its behalf b. you acknowledge and agree that the company or firm may do this and that the people nominated by the company or firm can withdraw from your Account in accordance with the authority you have given it c. we will only act on withdrawal requests from the company or firm, if the person requesting the withdrawal has been nominated by it in accordance with our procedures, and d. the company or firm must tell us in writing if any nominated person no longer has authority. Until we have been advised in writing that a person no longer has authority that person may still operate your Account and you cannot claim that he or she is not acting for you or is not authorised. 6.12 You acknowledge and agree that if the third party appointed by you does not comply with these terms and conditions, we may unilaterally cancel the person’s authorisation, suspend, freeze or block your Account. 6.13 You: a. indemnify us against all loss, liabilities and costs incurred directly or indirectly as a result of the appointment by you of your Financial Services Professional or any person nominated by them in accordance with clause 6.11 b. indemnify us against all loss, liabilities and costs incurred directly or indirectly in connection with any action by your Financial Services Professional or any person nominated by them in accordance with clause 6.11, under their appointment or any payment made from your Account on their instruction. c. release us from all claims and liabilities in connection with any act or omission relating to the appointment of your Financial Services Professional or any person nominated by them in accordance with clause 6.11, to your Account d. release us from all claims and liabilities in connection with any action by your Financial Services Professional or any person nominated by them in accordance with clause 6.11, under their appointment or any payment made from your Account on their instruction. However we remain liable for any loss or liability which: a. arises as a result of our negligence, or b. by operation of law we cannot exclude. Indemnity 6.14 You: a. indemnify us against all loss, liabilities and costs incurred directly or indirectly as a result of the appointment of a third party b. indemnify us against all loss, liabilities and costs incurred directly or indirectly in connection with any action by a third party under their appointment or any payment made from your Account on their instruction c. release us from all claims and liabilities in connection with any act or omission relating to the appointment of a third party to your Account, and d. release us from all claims and liabilities in connection with any action by a third party under their appointment or any payment made from your Account on their instruction. However, we remain liable for any loss or liability which: a. arises as a result of our negligence, or b. by operation of law we cannot exclude. Terms relating to each of the levels of authority 6.15 Enquiry Authority a. You authorise the third party to have access to information about your Account. b. You do not authorise the third party to make withdrawals from your Account, make any changes to your Account details, close your Account or enable use of any facilities including but not limited to your cheque book, should you have one. 6.16 Fee Authority You authorise your Financial Services Professional, should you have one, to withdraw their fees from your Account. 6.17 Government/Tax Payment Authority You authorise the third party to withdraw funds from your Account to make payments on your behalf directly to government departments or agencies. 6.18 General Withdrawal Authority a. You authorise the third party to make payments and withdrawals in accordance with the terms set out under ‘Fee authority’ and ‘Government/Tax Payment authority’ above. b. In addition, you authorise the third party to make payments and withdrawal for any purpose including settlement or investment. c. You do not authorise the third party to make any changes to your Account details, close your Account or enable use of any facilities including but not limited to your cheque book, should you have one. d. Your Financial Services Professional reserves the right to hold funds from the time the order is placed or the time of execution to settle trades. 6.19 Authorised Signatory a. You authorise the third party to make payments and withdrawals in accordance with the terms set out under ‘General Withdrawal authority’ above. b. In addition, this authority allows the third party to use your cheque book, should you have one, change details on your Account (subject to clause 6.8) and close your Account. This does not allow the authorised signatory to appoint other authorised signatories to the Account. 6.20 Limited Third Party Authority a. You authorise the third party to have access to information about your Account. b. You authorise the third party to establish a new Macquarie Bank Term Deposit in the same name as your existing CMA and funds will be debited from your existing cash account. c. You do not authorise the third party to make any changes to your Account details, close your Account or enable use of any facilities including but not limited to your cheque book, should you have one. 6.21 Adviser Initiated Payments Adviser Initiated Payments is a digital solution to enable your Financial Services Professional to initiate Payments on your behalf and for you to provide a verbal authorisation of the Payment and in doing so they become an Authorised User. a. On receipt of the request from your Authorised User to make a Payment via Online Banking from your Account, we will send you a SMS to your mobile number that you have provided to us, which includes a Secure Code, that is unique for the particular Payment(s) being initiated. b. It is your responsibility to ensure that your mobile number that you have provided to us is kept up to date by telling us if you change it. c. If you consent to this Payment being made to the Destination Account you then can, authorise the Payment by providing your Authorised User, verbally, with the Secure Code for this Payment. d. You should only provide the Secure Code to your Authorised User for the sole purpose of providing consent to and authorising a Payment that has been initiated by them via Adviser Initiated Payments. e. For the initiated Payment to be completed, your Authorised User is required to input the Secure Code that you have verbally provided to them. If the Secure Code inputted by your Authorised User matches the Secure Code that we have provided to you via SMS, then the Payment will be completed. f. We will provide you with SMS and email confirmation of the Payment that has been scheduled or completed via Adviser Initiated Payments. g. Where an initiated Payment is a Scheduled Funds Transfer, it will remain in effect until it is revoked or otherwise terminated by you, your Authorised User or by us. 6.22 Where you enable a third party (including such a company or firm such as your stockbroking or financial advisory firm) to use Adviser Initiated Payments: a. the company or firm will give us details of people who can transact on its behalf b. you acknowledge and agree that the company or firm may do this and that the people nominated by the company or firm as the authority to use Adviser Initiated Payments in accordance with these terms and conditions become an Authorised User c. the company or firm must tell us in writing if any nominated person no longer has the authority to use Adviser Initiated Payments and are no longer an Authorised User d. until we have been advised in writing that a person no longer has such authority that person may still transact on your Account via Adviser Initiated Payments and be an Authorised User and you cannot claim that he or she is not acting for you or is not authorised. Indemnity 6.23 You: a. indemnify us against all loss, liabilities and costs incurred directly or indirectly as a result of enabling a third party to use Adviser Initiated Payments or any person nominated by them in accordance with clause 6.22 b. indemnify us against all loss, liabilities and costs incurred directly or indirectly in connection with any action by any third party or any person nominated by them in accordance with clause 6.22, including any payment made from your Account via Adviser Initiated Payments c. release us from all claims and liabilities in connection with any act or omission relating to enabling any third party or any person nominated by them in accordance with clause 6.22, to have access to and transact on your Account via Adviser Initiated Payments, and d. release us from all claims and liabilities in connection with any action by any third party or any person nominated by them in accordance with clause 6.22, in relation to any payment made from your Account via Adviser Initiated Payments. However we remain liable for any loss or liability which: a. arises as a result of our negligence, or b. by operation of law we cannot exclude. 7. Provision of data to third parties 7.1 We may send information about your Account to third parties who require it to provide services in relation to your Account, in accordance with our Privacy Policy which is available online. 7.2 We do not accept liability for any loss, liability or costs incurred by you as a result of or arising from the use of information about your Account by third party service providers, unless such loss, damage or costs are due to negligence or fraud by us or our employees. 8. Cheque book 8.1 We may dishonour any cheque which is for more than the funds available at the time the cheque is presented. 8.2 You must wait three Business Days before drawing against cheques you have deposited. 8.3 You must inform us promptly if your cheque book or any cheque forms are lost or stolen. 8.4 If you have used all of the cheques in your cheque book, a new cheque book will be issued upon request subject to fees and charges set out in Macquarie Cash Management Account fees, limits and lodgement times . 8.5 If you would like to make a stop payment, please contact us. 8.6 We may deduct from your Account: a. fees for the operation of your cheque book including fees for dishonoured cheques, and b. any related duties and other taxes imposed on us. 8.7 To the extent permitted by law and subject to clause 11.1 you: a. indemnify us against all loss, liabilities and costs incurred in connection with your cheque book, and b. release us from claims and liabilities in connection with any act or omission relating to the operation of your cheque book. 8.8 We may cancel your cheque book: a. immediately if you do not comply with any of these conditions, or b. at any time after giving you reasonable notice. If asked, you must return any unused cheque forms. 8.9 We may dishonour a cheque you have written for a number of reasons, including: a. there are insufficient available funds in your Account b. the cheque is unsigned or the signature is not valid c. the cheque is ‘stale’ (presented for payment more than 15 months after the date written on it) d. alterations on the cheque have not been signed by you e. the cheque has been post-dated (presented for payment before the date written on it) f. you have asked us to stop payment of the cheque, or g. we have received notice of your death, loss of capacity or bankruptcy. If your cheque book is lost or stolen, you must contact us immediately. If you do not, you may be liable for cheques paid by us in good faith. 9. Liability for unauthorised transactions – cheques An unauthorised cheque transaction is a cheque transaction which is not authorised by you or a third party with authority to access your Account (such as an authorised signatory, or your Financial Services Professional) or is executed without your knowledge or consent. If you find an unauthorised transaction, you suspect that any person is using your cheque book without your authorisation or your cheques are lost or stolen, contact us immediately. 9.1 You will not be liable for any unauthorised transaction where: a. there was fraudulent or negligent conduct by our employees or agents b. a forged, faulty, expired or cancelled cheque book was used c. the transaction took place before you received the cheque book d. the transaction has been incorrectly debited more than once to the same Account e. the transaction took place after you told us that there had been a security breach on your cheque book f. we expressly authorised the conduct that contributed to the unauthorised transaction, or g. it is clear you have not contributed to the loss resulting from the unauthorised transaction. 9.2 If a payment is made to a person or for an amount which is not in accordance with the instructions you have given us and your Account was debited for that amount, then we will credit that amount to your Account. 9.3 If you are unable to report the loss, theft or unauthorised use of a cheque book due to our notification facilities being unavailable, you are not liable for any losses occurring during that period provided that notification is made to us within a reasonable time of the facility becoming available. 9.4 You will be liable for losses resulting from unauthorised transactions where we can prove that you contributed to the loss by: a. acting fraudulently, b. not keeping your cheque book secure, or c. unreasonably delaying notifying us after becoming aware of the misuse, loss or theft of your cheque book. 9.5 You may then be responsible for any losses which occur between when you become aware and when you notified us. In such a situation you also agree to release us from and reimburse us for any reasonable loss, damages, costs, claims, expenses or other actions which may be suffered by or brought against us as a consequence of any such losses unless it is proved we were negligent. 10. Electronic Banking We provide secure Online Banking, Mobile Banking and automated Telephone Banking services, which enable you to access information about your Account, update aspects of that information and make payments to other accounts. Please read this clause 10 carefully before you access any Electronic Banking service. The first use of any Electronic Banking service will constitute your agreement to the terms of this clause 10. a. You agree to use Electronic Banking only if permitted by us for legitimate purposes and not to interfere with or damage (or attempt to interfere with or damage) any code, data or software associated with Electronic Banking. b. We will use reasonable efforts to provide (but do not guarantee that we will provide) reliable data and information, to the extent that it is within our control. We take no responsibility for the reliability of data and information outside our control. macquarie.com c. Subject to conditions and warranties implied by legislation, we exclude: i. liability for any delay, interruption or unavailability of Electronic Banking and for any inaccuracy or incompleteness of data provided by any person and available via Electronic Banking, and ii. all terms implied by statute, general law or custom except ones that may not be excluded. If we breach any condition or warranty implied by legislation in a contract with a consumer, liability for that breach is limited to a resupply of the goods or services in respect of which the breach occurred. 10.1 Online Banking, Mobile Banking and Telephone Banking a. Online Banking Online Banking is a service which enables you or an Authorised User to access and/or transact on your Account over the internet. b. Mobile Banking When it becomes available for your Account, Mobile Banking will be a service that enables you or an Authorised User to access and/or transact on your Account, using a Mobile Device with internet connectivity. Mobile Banking will be available to you by downloading Macquarie’s Banking App to your Mobile Device. Full Mobile Banking functionality may not be available for your Account as at the date of this Further Information Guide. c. Telephone Banking Telephone Banking is a service which enables you or an Authorised User to access and/or transact on your Account via a touch tone telephone. 10.2 Access To access Online Banking or Mobile Banking, you or an Authorised User will need a Macquarie ID and Password. To access Telephone Banking, you or an Authorised User will need a Macquarie ID and a Telephone PIN (TPIN). a. Online Banking For Online Banking, you and each Authorised User will either be required to set your own Password or change a temporary Password that we send you. There may be times when Online Banking is unavailable from some computers and devices, for example, due to hardware or software restrictions or problems with internet connectivity. You and your Authorised Users are responsible for obtaining access to Online Banking. Specifically, you and your Authorised Users are responsible for all equipment necessary to access Online Banking. The system requirements to access Online Banking are set out in the Important Information Statement (available online). b. Mobile Banking To first access Mobile Banking you or an Authorised User will need to use a Macquarie ID and Password. You and any Authorised User can then select a four digit PIN for your Mobile Device and use it in place of using a Macquarie ID and Password each time. c. Telephone Banking To access Telephone Banking (sometimes referred to as Macquarie PhoneLink) you or an Authorised User will need to call 133 275. You or an Authorised User will then need to log on using a Macquarie ID and TPIN and follow the instructions given. d. Authorised User access Subject to clause 6, you may nominate another person to have access to your Account through Electronic Banking by completing the appropriate form (available online). Authorised Users may be able to view, or both view and transact on, your Accounts through Online Banking, Mobile Banking or Telephone Banking, using their own Login Details. You must ensure that Authorised Users comply with the terms of this clause 10 where they apply to them. You will be liable for any transaction made by an Authorised User within the authority you give to them. You may cancel the authority of an Authorised User in accordance with clause 6.9. e. Adviser Initiated Payments Subject to clause 6, you may enable an Authorised User to initiate a Payment from your Account, that will be completed on the successful input of a Secure Code provided verbally by you to them. You must ensure that Authorised Users comply with the terms of this clause 10 where they apply to them. You will be liable for any Payment made by an Authorised User where you have provided verbally to them the Secure Code that we sent you as a result of receipt by us of an initiated Payment request from an Authorised User. 10.3 Funds transfer You or an Authorised User may be able to transfer funds from your Account to another bank account through Electronic Banking. Enhanced security measures may be required for certain payments. See clause 10.7 for further details. a. Processing your instructions To make a funds transfer, you or an Authorised User will need the following information for the account you wish to transfer to: i. the account BSB ii. the account number, and iii. the account name. You or the Authorised User must select the account from which the payment will be made and may also elect to provide a reference description of the transaction. We may provide you with email notification of funds transfer transactions. It is your responsibility to ensure that the email address is kept up to date by telling us if you change it. Once a funds transfer instruction has been accepted by us, it cannot be cancelled except if it is a Scheduled Funds Transfer (please refer to the Macquarie Cash Management Account fees, limits and lodgement times ) 11 b. Scheduled Funds Transfers You or an Authorised User can arrange to make a Scheduled Funds Transfer. A Scheduled Funds Transfer may not be processed for a number of reasons, including if, on the day the Scheduled Funds Transfer is due: • there are insufficient cleared funds in the Account from which the payment is to be made, or • the payment will cause the daily transaction limit for the Account to be exceeded. While we will use our best endeavours to make the requested Scheduled Funds Transfers, other than where we are required by law, we accept no responsibility for refusing or omitting to make all or any of the payments, for late payment, or for failing to follow your instructions. For scheduled processing times, please refer to the Macquarie Cash Management Account fees, limits and lodgement times . When providing instructions for any funds transfer, including any Scheduled Funds Transfer, it is your or the Authorised User’s responsibility to ensure that the intended payee’s account details are correct. We do not carry out checks to determine if the details provided in a funds transfer instruction are correct. For example, we do not check that the BSB and account numbers provided correspond with the account name of the payee. Accordingly, any error made in entering details may result in a payment being made to an unintended recipient and it may not be possible to recover the funds. However, if the funds transfer is a Pay Anyone Payment the mistaken internet payments procedures below apply. Instructions for a Scheduled Funds Transfer will remain in effect until they are revoked or otherwise terminated by you or us. The Scheduled Funds Transfer instructions may be automatically cancelled if three consecutive Scheduled Funds Transfers are dishonoured due to insufficient funds in your Account. If this occurs, we will notify you that your instructions have been cancelled. We will also charge to your Account any dishonour costs payable. When your Account is closed, instructions that have been given us in relation to Scheduled Funds Transfers are terminated and no previously Scheduled Funds Transfers from the Account will be processed. You can modify or cancel a Scheduled Funds Transfer by making the required change(s) in Electronic Banking by the relevant cut off time (please refer to the Macquarie Cash Management Account fees, limits and lodgement times for details of relevant cut off times). 10.4 Mistaken payments A Pay Anyone Payment that is made by you or an Authorised User to an unintended recipient is referred to as a Mistaken Internet Payment. a. Mistaken Internet Payments made by you or an Authorised User You or your Authorised Users should report Mistaken Internet Payments by calling us as soon as possible as delays may impact on our ability to recover the funds on your behalf. We will need to collect information from you or an Authorised User that will allow us to investigate and determine whether a Mistaken Internet Payment has occurred. We will provide a reference number, or some other form of acknowledgement, which should be retained as evidence of the date and time of the report. If we are not satisfied that a Mistaken Internet Payment has occurred, we will not take further action and you will be liable for the loss arising from the payment. If we are satisfied that a Mistaken Internet Payment has occurred, we will send a request for the return of the funds to the ADI whose customer received the payment (known as the receiving ADI ). Sending this request to the receiving ADI requires us to disclose information to that ADI about your Account and the Mistaken Internet Payment. If the receiving ADI is also satisfied that a Mistaken Internet Payment has occurred and there are sufficient funds available in the account of the unintended recipient, the receiving ADI will attempt to recover the funds and return them to us and we will credit them to the Account from which the payment was made. The following process will apply: • where the Mistaken Internet Payment is reported to us within 10 Business Days after the payment is made, the receiving ADI is required to return the funds to us within 5 to 10 Business Days of receiving our request • where the Mistaken Internet Payment is reported to us between 10 Business Days and 7 months after the payment is made, the receiving ADI will give the recipient 10 business day to establish that they are entitled to the funds, and if they do not, the receiving ADI will return the funds to us within 2 Business Days of the expiry of that period and • where the Mistaken Internet Payment is reported to us more than 7 months after the payment is made, the receiving ADI will ask the recipient if they agree to the return the funds to us. If the receiving ADI is satisfied that a Mistaken Internet Payment has occurred but there are insufficient funds in the unintended recipient’s account to refund the amount of the payment, the receiving ADI will use reasonable endeavours to obtain a refund for you (for example, by facilitating repayment of the funds by the recipient through instalments). If the receiving ADI is not satisfied that a Mistaken Internet Payment has occurred, it may (but it is not obliged to) seek the consent of the recipient to enable the return of funds to us. 13 c. Mistaken B pay ® payments Care should be taken by you and Authorised Users to enter the correct amount and Biller’s details. If the amount entered is greater than intended, you or the Authorised User must contact the Biller to obtain a refund. If less, another B pay ® payment can be made to make up the difference. If you or an Authorised User told us to pay the wrong Biller we will re-credit your Account and will seek to recover that amount from the Biller. However, if we cannot recover the amount within 20 Business Days, we will debit your Account for that amount. If there are insufficient funds or credit available on your Account you must pay that amount to us. You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not, or will not constitute under any circumstances, part or whole satisfaction of any underlying debt owed between you and the Biller. You should check your Account carefully and promptly report to us any B pay ® payments you think are errors or that were not authorised by you or an Authorised User. The longer the delay between the date of the B pay ® payment and when we are informed of the error, the more difficult it may be to correct the error. You may need to liaise directly with the Biller to correct the error if, for example, because of delay, we no longer have sufficient information to investigate it. For us to investigate a B pay ® payment from your Account that may be unauthorised, you or an Authorised User must first give us your written consent, addressed to the Biller who received that B pay ® payment, authorising us to obtain information about your account with that Biller, or the B pay ® payment. You will need to include your CRN and any other information we require. If you do not give us the consent, the Biller may not be permitted under law to disclose to us the information we need to investigate or rectify that B pay ® payment. If we make a B pay ® payment to a person or for an amount not instructed by you or an Authorised User, and your Account was debited with the payment, we will credit that amount back to your Account. Disputes in relation to unauthorised, fraudulent or wrong B pay ® payments will be handled in accordance with the Macquarie Complaints Policy. Your liability for unauthorised and fraudulent B pay ® payments will be determined in accordance with clause 10.9. No chargeback rights are available in respect of a B pay ® payment from your Account. Subject to clause 10.9: i. we are not liable for any consequential loss or damage you may suffer as a result of using the B pay ® Scheme, other than: • due to any loss or damage you suffer due to our negligence, or • in relation to any breach of a condition or warranty implied by law under consumer protection legislation which may not be excluded, restricted or modified at all or only to a limited extent, and ii. you indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you or an Authorised User did not observe any of the obligations under this clause 10.5 or acted negligently or fraudulently in connection with their use of, the B pay ® Scheme. d. Fraud-induced B pay ® payments You must tell us promptly if you think that you have been fraudulently induced to make a B pay ® payment. We will attempt to rectify any such matters in relation to your B pay ® payments in the way described in this clause. If a B pay ® payment is induced by the fraud of a biller or person involved in the B pay ® scheme, then that biller or person should refund you the amount of the fraud-induced payment. However, while we would assist you to pursue a refund, if that person does not refund you the amount of the fraud-induced payment, you must bear the loss unless some other person involved in the B pay ® scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud-induced payment that is not refunded to you by the person that induced the fraud. You must exercise care about the biller you deal with, the security of your Login Details and the accuracy of your instructions to us. 10.6 General information on transactions When you or an Authorised User make a transfer or a payment on your Account through Electronic Banking, the following general conditions apply: a. we will confirm the receipt of instructions to transact (although not the transaction itself) b. you should check your Account records carefully and report to us as soon as you become aware of any payments that you think have been made in error or which were not authorised (see clause 10.9 for liability for unauthorised payments) c. you should notify us promptly if you become aware of any delays or mistakes in processing transactions d. you authorise us, and we are entitled, to act upon any instruction received via Electronic Banking in conjunction with the correct Login Details and other terms agreed between you and us e. we will not be obliged to effect a payment instruction if: i. it is not made in accordance with these terms and conditions or the payment is prohibited by these terms and conditions ii. the information given to us, or requested by us, is incomplete and/or inaccurate iii. we are restricted or prohibited by law, regulation, industry code, or the requirement of a government or similar authority from permitting the payment to occur iv. the instruction is not accepted by our system v. there is a technical failure of equipment, our system or outside our system, which causes a delay in the transmission or acceptance of the instruction 14 vi. the financial institution to which the payment is to be made does not accept it or delays accepting it vii. your or an Authorised User’s right to participate in Electronic Banking is suspended viii. there are insufficient cleared funds in the Account from which the payment is to be made to cover the amount of the payment on the day the payment is instructed to be made, or ix. the request would cause you to exceed any daily limit (on the day the payment is instructed to be made) we impose on your Account or your use of Electronic Banking f. we will perform a payment instruction as soon as possible, however we do not guarantee that any transaction we are instructed to make will be made on the day or at the time requested, and g. we have absolute discretion to determine the order in which we give effect to payment instructions received. 10.7 Fees and charges There are no establishment or ongoing fees for accessing or using Electronic Banking. However, access and use of the Electronic Banking services may involve third party fees, including from: • internet service providers • telecommunications providers for downloading or using Mobile Banking, or • call costs associated with accessing Telephone Banking. You should refer to the relevant third parties for details of their fees and charges. There may also be fees and charges that apply to transactions conducted on your Account through Electronic Banking – refer to the Macquarie Cash Management Account fees, limits and lodgement times for details. 10.8 Enhanced security measures For certain activities on your Account, you or an Authorised User may be asked to comply with our enhanced security measures. Such circumstances may include when you or the Authorised User make a funds transfer to a new recipient, or make a B pay ® payment to a new Biller. Our enhanced security measures provide an additional layer of security to protect you and us from unauthorised transactions and fraud. The measures may change from time to time at our discretion and include any appropriate method of authentication, or contacting you to verify the transaction or activity on your Account. Two-factor authentication, often referred to as “2FA”, is an authentication process which uses two different layers of security to verify your identity. For instance, for Online Banking the first layer of authentication relates to your Login Details and a second layer of authentication is imposed when you or the Authorised User initiate certain transactions or perform certain activities on your Account. This additional layer of security may include, but is not limited to, the requirement to input an SMS Code, or answer security questions. You or an Authorised User will be instructed to contact us to complete a transaction or other Account activity if any enhanced security measure is not successfully satisfied. 10.9 Liability for unauthorised transactions This clause 10.9 applies to Electronic Banking transactions carried out using Login Details without your or an Authorised User’s knowledge or consent ( unauthorised transactions ). You are liable for all transactions that are carried out with your or an Authorised User’s knowledge or consent. a. When you are not liable You are not liable for loss arising from an unauthorised transaction that occurs: i. due to the fraudulent or negligent conduct of our employees or agents ii. due to the fraudulent or negligent conduct of any companies involved in the electronic transaction system or merchants in the system, or their employees or agents iii. because any element of your Login Details is forged, faulty, expired or cancelled iv. before you or an Authorised User received a Secret Code and where the Secret Code was required to perform the unauthorised transaction v. due to the same transaction being incorrectly debited or credited more than once to the same Account vi. after we have been informed that the security of a Secret Code has been breached vii. through the use of your or an Authorised User’s Macquarie ID without the use of a Secret Code, or viii. where it is clear that you or an Authorised User did not contribute to the loss. b. When you are liable You will be liable for actual losses arising from unauthorised transactions that occurred before we are notified of the breach of security in relation to a Secret Code, where we can prove on the balance of probabilities that you contributed to the loss: • through fraud • by acting with extreme carelessness in failing to protect the security of a Secret Code • by unreasonably delaying reporting a breach of security in relation to a Secret Code (although you will only be liable for the actual losses that occur after you or an Authorised User become aware, or should reasonably have become aware, of the breach of security, or • where the security guidelines set out in clause 10.9 are breached. You will not, however, be liable for: • that portion of the loss on any one day, or in any period, that exceeds the applicable daily, or periodic, transaction limit of your Account • that portion of the loss which exceeds the balance of your Account, or • losses on which we agree cannot be accessed through the use of any Login Details. 15 c. Where your liability is limited Where a Secret Code is required to perform a transaction and we do not establish that you have, or an Authorised User has, contributed to the loss in the ways set out above, your liability for loss arising from an unauthorised transaction in respect of an Account that occurs before the breach of security in respect of your or an Authorised User’s Secret Code is reported to us is the lesser of: • $150 • the balance of your Account, or • the actual loss at the time that we are notified of the breach of security in respect of the Secret Code (except any portion of the loss that may exceed any applicable transaction limits). d. System or equipment malfunction Notwithstanding any of the above provisions in this clause 10.9 you are not liable for loss caused by the failure of any system or equipment to complete a transaction, which is accepted by that system or equipment. However, to the extent that you or an Authorised User should reasonably have been aware that any system or equipment was unavailable or malfunctioning, our liability is limited to correcting errors in your Account and refunding any fees or charges that you have incurred as a result. e. Account aggregation services Some companies provide account aggregation services that allow you to view account information from different institutions on the one webpage, or download your account statements. These companies usually require you to give them your Secret Code(s). We do not endorse, promote, or authorise the use of account aggregation services in connection with your Account. If you disclose any Secret Code(s) to another person, you will be liable for any transactions on your Account made by that person using that Secret Code(s). Refer to clause 10.10 (Security) for more information. 10.10 Security a. Security and Fraud We are committed to providing the highest quality of financial services within a trusted environment. Please read the Security and Fraud statement (available online) for more information. b. Equipment security You and your Authorised Users must take all reasonable steps to protect the security of your respective computer hardware and software, and Mobile Device. Reasonable steps include: • for computer hardware and software: protecting your computer from viruses and maintaining passwords • for Mobile Devices: setting screen lock passwords and ensuring that others do not have access to the use of your Mobile Device. You and your Authorised Users should log out from Online Banking and Mobile Banking at the end of each session. You acknowledge that, for security purposes, we reserve the right at any time to log you and any Authorised Users out of Online Banking and Mobile Banking, for example if you or the Authorised Users are inactive for a period of time after having logged on. Where you or an Authorised User remove some system level restrictions on a Mobile Device by, for example, ‘jailbreaking’ or ‘rooting’ the Mobile Device, you indemnify us for any loss arising from fraudulent activity carried out on the Mobile Device, including in respect of your Account. c. Security guidelines The security of you and your Authorised User’s Secret Codes is very important, as whoever has access to them may be able to perform transactions on your Account. These guidelines are designed to help you keep your and your Authorised User’s Secret Codes secure. By following these guidelines, you and your Authorised Users can assist in preventing unauthorised transactions on your Account. These guidelines do not determine your liability for unauthorised transactions. Your liability will be determined under clause 10.9 and any applicable codes of practice to which we subscribe. To protect your Secret Codes you and your Authorised Users should: • not disclose any Secret Code to anyone, including a family member or friend • take care to prevent anyone seeing a Secret Code entered into a computer, Mobile Device or telephone • try to commit all Secret Codes to memory and not record them by any means (including by storing them on a computer or Mobile Device, or any article that could be accessed or stolen along with a computer or Mobile Device) without making a reasonable attempt to disguise them • not choose a Secret Code which can be easily guessed including, for example, a Secret Code that uses repeated characters, consecutive numbers, or a Secret Code that represents a recognisable part of your or their name, birth date, telephone number or driver’s licence number, and • change all Secret Codes at regular intervals. The following are examples of what is NOT a reasonable attempt at disguising a Secret Code: • recording the Secret Code in reverse order • recording the Secret Code as a telephone number where no other numbers are recorded • recording the Secret Code as a telephone number including the Secret Code in its correct sequence • recording the Secret Code as a sequence of numbers or letters with any of them marked to indicate the Secret Code • recording the Secret Code as a date (including a birth date) or as an amount, or • recording the Secret Code in any other way that can be easily identified. 16 d. Reporting loss, theft or misuse of Secret Codes and devices You or an Authorised User must immediately notify us if it is suspected that the security of a Secret Code or Mobile Device has been breached. You or an Authorised User must also promptly notify us of any unauthorised transactions on your account. Please contact us 24 hours a day, 7 days a week, by calling us on 13 31 74. If we are unable to be contacted by phone because our lines are unavailable, you will not be liable for unauthorised transactions which could have been prevented had we been contactable, provided we are told within a reasonable time after our telephone facilities become available again. 10.11 Third party websites We may provide links to Third Party Websites through Online Banking or Mobile Banking for convenience. Where you or an Authorised User leave Online Banking or Mobile Banking via such a link, it is at your or the Authorised User’s own risk. The information available through the link to the Third Party Website is not produced, checked for accuracy, or otherwise reviewed by us and we have no control over the information on Third Party Websites or the products or services on them. Inclusion of a link to a Third Party Website should not be construed as that party’s endorsement of the Online Banking or Mobile Banking; nor should it be construed as our endorsement of the Third Party Website. By linking to sites operated by third parties, we are not authorising the reproduction of any material on such sites, as such material may be the subject of intellectual property rights. 10.12 Suspension and termination We may, acting reasonably, suspend and/or terminate your or an Authorised User’s use of and access to Electronic Banking for any of the following reasons: • breach or suspected breach of these terms and conditions or any other incorporated agreements or guidelines • where we believe that use of Electronic Banking may cause loss to you or us • to comply with our obligations under any applicable laws (including any Anti-Money Laundering or Counter-Terrorism Financing laws and sanctions) or a court order • fraud or suspected fraud • requests by law enforcement or other government agencies, or • unexpected technical or security issues or problems. Where possible, we will give you reasonable notice of suspension or termination, however this may not be possible in all circumstances. You may contact us to suspend your or an Authorised User’s use of and access to Electronic Banking. 10.13 Notices Where you agree that we may give all notices and other communications in connection with these terms and conditions electronically, we will do so: • by emailing them to your last known email address or sending them through SMS to your last known mobile telephone number, or • by making them available online. If we are not required to obtain your consent before sending you such notices electronically, we may do so without seeking your agreement. Where communications are made available online, we will notify you of this fact by email or SMS. You should check your emails and SMS messages regularly. 10.14 Updating your contact details and tax residency information You must ensure that the contact details and tax residency information that you provide to us, including but not limited to your mobile phone number, email address and whether you are or cease to be foreign tax resident, remain up to date. If your details change, you must let us know as soon as possible by contacting us. 10.15 Availability of Electronic Banking We will use reasonable efforts to ensure that access to Electronic Banking is available on a 24 hour continuous basis. However, this may not always be possible. 10.16 Marketing and other communications You acknowledge that use of Electronic Banking may involve certain communications from us, such as service announcements, administrative messages and marketing material and that these communications are considered part of the Electronic Banking service. 10.17 Confidentiality We respect the confidentiality of the information of all our clients. Information which you provide to us will not be disclosed except where we are required or permitted to disclose it. This includes where we are compelled by law, there is a duty to the public to do so, our interests require us to do so or the disclosure is made with your consent. 10.18 Proprietary rights You acknowledge and agree that both Online Banking and Mobile Banking consist of, and contain, Materials that are owned by Macquarie, its licensors and other contributors. Macquarie has prepared and maintains each of Online Banking and Mobile Banking in good faith and we make no representation or warranty as to the accuracy or currency of the Materials. Online Banking, Mobile Banking and the Materials (the Content ) are protected by intellectual property and other applicable laws. 17 Macquarie grants you and each Authorised User a personal, non-transferable and non-exclusive licence to access and use the Content. Under this licence you and each Authorised User: • is authorised to view, retrieve, listen to, personally store and print a copy of any Content for personal use • must not (and must not permit any third party to) modify, sublicense, loan, sell or distribute the Content, in whole or in part, create derivative works based on or reverse engineer the Content, or otherwise use any of the Content in any way for any public or commercial purpose, and • must not otherwise infringe the intellectual property rights of any person in using the Content. 11. Direct Debit Request Service Agreement By completing a Direct Debit Request form, you authorise and request us to arrange for funds to be debited from your nominated account in accordance with the following terms and conditions: a. the account held by your nominated financial institution must be in the same name or names as your account b. where the due date for a debit does not fall on a Business Day, your nominated financial institution may vary the timing of the debit. If you are uncertain as to when a debit will be processed, you should ask your financial institution c. you must allow two Business Days from the date of receipt by us for funds deposited through the Direct Debit service to be cleared d. third parties authorised to transact on your account may not set up a Direct Debit on your behalf e. you must notify us immediately if you know or suspect any unauthorised transactions have occurred in relation to your Direct Debits. You should also notify your financial institution as soon as possible f. you must notify us immediately, and confirm that notice in writing as soon as is possible, if you believe that there has been an error in debiting your account. If we conclude as a result of our investigations that your account has been incorrectly debited, we will respond to your query by adjusting your account accordingly. We will also notify you of the amount by which your account has been adjusted. If we conclude as a result of our investigations that your account has been correctly debited we will respond to your query by providing reasons and evidence of this finding g. you must ensure that there are sufficient cleared funds in your nominated account(s) to honour your Direct Debit request h. you must ensure that the authorisation given to debit your nominated account is identical to the account signing instructions held by the financial institution where your nominated account is held i. your nominated financial institution(s) may, in its absolute discretion, decide the order of priority of payment by it of any monies pursuant to this request or any equivalent authority or mandate j. your nominated financial institution(s) may in its absolute discretion, at any time by notice in writing to you or us, terminate this request as to future debits k. we may, by 14 days prior notice in writing to you, vary the timing of future debits, or any of the terms of this clause 11 l. you can modify or defer your use of the Direct Debit service at any time by giving us notice in writing. Your request will normally be processed within seven days of receiving your properly completed request m. you can stop a particular debit or cancel your Direct Debit at any time by giving Macquarie seven days notice in writing or by contacting your nominated financial institution. Your request will normally be processed within seven days of receiving your properly completed request n. when your account is closed, all regular deposits under the Direct Debit service will cease o. your use of the Direct Debit service may be automatically cancelled if three consecutive direct debit payments are dishonoured due to insufficient funds in your nominated account. If this occurs, we will notify you that your use of the service has been cancelled. We will also charge to your account the cost of any dishonour costs p. you acknowledge that we may be required to reveal details of your Direct Debit Request to our sponsor bank to assist with the checking of any incorrect or wrongful debits to your nominated account. In all other circumstances, we will keep all information relating to your Direct Debit arrangements private and confidential unless otherwise required by law q. you authorise the external financial institution(s) nominated on the Direct Debit Request form to confirm the BSB, account number and account name to us if required r. directing debiting through the Bulk Electronic Clearing System (BECS) is not available on all accounts. You should check your account details against a recent statement. If you are uncertain about these matters, you should contact your nominated financial institution, and s. the provider of your nominated bank account may charge you fees if your Direct Debit request dishonours 12. Suspension 12.1 We may suspend, freeze or block the operation of your Account at any time without notice. The circumstances in which we may suspend, freeze or block the operation of your Account include, without limitation: a. if you or the third party appointed by you breach any of the terms and conditions of your account b. if we reasonably consider that you or any person authorised to act or purporting to act on your behalf is acting fraudulently or in breach of the laws of any jurisdiction c. if we reasonably believe that your Account is being used in a way that may cause loss to you or us d. if we reasonably believe that it is necessary for business purposes, or e. if we reasonably believe that it is necessary to comply with the law or any applicable code. 18 12.2 The circumstances set out at 12.1 above are for guidance only and do not prevent us from suspending, freezing or blocking the operation of your Account for any other reason. 12.3 We will be under no liability to you if we do any or all of these things. Our rights under this clause are in addition to all other rights we may have. 13. Anti-Money Laundering 13.1 You must not knowingly do anything to put Macquarie in breach of the Anti-Money Laundering and Counter- Terrorism Financing Act 2006 , rules and other subordinate instruments (AML/CTF Laws). You undertake to notify Macquarie if you are aware of anything that would put Macquarie in breach of AML/CTF Laws. 13.2 If requested you must provide additional information and assistance and comply with all reasonable requests to facilitate Macquarie’s compliance with AML/CTF Laws, an equivalent law in an overseas jurisdiction, and/or its internal policies and procedures. 13.3 You undertake that you are not aware and have no reason to suspect that: a. any deposit to the Account is derived from or related to money laundering, terrorism financing or similar activities (Illegal Activities), or b. proceeds of withdrawals from the Account will fund Illegal Activities. 13.4 You acknowledge that Macquarie is subject to AML/CTF Laws and/or its internal policies and procedures. In making an application, you consent to Macquarie disclosing in connection with AML/CTF Laws and/or its internal policies and procedures any of your Personal Information (as defined in the Privacy Act 1988 (Cth) ) Macquarie has. 13.5 In certain circumstances we may be obliged to suspend, freeze or block an account where it is used in connection with Illegal Activities or suspected Illegal Activities. Freezing or blocking can arise as a result of the account monitoring that is required by AML/CTF Laws and/or its internal policies and procedures. If we freeze or block your Account because we believe on a reasonable basis that we are required to do so in order to comply with AML/CTF Laws and/or our internal policies and procedures, we are not liable to you for any consequences or losses whatsoever and you agree to indemnify us if we are found liable to a third party in connection with the freezing or blocking of your Account. 14. Combining your accounts 14.1 We may, at any time combine the balances of two or more of your accounts held with Macquarie. For example, we may do this if one of your accounts is overdrawn or in debit and the other is in credit. However, we will not do this if for example: a. we know the accounts are not held by you in the same capacity (for example, where you have personal account and also an account as trustee for someone else) b. we have specifically agreed to keep your accounts separate or your dealings with us suggest such an agreement (for example, because there is evidence of an agreement made in conversation), or c. we are bound by a code of conduct not to do so (such as the Code of Operation for Centrelink Direct Credit Payments ). 14.2 We will promptly inform you if we have combined any of your accounts. We need not notify you in advance. 14.3 You should not treat your accounts as combined unless we have agreed to such an arrangement. In the event that your accounts are combined, we may continue to apply separate interest rates to percentages of the combined balance in accordance with previous arrangements. 14.4 We may close any or all of your accounts and, whether or not any book entries have been made, treat any credit balances in those accounts as having been so applied and then refuse to make advances or meet obligations to you, for you, or for your accommodation as if the combined accounts had at all times been a single account. 15. Changes to your Account 15.1 You promise that all particulars given to us (whether in an application form or otherwise) are accurate and complete and not, by omission or otherwise, misleading. 15.2 You owe us a duty of care and will not do anything which may facilitate, or omit to do anything which may prevent, any fraud, forgery or other illegal act. 15.3 In order to ensure our records are accurate you will promptly notify us in writing of any change in: a. your name, address, mobile number or email address b. the authority of any third party, or c. the contents of any application form or any other documents, information or authorisations supplied by you or on your behalf in connection with the Account. 15.4 If no such notice is given (regardless of whether such change is registered in a public registry), we are entitled to rely on information, authorisations and documents previously supplied by you. We will not be responsible for any errors or losses associated with changes to your Account where we have received no or inadequate prior notice. 16. Taxation 16.1 Your Tax File Number (TFN) is collected in accordance with the Income Tax Assessment Act 1936 and the Taxation Administration Act 1953 . Provision of a TFN or Australian Business Number (ABN) is not compulsory, however, if you do not quote your TFN (including both TFNs for joint accounts) or ABN or claim an exemption, tax may be withheld from the interest paid to you at the highest marginal tax rate plus the Medicare Levy. Declining to quote a TFN is not an offence. 16.2 If you are a non-resident of Australia for taxation purposes, you must provide us with your overseas residential address. Tax may be withheld on the interest you earn on your Account whilst you are a non-resident. 19 17. Costs and expenses You shall pay to us all reasonable costs and expenses (including legal fees on a full indemnity basis) incurred by us in connection with: a. the exercise and preservation of our rights under these terms and conditions, and b. any legal proceedings or disputes between you and a third party (including your Financial Services Professional) where we become involved in such proceedings or disputes. These costs and expenses are payable on demand or when we debit the Account for them. 18. Your rights and our rights 18.1 To the maximum extent allowed by law, you give up any right to set off any amounts we owe you (for example, credit balances in your Account) against amounts you owe us. 18.2 If any provision of these terms and conditions is, or becomes, illegal, invalid or unenforceable in any jurisdiction, this will not affect: a. the validity or enforceability in that jurisdiction of any other provision of these terms and conditions, or b. the validity or enforceability in other jurisdictions of that or any other provision of these terms and conditions. 18.3 Our rights under these terms and conditions: a. may be exercised as often as necessary b. are cumulative and not exclusive of our rights under any applicable law, and c. may be waived only in writing and specifically. Any delay in the exercise or non-exercise of any such right is not a waiver of that right. 18.4 Your rights in connection with any Account may only be assigned by way of security or reassigned to you where a written request has been provided to and accepted by us. We reserve the right to request additional documentation to meet our obligations under AML/CTF Laws and reserve the right to reject any such requests. 18.5 Proof of posting or transmission of any notice or statement to you shall be deemed to be proof of receipt of the notice or statement by you at the time when the notice or statement would in the ordinary course be delivered or transmitted notwithstanding the fact that you may not actually receive it. 18.6 If you have, or we believe you have: a. acted fraudulently b. unlawfully misused your Account c. acted in a way that could damage the reputation of the Macquarie Group d. otherwise breached these terms and conditions, then we may close your Account. 18.7 Where there has been or where we believe there has been misconduct on your Account, then we may close your Account. 18.8 We may also close your Cash Account, in our discretion, for any other reason we consider appropriate. 18.9 You acknowledge that Macquarie retains the right not to accept an application that Macquarie decides, in its sole discretion, that it does not wish to accept. 19. Law and jurisdiction These terms and conditions shall be governed in accordance with the laws of New South Wales. If you are not a resident of Australia: a. you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the state of New South Wales and any other court of any other jurisdiction notified to you by us for this purpose b. you agree, on request by us, to appoint an agent for service of process in Australia, and c. you consent to the service of process out of any courts in Australia by mailing of copies of process by certified or registered airmail postage prepaid to you at your address given in the application form or to any appointed process agent. In either case, service will be taken to have been effected on receipt. Nothing in these terms and conditions affects the right to serve process in any other manner permitted by law. 20. General 20.1 We may assign or otherwise deal with our rights under these terms and conditions in any way we consider appropriate provided that we act reasonably. You agree that we may disclose any information or documents that we consider desirable to help us exercise this right. You also agree that we may disclose information or documents at any time to a person to whom we assign our rights under these terms and conditions. 20.2 If anything under these terms and conditions is required to be done on a day that is not a Business Day, Macquarie will, at its discretion, process these on the last preceding Business Day or the following Business Day. 20.3 Unless otherwise indicated, terms used in these terms and conditions have the same meanings as in the Product Information Statement. 21. Trustee representations, warranties and undertakings This clause applies if you are trustee of a trust (the trust named in the application form being referred to as the Trust). 21.1 You, both as trustee of the Trust and in your own right, make the following representations and warranties for our benefit: a. the relevant trust instrument is valid. It complies with the law b. you are properly appointed as sole trustee of the Trust c. you have always complied with the terms of the Trust and its duties and powers. No one has alleged that you have not done so d. you have a right of indemnity from the Trust assets, and e. you have properly signed the application form in accordance with the terms of the Trust and your duties and powers as trustee, or if there is any doubt and all beneficiaries are over 18, you have obtained their consent. 21.2 You, both as trustee of the Trust and in your own right, undertake to us as follows: a. you will comply with your duties as trustee of the Trust b. you will not do anything which may result in the loss of your right of indemnity from the Trust assets c. you will remain sole trustee of the Trust, and d. you will not amend or vary the Trust instrument. 21.3 In these terms and conditions, unless the context requires otherwise, references to any transactions, assets, acts or liabilities of any nature of yours include your transactions, assets, acts or liabilities as trustee, and where you incur any obligation in any way relating to any asset which you hold as trustee, you incur that obligation both in your own right and in your capacity as trustee. 22. Foreign tax residency information – FATCA and CRS 22.1. You must not knowingly do anything to put Macquarie in breach of: a. sections 1471 to 1474 of the US Internal Revenue Code of 1986 (commonly known as FATCA), any associated regulations or official guidance, any agreement with the US Internal Revenue Service relating to FATCA or any Australian laws, regulations or official guidance relating to an intergovernmental agreement between the United States and Australia in connection with FATCA (FATCA Laws) or our internal policies and procedures; or b. our obligations in relation to Common Reporting Standard under the Taxation Administration Act 1953 (Cth) (commonly known as CRS), any associated regulations or official guidance, the OECD Multilateral Competent Authority Agreement on Automatic Exchange of Account Information or any Australian laws, regulations or official guidance in connection with CRS (CRS Laws) or our internal policies and procedures. 22.2 You agree to provide to Macquarie all the information or assistance we may request at any time, (whether as part of the application process or otherwise) to ensure that we are able to comply with our obligations under the FATCA Laws, CRS Laws or our internal policies and procedures. 22.3 In making an application, you consent to Macquarie disclosing in connection with the FATCA Laws, CRS Laws or Macquarie’s internal policies and procedures any of your Personal Information (as defined in the Privacy Act 1988 (Cth) ). 22.4 Macquarie retains the right not to provide products or services to you where we decide, in our sole discretion, that we do not wish to provide, including where information has not been provided as required to comply with FATCA Laws or CRS Laws. 23. Electronic Message Service 23.1 The Electronic Message Service (EMS) is a mechanism by which you are able to electronically receive information regarding contributions from your employer to your Self Managed Super Fund (SMSF), as required under the superannuation law. The EMS is available for clients with this product and accessed online only. By providing our electronic service address to your employer, you are agreeing to be bound by the terms and conditions of the EMS. 23.2 A contribution message (Message) is an electronic message sent to us by your employer providing details relating to a contribution payment made to your SMSF. Your employer is responsible for the content and accuracy of the information provided in the Message. 23.3 Contribution payments and Messages are separate from one another. Receipt of a Message does not ensure or imply a contribution payment has been made. For information on contribution payments or Messages contact the message sender. 23.4 The EMS can be provided either by us or a third party service provider. 23.5 The EMS will be provided until there is a change in the law. 23.6 As part of the EMS we will accept Messages and may notify you when these become available by email or online. Relevant details of your contribution payments will also be available on our website and to any Financial Services Professionals with authority on your Account. 23.7 We will reject any Messages that cannot be matched to an Account. 23.8 We do not provide and are not responsible for: a. reconciling contribution payments to Messages or Messages to trustees of the SMSF, or b. any reporting or consolidation of Messages, or c. removing any Messages which are incorrect. In addition to the above, we are not responsible for any errors in the Message which do not allow us to match the Message to your SMSF. 23.9 You are responsible for: a. complying with all applicable laws relating to your SMSF, and b. contacting the message sender if there are any errors with the information contained in the Message. 23.10 By providing our electronic message address to your employer you are providing consent for us to collect, hold, use and disclose any personal information contained in the Message. Fees, limits and lodgement times Macquarie Cash Management Account – 13 November 2017 This document provides a summary of the fees, limits and lodgement times applicable to the Macquarie Cash Management Account. Fees, limits and lodgement times Macquarie Cash Management Account – 13 November 2017 Please refer to the Macquarie Cash Management Account Product Information Statement and Further Information Guide for more information on this Account. Terms used in this document have the same meaning given to those terms in Macquarie Cash Management Account Product Information Statement and Further Information Guide . 1 Fees and charges 1.1 We will debit your account all fees and charges applicable to the account as set out in this section 1 or as notified to you by us from time to time. 1.2 We may adjust debits and credits to your account, and the balance or interest accrued on your account, in order to accurately reflect your and our legal obligations (for example, because of an error or because a deposited cheque or a direct debit payment is dishonoured). 1.3 The fees in the following table apply for incidental services and special requests in relation to your Account. These fees are payable when you request the relevant services and are debited from your account. Details will be outlined on your statement. Table of fees Product/Service Fees Cheque books (30 cheques) $30.00 Deposit books Free Audit letter fee $60.00 Bank cheques $10.00 each Cancelled bank cheques $6.50 each Dishonoured payments $40.00 each Dishonoured cheque deposits $13.50 each Stopped cheques $10.00 each Special cheque clearance 1 $18.00 each Transaction investigation: Simple trace Complicated trace $30.00 each $60.00 each Foreign currency cheque deposit (refer to the Product Information Statement ) 2 $60.00 each Australian dollar (AUD) draft deposit greater than $10,000 2 $50.00 each Telegraphic Transfer (overseas or domestic) 3 $30.00 each Overseas bank drafts $35.00 each Deposit adjustment 4 $10.00 each Non electronic withdrawal requests for $20,000 or less $10.00 each Statements 5 : Viewed/printed online Paper statement mailing fee Requested via Client Services Free $2.50 per statement $7.00 per request 1 Please send your special clearance requests, together with your cheques to be deposited, directly to Macquarie. Special clearance cannot be requested through NAB. 2 Deducted from the deposit amount. 3 For overseas funds transfers, financial institutions levy charges. If these charges are deducted from the funds, this will result in the beneficiary receiving a lesser amount than transmitted. 4 This fee is charged to you by NAB if cheques deposited do not match the amount indicated on the deposit slip. It is deducted from the deposit amount by NAB and we will notify you by letter if this is the case. 5 Historical statements for up to 10 years are available online. 1.4 We may deduct from your account any government charges or taxes which are introduced or become applicable to your account after commencement. We may change (acting reasonably) these fees or charges from time to time (including introducing new fees and charges, or changing the way fees and charges are calculated or debited to your account). There is no maximum limit for the amount of fees and charges we may impose, however any such charges will be decided at our reasonable discretion. If any law regulates such a change we will only make the change to the extent permitted by, and subject to, the requirements of that law. 1.5 Any failure by us to charge a fee shall not constitute a waiver of that fee or the right to charge that fee in the future. 2 Transaction account limits 2.1 Daily funds transfer limit: The daily limit on your Account is $20,000 per day for funds transfers. If you need to increase this limit, please contact us. There is no daily limit for Electronic Banking transfers to your Nominated Accounts or between your Macquarie Accounts. 2.2 Daily B PAY ® limit: There is no daily limit for B PAY ® payments from your Account. 3 Lodgement times Valid transaction requests must be submitted by the below lodgement times to allow for same day processing. We may not be able to process any requests that are unclear, incomplete or require additional information on the same day. Lodgement times Sydney time Bank cheque requests: submitted by collect cheques after submitted by collect cheques after 9.00am 11.30am 12 noon 2.30pm Non electronic withdrawal requests 6 2.00pm All other non electronic withdrawal requests (including same day transfers) 12 noon Bank transfer requests received online 5.00pm B pay ® requests received online 5.00pm Overseas funds transfers 12 noon Overseas bank drafts 7 12 noon Cheque deposit 8 4.00pm 4 Processing times Immediate funds transfer and B pay ® payment processing times (this does not include non electronic withdrawal requests) Generally, a request will be processed as outlined in the table below: Time instruction received by us Funds transfer – time processed by us B pay ® payment – treated as received by Biller Before the Cash Account cut off time on a Business Day The same Business Day The same Business Day After the Cash Account cut off time on a Business Day The next Business Day The next Business Day On a non-Business Day The next Business Day The next Business Day Scheduled funds transfers and B pay ® payment processing times Scheduled funds transfer and B pay ® payments will be debited to and processed from your Cash Account as outlined in the table below: When the funds transfer/payment is scheduled for Funds transfer – time processed by us B pay ® payment – treated as received by Biller Business Day On the same day On the same day Non-Business Day The previous Business Day The following Business Day Scheduled funds transfers and B pay ® payments may be altered or cancelled before the scheduled date (see section 5 for details of applicable cut off times). 6 Non electronic withdrawal requests that are bank transfers, normally reach clients’ accounts the following Business Day. Bank transfers (excluding B PAY ® ) to Building Societies and Credit Unions may take up to 48 hours. 7 Drafts will be available for same day collection after 4.00pm in Sydney only and after 10.00am the next Business Day in all other states. Overseas funds transfers generally take three to five Business Days, however we cannot guarantee this. 8 Clearance time on cheque deposits is three Business Days. ® Registered to B PAY Pty Ltd ABN 69 079 137 518. There is no daily limit for Electronic Banking transfers to Nominated Accounts 3 MC056 11/17 Delays A delay might occur in the processing of the transaction or non electronic withdrawal requests including where: • there is a public or a bank holiday on the day, or on the day after, you or an Authorised User provide instructions or tell us to make the transaction, or • we need to verify that the transaction is adequately authorised. A delay may also occur where another participant of the B PAY ® Scheme is not complying with its obligations, or there is a system malfunction. We will use reasonable endeavours to correct such delay. Processing deposits Deposits lodged at Macquarie by 4.00pm (Sydney time) on a Business Day usually start earning interest that day. Deposits received after 4.00pm will be processed on the following Business Day. 5 Cut off times All of the times below refer to Sydney time. Immediate cut off times The following cut off times apply to immediate funds transfer and B pay ® payments. This does not apply to non electronic withdrawal requests. Funds transfer B pay ® payment 5.00pm 5.00pm Modification cut off times The following cut off times apply to modification of scheduled funds transfer and B pay ® payments the business day before the payment is due. Funds transfer B pay ® payment 11.00pm 11.00pm Cancellation cut off times The following cut off times apply to cancellation of scheduled funds transfer and B pay ® payments the business day before the payment is due. Funds transfer B pay ® payment 11.00pm 11.00pm For more information about the Macquarie Cash Management Account, clients contact your Financial Services Professional or call 1800 806 310, email transact@macquarie.com or visit macquarie.com.au/personal. Financial Services Professionals contact us on 1800 808 508, email adviser@macquarie.com or visit macquarie.com.au/advisers. For overseas queries call us on +61 7 3233 8136 DriveWealth Customer Account Agreement This Agreement sets forth the terms and conditions under which DriveWealth, LLC (“DriveWealth”) will maintain an account (“Account(s)” or “your Account(s)”) for the Account Holder(s) set forth below (all or any of which shall be hereinafter referred to as “Account Holder”, “you” “your” or “yours”), and receive orders for the purchase and sale of financial products including, without limitation, securities and other assets (“Securities and Other Assets”). This Agreement shall not become effective until accepted by DriveWealth, and such acceptance may only be evidenced by internal records maintained by DriveWealth. This Agreement supersedes any previous agreements you may have made individually with DriveWealth regarding your Account, and if it is held jointly or in other combinations, it supersedes any previous agreements made with DriveWealth by the same parties regarding their Accounts to the extent the subject matter is covered by this Agreement. Applicable Laws and Regulations. All transactions in your Account shall be subject to all applicable U.S. laws, and the rules and regulations of applicable federal, state and self-regulatory agencies, including but not limited to, the Board of Governors of the Federal Reserve System (the “Federal Reserve Board”), the U.S. Securities and Exchange Commission (“SEC”), the Financial Industry Regulatory Authority (“FINRA”), and the constitution, rules, regulations, customs and usages of the exchanges, markets and clearing agencies where transactions are executed, cleared and settled for your Account (“Applicable Law”). Non-disclosure of Confidential and Material, Nonpublic Information. DriveWealth and its affiliates provide a variety of services. In connection with providing these services, employees of DriveWealth and its affiliates may come into possession, from time to time, of confidential and material, nonpublic information. You understand and agree that, in certain circumstances, employees of DriveWealth and its affiliates will have knowledge of certain confidential and material, nonpublic information which, if disclosed, might affect your decision to buy, sell or hold a security, but that they shall be prohibited from communicating such information to you. You also understand and agree that DriveWealth shall have no responsibility or liability to you for failing to disclose such information to you as a result of following those of its policies and procedures that are designed to provide reasonable assurances that it is complying with Applicable Law. Services Provided by DriveWealth. You agree that DriveWealth may provide certain services to you with or through its affiliates. All rights and limitations on liability and obligations of DriveWealth in this Agreement are for the benefit of DriveWealth and each of its present and future affiliates, which, for those purposes, shall be third party beneficiaries of this Agreement. Background Checks. You authorize DriveWealth and any agent it selects to conduct background checks concerning you, and to use, verify and confirm any and all information provided. You also authorize DriveWealth, and any of its or their affiliates, to share among themselves such information and any other confidential information DriveWealth or its affiliates may have about you or your Accounts. You agree that without notifying you, DriveWealth and its agents may conduct additional background checks in connection with any review, renewal or extension of your Account. Transfer of Securities and Other Assets into Account. You agree that all Securities and Other Assets deposited into your Account will be in Good Deliverable Form. “Good Deliverable Form” means that the Securities and Other Assets are freely transferable, properly endorsed, registered and fully negotiable. You agree to give DriveWealth timely and accurate information relating to any restrictions on the sale or transfer of any Securities and Other Assets, including restrictions on the sale or transfer of any Securities and Other Assets that are subject to restrictions on resale under Applicable Law, contract or otherwise, including without limitation, Securities and Other Assets subject to Rules 144 or 145(d) under the Securities Act of 1933 (“Restricted Securities”). You further agree to timely satisfy all legal transfer requirements and to furnish all necessary documents before and after Securities and Other Assets are transferred. Your Responsibility for Your Account. You assume financial responsibility with respect to all transactions in your Account and your investment decisions. You acknowledge that DriveWealth does not provide tax, accounting or legal advice and that you and your advisers are responsible for these matters. You should consult with your tax adviser regarding tax consequences of your investment decisions. Payment and Settlement. You agree that you will pay for any Securities and Other Assets purchased for your Account on or before the settlement date set forth on the confirmation for that transaction or, if earlier, the standard settlement date in the market on which those securities are traded. DriveWealth may, in its discretion, permit you to purchase Securities and Other Assets without free credit balances in your Account. You further agree that each item sold in the Account will be delivered to DriveWealth in Good Deliverable Form on or before settlement date. Proceeds of any sale will not be paid to you before the time at which DriveWealth has received the Securities and Other Assets in Good Deliverable Form and the settlement of the Securities and Other Assets is complete. You agree that in the event that any transaction denominated in a foreign currency is entered into on your behalf or that your Account receives a dividend payment denominated in a foreign currency: (i) any profit or loss arising from a fluctuation in the exchange rate affecting such currency will be entirely for your Account and risk, (ii) all initial and subsequent deposits for margin purposes shall be made in U.S. dollars, in such amounts as DriveWealth may, in its sole discretion, require, and (iii) DriveWealth is authorized to convert funds in your Account into and from such foreign currency at a rate of exchange determined by DriveWealth, in its sole discretion, on the basis of then prevailing money markets, and you will reimburse DriveWealth for any expenses incurred in connection therewith. Rule 144 or 145(d) Restricted or Control Securities. Prior to placing an order for the sale or transfer of Restricted Securities, you agree that DriveWealth must be advised of the status of the securities and furnished with the necessary documents (including opinions of legal counsel, if DriveWealth so requests) or any other required waivers or consents necessary to satisfy legal transfer requirements. These securities may not be sold or transferred until they satisfy legal transfer requirements. Even if necessary documents are furnished in a timely manner, there may be delays in the processing of these securities, which may result in delays in the delivery of securities and the crediting of cash to your Account. You are responsible for, and shall reimburse DriveWealth for, any delays, expenses, losses and damages (including reasonable attorneys’ fees and court costs and expenses) (“Losses”) incurred by DriveWealth that are associated with compliance or failure to comply with all of the requirements and rules relating to Restricted Securities. Abandoned Property. If your account statement is returned to DriveWealth as undeliverable for three (3) consecutive statement periods, and DriveWealth is unable to contact you through reasonable efforts, your account assets may be deemed to be abandoned property and a quarterly abandoned account safekeeping fee may be charged to your account. Internet Communications. DriveWealth will take measures that it believes appropriate to protect the confidentiality of information that it transmits to you over the Internet. You acknowledge, however, that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. You acknowledge that you should not transmit any personal or identifying information (such as account numbers, credit or debit card numbers, Social Security numbers, passport or visa numbers or Passwords) via the Internet unless you are certain that the transmission will be secure and encrypted. You further acknowledge that DriveWealth may be unable to assist you with problems that result from difficulties that you may encounter while logging on to or accessing your electronic communications via the Internet. Electronic Delivery of Communications and Finality. DriveWealth, LLC posts monthly account statements, trade confirmations, and other notices in the Reports section of my online Account. You consent to DriveWealth’s use of this method of delivery. Further, trade confirmations and account statements of your Account shall be binding if you do not object, in writing, within three (3) calendar days in the case of trade confirmations, and ten (10) days in the case of account statements, after transmittal to you by electronic delivery or otherwise. Communications with DriveWealth. You agree that DriveWealth may designate the manner in which you must send different types of communications (including changes in your contact information) to DriveWealth and the addresses to be used for that purpose. DriveWealth need not act upon any communications transmitted in a manner inconsistent with such designations, and DriveWealth shall be permitted a reasonable amount of time, as appropriate under the circumstances, to act in response to any communications if it elects to do so. DriveWealth will have no liability for relying on any directions from, or document signed by, any person that DriveWealth reasonably believes to be you or to be authorized by you to give the direction or sign the document, whether or not the person has the authority to do so. Oral Authorization. You hereby agree that DriveWealth shall incur no liability in acting upon oral instructions given to it concerning your Account, provided such instructions reasonably appear to be genuine. DriveWealth, however, reserves the right to require that you make requests for any transaction or for any withdrawal from your Account, in writing. Power of Attorney or Trading Authorization to Third Party. If you grant a power of attorney or trading authorization to a third party with respect to the Account, you agree that DriveWealth may follow the instructions of that third party in accordance with the authorization. You shall indemnify and hold DriveWealth harmless from and pay promptly any and all Losses arising there from or debit balance due thereon. This indemnity shall be in addition to, and in no way limit or restrict, any rights which DriveWealth may have under such power of attorney or trading authorization or under this or any other agreement between you and DriveWealth, or otherwise. DriveWealth may, with respect to questions of law, apply for and obtain the advice and opinion of counsel, at its expense, and shall be fully protected with respect to anything DriveWealth does or refrains from doing in good faith in conformity with such advice or opinion. Publications. DriveWealth may make available information about securities and investment products, including materials prepared by others. None of this information is personalized or in any way tailored to reflect your personal financial circumstances or investment objectives and the securities or investment strategies discussed might not be suitable for you. Therefore, you should not view the fact that DriveWealth is making this information available to you to be a recommendation to you of any particular security or investment strategy. You agree that DriveWealth has no responsibility for determining the suitability of any transactions for you. Further, you may not re-distribute such information and data without the prior approval of the appropriate party. Security Interest and Lien. You agree that DriveWealth will have a continuing security interest in all Securities and Other Assets in which you have an interest, including any after-acquired property, held by or carried by it or its agents in your Account, as security for payment of all your existing or future obligations and liabilities to DriveWealth, without regard to whether DriveWealth has made loans with respect to such Securities and Other Assets. All such Securities and Other Assets shall be subject to a first, perfected and prior lien, security interest and right of set-off and are held as security by DriveWealth or its agents for the discharge of any indebtedness or any other obligation you may have to DriveWealth, however such obligation may have arisen. In enforcing its security interest, DriveWealth shall have the discretion to determine which Securities and Other Assets are to be sold and the order in which they are to be sold and shall have all the rights and remedies available to a secured creditor under the Uniform Commercial Code of New Jersey as then in effect, in addition to the rights and remedies provided herein or otherwise by Applicable Law. Sell-Outs, Buy-Ins and Cancellation of Orders. DriveWealth is authorized in case of your death or whenever, in its discretion, DriveWealth deems it necessary or appropriate for its protection, without notice to you or your personal representative, and without regard to any tax or other consequences to you, to sell any and all Securities and Other Assets in your Account (either individually or jointly with others), or to cancel all outstanding transactions and to offset any indebtedness in your Account against any other account you may have (either individually or jointly with others). Any such sales or purchases may be made at DriveWealth’s sole discretion on any exchange or market where such business is usually transacted, or at public auction or private sale; and DriveWealth may be the purchaser for its own account. Such sales or purchases may be public or private and may be made without notice or advertisement and in such manner as DriveWealth may, in its discretion, determine. It shall be understood that a prior demand, or call, or prior notice of the time and place of such sale or purchase shall not be considered a waiver of DriveWealth’s right to sell or buy without demand or notice as provided herein. At any such sale or purchase, DriveWealth may purchase or sell the property free of any right of redemption, and you agree to be liable for any deficiency in your Account. If the proceeds from such purchase or sale satisfy your indebtedness to DriveWealth, any money or Securities and Other Assets in your Account in excess of your indebtedness to DriveWealth will be held for your Account. Order Execution. You agree that, subject to the terms of an order, the method of execution of that order is in the sole discretion of DriveWealth. DriveWealth may reject and pre-review your orders or take any other action (which may delay the execution of the order) for any reason, including market conditions, system outages, capacity limitations, pending proprietary or customer orders in the same security, regulatory restrictions and restrictions imposed by DriveWealth with respect to transactions in the particular security. Capacity. You understand that, in connection with purchase and sale transactions in your Account, DriveWealth is acting in an agency capacity unless DriveWealth notifies you, in writing, before the settlement date for the transaction that DriveWealth is acting as a dealer for its own account or as agent for another party. Federated Investors, Inc. and Money Market Funds. Through an agreement with Federated Investors, Inc., DriveWealth is making available a money market fund into which your Account’s free credit balances will be swept. Free credit balances include uninvested deposits, dividends and interest, and funds from transactions, such as sales of stocks. The money market is the Federated Prime Cash Obligations Fund. Your free credit balances are automatically swept into the Federated Prime Cash Obligations Fund. The timing and amounts to be swept will be set according to the terms of the cash sweep feature. Credit balances that are needed to satisfy a settling transaction are not free and are not available for the cash sweep feature. All sweep transactions will appear on your periodic Account statements. These Account statements indicating sweep transactions are provided in lieu of separate confirmations. Minimum investment requirements may exist for the sweep vehicle and money market fund, and also for the various classes within a money market fund. DriveWealth will provide notice to you as part of your (at least) quarterly statement that the balance in the sweep program can be liquidated at your order and returned to you. Also, DriveWealth will provide notice to you before (1) making changes to Terms & Conditions of the sweep program, (2) making changes to the Terms & Conditions of a product currently available through the sweep program, (3) changing, adding or deleting products available through the sweep program or (4) changing the customer’s investment through the sweep program from one product to another. The restrictions, charges, and expenses that investments in the money market fund are subject to will be described in a prospectus delivered to you, which you should read carefully. Federated Money Market Prospectus. Electronic Transaction Clearing, Inc. ("ETC") as Custodian. You authorize ETC to serve as custodian and to select appropriate third parties as custodians for the Securities and Other Assets in your Account and to register any Securities and Other Assets in your Account in the name of ETC or any nominee, including sub-custodians, or to cause the Securities and Other Assets to be registered in the name of, or in the name of any nominee of, a recognized depository clearing organization. ETC as Clearing Agent. Because ETC carries your Account solely as clearing agent for DriveWealth, you hereby acknowledge and agree that: You acknowledge your understanding that, unless ETC provides you written notice to the contrary, ETC and DriveWealth are not affiliated, are not parent and subsidiary, and are separate broker-dealers for all purposes, including regulatory and capital. DriveWealth is not an agent of ETC. ETC accepts from DriveWealth orders and instructions related to your account and ETC does not approve the opening of your Account(s). ETC does not give any investment advice, make suitability determinations, or supervise or oversee DriveWealth or its employees. On your customer statements you will be provided, pursuant to FINRA Rule 4311, a notice which serves to explain the contractual relationship between DriveWealth and ETC and the roles and responsibilities of each with respect to your Account(s). You agree that the rights that DriveWealth has under this Agreement, including but not limited to the right to collect any indebtedness owing in any of your accounts, may be assigned to a third party so that DriveWealth may collect from you. You understand and agree that ETC shall have no responsibility or liability to you for any acts or omissions of DriveWealth, its officers, employees or agents, and that ETC's sole responsibilities to you relate to the clearing and bookkeeping of transactions in your Account. Unless ETC receives from you a written notice to the contrary, ETC shall accept from DriveWealth, without any inquiry or investigation by it (i) orders for the purchase or sale in your Account of Securities and Other Assets, and (ii) any other instructions concerning said Account. Deposits on Cash Transactions. If at any time DriveWealth considers it necessary or appropriate for its protection, it may, in its discretion, require you to deposit cash or collateral in your Account to assure due performance by you of your open contractual commitments. Not Acting as Financial Advisor or Fiduciary. Unless DriveWealth has expressly agreed otherwise, DriveWealth is not acting as a financial advisor or fiduciary with respect to your account or any related transactions. No Free Riding. You will at all times comply with all applicable rules regarding free riding (i.e., paying for the purchase of securities in a Cash Account with the sale proceeds of the same security purchased) and will not violate Regulation T of the Federal Reserve Board. Failure to do so will result in, among other things, your Cash Account being restricted or closed. Fees and Charges. You understand that DriveWealth may charge commissions and other fees for execution of transactions to purchase and sell Securities and Other Assets, and for performing other services or processing other transactions, and you hereby agree to pay such commissions and fees at then prevailing rates. You also understand that such commission and fee rates may be changed from time to time without notice to you, and you agree to be bound thereby. “Long” Sales; Authorization to Purchase or Borrow Securities. In placing any long sell order, you will designate the order as such. The designation of a sell order as being “long” shall constitute a representation by you that (i) you own the security with respect to which the sale order has been placed and (ii) if DriveWealth does not have the security in its possession at the time you place the sell order, you shall deliver the security to DriveWealth by settlement date in Good Deliverable Form. If you fail to deliver securities to DriveWealth in connection with a long sale, you authorize DriveWealth to purchase for your account (buy in) all or a part of the securities sold. In any event, you agree to pay to DriveWealth any losses and expenses it may incur or sustain as a result of DriveWealth’s failure to settle any such transaction on your behalf and for any Losses which DriveWealth may sustain because of its inability to purchase or borrow the security sold. Tax Consequences and Related Information: Non-U.S. Tax Obligations. If you are not a United States-based entity, or are otherwise subject to the jurisdiction of a tax authority other than the Internal Revenue Service, you may be subject to laws, rules, regulations, withholding requirements, tax payments and other obligations related to your account, the transactions therein, and the amounts you pay to DriveWealth for the services provided hereunder (“Foreign Tax Rules”). You agree that, notwithstanding the letter of those Foreign Tax Rules, you shall be liable and responsible for compliance therewith, and shall indemnify and hold harmless DriveWealth from and against any tax obligations or penalties incurred by you or DriveWealth in connection therewith. Transfer of Excess Funds; Exchange Rate Fluctuations. You hereby authorize DriveWealth to transfer excess funds from your Accounts to any of your other Accounts for any reason, but not in conflict with the Commodity Exchange Act. Satisfaction of Indebtedness; Termination. You may terminate this Agreement at any time by written notice to DriveWealth Attention: New Accounts Group, 97 Main St. 2nd Floor, Chatham, NJ, 07928. You agree to satisfy, on demand, any indebtedness when your Account is closed. Your Account may not be closed without DriveWealth first receiving all funds to pay in full for all Securities and Other Assets in which your Account is long. DriveWealth may at any time, with or without notice to you, terminate your Account or any of its features or change their nature, composition or availability. Termination of the Account or any feature will be effective immediately or at a later time if so specified by DriveWealth, except that the relevant parts of this Agreement will remain in effect with respect to all transactions then outstanding. Costs of Collection. In the event that DriveWealth employs counsel or a collection agency to collect any indebtedness which you owe, you agree to pay the reasonable costs of collection, including but not limited to attorneys’ fees, court costs and expenses incurred by DriveWealth in connection with its efforts to collect monies owed to it. Voting of Proxies for Securities in Your Account. DriveWealth may, in accordance with Applicable Law, vote proxies for securities DriveWealth holds as your nominee where DriveWealth has not received voting instructions from you on a timely basis. You agree that DriveWealth will not be responsible or liable for failing or refraining to vote any proxies where DriveWealth has not received proxies or related shareholder communications on a timely basis. Waiver, Assignment and Modification. You agree that DriveWealth may change the terms of this Agreement by giving you notice of the new terms. You agree that you and your Account will be bound by the changes through any subsequent use of your Account, or if you do not close your Account, within fifteen (15) calendar days of being notified of the changes. Except as specifically permitted in this Agreement, no provision of this Agreement will be deemed waived, altered, modified or amended unless agreed to in writing by DriveWealth. DriveWealth’s failure to insist on strict compliance with this Agreement or any other course of conduct on our part will not be deemed a waiver of DriveWealth’s rights under this Agreement. You may not assign this Agreement to any third party without the written consent of DriveWealth. Any assignment in violation of this Agreement shall be void. DriveWealth may assign any of its rights and obligations in this Agreement to its affiliates and successors without giving you notice. New Jersey Law to Govern. This Agreement shall be deemed to have been made in the State of New Jersey and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the State of New Jersey without giving effect to the choice of law or conflict of law provisions thereof. Restrictions on Trading. You understand that DriveWealth may, in its sole discretion, prohibit or restrict trading of Securities and Other Assets or substitution of Securities and Other Assets in the Account. Binding upon Customer’s Estate. If you are a natural person, you agree that your estate shall promptly notify DriveWealth in writing of your death and your guardian shall promptly notify DriveWealth in writing upon your incompetence. You hereby agree that this Agreement and all the terms thereof shall be binding upon your heirs, executors, administrators, guardians, personal representatives and permitted assigns. Age and Employment Affiliations. If an individual, you represent that you are of the age of majority. You also represent that you are not (a) an employee of, or affiliated with any national securities exchange or the FINRA, another member firm of a national securities exchange or the FINRA, or a bank, trust company or insurance company, or (b) a director, 10% beneficial shareholder, policy-making officer, or otherwise an affiliate (as that term is defined in Rule 144 under the Securities Act of 1933) of a publicly traded-company, unless you have notified DriveWealth to that effect, and that you will promptly notify DriveWealth if you become so employed or affiliated. Severability, Non-Waiver. If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement. Entire Understanding. This Agreement together with any other agreements you and DriveWealth enter into, as amended or supplemented from time to time, relating to the Account or to particular products or services, any procedures established by DriveWealth with respect to the use of the Account and terms contained on statements and confirmations sent to you by or on behalf of DriveWealth, contain the entire understanding between you and DriveWealth concerning the subject matter of this Agreement. Shareholder Communications. Under SEC Rule 14b-1(c), DriveWealth is required to disclose to an issuer, upon request, the name, address and security positions of account holders who are beneficial owners of that issuer’s securities unless the account owner specifically objects to such disclosure. Joint Account (Applicable to Joint Accounts Only). You agree that each of you has the authority on behalf of this Account to buy, sell, and otherwise deal in Securities and Other Assets; to receive for the Account confirmations, statements and other communications of every kind; to receive and dispose of the Account Securities and Other Assets; to make for the Account agreements relating to these matters and to terminate or modify them or waive any of the provisions thereof; and generally to deal with DriveWealth as if each of you alone were the owner of the Account, all without notice to the other joint Account owner(s). Your liability for the Account shall be joint and several. You agree that DriveWealth may follow the instructions of any of you concerning this Account and make deliveries to any of you of any or all Securities and Other Assets in your Account, and make payments to any of you of any or all monies in the Account, as any of you may order or direct, even if such deliveries and payments shall be made to one of you personally, and not for the Account. DriveWealth shall be under no obligation to inquire into the purpose of any such demand for delivery of Securities and Other Assets or payment, and shall not be bound to see to the application of disposition of the Securities and Other Assets and monies so delivered or paid to any of you. In the event of the death of any of you, the survivor(s) shall immediately give DriveWealth written notice thereof, and DriveWealth may, before or after receiving such notice, take such action, require such documents, retain such portion or restrict transactions in the Account as it may deem necessary or appropriate to protect itself against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of any of you who shall have died shall be liable and each survivor will be liable, jointly and severally, to DriveWealth for any debt or loss in this Account resulting from the completion of transactions initiated prior to DriveWealth’s receipt of a written notice of such death or incurred in the liquidation of the Account or the adjustment of the interests of the respective parties. Any taxes or other expenses becoming a lien against or payable out of the Account as the result of the death of any of you, or through the exercise by the estate or representatives of any rights in the Account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent’s estate from any liability provided for in this Agreement. Laws regulating joint ownership of property vary. Bankruptcy or Attachment. You agree to promptly notify DriveWealth in writing in the event of your bankruptcy or insolvency, and if you are not a natural person, of your reorganization, dissolution, termination or similar condition involving you or your parent company. If your Account is a joint account with two or more owners, each person indicated in the title to the Account who executes this Agreement (each, a “Joint Owner”), agrees to give DriveWealth written notice in the event of bankruptcy, insolvency, reorganization, dissolution or similar condition of any other Joint Owner. In the event that: (a) DriveWealth is advised of the involuntary application for protection under the applicable bankruptcy laws or the appointment of a receiver for you or your parent company or otherwise is informed of the insolvency, reorganization, dissolution or similar condition of you or your parent company or (b) DriveWealth is served with any lien, levy, garnishment or similar process with respect to you or your Account, then DriveWealth may, but is not required to, immediately take any action which DriveWealth in its sole discretion may believe necessary or appropriate for its own protection, including without limitation, selling out any positions in your Account to satisfy any obligations you have to DriveWealth, without regard to any tax or other consequences of such action to you, with or without notice to you and without liability therefore. LIMITED LIABILITY. DRIVEWEALTH SHALL NOT BE LIABLE IN CONNECTION WITH THE ENTERING, EXECUTION, HANDLING, SELLING OR PURCHASING OF SECURITIES AND OTHER ASSETS OR TAKING ANY OTHER ACTION FOR YOUR ACCOUNTS, EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON ITS PART. DRIVEWEALTH’S LIABILITY IN ANY SUCH EVENT SHALL BE LIMITED TO ACTUAL DAMAGES PROVEN WITH REASONABLE CERTAINTY, RESULTING SOLELY AND DIRECTLY FROM SUCH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THAT ARE PROVEN TO HAVE BEEN WITHIN THE CONTEMPLATION OF THE PARTIES AS OF THE DATE OF EXECUTION OF THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DRIVEWEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER LOSSES (REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE). Indemnity. DriveWealth shall not be liable for and you agree to reimburse, indemnify and hold DriveWealth and each of its directors, officers and employees and any person controlling or controlled by DriveWealth harmless from Losses that result from: (a) you or your agent’s misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) DriveWealth’s following your or your agent’s directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or custodian, and (d) the failure by any person not controlled by DriveWealth to perform any obligations to you. Force Majeure. DriveWealth shall not be liable for losses caused directly or indirectly by government restrictions, exchange or market rulings, suspension of trading, war, acts of terrorism, strikes, failures of the mails or other communications systems, mechanical or electronic failure, failure of third parties to follow instructions, for other causes commonly known as “acts of God”, or for any other cause not reasonably within DriveWealth’s control, whether or not such cause was reasonably foreseeable. DriveWealth shall not be liable for losses caused by general market conditions that were not directly related to DriveWealth’s violation of this Agreement. Monitoring Your Account. You acknowledge and agree that DriveWealth may monitor and record telephone and any other communications between DriveWealth and you that occur over any network, including telephone, cable and wireless networks and the Internet, and DriveWealth may use the resulting information for internal purposes or as may be required by Applicable Law. Any such monitoring and recording will be carried out consistent with DriveWealth’s Privacy Policy. Headings. The heading of each provision of this Agreement is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision. Counterparts. This Agreement may be executed in any number of counterparts by you, each of which will constitute an original, and all of which, when taken together, shall constitute one and the same instrument. SIPC. DriveWealth is a member of the Securities Investor Protection Corporation (“SIPC”). SIPC currently protects the securities and cash in your Account up to $500,000 of which $250,000 may be in cash. The SIPC does not protect against the market risks associated with investing. You acknowledge that, for purposes of SIPC, money market balances are considered securities. Securities and other assets held in your Account (except brokered certificates of deposit) are not insured by the Federal Deposit Insurance Corporation (“FDIC”) and are subject to investment risks, including possible loss of the principal amount invested. To obtain information on SIPC, including the SIPC Brochure, go to www.SIPC.org or contact SIPC directly at (202)371-8300. Disclosures. Payment for Order Flow Disclosure. Depending on the security traded, equity orders are routed to market centers (i.e., broker-dealers, primary exchanges or electronic communication networks) for execution. Routing decisions are based on a number of factors including the size of the order, the opportunity for price improvement and the quality of order executions, and decisions are regularly reviewed to ensure the duty of best execution is met. DriveWealth may receive compensation or other consideration for the placing of orders with market centers for execution, allowing it to provide customers with lower commission costs. The amount of the compensation depends on the agreement reached with each venue. The source and nature of compensation relating to the undersigned’s transactions will be furnished upon written request. Remuneration for Introduction Disclosure. If you as a customer of DriveWealth request a product that DriveWealth does not offer, DriveWealth may introduce you to another broker-dealer or Forex Dealer Member. DriveWealth may receive remuneration for such introduction. Arbitration.This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement the parties agree as follows: All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement. Subject to the preceding disclosures, you agree that any and all controversies which may arise between you and DriveWealth concerning your Account, any transaction or the construction, performance or breach of this or any other agreement between you and DriveWealth, whether entered into prior, on or subsequent to the date hereof, shall be determined by arbitration. Any arbitration under this Agreement shall be determined before FINRA Dispute Resolution, Inc. (“FINRA DR”) or an exchange of which DriveWealth is a member in accordance with the rules of that particular regulatory agency then in effect. You may elect in the first instance whether arbitration shall be by FINRA DR or a specific national securities exchange of which DriveWealth is a member, but if you fail to make such election by registered letter or telegram to DriveWealth at its main office within five (5) days after you receive a written request from DriveWealth that you make such election, then DriveWealth shall make the election as to the arbitration forum which will have jurisdiction over the dispute. Judgment upon arbitration awards may be entered in any court, state or federal, having jurisdiction. No person shall bring a putative or certified class action to arbitration, not seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein. PLEASE RETAIN A DUPLICATE COPY OF THIS ENTIRE AGREEMENT FOR YOUR RECORDS. Google Cloud Platform Terms of Service Last modified: Jun 27, 2018 | Previous Versions If you are accessing the Google Cloud Platform Services as a customer of a Google Cloud Platform reseller, the terms below do not apply to you, and your agreement with your reseller governs your use of the Google Cloud Platform Services. If you signed an offline variant of this Agreement for use of the Google Cloud Platform Services under the same Google Cloud Platform Account, the terms below do not apply to you, and your offline terms govern your use of the Google Cloud Platform Services. If your billing account is in India, please review these Terms of Service, which apply to your use of Google Cloud Platform. If your billing account is in Brazil, please review these Terms of Service, which apply to your use of Google Cloud Platform. Se a sua conta para faturamento é no Brasil, por gentileza veja o Termos de Serviço, que será o Termo aplicável à sua utilização da Google Cloud Platform. Google Cloud Platform License Agreement This Google Cloud Platform License Agreement (the "Agreement") is made and entered into by and between Google and the entity or person agreeing to these terms ("Customer"). "Google" means either (i) Google Commerce Limited (“GCL”), a company incorporated under the laws of Ireland, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer has a billing address in the EU or Turkey and has chosen “non-business” as the tax status/setting for its Google account, (ii) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Customer's billing address is in any country within Europe, the Middle East, or Africa ("EMEA"), (iii) Google Asia Pacific Pte. Ltd., with offices at 70 Pasir Panjang Road, #03-71, Mapletree Business City II Singapore 117371, if Customer's billing address is in any country within the Asia Pacific region ("APAC") except as provided below for Customers with the billing address in Japan or Australia, (iv) Google Cloud Japan G.K., with offices at Roppongi Hills Mori Tower, 10-1, Roppongi 6-chome, Minato-ku Tokyo, if Customer’s billing address is in Japan, (v) Google Australia Pty Ltd., with offices at Level 5, 48 Pirrama Road, Pyrmont, NSW 2009 Australia, if Customer’s billing address is in Australia, (vi) Google Cloud Canada Corporation, with offices at 111 Richmond Street West, Toronto, ON M5H 2G4, Canada, if Customer’s billing address is in Canada, or (vii) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Customer's billing address is in any country in the world other than those in EMEA and APAC. This Agreement is effective as of the date Customer clicks to accept the Agreement (the "Effective Date"). If you are accepting on behalf of Customer, you represent and warrant that: (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer's access to and use of the Service. For an offline variant of this Agreement, you may contact Google for more information. 1. Provision of the Services. 1.1 Services Use. Subject to this Agreement, during the Term, Customer may: (a) use the Services, (b) integrate the Services into any Application that has material value independent of the Services, and (c) use any Software provided by Google as part of the Services. Customer may not sublicense or transfer these rights except as permitted under the Assignment section of the Agreement. 1.2 Console. Google will provide the Services to Customer. As part of receiving the Services, Customer will have access to the Admin Console, through which Customer may administer the Services. 1.3 Facilities. All facilities used to store and process an Application and Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Google processes and stores its own information of a similar type. Google has implemented at least industry standard systems and procedures to (i) ensure the security and confidentiality of an Application and Customer Data, (ii) protect against anticipated threats or hazards to the security or integrity of an Application and Customer Data, and (iii) protect against unauthorized access to or use of an Application and Customer Data. 1.4 Data Location. Customer may select where certain Customer Data will be stored (“Data Location Selection”), and Google will store it there in accordance with the Service Specific Terms. If a Data Location Selection is not covered by the Service Specific Terms (or a Data Location Selection is not made by Customer with respect to any Customer Data), Google may process and store the Customer Data anywhere Google or its agents maintain facilities. By using the Services, Customer consents to this processing and storage of Customer Data. Under this Agreement, Google is merely a data processor. 1.5 Accounts. Customer must have an Account and a Token (if applicable) to use the Services, and is responsible for the information it provides to create the Account, the security of the Token and its passwords for the Account, and for any use of its Account and the Token. If Customer becomes aware of any unauthorized use of its password, its Account or the Token, Customer will notify Google as promptly as possible. Google has no obligation to provide Customer multiple Tokens or Accounts. 1.6 New Applications and Services. Google may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the "Services" definition from time to time (by adding them at the URL set forth under that definition), the use of which may be contingent upon Customer’s agreement to additional terms. 1.7 Modifications. a. To the Services. Google may make commercially reasonable updates to the Services from time to time. If Google makes a material change to the Services, Google will inform Customer, provided that Customer has subscribed with Google to be informed about such change. b. To the Agreement. Google may make changes to this Agreement, including pricing (and any linked documents) from time to time. Unless otherwise noted by Google, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. Google will provide at least 90 days’ advance notice for materially adverse changes to any SLAs by either: (i) sending an email to Customer’s primary point of contact; (ii) posting a notice in the Admin Console; or (iii) posting a notice to the applicable SLA webpage. If Customer does not agree to the revised Agreement, please stop using the Services. Google will post any modification to this Agreement to the Terms URL. c. To the Data Processing and Security Terms. Google may only change the Data Processing and Security Terms where such change is required to comply with applicable law, applicable regulation, court order, or guidance issued by a governmental regulator or agency, where such change is expressly permitted by the Data Processing and Security Terms, or where such change: (i) is commercially reasonable; (ii) does not result in a degradation of the overall security of the Services; (iii) does not expand the scope of or remove any restrictions on Google’s processing of Customer Personal Data, as described in Section 5.2 (Scope of Processing) of the Data Processing and Security Terms; and (iv) does not otherwise have a material adverse impact on Customer’s rights under the Data Processing and Security Terms. If Google makes a material change to the Data Processing and Security Terms in accordance with this Section, Google will post the modification to the URL containing those terms. 1.8 Service Specific Terms and Data Processing and Security Terms. The Service Specific Terms and Data Processing and Security Terms are incorporated by this reference into the Agreement. 2. Payment Terms. 2.1 Free Quota. Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable. 2.2 Online Billing. At the end of the applicable Fee Accrual Period, Google will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on (i) Customer’s use of the Services during the previous Fee Accrual Period (including, if any, the relevant Fee for TSS set forth in the Fees definition below); (ii) any Reserved Units selected; (iii) any Committed Purchases selected; and/or (iv) any Package Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in the currency set forth in the invoice. If Customer elects to pay by credit card, debit card, or other non-invoiced form of payment, Google will charge (and Customer will pay) all Fees immediately at the end of the Fee Accrual Period. If Customer elects to pay by invoice (and Google agrees), all Fees are due as set forth in the invoice. Customer’s obligation to pay all Fees is non-cancellable. Google's measurement of Customer’s use of the Services is final. Google has no obligation to provide multiple bills. Payments made via wire transfer must include the bank information provided by Google. If Customer has entered into the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom. 2.3 Taxes. (a) Customer is responsible for any Taxes, and Customer will pay Google for the Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to Customer, unless Customer provides Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Google, Customer must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Services are subject to local VAT and the Customer is required to make a withholding of local VAT from amounts payable to Google, the value of Services calculated in accordance with the above procedure will be increased (grossed up) by the Customer for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by the Customer and Customer will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority). (b) If required under applicable law, Customer will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. Customer will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by the Customer. 2.4 Invoice Disputes & Refunds. Any invoice disputes must be submitted prior to the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and Customer will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Services. Nothing in this Agreement obligates Google to extend credit to any party. 2.5 Delinquent Payments; Suspension. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Google in collecting such delinquent amounts. If Customer is late on payment for the Services, Google may suspend the Services or terminate the Agreement for breach pursuant to Section 9.2. 2.6 No Purchase Order Number Required. For clarity, Customer is obligated to pay all applicable Fees without any requirement for Google to provide a purchase order number on Google’s invoice (or otherwise). 3. Customer Obligations. 3.1 Compliance. Customer is solely responsible for its Applications, Projects, and Customer Data and for making sure its Applications, Projects, and Customer Data comply with the AUP. Google reserves the right to review the Application, Project, and Customer Data for compliance with the AUP. Customer is responsible for ensuring all Customer End Users comply with Customer’s obligations under the AUP, the Service Specific Terms, and the restrictions in Sections 3.3 and 3.5 below. 3.2 Privacy. Customer will obtain and maintain any required consents necessary to permit the processing of Customer Data under this Agreement. 3.3 Restrictions. Customer will not, and will not allow third parties under its control to: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 3.4 below and except to the extent such restriction is expressly prohibited by applicable law); (b) use the Services for High Risk Activities; (c) sublicense, resell, or distribute any or all of the Services separate from any integrated Application; (d) create multiple Applications, Accounts, or Projects to simulate or act as a single Application, Account, or Project (respectively) or otherwise access the Services in a manner intended to avoid incurring Fees; (e) unless otherwise set forth in the Service Specific Terms, use the Services to operate or enable any telecommunications service or in connection with any Application that allows Customer End Users to place calls or to receive calls from any public switched telephone network; or (f) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State. Unless otherwise specified in writing by Google, Google does not intend uses of the Services to create obligations under HIPAA, and makes no representations that the Services satisfy HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as defined in HIPAA, Customer will not use the Services for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless Customer has received prior written consent to such use from Google. 3.4 Third Party Components. Third party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third party license expressly supersedes this Agreement, that third party license governs Customer’s use of that third party component. 3.5 Documentation. Google may provide Documentation for Customer’s use of the Services. The Documentation may specify restrictions (e.g. attribution or HTML restrictions) on how the Applications may be built or the Services may be used and Customer will comply with any such restrictions specified. 3.6 Copyright Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to applicable copyright laws including in particular the process set out in the U.S. Digital Millennium Copyright Act. If Customer thinks somebody is violating Customer’s or Customer End Users’ copyrights and wants to notify Google, Customer can find information about submitting notices, and Google's policy about responding to notices at http://www.google.com/dmca.html. 4. Suspension and Removals. 4.1 Suspension/Removals. If Customer becomes aware that any Application, Project, or Customer Data violates the AUP, Customer will immediately suspend the Application or Project and/or remove the relevant Customer Data (as applicable). If Customer fails to suspend or remove as noted in the prior sentence, Google may specifically request that Customer do so. If Customer fails to comply with Google’s request to do so within twenty-four hours, then Google may disable the Project or Application, and/or disable the Account (as may be applicable) until such violation is corrected. 4.2 Emergency Security Issues. Despite the foregoing, if there is an Emergency Security Issue, then Google may automatically suspend the offending Application, Project, and/or Account. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or resolve the Emergency Security Issue. If Google suspends an Application, Project, or the Account, for any reason, without prior notice to Customer, at Customer’s request, Google will provide Customer the reason for the suspension as soon as is reasonably possible. 5. Intellectual Property Rights; Use of Customer Data; Feedback; Benchmarking. 5.1 Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application or Project (if applicable), and Google owns all Intellectual Property Rights in the Services and Software. 5.2 Use of Customer Data. Google will not access or use Customer Data, except as necessary to provide the Services and TSS to Customer. 5.3 Customer Feedback. If Customer provides Google Feedback about the Services, then Google may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Google all right, title, and interest in that Feedback. 5.4 Benchmarking. Customer may not publicly disclose directly or through a third party the results of any comparative or compatibility testing, benchmarking, or evaluation (each, a “Test”) of the Services, unless the disclosure includes all information necessary for Google or a third party to replicate the Test. If Customer conducts, or directs a third party to conduct, a Test of the Services and publicly discloses the results directly or through a third party, then Google (or a Google-directed third party) may conduct Tests of any publicly available products or services provided by Customer and publicly disclose the results of any such Test (which disclosure will include all information necessary for Customer or a third party to replicate the Test). To the extent this Section 5.4 conflicts with any other Customer product or service terms, this Section 5.4 will govern. 6. Technical Support Services 6.1 By Customer. Customer is responsible for technical support of its Applications and Projects. 6.2 By Google. Subject to payment of applicable support Fees, Google will provide TSS to Customer during the Term in accordance with the TSS Guidelines. Certain TSS levels include a minimum recurring Fee as described in the "Fees" definition below. If Customer downgrades its TSS level during any calendar month, Google may continue to provide TSS at the same level and TSS Fees before the downgrade for the remainder of that month. 7. Deprecation of Services 7.1 Discontinuance of Services. Subject to Section 7.2, Google may discontinue any Services or any portion or feature for any reason at any time without liability to Customer. 7.2 Deprecation Policy. Google will announce if it intends to discontinue or make backwards incompatible changes to the Services specified at the URL in the next sentence. Google will use commercially reasonable efforts to continue to operate those Services versions and features identified at https://cloud.google.com/terms/deprecation without these changes for at least one year after that announcement, unless (as Google determines in its reasonable good faith judgment): (i) required by law or third party relationship (including if there is a change in applicable law or relationship), or (ii) doing so could create a security risk or substantial economic or material technical burden. The above policy is the "Deprecation Policy." 8. Confidential Information. 8.1 Obligations. The recipient will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. 8.2 Required Disclosure. Notwithstanding any provision to the contrary in this Agreement, the recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to: (i) promptly notify the other party of such disclosure before disclosing; and (ii) comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could: (a) result in a violation of Legal Process; (b) obstruct a governmental investigation; and/or (c) lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and Customer End Users’ use of the Services. 9. Term and Termination. 9.1 Agreement Term. The “Term” of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in Section 9 of this Agreement. 9.2 Termination for Breach. Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches. In addition, Google may terminate any, all, or any portion of the Services or Projects, if Customer meets any of the conditions in Section 9.2(i), (ii), and/or (iii). 9.3 Termination for Inactivity. Google reserves the right to terminate the provision of the Service(s) to a Project upon 30 days advance notice if, for a period of 60 days (i) Customer has not accessed the Admin Console or the Project has had no network activity; and (ii) such Project has not incurred any Fees for such Service(s). 9.4 Termination for Convenience. Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Google may terminate this Agreement for its convenience at any time without liability to Customer. 9.5 Effect of Termination. If the Agreement is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees owed by Customer to Google are immediately due upon receipt of the final electronic bill; (iii) Customer will delete the Software, any Application, Instance, Project, and any Customer Data; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information of the other party. 10. Publicity. Customer is permitted to state publicly that it is a customer of the Services, consistent with the Trademark Guidelines. If Customer wants to display Google Brand Features in connection with its use of the Services, Customer must obtain written permission from Google through the process specified in the Trademark Guidelines. Google may include Customer’s name or Brand Features in a list of Google customers, online or in promotional materials. Google may also verbally reference Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party’s right to use its Brand Features under this Section with written notice to the other party and a reasonable period to stop the use. 11. Representations and Warranties. Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. Google warrants that it will provide the Services in accordance with the applicable SLA (if any). 12. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. GOOGLE AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICES. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS APPLICATION, PROJECT, AND CUSTOMER DATA. NEITHER GOOGLE NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES. 13. Limitation of Liability. 13.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE’S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. 13.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE’S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. 13.3 Exceptions to Limitations. These limitations of liability do not apply to violations of a party’s Intellectual Property Rights by the other party, indemnification obligations, or Customer's payment obligations. 14. Indemnification. 14.1 By Customer. Unless prohibited by applicable law, Customer will defend and indemnify Google and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from: (i) any Application, Project, Instance, Customer Data or Customer Brand Features; or (ii) Customer’s, or Customer End Users’, use of the Services in violation of the AUP. 14.2 By Google. Google will defend and indemnify Customer and its Affiliates against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising solely from an Allegation that use of (a) Google’s technology used to provide the Services or (b) any Google Brand Feature infringes or misappropriates the third party’s patent, copyright, trade secret, or trademark. 14.3 Exclusions. This Section 14 will not apply to the extent the underlying Allegation arises from: a. the indemnified party’s breach of this Agreement; b. modifications to the indemnifying party’s technology or Brand Features by anyone other than the indemnifying party; c. combination of the indemnifying party’s technology or Brand Features with materials not provided by the indemnifying party; or d. use of non-current or unsupported versions of the Services or Brand Features; 14.4 Conditions. Sections 14.1 and 14.2 will apply only to the extent: a. The indemnified party has promptly notified the indemnifying party in writing of any Allegation(s) that preceded the Third-Party Legal Proceeding and cooperates reasonably with the indemnifying party to resolve the Allegation(s) and Third-Party Legal Proceeding. If breach of this Section 14.4(a) prejudices the defense of the Third-Party Legal Proceeding, the indemnifying party’s obligations under Section 14.1 or 14.2 (as applicable) will be reduced in proportion to the prejudice. b. The indemnified party tenders sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed. 14.5 Remedies. a. If Google reasonably believes the Services might infringe a third party’s Intellectual Property Rights, then Google may, at its sole option and expense: (a) procure the right for Customer to continue using the Services; (b) modify the Services to make them non-infringing without materially reducing their functionality; or (c) replace the Services with a non-infringing, functionally equivalent alternative. b. If Google does not believe the remedies in Section 14.5(a) are commercially reasonable, then Google may suspend or terminate Customer’s use of the impacted Services. 14.6 Sole Rights and Obligations. Without affecting either party’s termination rights, this Section 14 states the parties’ only rights and obligations under this Agreement for any third party's Intellectual Property Rights Allegations and Third-Party Legal Proceedings. 15. U.S. Federal Agency Users. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable Federal Acquisition Regulations and their agency supplements. 16. Miscellaneous. 16.1 Notices. All notices must be in writing and addressed to the other party’s legal department and primary point of contact. The email address for notices being sent to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable). 16.2 Assignment. Neither party may assign any part of this Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of this Agreement; (b) the assigning party remains liable for obligations under the Agreement if the assignee defaults on them; and (c) the assigning party has notified the other party of the assignment. Any other attempt to assign is void. 16.3 Change of Control. If a party experiences a change of Control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) that party will give written notice to the other party within thirty days after the change of Control; and (b) the other party may immediately terminate this Agreement any time between the change of Control and thirty days after it receives that written notice. 16.4 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control. 16.5 No Agency. This Agreement does not create any agency, partnership or joint venture between the parties. 16.6 No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement. 16.7 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. 16.8 No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does. 16.9 Equitable Relief. Nothing in this Agreement will limit either party’s ability to seek equitable relief. 16.10 U.S. Governing Law. a. For U.S. City, County, and State Government Entities. If Customer is a U.S. city, county or state government entity, then the Agreement will be silent regarding governing law and venue. b. For U.S. Federal Government Entities. If Customer is a U.S. federal government entity then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, EXCLUDING ITS CONFLICT OF LAWS RULES. SOLELY TO THE EXTENT PERMITTED BY FEDERAL LAW: (I) THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES) WILL APPLY IN THE ABSENCE OF APPLICABLE FEDERAL LAW; AND (II) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA. c. For All Other Entities. If Customer is any entity not set forth in Section 16.10(a) or (b) then the following applies: ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE’S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. 16.11 Amendments. Except as set forth in Section 1.7(b) or (c), any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement. 16.12 Survival. The following Sections will survive expiration or termination of this Agreement: 5, 8, 9.5, 13, 14, and 16. 16.13 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Google may provide an updated URL in place of any URL in this Agreement. 16.14 Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms at any URL. If Google provides this Agreement in more than one language for the country of your billing address, and there is a discrepancy between the English text and the translated text, the English text will govern. 16.15 Definitions. "Account" means Customer’s Google Cloud Platform account. "Admin Console" means the online console(s) and/or tool(s) provided by Google to Customer for administering the Services. "Affiliate" means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party. "Allegation" means an unaffiliated third party’s allegation. "Application(s)" means any web or other application Customer creates using the Services, including any source code written by Customer to be used with the Services, or hosted in an Instance. "AUP" means the acceptable use policy set forth here for the Services: http://cloud.google.com/terms/aup "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. "Committed Purchase(s)" have the meaning set forth in the Service Specific Terms. "Confidential Information" means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient. Subject to the preceding sentence, Customer Data is considered Customer’s Confidential Information. "Control" means control of greater than fifty percent of the voting rights or equity interests of a party. "Customer Data" means content provided to Google by Customer (or at its direction) via the Services under the Account. "Customer End Users" means the individuals Customer permits to use the Application. "Data Processing and Security Terms" means the terms set forth at: https://cloud.google.com/terms/data-processing-terms. "Documentation" means the Google documentation (as may be updated from time to time) in the form generally made available by Google to its customers for use with the Services at https://cloud.google.com/docs/. "Emergency Security Issue" means either: (a) Customer’s or Customer End Users’ use of the Services in violation of the AUP, which could disrupt: (i) the Services; (ii) other customers’ or their customer end users’ use of the Services; or (iii) the Google network or servers used to provide the Services; or (b) unauthorized third party access to the Services. "Fee Accrual Period" means a calendar month or another period specified by Google in the Admin Console. "Fee Threshold" means the threshold (as may be updated from time to time), as applicable for certain Services, as set forth here: https://cloud.google.com/skus/. “Feedback” means feedback or suggestions about the Services provided to Google by Customer. "Fees" means the applicable fees for each Service and any applicable Taxes. The Fees for each Service are set forth here: https://cloud.google.com/skus/. “High Risk Activities” means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage (such as operation of nuclear facilities, air traffic control, life support systems, or weaponry). "HIPAA" means the Health Insurance Portability and Accountability Act of 1996 as it may be amended from time to time, and any regulations issued under it. "Indemnified Liabilities" means any (i) settlement amounts approved by the indemnifying party; and (ii) damages and costs finally awarded against the indemnified party and its Affiliates by a court of competent jurisdiction. "Instance" means a virtual machine instance, configured and managed by Customer, which runs on the Services. Instances are more fully described in the Documentation. "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights. "Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process. "Package Purchase" has the meaning set forth in the Service Specific Terms. "Project" means a grouping of computing, storage, and API resources for Customer, and via which Customer may use the Services. Projects are more fully described in the Documentation. "Reserved Capacity Units" have the meaning set forth in the Service Specific Terms. "Reserved Unit Term" has the meaning set forth in the Service Specific Terms. "Reserved Units" have the meaning set forth in the Service Specific Terms. "Service Specific Terms" means the terms specific to one or more Services set forth here: https://cloud.google.com/terms/service-terms. "Services" means the services as set forth here: https://cloud.google.com/terms/services (including any associated APIs). "SLA" means each of the then-current service level agreements at: https://cloud.google.com/terms/sla/. "Software" means any downloadable tools, software development kits or other such proprietary computer software provided by Google in connection with the Services, which may be downloaded by Customer, and any updates Google may make to such Software from time to time. "Taxes" means any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Services, including any related penalties or interest. "Term" has the meaning set forth in Section 9 of this Agreement. "Terms URL" means the following URL set forth here: https://cloud.google.com/terms/. "Third-Party Legal Proceeding" means any formal legal proceeding filed by an unaffiliated third party before a court or government tribunal (including any appellate proceeding). "Token" means an alphanumeric key that is uniquely associated with Customer’s Account. "Trademark Guidelines" means Google’s Guidelines for Third Party Use of Google Brand Features, located at: http://www.google.com/permissions/guidelines.html. "TSS" means the technical support service provided by Google to the administrators under the TSS Guidelines. "TSS Guidelines" means Google’s technical support services guidelines then in effect for the Services. TSS Guidelines are at the following URL: https://cloud.google.com/terms/tssg/ (under Google Cloud Platform Services). Supplemental Terms and Conditions For Google Cloud Platform Free Trial These Supplemental Terms and Conditions for Google Cloud Platform Free Trial (“Free Trial Terms and Conditions”) are an addendum to the Google Cloud Platform License Agreement, and apply to Customer‘s participation in the Google Cloud Platform Free Trial (“Free Trial”). Capitalized terms not defined in the Free Trial Terms and Conditions will have the meanings given to them in the Google Cloud Platform License Agreement. 1. Conditions. 1.1 The Free Trial applies only to the use of the Services. 1.2 Only new Google Cloud Platform customers are eligible to participate in the Free Trial. 1.3 The Free Trial starts when Customer creates a billing account in the Google Cloud Console (“Free Trial Start Date”) and ends on the earlier of (i) the date that Customer’s fees for usage exceeds $300 or (ii) 12 months from the Free Trial Start Date. 2. Limitations. During the Free Trial: 2.1 Customer’s use of Google Compute Engine is restricted to only eight cores of concurrent usage per Free Trial (as further described in Documentation); 2.2 Customer may not use the Services to engage in mining cryptocurrency; 2.3 Certain Services and features will not be available under the Free Trial, as indicated in the Google Cloud Console; and 2.4 The SLAs do not apply. 3. Upgrading to Standard Google Cloud Platform Account. 3.1 At any time during the Free Trial, Customer may convert its Free Trial account into a standard Google Cloud Platform account by clicking the “Upgrade” button in the Google Cloud Console. 3.2 If Customer upgrades to the standard Google Cloud Platform account within 12 months from the Free Trial Start Date, any remaining credits will continue to apply and will expire 12 months after the Free Trial Start Date. 3.3 Customer’s continued use of the Services after upgrading to the standard Google Cloud Platform account is subject to Customer’s compliance with the Cloud Platform License Agreement (or other applicable agreement between Google and Customer) and the Free Trial Terms and Conditions will no longer apply. 4. Conclusion of the Free Trial. 4.1 When the Free Trial ends, Customer will no longer have access to the Services and the Free Trial Terms and Conditions will no longer apply. During the 30 day period following the conclusion of the Free Trial, Customer may contact Google support (i) to migrate Customer Data from the Services (other than Google Compute Engine); or (ii) to upgrade to a standard Google Cloud Platform account. VNC CONNECT END USER LICENSE AGREEMENT IN ORDER TO INSTALL ANY PART OF THE SOFTWARE (AS DEFINED BELOW), AND/OR TO RETAIN THE SERVICES (AS DEFINED BELOW) OF REALVNC, YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE THEN DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE. BY INSTALLING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE, YOU ACCEPT THAT THE TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED SOFTWARE. REALVNC LIMITED (“REALVNC”) MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME. BY INSTALLING ANY UPDATED VERSION OF THE SOFTWARE WHICH MAY BE MADE AVAILABLE, YOU ACCEPT THAT THE MODIFIED TERMS OF THIS AGREEMENT APPLY TO SUCH UPDATED SOFTWARE. 1. DEFINITIONS In this Agreement: “Deployment Software” means deployment tools and services available from the Website including documentation, updates, modified versions and copies of the Deployment Software. "Desktop" means a graphical user interface, whether accessible via a console attached to the Host, via the Software, or by any similar means. "Device Access" means a Home Subscription, Professional Subscription or Enterprise Subscription that entitles the use of the Server Software or as otherwise described on the Website. "End User" means any person downloading, running or using Instant Support Software on their Host for the purpose of enabling remote access to their Desktop by a Technician. “Enterprise Subscription” means an entitlement enabling connectivity and advanced functionality as described on the Website. “Home Subscription” means an entitlement enabling connectivity and basic functionality for non-commercial use only as described on the Website. "Host" means the computer on which the Software is to be installed or run. "Instant Support" means a Home Subscription, Professional Subscription or Enterprise Subscription that entitles the use of the Instant Support Software or as otherwise described on the Website. "Instant Support Software" means Instant Support Application 1.0 or later of the programs made available from the Website including documentation, updates, modified and branded versions and copies of the Instant Support Software. “Professional Subscription” means an entitlement enabling connectivity and enhanced functionality as described on the Website. “Server Software” means VNC Server Version 6.0 or later of the programs available from the Website, including documentation, updates, modified versions and copies of the Server Software. “Services” means the support services set out in clause 7. “Software” means the Server Software and/or the Viewer Software and/or the Deployment Software and/or the Instant Support Software. “Subscription” means a subscription purchased for or by you and/or obtained from RealVNC that enables the Software. “Subscription Fee” means the fees payable for a Subscription as set out on the Website. "Technician" means a named individual authorized by you to make connections to Desktops that have been made available through Instant Support Software. “Viewer Software” means VNC Viewer Version 6.0 or later of the programs available from the Website including documentation, updates, modified versions and copies of the Viewer Software. “Website” means https://www.realvnc.com, https://www.realvnc.help and associated web applications. 2. LIMITED TRIAL PERIOD The Software can be evaluated for a limited trial non-exclusive license period as set out on the Website. It will perform for only a limited period of time. THE LIMITED TRIAL SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR LIABILITY ON REALVNC’S PART TO YOU WHATSOEVER. 3. INTELLECTUAL PROPERTY RIGHTS The Software, its structure and algorithms, and the information provided with the Software or available on the Website are protected by copyright and other intellectual property laws, and all intellectual property rights in them belong to RealVNC or are licensed to it. You may not reproduce, publish, transmit, modify, create derivative works from, or publicly display the Software or any part of it. Copying or storing or using the Software other than as permitted in this Agreement is expressly prohibited unless you obtain prior written permission from RealVNC. 4. PERMITTED AND PROHIBITED USES 4.1 You require a Subscription to cover each Desktop that is to be made accessible using the Server Software, and to cover each Technician that can access Desktops made accessible by the Instant Support Software 4.2 Your use of the Software (or any part therof) shall be subject to your compliance with the following: 4.2.1 you may not rent, lease or otherwise transfer the Software (or any part thereof) or allow it to be copied except as expressly permitted under this Agreement. Unless permitted by law, you may not modify, reverse engineer, decompile or disassemble the Software or use any of the confidential information of RealVNC contained in or derived from the Software to develop or market any software which is substantially similar in its function or expression to any part of the Software; 4.2.2 you must treat the source code of the Software as RealVNC’s confidential information; 4.2.3 you are expressly prohibited from sub-licensing the licences granted to you pursuant to clauses 4.3, 5.2 and 6.2; and 4.2.4 you shall comply at all times with any restrictions placed on your use of the Software. 4.3 RealVNC, on behalf of itself, its subsidiaries and any licensors, hereby grants to you a non-exclusive, worldwide, non-transferable license to install and use the Viewer Software for your personal use or for the internal use of your business or organisation. You are expressly prohibited from transferring or distributing the Viewer Software in any format, in whole or in part, for sale, for commercial use, or for any unlawful purpose. 4.4 The Viewer Software is only warranted and supported to the extent it is used in conjunction with a licensed copy of the Server Software, of the Instant Support Software, or of any other RealVNC Server product explicitly stated to qualify for use with the Viewer Software. 4.5 The licences granted pursuant to clauses 4.3, 5.2 and 6.2 shall be valid for the duration of any Subscription. The duration of each Subscription is set out on the Website. 5. DEVICE ACCESS 5.1 Where your Subscription includes Device Access, the terms of this clause 5 shall apply. 5.2 RealVNC, on behalf of itself, its subsidiaries and any licensors, hereby grants to you a non-exclusive, worldwide, non-transferable license to install and use the Server Software on no more than the number of Desktops for which your Subscription is valid. In the case of a Home Subscription, the Server Software may only be used for your private, non-commercial purposes. In the case of a Professional Subscription or an Enterprise Subscription, the Server Software may additionally be used for the internal purposes of your business or organisation on Hosts owned by your business or organisation. 5.3 You may make as many copies of the Server Software as your Subscription allows and use it to install the Server Software on your Hosts. You are expressly prohibited from transferring or distributing the Server Software in any format, in whole or in part, for sale, for commercial use, or for any unlawful purpose. 5.4 If your subscription is an Enterprise Subscription, then RealVNC on behalf of itself, its subsidiaries and any licensors, hereby grants to you a non-exclusive, worldwide, non-transferable license to install and use the Deployment Software for the internal purposes of your business or organisation on Hosts owned by your business or organisation. 5.5 You may make as many copies of the Deployment Software as your Subscription allows and use it to install the Server Software on your Hosts. You are expressly prohibited from transferring or distributing the Deployment Software in any format, in whole or in part, for sale, for commercial use, or for any unlawful purpose. 6. INSTANT SUPPORT 6.1 Where your Subscription includes Instant Support, the terms of this clause 6 shall apply. 6.2 Subject to your compliance with clause 6.3, RealVNC, on behalf of itself, its subsidiaries and any licensors, hereby grants to you a non-exclusive, worldwide, non-transferable license to use and make the Instant Support Software available to End Users for the purposes of allowing your Technicians to remotely connect to the End User Desktop. 6.3 Your use of the Instant Support Software is subject to the following: 6.3.1 you will contractually ensure that your personnel, End Users and any third parties that you directly or indirectly allow to use the Instant Support Software will do so in accordance with this Agreement and applicable laws; 6.3.2 notwithstanding clause 6.3.1, you shall at all times be responsible for the use of the Instant Support Software by your personnel, End Users and any third parties that you directly or indirectly allow to use the Instant Support Software; 6.3.3 each Technician shall keep secure credentials for their use of the Software and shall not share such credentials with any other person. 7. SUPPORT SERVICES 7.1 RealVNC shall make the Software available to you immediately on confirmation of your purchasing a Professional or Enterprise Subscription. 7.2 During the term of this Agreement, provided all relevant Subscription Fees which are due and owing have been paid, RealVNC will provide the following Services to you in relation to the Software in accordance with the terms and conditions of this Agreement: 7.2.1 provided you promptly notify RealVNC of any material defect in the Software (being any corrupt download), RealVNC shall, subject to the following provisions, use its reasonable endeavours to correct the problem and provide a corrected version as soon as practicable after being so notified; or 7.2.2 updates or improvements to the Software published by RealVNC shall be made available on the Website. 7.3 The Services do not include the correction of any defects due to: 7.3.1 any combination or inclusion of the Software with or in any computer program, equipment or devices not on the approved list on the Website; 7.3.2 you not giving RealVNC a sufficiently detailed description of the defect to enable RealVNC to identify the defect and to perform the Services; or 7.3.3 any improper or unauthorised use or operation of the Software. 7.4 If a defect cannot be resolved in a reasonable time your sole and exclusive remedy will be for RealVNC to either, at its sole discretion: 7.4.1 replace the Software; or 7.4.2 refund to you such an amount as is equal to the Subscription Fee prorated over the remainder of duration of the Subscription. 7.5 The Services shall continue in force for the chosen Subscription period from the start of the Subscription, and may be continued by the Subscription renewing at any time. The Services are automatically renewed for an additional term of twelve months if you fail to terminate your Subscription before the expiry of the relevant Subscription period. RealVNC shall notify you via email at least seven days before your Subscription is due to expire, which notice will include information regarding the Subscription Fees if your Subscription is renewed. 7.6 You can opt out of having your Subscription auto-renew on the Website. If you elect not to have your Subscription auto-renew then your Subscription will automatically terminate on the last day of your Subscription period. 8. FEES 8.1 All Subscription Fees, expenses or other sums payable under this Agreement are inclusive of any applicable value added tax or other applicable taxes or duties for which you shall be additionally liable. Unless otherwise agreed with respect to each order, Subscription Fees (and any subsequent fees payable on renewal of a Subscription) shall be paid for online using credit or debit cards (where payment confirmation will be provided after payment has been taken prior to the Software being made available to you pursuant to clause 7.1). 8.2 Online payments will be carried out by RealVNC’s payment provider and will be subject to their own terms and conditions. 8.3 If your Subscription renews in accordance with clause 5.5 RealVNC will automatically debit the card used to purchase your Subscription with the amount identified in the email notification delivered pursuant to clause 5.5. 8.4 If any sum payable to RealVNC is not paid within 14 days after the due date RealVNC may suspend performance of its obligations and/or charge interest on a daily basis at the rate of 4% above the Barclays Bank Base Rate from time to time in force, compounded quarterly, from the date for payment of that sum to the date of actual payment. 9. LIMITED WARRANTY 9.1 RealVNC warrants to the original licensee that the Software will perform substantially in accordance with any documentation provided for it for 90 days from the date of purchase of a Subscription (the “Warranty Period”) when used on Hosts meeting the minimum hardware and software requirements specified on the Website. 9.2 The limited performance warranty set out in clause 9.1 applies only if any problem is reported in writing to RealVNC during the Warranty Period. It is void if the failure of the Software is the result of accident, abuse, misapplication or inappropriate use of the Software or use with Hosts not meeting the minimum hardware and software requirements specified on the Website. 9.3 In the event that a problem is reported in writing to RealVNC during the Warranty Period, your sole and exclusive remedy will be for RealVNC to either, at its sole discretion: 9.3.1 replace the Software; or 9.3.2 refund to you such an amount as is equal to the Subscription Fee. 10. LIMITATION ON LIABILITY 10.1 EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY LAW, REALVNC DISCLAIMS ALL WARRANTIES CONDITIONS OR REPRESENTATIONS ON THE SOFTWARE AND/OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. 10.2 TO THE EXTENT PERMITTED BY LAW REALVNC SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL LOSS, COSTS OR DAMAGES WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING FROM THE SERVICES, THE USE OF THE SOFTWARE, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE SOFTWARE, OR REALVNC’S NEGLIGENCE (INCLUDING LOSS OR DAMAGE TO YOUR (OR ANY OTHER PERSON'S) DATA OR COMPUTER PROGRAMS) EVEN IF REALVNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REALVNC’S LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. 10.3 NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM A PARTY'S NEGLIGENCE OR FROM FRAUDULENT MISREPRESENTATION ON THE PART OF A PARTY. 11. EXPORT CONTROL The United States and other countries control the export of Software and information. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Software, and agree to comply with such restrictions and not to export or re-export the Software where this is prohibited. By downloading the Software, you are agreeing that you are not a person or entity to which such export is prohibited. RealVNC is a Limited company in England and Wales. 12. TERM AND TERMINATION 12.1 This license shall continue in force for the duration of your Subscription (and any subsequent renewal Subscription) unless and until it is terminated by you in accordance with clause 12.2, or by RealVNC by e-mail notice to you, if it reasonably believes that you have breached a material term of this Agreement. 12.2 You may terminate your Subscription at any time by giving notice in writing to RealVNC. Termination of your Subscription by you or by RealVNC shall not entitle you to any refund for any unexpired portion of your Subscription period (as renewed or extended from time to time). 12.3 In the case above, you must delete and destroy all copies of the Software in your possession and control and overwrite any electronic memory or storage locations containing the Software. 13. GENERAL TERMS 13.1 The construction, validity and performance of this Agreement shall be governed in all respects by English law, and the Parties agree to submit to the non-exclusive jurisdiction of the English courts. 13.2 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. 13.3 Despite anything else contained in this Agreement, neither party will be liable for any delay in performing its obligations under this Agreement if that delay is caused by circumstances beyond its reasonable control (including, without limitation, any delay caused by an act or omission of the other party) and the party affected will be entitled to a reasonable extension of time for the performance of its obligations. 13.4 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. 13.5 You may not assign, subcontract, sublicense or otherwise transfer any of your rights or obligations under this Agreement. RealVNC may assign all or part of the benefits or all or part of its obligations under this Agreement to any affiliated company. 13.6 This Agreement constitutes the entire Agreement between you and RealVNC in relation to the provision of the Software or the Services. Version 4.0a, October 2017 WeChat Privacy Policy WeChat Privacy Protection Summary What data we collect about you? We collect information when you set up your WeChat account and use the services available within WeChat (such as posting photos to your Moments feed or following Official Accounts). To set up your account, we collect your nickname, mobile number, and a password. You can further refine and populate your profile with additional information. More... How do we use your info? We use your information to provide WeChat to you, allow you to communicate with other users, and to use the features of the WeChat Open Platform. We use your information for account set-up, to facilitate communications, provide support, allow you to access features of WeChat, and to improve WeChat. WeChat uses contact channels provided by you, such as mobile number or email address, for verifying and protecting your account and for important administrative reasons and does not use these channels for promotional or marketing reasons. More... Who do we share your data with? We use third parties for support services, such as SMS service providers for account validation, mapping and points-of-interests services, translation services, and support services. We use these third party services solely to process or store your information for the purposes described in this policy. We also share your information with related group companies of Tencent and as required by law. Aside from the previously mentioned purposes, WeChat does not share your data to third-parties without your prior explicit consent. Any third party (selected by us) with whom we share user data will provide the same or equal protection of user data as stated in the this policy. More... Where do we process your data? Our servers are located in Ontario, Canada and Hong Kong. We also have support, engineering and other teams that support the provision of WeChat to you, located around the world. Your data may be accessed from such locations. Rigorous internal control measures are undertaken to strictly limit access to your data by designated team members. More... How long do we keep hold of your data? The time we retain your information for depends on the type of information – for example, log-in data is retained for up to 90 days from the date the data is collected. If you instruct us to delete your WeChat account, your information is deleted within 60 days of the latter of verification of account ownership and receiving your account deletion request. More... How can I exercise my rights over my data? You may have special rights over your data and how we can use it. These include how you can access the data, erasing the data, restricting how your data can be used, objecting to its use, and getting a copy of your information. More... How will we notify you of changes? If there are any significant changes to this Privacy Policy, we will send you a notification before the change becomes effective. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. More... Contact Information for Dispute Resolution If you have any concerns or complaints, please contact us here. Data Controllers: Users located in the European Economic Area and Switzerland: Tencent International Service Europe BV. Users located outside of the European Economic Area or Switzerland (subject to the below): Tencent International Service Pte. Ltd. If you either: register by binding a mobile number that is made available to you in the People’s Republic of China (except for Taiwan, Hong Kong or Macau) (being the "PRC") ((i.e., a contact number that uses international dialing code +86)); or have contracted with 深圳市腾讯计算机系统有限公司 (Shenzhen Tencent Computer Systems Company Limited) for Weixin or WeChat (for example, if you have downloaded Weixin or WeChat from the PRC iOS App Store or from a PRC Android app store), you are subject to the Weixin Terms of Service and Weixin Privacy Policy and not this Privacy Policy. Data Protection Officer: Email: dataprotection@wechat.com Postal mail: 26.04 on the 26th floor of Amstelplein 54, 1096 BC Amsterdam, the Netherlands WeChat Privacy Policy INTRODUCTION Welcome to WeChat! We value your privacy. This Privacy Policy informs you of your choices and our practices regarding any Information you provide to us or that you generate in using WeChat. The use of our services (being the WeChat mobile app, the website www.wechat.com or any third party platforms through which WeChat is provided) (together, "WeChat") involve the processing of your Information. It is important for you to understand how this happens and how you may control it. Please read this Privacy Policy carefully. By using WeChat you agree to the processing of your Information in accordance with this Privacy Policy. When you use certain features you will be asked to agree to the processing of your Information in certain ways (for example, when you follow an Official Account, you are asked if you agree to the transfer of your data to a third party). You can find information on how to control your preferences and the use of your Information via your account here. For certain Information you may withdraw your agreement to the processing of that Information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use WeChat. Contact In this Privacy Policy, "we", "our" or "us" refers to: if you are a user located in the European Economic Area or Switzerland: Tencent International Service Europe B.V., a Dutch company, located at 26.04 on the 26th floor of Amstelplein 54, 1096 BC Amsterdam, the Netherlands; and if you are a user located outside of the European Economic Area, Switzerland or the People’s Republic of China (excluding Taiwan, Hong Kong, and Macau): Tencent International Service Pte. Ltd., a Singaporean company located at 10 Anson Road, #21-07 International Plaza, Singapore 079903. If you have any questions or complaints regarding this Privacy Policy or the use of your Personal Information, please contact our Data Protection Officer via email at dataprotection@wechat.com or via postal mail at 26.04 on the 26th floor of Amstelplein 54, 1096 BC Amsterdam, the Netherlands (Attention: Data Protection Officer, Legal Department). If you wish to make any complaints regarding this Privacy Policy or its implementation by us, please contact us via the above contact details. Please note that if you are a resident in the European Union you have the right to lodge a complaint with your country’s data protection authority. SCOPE AND APPLICATION OF THIS PRIVACY POLICY This Privacy Policy applies to WeChat, as well as any services accessible on the WeChat platform that state that this Privacy Policy applies to the use of such service (for example, users that follow or use Official Accounts, Mini Programs and WeChat Login for third-party apps). Those WeChat services may have further privacy-related terms that you must agree to if you use those services. Any capitalised terms used in this Privacy Policy have the same meaning as the equivalent defined terms in the WeChat Terms of Service, unless they are defined otherwise in this Privacy Policy. Please note that this Privacy Policy does not apply to Information that you choose to disclose or submit to: a) services other than WeChat (such as other products or services supplied or operated by us or our affiliates), that do not expressly state that this Privacy Policy applies; b) any third party services (including any third party websites) that you may access through WeChat; or c) companies or organisations that advertise products or services on WeChat. If you are using WeChat on behalf of a company, partnership, association, government or other organisation (your "Organisation"), you agree to notify your Organisation’s relevant individual owners, shareholders, directors, officers, managers, employees and other relevant individuals whose Personal Information we collect or you provide to us from time to time ("Connected Persons") of the collection of their Personal Information, and you agree to obtain your Connected Persons’ consent to the processing of their Personal Information in accordance with this Privacy Policy as required by applicable laws and regulations. When this Privacy Policy refers to "you" or "your" this includes you and any Connected Persons. If you or any Connected Persons would like to request your personal information be removed from our database, please contact us at dataprotection@wechat.com. CHANGES TO THIS PRIVACY POLICY We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. These instructions, policies and terms form part of this Privacy Policy. Whenever we make any changes to this Privacy Policy that are important for you to know about, we will post the updated Privacy Policy at this link and notify you via WeChat or other means before the change becomes effective. TYPES OF INFORMATION WE PROCESS We process different categories of information and data in providing WeChat. These are set out below: "Location Data" is information that is derived from your GPS, WiFi, compass, accelerometer, IP address, or public posts that contain location information. You will disclose certain location information to us and to other WeChat users: when you use certain location-based features, such as People Nearby, POI search, WeRun, and when you share your location with other WeChat users; and when you access WeChat, as we derive location information from your IP address, device, or internet service to prevent multiple or fraudulent log-ins to your account. "Log Data" is information that we automatically collect when you use WeChat, whether through the use of cookies, web beacons, log files, scripts or ETags (as explained in more detail in our Cookies Policy, including: technical information, such as your mobile carrier-related information, configuration information made available by your web browser or other programs you use to access WeChat, your IP address and your device’s version and identification number; information about what you have searched for and looked at while using WeChat, such as web search terms used, social media profiles visited, and details of other information and content accessed or requested by you in using WeChat; general information about communications on the platform, such as the identity of a user that you have communicated with and the time, data and duration of your communications (but not the content of such communications, except where you are communicating with an Official Account or our support services team); and metadata, which means information related to items you have made available through WeChat, such as the date, time or location that a shared photograph or video was taken or posted. "Non-Personal Information" is any information that is not reasonably practicable to directly or indirectly identify you. "Personal Information" is any information, or combination of information, that relates to you, that can be used (directly or indirectly) to identify you. We set out examples of Personal Information (and how we collect such Personal Information) in "How we process your information" below. "Shared Information" is information about you or relating to you that is voluntarily shared by you on WeChat. Shared Information may include postings that you make on WeChat (including your public profile, the lists you create, and photos, videos and voice recordings as accessed with your prior consent through your device’s camera and/or microphone sensor), any postings from others that you re-post and Location Data and Log Data associated with such postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using WeChat share about you. References to "Information" in this Privacy Policy mean both Personal Information and Non-Personal Information. HOW WE PROCESS YOUR INFORMATION The following lists what Personal Information we collect, how we use it (and the legal basis for processing that Personal Information under EU law to the extent applicable): Information Purpose of Processing Registration Data and Log-in Data. Your name, user alias, mobile phone number, password, gender, and IP address. Legal Basis (EU): Contract to set up and log-in to a user account on WeChat; to notify you about changes to WeChat; to facilitate communication; to provide you with user support; to enforce our terms, conditions, and policies; to place VoIP calls using WeChat; to communicate with you; to provide personalised help and instructions; to better understand how you access and use WeChat; to develop new and improve existing services; to provide language and location customisation; to protect any rights, property or safety of ours, our affiliate companies, or other users of WeChat; and to administer WeChat and for internal operations, including troubleshooting, data analysis, testing, research, security, fraud-detection, account management, and survey purposes. User Profile Search Data. Record of search inquiries. Legal Basis (EU): Contract to provide quick access to previous searches. Shared Information - Profile Data. Any information that you include in your publicly-visible WeChat profile, which may include your profile ID, name, and photo. Legal Basis (EU): Contract to administer the WeChat platform in accordance with your instructions and requests; to provide personalised help and instructions; to provide language and location customisation; to develop new and improve existing services; to better understand how you access and use WeChat; to maintain your WeChat account in accordance with your instructions and requests. Shared Information – Profile Media. This comprises all of the information you make available to other users via WeChat, comprising: WeChat Moments posts and responding to other users’ WeChat Moments; and information made available by another user about you via their use of WeChat – for example, any Shared Information that others using WeChat make available about you via WeChat Moments and communications they make to you and others using WeChat. Legal Basis (EU): Contract to administer the WeChat platform; to provide personalised help and instructions; to provide language and location customisation; to develop new and improve existing services; to maintain your WeChat account; to better understand how you access and use WeChat. Additional Account Security. Voiceprint (an optional security features for you), Emergency Contacts, Managed Devices, Email address, Facebook Connect OpenID, Facebook Connect Token, QQ ID. Legal Basis (EU): Contract to verify your identity account security. Chat Data. Content of communications between you and another user or group of users. This is stored on your device and the devices of the users that you have sent communications to. We do not permanently store this information on our servers and it only passes through our servers so that it can be distributed to the users you have chosen to send communications to. Legal Basis (EU): Contract to facilitate delivery of communication to another user. Contacts List. Your on-device contact list. Legal Basis (EU): Contract to connect you with other WeChat users using the "Recommended Friends" function. OpenID. We generate an OpenID each instance your WeChat account activates a third-party WeChat Open Platform service. It is a unique identifier that only exists for one account connecting to a single service and allows it to be identified without using other personal information – for example, your name or email address. In addition, we create a UnionID for each instance your WeChat account connects to a service or services operated by a single third-party operator. This allows the third-party operator to associate your activity more easily across various inter-related services offered by the same operator. Legal Basis (EU): Contract to allow you to follow an Official Account; to allow you to use a Mini Program; and to allow you to use your WeChat ID to log-in to third party services. Log Data. See definition above. Legal Basis (EU): Legitimate Interests to better understand how you access and use WeChat; to administer WeChat; for internal operations, including troubleshooting, data analysis, testing, research, security, fraud-detection, and account management. Location Information. See definition above. Legal Basis (EU): Contract for security, fraud-detection and account management (such as to ensure there are not multiple log-ins or suspicious log-ins on your account); to provide you with location-based services that you choose to use: Share Location (when you elect to share your location within a chat with other users); Moments/Point of Interest (geo-tagging a place in a Moments post); WeRun (when you elect to use this feature WeChat uses your accelerometer and gy Official Accounts (if you elect to disclose your location to an Official Account, that information will be shared with the Official Account); Mini Program (if you choose to disclose your location to a Mini Program, or choose to find Mini Programs Nearby); People Nearby, Shake, Message in a Bottle (these are location-based services that you can choose to use to disclose your general location for a limited period of time (and you can choose to clear such location data at any time); Top Stories (if you access this feature, we use your location to optimize locally relevant news content for you); Search (if you perform an external search using WeChat, the service uses your location to provide you with locally relevant information); to provide language and location customisation. Credit card information Legal Basis (EU): We process this data in accordance with our obligations under applicable law. In some regions, credit card information is collected and the card information verified via a third-party payment processing service for the purpose of verifying parental or guardian consent to use WeChat by an underage minor. This information is not permanently stored to WeChat's servers and is immediately disposed after a verification request has been performed by the third-party payment processing service. Customer Support Information. Any information that you provide to our customer support team. Legal Basis (EU): Contract to investigate your support issue. Device Data. Media stored on your device. Legal Basis (EU): Contract to facilitate the sharing of such media using WeChat. Social Connect Information. Your QQ ID or Facebook Connect Token (as applicable). Legal Basis (EU): Contract if you choose to connect a third party social media account to your WeChat account, we process this information to facilitate login to WeChat via social media account. if you publish content on your Moments, WeChat will facilitate the publishing to a authenticated third party social media account if you choose to share this content to the third party account Surveys. If you choose to participate in a survey, we may request certain Personal Information from you. We may use a third party service provider to conduct these surveys and this will be notified to you prior to you completing the survey. Legal Basis (EU): Consent to better understand how you access and use WeChat; to provide personalised help and instructions; to develop new and improve existing services; to improve WeChat and respond to customer requests and preferences. Contest Information. Any information that you provide to us in submitting an entry to a contest offered on WeChat. Legal Basis (EU): Contract to facilitate your participation in the contest; to award prizes, if applicable. Legal Basis (EU): Legitimate Interests Pseudonymised and Aggregated Data. We pseudonymise and aggregate certain Personal Information to improve our services Analysis of what features or actions are taken within the app in order to improve app experience Fraud detection and account safety analysis User demographic analysis on items such as region, phone model, operating system platform, system language, and WeChat version in order to better understand how our users are using WeChat Web and account traffic statistics of what content and services are used when users access third-party services on the WeChat Open Platform as a method for informing third-party service providers basic analysis of how their service is being used by WeChat users Cookies. We further explain such collection in "Tracking Technologies" section. Legal Basis (EU):** Contract to facilitate log-in and account verification; to assess effectiveness of and improve advertising and other marketing and promotional activities. Some features of WeChat are only available to users in certain jurisdictions. For these features we collect additional information as follows: Information Purpose of Processing Additional Registration Data – Verified Account. Nationality, date of birth, residential address, copy of residential address proof, copy of personal identification document (for example passport, identification card, home return permit, etc.), personal identification document number, occupation, and source of funds. Availability: This feature is only available to users with mobile numbers issued in certain jurisdictions (such as Hong Kong) If you choose to apply for account verification (in order to unlock additional payment and fund settlement features in WeChat), we use this information to: to verify your identity; and to facilitate payment and funds settlement. Payments Information. Your credit card number, expiry, CVC and cardholder name. Please note that where a payment is processed by a third party payment service provider, we do not collect or store any Personal Information, though we may receive summary information about transactions. Availability: This feature is only available to users with mobile numbers issued in certain jurisdictions (such as Hong Kong) to facilitate your purchases within WeChat; and to validate your real name to facilitate the creation of your WeChat Pay account. Personal Information within Your Content If any of your Personal Information comprises Your Content (as defined in the WeChat Terms of Service), we and our affiliate companies may (subject to this Privacy Policy) use such Personal Information in accordance with the "Your Content" section of the WeChat Terms of Service. SHARING OF YOUR PERSONAL INFORMATION We will not transfer your Personal Information to any other third parties except as specified below, or in circumstances where you consent to such transfer. We share your information with selected recipients who have a legal basis and valid jurisdiction to request such data. These categories of recipients include: government, public, regulatory, judicial and law enforcement bodies or authorities: where we are required to comply with applicable laws or regulation, a court order, subpoena or other legal process, or otherwise have a legal basis to respond to a request for data from such bodies, and the requesting entity has valid jurisdiction to obtain your personal information; related group companies: we share your Personal Information within our group of companies, including Tencent International Service Europe BV (located in the Netherlands), Tencent International Service Pte. Ltd (located in Singapore), WeChat International Pte Ltd (located in Singapore) and Oriental Power Holdings Limited (located in Hong Kong) and WeChat International (Canada) Limited (located in Canada) that run the Hong Kong and Canadian Servers, for the purpose of: providing WeChat to you, assisting us in carrying out the purposes set out under the "How We Collect and Process Your Information" section above, and carrying out our obligations and enforcing our rights under the WeChat Terms of Service or this Privacy Policy; and in the event of an internal restructuring of our or our affiliates businesses, or the sale of WeChat or any of its assets to a third party, the entity that consequently operates WeChat may be a different entity to us and we will transfer your information accordingly so that your service can continue; third party service providers: service providers supplying services to support, improve, or advertise through our services, including the service providers listed here. These include communication service providers who send SMSs on our behalf, VoIP providers for connection to traditional telephony services card processing and verification, and translation services. We also use service providers to help speed up content delivery to you in your region using acceleration points and content delivery networks; Any third party (selected by us) with whom we share user data will provide the same or equal protection of user data as stated in the this policy. WeChat Official Accounts and Mini Program operators, other services via which you choose to use WeChat Login for third-party apps, if you elect to follow or use the relevant Official Account / Mini Program/ WeChat Login for third-parties. SHARED INFORMATION WeChat enables certain information to be shared publicly with your WeChat contacts and other users of WeChat. At any time you can hide your profile from public view and search by unchecking "allow find by phone number, WeChat ID or QQ ID" in your account settings. This means that other users of WeChat will not be able to find you. We refer to this type of information above as Shared Information. Shared Information will remain publicly-available for so long as you or a user that has shared such information retains it. Even after you delete Shared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are not affiliated with and not controlled by us. Where you have requested that we erase your Personal Information that we have made public and there are grounds for erasure, we will use reasonable steps try to tell others that are displaying the Personal Information or providing links to the Personal Information to erase it too. Please consider carefully what you post and communicate through WeChat. In some instances, you may control what access the wider public has to your Shared Information via the privacy settings in WeChat. COMMUNICATIONS FROM US We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend WeChat for maintenance, or security, privacy, or administrative-related communications). We send these to your email address or via SMS. You may not opt-out of these service-related announcements, which are not promotional in nature and used solely to protect your account and keep you informed of important changes to WeChat. SENSITIVE PERSONAL INFORMATION In some jurisdictions, certain types of Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as "sensitive" and is subject to stricter regulation than other types of Personal Information. Please note that content and information that you input to WeChat, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others. Before communicating any Personal Information of a sensitive nature within WeChat, please consider whether it is appropriate to do so. By posting any Personal Information of a sensitive nature within WeChat, you are consenting to such information being available within the controls you have selected (for example, available to the audience of users you select as being capable of viewing your post or profile information). SOCIAL MEDIA SHARING Sharing Your WeChat Data outside of WeChat We provide other WeChat-related features that allow you to disclose Shared Information to audiences outside of your WeChat network – for example, publicly accessible blogs and forums, or certain social media features within WeChat (such as "plug-ins" (which create a direct link between two websites) and "widgets" (which are interactive Mini Programs that provide third party services within WeChat)) allow you to re-post and disclosure Shared Information. Any information you distribute using such features may be read, collected, and used by third parties that are not controlled by WeChat. You may link your WeChat contact list to your contact lists on your device and/or in your account on third party services, in order to search for and connect with contacts on those contact lists who also have a WeChat account. WeChat will ask you to consent to accessing your contact list before doing so. Accessing and Importing Information using WeChat WeChat allows you to link your WeChat services with select third party social media services, and import certain content and information from such third party services. For example: you may share content on, or login to, WeChat using services provided by third parties. These third party services will authenticate your identity and provide you with the option of sharing certain Personal Information with us. They may also give you the option to post information from your third party service account to WeChat as Shared Information. you may login to WeChat using other sign-in services such as an Open ID provider. These sign-in services will authenticate your identity and provide you the option to share certain Personal Information with us for account registration and login purposes, such as your name and email address; and WeChat may (whether in advertisements or otherwise within WeChat) provide you with links or features that allow you to access third party services or websites (or access within WeChat content that is hosted on those third party services or websites). For example, you may be able to access videos hosted by a third party without leaving the WeChat application. Third party social media platforms are hosted by the relevant third party. WeChat services are hosted by us. Third parties that provide third party services may collect your Information (including your Personal Information and Log Data), and set cookies on your computer, or device to enable such features to function properly. Your use of any third party services (whether social media services or otherwise), including any Personal Information you provide to such third parties and their collection and use of your Personal Information, are subject to the relevant third party’s own terms of services and privacy policies and not the WeChat Terms of Service or this Privacy Policy, so please review those third party terms carefully. This Privacy Policy only applies to any Information collected by us, and does not apply to any services offered by or information practices of any third parties. If you choose to use third party services or features that are made available within WeChat (for example, you choose to follow an Official Account or use a Mini Program), then we will share certain information with that third party to allow you to use that third party service. The information we share with such a third party is described to you at the time you first use that service or feature, and that third party will provide the same or equal protection of user data as stated in the this policy. You can control which third parties have access to this information in your account. You can withdraw your agreement to the sharing of that information at any time by following the instructions set out here. Please note however that if you ask us not to share that information with the third party, you may no longer be able to use that service or feature. We are not responsible for any third party use of any Information provided by you to them. AGE RESTRICTIONS WeChat is not intended for Children. Children under the age of 16 must not use WeChat for any purpose without first obtaining parental/guardian agreement to this Privacy Policy (both for themselves and on your behalf). We do not knowingly collect Personal Information from any children under the age of 16 without such consent. Please contact our Data Protection Officer if you believe we have any Personal Information from any children under the age of 16 without such parental/guardian consent – we will promptly investigate (and remove) such Personal Information. LOCATION OF YOUR PERSONAL INFORMATION The Personal Information that we collect from you will be transferred to, stored at, or processed in: Ontario, Canada (which was found to have an adequate level of protection for Personal Information under Commission Decision 2002/2/EC of 20 December 2001); and Hong Kong (we rely on the European Commission’s model contracts for the transfer of personal data to third countries (i.e., the standard contractual clauses), pursuant to Decision 2001/497/EC (in the case of transfers to a controller) and Decision 2004/915/EC (in the case of transfers to a processor). Our engineering, technical support, and other teams that support the supply of WeChat to you are based in our offices around the world (including Singapore, Hong Kong and the Netherlands) and may have incidental access to certain of your data in order to provide the service (for example, in order to fix technical issues that you report). We rely on the European Commission’s model contracts for the transfer of personal data to such third countries (i.e., the standard contractual clauses), pursuant to Decision 2001/497/EC (in the case of transfers to a controller) and Decision 2004/915/EC (in the case of transfers to a processor. SECURITY OF YOUR PERSONAL INFORMATION We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access, or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information (such as Location Data) provided by you to us. Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. We do not warrant or guarantee the security of WeChat or any information you provide to us through WeChat. PERIOD OF USE OF YOUR PERSONAL INFORMATION We will retain your Personal Information as set out in the following table, except where we are otherwise required to retain such data in accordance with law. Should you or we terminate your account for any reason, we will take steps to ensure that your Personal Information is no longer available through WeChat, or otherwise used by us, within a reasonable period of time (subject to technical limitations) after such account termination. Information Type Retention Period Registration data: Your name, user alias, password, gender, IP address Until such time as you instruct WeChat to delete your account or you have not logged in for 180 days. Your account will be permanently deleted within 60 days of both verification of account ownership and the account deletion request. Registration data: Mobile number, QQ, Facebook, Google, or email account used to register account Until such time as you instruct WeChat to delete your account or you have not logged in for 180 days. Your account will be permanently deleted within 60 days of both verification of account ownership and the account deletion request. Subsequent to account deletion, aggregated registration data is retained for spam prevention and systems security purposes. Login data Information is retained for a period of 3 months from the date of such log in. User profile search data Until you request removal or amendment of the Personal Information or your account is deleted, whichever is earlier. Profile data (viewable by friends) Until you request removal or amendment of the Personal Information or your account is deleted, whichever is earlier (however, the data may be available if cached on third party services). Profile data - profile photo (viewable by all users) Until you request removal or amendment of the Personal Information or your account is deleted, whichever is earlier (however, the data may be available if cached on third party services for a period up to 60 days). Profile data - profile name (viewable by all users) Information is retained for a period of up to 60 days after requesting removal, amending your information, or when your account is deleted, whichever is earlier. Additional account security Until you request removal or amendment of the Personal Information or your account is deleted, whichever is earlier (however, the data may be available if cached on third party services). Chat – non-persistent and semi-persistent communication between users Data is retained for a period of 120 hours from the time of the relevant interaction and then permanently deleted. Chat - media such as images, video, audio, and files Data is retained for a period of 120 hours from the time of the relevant interaction and then permanently deleted. Contacts list Until you request removal or amendment of the Personal Information or your account is deleted, whichever is earlier. Location-based services and Location-based media Data is retained for a period of 24 hours from the time of the relevant interaction and then permanently deleted. Moments and Favorites -- data and media Until you request removal or amendment of the Personal Information or your account is deleted, whichever is earlier (however, the data may be available if cached on third party services). OpenID and Open ID media (given to third parties) Until you unfollow the third party developer’s application, Official Account, Mini Program or similar, or your account is deleted, whichever is earlier. Provision of third party products and services (i.e. if you are a provider of an Official Account or Mini Program) Until such time as you instruct WeChat to delete your account. Your account will be permanently deleted within 60 days of both verification of account ownership and the account deletion request. Please note that the information disclosed to the third party is controlled by them. We will use reasonable efforts to seek that they delete such information when we do. Information provided to an Official Account / Mini Program Until such time as you instruct WeChat to delete your account or you withdraw your permission / unfollow such third party. Please note that the information disclosed to the third party is controlled by them. We will use reasonable efforts to seek that they delete such information when we do. Information provided to customer service Until such time as you instruct WeChat to delete your account. Your account will be permanently deleted within 60 days of the account deletion request. Metadata / Log Data Data is retained for 3 months from the date of log in and then permanently deleted. Device Data Until such time as you instruct WeChat to delete your account. Your account will be permanently deleted within 60 days of the account deletion request. Social Connect Information Until such time as you instruct WeChat to delete your account or unbind your social account from your WeChat account. Your account will be permanently deleted within 60 days of the account deletion request. Cookies Data is retained for 3 months from the date of log in and then permanently deleted. YOUR RIGHTS The following section applies only to persons that are resident in the European Union. You have certain rights in relation to the Personal Information we hold about you. Some of these only apply in certain circumstances as set out in more detail below. We set out how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights. We must respond to a request by you to exercise those rights without undue delay and at least within one month (although this may be extended by a further two months in certain circumstances, such as where the request involves substantial volumes of information or is otherwise complex). To exercise any of your rights, please complete the request form and follow the steps for submission. Access & Correction Upon request WeChat will provide you with information about whether we hold any of your personal information. You also have the right to access personal information we hold about you, how we use it, and who we share it with. You also have the right to correct that information. You can access and correct your personal information by logging into your WeChat account at any time. For example, you can delete certain Location Data that you have provided us via your device settings or the "Clear Location" option within WeChat. If you believe we hold any other personal information, or you want to correct information that you are unable to correct using your account, please complete the request form here. We may not be able to provide you with certain Personal Information if providing it would interfere with another’s rights (e.g. where providing the Personal Information we hold about you would reveal information about another person). With respect to correction requests, where we agree that the Personal Information is inaccurate or incomplete, we will try to tell any third party to whom we have disclosed the relevant Personal Information so that they can rectify the Personal Information too. Erasure You can delete your account, or remove certain personal information, by logging into your WeChat account and following the account deletion instructions here. If there is any other personal information you believe we process that you would like us to erase, please complete the request form here. You may request that we erase the Personal Information we hold about you in the following circumstances: you believe that it is no longer necessary for us to have your Personal Information; we obtained your consent to process the Personal Information and you withdraw that consent (and we have no other grounds for processing the Personal Information); you believe we are unlawfully processing your Personal Information; or you are or were under the age of 13 when we collected the Personal Information and we can verify your age. Also note that you may exercise your right to restrict our processing your Personal Information (as described below) whilst we consider a request to erase your data. Please note, however, that we may retain the Personal Information if there are valid grounds under law for us to do so (e.g., for the defence of legal claims, freedom of expression or some other legal obligation) but we will let you know if that is the case. Where you have requested that we erase your Personal Information that we have made public and there are grounds for erasure, we will use reasonable steps try to tell others that are displaying the Personal Information or providing links to the Personal Information to erase it too. Restriction of Processing to Storage Only You have a right to require us to stop processing the Personal Information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the Personal Information, we may use it again if there are valid grounds under data protection law for us to do so (e.g. for the defence of legal claims or for another’s protection). Where we agree to stop processing the Personal Information, we will try to tell any third party to whom we have disclosed the relevant Personal Information so that they can stop processing it too. You may request we stop processing and just store the Personal Information we hold about you where: you believe the Personal Information is not accurate (for the period it takes for us to verify whether it is accurate); we wish to erase the Personal Information as the processing we are doing is unlawful (but you want us to retain the Personal Information and just store it instead); or we wish to erase the Personal Information as it is no longer necessary for our purposes (but you require it to be stored for the establishment, exercise or defence of legal claims). Portability You have the right to receive a copy of certain Personal Information we collect from you. This comprises any personal information we process on the basis of your consent (e.g., voluntarily-provided profile data, social media content posted to Moments, content selected to store to Favorites) or pursuant to our contract with you (e.g., profile data), as described in the section "How we process your information". You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party. You can exercise your right to export your data by following the instructions here. If you wish for us to transfer the Personal Information to a third party, please ensure you detail that party. Note that we can only do so where it is technically feasible. We are not responsible for the security of the Personal Information or its processing once received by the third party. We also may not provide you with certain Personal Information if providing it would interfere with another’s rights (e.g. where providing the Personal Information we hold about you would reveal information about another person or our trade secrets or intellectual property). Objection You may object to our use of your Personal Information if we use your information on the basis of our legitimate interests (such as when we use your personal information for your account security, such as to prevent malicious log-ins). If you object to such processing, please review and submit the form here, providing detailed reasons. To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us by following the instructions set out here. FreeLists Privacy Policy Privacy Policy Updated May, 2018 This is the web site of FreeLists, a Service of Avenir Technologies, LLC., including "FreeLists", "us," "we," and "our." This page provides our Privacy Policy, a description of the information we collect, when we collect it, and what we do with it. We value your privacy and collect and store only the bare minimum needed to provide the Service. Please also read our Terms of Service. Basic Site Use Under normal circumstances browsing the site requires no personal information collection. The site is public. Public Information Most interations with FreeLists are public: The Service provides "mailing lists," "lists," or "groups" to both individuals and other organizations as a means of them communicating with their "subscribers," willing participants who consent to receive email messages from these groups. These messages are sent by one or more subscribers to, under most circumstances, all list subscribers. When you send email to a mailing list you are revealing to the public your email address, possibly your real name, and any content put into that message. To help protect your privacy, FreeLists suggests not using your real name, using an email address or account dedicated to public mailing list participation, and not sending private or sensitive information in email. All content you send to a FreeLists list is public: FreeLists archives and makes public the content of the lists it hosts for the public good. Do not send sensitive or private information to a FreeLists list. Non-public Information When contacting FreeLists directly, for example when emailing staff@freelists.org for support, this communication is non-public. We use the data you send us in these communications only to the limit of what is necessary to perform business for the limit of the transaction. Information we collect For the Service to function we must collect and store your email address and we require nothing more than this minimum. If you choose to post -- actively participate in a list rather than just receive posts -- we collect and store everything you send and as part of the Service send that to other subscribers who have opted to receive the content. (See above, as we also archive this data for public use.) Interation as a logged-in user of the site may require the use cookies. We use cookies only for the purposes of identifying you for the duration of your application session. The Service makes use of advertising on the site. This advertising may make use of cookies to improve the relevance and value of content displayed, and we use Third Party services to accomplish this. These third parties maintain this data, you are free to opt out of this process, and your data is stored and maintained by them, not FreeLists. Use of your information Your personal information is only used in the process of providing and enhancing the Service. We have no secondary data processors or third-party addons. Your data stays with FreeLists, aside from the data you make public by posting. We do not sell or otherwise transfer your data to others. Children FreeLists does not provide the Service to children under the age of 16. If you are under the age of 16, please do not use the Service. Changes to this policy In the regular course of an evolving business this policy may change at any time. Though we have no plans to do so, we might eventually sell some or all of our business assets or acquire such assets from others. In such events, such as a merger, dissolution, or corporate sale, parts or the whole of the Service including stored data may be part of the assets transferred. Please review this policy periodically. Other related policies This policy covers your data and privacy. Please also refer to our Terms of Service If you have any questions about our policy, please feel free to Contact us. FreeLists Terms and Conditions Terms of Service Updated May, 2018 This page describes FreeLists, a Service of Avenir Technologies, LLC., including "FreeLists", "us," "we," and "our." We describe what the Service is, how it's used, how the service is terminated, and what is expected of you as a user of the Service. By using the Service you agree to these Terms. What FreeLists does FreeLists provides a mailing list (sometimes called "group") functionality where by one or more subscribers "posts" (sends an email) to an address at the Service that results in emails further being sent to other subscribers who have opted to receive the communications. It might be thought of as a giant, automated Cc: list. Lists take the form of both newsletters (one-way) and discussion fora (many-to-many). Our customers self-manage thousands of such lists. Their subscribers (list members) must opt-in and consent to receive the content posted. Posted content is public. We archive everything as a means of growing public knowledge. What FreeLists does not do The Service is not a marketing service, platform, or conduit. We don't participate in advertising, lead generation, analytics, or any form of tracking. We aren't an e-commerce platform. We don't provide "leads" or "contacts." We don't send SPAM. The Service is not commercial. Though we do our best to provide a reliable offering, we provide no warranty for fitness of the service, express or implied -- see below. The Service is provided free of charge. Your responsibilities as a list participant As a list participant (subscriber), which includes list administrators, you are required to: Be at least 16 years of age; Read, understand and accept the Terms as well as our Privacy Policy; Provide consent. You may not participate in a mailing list without willfully accepting the Terms; Comply with copyright, trademark, and patent laws: You affirm that you own all right, title and interest in and to all content you submit to and share with the Service, including but not limited to all copyrights, trademarks, and patents contained therein. Violation of another's rights may result in immediate termination of Service; repeat offenders guarantee termination; Agree that your posts (content) may not include pornography, adult content or nudity. We foster an open and inclusive environment but ask you to use common sense judgement when it comes to how acceptable content will be; Agree that any suggestions or comments you submit to FreeLists, including but not limited to ideas for or potential improvements to the Service are both non-confidential and become our property. We may for example use your testimonials on our site, or encorporate a suggestion for a feature into the Service without acknowledgment or compensation of any kind; Not interfere with the Service or others' ability to use it; Not post any content that contains viruses or any other code, files or programs designed to interrupt, damage or limit the functionality of any telecommunications equipment. Your responsibilities as a list administrator ADDITIONALLY, as a list owner, administrator, or moderator, you are required to: Understand what a mailing list is and how it works. Be or become proficient in operating one, your subscribers are counting on you. Be familiar with email and be responsive; Accept responsibility for the content of your list. Keep content appropriate for public consumption: Enforce our policy of banning racism, hate speech, bullying, nudity and sexually explicit material, violence, gore from your list(s); Ensure consent: every subscriber must opt-in and provide formal consent to participate in a list. Be particularly careful with this if you intend to send content that is commercial in nature; Understand that you are using the Service with thousands of others. Friendly use of the Service such that it doesn't interfere with others' uses is required; Ensure that you and your subscribers are familiar with and comply with the Terms. Be forthcoming with FreeLists if you become aware of any violation of them. Disclaimer of Warranty The Service is provided as is without any guarantees or warranty. In association with the product, FreeLists and Avenir Technologies, LLC make no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights. Use of the product by a user is at the user’s risk. NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, THE PRODUCTS TO WHICH THE INFORMATION MENTIONS MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION MENTIONS. IN NO CASE SHALL THE INFORMATION BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE. Limitation of Liability You EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL FreeLists BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING UNDER OR RELATING TO THIS AGREEMENT OR FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. IN NO EVENT WILL FreeLists BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FreeLists UNDER THIS AGREEMENT, WHICH IS ZERO. Use of the Service is at the user's risk. Termination of Service By the list administrator The list administrator is welcome at any time to discontinue use of the Service by contacting us. By the subscriber Any subscriber is free to terminate Service at any time by unsubscribing. Unsubscribing prevents future uses of the Service and contact from it but does not remove any of the data you may have sent to it for public storage. You may request this be deleted -- you have a right to be forgotten -- please contact us if this is the case. By us We reserve the right to terminate Service to any subscriber or list administrator at any time and without notice for any violation of the terms of the Service, any violation of the spirit of the terms, or in any sitation that we deem to be damaging to the Service or its other users by which termination would be the most appropriate course of action. All such decisions are at our discretion and are final. Other related policies The Terms are closely related to our Privacy Policy. Changes to this policy In the regular course of an evolving business this policy may change at any time. Please review this policy periodically. If you have any questions about this agreement, please feel free to Contact us. Anaconda End User License Agreement © 2015, Anaconda, Inc. All rights reserved under the 3-clause BSD License: Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Anaconda, Inc. (“Anaconda, Inc.”) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ANACONDA, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Notice of Third Party Software Licenses Anaconda Distribution contains open source software packages from third parties. These are available on an “as is” basis and subject to their individual license agreements. These licenses are available in Anaconda Distribution or at http://docs.anaconda.com/anaconda/pkg-docs. Any binary packages of these third party tools you obtain via Anaconda Distribution are subject to their individual licenses as well as the Anaconda license. Anaconda, Inc. reserves the right to change which third party tools are provided in Anaconda Distribution. In particular, Anaconda Distribution contains re-distributable, run-time, shared-library files from the Intel(TM) Math Kernel Library (“MKL binaries”). You are specifically authorized to use the MKL binaries with your installation of Anaconda Distribution. You are also authorized to redistribute the MKL binaries with Anaconda Distribution or in the conda package that contains them. Use and redistribution of the MKL binaries are subject to the licensing terms located at https://software.intel.com/en-us/license/intel-simplified-software-license. If needed, instructions for removing the MKL binaries after installation of Anaconda Distribution are available at http://www.anaconda.com. Anaconda Distribution also contains cuDNN software binaries from NVIDIA® Corporation (“cuDNN binaries”). You are specifically authorized to use the cuDNN binaries with your installation of Anaconda Distribution. You are also authorized to redistribute the cuDNN binaries with an Anaconda Distribution package that contains them. If needed, instructions for removing the cuDNN binaries after installation of Anaconda Distribution are available at http://www.anaconda.com. Anaconda Distribution also contains Visual Studio Code software binaries from Microsoft Corporation (“VS Code”). You are specifically authorized to use VS Code with your installation of Anaconda Distribution. Use of VS Code is subject to the licensing terms located at https://code.visualstudio.com/License. Cryptography Notice This distribution includes cryptographic software. The country in which you currently reside may have restrictions on the import, possession, use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check your country’s laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted. See the Wassenaar Arrangement http://www.wassenaar.org/ for more information. Anaconda, Inc. has self-classified this software as Export Commodity Control Number (ECCN) 5D992b, which includes mass market information security software using or performing cryptographic functions with asymmetric algorithms. No license is required for export of this software to non-embargoed countries. The Intel(TM) Math Kernel Library contained in Anaconda, Inc.’s software is classified by Intel(TM) as ECCN 5D992b with no license required for export to non-embargoed countries and Microsoft’s Visual Studio Code software is classified by Microsoft as ECCN 5D992.c with no license required for export to non-embargoed countries. The following packages are included in this distribution that relate to cryptography: openssl The OpenSSL Project is a collaborative effort to develop a robust, commercial-grade, full-featured, and Open Source toolkit implementing the Transport Layer Security (TLS) and Secure Sockets Layer (SSL) protocols as well as a full strength general purpose cryptography library. pycrypto A collection of both secure hash functions (such as SHA256 and RIPEMD160), and various encryption algorithms (AES, DES, RSA, ElGamal, etc.). pyopenssl A thin Python wrapper around (a subset of) the OpenSSL library. kerberos (krb5, non-Windows platforms) A network authentication protocol designed to provide strong authentication for client/server applications by using secret-key cryptography. cryptography A Python library which exposes cryptographic recipes and primitives. MINDBODY Terms of Service Last Updated: January 2, 2019 Thank you for choosing MINDBODY for your business. When you use our products and services you’re agreeing to our terms, so please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations. Certain capitalized words below are defined in Section 15 (Definitions). MINDBODY provides online business management software services designed specifically for businesses in the wellness industry (“Software Service”). You can access our Software Service via the client login page on our Website and through our Apps. These Terms of Service (“Agreement”) apply to any use of and access to our Software Service, Website or Apps (collectively, “Services”) by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with all of the terms of this Agreement, you may not access or use any Services. This Agreement is effective (“Effective Date”) on the earlier of (a) the date you accept this Agreement by clicking an “I Agree” button or otherwise indicate that you accept this Agreement (including through an Order Form), or (b) the date you (or an Affiliate) first access or use the Services. 1. General Terms 2. Services 3. Your Responsibilities 4. Fees and Payment 5. Intellectual Property Rights 6. Data Ownership and Use 7. Confidential Information 8. Term, Termination and Suspension 9. Warranties and Disclaimer 10. Indemnification 11. Limitations and Exclusions of Liability 12. Export Controls 13. Intellectual Property Policy 14. Miscellaneous 15. Definitions 1. General Terms. When you use our Services, you are entering into a legal agreement and you agree to all of these terms. Agreement. This Agreement is a binding legal agreement between you and the applicable MINDBODY Entity indicated in Section 14.4 below (“MINDBODY”, “we”, “us” or “our”). If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and MINDBODY are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”. You also agree to our Privacy Policy. Our Privacy Policy explains how we collect and use information that’s submitted to the Services. By using the Services, you are indicating that you’ve read the Privacy Policy and agree to its terms. This Agreement covers Apps that allow you to access our software like the MINDBODY business app, but it doesn’t cover the MINDBODY App. This Agreement applies to any use of the Services, whether in connection with a paid subscription or a free trial. For clarity, this Agreement does not apply to use of the MINDBODY App. That has a separate User Agreement, which is accessible through the app. In addition, if you (or any third party on your behalf) uses our APIs, you will be subject to the applicable API terms set forth on our Website and any other terms designated by MINDBODY. Certain additional terms apply if you are entering information that originates in the European Economic Area. To the extent that MINDBODY acts as a processor to You as a controller in relation to Your Data originating from the European Economic Area, the terms of the Privacy Annex apply between the Parties. We continuously strive to improve our products and services, and as our business evolves, this agreement may change. This section describes how we can change the agreement. Changes to the Agreement. We may, in our sole discretion, make changes to this Agreement from time to time. Any changes we make will become effective when we post a modified version of the Agreement to our Website, and we agree the changes will not be retroactive. If we make any material changes to the Agreement, we’ll also notify you within the Software Service or by sending you an email. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Services, and you can terminate your account by emailing support@mindbodyonline.com. It is your obligation to ensure that you read, understand and agree to the latest version of the Agreement that’s posted on our Website. The legend at the top of the Agreement indicates when it was last changed. Additional terms apply to certain products that we provide. Supplemental Terms. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to the service with which it applies. 2. Services. Our software will meet the uptime requirements described in our SLA. Access and Service Levels. MINDBODY will make the Services to which you have subscribed available to you, subject to the terms and conditions of this Agreement. During the Subscription Term, the Software Services will meet the service levels specified in the Service Level Agreement (“SLA”). We may temporarily suspend your access for things like scheduled maintenance, or if a natural disaster occurs. We may also change or discontinue particular features or functions of our Services at any time. Changes to Services. Notwithstanding Section 2.1, in addition to our rights set forth in Section 8.4, we reserve the right to suspend any Services (a) during planned downtime as provided in the SLA, (b) in connection with a Force Majeure event (as described in Section 14.9), or (c) if we believe any malicious software is being used in connection with your account. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the Services at any time. If we make any material changes to the Software Service, we’ll notify you within the Software Service or by sending you an email. Notwithstanding the above, we have no obligation to update or enhance any Services or to produce or release new versions of any Services. We aren’t responsible for any third party products that are integrated with or used in connection with the Services. Third Party Offerings. Although the Services may allow you to access or use Third Party Offerings, they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services hereunder. The availability of any Third Party Offerings through the Services does not imply MINDBODY’s endorsement of or affiliation with the provider. MINDBODY does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. MINDBODY has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting MINDBODY to disclose Your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS). Your base subscription fees include our standard support services. You may also purchase Professional Services for an additional fee. Support Services. As part of the Services you will have access to MINDBODY’s standard support services described at https://support.mindbodyonline.com/s/article/214494348-Standard-Support-Services (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time. For an additional fee, you may purchase Professional Services as described at https://www.mindbodyonline.com/professional-services (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time. We are not responsible for products or services from companies we recently acquired until we test and improve those products or services. Recently Acquired Offerings. As an administrative courtesy to you, we may offer Recently Acquired Offerings to you through this Agreement before fully integrating, testing, and improving such offerings to meet our standards, which may take up to twelve (12) months. All representations and/or warranties made by us in this Agreement do not apply to such Recently Acquired Offerings. This describes how we leverage our optional marketing services to drive business to you. Participation in marketing services is voluntary, and you may sign up through our software. If you choose to participate, you agree to pay any related fees. Marketing Services. When you subscribe to our Software Service, your business will be provided the opportunity to be listed on MINDBODY’s online marketing platform (“Marketing Services”), which allows consumers to locate MINDBODY subscribers and evaluate, review and book their services, directly through the MINDBODY App and through our partner applications. From time to time, MINDBODY may offer subscribers the opportunity to participate in promotional programs (“MINDBODY Promote”), which are designed to promote their businesses and attract customers through the Marketing Services. To enroll in MINDBODY Promote, you must review and agree to the applicable MINDBODY Promote terms and conditions accessible at https://www.mindbodyonline.com/terms-of-service/promote-terms (or such other URL as specified by MINDBODY) (“MINDBODY Promote Terms”). MINDBODY reserves the right to charge fees for MINDBODY Promote in accordance with the MINDBODY Promote Terms. If you enroll in MINDBODY Promote, you agree to pay all applicable fees for MINDBODY Promote in accordance with Section 4.2 of this Agreement. In the event of any conflict between this Agreement and the MINDBODY Promote Terms, the MINDBODY Promote Terms will apply. We are not responsible for any damages resulting from your use of any trial or beta services. Free, Trial and Beta Services. MINDBODY may in its sole discretion offer free, trial or beta Services from time to time at no charge. Notwithstanding anything to the contrary herein: (a) any free, trial or beta Services are provided “AS IS” with no warranties of any kind; and (b) MINDBODY may discontinue any free, trial or beta Services or your ability to use such Services at any time, with or without notice and without any further obligations to you. Without limiting the generality of the foregoing, free Services that have not been accessed or used for 12 consecutive months may be terminated by us. MINDBODY will have no liability for any harm or damages suffered by you or any third party in connection with any free, trial or beta services. Additional terms apply to the purchase of a payment terminal device. Payment Terminal Terms. Additional terms specific to the use of Payment Terminals apply and are hereby incorporated by reference into this Agreement as if set forth fully herein. Additional terms apply to the purchase of professional services. Professional Services Terms. Additional terms specific to the procurement of Professional Services apply and are hereby incorporated by reference into this Agreement as if set forth fully herein. Additional terms apply to the branded mobile app. Branded Mobile App Terms. Additional terms specific to the procurement of the Branded Mobile App apply and are hereby incorporated by reference into this Agreement as if set forth fully herein. Additional terms apply to the purchase of heart rate monitors, receivers, payment enabling, and other hardware. Hardware Terms. Additional terms specific to the procurement and use of heart rate monitors, receivers, payment enabling, and other similar hardware apply and are hereby incorporated by reference into this Agreement as if set forth fully herein. Additional terms apply for payment processing services. Payment Processing. MINDBODY offers the ability to process payments through the Services (“Payment Processing Services”). Payment Processing Services are provided by our third party payment processing partners as Third Party Offerings and any procurement by you or your Affiliates will be subject to a separate merchant agreement which will be solely between you (or your Affiliate) and the third party processer. MINDBODY may offer special pricing, credits, and/or discounts to you or your Affiliates for the Services contingent upon timely procurement, and continued material usage, of the Payment Processing Services and/or MINDBODY Payments. In the event you or your Affiliate stop utilizing the Payment Processing Services and/or MINDBODY Payments, MINDBODY may, in its sole discretion, revoke the special pricing, credits, and/or discounts being applied to the Services. At MINDBODY’S sole discretion, you may be offered Payment Processing Services provided by Stripe (“MINDBODY Payments”). MINDBODY Payments are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) and subject to certain fees and surcharges communicated to you during the enrollment process and as may be updated by MINDBODY from time to time. By enrolling in MINDBODY Payments, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MINDBODY enabling payment processing services through Stripe, you agree to provide MINDBODY accurate and complete information about you and your business, and you authorize MINDBODY to share it and transaction information related to your use of the payment processing services provided by Stripe pursuant to our Privacy Policy. To the extent permitted by law, we may collect any obligations you owe us under this Agreement by deducting the corresponding amounts from funds payable to you arising from the settlement of card transactions through MINDBODY Payments. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts are not sufficient to meet your obligations to us, we may charge or debit the bank account or credit card registered in your account for any amounts owed to us. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest. Additionally, we may require a personal guaranty from a principal of a business for funds owed under this Agreement. If we require a personal guarantee we will specifically inform you. In addition to the amount due, delinquent accounts may be charged with fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees and convenience fees and other third parties charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to MINDBODY by you. Such communication may be made by MINDBODY or by anyone on its behalf, including but not limited to a third party collection agent. Additional terms apply to the automated marketing product. Frederick Services. If you sign-up for our Frederick automated marketing product, you hereby agree to be bound by and adhere to the Frederick Terms of Service, the Privacy Annex for Frederick Services, the Frederick Security Policy, and the Frederick Client Communication and Anti-Spam Policy. In addition, to find out what personal information MINDBODY collects and how it uses it in connection with the Frederick automated marketing product, please consult the Frederick Privacy Policy 3. Your Responsibilities. You are responsible for making sure that your Affiliates and End Users comply with the terms of this agreement and applicable laws. Liability for Affiliates and End Users. You are responsible for all activity occurring under or relating to your account, including, but not limited to, your staff, employees, consultants, advisors, independent contractors, and End Users. You will ensure that your Affiliates and End Users comply with all of the provisions of this Agreement, including any Supplemental Terms and acceptable use policies provided or made available by MINDBODY, and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase) is deemed to include access or use, as appropriate, by Affiliates and/or End Users, and any act or omission of an Affiliate or End User that does not comply with this Agreement will be deemed a breach of this Agreement by you. You are also responsible for ensuring that you have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations. These are things you promise to do in connection with using the Services. Data; Unauthorized Access; Maintaining Networks. You will: (a) have sole responsibility for the accuracy and quality of Your Data and for ensuring that your collection and use of Your Data complies with applicable laws, including those related to data privacy and transmission of personal data; (b) prevent unauthorized access to, or use of, the Services, and notify MINDBODY promptly of any unauthorized access or use; and (c) have sole responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use the Services. These are things you promise not to do in connection with using the Services. Restrictions on Use. You and your Affiliates and End Users will not: (i) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (iii) attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement; (iv) post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs; (v) restrict or inhibit any other person or entity from using the Services; (vi) remove any copyright, trademark or other proprietary rights notice from the Services; (vii) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (viii) systematically download and store Services content; or (ix) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services. Notwithstanding subsection (ix) above, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of any Website, MINDBODY grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. MINDBODY reserves the right to revoke these permissions at any time and without notice. You are liable if any Cardholder Data is mishandled under your account. Cardholder Data. You are solely responsible for any liability resulting from your or any Affiliate’s handling of Cardholder Data. You agree that you and Affiliates will comply with PCI DSS anytime the Services are used to process credit cards. You will ensure all user names and passwords are kept confidential. User Names and Passwords. MINDBODY may reject or require that you change any user name or password under your account. User names and passwords are for internal business use only and may not be shared with any third party, including any competitor of MINDBODY. You, and not MINDBODY, are responsible for any use or misuse of user names or passwords associated with your account. 4. Fees and Payment. Software Services Fees. Fees for the subscribed Software Services (“Subscription Fees”) are set forth on our website at https://www.mindbodyonline.com/pricing (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time, or as otherwise stated on an Order Form. This describes our fees and your payment obligations. All fees are non-refundable and must be paid in advance. Payment Terms. You agree to pay MINDBODY the Subscription Fees and any other applicable fees stated on an Order Form or otherwise specified in this Agreement. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise stated on an Order Form, fees must be paid in advance of each billing period. You will provide MINDBODY with valid and updated credit card information or another form of payment acceptable to MINDBODY. If you provide credit card information, you represent that you are authorized to use the card and you authorize MINDBODY to charge the card for all payments hereunder. By submitting payment information, you authorize MINDBODY to provide that information to third parties for purposes of facilitating payment. You agree to verify any information requested by MINDBODY for purposes of acknowledging or completing any payment. Overdue Charges. Any amounts not received by the applicable due date may accrue late interest at 1.5% of the outstanding balance per month, or the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by MINDBODY within thirty (30) days after the applicable due date will be deemed a material default under this Agreement, and MINDBODY will be entitled to either suspend the Services or terminate the Agreement in accordance with Section 8.2. Changes in Fees. Upon notice to you, MINDBODY may increase any fees specified in an Order Form, provided the increase will not become effective until the expiration of the current Subscription Term. MINDBODY may increase any fees that are not specified in an Order Form at any time, with or without notice to you. MINDBODY may also convert any free, trial or beta Service into a Service subject to a Subscription Fee upon notice to you, and your rights to such Service will be suspended if you do not pay the Subscription Fee. Payment Errors. If you believe a payment has been processed in error, you must provide written notice to MINDBODY within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by MINDBODY within such thirty (30) day period, the payment will be deemed final. Taxes. Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If MINDBODY is legally required to pay or collect any Taxes on your behalf, MINDBODY will invoice you and you will pay the invoiced amount. For clarity, MINDBODY will be solely responsible for taxes assessed on MINDBODY based on its income. You acknowledge that we may make certain reports to tax authorities (e.g., 1099 forms) regarding transactions that we process and merchants to which we provide Payment Processing Services. 5. Intellectual Property Rights. This describes our intellectual property rights in the Services. MINDBODY Intellectual Property. MINDBODY or its affiliates own all right, title and interest in and to the Services, the MINDBODY Data and Aggregated Data, including, without limitation, all intellectual property rights therein. Subject to the limited rights expressly granted to you under this Agreement, MINDBODY and its affiliates reserve all rights, title and interest in and to the Services, the MINDBODY Data and Aggregated Data, including, without limitation, all related intellectual property rights. MINDBODY’s and its affiliates’ service marks, logos and product and service names, including, without limitation, MINDBODY, the Enso logo, and Love Your Business (the “MINDBODY Marks”) are owned by MINDBODY or its affiliates. You agree not to display or use any MINDBODY Marks in any manner without MINDBODY’s express prior written permission. Any trademarks, service marks and logos associated with a Third Party Offering may be the property of the third party provider, and you should consult with their trademark guidelines before using any of their marks. You are only allowed to use the Services in accordance with this agreement and for internal business purposes. License Grant to You. Subject to the terms and conditions of this Agreement, MINDBODY hereby grants to you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license and right to use the Services set forth in an Order Form, during the Subscription Term and solely for your internal business purposes. You will not: (a) modify, copy or create any derivative works based on the Services; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Services available to any third party, other than to Affiliates and End Users as permitted herein; (c) reverse engineer or decompile any portion of the Services, including but not limited to, any software utilized by MINDBODY in the provision of the Services; (d) access or use (or allow a third party to access or use) the Services for competitive analysis or to build any competing products or services; (e) copy any features, functions, integrations, interfaces or graphics of the Services; or (f) otherwise use or exploit the Services in any manner not expressly permitted by this Agreement. You grant us a license to use your feedback, trademarks and logos in connection with providing the Services and for general marketing purposes. License Grant to MINDBODY. You hereby grant to MINDBODY and its affiliates a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to (a) modify, copy, distribute and incorporate into the Services (without attribution of any kind) any suggestions, enhancement request, recommendations, proposals, correction or other feedback or information provided by you, Affiliates or End Users relating to the Services or MINDBODY’s or its affiliates’ business(es); and (b) to use your business name(s), trademarks, service marks, logos or any publicly available images (collectively, “Your Marks”) in connection with: (x) providing the Services, (y) for marketing and promotional purposes in connection with MINDBODY’s business, and (z) for Marketing Services. MINDBODY agrees that any use by MINDBODY of any of Your Marks will inure solely to the benefit and goodwill of your business. Other than those rights specifically granted to MINDBODY or its affiliates herein, all right, title and interest in and to Your Marks are expressly reserved by you. 6. Data Ownership and Use. You own all data you provide to us, but you also grant us a license to use it for certain purposes, for example, to improve our products or to provide you with complementary products of our partners. Your Data. As between you and MINDBODY, you own all right, title and interest in Your Data. You hereby grant to MINDBODY a nonexclusive, worldwide, assignable, sublicensable, fully paid-up and royalty-free license and right to copy, distribute, display and perform, publish, prepare derivative works of and otherwise use Your Data for the purposes of providing, improving and developing MINDBODY’s or its affiliates’ products and services and/or complementary products and services of our partners. You represent and warrant to MINDBODY that you have all rights necessary to grant the licenses in this Section 6.1, and that your provision and use of Your Data through and in connection with the Services does not violate any applicable laws or rights of any third party. This describes our rights in data that we collect through independent sources, like the MINDBODY App. MINDBODY Data. Notwithstanding Section 6.1, all right, title and interest in any data or information collected by MINDBODY independently and without access to, reference to or use of any of Your Data, including, without limitation, any data or information MINDBODY obtains about End Users through the MINDBODY App (whether the same as Your Data or otherwise), will be solely owned by MINDBODY (collectively, “MINDBODY Data”). We will own all Aggregated Data. Aggregated Data. You authorize MINDBODY to aggregate or anonymize Your Data or other data in connection with the Agreement, and MINDBODY will own all Aggregated Data. You agree that nothing in this Agreement will prohibit MINDBODY or its affiliates from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or any End Users. Our Privacy Policy covers how we collect and use personal information. Personal Information. Our Privacy Policy governs how we collect and use personal information that is submitted through the Services. By accessing or using the Services, you agree to that you have read and accept our Privacy Policy. Without limitation, you acknowledge and agree that MINDBODY may process Your Data for the purpose of providing the Services and related functions, such as billing and customer or End User support, as well as to send direct marketing communications to your representatives’ or End Users, data science and product or service improvement and reporting. You represent and warrant that You are authorized to process Your Data and make such data available to MINDBODY for uses as set out in the Agreement and Privacy Policy, including through appropriate notice, consent and by your referring individuals, such as End Users, to our Privacy Policy (notwithstanding MINDBODY’s ability and right, to which You agree, to request consent, and provide notice and its Privacy Policy separately to individuals). You must notify us if you are subject to HIPAA and sign a BAA agreement. HIPAA. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") imposes rules to protect certain personal health information or “PHI” as that term is defined under HIPAA. If you or any Affiliate is subject to HIPAA and providing or processing any PHI in connection with the Services, prior to accessing or using the Services you must notify MINDBODY and enter into a Business Associate Agreement (“BAA”) in the form provided by MINDBODY. You are solely responsible for determining whether you or any Affiliates are subject to HIPAA. You may send notice and request a BAA by emailing privacy@mindbodyonline.com. We have controls in place to prevent outside parties from stealing or accessing Your Data. Protection and Security. During the Subscription Term, MINDBODY will maintain administrative, physical and technical safeguards designed for the protection and integrity of Your Data. MINDBODY will maintain PCI DSS compliance for the portions of the Services that store and process Cardholder Data. We will notify one another if either of us becomes aware that Your Data has been compromised. Unauthorized Disclosure. If either Party believes that there has been a disclosure of Your Data in a manner not authorized under this Agreement, such Party will promptly notify the other Party. Additionally, each Party will reasonably assist the other Party in remediating or mitigating any potential damage, including any notification which should be sent to individuals impacted or potentially impacted by such unauthorized disclosure. We are not responsible for resolving or intervening in any dispute over Your Data. Data-Related Disputes. You are solely responsible for resolving disputes regarding ownership or access to Your Data, including those involving any current or former owners, co-owners, employees or contractors of your business. You acknowledge and agree that MINDBODY has no obligation whatsoever to resolve or intervene in such disputes. 7. Confidential Information. This describes the confidentiality obligations we have to one another under the agreement. A Party will not disclose or use any Confidential Information of the other Party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement; (b) with the other Party's prior written permission; or (c) to the extent required by law or order of a court or other governmental authority or regulation. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party; (b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party; (c) was independently developed by a Party without breach of any obligation owed to the other Party; or (d) was or is received from a third party without breach of any obligation owed to the other Party. For clarity, nothing in this Section 7 will restrict MINDBODY with respect to MINDBODY Data or Aggregated Data. 8. Term, Termination and Suspension. We can each end this Agreement anytime by providing 30 days’ advance notice. Term. Unless otherwise specified in an Order Form, the term of this Agreement will be month to month (“Subscription Term”). The Subscription Term commences on the Effective Date and will automatically renew on a monthly basis until either Party terminates in accordance with this Agreement. Either Party may terminate the Agreement and/or any subscription at any time, for any reason or no reason, by providing notice to the other Party at least thirty (30) days before the end of the relevant Subscription Term. Unless otherwise specified in an Order Form, Subscription Fees during any automatic renewal term will revert to the current pricing in effect at the time such renewal term commences. We have the right to end the Agreement immediately if you breach it. Termination for Cause. MINDBODY may terminate this Agreement and/or any subscription, effective immediately upon notice to you, if you or an Affiliate are in material breach of this Agreement. In the event of a termination pursuant to this Section 8.2, in addition to other amounts you may owe MINDBODY, you must immediately pay any unpaid Subscription Fees associated with the remainder of the Subscription Term. In no event will any termination relieve you of your obligation to pay any fees payable to MINDBODY for the period prior to the effective date of termination. This describes what will occur and the rights that apply when the Agreement is terminated. Rights on Termination or Expiration. Upon termination or expiration of this Agreement (a) all Order Forms will automatically terminate and be of no force or effect; (b) you will have no rights to continue use of the Services and will cease accessing and/or using the Services; and (c) except as specified in the following paragraph, MINDBODY will have no obligation to maintain your Services account or to retain or forward any data to you or any third party, except as required by applicable law. For a period of no greater than thirty (30) days following a notice of termination, MINDBODY will make Your Data available to you through MINDBODY’s standard web services. Upon request by you within thirty (30) days following the termination date of this Agreement, and provided that you have paid MINDBODY all amounts owed under this Agreement, MINDBODY will make Your Data in its possession or control available to you through MINDBODY’s data export service. After such thirty (30) day period, MINDBODY will have no obligation to retain or provide Your Data, except as required by applicable law. If at any time during the Subscription Term you require MINDBODY’s assistance in retrieving Your Data, additional fees may apply. The following will survive any expiration or termination of this Agreement: the Introduction and Sections 1, 2.3, 2.6, 3, 4 (other than Section 4.1), 5, 6, 7, 8.2, 8.3, 9.1, 9.3, 10, 11, 12, 13, 14 and 15. We have the right to suspend or terminate the Services at any time if we detect harmful or illegal activity under your account. Right to Terminate or Suspend Services. We may suspend or terminate your access to and use of the Services (or any portion thereof) at any time without notice if we believe (a) that any activity or use of Services in connection with your account violates this Agreement, the intellectual property rights of a third party or applicable laws, or is otherwise disruptive or harmful to MINDBODY or any third party, (b) that we are required to do so by law, or (c) where the Parties do not agree on the use of a sub-processor. 9. Warranties & Disclaimer. You are responsible for keeping your account contacts and other account information up to date, and you must notify us if anything changes. Accuracy of Your Account Information. You agree to provide MINDBODY with complete and accurate account information, including your legal company name, street address, e-mail address, bank account, and such other information as may be requested by MINDBODY (collectively, “Account Information”). You are responsible for the accuracy and timely updating of Account Information, and you agree to promptly notify MINDBODY in writing if any Account Information changes. You agree that MINDBODY has no responsibility or liability whatsoever for any loss or damages caused, either directly or indirectly, by inaccurate Account Information. We promise that the software will generate reports and perform functions as generally described on our Website. Warranty of Functionality. MINDBODY warrants to you that during a Subscription Term: (a) the subscribed Software Service will perform materially in accordance with the functionality described in the Documentation applicable to such Software Service; and (b) such functionality will not be materially decreased. Your sole and exclusive remedy for a breach of this warranty will be that MINDBODY will use commercially reasonable efforts to modify the applicable Services to achieve the functionality described above. If MINDBODY is unable to restore such functionality, you may terminate the Agreement by providing written notice to MINDBODY, and you will be entitled to receive a pro-rata refund of any pre-paid fees. MINDBODY will have no obligation with respect to a warranty claim under this Section 9.2 unless notified by you in writing no later than thirty (30) days after the first instance of any material functionality problem. This warranty will only apply if the applicable subscribed Services have been utilized in accordance with this Agreement and applicable laws. For clarity, this warranty will not apply to any free, trial or beta Services. This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. DISCLAIMER. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 9.2 ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDBODY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR RELATED DOCUMENTATION. MINDBODY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS PROVIDED IN SECTION 9.2, THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH MINDBODY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “MINDBODY PARTIES”). 10. Indemnification. If we are sued by another party as a result of something you’ve done, you’ll cover the costs. You agree to indemnify, defend, and hold harmless the MINDBODY Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach by you, an Affiliate or End User of any provisions of this Agreement; (b) any access to or use of the Services by you, an Affiliate or End User; (c) any actual or alleged violation by you, an Affiliate or End User of the intellectual property, privacy or other rights of a third party; and (d) any dispute between you and another party regarding ownership of or access to Your Data. 11. Limitations and Exclusions of Liability. These are the limits of legal liability we may have to you. MINDBODY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY MINDBODY. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MINDBODY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE INCIDENT OR $100.00 (USD), WHICHEVER IS GREATER. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH MINDBODY AND THE MINDBODY PARTIES. IN NO EVENT WILL ANY MINDBODY PARTIES HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF MINDBODY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 12. Export Controls. You promise to comply with any applicable export control laws and that you are not subject to any U.S. trade restrictions or sanctions. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce, the US Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulations. You represent and warrant to MINDBODY that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction. 13. Intellectual Property Policy. Any information and data submitted to the Services must not violate the intellectual property rights of third parties. MINDBODY respects the intellectual property rights of others and will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Intellectual Property Policy accessible at https://www.mindbodyonline.com/terms-of-service/intellectual-property (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time. Any data or information submitted to the Services is subject to our Intellectual Property Policy. 14. Miscellaneous. California law applies to this Agreement. Governing Law. This Agreement will be governed by and interpreted in accordance with the internal laws of the State of California without regard to conflicts of laws principles. The U.N. Convention on the International Sale of Goods will not apply. In the unlikely event we end up in a legal dispute, you agree we will first attempt to resolve it through this informal process. Mandatory Informal Dispute Resolution. If you have any dispute with MINDBODY arising out of or relating to this Agreement, you agree to notify MINDBODY in writing with a brief, written description of the dispute and your contact information, and MINDBODY will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the Parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either Party may pursue resolution of the dispute in accordance with the arbitration agreement below. If we can’t resolve a dispute after following the process above, then we must resolve through arbitration and not in court. Arbitration Agreement. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MINDBODY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO SECTION 14.2 ABOVE WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND MINDBODY AND YOU EACH HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures (currently accessible at www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTG_004130) as amended by this Agreement. Any arbitration hearing will be held in San Luis Obispo County, California. The applicable governing law will be as set forth in Section 14.1 (provided that with respect to arbitrability issues, federal arbitration law will govern). The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The location of your business determines which MINDBODY Entity you are contracting with. MINDBODY Entity. The table below sets forth the MINDBODY entity you have entered into this Agreement with (“MINDBODY Entity”) depending on where you are domiciled: If you are domiciled in: The MINDBODY Entity is: Australia or New Zealand and their respective territories MINDBODY, Pty Ltd, an Australian proprietary limited company United Kingdom or Isle of Man MINDBODY, Ltd., a private limited company registered in England and Wales United States and its territories, and all other countries MINDBODY, Inc., a Delaware corporation Entire Agreement. This Agreement, together with any Order Forms and any terms and policies that are incorporated into this Agreement by reference (including by reference to a URL), constitute the entire agreement and supersede any prior agreements between you and MINDBODY with respect to the subject matter hereof. In the event of a conflict between an Order Form and this Agreement, the Order Form will control. This Agreement supersedes and replaces all prior and contemporaneous agreements, proposals or representations, written or oral, between MINDBODY, on the one hand, and you or any Affiliate, on the other hand. Waiver and Severability. No waiver of any provision of this Agreement by MINDBODY will be effective unless in writing and signed by MINDBODY. No waiver by either Party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Assignment. You may not assign, delegate or transfer this Agreement in whole or in part, without MINDBODY’s prior written consent. MINDBODY may assign, transfer or sublicense any or all of MINDBODY’s rights or obligations under this Agreement without restriction. This explains how we can send each other notices in connection with this Agreement. Notices. Any notices provided by MINDBODY under this Agreement may be delivered to you within the Services or to the email address(es) we have on file for your account. You hereby consent to receive notice from MINDBODY through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day. Except as otherwise specified in the Agreement, any notices to MINDBODY under this Agreement must be delivered via first class registered U.S. mail, overnight courier, to MINDBODY, Inc., Attn: MINDBODY Customer Support, 4051 Broad Street, Suite 220 San Luis Obispo, CA 93401, with a copy to MINDBODY, Inc., Attn: MINDBODY Legal Department, 4051 Broad Street, Suite 220 San Luis Obispo, CA 93401. We are not liable for things that are out of our control like natural disasters. Force Majeure. Neither Party will be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving MINDBODY’s or your employees, respectively), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. Electronic Communications and Signatures. You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law. Relationship of the Parties. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and MINDBODY. Definitions. For the purposes of this Agreement, the following capitalized terms will have the meanings set forth for each of them below: “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with you, and that has been designated to receive Services under this Agreement. “Control” for purposes of this definition means the power to direct or cause the direction of the management and policies of the subject entity, whether through equity ownership, a credit arrangement, franchise agreement or other contractual arrangement. “Affiliate” also includes any of your business locations and any Franchisees that have been designated to receive Services under this Agreement. “Aggregated Data” means anonymized or aggregated data derived by or through the operation of the Services that is created by or on behalf of MINDBODY and that does not reveal any personally identifying information. “API” means MINDBODY’s application programming interface that is described at https://developers.mindbodyonline.com (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time, and any subsequent application programming interfaces that are developed and made available by MINDBODY to interact with or otherwise be used in connection with the Services. “Apps” means any mobile applications through which MINDBODY makes the Software Service available, including MINDBODY business app and MINDBODY branded mobile app. “Apps” excludes the MINDBODY App. “Cardholder Data” means credit card numbers, expiration dates, billing addresses, and cardholder names as entered by End Users and you. Cardholder Data is a subset of End User Data. "Confidential Information" means (a) any software utilized by MINDBODY in the provision of the Services and its respective source code; (b) each Party’s business or technical information, including but not limited to the Documentation, information relating to software plans, designs, costs, prices and names, business opportunities, personnel, research, development or know-how that is designated by the disclosing Party as “confidential” or “proprietary” or the receiving Party knows or should reasonably know is confidential or proprietary; and (c) any special pricing or other non-standard terms agreed to by the Parties in an Order Form or other separate written document. “Documentation" means MINDBODY’s online user guides, documentation, and help and training materials, as may be updated by MINDBODY from time to time, accessible at www.mindbodyonline.com, and any other materials provided by MINDBODY as part of the Services. “End User” means a business or individual that schedules or purchases products or services from you through the Services, that you market to, communicate with, or target through the Services, or that otherwise interacts with you through the Services, or that you authorize to use the Services in connection with your business. “End User Data” means all data, information or other material about an End User that you, an Affiliate or End User provides or submits to the Services. End User Data may include Cardholder Data and such portions of Your Data that relates to specific End Users. “Franchisee” means any party that is bound by a franchise agreement with you, and that you have designated to receive Services under this Agreement. Franchisees are bound by the terms of this Agreement as if they were an original party hereto. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. “Marketing Services” means MINDBODY’s online marketing platform, which allows consumers to locate MINDBODY subscribers and evaluate, review and book their services, directly through the MINDBODY App and through our partner applications. “MINDBODY App” means the consumer-facing, downloadable mobile app made available by MINDBODY and known as the “MINDBODY App” (and its successor products), which allows consumers to use their mobile devices to find, book and pay for the services of participating MINDBODY subscribing businesses. “Order Form” means a separate ordering document, invoice, online form, or other documentation that specifies the Services ordered or purchased hereunder, the applicable fees (or if the Services are free), and other terms as agreed to between the Parties. If an Order Form indicates that any Affiliates or Franchisees will be receiving Services hereunder, each of them will be bound by the terms of this Agreement as if they were an original party hereto. “PCI DSS” means the requirements of the Payment Card Industry Data Security Standard, as detailed on https://www.pcisecuritystandards.org/, and as may be updated from time to time. “Professional Services” means MINDBODY’s supplemental, fee-based technical support services described at https://www.mindbodyonline.com/professional-services (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time. “Privacy Policy” means the MINDBODY Privacy Policy accessible at www.mindbodyonline.com/privacy-policy (or such other URL as specified by MINDBODY), as may be updated by MINDBODY from time to time. “Recently Acquired Offerings” currently include those from, or branded with, FitMetrix, Inc., Frederick Labs LLC, Booker Software, Inc., and other applicably designated acquisitions which we make you aware. “Services” means the Software Services, the Website and the Apps. “Services” excludes Third Party Offerings and the MINDBODY App. “Software Service” is defined in the Introduction. “Third Party Offerings” means any third party products, applications, websites, implementations or services, including loyalty programs, that the Services link to, or that interoperate with or are used in conjunction with the Services. “Website” means www.mindbodyonline.com and any other websites through which MINDBODY makes the Software Service available. “Your Data” means any data, information or material provided or submitted or made available by you and Affiliates to the Services. Your Data may include End User Data and Cardholder Data (and your or their representative’s data), but excludes Aggregated Data. MINDBODY Privacy Policy Last Updated: December 31, 2018 At MINDBODY, Inc. and our affiliates (“MINDBODY”), we respect your privacy and are committed to maintaining your trust. TRUSTe This Privacy Policy describes our practices in connection with information that we collect through: our consumer-facing mobile application (“MINDBODY App”), our online business management software (“Software Service”), our social media pages, HTML-formatted email messages that we send to you that link to this Privacy Policy, and any other MINDBODY products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy Collectively the “MINDBODY Services”. When you access or use the MINDBODY Services, you agree to the terms and conditions of this Privacy Policy. 1. Defined Terms. The following terms will have the meanings indicated below. Please refer to our Subscriber Terms of Service or the MINDBODY Consumer Agreement for any capitalized terms that are not defined in this policy. “End User” means any individual who interacts with the MINDBODY Services, including users of our mobile applications such as the MINDBODY App, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the MINDBODY Services. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as MINDBODY App usage data. “Personal Information” is information that identifies you as an individual or relates to an identifiable person, such as name, postal address, telephone number, email address, credit card number, and social media account ID. It does not include strings of code such as browser cookie IDs. “Subscriber” is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service. Sometimes, we use the term “information” in this Privacy Policy, which may refer to either Personal Information or Other Information. 2. Categories of Personal Information. Personal Information we collect or obtain includes: Contact details (e.g., name, address, email, telephone number, which may include third party emergency contact information), Personal details (e.g., date of birth, education, nationality), Financial and transaction data (e.g., purchase history, account information, shipping and billing information, etc.), Other MINDBODY Services related data (e.g., customer requests, statistics, etc.), and Location data with your permission (e.g. geolocation data sent via a mobile device). 3. How We Collect Information. Through the MINDBODY Services We collect information about you whenever you use the MINDBODY Services, for example: If you are a customer of a Subscriber or simply a MINDBODY App user, when you create an account on the MINDBODY App, we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account. If you are a Subscriber, when you sign up for our Software Service, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. We also collect Personal Information about your customers that they provide to the MINDBODY Services when they initiate a transaction or otherwise interact with you, such as to book an appointment or make a purchase. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices. We collect information about you when you interact with the MINDBODY Services. For example, if you initiate a transaction through the MINDBODY Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with third parties for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the MINDBODY Services, such as IP address, operating system, device ID, and device type. We may collect information about third parties, including your emergency contacts, and only use this information for the reason it was provided. We and third party service providers on our behalf collect information about your location when you use or access MINDBODY Services. The degree of precision of the location data varies depending on the source of such information. Those sources include: Data from your device through settings you activate: Other location sources: IP address We collect and use this location-related data in order to Provide you with services you have purchased or requested Deliver content that is relevant to you based upon your location Deliver marketing or ad content that is relevant to you based on your location Protect against abuse or misuse of services or of your account Improve our site and services You may disable the collection and use of your location data through your browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by changing these settings. From other sources In addition to the information we collect from you through MINDBODY Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your MINDBODY App account, certain information from your social media account may be shared with us, including information that’s part of your profile or your friends’ profiles. We may also collect other Personal Information through the MINDBODY Services under the direction of our Subscribers. We need to collect Personal Information in order to provide the requested MINDBODY Service to you. If you do not provide or enable us to collect the necessary information, we may not be able to provide the MINDBODY Service. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the MINDBODY Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy. 4. How Personal Information May Be Used. We may use your Personal Information for legitimate business purposes, including: To provide the functionality of MINDBODY Services and related support. To create, and administer accounts, fulfil and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.). To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies. We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation. To provide you with marketing and promotional materials and opportunities, and facilitate social sharing. To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications. To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices. To allow you to participate in sweepstakes, contests or similar promotions. To facilitate social sharing functionality if you choose to do so. We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest. For reporting and trending. To better understand you and our other users, so that we can tune and personalize our offering. For trending and statistics, and to improve our products and services We will engage in this activity because we have a legitimate interest. To accomplish our business purposes. For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements. For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft. For responding to legal duties, such as requests from public and government authorities. We will engage in these activities to comply with a legal obligation or because we have a legitimate interest. To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time. 5. How Personal Information May Be Disclosed. We may disclose your Personal Information: To our affiliates for the purposes described in this Privacy Policy. MINDBODY, Inc. is the party responsible for the management of the jointly-used Personal Information. To our strategic partners and third party service providers who provide services such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services. To our Subscribers if you are an End User and are using our MINDBODY Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices. To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices. To third party sponsors of sweepstakes, contests and similar promotions, consistent with your choices. To you, through message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum.” To your friends associated with your social media account, to other website users and as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your MINDBODY App account or our social media pages. To business partners in the context of a corporate transaction. If MINDBODY is involved in a sale or business transaction (e.g., merger or acquisition), MINDBODY will retain a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring or target entity and its advisors. Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information. 6. Your California Privacy Rights: Notice to California Customers and Opt-Out Information. California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in Section 8 below. 7. How to access, correct, delete or exercise other rights regarding your Personal Information. Where applicable law allows for such a request, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact MINDBODY at privacy@mindbodyonline.com with the subject line “Data Subject Request.” We will respond to your request consistent with applicable law. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, MINDBODY may need to forward your request and refer you to your Subscriber who may be better placed to address your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). We may retain residual information, such as records to document that your request has been fulfilled. If you are under 18 years of age and a user of the MINDBODY Services, you may also be entitled to ask us to remove content or information that you have posted to the MINDBODY Service by submitting a request to support@mindbodyonline.com. Please note that your request does not ensure complete or comprehensive removal of the content or information if doing so infringes on the rights of another user. If you are a customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like request the exercise of a right as set out above in relation to Personal Information held by a Subscriber, please contact the Subscriber directly. 8. Your choices regarding our use and disclosure of information. Information you provide may be used by MINDBODY for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from: Receiving electronic communications from us: If you are a user of the MINDBODY App and no longer want to receive marketing-related emails or mobile text messages from us on a going-forward basis, you may opt-out of receiving these marketing-related emails or mobile text messages by sending a request for list removal to unsubscribe@mindbodyonline.com or changing your preferences in the MINDBODY App. If you have provided your information to MINDBODY, and opt-out, MINDBODY will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out. Our sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by emailing unsubscribe@mindbodyonline.com from the email that you have signed up or used in receiving the MINDBODY Services. We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the MINDBODY Services, and you cannot opt-out from receiving those messages. Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device’s calendar application, storage, Bluetooth, camera, and microphone. If you have previously allowed access to your device’s calendar and no longer wish to allow access, you may edit the application settings at the device level. 9. Tracking and Advertising. We and our third party service providers may collect Other Information in a variety of ways. We and/or our third party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the MINDBODY Services by informing us what content is effective. For more information on our use of cookies and similar technologies, including instructions on how to opt-out, please refer to our Cookies Policy. 10. Social Media Features and Widgets The MINDBODY Services includes social media features such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are governed by the privacy policy of the company providing it. 11. Public Forum. Our websites offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose Personal Information through MINDBODY public message boards, blogs, or forums, this information may be collected and used by others. To request removal of your Personal Information from our blog or community forum, contact us at support@mindbodyonline.com. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why. 12. Facebook Connect. You can log in to some of the MINDBODY Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account. 13. Testimonials, Ratings and Reviews. If you submit testimonials, ratings or reviews to the MINDBODY Services, any Personal Information you include may be displayed in the Service. If you want your testimonial removed, please contact us at support@mindbodyonline.com. We also partner with third party service providers to collect and display ratings and review content on our web site. 14. Third Party Payment Processor We currently use third party payment processors as a Third Party Offering for internet based payment services. If you wish to make a payment through MINDBODY Services, your Personal Information may be collected by such processors directly and not by us, and will be subject to the third party’s privacy policy. See Section 24 for a list of third parties and their applicable privacy policies. We have no control over, and are not responsible for, third parties’ collection, use and disclosure of your Personal Information. 15. Links To Other Websites. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Subscribers and any third party operating any Third Party Offering, site or other products and services used in connection with the MINDBODY Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates. Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the MINDBODY Services, including our social media pages. 16. Data Retention. We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include: The length of time we have an ongoing relationship with you and provide the MINDBODY Services to you (for example, for as long as you have an account with us or keep using the MINDBODY Services); Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 17. Security of Your Information. The security of Personal Information is a high priority at MINDBODY. We seek to use reasonable technical, administrative and physical safeguards to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us please refer to our Security Policy 18. Use of Service By Minors. The MINDBODY Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the MINDBODY Services. 19. Cross-Border Transfer. The MINDBODY Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the MINDBODY Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information. Some of the non-European Economic Area (“EEA”) countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses with our vendors (based on the clauses published at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087, a copy of which can be obtained by Contacting Us, see below) and/or participation in the E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield to protect your Personal Information in the U.S as further explained below. You can consult our Privacy Shield certification at https://www.privacyshield.gov/participant?id=a2zt0000000TOHGAA4&status=Active. 20. Sensitive Information. We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, trade union membership or criminal background) on or through the MINDBODY Services or otherwise to us, except where explicitly requested or consented to. 21. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield. MINDBODY participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, with the exclusion of the Frederick product which relies on standard contractual clauses. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list. MINDBODY is responsible for the processing of personal data it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. MINDBODY complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, MINDBODY is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. 22. Changes to This Privacy Policy. MINDBODY may make changes to this Privacy Policy from time to time. Any changes we make will become effective when we post a modified version of the Privacy Policy to https://www.mindbody.com/privacy-policy. If we make any material changes to the Privacy Policy, we may also notify you by posting notice on our websites or within the applicable MINDBODY Services, or by sending you an email. If you continue using the MINDBODY Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the MINDBODY Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated. 23. Contact Us. If you have any questions regarding this Privacy Policy you can contact us via email at privacy@mindbodyonline.com or via postal mail at: ATTN: MINDBODY Legal - Privacy Policy Issues MINDBODY, Inc. 4051 Broad Street Suite 220 San Luis Obispo, CA 93401 For the EEA, you may also: Contact our Data Protection Officer responsible for your country or region, if applicable at privacy@mindbodyonline.com. Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080. 24. Third Party Sub-Processors The following is a list of current third party vendors that may either directly or indirectly collect information from you in their capacity as a Sub-Processor. Please review the relevant privacy policies (links current as of the date of publication of this Privacy Policy) for further information on how each third party handles your Personal Information: Third Party Name Privacy Policy/Notice Link Sendgrid https://sendgrid.com/policies/privacy/ Stripe https://stripe.com/us/privacy Twilio https://www.twilio.com/legal/privacy Terms of Service Last updated: December 14, 2018 Opera Singapore and its affiliates offer a number of different services through their respective websites and software. The terms of this document govern your use of those services. Please read this document carefully. 1. This is a contract. a. These Terms of Service (“Terms”), along with Opera’s Privacy Statement, form a legally-binding contract between you and Opera Singapore, as well as its affiliates (“Opera” and “we,” “us” and “our”). By using the Services (as defined below), you are agreeing to be legally bound by these Terms. If you don’t agree with these Terms, you must discontinue using the Services. b. As used in these Terms, the word “Services” applies to online services provided to you by Opera through its software applications, websites and APIs. 2. We expect you to be a responsible user. a. You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur while using any Services, including the content of any transmissions you send through the Services and any content you upload or publish using the Services. b. We expect you to respect the rights of others. By using the Services, you agree that you will not upload, transfer, or otherwise make available files, images, code, materials, or other information or content (“Content”) that violates the rights of any third party, including their intellectual property rights, however defined. c. You also agree not to upload, transfer, or otherwise make available any Content that is obscene, vulgar, sexually-oriented, hateful, or threatening. Opera strictly forbids unsolicited messaging and unauthorized advertisements while using the Services. d. Opera has a zero-tolerance policy against child sexual abuse content and will terminate the access of any user who publishes or distributes child sexual abuse content. Furthermore, we will report such user to the appropriate authorities. e. You are responsible for the security of your user account. Certain Services (including use of Opera’s forums) allow you to create a user account to access to certain Services. You are entirely responsible for maintaining the confidentiality of your user account and password. Additionally, you are also responsible for any and all activities that occur under your user account. f. You acknowledge that information of any kind presented to you via the Services may be protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to violate these laws or infringe these rights in any way. g. Certain features of the Services may allow you to publish or send content that can be viewed by others (“User Generated Content”). You agree that Opera is not liable for User Generated Content that is provided by others. Opera has no duty to pre-screen User Generated Content, but Opera has the right to refuse to post, edit, or deliver User Generated Content. Opera reserves the right to remove User Generated Content for any reason, but Opera is not responsible for any failure or delay in removing such material. Opera reserves the right to block any user’s access to any content, website or webpage at our sole discretion. h. Opera does not claim ownership of any User Generated Content. However, by submitting User Generated Content on any Service, including any ideas, concepts, know-how, or techniques described therein, you consent to Opera’s unrestricted use of those items. i. If you upload any Content or User Generated Content to Opera’s sites, you warrant that you have the necessary rights and authority to do so, including the necessary consent to upload and distribute any personal information about third persons. You agree that you will not upload viruses or other forms of malware. 3. Details. For clarity, and consistent with the rest of these Terms, here are further details on specific Services that may be available through the Opera websites or software applications. a. Extension catalog: Opera may offer a portfolio of third party browser extensions and themes (“Add-Ons”). Opera exercises no editorial control over the Add-Ons that you access through this Service. b. Compression: Opera’s software applications include compression functionality to enable users to boost the download of web content such as webpages and/or videos. This functionality requests web content through Opera’s proxy or compression servers. Your browsing experience may change due to increased loading speeds. Certain webpages may not be available through proxy servers. c. News recommendations: Opera’s software applications may include a current news feed feature to help you discover and access news content made available by third parties on the internet. Opera exercises no editorial control over any content that you access through this Service. d. Synchronization: Opera allows you to enable synchronization of browser data such as your speed dials between Opera browsers on the devices you are using. This Service requires that you login to a social network service or create an Opera account. e. Contextual hints: Opera’s browser for computers may include “Browser Assistant”, a component that provides contextual hints about certain Opera browser features and other useful information which you might be interested in. Browser Assistant is an optional component of the software. f. Virtual Private Network: Through Opera’s browser for computers you may have access to a virtual private network (“VPN”). Consistent with other provisions of these terms, you agree not to use the VPN service in a manner that violates applicable law or otherwise infringes any third party’s rights. Opera does not guarantee that VPN service will always be available. The VPN feature is not an end-to-end service and it does not guarantee that any transmissions of information made while using VPN will be secure. Note that certain websites may not be accessible while using VPN. g. Snapshot: Opera’s browser for computers may include functions that enable you to easily take screenshots of content viewed through the browser. This feature is for your personal, non-commercial use only. You agree never to use the feature in any way that violates applicable law, or the rights of any third party, including copyrights. h. Virtual Reality functions: Opera’s browser for computers may include functions that facilitate access to virtual reality content using your virtual reality hardware. Your use of any virtual reality hardware and related services are governed by separate terms and conditions. Opera is not responsible for your use of your hardware, or for any virtual reality content produced by third parties. 4. The Services are provided without any warranties or guarantees. Opera does not guarantee that your use of the Services will be problem free. Although we work hard to provide the highest quality software and services, we cannot and do not guarantee that they will work perfectly every time or in every respect. a. The Services are provided “as is” without warranties of any kind. Opera and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. b. Opera does not represent or warrant that the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or other harmful components. c. In compliance with local law, certain Services and websites may not be available in some countries. 5. Certain Services are provided by third parties. Some Services accessible through the Opera software applications are provided by other companies (“Third Party Services”). Third Party Services may be subject to separate terms and conditions. These Third Party Services may include the following: a. Geolocation API: A geolocation service provided by Google LLC. By using the service you accept Google’s Terms of Service available at https://policies.google.com/terms; and b. WhatsApp: A messaging service provided by WhatsApp, Inc., whose terms of use are available at https://www.whatsapp.com/legal; and c. Messenger: A messaging service provided by Facebook, Inc., whose terms of use are available at https://www.facebook.com/legal/terms; and d. Yandex.Zen: A content aggregation/recommendation service offered by Yandex Services AG and its affiliates. By using the Yandex.Zen service, you accept the Yandex.Zen Terms of Use published at https://yandex.com/legal/zen_termsofuse. 6. Your access to the Services is subject to change. Opera reserves the right at any time to modify or discontinue the Services in whole or in part, and to terminate your access to the Services at any time, with or without notice. You agree that Opera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Opera may also terminate or suspend your user account for inactivity, which is defined as failing to sign-in to the Services for an extended period of time, as determined by Opera. Opera reserves the right to assign its rights and responsibilities under these Terms to any third party. 7. Links to the Third Party Sites are available through the Services. The Services may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Opera has no control over and no responsibility for Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Opera. 8. Our Services are ad-supported. All our Services are generally provided free of charge. Opera incurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the Services for free, we will display the advertisements of select partners to you. By using our Services, you consent to the placement of such advertisements within the Services. 9. Opera is not responsible for any damages you may incur as a result of your use of the Services. a. You agree that Opera shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services. b. You agree that Opera is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Opera is not responsible for any content sent using and/or included in the Services by any third party. c. In no event shall Opera and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide any Services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if opera or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance. If you are dissatisfied with any portion of the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services and related websites. d. You agree to indemnify and hold Opera, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Services. 10. We need you to respect our trademarks. The Opera word mark and the Opera, Opera News, and “O” logos are trademarks of Opera Software AS (a Norwegian company) in Singapore, Norway, the European Union and other countries. You agree that all such trademarks, trade names, service marks and other Opera logos and brand features, and product and service names are trademarks and the property of Opera Software AS (the “Opera Marks”). Without prior written permission, you agree not to display or use the Opera Marks in any manner. 11. These Terms are based on English law. These Terms will be governed by the laws of England and Wales, without giving effect to any conflicts of law principles that may require the application of the laws of a different country. Any and all disputes arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in English in accordance with the UNCITRAL Arbitration Rules for the time being in force at the commencement of the arbitration. The place of arbitration shall be Singapore before a tribunal of three arbitrators, one to be appointed by each of the parties and the third by the two so chosen, unless the parties have agreed to the appointment of a sole arbitrator. The parties agree that the seat of the arbitration shall remain in London. Notwithstanding this, you agree that Opera shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby. 12. Opera may modify these Terms. Opera may update these Terms or the Privacy Statement from time to time. The current version of these Terms are posted at https://www.opera.com/terms. The Privacy Statement is posted at https://www.opera.com/privacy. It is your responsibility to remain informed of any changes, because you are legally obligated to abide by the latest versions of these Terms and the Privacy Statement. You may not assign or transfer your rights under these Terms without obtaining Opera’s prior written consent, and any purported assignment or transfer in violation of this section will be null and void. 13. Notice to rights holders. If you believe that any content accessible via the Services infringes your rights, you may submit a notification to Opera in which you provide the following information: (a) identification of the rights/works that are being infringed upon; (b) identification of the content that is infringing your rights (including URL(s) for the content); (c) your name, address, telephone number, and electronic mail address; (d) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the rights holder, its agent, or the law; (e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to copyright@opera.com. ADDITIONAL CRYPTO WALLET TERMS Opera’s crypto wallet Service provides self-hosted, user controlled services related to Ethereum and related cryptographically secured tokens (“Crypto Currency”). While commonly referred to as a “wallet”, it is important for you to understand that, unlike cash in a physical wallet, Crypto Currency is not stored in the wallet. Our wallet Service stores a key pair (an address or public key, as well as an encrypted private key). The key pair enables you to communicate with Ethereum-based blockchains (“Ethereum Networks”) through our wallet Service and without requiring you to download or install additional software to your device. Any Crypto Currency, however, is stored, sent and received by and within the relevant Ethereum Network. The wallet Service facilitates your communications with and use of these Ethereum Networks. Ethereum Networks are peer-to-peer networks supported by third parties. In order to be completed, all proposed transactions must be confirmed and recorded in the Crypto Currency’s associated network. We have no control over the Ethereum Networks and, therefore, cannot and do not ensure that any transaction details that you submit will be confirmed and processed, or that this will occur in a timely manner. You should carefully asses the Ethereum Network and Crypto Currency with which you choose to transact. Use of our wallet Service is subject to these Terms of Service, including the following: a. Create or Import a Wallet. To use this Service, you must either import an existing wallet or create a new wallet. If you create a new wallet, you will be assigned a key pair consisting of a public key (or address) for your wallet, as well as an encrypted private key. You will also be assigned a human readable, mnemonic pass phrase (“Backup Phrase”) for use in accessing your encrypted private key. b. Write Down Your Backup Phrase. When creating a new wallet, you will be prompted to write down your Backup Phrase. Your wallet does not receive or store your Backup Phrase. Neither your key pair nor the Backup Phrase is available to us. We cannot, therefore, assist you with key pair or Backup Phrase retrieval. We cannot generate a new Backup Phrase for your wallet. You accept and acknowledge that any Crypto Currency you have associated with your wallet address will become inaccessible if you do not have your Backup Phrase. We also strongly encourage users to take a backup of their Backup Phrase as well as their key pair on an external medium. c. Keep Your Backup Phrase Secure. The Backup Phrase can be used to unlock your encrypted private key, which is stored in a separate file on your device. The private key is connected to your wallet’s public address and, together, they can be used to authorize the transfer of Crypto Currency to and from that address. You will be responsible for maintaining the confidentiality of your Backup Phrase, and will be fully responsible for any and all activities that occur using such Backup Phrase. d. You are Responsible to Manage Your Crypto Currency. Once transaction details have been submitted to an Ethereum Network it is not possible to cancel or otherwise modify your transaction. We have no control over any Ethereum Network and we do not have the ability to facilitate any cancellation or modification request. You must ensure that you have adequate Crypto Currency associated with your wallet address before initiating a transaction. e. You Must Comply With the Law. You can only use our wallet Service if permitted under the laws of your jurisdiction. Please make sure that your use of the wallet Service are in compliance with all laws, rules, and regulations that apply to you. It is your responsibility to determine what, if any, taxes apply to your Crypto Currency transactions, and it is your responsibility to report and remit the correct tax to the appropriate tax authority where applicable. We are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any of your transactions. RMIT privacy policy Privacy Statement Privacy Statement – Recruitment RMIT values privacy and is committed to handling personal information in accordance with the RMIT Privacy and Data Protection Policy and relevant legislation. By submitting your personal information, you consent to the use and disclosure of this information for the purpose of being considered for employment at RMIT University. Information collected about you will be managed securely, only be used in relation to this purpose and will not be disclosed to a third party without your consent, except as provided in this statement or otherwise required by law. This website is hosted by PageUp, a contracted service provider of RMIT. Privacy and data security assurance is required by RMIT as part of the contracting process such as compliance with ISO 27001. Personal Information will be handled as follows: ·         You may access, update or correct or remove any personal information concerning you while it remains on this website. Where practical, the information will only be held for as long as required including, for example, to meet legal requirements or our needs.  ·         During the period your information is held, you may be considered to be a suitable candidate for an appointment for which you have not applied.  In this case you will be advised by email or telephone and asked if you consent to being considered further. You will be forwarded information about that position or advised how to locate it on the web. ·         Should you be short listed or selected for certain positions, you may be asked to give consent to a Police Check and/or agree to obtain a Working With Children Check ·         When considering candidates for a particular appointment, RMIT may verify details of past results and/or qualifications you hold from other educational institutions and professional bodies ·         Comments by your nominated referees are confidential unless the referee authorises the release of that information ·         Should you be appointed to a position at RMIT, your information will be transferred to Staff Employment records and managed in accordance with RMIT policies and procedures. RMIT is required under law to collect and report details such as your Tax File Number to the Australian Taxation Office ·        Your information will be used, stored and disclosed to/by those involved in recruitment, hiring and background screening activities and those managing or facilitating with this process, including contracted service providers to RMIT, and such service providers will only do so for the purpose of providing such services to RMIT and not for any other purpose ·         De-identified information may be used for RMIT planning and  improvement processes Declaration By continuing with the application process you agree to the following statement: The information I have provided in my application is current and accurate. I understand and accept the conditions in the privacy statement above. IntegraPay Direct Debit Request Service Agreement This Agreement is designed to explain what your obligations are when undertaking a Direct Debit arrangement with IntegraPay and the Business. It also details what our obligations are to you as your Direct Debit Provider. We recommend you keep this agreement in a safe place for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR form. l/ We hereby authorise IntegraPay Pty Ltd (ABN: 63 135 196 397) Direct Debit User ID 382220 to make periodic debits on behalf of the Business, as indicated on the front of this Direct Debit Request (herein referred to as the Business). l/ We acknowledge that IntegraPay is acting as a Direct Debit Agent for the Business and that IntegraPay does not provide any goods or services and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement with the Business. l/ We acknowledge that IntegraPay and the Business will keep any information (including account details) contained in the Direct Debit Request confidential. IntegraPay and the Business will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information. We will only disclose information that we have about you: (a) (b) to the extent specifically required by law; or for the purposes of this agreement (including disclosing information in connection with any query or claim). l/ We acknowledge that the debit amount will be debited from my/our account according to the Direct Debit Request, this Agreement and the terms and conditions of the agreement with the Business. l/ We acknowledge that bank account details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain, you should contact your financial institution. l/ We acknowledge that is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the Direct Debit to be honoured on the debit date. Direct Debits normally occur overnight, however transactions can take up to three (3) business days depending on the financial institution. l/ We acknowledge and agree that sufficient funds will remain in the nominated account until the Direct Debit amount has been debited from the account and that if there are insufficient funds available, l/ We agree that IntegraPay will not be held responsible for any fees and charges that may be charged by my/our financial institution. l/ We acknowledge that there may be a delay in processing if: 1) 2) 3) There is a public or bank holiday on the day, or any day after the debit date A payment request is received by IntegraPay on a day that is not a Banking Business Day A Payment request is received after normal operational hours, being 4pm Monday to Friday. Any payments that fall due on any of the above will be processed on the next business day. l/ We authorise the Business to vary the amount of the payments from time to time as provided for within the Business agreement. l/ We authorise IntegraPay to vary the amount of the payments upon instructions from the Business. l/ We do not require IntegraPay to notify me/us of such variations to the debit amount. l/ We acknowledge that an additional fee of 1.10% will apply to international card payments. l/ We acknowledge that the total amount billed will be for the specified period for this and/or subsequent agreements and/or amendments. l/ We acknowledge that the Business is to provide 14 days notice if proposing to vary the terms of the debit arrangements. l/ We acknowledge that variations to the debit arrangement will be directed to the Business. l/ We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business. l/ We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming, you are advised to contact your financial institution. l/ We acknowledge that if a debit is returned by my/our financial institution as unpaid, l/ We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by IntegraPay. l/ We authorise IntegraPay to attempt to re-process any unsuccessful payments as advised by the Business. l/ We acknowledge that setup, variation, dishonour, SMS, transaction or processing fees may apply. l/ We authorise: 1) 2) Integra Pay (Debit User ID 382220) to verify details of my/our account with my/our financial institution My/Our Financial Institution to release information allowing IntegraPay to verify my/our account details. Centrelink Privacy Notice Privacy and your personal information Your personal information is protected by law (including the Privacy Act 1988) and is collected by the Australian Government Department of Human Services for the assessment and administration of payments and services. This information is required to process your application or claim. Your information may be used by the department, or given to other parties where you have agreed to that, or where it is required or authorised by law (including for the purpose of research or conducting investigations). You can get more information about the way in which the department will manage your personal information, including our privacy policy, at humanservices.gov.au/privacy. Avant Website Terms of Use About this website This is a website operated by Avant Mutual Group Limited (ABN 58 123 154 898) under the domain name www.avant.org.au (Avant Website). The Avant Website is operated on behalf of Avant and its wholly owned subsidiaries. Your use of the information is governed by these Terms and Conditions and Avant's Privacy Policy. In addition to the terms contained in this document, there are also specific terms which form part of the Terms and Conditions and govern your use of and access to certain parts/sections of the Avant Website. Since you are also bound by these additional terms, you should review them whenever they are accessible by you on the Avant Website. The medical and legal information on the Avant Website is not comprehensive and is intended to provide a general outline only. You should not act on the basis of anything contained on the Avant Website without first obtaining specific professional advice. Avant's service provider may keep logs of your visit to this site, which may include information about your server's address, domain name, the date and time of your visit, the pages accessed, any documents downloaded, previous site visited and the type of browser used. When paying for a product or service online, Avant requires your contact information, policy number and payment details. We use a recognised payment service provider to process any payments you make using this website. This service provider is committed to protecting your personal information on our behalf. Avant will neither identify nor disclose users of this website or their browsing pattern, unless required by law. Avant will record your email address whenever you send us an email and use it only for the purpose for which it was sent to us. Avant also collects personal information from you when you complete online applications for our products and services and transact with us online. If Avant collects personal information through this website it will inform you about the nature of information collected, for what purpose it is collected and how this information will be used and, if it is to be disclosed, to whom. Avant may use cookies for the purpose of collecting information. Information about the law relates only to the laws of Australia, unless specifically stated otherwise. Enquiries and emails To send an email to us, or to make an enquiry online, you will need to complete an email form available on this website. Many of our online forms ask for a limited amount of personal information for contact purposes, such as an email address or telephone number. You have the choice of whether or not to provide additional personal information. Information provided to Avant either directly or indirectly through these forms will be used by Avant for the purpose advised to you at the time the information is collected, and to meet Avant’s legal obligations. Links to other websites This site may contain links to sites maintained by other organisations. A link from this site does not imply Avant's endorsement or agreement with the views of those sites. Avant does not provide any warranty or take any responsibility for the accuracy, source or any other aspect of those sites. Avant is not liable for any loss or damage, however caused (including through negligence), which may be directly or indirectly suffered by you or anyone else in connection with use of this site or a linked site. Copyright Copyright in the material on the Avant Website is owned or licensed by Avant and its subsidiaries. If you use any information on this site you must acknowledge the source of that information appropriately. Unique Student Identifier Student Privacy Terms and Conditions Your Privacy The personal information that you provide to the Student Identifiers Registrar is protected by the Privacy Act 1988. The collection, use and disclosure of your USI is protected by the Student Identifiers Act 2014. Further information about the protection of your information, including how you can access and seek correction of your personal information held by the Student Identifiers Registrar, how to make a complaint about a breach of your privacy and how such complaints are handled, is contained in the Student Identifiers Registrar's Privacy Policy. Privacy notice I understand that the information provided by me through the USI application: is collected by the Student Identifiers Registrar for the purposes of processing my application for, verifying and giving a USI, resolving problems with a USI, and creating authenticated VET transcripts; may be disclosed to: Commonwealth and State government departments and agencies, Boards of Study, and specified VET-related bodies for: the purposes of administering and auditing vocational education and training (‘VET’), including VET providers and VET programs; education related policy and research purposes; and to assist in determining eligibility for training subsidies; VET Regulators to enable them to perform their VET regulatory functions; VET Admission bodies for the purposes of administering VET and VET programs; current and former registered training providers to enable them to deliver VET courses to me, meet their reporting obligations under the VET standards and government contracts and assist in determining eligibility for training subsidies; schools for the purposes of delivering VET courses to me and reporting on these courses; the National Centre for Vocational Education Research for the purpose of creating authenticated VET transcripts, resolving problems with USIs and for the collection, preparation and auditing of national VET statistics; researchers for education and training related research purposes; any other person or agency that may be authorised or required by law to access the information; any entity contractually engaged by the Student Identifiers Registrar to assist in the performance of his or her functions in the administration of the USI system; and will not otherwise be disclosed without my consent unless authorised or required by law. I understand and acknowledge that giving of false or misleading information is a serious offence. If you are applying for a USI for yourself, these are the Terms and Conditions that apply to you. Terms and Conditions To create your Unique Student Identifier (USI) or before you can access your USI account you must tick the box where it says ‘I agree to the above terms and conditions’. Please find below the full terms and conditions. It is important that you understand and you must agree to the Terms and Conditions before using this website. Please read carefully the information below: Disclaimer Security Statement Accessibility information Applying for a USI Your personal information The Student Identifiers Act 2014 authorises the Student Identifiers Registrar to collect personal information about you. When you apply for a USI you will be asked to provide some personal information without which a USI cannot be assigned to you. This will include: your name, including first or given name(s), middle name(s) and surname or family name or one name if you have just one your date of birth your city or town of birth your country of birth your gender your contact details The reason that you are asked to provide personal information is to ensure that your USI is correctly assigned to you – and so that, if you forget your USI, the Student Identifiers Registrar can easily provide it to you if you need it. Before the USI is assigned to you, you must activate the USI account by setting a password and check questions. This ensures that your USI information is protected from unauthorised access. Your identity When you apply for a USI you will also need to verify your identity. You can choose to provide your identity information from a range of documents including your Medicare card, birth certificate, driver licence, Australian passport, citizenship document, your visa (with non-Australian passport) or ImmiCard. The information you provide as evidence of your identity in this application will be checked automatically with the document issuing agencies (for example, Medicare Australia). If you do not have any of these identity documents available you can click here for more information. Agreeing to the Terms and Conditions I have read the information in relation to: the Disclaimer the Security Statement the Accessibility information your personal information your identity your privacy your understanding applying for a USI on behalf of another person I understand and acknowledge that giving of false or misleading information is a serious offence. Disclaimer Definitions Harmful Code Harmful Code means any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware. Loss Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue. Agency Agency means any agency (including departments) of the Australian Government. You and your You and your means the user of the Student Identifiers Registrar website. Our, us and we Our, us and we means the Student Identifiers Registrar The Student Identifiers Registrar Strives to protect information you provide on the Student Identifiers Registrar website. We will use all reasonable endeavours to ensure that Student Identifiers Registrar website and your information are not compromised. However, we cannot guarantee that no Harmful Code will enter the Student Identifiers Registrar website. You should be aware of the risks associated with using websites. Recommends that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems. Advises that if you experience a problem or loss that is caused by the information you send to or via the Student Identifiers Registrar website, your computer being compromised in some way or by something beyond our control, we cannot take responsibility for causing the problem. We will, however, do our best to help you if we can. Advises that where connection to a system or website outside our control compromises the objectives of the Student Identifiers Registrar website we may sever links to that website or system. Security statement The Student Identifiers Registrar Security Responsibilities The Student Identifiers Registrar will make every effort to ensure that: the data you give us will be safe. your data is stored at a secure facility. regular backups of data are performed to ensure it can be recovered in case of a disaster. all access to the system is logged and if any unauthorised behaviour occurs, the logged data will assist us in identifying and resolving the issue. Protecting your computer You should: install and activate security software on your computer. ensure your security software includes anti-virus, anti-spyware, firewall and anti-spam filter. run regular scans of your computer for viruses. remember to update your security software to ensure you are always running the current version. Other steps you should take help protect your computer include: check your Internet browser’s security settings for ways to make your browsing more secure. do not open email attachments if you do not know the sender. only download files from reputable Internet sites. be wary when exchanging files with colleagues or friends. never click on hyperlinks in emails received from unknown sources. Protecting your password You should: never share your password with anyone. never send your password via email. make your password as strong as possible. Contact us Please Contact us to report any suspicious or unauthorised activity relating to your use of the Student Identifiers Registrar. Accessibility Under the Disability Discrimination Act 1992, Australian Government agencies are required to ensure information and services are provided in a non-discriminatory accessible manner. The Student Identifiers Registrar website has been designed to meet the Australian Government standard established in respect of this requirement. The Student Identifiers Registrar is currently compliant with the Web Content Accessibility Guidelines version 2.0 1 (WCAG 2.0) standard. WCAG 2.0 is a technical standard developed under the Web Accessibility Initiative of the World Wide Web Consortium (W3C). If any information or service provided by the Student Identifiers Registrar is inaccessible to you or you are experiencing problems accessing content for any reason, please Contact us. Brisbane Council Free Wifi Terms and Conditions of Use The service is available at all Brisbane City Council ("Council") libraries to provide internet access to all users. When accessing or using the Council Wi-Fi service, the user must agree to the following terms and conditions of service. To accept the terms and conditions and access and/or use the Council Wi-Fi service, click the I Agree button. If the user does not agree to the terms and conditions of the Council Wi-Fi service, the user must not access or use the Council Wi-Fi service and click on the Reject button. Wireless environment. • Downloads may be limited to 100MB. • Bandwidth availability and therefore download speed can fluctuate. • The network connections will be stronger the closer you are to the access point. • The service will automatically disconnect if not used for 5 minutes. User Responsibilities. Council is not responsible for any changes that the user makes to their hardware in accessing the Council Wi-Fi service and the user is advised to record any settings before making any changes. While this is a filtered service, Council does not guarantee the quality of information on the Internet. It is the responsibility of the user to determine the validity, quality and relevancy of the information accessed. Anti-virus, security and privacy of information are also the responsibility of the user. Unacceptable and illegal use of the Council Wi-Fi service includes but is not limited to: • attempting to modify or gain access to files, password or data belonging to others. • display of offensive, illegal or inappropriate material. • infringement of copyright or other intellectual property rights. The police may be contacted if pornographic material has been accessed or any other illegal activity has been committed. Wireless environment. Council makes no warranties or representations as to the accessibility, security, stability or reliability of the Council Wi-Fi service. By accessing or using the Council Wi-Fi service, the user releases and discharges and must defend and indemnify Brisbane City Council and its personnel from any liability which might arise from access to or use of the service including liability in relation to defamatory or offensive material or any breach of intellectual property rights which may occur as a result of access to or use of the Council Wi-Fi service by the user. The user acknowledges that the downloading of illegal information from the internet could lead to prosecution. Brisbane City Council assumes no responsibility, and is not liable, for any damage - direct or indirect, arising from access to or use of the Council Wi-Fi service. For more information visit www.brisbane.qld.gov.au or call (07) 3403 8888. Flatmates.com Personal Information Collection Statement We will collect and use your personal information (which may include cookies we collect through your use of Flatmates.com.au and our other websites) to give you a personalised user experience (eg. recommending properties you may be interested in or receiving saved searches by email) and to promote the services of Flatmates.com.au and third parties. Our Privacy Policy further explains how we collect, use and disclose personal information and how to access, correct or complain about the handling of personal information. Please also refer to our Privacy Policy and Terms of Use Flatmates.com Terms and Conditions of Use This website http://flatmates.com.au (Website) (including all subsidiaries), is owned, operated and maintained by Flatmates.com.au Pty Ltd (Flatmates.com.au). Flatmates.com.au provides an online community that enables: People with accommodation looking for a tenant or co-tenant to:
 a. Create a Listing for their rental properties by uploading Content; and
 b. Search Listings for people who are seeking to rent accommodation as a tenant or co-tenant; and People seeking to rent accommodation to:
 a. create a Listing for themselves by uploading Content; and b. search for rental properties and to get in contact with people who have accommodation to rent; (the Services). By accessing, registering on and/or using the Website, or using the Services, you agree to be bound by these Terms and Conditions of Use. Flatmates.com.au may, in its sole discretion, modify, vary, amend or revise these Terms and Conditions of Use (including, without limitation, any Services provided under these Terms and Conditions of Use) at any time, and you agree to be bound by those varied Terms and Conditions of Use. While Flatmates.com.au will endeavour to notify you of any major changes to these Terms and Conditions of Use from time to time, you agree that you will periodically review the most up-to-date version of these Terms and Conditions of Use. In these Terms and Conditions of Use: “Content” means graphics, photos, text, videos and location data relating to either available accommodation or a user who is seeking accommodation; “Intellectual Property Rights” means copyright, patents, trade marks, designs and other statutory rights and all common law or equitable rights protecting business or personal reputation; “Listing” means an online advertisement or promotion either: (a) promoting or offering rental properties or other accommodation for rent; or (b) seeking available accommodation to rent; and “Personal Information” has the meaning given to that term in the Privacy Act 1988 (Cth). 1. LISTINGS 1.1 Users uploading Listings a. If you upload Content and/or create a Listing: i. you must ensure that such Content and Listings are true, correct and not duplicated; ii. you must ensure that such Content and Listings are up-to-date at the time they are uploaded and are kept up-to-date for the duration of the time they are available on the Website; iii.you must remove any Content and Listings as soon as reasonably practicable after either: A. the accommodation the subject of the Listing has been withdrawn from rent or after you have filled the vacancy for that accommodation, whichever is earlier; or B. the person identified in the Listing that is seeking accommodation has found accommodation and no longer needs to seek accommodation or no longer needs accommodation for whatever reason, whichever is earlier; iv. you are solely responsible for making your own assessment of any user who contacts you in relation to any Listing and their suitability for the vacancy the subject of the Listing or the suitability of the accommodation (as applicable). Flatmates.com.au will not provide any information about any such users or assist you in any way in making your assessment by, for example, conducting any background checks that may be appropriate in respect of such users; and v. you must ensure that any proposed rental agreement between you and another person for accommodation abides by any Local, State, or Commonwealth laws relating to the provision or use of rental accommodation, including residential tenancy law, strata by-laws, and local government planning laws. b. If you use the Services in a way that breaches these Terms and Conditions of Use or we deem any Content or Listing on the Website to be unacceptable, Flatmates may take action remedy this, including but not limited to, amending or deleting the Content or Listing, adjusting access to your Account, terminating your Account or any other action that we determine appropriate in our sole and absolute discretion. c. If Flatmates.com.au determines that any Content or Listing has been inactive for 7 days or longer, it may remove that Content or Listing in its sole and absolute discretion. d.Discretion is granted to Flatmates.com.au to delete, deactivate or edit any Content or Listings that are duplicated, breach our Terms and Conditions or are found to be inappropriate. e. Flatmates.com.au does not make any representation or provide any warranty in respect of any user of the Website including, without limitation, any representation or warranty in respect of the suitability, behavioural characteristics of or creditworthiness of a user as a tenant or prospective tenant of any accommodation the subject of a Listing. 1.2 Users of the Website a. If you use the Website to browse or search Listings seeking accommodation or a prospective tenant to fill vacant accommodation: i. you are solely responsible for making your own assessment of the accommodation or user in any Listing or any user who has uploaded the Listing and their suitability for your needs. Flatmates.com.au will not provide any information about any users who have uploaded a Listing and will not assist you in any way in making your assessment by, for example, conducting any background checks that may be appropriate in respect of such users; ii. you should inspect the accommodation that is the subject of any Listing and meet with any prospective tenants or co-tenants who are the subject of any Listing (as applicable) and/or the prospective landlord before making a decision whether or not to apply to rent or sub-rent any such accommodation; and iii. you must ensure that any proposed rental agreement between you and another person for accommodation abides by any Local, State, or Commonwealth laws relating to the provision or use of rental accommodation, including residential tenancy law, strata by-laws, and local government planning laws. b. Flatmates.com.au does not make any representation or provide any warranty in respect of the Content of any Listing, of any user of the Website or any accommodation or users the subject of a Listing including, without limitation, any representation or warranty in respect of the suitability or behavioural characteristics of a user as a landlord, co-tenant or prospective landlord or co-tenant of any accommodation the subject of a Listing or the condition of any such accommodation. c. Flatmates.com.au does not inspect any accommodation that is the subject of a Listing. d. Flatmates.com.au does not vet, question, or check any person who creates an Account on the Website. Flatmates.com.au does not conduct any identity or personal checks on any person who creates an Account on the Website. e. Flatmates.com.au does not vet, question, or check any person who is the subject of a Listing. Flatmates.com.au does not conduct any identity or personal checks on any person who is the subject of a Listing. f. Flatmates.com.au does not vet, question, or check any person who creates a Listing offering accommodation, or any person who uploads Content for offering accommodation. Flatmates.com.au does not conduct any identity or personal checks on any person who creates a Listing offering accommodation, or any person who uploads Content for offering accommodation. g. Flatmates.com.au does not check, either by itself or through an independent third party, the truth, accuracy or completeness of any Content or the accuracy of any location details available in respect of a Listing including, without limitation, location details provided by use of Google’s Google Maps service. Your use of Google Maps is subject to the Google Maps Terms of Service and Google Privacy Policy. 2. ACCOUNTS 2.1 Registration a. To publish Content, you must register with Flatmates.com.au by providing certain information to Flatmates.com.au including your name, email address and your mobile telephone number (Account). b. After creating an Account but before publishing Content, you must enter an activation code sent by Flatmates.com.au to your mobile telephone number. c. You represent and warrant that you are the account holder for the mobile telephone number provided to Flatmates.com.au when registering your Account. d. You must: i. be 18 years or older or over the age of majority in the jurisdiction from which you access the Website; or ii. if you are under 18 years or under the age of majority in the jurisdiction from which you access the Website, have the permission or consent of one of your parents or legal guardians, to register an Account and/or upload Content to the Website and you represent and warrant at the time of registering your Account that you are 18 years or older, over the age of majority in that jurisdiction or otherwise have the permission or consent of one of your parents or legal guardians. e. You represent and warrant that the information you provide to Flatmates.com.au to open an Account is true and correct. If, at any time during the term of your Account, any of that information ceases to be true and correct, you undertake to notify Flatmates.com.au of the change to that information as soon as is reasonably practicable. f. Any personal information you provide to Flatmates.com.au will be treated in accordance Flatmates.com.au’s Privacy Policy available here: info.flatmates.com.au/privacy. g. You may not use another user’s Account, or allow anyone else to use your Account, without Flatmates.com.au’s express prior written permission. h. You are solely responsible for any activity which occurs on your Account. i. You must keep your Account details, including your password, Facebook login details and other other verification details, secure at all time and must immediately notify Flatmates.com.au of any breach, or any suspected breach, of the security of or unauthorised access to your Account. 2.2 Termination Flatmates.com.au may, in its absolute discretion, suspend or terminate your Account if: a. you breach or violate any term or condition of these Terms and Conditions of Use; or b. in Flatmates.com.au’s sole opinion, your ongoing use of the Service will bring, or may bring, the reputation of Flatmates.com.au into disrepute or cause Flatmates to be in breach of an applicable law. 3. WEBSITE AND SERVICES 3.1 Use of Website and Services You must not, and must not attempt to: a. use the Website for any purpose other than for the purpose of offering to rent accommodation or seeking to rent accommodation; b. use the Website or the Services in any way that causes, or is likely to cause the Website or access to it to be interrupted, damaged, rendered less efficient or in a way that impairs the effectiveness or functionality of the Website; c. authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights or us, our licensors or third parties; d. reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Website; e. capture or copy any software on the Website for any reason whatsoever (temporary copies for facilitating a technical computing process excepted); f. hack, infiltrate or otherwise do anything which may compromise the Website; g. cause Flatmates.com.au to lose (in whole or in part) the services of Flatmates.com.au’s internet service providers (ISPs) or other suppliers; h. introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; i. prevent or restrict us from complying with any applicable law, industry code or court order; j. use the Website or any of the Services for any improper or unlawful purpose, causing a nuisance or causing the operation of any of the Services to be jeopardised or impaired; k. use the Website or any of the Services to provide, to aid, abet, procure, counsel or assist another person to provide, or to encourage, solicit or entice the provision of, any services of a sexual nature for monetary or non-monetary consideration; l. use the Website or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed, sex or gender, or sexual preference; m. use the Website or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way; n. use the Website or any of the Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability; o. use the Website or any of the Services to create, host or transmit material which infringes the Intellectual Property Rights (including without restriction copyright, trade mark, patent, trade secret or other intellectual property rights) of any other party; p. use the Website or any of the Services to create, host or transmit unsolicited advertising material to other users; q. use the Website or any of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data; r. use the Website or any of the Services for any activity which adversely affects the ability of other people or systems to use the Website or any of the Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or s. at any time while you are using the Website or any of the Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use. 3.2 Access to Website and Services Flatmates.com.au will attempt to make the Website and Services available for use 24 hours a day, 7 days a week. However, it will be necessary for Flatmates.com.au to take-down the Website and cease providing the Services for a period of time for regular maintenance and to make improvements and if circumstances beyond Flatmates.com.au’s control exist, such as problems preventing access to internet or webhosting services. In such circumstances Flatmates.com.au will incur no liability to you for such interruption or cessation of Services no matter how such liability would otherwise arise. 3.3 No advice From time to time, Flatmates.com.au will make available on the Website articles and other material setting out information relevant to seeking accommodation or renting accommodation, such as articles relating to tenants’ rights as tenants (Informative Content). Any Informative Content on the Website is of a general nature only and does not consider your personal objectives, financial situation or particular needs. You should not regard Informative Content as advice and you should seek professional legal, property, accounting or other advice for your specific circumstances. You should not rely on any Informative Content as the basis for taking any legal action, negotiating or entering any agreement, or incurring any financial liabilities. 3.4 Upgrade Services a. In addition to the free Services, Flatmates.com.au provides Upgraded Services which allow users to contact other users who have Listings within the “early-bird period” (the first 14 days from activation). Users of the Upgraded Service (provided they are mobile verified) can also access mobile numbers where available. (Upgraded Services) b. Flatmates.com.au provides the following packages for Upgraded Services: i. a basic Upgraded Service, which provides access to the Upgraded Services for 10 days from and including the date of registration for the Upgraded Service; ii. a full Upgraded Service, which provides access to the Upgraded Services for 30 days from and including the date of registration for the Upgraded Service; and iii. a pro Upgraded Service, which provides access to the Upgraded Services for 365 days from and including the date of registration for the Upgraded Service. c. If you upgrade to a full Upgraded Service and you do not find suitable accommodation from a Listing or a suitable tenant from a Listing for available accommodation, you will receive a further 30 days of use of the Upgraded Service provided that you: i. have a live Listing for the duration of the term of the full Upgraded Service; and ii. have one or more photographs appearing on that Listing. d. All payments for access to Upgraded Services are processed by Stripe or Braintree (a PayPal company). Flatmates.com.au does not store credit card details. e. Once a payment for access to Upgraded Services is complete, you will get immediate access to the Upgraded Services and Flatmates.com.au will not refund any such payment under any circumstances including, without limitation, if Flatmates.com.au terminates your Access to the Website or the Services for breaching these Terms and Conditions of Use. f. Flatmates.com.au does not guarantee that you will find accommodation to live in if you are searching for accommodation, or find a tenant or co-tenant if you are offering accommodation, by virtue of access to an Upgraded Service. g. to be eligible for the further 30 days of use of the Upgraded Service detailed in clause 3.4(c) above, you must apply for the guarantee within 7 days of the original Upgraded Service expiring. 4. CONTENT 4.1 Uploading of Content a. As part of the Services, the Website allows you to upload Content for viewing by other users of the Website as part of a Listing. Each time you upload Content to the Website, you confirm your acceptance of, and your agreement to be bound by, all the terms and conditions set out in these Terms and Conditions of Use. b. Flatmates.com.au will not review, vet or approve, and is not responsible for reviewing, vetting or approving, the Content or any part of the Content, or any material appearing in the Content, and it is the sole responsibility of the user uploading the Content to ensure that the Content or any part of the Content, or any material appearing in the Content, complies with these Terms and Conditions of Use. 4.2 Rights to the Content At the time you upload Content, you represent and warrant that: a. you are the owner of all Content and all Intellectual Property Rights in and to the Content and all material appearing in the Content, or you otherwise have the authorisation, permission or consent of the owner of, or any other relevant person to, the Content or any part of it or any material appearing in the Content; b. you have the authorisation, permission or consent of each person appearing in the Content for them to appear in the Content and for you to submit that Content, make the Content available on the Website and otherwise grant the rights to Flatmates.com.au you grant under these Terms and Conditions of Use; c. the Content or any part of it, or any material appearing in the Content, does no infringe the rights, including any Intellectual Property Rights, of any third party; and d. the Content does not contain any material which is offensive, defamatory, discriminatory, pornographic, abusive, obscene, or otherwise illegal in any jurisdiction anywhere in the world. 4.3 No endorsement Flatmates.com.au does not endorse any Content or Listing uploaded to the Website by you or any user, or any opinion, recommendation or advice expressed in the Content or Listing. 4.4 Ownership Flatmates.com.au acknowledges and agrees that no right, title and interest in and to the Content you submit to the Website is transferred to Flatmates.com.au and that it has no rights in respect of that Content except those rights granted to it under these Terms and Conditions of Use or otherwise in writing by you. 4.5 Licence At the time you upload Content, you grant to Flatmates.com.au a non-exclusive, royalty-free, worldwide, irrevocable, perpetual licence to host, cache, store, maintain, use, reproduce, communicate, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate or otherwise exploit all or any part of the Content on the Website and any other Website which is associated with, connected to, or otherwise operated by Flatmates.com.au including, without limitation, websites owned and/or operated by persons other than Flatmates.com.au. 4.6 Take-down or modification of Content or Listing Flatmates.com.au, in its sole and absolute discretion, may edit, modify, block or delete any Content or any Listing, or any comments or messages made on the Website in respect of a Listing, if Flatmates.com.au determines that any of the preceding material contravenes or is likely to contravene these Terms and Conditions of Use. 4.7 Release You forever release Flatmates.com.au, and its directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with Flatmates.com.au’s exploitation of the Content or the exploitation of the Content by any of Flatmates.com.au or its directors, officers, employees, agents or contractors and whether that claim arose or arises in contract, tort (including, without limitation, negligence), under statute or otherwise. 4.8 Waiver You hereby consent to all acts or omissions by Flatmates.com.au, its licensees or others authorised by it, or its successors in title, which would otherwise constitute an infringement of any moral rights you have, or may have, in the Content or any part of it, or any material appearing in the Content, whatsoever and wheresoever subsisting throughout the world. You acknowledge that such consent is provided genuinely and includes consent for Flatmates.com.au, or any other person authorised by Flatmates.com.au, to materially alter, modify, add to and in any way change the Content or any part of it, or any material appearing in the Content, and deal with the Content or any part of it, or any material appearing in the Content, without identifying you or any third person as the author of the Content or any part of the Content, or any material appearing in the Content. You warrant that any third party who has acquired any moral rights in the Content or any part of it, or any material appearing in the Content, has also waived his or her moral rights or consented to all acts or omissions (as applicable) on terms similar to the terms set out in these Terms and Conditions of Use. 4.9 Access to and use of Messages, other Content, and correspondence by Flatmates.com.au a. Flatmates.com.au may access, read, and permanently store any messages sent by you to another user of the Website using the Website’s messaging function, or sent to Flatmates.com.au using the Website’s messaging function, for the purposes of protecting the safety and security of the Website and its users. The messages sent by you may be used as the basis for removing your Content from the Website, terminating your Account, or reporting your behaviour to any government law enforcement authorities. b. Flatmates.com.au may access, read, and permanently store any Content uploaded to the Website by you for the purposes of protecting the safety and security of the website and its users. The Content uploaded by you may be used as the basis for removing your Content from the Website, terminating your Account, or reporting your behaviour to any government law enforcement authorities. c. Flatmates.com.au may access, read, and permanently store any correspondence made by you to Flatmates.com.au, including by email, post, or other messaging service, for the purposes of protecting the safety and security of the website and its users. The correspondence made by you to Flatmates.com.au may be used as the basis for removing your Content from the Website, terminating your Account, or reporting your behaviour to any government law enforcement authorities. 5. TENANCY Flatmates.com.au: a. is not a party to any contract, arrangement or understanding between users relating to the renting of accommodation by one user to another user or users; b. does not act, or purport to act, for or on behalf of, and is not the agent for, any user of the Website; c. will not get involved in any dispute between users in relation to the content of any Listing or any contract, arrangement or understanding between users relating to the renting of accommodation by one user to another user or users; d. does not collect rent or bond or facilitate the payment of rent or bond between users; or e. may make available data relating to accommodation rental prices based on historical data collected from Listings but does not set, or provide any parameters within which to set, the price at which accommodation if offered for rent in any Listing. 6. INTELLECTUAL PROPERTY RIGHTS IN WEBSITE a. You acknowledge and agree that all rights in the Website and all material comprised in the Website (including, but not limited to, Intellectual Property Rights, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) (Website Content), excluding the Content, are owned by Flatmates.com.au or the supplier of the relevant material. b. You acknowledge and agree that you are permitted to use the Website Content only as set out in these Terms and Conditions of Use or as otherwise expressly authorised in writing by Flatmates.com.au, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Website Content. c. Subject to your compliance with these Terms and Conditions of Use, you may reproduce or communicate any Website Content appearing in any articles or blog posts appearing on the Website that have been posted by Flatemates.com.au as long as you credit Flatmates.com.au as the source of any such content and provide a link to the Website when reproducing or communicating such content. 7. TAKE-DOWN NOTICE Flatmates.com.au operates on a “notice and takedown basis”. If you have any objections or complaints to any content or material appearing on the Website, or if you believe that content or material posted on the Website infringes your copyright, please contact us immediately at support@flatmates.com.au. 8. LIMITATION OF LIABILITY 8.1 Website and Services Use of the Website and the Service is at your own risk. Both are provided on an “as is” basis, and Flatmates.com.au makes no representation, and gives no warranty or guarantee (to the extent permitted by law), as to its function or operation, or that it is free from any defects. 8.2 Competition and Consumer Act If the Competition and Consumer Act 2010 (Cth) or any other Act (including, without limitation, equivalent country, state or territory legislation) implies into these Terms and Conditions of Use any term, or otherwise provides that any guarantee applies in relation to the services supplied under or in connection with these Terms and Conditions of Use, which, or the effect of which, cannot be excluded or modified, and if we breach such term, condition, warranty or guarantee, then Flatmates.com.au’s liability (if permitted by the relevant Act) is limited, at Flatmates.com.au’s election, to the re-supplying of the relevant services, a refund of the cost of having those services supplied or payment of the cost of having the services re-supplied. 8.3 Limitation Subject to clause 8.1 above, and to the extent permitted by law, Flatmates.com.au shall not have any liability whatsoever (whether in contract, tort including negligence, pursuant to statute or otherwise) to you for any direct or indirect loss or damage of whatsoever kind you suffer or incur as a result of, or in any way in connection with, your use of the Website or the Services, or which otherwise arises in connection with your dealings with Flatmates.com.au. 9. INDEMNITY You indemnify Flatmates.com.au and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of these Terms and Conditions of Use or arising out of any use by you of the Website or the Services, including but not limited to the following circumstances: a. any loss, claim or damages suffered or made by any third party arising out of or in relation to any information, material or Content that you post or communicate to the Website or us whether via a social networking site or otherwise; b. any loss, claim or damages suffered by a third party as a result of any infringement of any rights of a third party including, without limitation, Intellectual Property Rights in any information, material or Content that you upload to the Website or provide to Flatmates.com.au; c. any loss, claim or damages suffered by a third party as a result of any act or default committed by you and which is directly or indirectly related to any information, material or Content that you or another person upload to the Website or provide to Flatmates.com.au or your use of the Website; or d. any loss, claim or damages suffered or alleged by a third party as a result (direct, indirect or otherwise) of any act, omission, failure or default by you or by anyone for whom you are legally responsible (vicariously or otherwise) in any way connected with your access to the Website or your Account for or use of any of the Services. 10. THIRD PARTY SITES This Website may contain links to other web sites or resources operated by parties other than Flatmates.com.au. References to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by Flatmates.com.au. Links to third party sites not operated by Flatmates.com.au are provided to you for your convenience and/or reference only. You acknowledge and agree that Flatmates.com.au does not control such sites and Flatmates.com.au is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that Flatmates.com.au shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site. 11. GENERAL 11.1 Relationship Neither these Terms and Conditions nor use of the Website and/or the Services create any partnership, joint venture or agency relationship between Flatmates.com.au and users or between users. You must not enter into any agreements or incur any liabilities on behalf of Flatmates.com.au or any other user without that party’s prior written consent and must not represent that it has any authority to do so. 11.2 Entire Assignment These Terms and Conditions of Use constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede all prior or contemporaneous oral or written agreements, undertakings, or representations between the parties concerning such subject matter. 11.3 Severability If any provision of these Terms and Conditions of Use is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms and Conditions of Use. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions of Use. 11.4 Governing law The interpretation, construction and effect of these Terms and Conditions of Use shall be governed and construed in all respects in accordance with the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts exercising jurisdiction in that State. Flatmates.com Privacy Policy Flatmates.com.au Pty Ltd (Flatmates.com.au) is committed to protecting your privacy. Flatmates.com.au’s privacy policy is outlined below. This privacy policy is regularly reviewed and Flatmates.com.au may amend it from time to time. While Flatmates.com.au will endeavour to notify you of any major changes to this Privacy Policy from time to time, you agree that you will periodically review the most up-to-date version of this Privacy Policy available. This policy sets out how Flatmates.com.au will collect, use, store, disclose and provide access to information about you and how you can keep that information accurate. By using the Website, you agree to be bound by and consent to this policy. In this Policy, defined terms have the meaning given to them in Flatmates.com.au’s Terms and Conditions of Use: flatmates.com.au/terms. 1. Collection Flatmates.com.au needs to collect personal information about you primarily to provide you with the Services, with access to the Website, and with other services related to its business. This personal information may include, but is not limited to, your name, telephone number, street address, email address and credit card details. 2. Use and disclosure a. In addition to the primary purpose for which Flatmates.com.au collects and uses your personal information, Flatmates.com.au and its nominated agents may also use the personal information Flatmates.com.au collects, and you consent to Flatmates.com.au’s use of that personal information: i. for purposes necessary or incidental to the provision of goods and services to you including, without limitation, for marketing or promotional purposes; ii. to manage and enhance the Services; iii. to communicate with you, including by email, mail or telephone; iv. to verify your identity; v. to investigate you and your use of the Website and the Services if Flatmates.com.au has reason to suspect that you are in breach of these Terms and Conditions of Use of or have otherwise engaged in unlawful activity; and/or vi. as required or permitted by any law. b. Flatmates.com.au may disclose your personal information, and you consent to Flatmates.com.au disclosing your personal information, to Flatmates.com.au’s related bodies corporate and associated entities (as those terms are defined in the Corporations Act 2001 (Cth)) (Other Entities) whereby your personal information will be collected, used, disclosed, managed and stored in accordance with this policy. c. Flatmates.com.au may also disclose personal information, and you consent to Flatmates.com.au disclosing your personal information, to third parties: i. Flatmates.com.au engages to perform functions or provide goods or services on its behalf; ii. that are Flatmates.com.au’s agents, business partners or joint venture entities; iii. authorised by you to receive information held by Flatmates.com.au; iv. as part of any investigation into you or your activities, for example, if Flatmates.com.au has reason to suspect that you have committed a breach of these Terms and Conditions of Use or have otherwise engaged in unlawful activity, and Flatmates.com.au reasonably believes that disclosure is necessary to police, any relevant authority or enforcement body, or your internet service provider or network administrator; v. as part of a sale (or proposed sale) of all or part of Flatmates.com.au’s business or the preparation for a listing of Flatmates.com.au; and/or vi. as required or permitted by any law. d. Users of the Website other than yourself cannot access your personal information, such as your address, email address or telephone number, unless you give them access to that information. e. Flatmates.com.au will not disclose to any user other than the intended recipient the contents of any messages sent through the messaging service available on the Website. f. Flatmates.com.au will not disclose to any user the content or source of any complaint made against, or feedback received, about that user (or any other user), including the nature, substance, or origin of that complaint or feedback. 3. Storage Flatmates.com.au will take all reasonable steps to protect the personal information it holds about you from misuse, loss, or unauthorised access. You acknowledge that the security of online transactions you conduct using this website cannot be guaranteed. Flatmates.com.au does not accept responsibility for misuse of, or loss of, or unauthorised access to, your personal information where the security of that information is not within Flatmates.com.au’s control. 4. Overseas disclosure a. In some circumstances, Flatmates.com.au may need to disclose your personal information to entities located overseas where Flatmates.com.au may not be in a position to know that those entities comply with Australian privacy laws or that the laws of the country in which that entity operates (if any) are substantially similar to Australian privacy laws. When necessary, Flatmates.com.au will inform you that such disclosure may be necessary and will seek your express consent to disclose your personal information to such overseas entities. b. If you request Upgraded Services from Flatmates.com.au, it will be necessary for Flatmates.com.au to collect your credit card details and disclose those details to Stripe or Braintree who may or may not be obliged to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth). By requesting Upgraded Services, you hereby acknowledge and accept these matters and expressly consent to Flatmates.com.au disclosing your personal information to Stripe or Braintree (wherever located) with full knowledge that it may not be obliged to comply with the Australian Privacy Principles. Flatmates.com.au will not be accountable to you in respect of the use or disclosure by that overseas entity of your personal information and you will not be able to seek redress under the Privacy Act in respect of such use or disclosure. You also expressly acknowledge and accept that you may not be able to seek redress under the laws of the country in which Stripe or Braintree is located or in the country or place in which that personal information is subsequently or otherwise disclosed or accessed. You may withdraw your consent to such disclosure at any time by providing not less than 7 days’ prior written notice to Flatmates.com.au using the contact details provided below. If you do not consent to such disclosure, or you do consent but later withdraw that consent, you will not be able to use the Upgraded Services or, if you have already started using the Upgraded Services at the time you withdraw your consent, you will not be able to continue to use those Upgraded Services. You acknowledge and agree that you will not be entitled to any refund in respect of the Upgraded Services if you withdraw your consent. 5. Cookies Flatmates.com.au may use cookies on the Website to provide you with a better experience and so that it can gather statistical information about user visits to the website. Cookies are small data files that are downloaded onto your computer when you visit a particular website. Cookies help provide added functionality to the Website or help Flatmates.com.au analyse Website usage. You can disable cookies by turning them off in your browser, however, some areas of the website may not function properly if you do so. 6. Access You have the right to seek access to and update the personal information which Flatmates.com.au holds about you. You can seek access to and update your personal information by contacting Flatmates.com.au directly at support@flatmates.com.au. 7. Website tracking Flatmates.com.au (including its related bodies corporate) collects data about your browsing activity on the Website, such as the search terms you have used and other details of the way you use the Website, in order to provide suggested search results to you and, once aggregated with other users’ data, other users based on your and other users’ searches on the Website. This data does not include your personal information. However, this data may be associated with your personal information if you have an Account or if you sign-up for an Account in the future. The collection, use and disclosure, storage of, and access to, that data (if it is associated with your personal information) will be in accordance with this Privacy Policy. Flatmates.com.au will not provide that data to any third parties in a way which will enable them to personally identify you. 8. Subscriptions If you wish to stop receiving emails or other communications from Flatmates.com.au which may be sent to you in the future, please notify Flatmates.com.au by using the contact details given below, or by clicking the unsubscribe link at the bottom of any email newsletter you have received from Flatmates.com.au. 9. Contact Details Flatmates.com.au Team support@flatmates.com.au Flatmates.com.au Community Charter Flatmates.com.au is an inclusive community where all members are expected to treat one another with the utmost respect. image As a member of the Flatmates.com.au community, you are expected to follow these basic guidelines: 1. Treat all members equally regardless of race, sex, gender identity, religion, age or sexual orientation. 2. Be respectful and civil towards all members—at all times—when communicating via the site or other means. 3. Only use Flatmates.com.au to offer shared accommodation or to find a home. Never for any other purpose. 4. Only list or offer a property that is fit for living in and that you would want to live in yourself. Living rooms are not bedrooms. 5. Abide by local planning and state tenancy laws. 6. Make your flatmate search a happy and enjoyable experience to meet new people and share life. We’re here to help make that possible so let us know if there is anything we can do to improve. Members found to be acting in a manner contrary to the charter may have their accounts removed. If you would like to report any untoward behaviour or breaches of any guidelines above, to our moderation team, please use the “Concerned about this listing” link located at the bottom of every listing or under “Report Member” at the top any message received. ENGLISH APPLE INC. SOFTWARE LICENSE AGREEMENT FOR macOS Mojave For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT https://www.apple.com/legal/sales-support/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Services and Content Usage Rules set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running macOS High Sierra, macOS Sierra, OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. H. Content Caching Features. 1.  To the extent that Apple and/or its affiliates make particular software and/or content available for caching (e.g., applicable content from the Mac App Store) (“Apple Eligible Content”), certain features of the Apple Software (the “Content Caching Features”) may automatically download and locally cache such Apple Eligible Content on your Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Caching Enabled Mac”).  By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac.  You can turn off the Content Caching Features of the Apple Software at any time by going to Sharing under System Preferences on your Caching Enabled Mac. 2.  The Content Caching Features of the Apple Software are for use only on a Caching Enabled Mac you own or control and solely for purposes of expediting the delivery of such Apple Eligible Content to authorized end users within your home, company or organization.  You understand that such users may need to separately authenticate with Apple prior to receiving the Apple Eligible Content and that the expedited delivery of Apple Eligible Content through the use of your Caching Enabled Mac will not modify the terms under which you or your end users receive such Apple Eligible Content.  3.  You acknowledge and agree that all use of the Apple Eligible Content is subject to the applicable license terms that govern the type of Apple Eligible Content being cached.  These terms may include, but are not limited to, the Apple Media Services Terms and Conditions, the iCloud Terms and Conditions, the iTunes U Instructor Agreement, the iTunes U Software License Agreement, and/or the applicable licensing terms that accompanied the software being downloaded, unless the download was accompanied by its own separate license agreement in which case the latter would apply.  A list of Apple Software License Agreements (SLAs) may be found here: https://www.apple.com/legal/sla/.  You acknowledge and agree that the use of the Content Caching Features and storage of Apple Eligible Content on your Caching Enabled Mac does not transfer to you any rights beyond those granted to you in the applicable license terms for the Apple Eligible Content and shall not constitute a grant, waiver, or other limitation of any rights of Apple or any other copyright owners in any Apple Eligible Content. 4.  You are not authorized to deploy your Caching Enabled Mac with the Content Caching Features enabled on a network you do not own or control (or which you are not legally authorized to use for such purposes), or to permit access to such Apple Eligible Content from end users outside of your home, company or organization.  You agree to only use the Content Caching Features for your own personal, non-commercial use or for internal use within your company or organization, and only as expressly permitted herein.  You may not provide a service to third parties that integrates with or leverages services or information provided by the Content Caching Features or uses the Content Caching Features in any way. 5.  By enabling the Content Caching Features of the Apple Software, you agree that Apple may store, monitor, and secure the Apple Eligible Content on your Caching Enabled Mac, and may collect and use technical information about your Caching Enabled Mac and related networks, including but not limited to, hardware identifiers and IP addresses, for such purposes.  You agree not to disable, disrupt, hack, circumvent, or otherwise interfere with Apple’s verification, storage or authentication mechanisms, digital signing, digital rights management, or other security mechanisms implemented in or by the Apple Software, services, the Apple Eligible Content, or other Apple software or technology, or to enable others to do so.   6.  Apple reserves the right to stop making Apple Eligible Content available for caching on your Caching Enabled Mac (e.g., some content that you may have previously cached may not be available for subsequent caching) and to remove any cached Apple Eligible Content from your Caching Enabled Macs at any time in its sole discretion, and Apple shall have no liability to you in such event.  You understand that such caching of Apple Eligible Content may not be available in all countries or regions.  You may remove the cached Apple Eligible Content and disable the Content Caching Features at any time. I. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2I, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. J. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. K. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. L. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. M. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (https://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. N. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software). O. Compliance with Laws. You agree to use the Apple Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. P. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. Q. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. 3. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware or if you obtained your license to the Apple Software from the Mac App Store or through a software update, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.14 to 10.14.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. You may not transfer any Apple Software that has been modified or replaced under Section 2M above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. C. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Analytics, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more by visiting https://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: https://www.apple.com/legal/privacy/. 5. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest Apple Media Services Terms and Conditions or Game Center Terms and Conditions, which you may access and review at https://www.apple.com/legal/internet-services/itunes/, or the iCloud Terms and Conditions which can be found at https://www.apple.com/legal/internet-services/icloud/, respectively. B. If you sign up for iCloud, certain iCloud features like “iCloud Drive”, “My Photo Stream”, “iCloud Photo Sharing” and “Find My Mac” may be accessed directly from the Apple Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: https://www.apple.com/legal/internet-services/icloud/. C. News App Content. Your use of content accessed through the News application is limited solely to personal, noncommercial use, does not transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through News as a stand-alone file. D. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information to provide and improve the Maps features and service, and other Apple products and services. Apple may also provide such information, in either an aggregated or non personally identifiable form, to its partners and licensees to help improve their map and location-based products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. E. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. F. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. G. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. H. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. I. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: https://www.apple.com/certificateauthority. 10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 14. Third Party Acknowledgements. A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com. D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM. E. AMR Notice. The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at https://www.adobe.com. H. Gracenote® End User License Agreement. This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”).  The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.  You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only.  You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.  You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions.  If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights.  Under no circumstances will Gracenote become liable for any payment to you for any information that you provide.  You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.  The Gracenote service uses a unique identifier to track queries for statistical purposes.  The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are.  For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.  The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers.  Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient.  No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.  15. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Taiwan, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. EA1565 Rev. 7/25/2018 ------------------------ Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions Apple Pay allows you to store virtual representations of credit, debit and prepaid cards, including store credit, debit and prepaid cards, which are supported by the Apple Pay feature (“Supported Cards”) and use supported Macs to initiate or make payments within websites.  The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.  Supported Cards may change from time to time. Apple Pay is intended for your personal use and you may only provision your own Supported Cards.  If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature. You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes that are prohibited by the License and these Supplemental Terms.  You further agree to use Apple Pay in accordance with applicable law and regulation.  You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). 2 Use on Macs You can use Apple Pay on supported Macs to initiate payments on websites accessed through Safari.  This feature requires you to have a Supported Card that has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments on websites access through Safari is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. Supported Devices may change from time to time. On a MacBook Pro with built-in Touch ID, you can set up Apple Pay by provisioning Supported Cards and using Apple Pay to make payments on websites accessed through Safari. In order to use Apple Pay on these Macs, you must have Supported Cards that are associated with an active iCloud account. Apple Pay is available only to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the relevant card issuer of your Supported Cards. 3 Apple’s Relationship With You Apple does not process payments, or have any other control over payments, returns, refunds, rewards, value, discounts or other commerce activity that may arise out of your use of this feature.  The terms of cardholder agreements you may have in place with your card issuer will continue to govern your use of your Supported Cards and their use in connection with Apple Pay. Similarly, your purchase of any goods or services using the Apple Pay feature will be subject to the merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your supported Mac. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions or purchases while using Apple Pay functionality; (b) issuance of credit or assessing eligibility for credit; (c) accrual or redemption of rewards or stored value under a merchant’s program; or (d) funding or reloading of prepaid cards.  For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant. 4 Privacy When using Apple Pay to initiate a payment transaction to be completed on a Supported Device, Apple Pay will transfer payment information in an encrypted format between your Mac and your Supported Device to complete your transaction. When using Apple Pay to make a payment transaction on a MacBook Pro with built-in Touch ID, your payment information will be provided in encrypted format to the website as part of that transaction. When adding a card to Apple Pay on a MacBook Pro with built-in Touch ID, information about your device, such as whether certain device settings are enabled and device use patterns (e.g. percent time device is in motion, approximate number of calls per week), will be sent to Apple to determine your eligibility and to prevent fraud. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy (which can be accessed by going to Wallet & Apple Pay on your iOS device or Mac, or within the Watch app on a paired iOS device). You can learn more about how Apple protects your personal information by reviewing our Privacy Policy at https://www.apple.com/privacy/privacy-policy/. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 5 Security Apple Pay stores virtual representations of your Supported Cards, and you understand and acknowledge that providing your device passcode or password to a third party, or allowing a third party to add their fingerprint to use Touch ID on your Supported Device or Mac, may result in their ability to make Apple Pay payments within websites on your Mac.   You are solely responsible for maintaining the security of your devices and the applicable passcodes and passwords.  You agree that Apple does not have any responsibility if you lose or share access to your device, or if you make unauthorized modifications to macOS. If your device is lost or stolen and you have Find My iPhone or Find My Mac enabled, you can use Find iPhone or icloud.com to attempt to suspend the ability to pay with the virtual Supported Cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual Supported Cards on the device. You should also contact the card issuer of your Supported Cards in order to prevent unauthorized access to your virtual Supported Cards. If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe. 6 Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. Easyroommate Website Visitor & User Agreements REGISTERED USER TERMS AND CONDITIONS EASYROOMMATE.COM 280912 ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.easyroommate.com (“Site”) OR ANY INFORMATION CONTAINED WITHIN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGSITERED USER AGREEMENT ("Agreement"). 1. Contracting parties. When you register with the Site, you are contracting with DV International Limited, with its registered office at 14 Britannia Place, Bath Street, St Helier, JE2 4SU, Jersey. DV International Limited is referred to in these terms and conditions as "we", "us", "our" or “EasyRoommate”. You must be at least 18 years old to register with or otherwise use the Site. 2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to EasyRoommate and to others for all activity that occurs under your registration account. 3. Your Personal Information. You agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. 4. The EasyRoommate Service. EasyRoommate is intended for the particular purpose of matching compatible roommates. We endeavour to provide exact matches, or matches which are similar to the criteria provided. 5. Site Content. Your use of the Site and/or all content contained within the Site (“Content”) is entirely at your own risk. No Content or other material on the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of EasyRoommate. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. EasyRoommate, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense. 6. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to info@easyroommate.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process. 7. Submitting Material. If you upload any material to the Site (including, without limitation, text, photographs, written comments, comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered via the Site), you hereby grant to us a worldwide, perpetual, non-exclusive licence to use that material in any media. You further agree to waive your moral rights for the purposes of this licence and you agree and acknowledge that such material is not confidential and EasyRoommate shall not be liable for any use or disclosure of any such material. You warrant and represent that you personally created, wrote and produced such content and all materials contained within such content. We reserve the right to cut, edit, crop or arrange your material as necessary in our discretion. Unless you have requested otherwise, your name may be published alongside your material. If you do not want to grant these rights, please do not submit material to the Site. 8. User Code of Conduct. We reserve the right to refuse to list any member for any reason at any time, or to edit content, should we feel it is inappropriate. We will do so especially if any inconsistencies, untruths or any attempt to harass or defraud us or any of our members or potential members are found. Any user who is de-activated for such reason(s) will not be entitled to a refund of any kind. Furthermore, should infringement and criminal activity violate the integrity of our service or business, please note that we will prosecute as and when necessary, including without limitation in cases of illegal distribution of the information we provide, or other use for any purpose other than as stated herein. You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site): • not to post content or participate in any form of activity via the Site which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material; • not to post content which you do not have the right to use; • not to abuse other Users; • not to spam other Users or anyone else; • not to publish your own contact details or those of anyone else; • not to register more than one account for yourself or anyone else. You acknowledge and accept that when you upload material to the Site, you may be exposed to comments or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions. 9. Disclaimer. EasyRoommate does not endorse any listing and, specifically, we do not make any representation as to the individual character, credit worthiness, rental history or ability to pay rent or provide accommodation of any person or property. EasyRoommate shall not be held responsible for any events or loss that result from or transpire through use of the Site or our services. It is your responsibility to determine the character and acceptability of any prospective roommate, tenant or landlord. 10. Limitation of Liability. You agree that the liability of EasyRoommate to you hereunder shall be limited to the lesser of: (1) the amount you have actually paid to EasyRoommate for its products or services; and (2) one hundred pounds (£100). Except as set out herein, EasyRoommate shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of EasyRoommate. 11. Indemnity. You agree to indemnify EasyRoommate for any loss or damage that may be incurred by EasyRoommate, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify EasyRoommate for all loss or damage incurred by EasyRoommate in relation to any third party claim against EasyRoommate for infringement of intellectual property rights arising in relation to your provision of materials to the Site. 12. Prices. Prices are as set out on the relevant pages of the Site (except in cases of obvious error). Prices are subject to change at any time. We may change our prices at any time by posting new prices on the Site. All prices are inclusive of VAT and/or sales tax unless otherwise stated. 13. Payments. All payments hereunder must be by credit or debit card. We accept payments via Visa, Visa Debit, Mastercard, Maestro and American Express and any local payment method indicated on our payment page. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. We do not store credit card details nor do we share financial details with any 3rd parties. 14. Right of Cancellation. You may cancel your membership at any time by logging into your account and selecting the “Deactivate my membership” link on your member page. Because we provide you with the opportunity to preview all content on the Site at no cost and only require payment when you wish to contact other members, we do not offer refunds of purchased time. However, if you haven’t found a room or a roommate within the time frame allowed by your registration, then we will renew your membership at a discounted price (subject to changes). This provision does not affect your other statutory rights as a consumer. 15. Termination of this Agreement. You may terminate this Agreement at any time by deactivating your membership via the Site and destroying all Content and other materials obtained from the Site (and all copies and installations thereof, whether made under the terms of this Agreement or otherwise). EasyRoommate may at any time terminate this Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. 16. Trade Marks. The brands, products and service names used or appearing within the Site (including, without limitation, “EasyRoommate") are the trade marks or trade names of EasyRoommate or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of EasyRoommate. 17. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by EasyRoommate. EasyRoommate will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud EasyRoommate or any other parties through your use of the Site or services provided via the Site. EasyRoommate reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity. 18. No Partnership. Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship. 19. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. 20. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. 21. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect. 22. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement. 23. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes. 24. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts. 25. Contacting Us. For enquires regarding the Online Store and returns, please contact us at the following address: EasyRoommate, c/o DV International Limited, 14 Britannia Place, Bath Street, St Helier, JE2 4SU, Jersey, or contact us at info@easyroommate.com. EasyRoommate - Website Visitor Agreement ANY PERSON OR ENTITY ("User") VISITING, USING OR OTHERWISE ACCESSING THE SITE AT www.easyroommate.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT ("Agreement"): 1. www.easyroommate.com. This Site, together with all content, data and other materials contained in the Site (“Content”) is owned or controlled by DV International Limited, with its registered office at 14 Britannia Place, Bath Street, St Helier, JE2 4SU, Jersey. DV International Limited is referred to in these terms and conditions as "we", "us", "our" or “EasyRoommate”. 2. Use of Site. This Site is intended only for the purposes specified on the Site. Use of the Site and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. To the fullest extent permitted by applicable law, all Content is provided without any representations or warranties of any kind (either implied or express). Specifically, EasyRoommate does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements. 3. Registration. If you wish to register with the Site, you must agree to the terms of the Registered User Agreement, agree to keep your password secure and confidential and not allow anyone else to use your email address or password to access the Site; agree not to do anything which would assist anyone who is not a registered user to gain access to any secured area of the Site; and agree not to create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another user 4. Featured Links. The Site may display and/or refer to links to other websites from time to time.EasyRoommate: (i) does not endorse or take responsibility for the content of such websites, (ii) is not responsible for the availability of such websites; and(ii) will not be liable in any way for any loss or damage which you may suffer by using such websites.If you decide to access linked websites, you do so at your own risk. 5. Linking to EASYROOMMATE.COM.Any other website may link to our Site, provided it does not imply any endorsement of its products or services by EasyRoommate, does not misrepresent its relationship with or present false information about EasyRoommate, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations.Please note, however, that EasyRoommate reserves the right to withdraw such permission at any time and to take any other appropriate action. 6. Ownership of Content.EasyRoommate, unless otherwise stated, owns or controls all relevant rights in the Site and the Contents.You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or its contents in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by applicable law. 7. Hacking.You agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner.If you in any way Interfere with the Site, you agree to pay all damages incurred by EasyRoommate.EasyRoommate will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud EasyRoommate or any other parties through User's use of the Site or services provided via the Site. EasyRoommate reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site without giving you any advance notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity. 8. Complaints.If you believe that you are the owner of the copyright or other rights in any material(s) appearing on the Site, or if you have any other complaint about the Site or posted materials, please contact us via info @easyroommate.com. 9. Trade Marks. The brands, products and service names used in this Site (including without limitation, "EasyRoommate”) are the trade marks or trade names of EasyRoommate or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or taglines without the prior written permission of EasyRoommate. 10. Limitation of Liability. User agrees that the liability of EasyRoommate to User under this Agreement shall be limited to the amount User has actually paid to EasyRoommate for its services. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of EasyRoommate. 11. Indemnity. User agrees to indemnify EasyRoommate for any loss or damage that may be incurred by EasyRoommate, including without limitation legal fees, arising from User's use of the Site or User's use of any information obtained through the Site. 12. Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect. 13. Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes. 14. Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts. Easyroommate Privacy Policy Personal data, or personal information as it is sometimes called, is data that relates to or is capable of identifying a living person. Our members privacy is very important to us and we do all we can to protect it. The purpose of this Privacy Policy is to let you know the type of information we may gather about you, how we may use it, whether we disclose it to anyone, and the choices you have regarding our use of the information. Information we collect and how we use it We will collect information about you when you open an account, register with this website, place an order for services, or contact our Customer Service. The type of information we may collect includes your name, age, main activity, postal address, email address and phone number so that we can contact you if we need to. We may also collect information about how you use this website using cookies (Cookies are codes, made up of letters and numbers, which most internet sites will ask your computer to store to allow the site to distinguish you from other users.) We believe that the cookies you encounter on the Easyroommate site are either (i) necessary to perform the functions that members wish to use Easyroommate for, or (ii) are non-intrusive. To learn how to manage and remove cookies, please go to www.allaboutcookies.org/manage-cookies. Please note, however, that if you set your browser to reject cookies you may not be able to use certain aspects of Easyroommate - and might not be able to use the service to its full extend. Our sharing of information about you with others We like to understand our members’ interests as well as we can, in order to personalise the offers we make to them through Easyroommate as much as possible. Therefore, we may provide personal data we hold about you as a member (such as your name and email address) to one or more third party bureaux which will match that data against other information. We always request these third party bureaux to keep data relating to you confidential. We will use the information they provide to us to target more accurately the offers that are made to you through Easyroommate. Your personal data may be disclosed if we, or an entity processing your data on our behalf, are compelled to do so by law, or receive a valid, legally-compliant request for its disclosure. Security We're committed to protecting your personal information. All information that you provide to us is stored on secure servers and access to this database is restricted internally. While no computer system is completely secure, we believe the measures we use reduce the likelihood of security problems to a level appropriate to the type of data involved. Access to your Account is password-protected for your privacy and security. While we do our best to protect your personal information you also must protect yourself. What does this mean? Keep your password or other access information secret. Ensure no-one else uses your Easyroommate account while your machine is "signed in" to the Easyroommate site. Make sure you sign out from your Account when not using it. Editing your Account and mailing settings We like to keep in touch with our members so after you have signed up to Easyroommate we'll send you information or advices about features and services provided by us or our partners that we think will be of interest to you. Of course we know lots of emails can be annoying so we try to keep ours to a minimum. However, if you feel you're getting too many or would like more you can change the settings in your Account at any time. We have a one click unsubscribe policy, and each communication gives you the opportunity to opt-out of receiving similar future communications using a link at the bottom of the email. You can also review, change or correct your identity and email address information by signing into your Account and going to the My Account Settings menu. Please note there are some communications that are an integral part of the Easyroommate Service and cannot be opted-out of. This applies to – but not exclusively – email notification from other Easyroommate members. They can be brought to an end by de-activating your listing or profile, or by deleting your account. Changes to this privacy statement This Privacy Policy is correct as of 20/07/2016. Changes to our Privacy Policy may occur - if we make any changes to it we will post those changes on this page so that you are always aware of what information we collect and how we use it. Registered details 14 Britannia Place, Bath Street, St Helier, Jersey, JE2 4SU If you have any further questions about this privacy policy you can contact Easyroommate on the details below. 125 Kingsway, London, WC2B 6NH, United Kindom Email: info@easyroommate.com Phone: +44 2 07 758 3592 Working with Children's Check Consent and Declaration What the Australian Criminal Intelligence Commission (ACIC) will do with your information Once you finalise your application, your personal and contact details will be provided to the Australian Criminal Intelligence Commission (ACIC) for the purposes of a National Police History Check. When you submit your application, you acknowledge, understand, agree and consent to all of the following: For the Department of Justice and Community Safety (the department) to request a National Police History Check now and, if granted a Working with Children Check (Check), at any time during the Check’s duration. That information released as part of the National Police History Check is done so in accordance with spent convictions legislation/information release policies1. That as you are applying for a Check, there may be exclusions from spent convictions legislation/information release policies that apply. That you have fully completed the application for a Check and that the personal information you have provided relates to you, contains your full name and all names previously used by you and is correct. That the department is collecting information in the application for a Check to provide to ACIC and the Australian police agencies. That ACIC discloses personal information about you to the Australian police agencies. The Australian police agencies disclosing to ACIC, from their records, details of convictions and charges- including findings of guilt or the acceptance of a plea of guilty by a court- that can be disclosed in accordance with the laws of the Commonwealth, states and territories and, in the absence of any laws governing the disclosure of this information, disclosing in accordance with the policies of the police agency concerned. That ACIC provides the information disclosed by the Australian police agencies to the department in accordance with the laws of the Commonwealth. That any information provided by you in the application for a Check relates specifically to the purpose of obtaining the required Check under the Working with Children Act 2005 (the Act) and the Working with Children Regulations 2016 (the Regulations). That any information provided by the Australian police agencies or ACIC relates specifically to the purpose of obtaining the required Check under the Act and the Regulations. That it is usual practice for an applicant's personal information to be disclosed to Australian police agencies for them to use for their law enforcement purposes, including the investigation of any outstanding criminal offences. That you may withdraw your consent at any time by sending the department written notice addressed to: Working with Children Check Unit Department of Justice and Community Safety GPO Box 1915 MELBOURNE VIC 3001 The information you provide as part of your application for a Check, which ACIC provides to the department on receipt of the application for a Check, will be used only for the purpose stated above unless statutory obligations require otherwise. 1 Part VIIC of the Crimes Act 1914 (Cth); Criminal Records Act 1991 (NSW); Criminal Law (Rehabilitation of Offenders) Act 1986 (QLD); Spent Convictions Act 2009 (SA); Spent Convictions Act 1988 (WA); Criminal Records (Spent Convictions) Act 1992 (NT); Spent Convictions Act 2000 (ACT); Annulled Convictions Act 2003 (TAS); Victoria Police Information Release Policy. Applicant consent and declaration I consent to the Department of Justice and Community Safety (the department), its agents, contractors and their subcontractors receiving, sharing, copying and processing the information in this application and its attachments for the purposes of the Working with Children Act 2005 (the Act) and the Working with Children Regulations 2016 (the Regulations). I consent to the department, for the purposes of this application, seeking information about me from any source considered necessary, including any Australian Police agency, the National Police Checking Service known as the Australian Criminal Intelligence Commission (ACIC), any court, prosecuting authority, authorised screening agency, Professional Registration Board, relevant prescribed body, health treating professional, agency and any government department including the Department of Health and Human Services, Commission for Children and Young People and Corrections Victoria. I consent to the disclosure to the department by such persons of any information sought and if I am granted a Working with Children Check (Check), I also consent to the department making any similar ongoing enquiries while I continue to hold the Check. I understand that the information which may be disclosed to the department includes, but is not limited to, the details about or circumstances relating to, convictions, findings of guilt and charges regardless of the outcome of the charges or when and where the offence or alleged offence occurred. I acknowledge it is an offence to apply for a Check if I am a subject to an order under the Sex Offenders Registration Act 2004, Serious Sex Offenders Monitoring Act 2005 or Serious Sex Offenders (Detention and Supervision) Act 2009. While my application is being assessed, I understand that if my criminal record discloses charges, offences or orders specified in Schedule 3 of the Act, regardless of when and where they occurred, I must not do paid or volunteer child-related work. I also understand that the 'Check status' service on the Check website during the course of the assessment will indicate that I am ineligible to do paid or voluntary child-related work. I understand that in accordance with the Act and the Regulations, the department may disclose personal information about me to the organisations whose details I provide to the department, or where otherwise permitted by any act or regulations. I understand that I must notify the department within 21 days of changes to my details. This includes my personal and contact details and the details of all organisations where I am doing child-related work. I consent to the department correcting my organisation contact details if it is satisfied that the information held is incorrect. I understand that I must notify the department and any organisations where I am doing child-related work within 7 days if I am charged with or found guilty of an offence, if I become subject to reporting obligations imposed by Part 3 of the Sex Offenders Registration Act 2004, become subject to a supervision order or interim extended supervision order under the Serious Sex Offenders Monitoring Act 2005, become subject to a supervision order or detention order or a relevant finding is made against me by a prescribed body. I consent to the department using the contact details I provide to request information (including any document, written submission or consent) for the purposes of assessing or completing my application. I also consent to the department notifying me about the finalisation, progress and outcome of my application and to request feedback from me relating to the Check. If I am issued with a Check, I consent to the department using the contact details I provide to contact me about updating my details, remind me about the expiry of my Check, send me periodic emails and eNewsletters, request information (including any document, written submission or consent) when re-assessing my eligibility to hold the Check, and notify me of the progress and outcome of any such re-assessment. I declare that: I am the applicant named in the application, and that all information and documents provided as part of my application are true, complete and correct. I have not omitted any names or aliases that I am currently known by, or have ever been known by in the past. If I have provided a photograph for the purposes of this application, that photograph is less than 12 months old. I acknowledge that the provision of false or misleading information in any of the details and documents provided as part of my application is a serious offence. I have read, understood and consent to ACIC being provided with the information as set out in the section titled 'What the Australian Criminal Intelligence Commission will do with your information'. I understand that if I notify the department that I withdraw my consent to a National Police History Check, the department will withdraw my application. If I have already been issued with a Check I will surrender it. I understand that if I surrender my Check, the department may still assess my eligibility to have a Check. Acland's Video Atlas Privacy Policy: Wolters Kluwer Health, Inc. Privacy Policy Wolters Kluwer Health, Inc. (“we” or “our”) has developed this Privacy Policy to demonstrate our commitment to your privacy on the Internet. This Privacy Policy applies to the information gathering and dissemination practices for websites and applications operated by Wolters Kluwer Health, Inc. and its affiliates that link to it (the “Web Services”). This Privacy Policy is designed to inform you about the types of information that we may collect from you when you use our Web Services. It explains how we use and disclose that information and your rights in relation to that information. The process for notifying you of any changes to our Privacy Policy is discussed at the end of this document. Each time you use the Web Services the current version of this Privacy Policy will apply. We encourage you to frequently review our Privacy Policy and note the effective date listed at the bottom. This Privacy Policy only applies to the information we collect from your accessing of the Web Services through a computer or other device such as a mobile phone. This Privacy Policy does not apply to information collected in any other way such as offline. Our Web Services are not intended for children under the age of 13. Our Special Information for Parents section contains more information regarding our policies regarding use of our Web Services by children. The Web Services may also contain links to websites or applications operated by others. This Privacy Policy does not reflect the privacy practices of those sites and applications, and we encourage you to consult their respective privacy policies to learn about their privacy practices. Other Wolters Kluwer affiliate websites and Web-enabled and accessible products and services may operate under separate privacy policies. By entering or using our Web Services, you are consenting to our collection and use of your data in accordance with the terms of this Privacy Policy. The terms and conditions of this Privacy Policy apply only to the extent that they are compliant with the applicable laws, including current and future European Union regulations governing the processing of personal data, the use of cookies and direct marketing. Information We Collect Personal Information When you use the Web Services, we may ask for or receive “Personal Information” about you. Personal Information is information that enables us to identify you or information that relates to you. Personal Information may include your name and physical address, email addresses, telephone numbers, online identifiers, location data, behavioral or demographic attributes, past transactional behavior on the Web Services, and information obtained from third parties. Information you make publicly available (e.g., in online forums or publicly available in social media) is not considered Personal Information under this Privacy Policy. As a user of the Web Services, you are under no obligation to provide us with Personal Information, but your refusal to do so may prevent you from using certain Web Service features. Other Information Like most websites, when you use the Web Services we collect “Other Information” which does not, on its own, reveal your specific identity nor directly relate to you as an individual. We use this Other Information to provide you with a personalized Web Service experience, to deliver the information, services, resources and products that are most relevant and useful to you and as described below. In some instances, we may combine the Other Information we collect with Personal Information to better understand your interests and to help us maintain data accuracy and provide and enhance the Web Service. For example, we may derive your geographical location from your IP address and combine data about your usage of the Web Services with your name. If we combine Other Information with Personal Information, we will treat the combined information as Personal Information. We only share Personal Information as described in this Privacy Policy or as required by law. How We Collect Information We and our third-party service providers may collect both Personal Information and Other Information from the following sources: Direct Interactions We may require you to register before purchasing or using certain products or services. You may be asked to provide us with Personal Information to complete the registration. We may also collect Personal and/or Other Information from your use of the Web Services as well as other activities such as account creation, submission of forms, or other transactions. Data from Third Parties We may use information from automated tracking technologies on third party websites, other data you may have made publicly available or data provided by third party sources, such as marketing opt-in lists, or data aggregators. Third Party Collection of Information We use various third-party vendors to track and analyze usage and volume statistical information of our Web Services. We may use services hosted by third parties, such as analytics services, to assist in providing our services and to help us understand how you use the Web Services. This information about your use of Web Services (including your IP address) may be transmitted to, and stored at, our data warehouses or our vendors’. We may send you emails which could contain certain cookies, web beacons and tokens which enable us to, among other things, determine whether you have opened or forwarded the email and/or clicked on links contained in the email. We use this information to customize advertisements and other messages you may receive, even after you have closed the email, and to determine whether you have made any inquiries or purchases in response to the email. These technical methods may enable us or our third party vendors to collect and use information in a form that is personally identifiable. We may also use third party vendors to identify users and deliver interest-based content and advertisements. Our partners may collect information directly from your device, such as your IP address, device ID and information about your browser or operating system, may combine our Personal Information and Other Information about you with information from other sources, and may place or recognize a unique cookie on your browser. Automated Tracking Technologies We may automatically collect information about your use of the Web Services through the technologies described below. The following descriptions are designed to provide you with additional detail about our current approach to information collected from automated tracking technologies. Web Utilization Data. Our servers automatically capture and save Web Utilization Data. Examples of such information include: • Your unique Internet protocol address; • The name of your unique Internet service provider; • The city, state, and country from which you access our sites; • The kind of browser or computer you use; • The number of links you click within the sites; • The date and time of your visit; • The web page from which you arrived to our sites; • The pages you viewed on the sites; and • Certain searches/queries that you conducted via our sites. Web Beacons. We use Web beacons, HTML5 local storage and other similar technologies to (i) manage access to and use of the Web Services, (ii) provide personalization and (iii) help us understand what services our visitors are accessing and how much time they spend accessing them. Flash Cookies. To personalize your visit, our websites and applications may use local shared objects, known as "Flash cookies", to store your preferences or display content based on your use of our websites. Flash cookies collect and store different information than browser cookies. Your browser’s cookie management tools may not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118. Device Information. We may collect information about the computer, mobile phone or other device you use to access the Web Services. Such information may include your IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information. Location Information. If you enable certain location-based features, our Web Services may be able to deliver content based on your current location. If you choose to enable the feature, your current location will be stored locally on your device, which will then be used by our application. If you elect to have a location-based search saved to your history, we will store that information on our servers. If you do not enable the location-based service, or if an application does not contain that feature, the application will not transmit to us, and we will not collect or store, location information. “Do Not Track” Signals. Some Web browsers incorporate a “Do Not Track” feature that signals to Web sites that you do not want to have your online activity tracked. However, these Web browsers communicate “Do Not Track” signals differently, making it unworkable to consistently honor such requests. As a result, our Web Services are not designed to respond to “Do Not Track” signals. Cookies In order to offer and provide a customized and personal service, we may use cookies to store and help track information about you. Cookies are pieces of data that are sent to your browser from a web server and stored on your computer's hard drive. However, if you prefer, you can set your browser to either notify you when you receive a cookie or to refuse to accept cookies. You can also choose to delete our cookies after visiting our sites or browse our websites using your browser’s anonymous usage setting. For detailed guidance on how to control or delete cookies, we recommend you visit https://www.aboutcookies.org/. Some features of our sites and applications may not function properly if you decline or disable Internet cookies while using the Web Services. Some of the types of cookies we may use are: Absolutely necessary cookies. These are cookies that are required for the operation of the Web Services. They include cookies that enable you to log into the Web Services’ secure areas, use a shopping cart or make use of electronic payment services. Performance Cookies. These are cookies that allow us to recognize and count the number of visitors and to see how visitors move around the Web Services. This helps us to improve how the Web Services work. Functionality Cookies. These are cookies that are used to recognize you when you return to the Web Services. This enables us to personalize our content and remember your preferences (for example, your choice of language or region). Targeting and Advertising Cookies. These are cookies that record your visits to the Web Services, the pages you have visited and the links you have followed. Our targeting and advertising cookies collect information about your Web Services browsing history in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. Please see our “Interest-based Advertising” section below for more information about your choices regarding our and our vendors’ use of these cookies. The information stored in the Cookies from our website is used by Wolters Kluwer Health, Inc. and may be used and managed by external entities to provide services, including advertising services, requested by us to improve our services and the experience of the user browsing our website. How We Use Information Personal Information We use Personal Information (unless otherwise restricted by law), for the following purposes: Engage in and Process Transactions. We may use Personal Information along with financial and payment information to engage and process your transactions. We may also use your Personal Information to keep you updated about the status of your orders. Personalize the Web Services. We may use your Personal Information to help create and personalize content on the Web Services, facilitate your use of the Web Services, improve quality, track marketing campaign responsiveness, and evaluate page response rates. Provide Targeted Advertising. We may use your Personal Information, including demographic preference and other similar information to allow targeted advertising on one or more of the Web Services. This means users see advertising that is most likely to interest them. This improves both the viewer's experience and the effectiveness of the ads. Please see our “Interest-based Advertising” section below for more information. Surveys and polls. We may use the Personal Information you provide us when participating in a survey or poll for marketing or market research purposes. Research and development. We may use your Personal Information for internal research and development purposes and to test and improve the quality of our Web Services. Customer Support. If you contact us for customer support, we may ask you to provide information about your computer, mobile phone or other device and about the issue you are trying to resolve. This information may be necessary to help us address the issue you are experiencing. We may record your requests and our responses for quality control purposes. Provide WK Online Communities. For some Web Services, we may make chat rooms, forums, message boards, or news groups available to you. Please remember that any information disclosed in these forums is public. We encourage you to exercise caution when disclosing Personal Information in these forums, as this information is made available to other users. Do not disclose information in these public forums that might be considered confidential or proprietary or that you do not wish to be publicly available or that you are prohibited from disclosing. Legal Obligations. We may disclose your Personal Information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process, either within or outside your country of residence; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes; (d) to enforce our terms and conditions; and (e) to allow us to pursue available remedies or limit the damages that we may sustain. Other Information We may use, transfer, and disclose Other Information we collect for any purpose, except where applicable law requires otherwise. If we are required to treat Other Information as Personal Information under applicable law, then we will only use it in the same way that we are permitted to use and disclose Personal Information. How We Share Information Personal Information We share Personal Information to further our business operations and as described below. We may share Personal Information with the following third parties: Service Providers. We may disclose your Personal Information to third parties that perform certain functions on our behalf, such as: to provide analytics and site usage information; process transactions and payments; provide outsourced help with the operations of the Web Service functions; provide marketing and promotional assistance; and provide other services related to the operation of our business. In such cases, however, we require that such authorized third-party service providers institute safeguards to protect the confidentiality of your Personal information. Marketing Partners. We may share your Personal Information with third parties to develop, deliver and report on targeted advertising on our website or in emails sent by us to you and with other marketing partners. Please see our “Interest-based Advertising” section for more information on how these third parties may use your information. Affiliates. We rely on our affiliates to support our products and services and we share some of our back-office functions with these affiliates. Our affiliates all agree to follow applicable law and our privacy policies related to the treatment of any Personal Information they may access or receive from us. Legally Required Sharing. We may disclose information about you (i) if we believe in good faith that we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. Business Transfers. We reserve the right to transfer Personal Information to a purchaser or successor entity in the event of a sale or any other corporate transaction involving some or all of our business. Other Information We may share Other Information we collect for any purpose unless prohibited by law. Below are some of the third parties with whom we may share Other Information and the purposes for which we do: De-Identified Data. We may share aggregated, anonymous Other Information, such as aggregated statistics, usage information and demographic data with third parties, including advisors and advertisers. When we provide this Other Information, we perform appropriate procedures so that the data does not identify you. Subscribing Organizations. When your use of the Web Services is through a subscription obtained by your employer or other organization, that subscribing organization may be provided access to certain utilization data about the Web Services consistent with the terms of the customer subscription agreement. Interest-based Advertising We use cookies, Web beacons and other similar automated tracking technologies to show targeted ads on your device(s). These ads are more likely to be relevant to you because they are based on inferences drawn from location data, web viewing data collected across non-affiliated sites over time, and/or other application use data. This is called “Interest-based Advertising”. In addition, certain third parties may collect data on our website and combine this data with information collected from other websites for purposes that include Interest based Advertising as described above in our “Third Party Collection of Information” section. If you would like to learn more about this type of advertising or would prefer to “opt out” of having your information used for website interest-based advertising (if possible), you may visit http://www.aboutads.info/choices. To opt out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices. Please note, some third-party providers do not participate in the Self-Regulatory Program for Online Behavioral Advertising and may limit your ability to “opt out”. We do not control and are not responsible for such third-party advertisers’ and ad networks’ information practices or their use of cookies and other ad service technologies. Security Measures We have implemented numerous security features designed to help protect your Personal Information from accidental loss and from unauthorized access, use, or disclosure. For example, when a user places an order on our website or application or accesses their account information, that user may be offered the use of a secure server. A secure server encrypts information a visitor inputs before it is sent to us and is also used to securely store Personal Information. Please be advised, however, that while we have endeavored to create secure and reliable Web Services for users, the confidentiality of any communication or material transmitted to/from us via the Web Services or e-mail cannot be guaranteed. We cannot guarantee that unauthorized persons will always be unable to defeat our security measures. Accordingly, we, and our affiliates, are not responsible for the security or confidentiality of information transmitted or accessible via Web Services, email or the Internet. Your access to many of the Web Services and content may be password protected. You should take precautions to protect your user names and passwords, and we recommend that you refrain from disclosing your usernames and passwords to anyone. We also recommend that you sign out of your account or service at the end of each session. You may also wish to close your browser window when you have finished your work, especially if you share a computer with someone else or if you are using a computer in a public place like a library or Internet cafe. Data Storage We store your Personal Information in a data center with restricted access and appropriate monitoring and use a variety of technical security measures designed to secure your data. Additionally, we use intrusion detection and virus protection software. We maintain policies and practices designed to limit access to your personal information to employees who need such access to carry out their job responsibilities. We may store and process your Personal Information in systems located outside of your home country. Regardless of where storage and processing occurs, we take appropriate steps to ensure that your information is protected, consistent with the principles set forth under this Privacy Policy. Retention and Deletion We keep your Personal Information: (i) for as long as your account is active; (ii) as needed to provide you with our products or services; (iii) as needed for the purposes outlined in this Privacy Policy; (iv) as necessary to comply with our legal obligations (such as to honor opt-outs), resolve disputes, and enforce our agreements; and (v) to the extent permitted by law. International Transfer Please note that Personal Information may be transferred, accessed and stored globally as necessary for the uses and disclosures stated above in accordance with this Privacy Policy. By providing your Personal Information you give express consent to transfer your Personal Information to our affiliates globally and to third party entities that provide services to us. Special Information for Parents The Children’s Online Privacy Protection Act (COPPA) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain information from anyone under the age of 13, unless or except as permitted by law. Any person who provides information through the Web Services represents to us that he or she is 13 years of age or older. If we learn that information has been collection from a user under 13 years of age on or through the Web Services, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a member of the Web Services or has otherwise transferred information to the Web Services, please contact us using our contact information below to have that child’s account terminated and information deleted. Your Choices About Collection and Use of Your Information Opt-Out Right You may opt out of having your Personal Information collected by us, used by us for certain secondary purposes, or used by us to send you promotional correspondences, by contacting us via postal mail, email, or telephone at the addresses and telephone number below, or by unchecking the appropriate box while accessing your email preferences. Access to and Ability to Correct Personal Information We strive to maintain the accuracy of the personal information collected through our Web Services. We will provide you with access to the Personal Information you provide through the Web Services for as long as we maintain that information in a readily accessible and retrievable format. We will also work with you to correct any information you submitted to us. There are additional means to correct, amend or delete your Personal Information or update your preferences. For example, you may cancel your registration or update your preferences at any time. Or, if you no longer wish to receive information about our products or services, you may update your account preferences (where available), check the appropriate box when registering and/or utilize the "unsubscribe" mechanism within the communications that you receive from us. For users in the European Economic Area (“EEA”): You can request that we send you the Personal Information you provided to us in a structured, commonly used and machine-readable format, enabling you to transfer such information to another data controller. Where technically feasible, we will handle such transfer directly. In certain countries, including all the Member-States of the European Union, you can lodge a complaint with a supervisory authority if you believe your Personal Information has been unlawfully processed. The access and correction provisions of this Privacy Policy only apply to Personal Information collected from you through the Web Services. Your Privacy Rights Under California Law Residents of California who have provided Personal Information to us have the right to request from us a list of the third parties with whom we have shared certain Personal Information, as defined under California Civil Code Section 1798.90(e) during the preceding year for third party direct marketing purposes. We will respond to one request per California resident per calendar year, in accordance with California Civil Code Section 1798.83. To submit such request, contact us by mail at 14700 Citicorp Drive Building #3 Hagerstown, MD 21742 or by email at customersupport@lww.com. Please allow 30 days for a response. Our Right to Change Privacy Policy We reserve the right to change this Privacy Policy at any time by posting a new or revised statement. This Privacy Policy was last revised and is effective as of October 2, 2017. How to Contact Us If you have any questions, concerns, or suggestions regarding our Privacy Policy, we can be contacted at: By email to: customersupport@lww.com; or By telephone to the applicable number listed here: 1.800.638.3030 Outside of the United States: 1-301-223-2300 Radiopaedia Terms of Use Radiopaedia Pty Ltd (ACN 133 562 722) Effective Date: 18th December 2018 Thank you for visiting Radiopaedia.org (Site), a collaborative radiology resource, and/or downloading our app, which incorporates Site content (App). By accessing the Site or any App (collectively any "Platform"), or by submitting the registration information on any Platform (at which point we ask you to agree to these Terms of Use) you create an agreement with us. Under this agreement, you agree to be bound by these terms of use as amended from time to time (Terms of Use). In return, we agree to allow you to access and use the Platforms until such access is terminated in accordance with these Terms of Use. Please take the time to read these Terms of Use carefully as they contain important information regarding your legal rights remedies and obligations. These include various limitations and exclusions and an important Medical Disclaimer (below). If you do not agree with these Terms of Use, please do not register for, access, or use any Platform. If you accept these Terms of Use (including the Medical Disclaimer below), you may browse content on any Platform, and may continue to do so for so long as you accept these Terms of Use. Your continued browsing will be deemed to be continued acceptance of these Terms of Use. If you wish to add, curate, or edit content on a Platform, be able to contact other users, subscribe to services, have a profile page or be entitled to notification of material changes to these Terms of Use (collectively referred to as "Registration Features"), you must register on the site and create an account. Any such account may be terminated in accordance with these Terms of Use. Overview The following are terms of a legal agreement between you (User) and Radiopaedia Australia Pty Ltd ACN 133 562 722 (Radiopaedia). By accessing, browsing, or using any Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. Radiopaedia may, without notice to you, at any time revise these Terms of Use by updating this posting. It is your responsibility to regularly check the Platforms to determine if there have been changes to these Terms of Use and to review such changes. However, where required by law, and provided you have registered with the site and therefore have an account settings page available at http://radiopaedia.org/users/YOUR_USERNAME/edit (Account Settings Page), we will send you an e-mail notifying you of any material changes to these Terms of Use to the email address recorded on your Account Settings Page, and if you subscribe for email updates (at the end of this document) we will endeavor to notify you (to the email address you subscribe) of all changes. Radiopaedia may also make improvements or changes in the products, services, or programs described on any Platform at any time without notice. These Terms of Use apply exclusively to your access to and use of the Platforms and do not alter the terms or conditions of any other agreement you may have with Radiopaedia. Medical Disclaimer Content on the Platforms is provided for educational purposes only and is provided for use by medical professionals. It should not be used for self-diagnosis or self-treatment. It is not intended as, nor should it be, a substitute for independent professional medical care. We recommend that you consult your own physician regarding any diagnosis, imaging interpretation or course of treatment. As content is submitted by individual users, Radiopaedia and its associates (including licensors) (Associates) cannot guarantee its accuracy and assume no legal liability or responsibility for the accuracy, currency or completeness of the information. Medical practitioners must make their own independent assessment before suggesting a diagnosis or recommending or instituting a course of treatment. The Platforms should not in any way be seen as a replacement for consultation with colleagues or other sources, or as a substitute for conventional training and study. If you are not medically qualified and are registering as a layperson, you further acknowledge that the content on the Platforms is provided for educational purposes only, and is provided for use by medical professionals. You agree to use the information solely for your own private educational purposes and further agree not to rely on the information in any way. Ownership and Licences User-contributed image content All rights in any image content which you contribute to any Platform (i.e. radiology cases, including but not limited to X-rays, CT, MRI, ultrasound, angiography, images, diagrams and photos, but specifically excluding all text content) (Image Content), are unless otherwise agreed by Radiopaedia in writing at the time you contribute same, licensed by you to Radiopaedia under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence (http://creativecommons.org/licenses/by-nc-sa/3.0/) (CC Licence), as such licence is modified in accordance with these Terms of Use (Image Content Licence). Other than in respect of Image Content contributed by you, Radiopaedia grants to you a sub-licence of the Image Content Licence to the extent necessary, and only to such an extent, for you to access and use the Platforms. Image Content (other than Image Content contributed by you) may not be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, outside the bounds of the CC licence, without prior written permission from the contributing user, or if the contributing user has delegated such rights to Radiopaedia on their Account Settings Page then from Radiopaedia. Text content So that text content you contribute to Radiopaedia can be readily edited by other Radiopaedia users and it is necessary that all rights in any text content which you contribute to any Platform - including but not limited to articles, case descriptions, blog posts, tutorials, image descriptions and all communications you transmit to anyone through any Platform (Text Content) - be the property of Radiopaedia, and immediately vest in Radiopaedia upon creation. Unless otherwise agreed by Radiopaedia in writing, all such content is licensed to you under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported licence. You may modify Text Content in good faith and in the legitimate use of a Platform, but Text Content may not otherwise be modified, copied, distributed, reused, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by you in any form or by any means, in whole or in part, outside the scope of this licence, without prior written permission from Radiopaedia. Where you contribute any Text Content to any Platform, you assign to Radiopaedia, free of charge and effective on making such contribution, all right, title and interest in such content (including any copyright, but excluding any non-assignable personal rights). Warranty In respect of all content - including Image Content and Text Content - which you contribute to any Platform (Your Content), you warrant that you have the right to contribute such content to the Platforms and to allow such content to be used in accordance with these Terms of Use, and you further warrant that such content: has been collected by you in a diligent and professional manner and in accordance with the Privacy Act 1988 (Cth); is de-identified such that the identity of each patient to whom Your Content relates is not identifiable or reasonably identifiable; comprises legitimate and original content such as, but not limited to radiographic images (CT, US, MRI, X-rays, DSA etc..), photos, diagrams and illustrations and that these have not been in any way copied from any secondary source; and will not infringe any third party intellectual property rights when used on, or in connection with, any Platform. Moral rights etc Despite any provision to the contrary at law or under the CC Licence, you consent to Radiopaedia making, and allowing third parties to make, any use of Your Content which would otherwise infringe any non-assignable personal rights which may subsist in Your Content. Modifications to CC Licence You acknowledge that each Platform is a "Collection" as defined in the CC Licence. You further acknowledge that the CC Licence is amended as follows, in respect of Your Content (irrespective of when you posted Your Content). Despite any contrary provision in the CC Licence: Radiopaedia will endeavor to ensure appropriate attribution is made or is not made (as the case may be), but will not be liable in any way for failing to make appropriate attribution or failing to comply with any request to remove any attribution; Radiopaedia may: accept commercial sponsorship; charge Users for registering for, accessing or using any Platform (other than the Web Platform, which will always be freely accessible) and/or for access to certain modules of Image Content and Text Content on any Platform (other than the Web Platform); sub-license its rights under these Terms of Use to Radiopaedia Events Pty Ltd ACN 603 740 030 for use by that company for providing commercial and non-commercial educational and training services and related events; if the CC Licence is terminated for any reason, Radiopaedia will endeavor to comply with any written request from you to remove any content contributed by you but is under no obligation to do so. You further agree that Radiopaedia's licence under these Terms of Use is perpetual and irrevocable and that damages are your sole remedy for any breach of the licence; the Governing Law, Venue and Jurisdiction provisions set out in these Terms of Use below also apply to the CC Licence; and should Radiopaedia wish to use, or receive a request to use, Your Content outside the bounds of the licence rights granted under these Terms of Use, you will not unreasonably withhold your consent to such use; and further, should Radiopaedia, having used its reasonable efforts to contact you to seek such consent, be unable to contact you, Radiopaedia may make a decision on your behalf at its discretion. Upon you consenting, or being deemed to have consented, to such use, you appoint Radiopaedia to act for and on behalf of you in respect of any dealings with third parties in relation to such use, including doing all such things and executing all such documents (whether in the form of a deed or an agreement or otherwise) to enable such use, and to Radiopaedia retaining any or all funds (at its discretion) received in connection with such use. Platform Intellectual Property Rights All rights in all software, designs, arrangements, graphics pertaining to the Platforms belong to Radiopaedia. All trademarks, product names, and company names and/or logos displayed on the Platforms are either trademarks or registered trademarks of Radiopaedia or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Radiopaedia. All page headers, custom graphics, button icons, and logos are service marks, trademarks and/or trade dress of Radiopaedia or its Associates and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of Radiopaedia. User Conduct General In using any Platform, you agree: to comply with all policies of Radiopaedia or its Associates contained in, or referred to on, the Platform or as otherwise communicated to you by or on behalf of Radiopaedia from time to time; not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, software, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Web sites; not to disrupt or interfere with any other user's enjoyment of the Platforms or affiliated or linked Web sites; not to upload, post, or otherwise transmit through or on the Platform any viruses or other harmful, disruptive or destructive files; not to use or attempt to use another's account, service or system without authorization from Radiopaedia, or create or use a false identity on the Platform; not to transmit through or on the Platform spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; not to divulge your username and password to others either on or off the Platform; not to attempt to obtain unauthorized access to any aspect of the Platform which is restricted from general access; and not use the Platform to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to any person’s particular condition or situation. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations when using any Platform. Online Communities and Other Interactive Areas The Platforms contain areas where you may post and share comments with other persons on a variety of subjects. You agree that you will not post or otherwise disseminate on or through any Platform unlawful, defamatory, harassing, libellous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. Radiopaedia reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless Radiopaedia and its Associates from all claims from third parties based upon communications made or materials posted by you or upon your abuse of any Platform. You expressly agree that you will not discuss or refer to any particular patient, any particular patient's medical condition or any other information which could identify a particular patient. You further expressly agree that you will not discuss, endorse or refer to "off-label” uses of medical products, including any uses which have not been approved by the Australian Therapeutic Goods Administration, the U.S. Food and Drug Administration or another applicable regulatory agency. Notice of Inappropriate Use If you believe that Your Content has been improperly used on any Platform, or that any other person has engaged in any conduct contrary to these Terms of Use, please Contact Us (http://radiopaedia.org/contact) Privacy Policy Our commitment to privacy Your privacy and that of your patients is very important to Radiopaedia.org. While the purpose of the Platforms is to facilitate the sharing of information and knowledge (including radiographic images, case notes and other content relating to radiology), we keep your personal information safe and secure and only use it for the purposes described in this privacy policy. We publish this policy explaining our online information practices and the choices you can make about the way your information is collected and used so that you can make an informed decision about using and/or registering for any Platform, and learn how your use and/or registration may affect your privacy. This privacy policy applies to information collected through any Platform. By accessing any Platform, you acknowledge and agree to the uses of information described in this privacy policy. The information we collect about you User Information User Information is information that is provided by you to us when you register online for any Platform, including your: Username and password Surname First name Position title (professional) Country Email address Additional information including, but not limited to, your city, institution(s), qualifications and spelling preference (e.g. UK or US English) may be collected by us if you elect to enter that information during the registration process or subsequently by editing your account settings page. Information regarding how you interact with the Platforms may also be collected by us and linked to your account, including, but not limited to, the number of cases uploaded, edited or otherwise contributed by you. IP Address Every computer connected to the Internet is associated with a unique numerical identifier, known as an Internet Protocol address (IP Address). When you access our services via any Platform, our servers need to know your IP Address, which is sent automatically when information is requested by you (e.g. web page showing a particular patient case contained on the Radiopaedia.org website). When logged in to any Platform, we may associate your IP Address with your login. When you are not logged in, we do log your IP Address but do not automatically link your IP address to any other information that would enable us to identify you. However, if it becomes necessary to enforce compliance with our Terms of Use, or to protect our Platforms, other users or third parties (e.g. patients), we may attempt to use the logged IP address with other information to attempt to identify you. In addition, we use IP Addresses to determine the approximate geographic location of the device you used to access our Platforms. Usage Data Usage Data includes general information about how you interact with the web pages and websites on the Platforms. This is collected using cookies (or similar technologies) placed by us and others (see ‘Who the information is shared with’ below). Cookies are small pieces of data sent from a website and stored in a web browser, and which may assign an anonymous identifier to the user. Usage Data includes: pages you visited on our websites how you came to the website (e.g. via our newsletter) which particular buttons or links on the site you clicked whether you have been to the site before The way we use information User Information We use your User Information for communicating with you in relation to the Platforms, including contacting you in relation to your contributions, managing newsletter distributions, directly marketing products to you and notifying you of administrative matters, such as changes to this privacy policy or alterations to the Terms of Use. If you are a registered user, we also publish your User Information, excluding your email address, on your profile contained within the Platforms. Other users may contact you via a ‘contact user’ link in your profile. However, when this link is activated and a communication window opens, your email address remains hidden to the user. We may also use your User Information in the ways described below. Usage Data We use Usage Data to understand the online behavior of our users. In particular, using web analytics services on the Platforms enables us to measure, collect, analyze and report on Usage Data for the purposes of understanding and optimising users’ experiences on the Platforms. It also enables us to focus our marketing activities, which, in turn, help us to develop the Platforms. Geographical location information contained in the Usage Data enables us to tailor your experience on the Platforms by displaying different content based on your location, such as local advertising offers, and content in your local language. We also use Usage Data for remarketing (sometimes called retargeting) to better target ads to users. Retargeting uses cookies to identify users who visit a website showing a particular brand of goods or services and then targets advertisements of that brand to that user on other websites. Who we share the information with Usage Data is also either collected directly by, or disclosed to, certain other providers during the course of a session using any Platform for use by those other providers for a range of purposes, including to: distribute direct marketing materials from Radiopaedia (such as via MailChimp) connect to social networks (such as via links to Twitter, Facebook, Google+ and other platforms within the Platforms) pay commission to our affiliates target advertising (e.g. Healthcare Communication NetworkSM - their privacy policy is available here) We share User Information when you have opted in to receive direct marketing material (e.g. via Customer.io) and, if you are a registered user, to other users of the Platforms via your user profile. Information Transferred or Stored Overseas Many of those other providers are located overseas and Usage Data disclosed to them may be stored on servers located overseas. Similarly, while we operate out of Australia and may store Usage Information and Usage Data on servers located there, some may be stored on servers located overseas and/or managed by third parties. When we do transfer data, we will make sure that there are appropriate safeguards in place to protect your personal data. For individuals in the European Union (EU), this means that your personal data will be transferred outside of the EU. EU personal data will only be transferred to countries that have been identified as providing adequate protection for EU data (such as New Zealand) or to a third party where we have approved transfer mechanisms in place – this means that we have either entered into an appropriate Data Processing Agreement or by ensuring that the entity has appropriate data protection in place, including where the entity is Privacy Shield certified (for US-based third parties). For further information about how each of the other providers referred to above handles personal information (which may include your Usage Data and User Information), we recommend that you visit their respective websites and read their respective privacy policies. A Note on Affiliate Links Our Platforms contain various affiliate marketing links, which mean that we may be paid commission on sales of the products and services that are listed on those Platforms. These links do not influence the editorial content posted on the Platforms in any way. When you click on an affiliate link, a cookie is placed to help optimize the affiliate program. Some Usage Data is sent to our affiliate partners. Anonymity of cases/images It is a requirement of the Terms of Use that all patient cases uploaded to any Platform by each user are de-identified such that the identity of each patient to whom the content included in the case relates (e.g. radiographic images and case notes) is not reasonably identifiable. If you become aware of any case from which you feel you (as a patient) or another person is reasonably identifiable, please contact us immediately at privacy@radiopaedia.org. Information which should NOT appear on any patient cases uploaded to any Platform (based on HIPAA guidelines) includes, but is not limited to: name initials date of birth address, including full or partial postal code telephone or fax numbers or contact information e-mail addresses unique identifying numbers (e.g. UR, MRN, HID etc..) vehicle identifiers medical device identifiers (e.g serial numbers) web or internet protocol addresses containing any link to the patient biometric data facial photograph or comparable image names of relatives date of the study Additionally, if a case is, for one reason or another, unique in such a way that could lead to the identification of an individual from the images alone, then it should not be uploaded. This means that a case which has, for example, been featured in the media or shows particularly rare symptoms is usually inappropriate for upload. Similarly, the textual information accompanying the text should also be devoid of identifying information, and devoid of other unnecessary information which could aid in the identification of a patient. Note: Our privacy policy does not override the individual policies of institutions, and users should ensure that they are using images within their local guidelines. We take patient privacy very seriously, and failure to abide by these rules constitutes a breach of our privacy policy and Terms of Use. If you upload a case containing patient information, or from which a person is otherwise reasonably identifiable, your case will be deleted from the Platforms immediately upon our becoming aware of its existence and we may take such action against you as permitted under the Terms of Use. Our commitment to data security To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. How you can access or correct your information or opt out Online tracking by Us and Third Parties Please note that at present we do not change what we do based on whether you have the Do Not Track setting (if available) enabled in your web browser and that setting will not prevent us from collecting Usage Data or authorising other providers to do so. Cookies, Your say and How to 'Opt-out' You can contact us to request access to the User Information, and any other personal information, that we may hold. We will respond to your request within a reasonable period (and if you are in the European Union, within 30 days) and provide you with access, except in certain limited circumstances. You may request us to correct any personal information that is not accurate, up-to-date, complete, and relevant or is misleading, and we will change it where reasonable to do so. For further information about access and correction, or if you have any complaints or concerns about how we manage your User Information or Usage Data, please contact us at the details provided below. If you no longer wish us to process your User Information, Usage Data or IP Address Details for certain purposes, you can do any or all of the following: opt-out of receiving online communications from us by clicking the ‘unsubscribe’ link at the bottom of the newsletter, advertisement or other communication (as applicable) delete existing cookies from your web browser and/or disable cookies on your computer and/or other devices (as appropriate). Depending on the particular browser you are using (e.g. Google Chrome, Safari, Internet Explorer, Mozilla Firefox), this can usually be done on your computer by accessing your ‘Browsing History’ through the ‘Settings’ or ‘Options’ menu (or equivalent) in your web browser, or if you are using a different device, then in the ‘Settings’ for that device. If you do not disable cookies in your web browser, and you subsequently visit our website, fresh cookies are likely to be placed and you may need to repeat the process of deleting existing cookies alter your ad preference settings in each of Google and Facebook, and on the platforms of other providers, if you have access to do so manage your DMD Healthcare Communications Network℠ (HCN) personal information by visiting their privacy policy page opt-out of the collection of Usage Data via any Platform by third parties who are members of the Digital Advertising Alliance (aboutads.info/choices and aboutads.info/PMC) or Network Advertising Initiative (networkadvertising.org/choices/#completed) and following the appropriate prompts If you do opt out of receiving direct marketing materials from us, we will no longer use your information for those purposes, however we may use your information for the limited purpose of contacting you directly in relation to your use of any Platform, or changes to these Terms of Use or where we are otherwise lawfully able or required to do so. If you disable cookies in your web browser, delete existing cookies, or take other steps to ‘opt out’, the Platforms may not work properly and your experience with the Platforms will be less personalised and may be less enjoyable. Deleting existing cookies from your web browser may also cause it to lose recorded information for other websites, such as previously used usernames and passwords. Your withdrawal of consent for us to use your information for certain purposes may mean that we can no longer provide the Platforms to you. Contact us Should you have any questions or concerns about this privacy policy, please contact us (preferably by email) at the following addresses: Radiopaedia Australia Pty Ltd, PO Box 274, Kew VIC 3101, Australia or privacy@radiopaedia.org. Links and Third Party Content Links to Other Web Sites The Platforms may (from time to time) contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship (except in the case of "the sponsor” clearly identified) or recommendation by Radiopaedia of or affiliation or association of Radiopaedia with or responsibility of Radiopaedia for the linked Web sites or any content, Platforms or products available on or through such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Links do not imply that Radiopaedia is, or its Associates are, legally authorized to use any trademark, trade name, product name, company name or logo displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, product name, company name or logo of ours or of any Provider. Users must not post links to other Web sites, except when in the form of a link to a reference textbook or journal in the reference field of articles. Radiopaedia reserves the right to remove, in its absolute discretion, any and all links from any part of any Platform. Links from Other Web Sites Radiopaedia must approve all links to the Site in writing, except that Radiopaedia consents to links in which: the link, when activated by a user, displays the Site full-screen and not within a “frame” on the linked Web site, and the appearance, position, and other aspects of the link do not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Radiopaedia or its Associates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Radiopaedia or its Associates. In any event, you agree that Radiopaedia reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which Radiopaedia's consent has been withdrawn. Third Party Content The Platforms may (from time to time) contain material, data or information provided, posted or offered by third parties, including advertisements or postings in online community discussions. You agree, to the maximum extent permitted by law, that neither Radiopaedia nor its Associates shall have any liability whatsoever to you for any such third party material, data or information. Disclaimers and Limitations of Liability General Disclaimer The platforms, including the image and text content, are provided on an “as is” and “as available” basis. You acknowledge having read and understood these terms of use, including the "medical disclaimer", and any other conditions brought to your attention in the course of your access to, or use of, any platform. To the maximum extent permitted by law, you expressly agree that: your use of any platform is at your sole risk; except as otherwise expressly agreed in writing, Radiopaedia and its associates expressly disclaim any implied or express representations or warranties of any kind relating to the use of the platforms; without limiting the foregoing, Radiopaedia and its associates assume no responsibility for, and make no warranty or representation: as to the accuracy, currency, completeness, reliability or usefulness of, any information obtained through use of any Platform (including any advice, opinion, statement or other content or any products or services distributed or made available by third parties through any Platform); that confidentiality of information transmitted through any Platform will be maintained; that any Platform will be of merchantable quality, fit for a particular purpose or meet your requirements; that any access to, or use of, any Platform will: not infringe any rights (including intellectual property rights) of any third party; or be free of defects, viruses, or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of a computer system; be uninterrupted or error-free or; you must take your own precautions to ensure that whatever you select for your use from any platform is free of defects, viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of a computer system; and Radiopaedia and its associates are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of any platform No advice or information, whether oral or written, obtained by you from or through your use of any platform, or otherwise from Radiopaedia or its associates, creates any warranty not expressly made in these terms of use. You acknowledge that Radiopaedia does not control in any respect any information, products or services offered by third parties through any platform. Limitation of Liability Except as expressly provided in the following sentence, in no event will the aggregate liability of Radiopaedia and its associates to you in connection with these terms of use exceed AU$500. Where any legislation implies in the agreement any term, condition or warranty, and also renders void any provision in a contract which purports to exclude or modify the application or exercise of, or liability under, such term, condition or warranty, such term, condition or warranty will be deemed to be included in these terms of use. However, the aggregate liability of Radiopaedia and its associates for any breach of such term, condition or warranty will be limited, at Radiopaedia's option, to any one or more of the following: if the breach relates to goods the replacement of the goods or supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services: the supplying of the services again; or the payment of the cost of having the services supplied again. To the maximum extent permitted by law Radiopaedia and its associates exclude all liability to any person for loss or damage of any kind (howsoever caused, including by negligence) arising from or relating in any way to any access to or use of any platform (including liability for any special, indirect, consequential or incidental damages, including, damages for loss of profits or revenues, business interruption, loss of programs or other data or costs of replacement goods, or otherwise, even if same have been expressly advised of the possibility of such loss or damages). Indemnity You must indemnify and keep indemnified Radiopaedia and its associates and their respective directors, officers, employees and agents from and against any claims, losses, liabilities, costs, expenses (including investigative costs, court costs, legal fees, penalties, fines and interest) and damages of any kind (including those which are prospective or contingent) whatsoever and howsoever, directly or indirectly arising out of or in connection with these terms of use or your use of any platform, including liability arising in connection with your breach of these terms. Termination Radiopaedia may, as it sees fit, for any reason or no reason at all, without liability to you or any third party, terminate your account or your access to the Web Platform and if you fail to comply with these Terms of Use, Radiopaedia may terminate your account or your access to any App Platform. If we exercise any such termination right we will send an e-mail to the e-mail address recorded on your Account Settings Page and termination will be effective upon us sending that e-mail (and will be considered effective even if the e-mail is not delivered for any reason). You may terminate your account for any reason at any time by sending an email clearly requesting that your account be terminated to general@radiopaedia.org and we will implement your request promptly. If your account is terminated, we may, as we see fit, delete any content relating to your use of any Platform on our servers or otherwise in our possession. Immediately upon termination, either by you or us, of your account you will no longer be permitted to use any Registration Features on that Platform. You may continue to browse content on the Web Platform but your continued browsing will be deemed to be continued acceptance of these Terms of Use. Governing Law; Venue and Jurisdiction Applicable Law These Terms of Use shall be governed by the laws of the State of Victoria, Australia. Competent Jurisdiction In the absence of mutual agreement, any dispute arising from the interpretation and/or performance of the present Terms of Use shall be submitted to the exclusive jurisdiction of the competent Courts of the State of Victoria, Australia. Effective Date, Amendment and Severability These Terms of Use are effective as of 27 August 2015. Radiopaedia may from time to time revise these Terms of Use (including the Privacy Policy) by updating this posting. Where required by law, and provided you have registered with the site, we will send you an e-mail notifying any material changes and if you subscribe for email updates (at the end of this document) we will endeavor to notify you of all changes. Your continued use of any Platform after any such updating means you accept such revisions and any changes to the Privacy Policy will apply both to User Information and Usage Data we already have about you at the time of the change, and any such information created or received after the change takes effect. If you do not agree to any changes, you must not continue to use any Platform. If any provision of these Terms of Use is held unenforceable, the remaining portions shall remain in full force and effect. Entire Agreement These Terms of Use contain the entire understanding and agreement between you and Radiopaedia regarding the Platforms and supersedes all prior and contemporaneous agreements and understandings between us regarding such subject matter. Indigenous X Privacy Policy IndigenousX Pty Ltd (IX, we, our, us) recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our privacy policy and it tells you how we collect, manage and disclose your personal information. What is personal information? When used in this privacy policy, the term “personal information” has the meaning given to it in the Privacy Act 1988 (Cth) (Privacy Act). In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information. What personal information may we collect? To the extent legally permissible, we may collect the following types of personal information: name; mail, email and street addresses; telephone and facsimile numbers; any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise; and information you provide to us through our Patreon page, PayPal donation page or other affiliated pages. We do not normally collect sensitive information as defined in the Privacy Act. We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website. How do we collect personal information? To the extent legally permissible in your jurisdiction, IX collects personal information in a number of ways, including: directly from you, such as when you provide information such as an online contact form; from third parties such as Patreon or PayPal; from publicly available sources of information; and from our own records of how you use our IX website. How do we use your personal information? To the extent legally permissible, we collect, hold, use and disclose your personal information for purposes including to: identify you; research and develop our website; send communications requested by you; answer your enquiries and provide information or advice about existing and new articles; fulfil the administrative, planning, quality control and research purposes of IX, contractors and/or suppliers; update our records and keep your contact details up to date; provide your updated personal information to our contractors and/or suppliers; process and respond to any complaint made by you; contact you and/or pay you for or in connection with products or services you provide us; and comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental direction. When we disclose your personal information For the purposes set out above (under “How do we use your personal information”) we may disclose your personal information to organisations or persons outside IX, to the extent this is legally permissible. If we need to disclose your personal information for any other purpose, we will only do so with your consent or where you may otherwise reasonably expect us to do so. Where appropriate, these disclosures are subject to privacy and confidentiality protections. The organisations and persons to which we usually disclose information include: outsourced service providers such as Patreon or PayPal; information technology service providers; installation, maintenance and repair service providers; our professional advisers, including our accountants, auditors and lawyers; government and regulatory authorities and other organisations, as required or authorised by law; and any media complaint bodies in the event of a complaint. How do we keep your personal information secure? We keep your personal information secure by having physical and electronic security systems, limiting who can access your personal information and training our staff to keep your information safe and secure. We also have online and network security systems in place so that the information that you provide us with is protected and secure. Your Rights Under the Privacy Act and subject to its terms, you are entitled to: access your personal information; and seek the correction of your personal information. If you wish to exercise any of the above rights or if you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website or contact our Privacy Officer at: Email: nat@indigenousx.com.au Post: [insert] If you do make a complaint or allege a breach, IX will investigate your complaint and use reasonable endeavours to respond to you in writing within 28 days of receiving the written complaint. If we fail to respond to your complaint within 28 days of receiving it in writing, or if you are dissatisfied with the response that you receive from us, you have the right to make a complaint to the Office of the Australian Information Commissioner. Changes to our privacy policy Due to the changing nature of providing informative and interesting content in a technological environment in addition to receiving support from our readers, we may need to review and revise our policies from time to time. We reserve the right to change this privacy policy at any time and to notify you by posting an updated version of the policy on our website. If at any point we decide to use personal information in a manner materially different from that stated at the time it was collected, we will notify users by email or via a prominent notice on our website and, where necessary, we will seek the prior consent of our users. Updated Spotify Terms and Conditions of Use Effective as of 13 February 2019 1 Introduction 2 Changes to the Agreements 3 Enjoying Spotify 4 Payments, cancellations, and cooling off 5 Using our service 6 Third Party Applications and Devices 7 User-Generated Content 8 Rights you grant us 9 User guidelines 10 Infringement and reporting User Content 11 Service limitations and modifications 12 Brand Accounts 13 Spotify Support Community 14 Customer support 15 Export control 16 Term and termination 17 Warranty disclaimer 18 Limitation 19 Third party rights 20 Entire agreement 21 Severability, waiver, and interpretation 22 Assignment 23 Indemnification 24 Choice of law, mandatory arbitration, and venue 25 Contact us Hello, and welcome to the Spotify Terms and Conditions of Use (“Terms”). The Terms you see below are important because they: Outline your legal rights on Spotify Explain the rights you give to us when you use Spotify Describe the rules everyone needs to follow when using Spotify Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully. We hope you’re sitting comfortably and listening to some great music. Here we go… 1 Introduction Thanks for choosing Spotify (“Spotify,” “we,” “us,” “our”). Spotify provides personalised services with social and interactive features for streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Spotify services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Spotify Service” or “Service”), or accessing any music, videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with the Spotify entity indicated in Section 25 (Contact us). Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Spotify’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Spotify Service or access any Content. In order to use the Spotify Service and access any Content, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to Spotify is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions: If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you. Country Age Requirements Andorra*, Argentina*, Australia, Austria*, Belgium, Bolivia*, Canada, Costa Rica*, Czech Republic, El Salvador*, Estonia, Finland, France*, Greece*, Guatemala*, Hong Kong, Iceland, Israel, Latvia, Luxembourg, Malaysia*, Mexico*, Monaco*, Nicaragua*, Norway*, Paraguay*, Poland*, Portugal*, South Africa, Spain*, Sweden, Switzerland, Turkey*, United Kingdom, Vietnam Must be 18 or older, or be 13 or older and have parent or guardian consent. Brazil Must be 18 or older, or be 16 or older and have parent or guardian consent. Bulgaria*, Colombia*, Chile, Hungary, Liechtenstein, Panama*, Peru, Romania Must be 18 or older, or be 14 or older and have parent or guardian consent. Denmark* Must be 18 or older, or be 15 or older and have parent or guardian consent. Cyprus* To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older. Dominican Republic, Ecuador, Ireland, Uruguay Must be 18 or older. Honduras* Must be 21 or older, or be 18 or older and have parent or guardian consent. Indonesia Must be 21 or older, or be 13 or older and have parent or guardian consent. Italy* To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent. Japan, Thailand Must be 20 or older, or be 13 or older and have parent or guardian consent. Lithuania To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older, or be 14 or older and have parent or guardian consent. Malta* To use the Free Service, must be 18 or older, or be 14 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older. Netherlands To use the Free Service, must be 16 or older. To register for a Paid Subscription, must be 18 or older, or be 13 or older and have parent or guardian consent. New Zealand To use the Free Service, must be 13 or older. To register for a Paid Subscription, must be 18 or older. Philippines* To use the Free Service, must be 18 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older. Singapore Must be 16 or older. Slovakia* Must be 16 or older, or be 13 or older and have parent or guardian consent. Taiwan Must be 21 or older, or be 13 or older and have parent or guardian consent. 2 Changes to the Agreements Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party. 3 Enjoying Spotify Here’s some information about all the ways you can enjoy Spotify. 3.1 Service Options You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Spotify account. Certain options are provided to you free-of-charge. The Spotify Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Spotify Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms. The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service. If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Spotify for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions. You may also purchase access to a Paid Subscription through a third party. In such cases, separate terms and conditions with such third party in addition to the Agreements may apply to your access to the Service. 3.2 Trials From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Spotify may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH SPOTIFY, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY. 4 Payments, cancellations, and cooling off 4.1 Billing You may purchase a Paid Subscription directly from Spotify or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Spotify Service for a specific time period (“Pre-Paid Period”). Spotify may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Spotify Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect. If you register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”) in accordance with the following: If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Spotify to automatically charge you the agreed price each month until you cancel the Paid Subscription. If you purchase a Paid Subscription with no Trial, you authorize Spotify to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Spotify Service during that period. 4.2 Renewal; Cancellation Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Spotify or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Spotify, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. If you purchased your Paid Subscription through Spotify and you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Spotify before the Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment. If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party. 5 Using our service The Spotify Service and the Content are the property of Spotify or Spotify's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Spotify Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Spotify. You promise and agree that you are using the Spotify Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Spotify Service or the Content. The Spotify software applications and the Content are not sold or transferred to you, and Spotify and its licensors retain ownership of all copies of the Spotify software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices (“Devices”). All Spotify trademarks, service marks, trade names, logos, domain names, and any other features of the Spotify brand (“Spotify Brand Features”) are the sole property of Spotify or its licensors. The Agreements do not grant you any rights to use any Spotify Brand Features whether for commercial or non-commercial use. You agree to abide by our User guidelines and not to use the Spotify Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Spotify grants no right, title, or interest to you in the Spotify Service or Content. Third party software (for example, open source software libraries) included in the Spotify Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website. 6 Third Party Applications and Devices The Spotify Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Spotify Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Spotify does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Spotify warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service. 7 User-Generated Content Spotify users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Spotify Support Community as well as any other part of the Spotify Service. You promise that, with respect to any User Content you post on Spotify, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Spotify as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Spotify or any artist, band, label, entity or individual without express written consent from Spotify or such individual or entity. Spotify may, but has no obligation to, monitor, review, or edit User Content. In all cases, Spotify reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Spotify’s sole discretion, violates the Agreements. Spotify may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. Spotify is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SPOTIFY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SPOTIFY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. 8 Rights you grant us In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Spotify Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Spotify Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Spotify’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Spotify (e.g. podcasts) may contain advertising as part of the Content. The Spotify Service makes such Content available to you unmodified. If you provide feedback, ideas, or suggestions to Spotify in connection with the Spotify Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Spotify to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content. You grant Spotify a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. 9 User guidelines Spotify respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Spotify stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever: copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Spotify Service or the Content, or otherwise making any use of the Spotify Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Spotify Service or the Content or any part of it; using the Spotify Service to import or copy any local files that you do not have the legal right to import or copy in this way; transferring copies of cached Content from an authorized Device to any other Device via any means; reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Spotify Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the Spotify Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the Spotify Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Spotify’s prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Spotify Service or the Content]; circumventing any technology used by Spotify, its licensors, or any third party to protect the Content or the Service; selling, renting, sublicensing, or leasing of any part of the Spotify Service or the Content; circumventing any territorial restrictions applied by Spotify or its licensors; artificially increasing play counts, follow counts, or otherwise manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means; removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content); circumventing or blocking advertisements in the Spotify Service, or creating or distributing tools designed to block advertisements in the Spotify Service providing your password to any other person or using any other person’s username and password; “crawling” the Spotify Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Spotify or the Spotify Service; selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or artificially promoting Content by automated means or otherwise. Please respect Spotify, the owners of the Content, and other users of the Spotify Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Spotify or a third party; includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; is intended to or does harass or bully other users; impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar; involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Spotify; links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Spotify; interferes with or in any way disrupts the Spotify Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Spotify’s computer systems, network, usage rules, or any of Spotify’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by Spotify. You acknowledge and agree that posting any User Content that violates these User guidelines (or that Spotify reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Spotify account. You also agree that Spotify may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements. Please be thoughtful about how you use the Spotify Service and what you share. The Spotify Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Spotify or across the web, so please use Spotify carefully and be mindful of your account settings. Spotify has no responsibility for your choices to post material on the Service. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible. 10 Infringement and reporting User Content Spotify respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Spotify’s copyright policy. If Spotify is notified by a copyright holder, using the forms provided by Spotify, that any Content infringes a copyright, Spotify may in its sole discretion remove such Content from the Service, or take other steps that Spotify deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Spotify with a request to restore the removed content, which Spotify may or may not honor, in Spotify’s sole discretion. If you believe that any Content does not comply with the User guidelines, please fill out our notice form. 11 Service limitations and modifications Spotify will make reasonable efforts to keep the Spotify Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Spotify reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Spotify Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons. Notwithstanding the foregoing, if you have prepaid fees to Spotify for Paid Subscriptions that Spotify permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Spotify will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Spotify will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Spotify and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law. 12 Brand Accounts If you establish a Spotify account on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements. A Brand may follow users, create, and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices. 13 Spotify Support Community The Spotify Support Community is a place for discussions and exchange of information, tips, and other materials related to the Spotify Service. By using the Spotify Support Community you agree to the Community Terms. 14 Customer support For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries. You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr. 15 Export control Spotify’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions. You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Spotify under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. 16 Term and termination The Agreements will continue to apply to you until terminated by either you or Spotify. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Spotify may terminate the Agreements or suspend your access to the Spotify Service at any time, including in the event of your actual or suspected unauthorised use of the Spotify Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Spotify terminate the Agreements, or if Spotify suspends your access to the Spotify Service, you agree that Spotify shall have no liability or responsibility to you, and Spotify will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Spotify account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination. 17 Warranty disclaimer YOU UNDERSTAND AND AGREE THAT THE SPOTIFY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SPOTIFY AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SPOTIFY NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPOTIFY SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SPOTIFY MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SPOTIFY SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SPOTIFY IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY. WHILE USING THE SPOTIFY SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING SPOTIFY’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 18 Limitation YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPOTIFY SERVICE IS TO UNINSTALL ANY SPOTIFY SOFTWARE AND TO STOP USING THE SPOTIFY SERVICE. YOU AGREE THAT SPOTIFY HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SPOTIFY SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SPOTIFY, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. IN NO EVENT WILL SPOTIFY, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR: (1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US, IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SPOTIFY SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPOTIFY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR (4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND SPOTIFY’S REASONABLE CONTROL. Nothing in the Agreements removes or limits Spotify’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE. 19 Third party rights You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Spotify, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person. If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Spotify only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. 20 Entire Agreement Other than as stated in this section or as explicitly agreed upon in writing between you and Spotify, the Agreements constitute all the terms and conditions agreed upon between you and Spotify and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that certain aspects of your use of the Spotify Service may be governed by additional agreements. That could include, for example, access to the Spotify Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Spotify’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail. 21 Severability, waiver, and interpretation Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Spotify or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spotify’s or the applicable third party beneficiary’s right to do so. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.” 22 Assignment Spotify may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Spotify may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party. 23 Indemnification You agree to indemnify and hold Spotify harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Spotify Service; and (4) your violation of any law or the rights of a third party. 24 Choice of law, mandatory arbitration and venue 24.1 Governing Law / Jurisdiction Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles. Further, you and Spotify agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.) Country Choice of Law Jurisdiction Andorra, Australia, Austria, Belgium, Czech Republic, Denmark, Finland, Greece, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Japan, Liechtenstein, Malaysia, Mexico, Netherlands, New Zealand, Poland, Romania, Singapore, South Africa, Sweden, Switzerland, Taiwan, Thailand, Vietnam Sweden Exclusive; Courts of Sweden Bulgaria, Cyprus, Estonia, France, Hong Kong, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Philippines, Portugal, Slovakia, Spain, Turkey Laws of Sweden Non-exclusive; Courts of Sweden Brazil Laws of Brazil Exclusive; State and Federal Courts of São Paulo, State of São Paulo, Brazil Canada Not applicable to residents of Quebec: Laws of the Province of Ontario Residents of Quebec: Laws of the Province of Quebec, Canada Not applicable to residents of Quebec: Exclusive other than for the purpose of enforcing judgements; Courts of Ontario, Canada Residents of Quebec: Courts of Quebec, Canada Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY United Kingdom Laws of England and Wales Exclusive; Courts of England and Wales in London, England 24.2 CLASS ACTION WAIVER WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Spotify agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 24.3 ARBITRATION If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 24.3. is enforceable, the following mandatory arbitration provisions apply to you: 24.3.1 Dispute resolution and arbitration You and Spotify agree that any dispute, claim, or controversy between you and Spotify arising in connection with or relating in any way to these Agreements or to your relationship with Spotify as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements. 24.3.2 Exceptions Notwithstanding clause 24.3.1 above, you and Spotify both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims. 24.3.3 Arbitration rules Either you or we may start arbitration proceedings. Any arbitration between you and Spotify will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of [the relevant state or country listed in clause 24.1], without regard to choice or conflicts of law principles. 24.3.4 Time for filing Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 24.3.5 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Spotify's address for Notice is: [Spotify, Attn: General Counsel, 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, New York 10007, USA]. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Spotify may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Spotify shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Spotify shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by Spotify in settlement of the dispute prior to the arbitrator’s award; or (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Spotify shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator. 24.3.6 Modifications In the event that Spotify makes any future change to this arbitration provision (other than a change to Spotify's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Spotify's address for Notice, in which case your account with Spotify shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive. 24.3.7 Enforceability If the class action waiver at Section 24.2 is found to be unenforceable in arbitration or if any part of this Section 24.3 is found to be invalid or unenforceable, then the entirety of this Section 24.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any action arising out of or related to the Agreements. 25 Contact us If you have any questions concerning the Spotify Service or the Agreements, please contact Spotify Customer Service by visiting the About Us section of our website. Thank you for reading our Terms. We hope you enjoy Spotify! Contracting entity: Spotify AB Regeringsgatan 19, SE-111 53 Stockholm Sweden SE556703748501 [Redacted] [Redacted] Trip.com Flight Ticket Booking Policies 1. Notes for Passengers 1.1 Passengers not suitable for flying 1.1.1 Passengers suffering from serious disease Passengers suffering from cardiovascular disease, cerebrovascular disease, respiratory disease, severe anemia, ear or nose disease, or severe trauma should not fly. Passengers who have had gastrointestinal surgery should not fly within 10 days of surgery. Passengers who have suffered from gastrointestinal bleeding should only fly three weeks after bleeding ceases Passengers suffering from infectious diseases cannot fly during the nationally stipulated isolation period. This includes passengers suffering from chickenpox. 1.1.2 Passengers suffering from mental illness Passengers who suffer from mental illnesses, including epilepsy, are unsuitable to fly. In special circumstances, if passengers are in control of the illness, they can consider flying after consulting a doctor. 1.2 Infants and pregnant women 1.2.1 Infants Infants aged between 14 days and 2 years are eligible to purchase infant tickets. Bookings for only infant tickets cannot be submitted online, they must be submitted together with an adult ticket. Infant tickets do not include a designated seat. For further information about bringing baby carriages/cradles etc. aboard, please contact the airlines directly. 1.2.2 Pregnant women There are certain restrictions for pregnant women flying. Please inform your doctor about your travel plans in advance, and obtain from them permission and a certificate proving suitability to fly. 1.3 The elderly Many airlines require passengers over a certain age to provide health certificates and to prove their physical condition meets the requirements for flying at the time of boarding. For more details, please contact the individual airline. 2. Flights and Pricing 2.1 Flights After you have selected a suitable ticket online, if there are any problems with your booking we will contact you by phone. 2.2 Pricing The total cost of a flight tickets consists of four parts: ticket fare, taxes, fuel surcharges and the Civil Aviation Development Fund. 2.2.1 Ticket fare: Fares vary according to airline, ticket class, change and refund conditions etc. 2.2.2 Taxes: Taxes will fluctuate according to the exchange rate on the day you purchase your ticket. 2.2.3 Fuel surcharge: Many airlines charge a fuel surcharge as a result of increasing fuel prices. In most circumstances, the exact amount is determined by the flight route. 2.2.4 Civil Aviation Development Fund: This is determined by the Civil Aviation Administration. 3. Booking Notes 3.1 Passenger’s basic information 3.1.1 Name and ID: It is vital that you submit correct passenger names and ID details when making a booking. Any difference in the names you submit when booking and the names printed on the passenger’s ID will result in the passenger being unable to board the plane. In this event, Trip.com will bear no responsibility. 3.1.2 Contact info: Please correctly and carefully enter your contact details and ensure that you remain contactable, so that we can contact you, and can inform you of any changes to your flight. If due to an error on your behalf we are unable to contact you and there is a change to you flight, Trip.com will bear no responsibility. 3.2 Our flight booking system will provide you with the appropriate price depending on the type of ID document you select. Students, immigrants, overseas laborers and children are also permitted to book regular tickets at the regular price. 3.2.1 Trip.com only provides flight information. If there are any changes or cancellations to flights customers should contact the airline directly for further information. As this is beyond our control, Trip.com will bear no responsibility. 3.3 Please check whether your visa complies with the relevant policies of your destination country and any transit countries. Failure to obtain the correct documentation may lead to you being being unable to complete entry and exit procedures. Please only purchase tickets after confirming this information. 4. Booking and Issuing Procedures 4.1 Confirmation 4.1.1 Confirmation will be provided via email. 4.1.2 Trip.com will include your flight number, dates, price, etc. in the confirmation email. 4.1.3 Passengers should ensure they provide correct phone and email contact information, and that they are contactable. If booking your tickets fails, Trip.com will contact you by phone. If we are unable to contact you via the details you provided, Trip.com bears no responsibility for any problems regarding confirmation, ticket issuing, etc. 4.2 Duplicate bookings Please do not provide submit duplicate bookings (e.g. booking two or more flights at the same for the same passenger). If submitting duplicate bookings causes multiple tickets to be issued, you assume full responsibility for any cancellation fees or other charges. 4.3 Cancellations Tickets can be cancelled by contacting us by phone, or by using the Trip.com website or mobile application. 4.4 Changes Changes to flight bookings can be made online. Alternatively, contact us by phone at 800-820-6666 (free call) or 10106666 (from mobile) for our assistance in making changes. 4.5 Service Providers Trip.com is qualified to provide an online platform where agencies can list their travel products and which can be queried by users. Our specific services such as ticket distribution are provided by qualified air ticket agencies. 5. Changes and Cancellation Tickets must be used in the designated sequence. 5.1 Cancellation 5.1.1 Completely used tickets: Cancellations can be made according to individual airline policies. Some airlines permit cancellation and will refund some or all of the cost, other airlines will not refund any money once tickets are issued. Please refer to the specific policies of your flight booking. 5.1.2 Partially used tickets: Cancellations can be made according to individual airline policies, and can usually be divided into two categories: a) Refund will be made by deducting the used segments and a cancellation fee, b) No refunds for partially used tickets (For China Eastern Airlines, special fare tickets can only be cancelled within the validity period). If you want to cancel a partially used ticket, please contact our customer service by phone. The result of the application will depend on the policies of the airline and your individual ticket. 5.1.3 Non-voluntary cancellation: According to individual airline policies. 5.2 Endorsement Discount airlines usually do not permit endorsement. For other airlines, full-priced tickets can usually be endorsed when the two airlines have an existing endorsement agreement. 5.3 Changes 5.3.1 Some changes will attract a fee whereas others will not. 5.3.2 For limitations regarding changes to departure and return flight segments, please consult the specific policies of your flight booking, as well as the airline regulations. 6. Boarding Time In most cases for domestic flights, passengers should arrive at the airport to handle check-in procedures 1-2 hours prior to departure. Check-in usually closes 45 minutes prior to departure. In most cases for international flights, passengers should arrive at the airport 2-3 hours prior to departure, and check-in closes 1 hour prior to departure. It is important to be aware that every airline has different regulations, for the exact details please confirm with the airline directly. In addition, some airports have special regulations or procedures. 7. Reconfirmation 7.1 What is reconfirmation? For passengers with seats booked on international flights with stopovers or round-trip flights, if you stay in the place you will board the plane for over 72 hours, your seat must be reconfirmed 72 hours prior to departure. Otherwise, your seat will be automatically cancelled. 7.2 Why is it required? Because passengers often want to remain in a destination for longer or change their itinerary before reaching their final destination during an international journey, in order for the airline to avoid monetary losses, airlines rules stipulate that seats must be reconfirmed. This allows the airline to confirm the sales situation, and to offer any remaining seats for sale. 8. Flight Ticket Usage Principles Please be aware that air tickets must be used in the designated sequence, otherwise, airlines have the right to refuse carriage. Trip.com would like to remind all passengers that according to the China Civil Aviation Passenger and Baggage International Transport Regulations (issued by the Civil Aviation Administration of China on April 1, 1998), all tickets must be used in the sequence set out in the itinerary, otherwise airlines have the right to refuse carriage. 9. Applications for Special Meals and Service Normally, any special meals or services need to applied for at least 3 days in advance. If required, please specify at the time of booking. Trip.com will pass your requests along to the airline, but customers should check directly with the airline to find out the outcome of their request. 10. Flight Data and Aircraft Changes Trip.com’s flight data is provided by the China Civil Aviation Information Network Co. Ltd. (TravelSky Technology Ltd.). Since airlines make temporary adjustments to flight times and aircraft, all information is provided for reference only. Trip.com does not provide any guarantees as to the accuracy of this data. Regulations on Passengers Carrying Lithium Batteries and Dangerous Goods July 6,2015 I. Regulations on Lithium Batteries in Luggage In order to improve safety in regards to the transportation of lithium batteries, the eastern China branch of the Civil Aviation Administration of China (CAA) has requested the implementation of the following regulations, in accordance with the Technical Rules for Safe Air Transport of Dangerous Goods. Devices containing lithium batteries (e.g. watches, calculators, cameras, cell phones and laptops) and spare lithium batteries for personal use may be carried in carry-on baggage if the following requirements are met: a) Lithium content must not exceed 2 g. b) Watt-hour rating must not exceed 100Wh. Lithium batteries with a watt-hour (Wh) rating of more than 100Wh but not exceeding 160Wh may be transported by air only with the airline’s approval. Lithium batteries exceeding 160Wh are strictly prohibited. Lithium batteries must be individually protected in order to prevent short circuiting and may be stored in the original retail packaging or by insulating terminals (e.g. taping exposed terminals or placing each battery in a separate plastic bag or protective pouch). They can only be carried as hand luggage. A maximum of two lithium batteries with a watt-hour rating of more than 100Wh but not exceeding 160Wh may be transported by air only with the approval of the airline. During the flight, devices with an on/off switch should remain off throughout the entire journey. Charging devices with a portable power source is not permitted. Any other features of the portable power device should also not be used. Passengers using battery powered wheelchairs or mobility devices for medical purposes which contain lithium or other kinds of batteries, should ensure accordance with Technical Rules for Safe Air Transport of Dangerous Goods and should obtain permission from the airline. Appendix: Safe Transport of Lithium Batteries 1) Permitted Lithium Batteries Devices containing lithium batteries not exceeding 100Wh (e.g. watches, calculators, cameras, mobile phones and laptops) and spare lithium batteries for personal use may be carried in carry-on baggage. Generally speaking, the rated capacity of lithium batteries in mobile phones is 3-10Wh, SLR cameras 10-20Wh, camcorders 20-40Wh, and laptops 30-100Wh. In the vast majority of times, these handheld electronic devices will not exceed 100Wh. 2) Portable power banks with a rated capacity between 100Wh and 160Wh can only be taken as carry-on with the airline’s permission, they cannot be taken as checked baggage. Please be aware that the batteries in film equipment, performance props, medical equipment, power tools etc. are likely to exceed 100Wh. 3) Lithium batteries with a rated capacity of over 160Wh are strictly prohibited. 4) Lithium batteries must be individually protected in order to prevent short circuiting and may be stored in the original retail packaging or by insulating terminals (e.g. taping exposed terminals or placing each battery in a separate plastic bag or a protective pouch). 5) If the battery doesn’t have a specific rated capacity indicated on the item itself (in Wh), its capacity will be calculated according to the following method: If the battery’s voltage (V) and amp-hours (Ah) are indicated on the item itself, the rated capacity can be calculated according to the following formula: Wh = V x Ah. If the battery only indicates the amperage in milliamp hours (mAh), this number can be divided by 1000 to get the amperage hours (Ah). For example: If on the battery the voltage is indicated as 3.7V and the milliamp-hours as 760mAh, the rated capacity can be determined like so: 760mAh ÷ 1000 = 0.76Ah 3.7 × 0.76Ah = 2.9Wh II. Regulations on Portable Power Banks The main use of portable power banks is to provide an external, mobile power source for electronic items such as mobile phones, usually in the form of a lithium battery. According to the Technical Rules for Safe Air Transport of Dangerous Goods and China Civil Aviation Dangerous Goods Transportation Provisions, passengers carrying portable power banks must abide by the following regulations: Portable power banks must be for personal use only. Portable power banks can only be carried on-person or in hand baggage. Portable power banks in checked baggage are strictly prohibited. Portable power banks with a rated capacity not exceeding 100Wh can be carried without the airline’s permission. Portable power banks with a rated capacity between 100Wh and 160Wh can only be carried with the airline’s permission. Each customer can carry a maximum of two portable power banks. Portable power banks with a rated capacity of over 160Wh are strictly prohibited. It is also prohibited to carry portable power banks with no marked rated capacity, or no easy way to determine it. It is prohibited to use a portable power bank to charge an electronic device while flying. Portable power banks which have an on/off switch should remain off for the entire flight. The above provisions are also applicable to members of the flight crew. This announcement shall come into force on the date of publishing. Appendix: Portable Power Bank Rated Capacity Calculation Method Method for determining rated capacity If your portable power bank doesn’t have a specific rated capacity indicated on the item itself (in Wh), its capacity will be calculated according to the following method: If the portable power bank’s voltage (V) and amp-hours (Ah) are indicated on the item itself, the rated capacity can be calculated according to the following formula: Wh = V x Ah. If the portable power bank only indicates the amperage in milliamp-hours (mAh), this number can be divided by 1000 to get the amperage hours (Ah). For example: On the portable power bank the voltage is indicated as 3.7V and the milliamp hours as 760 mAh, the rated capacity can be determined like so: 760 mAh ÷ 1000 = 0.76Ah 3.7 × 0.76Ah = 2.9Wh For regulation regarding carrying dangerous or potentially dangerous goods, please consult with the airline or customer service staff at the airport. Alcohol, liquid everyday use products, lithium batteries for personal use and spare lithium batteries can only be carried in accordance with the relevant provisions of the Civil Aviation Administration of China (CAAC). Notice Regarding Passengers Carrying Lithium Battery Powered Small Transportation Devices As these devices pose an inherit fire risk, in order to ensure flight safety, they are prohibited from being both taken aboard and from being taken as checked baggage. Small transportation devices powered by lithium batteries which have 1 or 2 wheels for movement, include but are not limited to: single-wheeled devices, electronic skateboards, intelligent scooters and Segways. Trip.com Privacy Policy The Acknowledgment and Acceptance of the Privacy Policy Collection of Information Use of Information Sharing, Transfer and Public Disclosure of Information Storage and Cross-border Transmission of Information Use of Cookie Reminders of Sensitive Personal Information Information Security and Protection Handling of Information Security Issues Protection of Minors’ Information Management of User’s Personal Information Accessing Our Website from Outside the China Mainland Scope of Application of this Privacy Policy Modification of Privacy Policy Governing Law Published on: Sept. 21, 2017 Welcome to www.trip.com! We would like to warmly remind you that Trip.com website is operated by Ctrip.com (Hong Kong) Limited and products and services made available on the website are from qualified service providers. If any user accesses, orders or uses Trip.com products or services (hereinafter collectively referred to as “Services”) on this website, websites of Trip.com’s affiliates or other mobile Apps or software of Trip.com (hereinafter collectively referred to as “Trip.com Website”), it shall be such user’s acceptance of the following Privacy Policy. Please carefully read the following terms, especially the parts in bold font. If you disagree with any of the following terms, you should immediately stop visiting/using this website or any other mobile APP or software. “Trip.com” and “we (us)” mentioned in this Privacy Policy shall mean Trip.com Website while “user and “you” shall mean a user that voluntarily accepts this Privacy Policy. 1. The Acknowledgment and Acceptance of the Privacy Policy Respect for user’s privacy is a basic policy of Trip.com. Trip.com Website collects travel services information offered by qualified hotels, air ticket agencies and travel agencies on Trip.com Website for users to search, and helps users to contact the aforesaid hotels, air ticket agencies and travel agencies and book the relevant travel services. By completing the registration process and clicking on the “Complete Registration” button, a user is deemed to have clearly understood facts listed in this Privacy Policy, reached an agreement with Ctrip.com (Hong Kong) Limited and accepted all terms of service. We pay great attention to protect the user’s personal information and privacy. We understand that you provide information to us on the website out of your trust in us. We value greatly your trust, know that privacy is important to you and will do our best to protect your privacy. If you have any question or suggestion about our privacy policy, please contact us at privacy@Trip.com. 2. Collection of Information In order to better serve you, Trip.com will follow the principles of “reasonableness, relevance and necessity”, will collect information only with your consent and will not collect information prohibited by laws and regulations. Given the importance of Trip.com’s membership services, you shall agree that Trip.com will collect all information you enter on Trip.com Website or information provided to us otherwise: You need to enter your name, gender, birthday, mobile number, email and other information to register for membership. You should timely update your personal profile with detailed and accurate information. When booking air or train tickets, you need to provide passenger’s name, gender, ID document number and the contact person’s name, mobile number, email and delivery address and other information. When booking hotels and entrance tickets for tourist attractions, you need to provide the guests’ name, contact person’s name, mobile number and email etc. When paying for products ordered, you need to provide your bank card number, the mobile number previously arranged with the bank, or your credit card number, cardholder name, expiry date etc. We may also need you to provide your personal information so we may know your travel plans, styles and preferences, including your meal requirements, departure/check-in&check-out time, seat choice, ticket choice, insurance choice and other services (such as travel, car services, entrance tickets and travel guides etc.) provided by Trip.com. You can book for others through Trip.com but you should provide personal information of the passenger. Before providing us with the personal information of the passenger, you must make sure that you have obtained the passenger’s consent and that he/she has been aware of and accepted this Privacy Policy. We will automatically collect your personal information during your use of Trip.com services: Log information, which refers to information that the system may automatically collect through cookies, web beacon or other channels when you use our services, including: Device information or software information, such as your IP address, version and device identifier (IDFA / IMEI) of the mobile device your use, and configurations of the web browser or mobile device you use to access our services. Information that is searched or browsed when you use our services, such as web pages used or terms searched and pages visited through APP, as well as other information browsed or provided when using our services. Information contained in the content you share through our services, such as the shared photo taken or uploaded, or comments, and dates and times etc. Location information, which means your location information we collect when you turn on your device’s Location feature and use our location-based services, such as your geographical position information collected via GPS or WIFI, or your address information contained in the account information you provide to us, or shared information uploaded by you or others showing your current or previous location. You can turn off the Location feature to prevent us from collecting your location information. We will obtain your information from affiliates and business partners. For example, when you make booking or reservations through website of our affiliates, business partners and their mobile APPs, your booking or reservation information with them might by forwarded to us so that we can process your order and ensure your booking success. For another example, we allow you to log into Trip.com with your social media account, and with your consent (you make authorization to the social platform), your personal information will be shared with us through the social platform. 3. Use of Information Trip.com will generally collect and use your personal information for the following purposes: Providing services to you: We will use your personal data to complete and manage your online booking. In addition, we will provide you with related products and services through affiliates, business partners and third parties. Account management: You can create a Trip.com account and we will use the information you provide to manage your account and provide you with practical features. You can use your account for various operations, such as managing orders, adjusting personal settings, adding frequently used passengers, checking historical orders, evaluating orders and managing payments etc. Responding to your inquiries and requests: We provide 7/24 customer services in multiple languages to offer help when you need it. Marketing activities: We will also use your personal information for legitimate marketing purposes, such as sending you the latest news on travel products or services, providing personalized recommendations and information of other promotional activities that may interest you. Contacting you: Responding to and dealing with your questions or requests, sending order-related messages (such as message of successful order submission, messages reminding you to continue unfinished orders etc.). We may also send you a questionnaire or invite you to feed back on our services etc. Market research: We will sometimes invite you to participate in a market research to measure your interest in our products, services and websites. Improving service security and reliability: We may detect and prevent fraud and illegal activities and use your personal data for risk assessment and security purposes. Data analysis: We may use your personal data for analysis so that we can get to know your location, your preferences and demographic information, or match with the data obtained from other sources (including third parties), so to develop our products and services or marketing plans and to improve our services. Daily operations: including but not limited to order management, customer verification, technical support, network maintenance, troubleshooting, internal administrative affairs, internal policies and procedures, and producing internal reports. Phone monitoring: Your phone conversation with our customer service staff, both answering our call and calling us, may be recorded. We may rely on the recording to monitor the quality of customer service, check the accuracy of the information you provide to prevent fraud, or serve the purpose of internal staff training. The recordings will be automatically deleted after a period of time, unless they are retained due to compliance requirements or protection of legal interests. Fulfilling obligations: Dealing with insurance claims and payments that occur under relevant policies, processing commissions paid to partners or claiming for loss caused by service partners or recovering payments made etc. Legal purposes: We may need to use your information to handle and settle legal disputes, or to abide by any laws and regulations or provisions of documents issued by regulatory authorities that are binding on us, so to cooperate with the investigation by national departments or regulatory authorities and comply with laws and regulations. Also, we may collect, use and disclose your personal information for other purposes and will inform you by revising this statement. While enjoying the services provided by Trip.com, you shall also authorize Trip.com to and agree that Trip.com can send business information to your email, mobile phone and mailing address, including but not limited to the latest Trip.com product information, promotional information etc. If you choose not to accept Trip.com’s all kinds of information services, you can reject them by making settings as guided by Trip.com. You are fully aware that we can use your personal information without our authorization and consent in the following circumstances: When relating to national security and national defense security; When relating to public safety, public health, and significant public interests; When relating to crime investigation, prosecution, trial and execution of judgment; When we need to use user’s personal information to protect the personal safety, property and other major legitimate rights and interests of individual users or others but it’s difficult to obtain the user’s consent; The personal information collected is made open to the public by the relevant individual user himself/herself; Personal information about you is collected from legally and publicly disclosed information, such as from legal news reports, information disclosure by governments and other channels; When use of your personal information is necessary for contract signing based on your requests; When use of your personal information is necessary to maintain the safe and stable operation of the supplied products and/or services, such as the detection and disposal of defects in products and/or services; When use of your personal information is required for legitimate news reporting; When use of your personal information is necessary for academic research institutions to conduct statistical or academic researches for public interest, and the institutions have de-identified personal information included when publishing the results of academic researches or descriptions; Other circumstances prescribed by laws and regulations. Sharing, Transfer and Public Disclosure of Information We may share your order information, account information, device information and location information with third parties such as partners to ensure successful provision of services to you. We will only share your personal information for legal, legitimate, necessary, specific and explicit purposes, and will only share the personal information necessary for the provision of the services. Our partners include the following types (including Chinese and overseas entities): Providers: including but not limited to hotels, airlines, cruises, car rental agencies, travel agencies, scenic spots and event providers and agents that meet your booking needs. These providers may contact you as needed to provide you with travel products or services. Financial institutions and third-party payment agencies: When you book an order, apply for a refund and purchase insurances, we will share the relevant order information with the financial institution or the third-party payment institution, and as we believe it’s necessary for fraud detection and prevention, we will further share other necessary information, such as IP address, with the relevant financial institutions. Business partners: We may work with partners to provide products or services for you, including courier business, communications services, customer services, marketing and advertising etc. Affiliates: We may share your personal information with our affiliates so that we can provide you with information about travel-related or other products and services. The affiliates will take protection measures for your personal information that are no less stringent than this Privacy Policy. We will sign strict confidentiality agreements with companies and organizations with which we share user’s personal information, requiring them to handle personal information in accordance with this Privacy Policy and our other related confidentiality and security measures. Our partners are not entitled to use the shared personal information for any other purpose. In case of need to change the purpose for which your personal information is to be used, we will ask again for your authorization and consent. Transfer of Information We will not transfer your personal information to any company, organization and individual except in the following cases: We have obtained your express consent or authorization in advance; Transfer of information is required by applicable laws and regulations, legal procedures, mandatory administrative or judicial requirements; When transfer of personal information is involved in mergers, acquisitions, transfer of assets or similar transactions, we will require the new company or organization that holds your personal information to be continue to be bound by this Privacy Policy; otherwise, we will require that company or organization to ask for your authorization and consent. Public Disclosure We will only disclose your personal information in the following circumstances: Disclosure of your designated personal information based on your needs in manners you expressly approved; In circumstances where your personal information must be disclosed as required by laws and regulations, mandatory administrative or judicial requirements, we might publicly disclose your personal information in accordance with the type of personal information required and the disclosure manner specified. Subject to laws and regulations, we will require the application party to provide the respective and relevant legal documents, such as summons or investigation letters when we receive the above requests for disclosure of information. Storage and Cross-border Transmission of Information Your personal information will be kept for 3 months since the day of account cancellation, unless the retention period needs to be extended, or the extended retention is approved by laws or competent authorities or is required for competent authorities’ investigations. If we stop the operation of Trip.com products or services, we will promptly stop the collection of your personal information, will notify you of the operation termination by sending a notice to each of you or posting an announcement, and will delete or de-identify the personal information we hold. Personal information collected and produced by us in the territory of the People's Republic of China will be stored in China, with the following exceptions: Circumstances expressly defined by laws and regulations; Your express authorization has been obtained; Your personal free-will actions such as conducting cross-border transactions online. Use of Cookie A cookie is a text file that a web server puts on your device to help you invoke information when you access the web site. It will facilitate the process of recording the personal information you filled out. You have the right to accept or reject cookies and may change your browser’s settings to reject cookies if they are automatically accepted by the browser. Please note that if you choose to reject cookies, you may not be able to fully enjoy the services provided by Trip.com. Reminders of Sensitive Personal Information Some special personal information, such as your race, religion, health conditions and medical information etc. may be considered as sensitive personal information. All such sensitive personal information will be strictly protected. The Trip.com Privacy Policy hereby reminds you that the content and information you upload or post when using the products and services provided by Trip.com may disclose your sensitive personal information. Therefore, you need to consider carefully before you decide to use our products or services. You agree that the sensitive personal information will be processed in accordance with the purposes and manners stated in this Trip.com Privacy Policy. Therefore, you need to consider carefully before you decide to use our products or services. You agree that the sensitive personal information will be processed in accordance with the purposes and manners stated in this Trip.com Privacy Policy. Information Security and Protection Trip.com attaches great importance to information security and has set up a dedicated team for this. We strive to protect your personal information and have taken appropriate management, technical and physical security measures. With reference to domestic and international information security standards and best practices, we have established an information security guarantee system in line with business development, have passed ISO27001 information security management standard certification and the PCI-DSS (Payment Card Industry Data Security Standard) certification. We have from the point of view of the data life cycle, established security measures for all links including data collection, storage, display, processing, use, and destruction. We take different control measures according to the level of information sensitivity, including but not limited to access control, SSL encryption transmission, AES256bit or higher level encryption algorithms for encrypted storage, masking of the sensitive information to be displayed etc. Notwithstanding the foregoing security measures, please also understand that there are no such “perfect security measures”for the internet. We will rely on currently available technologies and take appropriate security measures to protect your information. We will offer reasonable security guarantees and will do our best to keep your information from being leaked, damaged or lost. Your account has in-built security features. You are advised to properly safe keep your account and password and do not disclose your password to any person. If you find leakage of your personal information, especially leakage of your account and password, please contact our customer service staff immediately, so that we can take appropriate measures. Please timely save or back up your text, pictures and other information. You shall understand and accept that the system and communication network you use to access our services may go wrong due to factors out of our control. Handling of Information Security Issues In the event of personal information security incidents, we will inform you in accordance with the requirements of laws and regulations of: basic information of the security incident and its possible influences, measures we have taken or will take, suggestions for you to take preventive measures and lower risks, as wells remedies we provide for you etc. We will keep you updated on the incident via emails, letters, over the phone, or via push notifications. When it’s impossible to notify individual users one by one, we will make announcements in a reasonable and effective way. At the same time, we will report the disposal of personal information security incidents in accordance with requirements of regulatory organs. Protection of Minors’Information Trip.com attaches great importance to the protection of personal information of minors. If you are a minor under 18 years of age, you shall obtain the written consent of your parent or legal guardian before using Trip.com's services. Management of User’s Personal Information You can log into “My Trip.com” at any time and go to “My Profile” and “Commonly Used Information” to view, change and delete your account information, modify your personal information, privacy settings, and security settings, change the shipping address and other personal data you provided when using Trip.com services. In case of any questions, you can contact Trip.com’s Service Center at service@Trip.com. You can cancel your Trip.com account by the method below: Call the customer service line (400-830-6666 for domestic users) noted on Trip.com’s official website, follow the voice instruction to link to a customer service specialist that will help you cancel your account after a verification process. After the cancellation, all information in your account will be cleared out and we will no longer collect, use or share any personal information related to this account, provided that we will still retain the previously collected information for the period as required by the regulatory authorities and the competent authorities shall still have the right to access such information during this period. Accessing Our Website from places Outside the Mainland China If you visit our website from places outside the Mainland China, please note that your information may be sent to, stored in and will be processed in Mainland China. The data protection laws and other laws in Mainland China may differ from those in your country/region, but please be reassured that we will take proper measures to protect your information. By choosing our services, you understand and agree that your information may be sent to our website and third parties with whom we share information as mentioned in this Privacy Policy. Scope of Application of this Privacy Policy Except for some specific services, this Trip.com Privacy Policy shall apply to all our services. Those specific services will be governed by specific privacy policies which shall constitute part of the Trip.com Privacy Policy. If the specific privacy policies are inconsistent with the Trip.com Privacy Policy, the specific privacy policies shall prevail. Please note that the Trip.com Privacy Policy does not apply to the following: information collected from third-party services (including any third-party website) accessed through our services; information collected by other companies and agencies that advertise with the use of our services. Modification of Privacy Policy Trip.com will modify the Privacy Policy when necessary. Please understand that we may revise this Privacy Policy at times as we consider appropriate. We will note the date of the latest update of this Privacy Policy and the update will take effect when it’s published. Without your express consent, Trip.com will not reduce your rights entitled to under this Privacy Policy. Trip.com will prominently post major changes made (For example, for changes concerning certain services, we will inform you via email of the specific changes in the Privacy Policy). Therefore, you should review this Privacy Policy periodically to keep up with our most current policies. Governing Law The Privacy Policy shall be consistent with Chinese laws including its rules of conflicts. Both the user and Ctrip.com (Hong Kong) Limited agree to the jurisdiction of the court. If any term of this Privacy Policy conflicts with laws, such term shall be reinterpreted in a manner as closely as possible to the respective laws, while the rest terms shall remain the legal effect and impact on users. Both parties agree that any dispute arising from the interpretation of this Privacy Policy and the user’s ordering of any product on Trip.com Website shall be submitted to Shanghai Changning District People’s Court for dispute resolution. tApp Privacy Consent I, the applicant, understand and agree that the information entered onto the TRA database will be delivered through the TRA website to any agency I am applying to or may apply to for rental of property for examination and evaluation of such application for identification of me. I also state that the TRA Disclosure, Drivers Licence, Passport and Photo ID attached to this document belong to me as do the signatures. I understand that all search results and logins are monitored within an internal auditing system and are date-time stamped together with my IP address and account details. Any misuse of the TRA facilities can be traced to my point of access origin and may lead to civil action or criminal prosecution for serious offences. I acknowledge and agree that information provided to TRA and/or the agent by these authorities given by me be disclosed to: a) Real Estate Agents, Landlords, Trades persons, Emergency Contacts, Employers past, present or prospective, Referees, Housing New South Wales, Compass Housing, to assist them in evaluating applications which may be made by me to any of these parties, for the purpose of managing any property and my requirements as tenant/s during my tenancy of any property owned or managed by any of those parties and b) Real Estate Agents, Landlords, Banks, Utility companies, Commercial Agents, organisations or any other members for any lawful purpose and c) third parties with which TRA has entered into any co-operation, partnering, licensing or similar agreement for the purpose of allowing those parties to offer their products and services to me and I hereby consent to such use and disclosure of that information for those purposes. Should any such party transfer its business to another person, I consent to the new person (and any further person to whom that business may be transferred) taking any step which the former party could have taken. To the extent permitted by law I agree that TRA will not be liable to me for any misuse of my information by any party to whom my information is disclosed in accordance with the these authorities and release TRA from any such liability. I acknowledge that the information entered by me onto the TRA database and disclosed by TRA in accordance with these authorities given by me for such time as TRA shall be entitled by law to hold such information on its database. RMIT University Casual Employment Contract Date: 13 February 2019 PARTIES Royal Melbourne Institute of Technology ABN 49 781 030 034 of 124 La Trobe Street, Melbourne, Victoria (“RMIT”) AND Henry Howard of 65 Victoria Street Brunswick East VIC 3057 (“Employee”) RECITALS: A. The Employee has agreed to enter into a casual employment relationship with RMIT on the terms outlined in this agreement THE PARTIES AGREE: 1. POSITION 1.1. The employment will be on a casual basis, as required. 1.2. Each occasion that the Employee works will be a separate contract of employment which ceases at the end of that engagement. 1.3. As an Employee, there is no guarantee of ongoing or regular work. 1.4. As an Employee you will be required to perform the duties of the role specified in Schedule 1 ITEM 1. On each occasion that the Employee works the Employee will be required to perform these duties and any others duties RMIT may assign, having regard to the Employee’s skills, training and experience. 1.5. The Employee will be required to perform duties at the location specified in Schedule 1 ITEM 9, or elsewhere as reasonably directed by RMIT. 2. TERMS AND CONDITIONS OF EMPLOYMENT 2.1. Unless more generous provisions are provided in this agreement or Schedule 1, the terms and conditions of the employment will be those set out in the Industrial Instrument located at Schedule 1 ITEM 12 and applicable legislation. This includes, but is not limited to, the National Employment Standards in the Fair Work Act 2009. No other applicable legislative instruments are incorporated into this contract of employment. 2.2. The employment may be terminated by either party at any time by the provision of one hours’ notice. 3. REMUNERATION 3.1. The Employee will be paid at the rate set out in Schedule 1 ITEM 11. The rate set out in Schedule 1 ITEM 11 may be subject to change based on the applicable rates, and duties performed, as specified in the relevant Industrial Instrument at Schedule 1 ITEM 12. 3.2. The Employee will be paid fortnightly to the bank account nominated by the Employee. 3.3. RMIT will also make superannuation payments on behalf of the Employee in accordance with the Superannuation Guarantee (Administration) Act 1992. 4. GENERAL OBLIGATIONS TO RMIT 4.1. The Employee will be required to: a) perform all duties to the best of the Employee’s ability at all times; b) use the Employee’s best endeavours to promote and protect the interests of RMIT; and c) follow all reasonable and lawful directions given to the Employee by RMIT, including complying with policies and procedures as amended from time to time. These policies and procedures are not incorporated into this contract of employment. 5. WARRANTIES 5.1. The Employee warrants that the Employee: a) holds the qualifications and has the experience detailed in their resume and any other data provided by them. b) is capable of performing the duties for which the Employee may be engaged; c) will comply with RMIT University’s Code of Conduct; d) is eligible to work in Australia and can provide upon request a copy of acceptable proof; e) will obtain and provide to RMIT a copy of the working with children check under the Working With Children Act 2005 (Vic) as required; f) will obtain and provide to RMIT a copy of the National Police Certificate as required; g) is not the subject of a current investigation, inquiry, legal matter or any disciplinary action by a relevant governing body that would affect the Employee’s ability to perform the duties’ h) will notify RMIT of any material changes to any checks, professional memberships, certificates and/or qualifications that may impact the warranties provided in 21 to 27 above. 5.2. The Employee acknowledges and accepts that RMIT has relied on representations and statements made by the Employee. RMIT may in its absolute discretion terminate the engagement of the Employee if any of these representations or statements are false. 6. INTELLECTUAL PROPERTY 6.1. The Employee acknowledges and agrees that all existing and future rights to: a) industrial; and b) intellectual property (including Confidential Information, copyright, patents, trademarks, designs, business and domain and any application for registration, renewals and extensions) (‘Intellectual Property’) created or produced by the Employee in carrying out the duties or with the use of RMIT facilities or resources which in any way relates to research undertaken at RMIT, research undertaken using RMIT's facilities and/or resources and tools, techniques and other matters relating to how RMIT performs its functions (the ‘RMIT Intellectual Property’) vests in RMIT immediately upon its creation or production, and the Employee agrees to assign to RMIT all existing and future RMIT Intellectual Property. 6.2. The Employee must: a) notify and fully disclose any RMIT Intellectual Property which the Employee produces in the course of their employment that could be of value to RMIT; and b) assist RMIT in any proceedings or claims to protect its Intellectual Property. 7. CONFIDENTIALITY By accepting this offer, the Employee acknowledges and agrees that the Employee will not, during the course of their employment or thereafter, except with the consent of RMIT, as required by law or in the performance of the Employee’s duties, use or disclose confidential information relating to the business of RMIT. 8. ENTIRE AGREEMENT 8.1. The terms and conditions referred to in this agreement constitute all of the terms and conditions of employment and replace any prior understanding or agreement between the Employee and RMIT. 8.2. The terms and conditions referred to in this agreement may only be varied by a written agreement signed by both parties. — Schedule 1 DETAILS OF CASUAL EMPLOYMENT SERVICES Item 1 Position Title College/School Portfolio/Department CS Research Officer: Henry Howard Science, Engineering and Health School of Engineering Item 2 Classification Casual Item 3 Sector Academic Item 4 Cost Centre Code RE-03417-101 Item 5 Program Code / Course Code (if applicable) As per school email Item 6 Indicative Work Hours To Be Confirmed Item 7 Start Date 20 July 2018 Item 8 Indicative End Date 31 December 2018 Item 9 Location(s) Melbourne CBD Item 10 Contact person (Name and Title) Engineering Casual Recruitment Item 11 Salary Schedule Please refer to this page Item 12 Industrial Instrument RMIT University Enterprise Agreement 2018 Item 13 Superannuation RMIT will contribute to your Superannuation fund as indicated by the Enterprise Agreement/Award Please find below links to relevant information statements applicable to your employment with RMIT: Link to: Fair Work Information Link to: Information on Casual Work at RMIT RMIT Code of Conduct Defines how RMIT’s values are demonstrated in the day-to-day activities of the University What is it? The Code of Conduct for Staff provides definition on how RMIT’s values are demonstrated in the day-to-day activities of the University. The Code outlines the expected standards of behaviour and how members of the RMIT staff community are to conduct their duties while representing RMIT and working towards achieving the goals of the University. All standards contained in this Code are in addition to the general obligations imposed on staff members including implied duties such as the duty of fidelity and to act in good faith. Who is it for? The Code applies to all staff, contractors, agency staff, honorary and visiting appointments and other personnel involved with the University. Other members of the University community who are covered by this Code include members of University committees, the Council and its committees. The Code does not apply to staff employed by RMIT subsidiaries and offshore partner institutions of RMIT. Principles Collapse all sections 1. Respecting others 1.1. When working with others, staff are expected to treat students, other staff and members of the community with respect for their rights and obligations by: 1.1.1. Being courteous, honest and fair when dealing with others and when making decisions. 1.1.2. Treating all people justly, irrespective of gender, sexual orientation, race, disability, religion, marital status, age, political conviction or other attributes. 1.1.3. Acting in ways that support the reputation of staff, students, clients or partners of the University. 1.1.4. Protecting the privacy of others and maintaining appropriate confidentiality regarding personal and commercial matters. 1.1.5. Respecting cultural backgrounds of staff, students, clients and partners and conducting activities sensitive to the cultural context in which staff are representing RMIT. 1.1.6. Avoiding behaviour which might reasonably be perceived as harassment, discrimination, bullying or intimidation. 2. Behaving professionally 2.1. Staff are expected to carry out their work duties in a professional and conscientious manner at all times by: 2.1.1. Behaving in accordance with RMIT’s values. 2.1.2. Behaving in accordance with relevant University policies, contractual obligations or agreements and legislation, 2.1.3. Behaving ethically and taking action to prevent unethical practices. 2.1.4. Maintaining confidentiality of RMIT information which the reasonable person would consider confidential. 2.1.5. Seeking to attain the highest possible standards of performance and providing accurate, timely and useful information to colleagues and students. 2.1.6. Ensuring any public comments made in the University’s name are authorised and in accordance with RMIT’s Brand and engagement policy. 2.1.7. Responsibly controlling the use of substances that could adversely affect behaviour or performance in line with RMIT’s Health, safety and wellbeing policy. 2.1.8. Reporting fraud or corrupt conduct to appropriate internal or external authorities 2.1.9. Dressing and maintaining an appearance in accordance with standards appropriate to the duties undertaken and the responsibilities held. 2.1.10. Conducting activities in a manner that supports health, safety and wellbeing for all affected members of the RMIT community. 2.1.11. Refraining from acting in any way that would unfairly harm the reputation of the University. 3. Avoiding conflict of interest 3.1. Staff must take reasonable steps to avoid any actual or potential conflict of interest and act in the best interests of the University including, but not limited to by: 3.1.1. Performing their duties primarily in the interests of the University’s mission and strategic directions. 3.1.2. Disclosing actual or potential conflict of interest and withdrawing themselves immediately from the situation giving rise to the conflict. 3.1.3. Not misusing the influence of their position to pursue personal, sexual or financial relationships with other staff, students or members of the community. 3.1.4. Not accepting gifts which go beyond common courtesies consistent with ethical and accepted business practices, or which could be considered bribes. 3.1.5. Declaring private paid outside work, including directorships and board memberships in line with RMIT’s Conflict of interest policy process. 4. Using University resources 4.1. Staff are expected to use all University facilities, equipment and processes efficiently, carefully and in a proper manner by: 4.1.1. Using University resources economically and securing resources against theft, damage, or misuse. 4.1.2. Being green in the workplace: pursuing the principles of sustainability and understanding the impacts and opportunities of their work. 4.1.3. Not using University resources for personal purposes unless permission has been granted in accordance with relevant University policy. 5. Recognising intellectual freedom 5.1. Staff have a general right to intellectual freedom of enquiry and expression. This applies to areas of intellectual life over which the academic can demonstrate that they possess a level of expertise. In particular, staff should: 5.1.1. Act responsibly with respect for the intellectual property rights of others. 5.1.2. Exercise intellectual freedom in a manner consistent with a responsible and honest search for and dissemination of knowledge. 5.1.3. Support the role of the University as a place of independent learning and thought, where ideas may be put forward and reasoned opinion expressed freely while maintaining respect for and openness to others. 5.2. Intellectual freedom does not justify poor behaviour or disrespectful treatment of others. 6. Breach of the Code of Conduct 6.1. Failure to behave in accordance with the RMIT Code of Conduct for Staff may lead to disciplinary action. 6.2. Staff should report suspected breaches of the Code of Conduct in the first instance to their manager. Particular breaches may be dealt with under the relevant University policy in instances where the policy has a defined reporting or review procedure. 6.3. Suspected breaches should be dealt with under the appropriate review procedure prior to reporting to the RMIT Ombudsman. Nothing in this Code of Conduct restricts the right and ability of staff to report concerns as set out within the Protected disclosure policy process. Uber Terms of Use UBER B.V. TERMS AND CONDITIONS Last updated: December 4, 2017 1. Contractual Relationship These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, products, and services (the “Services”) made available by Uber B.V., a private limited liability company established in the Netherlands, having its offices at Mr. Treublaan 7, 1097 DP, Amsterdam, the Netherlands, registered at the Amsterdam Chamber of Commerce under number 56317441 (“Uber”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Uber may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Uber may amend the Terms related to the Services from time to time. Amendments will be effective upon Uber’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Uber’s Privacy Policy located at https://www.uber.com/legal. Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict. 2. The Services The Services constitute a technology platform that enables users of Uber’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Uber or certain of Uber’s affiliates (“Third Party Providers”). Unless otherwise agreed by Uber in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT UBER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY UBER OR ANY OF ITS AFFILIATES. License. Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Uber and Uber’s licensors. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Provision of the Services. You acknowledge that portions of the Services may be made available under Uber’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Uber,” “uberPOP,” “uberX,” “uberXL,” “UberBLACK,” “UberSUV,” “UberBERLINE,” “UberVAN,” “UberEXEC,” and “UberLUX” and the logistics request brands currently referred to as “UberRUSH,” “UberFRESH” and “UberEATS”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Uber’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Uber does not endorse such third party services and content and in no event shall Uber be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership. The Services and all rights therein are and shall remain Uber’s property or the property of Uber’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Uber’s company names, logos, product and service names, trademarks or services marks or those of Uber’s licensors. 3. Your Use of the Services User Accounts. In order to use most aspects of the Services, youmust register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Uber certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Uber’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Text Messaging. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Uber at any time by following the directions found at htttp://t.uber.com/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. Promotional Codes. Uber may, in Uber’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Uber establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Uber; (iii) may be disabled by Uber at any time for any reason without liability to Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Uber determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. User Provided Content. Uber may, in Uber’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Uber, you grant Uber a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Uber’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 4. Payment You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Uber will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Uber. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Uber will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Uber using the preferred payment method designated in your Account, after which Uber will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Uber may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Uber, Uber reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Uber’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Uber will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Uber may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Uber (on Uber’s website, in the Application, or in Uber’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Uber provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. Repair or Cleaning Fees. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber in Uber’s reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Third Party Provider and are non-refundable. 5. Disclaimers; Limitation of Liability; Indemnity. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY. UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL UBER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500). UBER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity. You agree to indemnify and hold Uber and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Uber’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 6. Governing Law; Arbitration. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not spe­ak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. 7. Other Provisions Claims of Copyright Infringement. Claims of copyright infringement should be sent to Uber’s designated agent. Please visit Uber’s web page at https://www.uber.com/legal for the designated address and additional information. Notice. Uber may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber's address at Mr. Treublaan 7, 1097 DP, Amsterdam, The Netherlands. General. You may not assign or transfer these Terms in whole or in part without Uber’s prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber or any Third Party Provider as a result of the contract between you and Uber or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.” Uber Privacy Policy Introduction When you use Uber, you trust us with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices. This policy describes the information we collect, how it is used and shared, and your choices regarding this information. We recommend that you read this along with our Privacy Overview, which highlights key points about our privacy practices (including what information we collect, when we collect it, and how we use it). Last Modified: May 25, 2018 Effective Date: May 25, 2018 Download Previous Policy Data Collections And Uses Scope SUMMARY This policy applies to users of Uber's services anywhere in the world, including users of Uber's apps, websites, features or other services. This policy describes how Uber and its affiliates collect and use personal information to provide our services. This policy applies to all users of our apps, websites, features or other services anywhere in the world, unless covered by a separate privacy policy such as the Uber Freight Privacy Policy. This policy specifically applies to: Riders: users who request or receive transportation Drivers: users who provide transportation individually or through partner transportation companies Delivery Recipients: users who request deliveries of food or other items Delivery Partners: users who provide delivery services This policy also applies to those who provide information to Uber in connection with an application to use our services, or whose information Uber otherwise receives in connection with its services (such as contact information of individuals associated with UberEats restaurant partners). All those subject to this policy are referred to as “users” for purposes of this policy. The practices described in this policy are subject to applicable laws in the places in which we operate. This means that we only engage in the practices described in this policy in a particular country or region if permitted under the laws of those places. Please contact us if you have questions on our practices in your country or region. Data Controller SUMMARY Uber provides services to users throughout the world. If you use our services in the United States, Uber Technologies, Inc. is the data controller for your information. If you use our services in the European Union or elsewhere, Uber B.V. is the data controller. We process personal information inside and outside of the United States. If you live in the United States, the data controller for the information you provide or that is collected by Uber or its affiliates is: Uber Technologies, Inc. 1455 Market Street San Francisco, California, 94103 If you live in the European Union or elsewhere, the data controller is: Uber B.V. Mr. Treublaan 7, 1097 DP Amsterdam, the Netherlands. Questions, comments and complaints about Uber's data practices can be submitted to Uber's data protection office through here. We process personal information inside and outside of the United States. Uber transfers information of users' outside the United States on the basis of mechanisms approved under applicable laws. For users in Argentina: The Public Information Access agency, in its role of Regulating Body of Law 25.326, is responsible to receive complaints and reports presented by any data subjects who believes their rights have been impacted by a violation to the local data protection regulation. The Information We Collect SUMMARY Uber collects: Information that you provide to Uber, such as when you create your Uber account. Information created when you use our services, such as location, usage and device information. Information from other sources, such as Uber partners and third parties that use Uber APIs. The following information is collected by or on behalf of Uber: Information you provide This may include: User profile: We collect information when you create or update your Uber account. This may include your name, email, phone number, login name and password, address, payment or banking information (including related payment verification information), government identification numbers such as Social Security number, driver’s license or passport if required by law, birth date, photo and signature. This also includes vehicle or insurance information of drivers. This also includes the preferences and settings that you enable for your Uber account. Background check information: We may collect background check information if you sign up to use Uber’s services as a driver or delivery partner. This may include information such as your driver history or criminal record (where permitted by law). This information may be collected by a vendor on Uber’s behalf. Demographic data: We may collect demographic information about you, including through user surveys. In some countries, we may also receive demographic information about you from third parties. User content: We may collect information that you submit when you contact Uber customer support, provide ratings or compliments for other users, or otherwise contact Uber. Information created when you use our services This may include: Location Information Depending on the Uber services that you use, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi. If you are a driver or delivery partner, Uber collects location information when the Uber app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device. If you are a rider and have provided permission for the processing of location data, Uber collects location information when the Uber app is running in the foreground. In certain regions, Uber also collects this information when the Uber app is running in the background of your device if this collection is enabled through your app settings or device permissions. Riders and delivery recipients may use the Uber app without enabling Uber to collect their location information. However, this may affect the functionality available on your Uber app. For example, if you do not enable Uber to collect your location information, you will have to manually enter your pickup address. In addition, location information will be collected from the driver during your trip and linked to your account, even if you have not enabled Uber to collect your location information. Transaction Information We collect transaction details related to your use of our services, including the type of services you requested or provided, your order details, delivery information, date and time the service was provided, amount charged, distance traveled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person. Usage information We collect information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services. In some cases, we collect this information through cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement. Device Information We may collect information about the devices you use to access our services, including the hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, and mobile network information. Communications data We enable users to communicate with each other and Uber through the Uber apps, websites, and other services. For example, we enable drivers and riders, and delivery partners and recipients, to call or text each other (in some countries, without disclosing their telephone numbers to each other). To provide this service, Uber receives some information regarding the calls or texts, including the date and time of the call/text, and the content of the communications. Uber may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services and for analytics. Information from other sources These may include: User feedback, such as as ratings or compliments. Users providing your information in connection with referral programs. Users requesting services for or on your behalf. Users or others providing information in connection with claims or disputes. Uber business partners through which you create or access your Uber account, such as payment providers, social media services, on-demand music services, or apps or websites who use Uber’s APIs or whose API Uber uses (such as when you order a ride through Google Maps). Insurance providers (if you are a driver or delivery partner). Financial services providers (if you are a driver or delivery partner). Partner transportation companies (if you are a driver who uses our services through an account associated with such a company). The owner of an Uber for Business or Uber Family profile that you use. Publicly available sources. Marketing service providers. Uber may combine the information collected from these sources with other information in its possession. How We Use Your Information SUMMARY Uber collects and uses information to enable reliable and convenient transportation, delivery and other products and services. We also use the information we collect: To enhance the safety and security of our users and services For customer support For research and development To enable communications to or between users To provide promotions or contests In connection with legal proceedings Uber does not sell or share your personal information to third parties for third party direct marketing purposes. Uber uses the information it collects for purposes including: Providing services and features Uber uses the information we collect to provide, personalize, maintain and improve our products and services. This includes using the information to: Create and update your account. Verify your identity. Enable transportation, deliveries, and other services. This includes automated processing of your information to enable Dynamic Pricing, in which the price of a ride is determined based on constantly varying factors such as the estimated time and distance of the predicted route, estimated traffic, and the number of riders and drivers using Uber at a given moment. Process or facilitate payments for those services. Offer, obtain, provide or facilitate insurance or financing solutions in connection with our services. To track the progress of your ride or delivery. Enable features that allow you to share information with other people, such as when you submit a compliment about a driver, refer a friend to Uber, split fares, or share your ETA. Enable features to personalize your Uber account, such as creating bookmarks for your favorite places, and to enable quick access to previous destinations. Enable Accessibility features that make it easier for users with disabilities to use our services, such as those which enable deaf or hard-of-hearing drivers to alert their riders of their disabilities, allow only text messages from riders, and to receive flashing trip request notifications instead of sound notifications. Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing, and research, and to monitor and analyze usage and activity trends. Safety and security We use your data to help maintain the safety, security and integrity of our services and users. This includes, for example: Screening drivers and delivery partners prior to enabling their use of our services and at subsequent intervals, including through reviews of background checks where permitted by law, to prevent use of our services by unsafe drivers. Using information from drivers’ devices to identify unsafe driving behavior such as speeding or harsh braking and acceleration, and to raise awareness among drivers regarding such behaviors. our Real-Time ID Check feature, which prompts drivers to share a selfie before going online. This helps ensure that the driver using the app matches the Uber account we have on file, preventing fraud and helping to protect other users. Using device, location, profile, usage and other information to prevent, detect, and combat fraud or unsafe activities. This includes processing of such information, in certain countries, to identify practices or patterns that indicate fraud or risk of safety incidents. This may also include information from third parties. In certain cases such incidents may lead to deactivation by means of an automated decision making process. Users in the EU have have the right to object to this type of processing; see Section II.I.1.d for more information Using user ratings to encourage improvement by affected users, and as grounds for deactivating users with ratings below a certain minimum as may be required in their region. Calculation and deactivation may be done through an automated decision making process. Users in the EU have have the right to object to this type of processing; see Section II.I.1.d for more information. Customer support Uber uses the information we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to: Direct your questions to the appropriate customer support person Investigate and address your concerns Monitor and improve our customer support responses Research and development We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services. Communications among users Uber uses the information we collect to enable communications between our users. For example, a driver may text or call a rider to confirm a pickup location, or a restaurant or delivery partner may call a delivery recipient with information about their order. Communications from Uber Uber may use the information we collect to communicate with you about products, services, promotions, studies, surveys, news, updates and events. Uber may also use the information to promote and process contests and sweepstakes, fulfill any related awards, and serve you relevant ads and content about our services and those of our business partners. You may receive some of these communications based on your profile as an Uber user. Users in the EU have have the right to object to this type of processing; see Section II.I.1.d for more information. Uber may also use the information to inform you about elections, ballots, referenda and other political and policy processes that relate to our services. Legal proceedings and requirements We may use the information we collect to investigate or address claims or disputes relating to your use of Uber's services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries. Cookies And Third Party Technologies SUMMARY Uber and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy. Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. Uber uses cookies and similar technologies for purposes such as: Authenticating users Remembering user preferences and settings Determining the popularity of content Delivering and measuring the effectiveness of advertising campaigns Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our services, as well as when you visit other online sites and services. Please see our Cookie Statement for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies. Information Sharing And Disclosure SUMMARY Some of Uber's products, services and features require that we share information with other users or at your request. We may also share your information with our affiliates, subsidiaries and business partners, for legal reasons or in connection with claims or disputes. Uber may share the information we collect: With other users For example, if you are a rider, we may share your first name, average rider rating given by drivers, and pickup and/or dropoff locations with drivers. If you share an uberPOOL trip with another rider, that rider may be told your name and may see your pickup and/or dropoff location. If you are a driver or delivery partner, we may share information with your rider(s) including name and photo; vehicle make, model, color, license plate, and vehicle photo; location; average rating provided by riders; total number of trips; for how long you have been using the Uber app; and contact information (depending upon applicable laws). If you choose to complete a driver profile, we may also share any information associated with that profile, including information that you submit and compliments that past riders have submitted about you. The rider/delivery recipient will also receive a receipt containing information such as a breakdown of amounts charged, your first name, photo, and a map of the route you took. At your request This includes sharing your information with: Other people at your request. For example, we may share your ETA and location with a friend at your request, or your trip information when you split a fare with a friend. Uber business partners. For example, if you requested a service through a partnership or promotional offering made by a third party, Uber may share your information with those third parties. This may include, for example, other apps or websites that integrate with our APIs, vehicle suppliers, or services, or those with an API or service with which we integrate, or business partners with whom Uber may partner with to deliver a promotion, a contest or a specialized service. With the general public when you submit content to a public forum We love hearing from our users -- including through public forums such as Uber blogs, social media, and certain features on our network. When you communicate with us through those channels, your communications may be viewable by the public. With the owner of Uber accounts that you may use If you use a profile associated with another party we may share your trip information with the owner of that profile. This occurs, for example, if you are: A rider using your employer’s Uber for Business profile, or taking trips arranged through Uber Central. A driver using an account owned by a partner transportation company. A rider who takes a trip arranged by a friend or under a Family Profile. A delivery partner acting as a substitute (U.K. only). With Uber subsidiaries and affiliates We share information with our subsidiaries and affiliates to help us provide our services or conduct data processing on our behalf. For example, Uber processes and stores information in the United States on behalf of its international subsidiaries and affiliates. With Uber service providers and business partners Uber may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example: Payment processors and facilitators. Background check providers (drivers and delivery partners only). Cloud storage providers. Marketing partners and marketing platform providers. Data analytics providers. Research partners, including those performing surveys or research projects in partnership with Uber or on Uber’s behalf. Vendors that assist Uber to enhance the safety and security of its apps. Consultants, lawyers, accountants and other professional service providers. Fleet partners. Insurance and financing partners. Airports. Yandex Taxi and other local providers. Restaurant partners. Vehicle solution vendors or third party vehicle suppliers. For legal reasons or in the event of a dispute Uber may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing your information with law enforcement officials, government authorities, airports (if required by the airport authorities as a condition of operating on airport property), or other third parties as necessary to enforce our Terms of Service, user agreements, or other policies, to protect Uber’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share information with that credit card holder, including trip information. This also includes sharing your information with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company. Please see Uber's Guidelines for Law Enforcement Authorities for more information. With your consent Uber may share your information other than as described in this policy if we notify you and you consent to the sharing. Information Retention And Deletion SUMMARY Uber retains user profile and other information for as long as you maintain your Uber account. Uber retains transaction, location, usage and other information for 7 years in connection with regulatory, tax, insurance or other requirements in the places in which it operates. Uber thereafter deletes or anonymizes such information in accordance with applicable laws. Users may request deletion of their accounts at any time. Following such request, Uber deletes the information that it is not required to retain, and restricts access to or use of any information it is required to retain. Uber requires user profile information in order to provide its services, and retains such information for as long you maintain your Uber account. Uber retains certain information, including transaction, location, device and usage information, for a minimum of 7 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide Uber's services, enable customer support, enhance the user experience or other operational purposes, Uber takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection. You may request deletion of your account at any time through the Privacy Settings in the Uber app, or via Uber's website (riders and delivery recipients here; drivers and delivery partners here). Following such request, Uber deletes the information that it is not required to retain. In certain circumstances, Uber may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, Uber will delete your account as described above. Uber may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if Uber shuts down a user's account because of unsafe behavior or security incidents, Uber may retain certain information about that account to prevent that user from opening a new Uber account in the future. Special Information For EU Users SUMMARY Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarizes Uber’s grounds for processing personal information under the GDPR, and the rights of EU users as relates to Uber’s handling of personal information. Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation ('GDPR'). This section provides information as relates to EU users' rights, and Uber's responsibilities, under this regulation. 1. EU User Rights If you are an Uber user in the EU, you have the following rights with respect to Uber's handling of your personal information. To exercise these rights, please see below or submit your request here. Users outside the EU may also request explanation, correction, deletion or copies of their personal data here. a. Explanation and copies of your data You have the right to request an explanation of the information that Uber has about you and how Uber uses that information. You also have the right to receive a copy of the information that Uber collects about you if collected on the basis of consent or because Uber requires the information to provide the services that you request. b. Correction If Uber has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled 'Explanation, Copies and Correction' below for more information on correcting, or requesting correction of, your information. c. Deletion Users may request deletion of their accounts at any time. Users may requests deletion through the Privacy Settings menu in the Uber app, or via Uber's website (riders and delivery recipients here; drivers and delivery partners here). We may retain certain information about you as required by law and for legitimate business purposes permitted by law. Please see the 'Information Retention & Deletion' section above for more information regarding Uber's retention and deletion practices. d. Objections and complaints Users in the EU have the right to object to Uber's processing of personal data, including for marketing purposes based on profiling and/or automated decision making. Uber may continue to process your information notwithstanding the objection to the extent permitted under GDPR. Users in the EU also have the right to file a complaint relating to Uber's handling of your personal information with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority. Their contact information is as follows: Autoriteit Persoonsgegevens Postbus 93374 2509 AJ DEN HAAG (+31) - (0)70 - 888 85 00 You may also submit questions, comments or complaints to Uber's Data Protection Officer. 2. Grounds for Processing The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, Uber processes the information of EU users based on one or more of the grounds specified under the GDPR: a. The processing is necessary to provide the services and features you request Uber must collect and use certain information in order to provide its services. This includes: User profile information that is necessary to establish and maintain your account, including to verify your identity; enable communications with you about your trips, orders and accounts; and to enable you to make payments or receive earnings. Background check Information necessary to enable drivers to provide transportation services through the Uber app. Driver location Information, which is necessary to match drivers with riders, and to track trips while in-progress and suggest navigation. Transaction information, which is necessary to generate and maintain in connection with your use of Uber's services. Usage information, which is necessary to maintain, optimize and enhance Uber's services, including to determine, sometimes in combination with other information, incentives, connect riders and drivers, and calculate costs of trips and driver earnings. Collection and use of this information is a requirement for using Uber's apps. b. The processing is necessary to protect the vital interests of our users or of others Uber may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others. c. The processing is necessary for Uber's legitimate interests Uber collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information: To maintain and enhance our users' safety and security. For example, we collect background check information (where permitted by law) to prevent unsafe users from providing services through our apps. We also use personal information to prevent use of our services by users who have engaged in inappropriate or dangerous behavior, such as by retaining information of banned users to prevent their use of Uber's apps. We also use usage information to prevent matching of riders and drivers for whom there is higher risk of conflict (e.g., because they have been the subject of prior complaints from other users). To prevent, detect and combat fraud in connection with the use of our services. For example, Uber uses user profile, location, device and usage information, to identify and prevent circumstances when users attempt to defraud Uber or other users. To inform law enforcement officials regarding criminal acts or threats to public safety. To provide customer support. To optimize our service and develop new services. This includes, for example, identifying the best pick-up / drop locations, recommending (new) features, improving navigation, and enhancing pricing and matching riders and drivers or delivery recipients and partners. For research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience and enhance the safety and security of our services. For direct marketing purposes. This includes, for example, analysing data to identify trends and tailor marketing messages to user needs. To enforce Uber's Terms of Service. d. The processing is necessary for the legitimate interests of other persons or parties Uber collects and uses personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. Uber may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws. e. The processing is necessary to fulfill Uber's legal obligations Uber is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your personal data. For example, Uber is subject to laws and regulations in many cities and countries that require it to collect and retain information about your trips, to retain such information for extended periods of time, and to provide copies of such information to governmental or other authorities. Uber uses your information to comply with such laws to the extent they apply to your use of the Uber apps. Uber may also share information with law enforcement, or requests by third parties pursuant to legal processes. For more information about such sharing, please see Uber's Guidelines for Law Enforcement Authorities in the United States, Guidelines for Law Enforcement Authorities Outside the United States, and Guidelines for Third Party Data Requests. f. Consent Uber may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent. Uber relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent. Location Information (Riders) Share Live Location (Riders) Notifications: Account and Trip Updates Notifications: Discounts and News Accessibility features Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt in or out of them, and the effect of opting out of these on your use of Uber's apps. Uber may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected on the basis of consent, and will be deleted once no longer necessary for the purposes collected. Choice And Transparency SUMMARY Uber provides means for you to see and control the information that Uber collects, including through: in-app privacy settings device permissions in-app ratings pages marketing opt-outs You may also request that Uber provide you with explanation, copies or correction of your data. A. PRIVACY SETTINGS The Privacy Settings menu in the Uber rider app gives users the the ability to set or update their location and contacts sharing preferences, and their preferences for receiving mobile notifications from Uber. Information on these settings, how to set or change these settings, and the effect of turning off these settings are described below. Location Information Uber uses rider's device location services to make it easier to get a safe, reliable ride whenever you need one. Location data helps improve our services, including pickups, navigation, and customer support. You may enable/disable, or adjust, Uber's collection of rider location information at any time through the Privacy Settings menu in the Uber app, or via the settings on your mobile device. If you disable the device location services on your device, your use of the Uber app will be affected. For example, you will need to manually enter your pickup or dropoff locations. In addition, location information will be collected from the driver during your trip and linked to your account, even if you have not enabled Uber to collect your location information. Share Live Location (Riders) If you have enabled the device location services on your mobile device, you may also enable Uber to share your location with your driver from the time you request a ride to the start of your trip. This makes it easier for your driver to pick you up. You may enable/disable location sharing with your driver at any time through the Privacy Settings menu in the Uber app. You may use the Uber app if you have not enabled location sharing, but it may be more difficult for your driver to locate you. Notifications: Account and Trip Updates Uber provides users with trip status notifications and updates related to your account. These notifications are a necessary part of using the Uber app, and cannot be disabled. However, you may choose the method by which you receive these notifications through the Privacy Settings menu in the Uber app. Notifications: Discounts and News You may enable Uber to send you push notifications about discounts and news from Uber. You may enable/disable these notifications at any time through the Privacy Settings menu in the Uber app. B. DEVICE PERMISSIONS Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Uber app wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that the Uber app seeks before you first use the app, and your use of the app constitutes your consent. C. RATINGS LOOK-UP After every trip, drivers and riders are able to rate each other, as well as give feedback on how the trip went. This two-way system holds everyone accountable for their behavior. Accountability helps create a respectful, safe environment for both drivers and riders. Your rider rating is available in the main menu of the Uber rider app. Your driver rating is available in the Ratings tab of the Uber Partner app. D. EXPLANATIONS, COPIES AND CORRECTION You may request that Uber: Provide a detailed explanation regarding the information Uber has collected about you and how it uses that information. Receive a copy of the information Uber has collected about you. Request correction of any inaccurate information that Uber has about you. You can make these requests by contacting Uber here. You can also edit the name, phone number and email address associated with your account through the Settings menu in Uber's apps. You can also look up your trips, orders and deliveries history in the Uber apps. E. MARKETING OPT-OUTS You may opt out of receiving promotional emails from Uber here. You may also opt out of receiving emails and other messages from Uber by following the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as receipts for your rides or information about your account. Updates To This Policy SUMMARY We may occasionally update this policy. We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the Uber apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy. We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review. New South Wales Fair Trading New Tenant Checklist What you must know before you sign a lease At the start of every tenancy, your landlord or agent should give you: ● a copy of this information (the New tenant checklist) ● a copy of your lease (tenancy agreement) ● 2 copies of the premises condition report (more on that later) ● an invitation to lodge the bond using Rental Bonds Online (RBO). Or, if you are unable to use RBO, a bond lodgement form for you to sign, so that it can be lodged with NSW Fair Trading ● keys to your new home. If applicable, you should also receive: ● a certificate of compliance for a swimming pool (more on that later) ● a copy of the by-laws, if the property is in a strata complex ● notification if the premises has been listed on the Loose-Fill Asbestos Insulation Register (more on that later) ● notification of any other material fact relating to the premises (more on that later). Before you sign the lease, make sure you read it thoroughly. If there is anything in the lease that you do not understand, ask questions. Remember, you are committing to a legally binding contract with no cooling-off period. You want to be certain you understand and agree to what you are signing. You should only sign the lease when you can answer Yes to the following statements. The lease I have read the lease and asked questions if there were things I did not understand. I know the length of the lease is negotiated before I sign, which means it can be for 6 months, 12 months, or some other period. I know that I must be offered at least one way to pay the rent that does not involve paying a fee to a third party. I know that any additional terms to the lease must be negotiated before I sign. I have checked that all additional terms to the lease are legal. For example, the lease does not include a term requiring me to have the carpet professionally cleaned when I leave, unless I have agreed to that as part of a condition to allow me to keep a pet on the premises. Promised repairs For any promises made by the landlord or agent (for example, replace the oven, paint a room, clean up the backyard, etc.): I have made sure these have already been done or I have an undertaking in writing (before signing the lease) that they will be done. Upfront costs I am not being required to pay: more than 2 weeks rent in advance, unless I freely offer to pay more more than 4 weeks rent as a rental bond. I am not being charged for: the cost of preparing my lease the initial supply of keys and security devices to each tenant named on the lease. Managing your bond online Your landlord or agent must give you the option to use Rental Bonds Online (RBO) to pay your bond. You can use RBO to securely pay your bond direct to NSW Fair Trading using a credit card or BPAY, without the need to fill out and sign a bond lodgement form. Once registered, you can continue to use your RBO account for future tenancies. If you decide not to use RBO, you can ask your agent or landlord for a paper bond lodgement form for you to sign, so that it can be lodged with NSW Fair Trading. Swimming and spa pools Does the property have a swimming or spa pool? If so, the landlord or agent must give you a copy of a valid certificate of compliance or occupation certificate issued in the past 3 years. This does not apply if you are renting in a strata or community scheme of more than 2 lots. Property containing loose-fill asbestos insulation Properties in NSW that test positive for loose-fill asbestos insulation will have the property address included in a public register (available on the NSW Fair Trading website). If a property has been listed on this public register, the agent or private landlord must disclose this information to new tenants. The following section lists the other information that must be provided to tenants before they sign a lease. What tenants must be told Sometimes a residential property has something in its history that you should know. If the landlord or agent is aware of any of the following facts, they must inform you: ● if the property: ○ has been affected by flooding or bushfire in the previous 5 years ○ has significant health or safety risks (unless they are obvious when you inspect the property) ○ has been the scene of a violent crime in the previous 5 years ○ is affected by zoning or laws that will not allow you to obtain a parking permit and only paid parking is available in the area ○ is provided with council waste services on a different basis to other premises in the area ○ is listed on the loose-fill asbestos insulation register ● if other people are entitled to share the driveway or walkway. After you move in ● Fill in your part of the condition report and make sure you return a copy to the landlord or agent within 7 days. This is an important piece of evidence. If you do not take the time to complete it accurately, money could be taken out of your bond to pay for damage that was already there when you moved in. ● If you lodged the bond using RBO, make sure you receive an email or SMS notification from Fair Trading confirming your bond has been received. If the bond was not lodged using RBO, make sure you get a letter from Fair Trading sometime during the first 2 months saying that your bond has been received and advising you of your Rental Bond Number. If you do not receive an email, SMS notification or letter, call NSW Fair Trading to make sure the bond has been lodged. Top tips for problem-free renting Follow these useful tips to help avoid problems while you are renting: ● Photos are a great way to record the condition of the property when you first move in. Take date-stamped photos of the property, especially areas that are damaged or unclean. Keep these photos in case the landlord objects to returning your bond at the end of your tenancy. ● Keep a copy of your lease, condition report, rent receipts, Rental Bond Number and copies of letters/ emails you send or receive in a safe place where you can easily find it later. ● Never stop paying your rent, even if the landlord is not complying with their side of the agreement (e.g. by failing to do repairs). You could end up being evicted if you do. ● Comply with the terms of your lease. In particular, never make any alterations, keep a pet or let other people move in without asking the landlord or agent for permission first. ● Keep a diary of your dealings with the landlord or agent - record all the times and dates of conversations, who you spoke to and what they agreed to do. If repairs are needed, put your request in writing to the landlord or agent and keep a copy. This type of evidence is very helpful if a dispute arises that ends up in the NSW Civil and Administrative Tribunal (NCAT). ● Consider taking out home contents insurance. It will cover your belongings in case of theft, fires and natural disasters. The landlord's building insurance, if they have it, will not cover your things. ● If the property has a pool or garden, be clear about what the landlord or agent expects you to do to maintain them. ● Be careful with what you sign relating to your tenancy and do not let anybody rush you. Never sign a blank form, such as a 'Claim for refund of bond' form. ● If you are happy in the place and your lease ends, consider asking for the lease to be renewed for another fixed term. This will remove the worry about being unexpectedly asked to leave and can help to lock in the rent for the next period of time. Further information Go to the Fair Trading website or call 13 32 20 for more information about your renting rights and responsibilities. The NSW Government funds a range of community based Tenants Advice and Advocacy Services across NSW to provide advice, information and advocacy to tenants. Go to the Tenants Union website at www.tenants.org.au for details of your nearest service or check your local phone directory. Landlords and agents must give a copy of this information statement to all new tenants before they sign a residential lease. Fines can be imposed if this is not done. Dione Terms and Conditions Dione Ontology. Version 0.933. 18th of October, 2016. Access to and use of Dione is governed by the GNU General Public License http://www.gnu.org/copyleft/gpl.html. By using this ontology, you agree to be bound by the terms of the GPL. Dione is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. If you have any questions, feel free to contact khaos@lcc.uma.es. Unidays Cookie Policy April 2018 UNiDAYS Cookie Policy This Cookie Policy explains how UNiDAYS Ltd and its group companies (collectively “UNiDAYS”, "we", "us", and "ours") use cookies and similar technologies (collectively referred to in this Policy as "Cookies") to recognise you when you visit our website at www.myunidays.com or app (collectively, the "Site"). It explains what these technologies are and why we use them, as well as your rights to control our use of them. We use cookies to improve the quality of our Site, our marketing and the service that we offer you. Basically, we want to make your experience with us as amazing as we can, and cookies help us do this. What are cookies? Cookies are small data files which are placed on your computer when you visit a website. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. These cookies store and sometimes track (depending on what the cookie is seeking to achieve) information about your use of the Site. Cookies set by the website owner (in our case, UNiDAYS) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third-party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites. Some of the cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the Site and will last for a longer duration. We set out in a bit more detail below how these different kinds of cookies work and what we use them for. Why do we use cookies? The cookies used by UNiDAYS are explained below. We have explained the cookies in categories rather than individually as, to be honest, it makes a lot more sense this way and we think it is a far more useful way of explaining what we are doing. We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Site to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our members to enhance the experience on our Site. Third parties serve cookies through our Site for advertising, analytics and other purposes. This is described in more detail below. If you have any questions about our use of cookies or other technologies, please email help@myunidays.com Types of cookie Who serves these cookies How to refuse Strictly Necessary: These cookies are strictly necessary to provide you with services available through our Site and to use some of its features, such as navigating the partner discounts and offers more easily. The essential features of our Site require strictly necessary cookies so that we can remember things about you such as your login details (if you’ve asked us to). This means that even if you navigate away from the Site for a little while, we are able to identify you as being logged in to the Site and to ensure that you are able to access the appropriate features on the Site.We also use these cookies to help us keep your account, data and our services safe and secure. UNiDAYS Because these cookies are strictly necessary to deliver the Site to you, you cannot refuse them. However, you can block or delete them by changing your browser settings, as described below under the heading "How can I control cookies?". Performance cookies: These cookies are used to enhance the performance of our Site but are non-essential to its use. However, without these cookies, certain functionality may become unavailable. Performance cookies allow us to collect information about how you use our Site, so that we can continuously improve the quality of our Site and service and thus improve your member journey. Our performance cookies do not collect any information that could reveal your real-world identity. All information collected is used by us to provide statistics on how our Site is used; monitor which websites our members arrived from (for example, did you see an advertisement that interested you on a social media channel and come to us through that); and help us improve the Site by measuring usage information and any errors which occur during our member’s browsing experiences. UNiDAYS Google Analytics Segment To refuse these cookies, please follow the instructions below under the heading "Managing your cookie preferences". Functionality cookies: These cookies are used to enhance the functionality of our Site but are non-essential to its use. However, without these cookies, certain functionality may become unavailable Functionality cookies provide you with improved Site functionality by allowing access to additional services or to enhance your future visits to our Site. We know how important the member journey is, and as such, we are dedicated to giving you the most seamless and relevant experience possible. Functionality cookies used on our Site are, unsurprisingly, designed to provide you with improved Site functionality whilst you are browsing. For example, remembering your language preferences and your privacy settings and integrating your use of this Site with your social media sites. These cookies may share information with partners to provide services on our Site. The information shared is only to be used to provide the service, product or function and not for any other purpose. UNiDAYS Facebook To refuse these cookies, please follow the instructions below under the heading "Managing your cookie preferences". Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Site are being used or how effective are marketing campaigns are, or to help us customise our Site for you. Google Analytics Remarketing Segment To refuse these cookies, please follow the instructions below under the heading "Managing your cookie preferences". Advertising and sharing cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same advertisement from continuously reappearing, ensuring that advertisements are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. These cookies may also link to social networks such as Facebook or Snapchat to provide information on your visit so that they can present you with advertisements related to our services which may be of interest to you. This type of cookie also includes our tracking cookies that we use to track our members’ purchases when they have accessed a discount or offer. This is how we know how much to charge the partner for the role we have played in setting up the relationship. By opting out of our tracking cookies, you will be still able to read our blog and follow our social media sites, but you can’t actually be a member with access to the student discounts and offers. UNiDAYS Facebook Microsoft Advertising Google Ads Google Analytics Remarketing Twitter Impelus To refuse these cookies, please follow the instructions below under the heading "Managing your cookie preferences". Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Site through third party social networking and other websites. Third parties, including Snap may use cookies, beacons, and other technology to collect or receive information to target and advertise. UNiDAYS Facebook Snapchat Outbrain To refuse these cookies, please follow the instructions below under the heading "Managing your cookie preferences". Do we serve targeted advertising? Yes. Third parties may serve cookies on your computer or mobile device to serve advertising through our Site. These companies may use information about your visits to this Site and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this Site and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these. Managing your cookie preferences You have the right to decide whether to accept or reject cookies, except for Strictly Necessary cookies which you may not refuse. If you choose to reject cookies, you may still use our Site, though it is important to point out that your access to some functionality and areas of our Site will be restricted. Most browsers accept cookies automatically, but you can alter the settings of your web browser to accept or erase cookies or prevent automatic acceptance if you prefer. Generally, you have the option to see what cookies you’ve got and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. As the means by which you can manage cookies through your web browser controls vary from browser-to-browser, visit the ‘options’ or ‘preferences’ menu on your browser or follow the browser instructions to change your settings. In addition, most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com/. What about other tracking technologies, like web beacons? Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Site or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of members from one page within our Site to another, to deliver or communicate with cookies, to understand whether you have come to our Site from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning. How often will we update this Cookie Policy? We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, this Cookie Policy may be updated to reflect any such advances in technology and preference management tools. We may also update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies. Our Privacy Policy can provide you with further details about how we use any personal information you give us, although please note that not all information captured by using cookies will identify you. DIONE Terms and conditions Dione Ontology. Version 0.933. 18th of October, 2016. Access to and use of Dione is governed by the GNU General Public License http://www.gnu.org/copyleft/gpl.html. By using this ontology, you agree to be bound by the terms of the GPL. Dione is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. If you have any questions, feel free to contact khaos@lcc.uma.es. Unidays Terms of Service This page (together with the documents referred to on it) tells you the terms upon which you may use this website (myunidays.com) (“Site”), whether as a guest or a registered user. Please read these terms of use (“Terms”) carefully before you start to use our Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Site. Information about us myunidays.com is a site operated by MYUNIDAYS LTD, trading as UNiDAYS (“we”, “our” and “us”). We are registered in England and Wales under company number 7552253 and have our registered office at 2 Castle Boulevard, Nottingham, NG7 1FB. Accessing Our Site Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire site, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these terms, and that they comply with them. By obtaining a promotional code or accessing an offer or discount through our Site, you acknowledge that such offer or discount is subject to third party terms and conditions and it is your responsibility to review such terms and conditions before entering into any transaction with that third party. The UNiDAYS service is not intended for individuals under the age of 16 years old. If you are under 16 years of age, you are not permitted to use the UNiDAYS service. By using the service, you confirm that you are at least 16 years of age. If you are 16 to 17 years of age, you may only sign up to the UNiDAYS service with the consent of a parent or legal guardian. By using the UNiDAYS service you confirm that you have such consent and that you shall abide by and comply with these Terms. If you are 18 years of age or over you confirm that you are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Intellectual property rights We are the owner of all intellectual property rights in our Site. With the exception of information that has been gathered from other websites and product and company advertisements, we also own the intellectual property rights in the materials published on the Site. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site, unless as directed. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. You must not use any part of the materials on our Site for commercial purposes without first obtaining a licence from us to do so. If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Reliance on information posted Commentary, advertisements and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. Our Site changes regularly We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material. Our liability The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and any third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Information about you and your visits to our Site We process information about you in accordance with our privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate. We use cookies to store information on your local computer. These cookies do not contain any personal information; they serve only to facilitate the UNiDAYS experience. By using this website, you agree under Regulation 6 of the Privacy and Electronic Communications Regulations 2003 (PECR), you are acknowledge the following: 1. You can refuse to accept cookies from this website by configuring your browser to refuse cookies from the domain myunidays.com. By doing so you will not be able to log in and we will not be able to display accurate information to you. 2. By registering or logging into the website, you are explicitly consenting to us that we can set a cookie for this purpose. It is impossible for you to log into the website without us setting a cookie. This is covered under 4 (a) and 4 (b) of the regulations. 3. You can delete any cookies we have set at any time through your browser. 4. Our use of cookies comes under the “Strictly Necessary” definition of the regulations, and therefore we do not need to explicitly pop up a message for each cookie set or modified. Viruses, hacking and other offences You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-ofservice attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it. Linking to our Site You may link to our home page, provided you do so in a way that is fair and legal and do not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our Site other than that set out above, please address your request to info@myunidays.com. Links from our Site Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Jurisdiction and applicable law The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law. Trade marks "UNiDAYS" is a registered trade mark. Variations We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes that we have made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site. Your concerns If you have any concerns about material which appears on our Site, please contact info@myunidays.com. GÉANT Data Protection Code of Conduct (CoCo) Name of the service UNiDAYS Description of the service UNiDAYS is the world’s leading Student Affinity Network, connecting a global student audience with relevant brands and services. Data controller and contact person MyUnidays Limited of 2 Castle Boulevard, Nottingham, NG7 1FB is the data controller. They can be contacted directly by post at the address above, or by e-mail at help@myunidays.com Jurisdiction GB, England Personal data processed Following data is retrieved from your Home Organisation: * your unique user identifier (SAML persistent identifier, ePPN or ePTID) * your role in your Home Organisation (eduPersonAffiliation, eduPersonPrimaryAffiliation or eduPersonScopedAffiliation) The following data is gathered from you: When you visit, register or view information about products or services on myunidays.com, you may be asked to provide certain information about yourself, including your name, educational status, institution name and your current email address. In addition, we may also collect information about your use of our website, as well as information about you from the messages that you post to the website and e-mails or letters that you send to us. Purpose of the processing of personal data Your information will enable us to provide you with access to specific parts of our site and to operate the myunidays.com service for you. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business. In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the site or our services. Further, we might also use your information to let you know about other products and services that we offer, which may be of interest to you. If you change your mind about being contacted in the future, you can opt out by contacting us directly or changing your preferences through your account settings. If you contact us, we may keep a record of that correspondence. We will also retain certain information for the purposes of avoiding fraud. Third parties to whom personal data is disclosed Personal data is not disclosed to any of our partners and is only shared in an anonymised and aggregated format. We may share your personal data with our third party service providers for the purposes of providing our services to you, in particular, contacting you about our services and products. Finally, we may disclose your information to any business which is seeking to acquire, merge with or engage in a joint venture with us. Confirmation of whether you have an account with us by the e-mail address you register or verify with, will be publicly available. How to access, rectify and delete personal data In order to request access or rectification or, where such data can be deleted by law, to request deletion, please contact us using the contact details set out above. Please be aware that where information is retained pursuant to a legitimate aim, e.g. fraud prevention, we are not obliged to delete this data. You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by changing your account settings. Data retention We employ security measures to protect your information from access by unauthorised persons and from unlawful processing, accidental loss, destruction and damage. Your data shall be retained during the period for which your account is active. When you unsubscribe, all data which we do not require for fraud prevention purposes shall be deleted. Data Protection Code of Conduct Your data will be protected in accordance with the Data Protection Act 1998 and, once implemented, the General Data Protection Regulation. Your personal data will be protected according to the Code of Conduct for Service Providers, a common standard for the research and higher education sector to protect your privacy. We’re sorry to say this, but if you disagree with our Privacy Policy you should cancel your account and stop using our services. We will be sad to see you go, but will welcome you back with open arms if at any point you change your mind. Unidays Privacy Policy Before we get into the detail, we just want to make sure you know that your privacy is important to us. We know you’ve heard this all before, but quite frankly, we mean it. You’ve placed your trust in us by using the UNiDAYS services and we value that trust. That means we’re committed to protecting and safeguarding any personal data you give us. So anyway, here we go with the detail. This Privacy Policy explains who we are, how and why we collect, share and use personal information about you, and how you can exercise your privacy rights. If you have any questions, or any confusions about our use of your personal information, please contact us using the contact details provided on the “How to contact us” section below. WHO WE ARE If you’ve ever used us before, you’ll know that UNiDAYS offers student discounts and other student life enhancing services (such as competitions, volunteering opportunities and events) through our own website (“Website”), mobile app and blog as well as through other online platforms such as the iframe (which you may think is a partner’s website) (collectively, the ''Platform''). Why point that out, you ask? Well, here’s the thing, all the information that follows in this Privacy Policy applies to all of these platforms. Several platforms, one Privacy Policy. This Privacy Policy applies to any kind of personal information we collect through the Platform or other contact you may have with us that is connected to the Platform (such as contacting our Customer Service team via email). UNiDAYS is committed to preserving the privacy of all its members and visitors to our Website. Please read the following Privacy Policy to understand our practices regarding how we use and protect the personal information that you provide to us. HOW TO CONTACT US For the purpose of the General Data Protection Regulation 2016 ("Act"), the data controller is MyUnidays Ltd of 2 Castle Boulevard, Nottingham, NG7 1FB. CONTACTING US For questions or concerns about this Privacy Policy, or our use of your personal information, please contact us by email at help@myunidays.com. If you have general questions about your account or how to contact Customer Service for assistance, please visit our online help centre at help@myunidays.com. Please note that if you contact us, we may need to authenticate your identity before fulfilling your request. We will talk you through the process of doing this, and it really doesn’t take much time or effort. But as security of your information is important to us, we need to be extra careful. WHAT PERSONAL INFORMATION WE COLLECT AND WHY The personal information that we may collect about you broadly falls into the categories set out at the bullet points below. What do we do with the information we collect? The short answer is, we provide you with an amazing set of products and services that we strive to improve relentlessly. Information that you provide voluntarily Certain parts of the Platform may ask you to provide personal information voluntarily. For example, we may ask you to provide your contact details in order to register an account with us, to subscribe to marketing communications from us (e.g. to share information about our products, services and promotional offers that we think may interest you), and/or to submit enquiries to us (e.g. by interacting with our Customer Services Team). The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. Information that we collect automatically When you visit the Platform, we may collect information automatically from your device (be it a phone or a computer). In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws. Specifically, the information we collect automatically may include information like your IP address, device type and software characteristics, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with the Platform, including the pages accessed and links clicked. Through our app we may also find out your location, however you can turn this feature off through your device’s settings. Collecting this information enables us to verify your identity and position us to better prevent fraud, and to understand the users of the Platform, such as where they come from and what content is of interest to them. We use this information for our internal analytics purposes, to improve the quality our service, and to tailor your experience to you by displaying content and services that we think is specifically suited to you. Some of this information may be collected via the use of cookies, web beacons and similar tracking technologies. See our Cookie Policy for more information on how and why we use cookies and similar technologies. Information that we obtain from third party sources From time to time, we may receive personal information about you from third party sources (including social media service providers), but only where we have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. The types of information we collect from third parties include information about your online interaction with such parties and we use this information to monitor and analyse trends and usage, improve the quality our service and tailor your experience and recommend products and services that we think you’ll be interested in. WHO WE MAY DISCLOSE YOUR INFORMATION TO We may disclose your personal information to the following categories of recipients: 1. to our group companies, third party services providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Website; or to perform analytics in order to improve the quality of our services and enhance your experience), or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your personal information. The majority of our service providers operate within Europe, however sometimes they may send your personal information to the USA. A couple of examples of the service providers we use and why are set out below. If you want any more information, please do ask. Google assists us with our analytics and helps us to set advertisements that reflect your interests; Bronto assists us with sending out our email communications; and Facebook helps us to assess how effective our advertising is and also helps us to set advertisements that reflect your interests; 2. to any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person; 3. to help third parties display interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as purchasing through our sites, use of devices, apps or software, visiting sites that contain our content or ads, or interacting with our tools. We offer you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from us by opting out here. You will still see ads but unfortunately, they will not be personalised and therefore may not be relevant to you; 4. to an actual or potential buyer (and its agents and advisers) in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy; and 5. to any other person with your consent to the disclosure. LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA VISITORS ONLY) If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). An example of this is when we ask you to provide us with your university email address as we can’t verify that you’re a student without it. Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. Please have a look at our Cookie Policy if you are concerned about the how and why of the information collected through our use of cookies. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading above. HOW WE KEEP YOUR PERSONAL INFORMATION SECURE We use appropriate technical and organisational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Where you have chosen a password that allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your account log-in details, including your password, with anyone. We will not be liable for any unauthorised transactions entered into using your name and password. The transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Platform. DATA RETENTION We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. We will not keep personal information for longer than 2 years after your membership has expired, and we will always endeavour to anonymise information 6 months after we receive it. INTERNATIONAL DATA TRANSFERS Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country. Our Website servers, group companies and third party service providers and partners operate around the world. This means that when we collect your personal information we may process it in any of these countries. However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy. These safeguards are either (a) having the model clauses appended to the contract we have with the third party; or (b) the third party is in a country that has adequate data protection laws. AUTOMATED DECISION MAKING In some instances, our use of your personal information may result in automated decisions being taken (including profiling) that legally affect you or similarly significantly affect you. Automated decisions mean that a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. For example, we use automated decisions to, for example, choose how to order our custom tiles on our website for you. We have implemented measures to safeguard the rights and interests of individuals whose personal information is subject to automated decision-making, including removing such automated decision making upon a written request from a member. When we make an automated decision about you, you have the right to contest the decision, to express your point of view, and to require a human review of the decision. You can exercise this right by contacting us using the contact details provided under the “How to contact us” heading above. YOUR DATA PROTECTION RIGHTS You have the following data protection rights: If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided under the “How to contact us” heading above or alternatively you can access our right to be forgotten and subject access request forms here. Please note, that if you request us to delete your data you must uninstall our app (if you have been using this on your phone) to remove any residual data stored on your device". In addition, if you are a resident of the European Union, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided under the “How to contact us” heading above. As a recommendation service, we think it is really important that we send you communications about our products, services and promotional offers that we think may interest you, as we would hate to think you missed out on a discount with one of your favourite brands! However, you have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you or through your account settings. Please note that you cannot unsubscribe from certain email correspondence from us which is not for marketing purposes, such as messages relating to your account transactions or when we are required to email you about system updates or issues. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “How to contact us” heading above. Please note, that to opt out of receiving mobile push notifications from UNiDAYS, you can use your mobile device’s settings functionality to turn them off. Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here). We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. CHILDREN UNiDAYS is not intended for use by children under 16 years old. If you learn that your minor child has provided us with personal information without your consent, please contact us on help@myunidays.com. UPDATES TO THIS PRIVACY POLICY We may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When we update our Privacy Policy, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. COOKIES AND SIMILAR TRACKING TECHNOLOGY We use cookies and similar tracking technologies (collectively, “Cookies”) For more information about the types of Cookies we use, why and how you can control Cookies, please see our Cookie Policy. reCAPTCHA Terms Of Service You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data, and sending these data to Google for analysis. The information collected in connection with your use of the service will be used for improving reCAPTCHA and for general security purposes. It will not be used for personalized advertising by Google. Pursuant to Section 3(d) of the Google APIs Terms of Service, you agree that if you use the APIs that it is your responsibility to provide any necessary notices or consents for the collection and sharing of this data with Google. For users in the European Union, you and your API Client(s) must comply with the EU User Consent Policy. Google APIs Terms of Service Last modified: January 16, 2019 (see previous version) Thank you for using Google's APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other Google products or services, then the terms for those other products or services also apply. Under the Terms, "Google" means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Google" as "we", "our", or "us" in the Terms. Section 1: Account and Registration a. Accepting the Terms You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs. b. Entity Level Acceptance If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity). c. Registration In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Google will always be accurate and up to date and you'll inform us promptly of any updates. d. Subsidiaries and Affiliates Google has subsidiaries and affiliated legal entities around the world. These companies may provide the APIs to you on behalf of Google and the Terms will also govern your relationship with these companies. Section 2: Using Our APIs a. Your End Users You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms. b. Compliance with Law, Third Party Rights, and Other Google Terms of Service You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Google (or its affiliates). c. Permitted Access You will only access (or attempt to access) an API by the means described in the documentation of that API. If Google assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts. d. API Limitations Google sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Google's express consent (and Google may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Google API team for information (e.g. by using the Google developers console). e. Open Source Software Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Google for the applicable open source software. f. Communication with Google We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication. g. Feedback If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you. h. Non-Exclusivity The Terms are non-exclusive. You acknowledge that Google may develop products or services that may compete with the API Clients or any other products or services. Section 3: Your API Clients a. API Clients and Monitoring The APIs are designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT GOOGLE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE GOOGLE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Google accessing and using your API Client, for example to identify security issues that could affect Google or its users. You will not interfere with this monitoring. Google may use any technical means to overcome such interference. Google may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms. b. Security You will use commercially reasonable efforts to protect user information collected by your API Client, including personally identifiable information ("PII"), from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law. c. Ownership Google does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs. d. User Privacy and API Clients You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Google and third parties. Section 4: Prohibitions and Confidentiality a. API Prohibitions When using the APIs, you may not (or allow those acting on your behalf to): Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties. Perform an action with the intent of introducing to Google products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature. Defame, abuse, harass, stalk, or threaten others. Interfere with or disrupt the APIs or the servers or networks providing the APIs. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law. Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems). Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State. Remove, obscure, or alter any Google terms of service or any links to or notices of those terms. Unless otherwise specified in writing by Google, Google does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Google unless you have received prior written consent to such use from Google. b. Confidential Matters Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects. Our communications to you and our APIs may contain Google confidential information. Google confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Google's prior written consent. Google confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Google confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice. Section 5: Content a. Content Accessible Through our APIs Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy. b. Submission of Content Some of our APIs allow the submission of content. Google does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Google to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Google privacy policies, you give Google a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license. c. Retrieval of content When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user. d. Data Portability Google supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation. e. Prohibitions on Content Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs: Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party; Misrepresent the source or ownership; or Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material. Section 6: Brand Features; Attribution a. Brand Features "Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google. b. Attribution You agree to display any attribution(s) required by Google as described in the documentation for the API. Google hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Google's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Google Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Google's Brand Features, you must follow the Google Brand Features Use Guidelines. You understand and agree that Google has the sole discretion to determine whether your attribution(s) and use of Google's Brand Features are in accordance with the above requirements and guidelines. c. Publicity You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Google without Google's prior written approval. d. Promotional and Marketing Use In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Google products, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes. Section 7: Privacy and Copyright Protection a. Google Privacy Policies By using our APIs, Google may use submitted information in accordance with our privacy policies. b. Google DMCA Policy We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google's policy about responding to notices in our Help Center. Section 8: Termination a. Termination You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Google with prior written notice and upon termination, cease your use of the applicable APIs. Google reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you. b. Your Obligations Post-Termination Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Google Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Google may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API. c. Surviving Provisions When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10. Section 9: Liability for our APIs a. WARRANTIES EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. b. LIMITATION OF LIABILITY WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. c. Indemnification Unless prohibited by applicable law, if you are a business, you will defend and indemnify Google, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from: your misuse or your end user's misuse of the APIs; your violation or your end user's violation of the Terms; or any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users. Section 10: General Provisions a. Modification We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Google developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms. b. U.S. Federal Agency Entities The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto. c. General Legal Terms We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Google relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Google, please visit our contact page. Except as set forth below: (i) the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA. If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue. GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Copyright (C) This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. , 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License. Unisuper Member Online Terms and Conditions It is important that you read the Terms and Conditions set out below as you will be bound by them whenever you access, browse or use MemberOnline. These Terms and Conditions replace any other Terms and Conditions for MemberOnline previously published on this website or earlier versions of this website. Your use of MemberOnline is subject strictly to the following Terms and Conditions of use. By accessing, browsing or using MemberOnline you agree to the following Terms and Conditions. If you do not accept these Terms and Conditions, you will cease to be a Registered User of—and to have access to—MemberOnline. If there's anything in this document that you'd like to clarify or know more about, simply contact us in any one of these ways: Call Member Services on 1800 331 685 Write to us at: UniSuper, Level 1, 385 Bourke Street, Melbourne VIC 3000 Please also read: our Privacy Policy, which sets out how we collect, use and disclose personal or sensitive information about you, and the Disclaimer regarding information provided on MemberOnline. In these Terms and Conditions: Action means any instruction or direction made using MemberOnline including the submission of a form via MemberOnline. Member means a member of UniSuper as defined by the UniSuper Trust Deed. Password means the code that is used together with your Username to enable you access to MemberOnline. Registered User means a person who is registered by us to use MemberOnline; Trustee means UniSuper Limited, ABN 54 006 027 121 as Trustee of UniSuper. UniSuper Management means UniSuper Management Pty Ltd, ABN 91 006 961 799, Australian Financial Services Licence Number 235907. UniSuper means UniSuper Superannuation Fund, ABN 91 385 943 850. Username means the identification name which, in combination with your Password, enables you to access MemberOnline. We, our or us are references to UniSuper Management. You or your are references to Registered Users. MemberOnline 1. MemberOnline is owned and operated by UniSuper Management on behalf of the Trustee of UniSuper. 2. You acknowledge that all rights (including copyright), title and interest, including all intellectual property rights, in MemberOnline and its component parts are the sole and exclusive property of UniSuper Management. You must not engage in any conduct or use of MemberOnline in any manner that infringes the intellectual property rights of UniSuper Management or UniSuper. 3. You agree not to reproduce, frame, transmit, broadcast, adapt, distribute, modify, reverse assemble or reverse compile MemberOnline, or any of its component parts. You also agree not to reproduce or use any of the copyright material or trademarks displayed on MemberOnline. 4. The Trust Deed and superannuation legislation govern the operation and management of UniSuper and where there is a conflict between the contents or the information on MemberOnline and the Trust Deed (which encompasses the governing rules of the fund) the Trust Deed will prevail. Access and Use 5. You can only be given access to MemberOnline after completing the registration process. If your registration is accepted, you will be issued with a confidential Username and Password and you will be recognised as a Registered User. Your Username and Password are used in order to protect your UniSuper account and personal information security. 6. We reserve the right to refuse registration to any person at our discretion. We also reserve the right to deny or restrict a Registered User's access to MemberOnline or to certain functionalities on MemberOnline. 7. Access to MemberOnline is only permitted to you whilst you are a Registered User and hold a valid Username and Password. 8. You acknowledge and agree that you are responsible for ensuring that your Username and Password are kept confidential and not disclosed to any other person. 9. Your Username and Password will enable anyone who correctly uses them to access your UniSuper account information and carry out any Action for which designated user rights have been provided to you. Any Actions by a person who has accessed MemberOnline using your allocated Username and Password will be deemed to be made by you or with your authority. 10. If you believe that your Username or Password may have been compromised, lost or misplaced you must notify us immediately. You agree to provide us with all assistance we require in investigating any unauthorised use. 11. You further acknowledge and accept that we reserve the right to reissue a replacement Username and/or Password and take such other action that we consider reasonably necessary in order to protect the security of your account. 12. A person who is not a current Member may be accepted as a Registered User. This may occur when a UniSuper participating employer enters a person's details on UniSuper's systems in anticipation that a person will later become a Member. Neither the registration to use MemberOnline, nor the provision of access to MemberOnline, constitutes the acceptance of a person as a Member. There are two ways in which a person may become a Member: You meet the eligibility criteria, you have made an application to join UniSuper with the required form and we have accepted your application, or You meet the eligibility criteria, and your employer has signed a deed to participate in UniSuper and made contributions on your behalf. If you have not satisfied either of the above criteria, then it is unlikely that you are a Member and, therefore, you should not rely upon the information contained on MemberOnline in any way. 13. Your access to MemberOnline may be varied, suspended or cancelled at any time without notice or for reasons beyond UniSuper Management’s control. You agree that UniSuper Management or the Trustee will not be liable for any interruption, variation, suspension or cancellation of the website. 14. You can apply to cancel your registration for MemberOnline in writing at any time by email to enquiry@unisuper.com.au or mail to UniSuper, Level 1/385 Bourke St, Melbourne, Victoria, 3000. Cancellation will take effect when we revoke your status as a Registered User. We will confirm the revocation via your member communication preference specified on MemberOnline on the date of revocation 15. If you are redirected to a page on the UniSuper website when using MemberOnline, you will also be subject to the Terms and Conditions of use of the UniSuper website. 16. If you wish to use certain tools available on MemberOnline, including MemberOnline forms, you may be required to accept additional acknowledgements or Terms and Conditions prior to such use. 17. You must not introduce or spread any software contamination, including computer viruses and the like when using MemberOnline. 18. You must not use this website in a manner that breaches, or is likely to breach any law or relevant code of conduct or that infringes any person's rights, including any conduct that would require UniSuper Management or UniSuper or any of its directors, officers, employees and associates to remedy any loss or damage occasioned by such activity. Information provided on MemberOnline 19. You acknowledge that you have read and understood the Disclaimer regarding information provided on MemberOnline and agree to its terms. 20. You information provided on MemberOnline has been compiled in good faith by UniSuper Management but no guarantee is given regarding its reliability, timeliness, completeness or accuracy, including information provided by third parties. The information may be subject to change without notice. 21. The performance of the investments referred to on MemberOnline is not guaranteed by UniSuper Management, the Trustee or the relevant fund managers. The investments are subject to investment risk, delays in repayment, loss of income and loss of capital invested. Past performance is not an indicator of future performance. Liability and Indemnity 22. You enter into these Terms and Conditions at your own risk and solely in reliance upon your own judgment and not upon any information or representation made by UniSuper Management, the Trustee or their directors, officers, employees and associates. 23. You acknowledge and accept that UniSuper Management, the Trustee and their directors, officers, employees and associates will not be liable for any loss or damage arising from or any costs, charges and expenses incurred directly or indirectly in connection with your use of MemberOnline including: us acting in accordance with any Actions that appear to have been given by you, including any unauthorised or fraudulent Actions that occurred prior to you notifying us that your Username or Password may have been compromised, lost or misplaced unless we are aware of a fault in the operation of MemberOnline, or of an action by one or more of our employees that has caused an Action to incorrectly appear to have been given by you, any request made by you that we stop an Action from being processed, any failure to perform any function which we have indicated that it will perform (including any failure as a result of a disruption to any telecommunication service, power supply or internet connection) where outside of our reasonable control, any processing delays occurring as a result of any errors or omissions in an Action, any technical or service difficulties, including those caused to any computer equipment, software or data and those arising from data corruption, breaches of data security, defects in transmission or computer viruses and the reliance by you or any person acting on your behalf on the reliability, timeliness, completeness or accuracy of any information provided on MemberOnline. 24. To the extent permitted by law, our liability for breach of warranties implied by law is limited to re-supplying the functionality accessible through MemberOnline or the Action requested by you. 25. Neither UniSuper Management or the Trustee will be liable if you breach these Terms and Conditions or if your use of MemberOnline causes loss, damage or injury to you or another person or entity. You agree to indemnify UniSuper management and the Trustee and or any related entity from and against all such loss, damage, injury or expenses, (including legal expenses on a full indemnity basis) arising either directly or indirectly from a breach by you of these Terms and Conditions or from your use of MemberOnline. 26. UniSuper Management is not responsible for the content of any website which is owned by a third party that may be linked to MemberOnline, whether such a link is provided by it or by a third party. The links are provided as a courtesy only and no warranty is made by UniSuper Management concerning the suitability, accuracy or timeliness of the content of any site that may be linked to MemberOnline. In providing access to other websites, UniSuper Management is not recommending or endorsing any products or services offered by a third party. Jurisdiction 27. MemberOnline is provided for access and use by Registered Users who are Australian residents and located within Australia only. Any products and services provided by UniSuper Management are only available to Australian residents. 28. Any products and services provided and disputes arising out of the use of MemberOnline will be subject to the laws of the State of Victoria, Australia. Privacy of information 29. You acknowledge and agree that your use of MemberOnline is subject to the UniSuper Privacy Policy. 30. You acknowledge and confirm that all personal information that you provide to us via MemberOnline is correct. Where you have not updated your personal information, we will not be responsible for the accuracy or currency of that information. 31. UniSuper recognises the importance of protecting your personal information and we’re committed to complying with our privacy law obligations. 32. We collect your personal information to administer your account, improve our products and services and to provide you with, and promote, UniSuper membership benefits, services and products. You consent to our collecting sensitive information about you, where collecting that information is reasonably necessary for us to perform one or more of our functions or activities. We usually collect personal and sensitive information directly from you, however, it may also be collected from third parties, such as your employer. 33. We may also collect this information from you because we are required or authorised by or under an Australian law or a court/tribunal order to collect that information. 34. If you do not provide this information, we may not be able to administer your account, or provide you with a product or service. 35. We may disclose your information to any service provider we engage (for example mail-houses, auditors, insurers, actuaries, lawyers) to carry out or assist us to provide your membership benefits, services and products. This includes overseas entities. Where information is transferred overseas, we will seek to ensure the recipient of the data has security systems to prevent misuse, loss or unauthorised disclosure in line with Australian laws and standards. 36. Our Privacy Policy contains information about how you may access any personal information held by us, how to correct your information and how to make a complaint about a breach of the Privacy Act. Our Privacy Policy is available from our website at unisuper.com.au or by calling us on 1800 331 685. Amendment 37. We may at any time unilaterally, and without prior notice or consent by you, prospectively change, modify, add or remove any portion of these Terms and Conditions in whole or in part by; posting a notice on MemberOnline giving notice of a variation for a period of at least 30 days. Any subsequent access to, or use of, MemberOnline by you after the notice has been posted will constitute an acceptance of the variations, or providing you with a notice of a change in Member Online and requesting you to indicate your acceptance of the Terms and Conditions as varied. If you indicate acceptance, any subsequent use of, or access to, MemberOnline by you will be subject to the Terms and Conditions as varied. If you do not agree to the Terms and Conditions as varied, you will cease to have access to MemberOnline and cease to be a Registered User. 38. If any provision of these Terms and Conditions is unlawful, void or unenforceable for any reason, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of these Terms and Conditions will continue to be legal and enforceable. License Agreement for MAMP and MAMP PRO –––––––––––––––––––––––––––––––––––––––––––––––––– License Agreement for MAMP MAMP combines free software packages (like a Linux distribution). MAMP is totally free of charge. You can copy it under the terms of the GNU General Public License. But only the compilation of MAMP and the MAMP program itself is published under the GPL. The contained products may have different licences. Please check every single licence to get a summary of what is allowed and what not. GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS –––––––––––––––––––––––––––––––––––––––––––––––––– License Agreement for MAMP PRO Upon using (installing, downloading) the software, you declare that you consent to be bound by the conditions of the present Licensing Agreement. 1. Basic Principle The company MAMP GmbH (hereinafter referred to simply as the "Licensor"), in its capacity as developer of the MAMP PRO software, shall accord the party acquiring a valid end-user license, a simple, non-exclusive, personal right of use for the MAMP Pro software in accordance with the following provisions. 2. Scope of the Right of Use 2.1 Notwithstanding the application of differing rules in isolated cases, the Licensee shall be entitled to install the software on three computers (only to be used on one computer at a time). 2.2 Alternatively to Section 2.1, the Licensee shall be entitled to install the software on a network storage facility, such as a server computer or LAN device and to enable other workplace computers (PCs or other) to access and use the software via such private network. A separate license shall be necessary for each device which is to be accorded access to the software. 2.3 The Licensee is allowed to make the necessary back-up copies of the software. This shall particularly apply to a back-up copy of the installation data and the usual back-ups of the installation data, but not to installations on several computers for use by more than one user. The secure copies may only be made accessible to the extent required. 2.4 Subject to the exceptions set out in the Copyright Act (UrhG), the handbook and any other written documentation or instructional material which accompanies MAMP PRO may not be copied or duplicated. 2.5 Marks or indications which concern authorship, patent, company, name, trademark or other related rights, may not be removed, covered or in any other way completely or partially concealed by the customer from the software or any data medium supplied or accompanying documentation. 3. Transfer of License to Third Parties 3.1 The Licensee is entitled to transfer the license to a third party in full. The legal preconditions for doing so are as follows: 3.1.1 The license has been paid in full; 3.1.3 The third party consents in full to the present Licensing Agreement, 3.1.4 The third party has its domicile in a state in which handing over a data medium to the Licensor would constitute exhaustion of copyright or in which handing over a data medium fulfills the statutory requirements (§ 69 c Ziff. 3 UrhG). In the event of acquisition of the license in the EU or in the EEA, exhaustion of copyright shall result in all countries of the EU and the EEA. 3.2 The transferring party is required to delete any copies not handed over to the acquiring party. This obligation applies to backup copies of the overall system (images) in the event of carrying out a system restore. 4. Update- and Upgrade-Licenses 4.1 Update- and upgrade licenses are only valid in connection with the basic license with which they were accorded. They expire at the same time as the basic license. 5. Term, Termination with Valid Cause 5.1 To the extent that no time limit has been designated, the term of the license shall be open-ended. 5.2 In the event of valid cause, the Licensor shall be allowed to terminate the license. Valid cause shall in particular be constituted by a grave violation of the right of use hereby accorded, the unauthorized distribution or granting of public access to copies of the software or any other illegal distribution thereof. 6. Demonstration Versions 6.1 Downloading or acquiring a demonstration version does not lead to acquisition of a license within the meaning of a legal right of use. We only supply the software for test purposes within the framework of the rules applicable to the demonstration version, which can be revoked at any time. 6.2 To the extent not otherwise agreed, the user shall only be allowed to use the software for test purposes for a maximum time period of two weeks. Changes to the source code and circumvention of the technical restrictions built into the demonstration version are not allowed. 6.3 You are hereby notified that license management software may be included to automatically cause the software to cease functioning at the end of the trial period. 7. Miscellaneous 7.1 The Licensee is not authorized to rent out or sublet the software. 7.2 Should the software contain links to third party providers, then the Licensor shall provide these to you on a purely goodwill basis. The Licensor has no influence whatsoever over the content of these websites and bears no responsibility with regard hereto. The provider in question shall always bear any and all responsibility. 7.3 In the event that individual provisions of the present licensing agreement should be declared invalid, illegal null and void or unenforceable, the remaining provisions shall continue to retain their validity. 8. HockeyApp 8.1 The software uses the HockeyApp service of Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. Legal information on this can be found at https://azure.microsoft.com/de-de/support/legal/, the data protection regulations can be viewed at https://www.microsoft.com/de-de/privacystatement/OnlineServices/Default.aspx. 8.2 By submitting and analyzing crash reports only AFTER user approval, HockeyApp supports the development process of the software. As part of the crash reports the following technical data are collected: time stamp, country, operating system, app version, device type, crash data. No personal data will be transmitted to HockeyApp. 9. CloudFlare 9.1 The software uses functions of CloudFlare, Inc. 665 3rd St. #200, San Francisco, CA 94107, USA. CloudFlare offers a globally distributed content delivery network with a domain name system. When loading additional components, such as PHP packages, these are delivered by CloudFlare computers and not by the Licensor's servers. CloudFlare is thus able to analyze this communication in order to detect and fend off attacks on this function, for example. For this purpose, CloudFlare may store data on the Licensee's computer for optimization and analysis. This serves to safeguard the legitimate interests of the Licensor pursuant to Art. 6 para. 1 sentence 1 DSGVO. 9.2 Access data includes: Name of the retrieved file, date and time of the retrieval, transferred data volume, notification of successful retrieval, software type and version, the user's operating system, IP address and the requesting provider. Cloudflare uses the protocol data for statistical evaluations for the purpose of operation, security and optimization of the offer. No personal data will be transmitted to CloudFlare. 9.3 The Licensor has concluded a corresponding agreement for order processing on the basis of the DSGVO. Cloudflare is a certified participant of the EU-US Privacy Shield Framework and has committed itself to handle all personal data received from member states of the European Union (EU) in accordance with the Privacy Shield Framework and its applicable principles. For more information about the Privacy Shield Framework, see the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov. Cloudflare collects statistical data about the visit of this website. At CloudFlare you will find information on the data collected at https://blog.cloudflare.com/what-cloudflare-logs/, on security and data protection at https://www.cloudflare.com/security-policy. 10. LIMITATION OF LIABILITY 10.1 IN NO EVENT SHALL THE LICENSOR OR ITS AGENTS, CONSULTANTS, CONTRACTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE, WHETHER IN CONTRACT, TORT, WARRANTY OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER STATUTE OF SIMILAR IMPORT) OR ON ANY OTHER BASIS FOR SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE POSSESSION OR USE OF, OR THE INABILITY TO USE, THE SOFTWARE OR DOCUMENTATION, EVEN IF AB SCIEX IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM OR RELATED TO LOSS OF USE, LOSS OF DATA, DOWNTIME, OR FOR LOSS OF REVENUE, PROFITS, GOODWILL OR BUSINESS OR OTHER FINANCIAL LOSS. IN ANY CASE, THE ENTIRE LIABILITY OF AB SCIEX AND ITS AGENTS, CONSULTANTS, CONTRACTORS AND SUPPLIERS UNDER THIS LICENSE, OR ARISING OUT OF THE USE OF THE SOFTWARE, SHALL NOT EXCEED IN THE AGGREGATE THE PURCHASE PRICE OF THE LICENSE OR LICENSES TO THE SOFTWARE. SOME STATES, COUNTRIES OR JURISDICTIONS LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AS OR TO THE EXTENT SET FORTH ABOVE, OR DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED. IN SUCH STATES, COUNTRIES OR JURISDICTIONS, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE MAY NOT APPLY TO YOU. HOWEVER, ALTHOUGH THEY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION. THE LICENSOR MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR DOCUMENTATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR THAT THE SOFTWARE OR DOCUMENTATION IS NON-INFRINGING. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LICENSOR MAKES NO WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL CONFORM EXACTLY TO THE DOCUMENTATION, OR THAT THE LICENSOR WILL CORRECT ALL PROGRAM ERRORS. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. –––––––––––––––––––––––––––––––––––––––––––––––––– License Agreement for Dropbox SDK Copyright (c) 2015-2016 Dropbox Inc., http://www.dropbox.com/ Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. –––––––––––––––––––––––––––––––––––––––––––––––––– Last amended: 2019/02/11 Tracking activity on our website -- We track how our sites are used by both anonymous visitors and registered users who interact with the site. One way we track is by using "cookies." A cookie is a small file or string of text on the site user's computer that is used to aid Web navigation. Two types of cookies are commonly used. A session cookie is created by a website when that website is accessed; that type of cookie is automatically deleted by closing the Web browser. A persistent cookie is a cookie that is stored on the hard drive of the user’s computer for a period of time chosen by the website that set the cookie, usually for a number of years, unless the user deletes it manually. This policy distinguishes between short-lived cookies and long-lasting cookies. Short-lived cookies include all session cookies and those persistent cookies that are set to be stored for no more than one week. AMA-related websites may at times require users to accept short-lived cookies in order for the websites to function properly. Long-lasting cookies may be used on the site to track visitor practices to help determine which site features and services are most important and guide editorial direction. Other long-lasting cookies may make it possible for the user to access the site without requiring entry of a user name or password, allow the user to view different restricted areas of the site without reregistering, allow the user to personalize the site for future use and provide other features and benefits. Users who do not desire the functionality created by the long-lasting cookies can disable the long-lasting cookie function by disabling the long-lasting cookie function on their Web browser. Individuals can opt out of long-lasting cookie functions at any time. Another way interactions with our sites are tracked is by leveraging HTML5 web storage within the user’s browser (also known as local storage). Local storage is used to track the topics of information they view on the website. This information is used to provide a more personalized experience. Users who do not desire their local storage to be used may choose to adjust their web browser settings to disable local storage. This option is taken in some browsers by disabling the use of cookies. Blocking or rejecting cookies may prevent access to some features of the website. We also collect unique device identifiers and geolocation data related to devices that access the site, for use in analyzing visitor’s practices and preferences. At this time, AMA’s websites do not recognize automated browser signals regarding tracking mechanisms, which may include “do not track” instructions. Activation of cookie blocking or Do Not Track settings in your browser, or other mechanisms that block cookies or other tracking technologies, will not affect the collection or use of personal information as outlined elsewhere in this Privacy Policy. Cookies are essential for site administration and security. Another way we track site activity is by using transparent electronic images called "clear GIFs," "Web bugs," or "Web beacons" on Web pages. These images count the number of users who visit a page from via links in an ad, an article or an email. A similar image, sometimes called a "spotlight tag," is used on Web pages where transactions take place. The spotlight tag collects numeric information, such as the dollar amount of an online purchase, to help us understand site usage and performance. We do not use any of these electronic images to collect personally identifiable information. HOW DOES GeeksforGeeks USE COOKIES? A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time. Most browsers support cookies, but users can set their browsers to decline them and can delete them whenever they like. If you use GeeksforGeeks, both GeeksforGeeks and third parties will use cookies to track and monitor some of your activities on and off GeeksforGeeks, and store and access some data about you, your browsing history, and your usage of GeeksforGeeks. This policy describes how both GeeksforGeeks and other third parties use cookies both within and without GeeksforGeeks and how you can exercise a better control over cookies. Please keep in mind that this may alter your experience with our platform, and may limit certain features (including being logged in as a user). General Browsing: We use cookies that are important for certain technical features of our website, like logging into user accounts and implementing fixes and improvements to our platform. These cookies help us: Remember users’ custom preferences and help create more useful products Allow users to opt out of certain types of modeling, tailoring, or personalization in our products Collect information on our users’ preferences in order to create more useful products Cookies can also be used for online behavioural target advertising and to show adverts relevant to something that the user searched for in the past Advertising: We use cookies to enable advertising with our third-party Partners, which in turn allows us to provide many of our services free of charge. These cookies: Customize the ad experience for our users, including tailoring job and display ads to the technologies a person has previously looked at, the communities a person has visited, and the job ads a person has already seen Allow direct communication between a 3rd party partner who hosts a promotional event with us, and users who have opted into the promotion Allow us to track when a GeeksforGeeks user sees or clicks on an ad or later visits a third-party website or purchases a product on a third-party website Collect impressions and click data for internal reporting and product optimization Analytics: We use cookies to compile usage activity in order to better cater our Products and Services offerings to you, and to third parties. We DO NOT share identifiable “raw” data with our clients or any third parties, however we do make high-level decisions based on aggregated data about your usage of our Products and Services. These cookies: Monitor site traffic and behavior flows of users Measure the effectiveness of on-site products Measure the effectiveness of off-site marketing campaigns and tactics WHAT INFORMATION IS COLLECTED ON ME VIA COOKIES? In general, we collect most data from you via form submission. However, there are cases when visiting our site and/or using our platforms in which we may receive certain information through the use of cookies. This data will generally not include personally identifying information about you. Unique identification tokens User preferences Third Party Cookies The use of cookies, the names of cookies, and other cookies related cookies technology may change over time and GeeksforGeeks will make all reasonable efforts to notify you. Please also note that companies and other organization that sponsor pages on GeeksforGeeks may use cookies or other technologies to learn more about your interest in their products and services and in some cases to tailor such products and services to you. HOW DO I RESTRICT COOKIES? Please note that GeeksforGeeks may not work properly and you may have diminished functionality if you wish to opt-out of certain cookies. If you decide that you do not want cookies to be set on your device by our third-party Partners, you can adjust the settings on your internet browser and choose from the available Cookies setting to best meet your preferences. While setting options may vary from browser to browser, you can generally choose to reject some or all cookies, or instead to receive a notification when a cookie is being placed on your device. For more information, please refer to the user help information for your browser of choice. Please keep in mind that cookies may be required for certain functionalities, and by blocking these cookies, you may limit your access to certain parts or features of our sites and platforms. Finally, while cookies are set for varying durations on your device, you can manually delete them at any time. However, deleting cookies will not prevent the site from setting further cookies on your device unless you adjust the settings discussed above. CONTACT US If you have any questions, comments, or concerns regarding this Cookies Policy, please contact GeeksforGeeks at: support@geeksforgeeks.org Privacy Policy Application Privacy Statement We Sanchhaya Education Pvt. Ltd., are registered and headquartered at BC 227, 2nd Floor, Matrix Business Tower, B4, Sector 132, Noida, UP-201301, hereinafter referred to as GeeksforGeeks. We also offer paid Courses managed by Sanchhaya Classes Pvt. Ltd. with registered office address B-142, Vishwash Park, Uttam Nagar, New Delhi, North Delhi, Delhi, India, 110059. At GeeksforGeeks, we value your trust & respect your privacy. This privacy statement (“Privacy Statement”) applies to the treatment of personally identifiable information submitted by, or otherwise obtained from, you in connection with the associated application (“Application”). The Application is provided by GeeksforGeeks (and may be provided by Geeksforgeeks on behalf of a GeeksforGeeks licensor or partner (“Application Partner”). By using or otherwise accessing the Application, you acknowledge that you accept the practices and policies outlined in this Privacy Statement. Information Collection and Use Log Files Like many other Web sites, GeeksforGeeks may receive and store any information you submit to the Application (or otherwise authorize us to obtain – such as, from (for example) your Facebook account). These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable. Cookies and Web Beacons GeeksforGeeks uses cookies and browser’s local storage to store information about visitors’ preferences, to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize our web page content based upon visitors’ browser type or other information that the visitor sends via their browser. DoubleClick DART Cookie → Google, as a third party vendor, uses cookies to serve ads on GeeksforGeeks. → Google’s use of the DART cookie enables it to serve ads to our site’s visitors based upon their visit to GeeksforGeeks and other sites on the Internet. → Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL – http://www.google.com/privacy_ads.html Our Advertising Partners Google Yahoo! Publisher Network BuySell Ads While each of these advertising partners has their own Privacy Policy for their site, an updated and hyperlinked resource is maintained here: Privacy Policies. You may consult this listing to find the privacy policy for each of the advertising partners of GeeksforGeeks These third-party ad servers or ad networks use technology in their respective advertisements and links that appear on GeeksforGeeks and which are sent directly to your browser. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by our site’s third-party ad networks to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on the site. GeeksforGeeks has no access to or control over these cookies that are used by third-party advertisers. We collect the following types of information from our users: GeeksforGeeks uses the information described in this Privacy Statement (i) internally, to analyze, develop and improve its products and services, and (ii) as set forth below in the “Personal Information Sharing” section below. Application Partner Treatment GeeksforGeeks may provide personal information to the applicable Application Partner. The Application Partner’s use of your personal information is subject to the Application Partner’s separate privacy policy – and not this Privacy Statement. The Application Partner’s privacy policy is linked to from within the Partner’s Application. Personal Information Sharing Personal information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone (with the exception of sharing your information with an applicable Application Partner – see the “Application Partner Treatment” section above). We share your personal information only as described below. Application Partners: We will share your personal information with an applicable Application Partner (see the “Application Partner Treatment” section above). Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, GeeksforGeeks’ agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes. Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if GeeksforGeeks, or substantially all of its assets were acquired, or in the unlikely event that GeeksforGeeks goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of GeeksforGeeks may continue to use your personal information as set forth in this policy. Protection of GeeksforGeeks and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of GeeksforGeeks, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information. Communications We may use your Personal Information to contact you with newsletters, marketing or promotional materials Third Party Applications The Application may permit you to link to other applications or websites. Such third party applications/websites are not under GeeksforGeeks’ control, and such links do not constitute an endorsement by GeeksforGeeks of those other applications/websites or the services offered through them. The privacy and security practices of such third party application/websites linked to the Application are not covered by this Privacy Statement, and GeeksforGeeks is not responsible for the privacy or security practices or the content of such websites. Children’s Information We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity. Our site and the services available through GeeksforGeeks are not intended for children under the age of 13. GeeksforGeeks does not knowingly or specifically collect information about children under the age of 13 and believes that children of any age should get their parents’ consent before giving out any personal information. We encourage you to participate in your child’s web experience. What Personal Information can I Access? GeeksforGeeks allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list may change in the event the Application changes. – Account and user profile information – User e-mail address, if applicable – Facebook profile information, if applicable – User preferences – Application specific data For EU and EEA Users in Compliance with GDPR: Analytics We use Google Analytics on our website to: Monitor site traffic and behavior flows of users Measure the effectiveness of on-site products Measure the effectiveness of off-site marketing campaigns and tactics Google has developed the Google Analytics opt-out browser add-on; if you want to opt out of Google Analytics, you can download and install the add-on for your web browser here. Advertising We display Non-Personalized ads to our EAA users. Non-Personalized ads will use only contextual information, including coarse general (city-level) location, and content on the current site or app; targeting is not based on the profile or past behavior of a user. Mobile-Application We display Non-Personalized ads in our mobile app as well. We do not store or process any data regarding our users to target or profile them without their consent. We use Fabric for our reporting of Application crashes and Analytics. For more information on their Terms of Use and Privacy Policy, click here. In case any user wants to access their Right to erasure, please feel free to contact us by email at GeeksforGeeks. Online Privacy Policy Only This privacy policy applies only to our online activities and is valid for visitors to our website and regarding information shared and/or collected there. This policy does not apply to any information collected offline or via channels other than this website. Update This Privacy Policy was last updated on: Friday, May 25th, 2018. If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at GeeksforGeeks. Should we update, amend or make any changes to our privacy policy, those changes will be posted here. Cookie Policy MAGICapp Terms of Service All anonymous views of public guidelines must read and agree to the terms of service. Effective Date: 1.Nov, 2013 Welcome to MAGICapp: a digital guideline platform MAGICapp is an authoring and publication platform. Viewers can read, Authors and Organizations can create and publish content. Below are our rules and regulations for use, commonly known as Terms of Service Most importantly... we need you to understand that everything you do, post, write and publish on our platform is your own sole responsibility. The MAGIC organization is not responsible for any of the content added to the MAGICapp. As a reader of content you need to remember that guidelines and other pieces of evidence are only written information and guidance, and although we and the authors of the content strive to make both the content correct and the service error free you should always use your own sound medical, professional and personal judgement when using the content in practice. The content is no substitute for individual patient assessment based upon a healthcare provider's examination of each patient and consideration of available facts and other factors unique to the patient. Remember that standards and practices in medicine change and new data constantly becomes available. You should consult a variety of sources and when prescription of medications is involved, the user is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications. First a little information about the MAGIC organization, MAGICapp and who we are We, the MAGIC, Making Grade the Irresistible choice non-profit organization, (hereinafter "MAGIC" and "we"), have developed the application "MAGIC authoring and publication platform" or MAGICapp (hereinafter "MAGICapp" and "the Service" ) which can be found at app.magicapp.org. The MAGICapp is a collaboration tool for developers of GRADE related content (like medical guidelines and Evidence profiles, hereinafter "content") to plan, author and publish their content. It is a tool to make the process of developing trustworthy guidelines and other pieces of knowledge using the GRADE methodology easier for both administrators, authors, reviewers, publishers and implementers. MAGICapp aims to improve the way this content is presented to the end user, using research results from the MAGIC research project and in close collaboration with EU funded DECIDE project. As the MAGICapp will provide us with insight into what makes content development, presentation and implementation successful, we also consider the MAGICapp a valuable research tool. For more insight into our research, visit www.magicproject.org. We invite you to access our web sites and use the MAGICapp Service, but please note that your invitation is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the Service, so please review these Terms carefully. What Are The Terms of Service? The Terms of Service constitutes a contract between us. The Terms include the provisions set forth in this document and in the MAGICapp Privacy Policy, User Guidelines, and other terms or conditions that may be presented to you from time to time in connection with specific Service offerings (all of which we collectively refer to as the "Terms of Service" or "Terms"). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do use our Service, your use shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of your Account Information and your content in accordance with such Privacy Policy. What Is The MAGICapp Service? The MAGICapp Service consists of MAGICapp Software (as defined below), and other related products, services and web sites hosted or made available by MAGIC, which enable you to do many fantastic things on multiple computer devices and systems (collectively, the "Service"), including author, publish and read medical guidelines and evidence profiles. Everything you add to your own or affiliated accounts in the Service is collectively defined as "content", including, but not limited to, guidelines and evidence profiles. In exchange for being enabled to use the Service, you agree to abide by these Terms. If This Is A Contract, Who Are The Parties? You are one party to the contract. The other party to this contract is MAGIC- Making Grade the Irresistible choice , the non-profit organization, developed alongside the MAGIC research program. The MAGIC non-profit organization is headquartered in Oslo, Norway. The MAGIC non-profit organization may be referred to in these Terms of Service as "MAGIC", "we" and sometimes "us", while the MAGICapp service may be referred to as "MAGICapp" or the "Service". Is This The Only Contract I Have with MAGICapp? It depends on how you use our Service. If you install any MAGICapp Software on your computing devices, you may be asked to agree to an end user license agreement. If you use related MAGICapp products or services, such as MAGICapp Administration account, or participate in our User Forum, you may also need to enter into a separate agreement (usually by clicking "accept" or "agree") with us. We refer to each of these as a "Separate Agreement." If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and these Terms, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement. Will These Terms Of Service Ever Change? Changes in these Terms are almost certain to happen, due to changes in our Service and the laws that apply to us and you. If we make a change, we'll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We'll announce changes here at our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change. If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service (see "How is My Account Closed" below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose. What Do I Have To Do To Use MAGICapp as an unregistered user? We restrict access to certain parts of our Site to users who have registered with us, but you may opt to use the MAGICapp services as an unregistered user. Note that you will not be able to access subscription-based guidelines, nor participate in administering, authoring or reviewing of guidelines as an unregistered user.To use MAGICapp as an unregistered user you have to accept these Terms, but no other action is needed from you. You are free to access any open access content published by our users. Although you may use MAGICapp with only a web browser, in order to better use MAGICapp on a variety of computing devices, you might need to install a client software or a direct link on your computers, tablets and phones. Sorry, but obtaining those devices and paying for their connectivity and data plans is your responsibility. MAGIC also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service. What Do I Have To Do To Use MAGICapp as a registered user? We restrict access to certain parts of our Site to users who have registered with us. First, you need to create an MAGICapp account. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You create an account by providing us with an acceptable username and email address, and creating a password. We refer to this as your "Account Information." We encourage you to use a distinct and non-obvious email, display name and password combination, ideally one that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private content, you should immediately change your password and notify our Customer Support team. Second, although you may use MAGICapp with only a web browser, in order to use MAGICapp on a variety of computing devices, you might need to install a client software on your computers, tablets and phones. Sorry, but obtaining those devices and paying for their connectivity and data plans is your responsibility. MAGIC also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service. Once I Have An Account, What Are My Rights In MAGICapp? Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the MAGICapp Software provided to you by or on behalf of MAGIC, for the sole purpose of enabling you to use the MAGICapp Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the MAGICapp Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in MAGIC, MAGICapp or the Service. Who is responsible for the content on MAGICapp? You understand that MAGIC is not responsible for any content residing on MAGICapp servers that has been submitted, posted or displayed by any of our users. All Content that are published through MAGICapp are published through User accounts or Guideline Administration Accounts. The owner of these accounts are fully responsible for the Content, including Guidelines and evidence profiles, affiliated with their account. Guideline administrators and users are given the possibility to issue their own disclaimers belonging to their content.Although MAGIC does not peer review, oversee or quality approve any content published on our sites, we believe the content made using our services will increase the likelihood of the production of high quality content and high quality trustworthy guidelines. This is achieved through our commitment to the GRADE methodology (www.gradeworkinggroup.org) and our efforts to guide authors through the content making process in a structured way. My content Is Mine, What Does That Mean? You retain copyright and any other rights you already held in your content before you submitted, posted or displayed it on or through the Service. But you do have to grant MAGIC a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, MAGIC acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your content. Using our test or demo content You understand that any Test guideline or Demo guideline you will get access to is purely for the benefit of helping you understand how this application work, see the features available and learn how to use them. Test and Demo content must not under any circumstances be used to treat patients or make any sort of decisions. MAGICapp is based on the GRADE methodology - what does that mean? Our platform is set up to be able to author and publish guidelines and other content using the GRADE methodology. The GRADE methodology has been and continue to be developed through a collaborative working group consisting of guideline developers. See www.gradeworkinggroup.org for more information. By agreeing to these Terms of Service you understand that neither MAGIC, nor the GRADE working group, are responsible for your application, use or understanding of the GRADE methodology. You furthermore understand that we will strive to keep our application of the GRADE methodology in the MAGICapp up to date with the latest changes to the methodology, but we cannot promise this will always be the case. We have based the application on our understanding of GRADE and you will have to accept that it might not always be the way you or others understand it. The supporting information, FAQ and suggestions will ideally be taken from the official GRADE material, but in instances that is not possible we will have to produce our own material. All the material you have access to, supporting information, FAQ and suggestions, both from MAGIC and from the GRADE working group are only offered as a help and by accepting these terms you understand that you use them at your own discretion. Using Statistical help and auto-Calculations Part of the GRADE methodology is based on reliance on statistical calculations and the generation of tables and graphics. Although we will do our best for preventing it from happening, you understand that we are not liable for computing errors, bugs or miscalculations in our systems. You should always use your common sense and double check all numbers before publishing. As a reader of the content you understand that you should always use your own sound medical, professional and personal judgement when using the content in practice. The content is no substitute for individual patient assessment based upon a healthcare provider's examination of each patient and consideration of available facts and other factors unique to the patient. Also remember that although most authors of the public content strive to keep it up to date, standards and practices in medicine change and new data constantly becomes available. You should consult a variety of sources and especially when prescription of medications is involved, you are advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications. What Is The License I Have To Grant To MAGICapp? In order to enable MAGIC to operate the Service, we must obtain from you certain license and other rights to the Content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your Content doesn't infringe applicable copyright and other laws. This means that by using the Service and uploading Content, you grant MAGIC a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers) and reproduce such Content to enable MAGIC to operate the Service. You also agree that MAGIC has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Content is stored with us), and include a right for MAGIC to make such Content available to, and pass these rights along to, others with whom MAGIC has contractual relationships related to the provision of the MAGICapp Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Content to third parties if MAGIC determines such access is necessary to comply with its legal obligations. If you elect to use any third party service or application that is integrated with MAGICapp, you also agree that the licenses granted to MAGIC in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant MAGIC the right and license to enable such access to your Content. Inasmuch as we rely upon your rights to upload and distribute your Content, you represent and warrant to MAGIC that you have the unfettered legal rights and authority to submit your Content to MAGICapp, and to make any publication or other distribution of that Content in your use of the Service. You also represent to us that, by submitting Content to MAGICapp and granting MAGIC the rights described in these Terms, you are not infringing the rights of any person or third party. Finally, you understand and agree that MAGIC, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks. Are There Rules About What I Can Do On MAGICapp? Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of MAGICapp, you agree that you are responsible for your own conduct and all conduct under your account. This means all Content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, "Content") – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with MAGICapp. You may not use our Services: to send, knowingly receive, upload, download, use or re-use any Academic Papers without authorization. You may perform these actions only if you are the copyright owner, have the copyright owner's permission, are permitted to do so under your publishing agreement or your institution's license agreement or under license from an Open Access database or under a Creative Commons license. in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or that advocates, promotes or assists any unlawful act, or that may deceive any person or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence or that may be harmful to a user; in any way that is defamatory of any person, obscene, offensive, hateful or inflammatory;e) in any way that promotes sexually explicit material, violence, or discrimination of any kind; in any way that infringes any copyright, database right, trade mark or other intellectual property right of any other person;g) in any way that is threatening, abusive or invades another's privacy, or is likely to harass, upset, embarrass, alarm or annoy any other person;h) to impersonate any person, or to misrepresent your identity or affiliation with any person;i) to upload, post, email, message, transmit or otherwise make available or initiate any content that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", "market research", or any other form of solicitation whether it be for commercial or non-commercial purposes. This prohibition includes but is not limited to using MAGICapp invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; using MAGICapp to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.k) Unless you have express prior written permission, you may not use any spider- or bot-like system, software or other device or program (whether automated or otherwise) to extract content, data, information or other material from the Site. You also agree: Not to access without authority, interfere with, damage or disrupt: any part of our Site. any equipment or network on which our Site is stored. our Software or any software used in the provision of our Site. any equipment or network or software owned or used by any third party. to use our Services only for medical guideline and GRADE related activities (e.g, not to store your personal collection of movies, music and other large file types unrelated to your medical guideline and GRADE related activities). Will MAGIC Look At My Content? Your privacy in your Content is a paramount concern for us, and we hope that we never need to examine anyone's Content. However, there are limited circumstances in which we may have the need to review part or all of your Content, as discussed in our Privacy Policy. Will Anyone Else See My Content? Except as described here and in our Privacy Policy, unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see your Content without your consent. Of course, if you, or your institution, do elect to publish or share any portion of your Content, then you could be enabling each of those permitted users to access, use, display, perform, distribute and modify your Content (subject to any understandings or agreements you and such users may work out without MAGIC's involvement). In addition, MAGICapp enables you to use a variety of third party services and applications that interact with the Service and your Content, and you should review the access rights you provide to those services or applications, as you may enable them to access your Content through your agreements with those parties. I'm Guessing MAGIC Has Some Rights Relating To The Service? We do. They're described here: Content Rights While you, or your institution, own the Content you store with MAGICapp, you acknowledge and agree that MAGIC (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on MAGICapp's servers and all software deployed by you or a third party to enable clipping of Content originating at another party's web site, such as Epistemonikos, Mendeley, PubMed or any of the MAGICapp software applications for compatible computing devices that enable access and use of the Service through such device. Intellectual Property Rights In agreeing to these Terms, you also agree that the rights in the Service and MAGICapp Software, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any MAGICapp Software, unless you are expressly permitted to do so under an open source license or we give you express written permission. Right to Modify the Service We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any MAGICapp Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the free MAGICapp service, you will not enjoy all of the benefits provided to subscribers of the MAGICapp Guideline Administration service. You also acknowledge that a variety of MAGICapp actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that MAGICapp has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for MAGICapp Guideline Administration service and find that any such modifications or interruption of the Guideline Administration Service adversely affects you, you may notify us, explain the adverse impact the modification has created and, if you desire, request a termination of your Guideline Administration Service Subscription. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Guideline Administration Service subscription for a period of time equal to the interruption and/or refund a portion of your Guideline Administration Service subscription fee equal to the remaining unused term of the Administration Service subscription, as we determine appropriate. Right to Engage Third Parties MAGIC may from time to time engage certain affiliates or other third parties to provide technical or other services relating to all or part of the Service to you, and you hereby agree that such third party involvement is acceptable. Right to Use Third-Party Software MAGICapp may from time to time include as part of the Service and MAGICapp Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software in our FAQ. MAGIC expressly disclaims any warranty or other assurance to you regarding such third party software. Right to Update Our Software In connection with any modification of the Service, MAGICapp may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. MAGICapp will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), MAGICapp may require you to install the update to continue accessing the Service. In all cases, you agree to permit MAGICapp to deliver these updates to you (and you to receive them) as part of your use of the Service. Do These Terms Apply To Users of MAGICapp Guideline Administration accounts? A MAGICapp Guideline Administration account is needed to plan, develop and publish guidelines. If you are participating in the development of a guideline, including, without limitation, being administrator, author and/or reviewer/ viewer, you are using the Service for guideline development as part of an MAGICapp Guideline Administration account, and the use of the Service is governed by these Terms, except where the Separate Agreement governing the MAGICapp Guideline Administration account provides conflicting terms. A User who creates a MAGICapp Administration account enters into such a Separate Agreement on behalf of the users of the MAGICapp Guideline Administration account and has the responsibility to share the terms of such Separate Agreement with each Guideline Administration account user. Please review the contract terms applicable to your use of the Service with the ones responsible for the MAGICapp Guideline Administrator accounts you are affiliated with. If you are participating in guideline development as a user of an MAGICapp Guideline Administration account, you should know that the Administrator of the MAGICapp Guideline Administration account has rights to restrict your access to the Content contained within the MAGICapp Guideline Administration account and also has rights to access, reproduce, distribute and otherwise affect, and impose additional rules regarding, such Content. However, the Administrator is not provided any information about any personal MAGICapp account you may have (we will not tell them), with the exception of your existence in the system and your contact information. None of your rights in your personal account are affected if you also have access to guidelines in an MAGICapp Administration account, and the Content in your personal account is not accessible, or otherwise affected, by the Administrator. How Does MAGIC Respond To Copyright Or Other Intellectual Property Violations? We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and MAGIC does not accept any obligation to take any particular action to enforce or protect any party's intellectual property rights. Can Kids Use MAGICapp? MAGICapp is not currently directed to children and we expect that use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. Where Does My Data Go? The MAGICapp Service is available worldwide, but our data processing operations take mainly place in the United States, through the use of Amazon web servers. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks hosted by MAGICapp and third parties located in California and other locations in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions. How Is My Account Closed? You may close your account with our Service at any time, for any reason (or no reason), and you don't even have to give us notice. However, if you desire to deactivate your account you need to take certain specific steps, which are described here. MAGIC may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for MAGIC suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity (determined in MAGIC's sole discretion), (iii) your nonpayment of any fees or other sums due MAGIC or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (vi) unexpected technical or security issues or problems. In most cases, in the event we elect to close your account , we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on MAGICapp's servers (unless we determine that we are legally prohibited from enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account. What Happens To My Account When I Die? MAGIC's pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. If I Have A Great Idea To Share With MAGIC, What Are My Rights? When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to MAGIC through the "Contact Us," User Forum or Support interfaces or through any other mechanism (collectively, "Contributions"), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) MAGIC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) MAGIC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) MAGIC may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of MAGIC without any obligation of MAGIC to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from MAGIC under any circumstances. Does MAGICapp Serve Ads? Our business model is to make the Service so valuable that guideline organization will opt to pay for a Administration Service. However, we may opt to display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. These messages may promote MAGICapp products and services, demonstrate various uses of our Service and promote certain third party applications and services that work with MAGICapp. We will pledge to you that we will not engage in any data mining of your information or Content in order to target advertising at you. Inasmuch as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers. What Else Do I Need To Know? Third-Party Links We may include or recommend third party resources, materials and developers and/or links to third party websites and applications as part of, or in connection with, the Service. We have no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. Indemnity You agree to indemnify and hold MAGIC, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder. The Service Is Available "As Is." YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAGIC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAGIC DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAGIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAGIC, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, HEALTH, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF MAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, Content OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; MAGIC'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; ANY ADVERTISING Content OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE. Exclusions and Limitations NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. If MAGIC Has To Send Me Notice Of Something, How Will That Happen? This is another reason why it's important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email, regular mail or postings on the web site(s) related to the affected Service. How Can I Send A Notice to MAGIC? Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to MAGIC or MAGICapp must be delivered by our feedback service or in special cases email to legal AT MAGICapp DOT org. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider): MAGIC c/o Linn Brandt Thor Olsens gt 10 0177 Oslo Norway Attention: Legal Notice Are There Countries Where I'm Not Allowed To Use MAGICapp? You may not use or otherwise export the Service or any MAGICapp Software except as authorized by Norwegian law and the laws of the jurisdiction in which the Service is hosted and accessed by you, or where your use any of the MAGICapp Software. What Law Applies To My Use Of MAGICapp? These Terms and the relationship between you and MAGIC (including any dispute) shall be governed in all respects by the laws of Norway. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. What Do I Do If I Think I Have A Claim Against MAGIC? Let us Know About Your Complaint We want to know if you have a problem so we encourage you to contact our Customer Support team through our feedback forum if you have any concerns with respect to the operation of the Service or any MAGICapp Software, as we want to ensure that you have an excellent experience. Initiating a Formal Claim If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved exclusively by the processes set forth in these Terms. MAGIC provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against MAGIC in any other manner, you shall be in violation of these Terms and you agree that MAGIC shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse MAGIC for its reasonable costs incurred in defending against such improperly initiated claim. You agree that, prior to initiating any formal proceedings against MAGIC, you will send us a notice to our attorneys at legal AT MAGICapp DOT org and state that you are providing a "Notice of Dispute." Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. Except where our dispute is being resolved pursuant to an arbitration (as provided below), you agree that any claim or dispute you may have against MAGIC must be resolved exclusively by a official court located in Oslo, Norway. You agree to submit to the personal jurisdiction of the courts located within Oslo, Norway for the purpose of litigating all such claims or disputes. Alternative Dispute Resolution Process Unless you are subject to the Arbitration Agreement set out below, if a claim arises between you and MAGIC where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This "Alternative Dispute Resolution Process" shall be initiated by either party sending notice to the other, in which event you and MAGIC agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the "Arbitration Manager") according to the following requirements: neither party shall be required to attend any proceeding in person the proceeding will be conducted via written submission telephone or online communications or as otherwise agreed upon the fees for the Dispute Manager will be borne equally by the parties or be submitted to the Dispute Manager to determine as part of the dispute and the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement. Arbitration Agreement You and MAGIC agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors' intellectual property rights - shall be sought resolved through final and binding arbitration, rather than in court. Our arbitration proceedings would be conducted by the Norwegian legal system, under its rules and procedures applicable at that time. The arbitration shall be held in Norway. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of Norway, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different MAGICapp users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MAGIC will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse MAGIC for all fees associated with the arbitration paid by MAGIC on your behalf, which you otherwise would be obligated to pay. YOU AND MAGIC AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS." UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MAGICapp USERS. Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply. Claims Are Time-Barred You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. Anything Else? A couple of final, but important, points. First, these Terms constitute the entire agreement between you and MAGIC and govern your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement. These Terms supersede any prior agreements or earlier versions of these Terms between you and MAGIC for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. Second, you acknowledge and agree that each affiliate of MAGIC shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms. Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect. About Us MAGICapp Details Contact FAQ API Terms of Service Privacy Policy © 2019 · making GRADE the irresistible choice Red Cross Blood Service Internet Hotspot Terms & Conditions The Australian Red Cross Blood Service (ABN 50 169 561 394) (The Blood Service) Internet Hotspot (Hotspot) is provided free of charge in participating Donor Centres and related facilities. Access to and use of this Hotspot is subject to these Terms and Conditions. By accessing and using the Hotspot, you agree to accept these Terms & Conditions without limitation. If you do not agree to these Terms & Conditions, you must not access or use the Hotspot. The Blood Service may at any time revise these Terms & Conditions. You should carefully review these Terms & Conditions each time you access and use the Hotspot. You are bound by these Terms and Conditions each time you use the Hotspot. Interpretation For the purposes of these Terms & Conditions, any reference to: "guest" means an individual present at a Blood Service Donor Centre or related facility who intends to or is in fact making a blood, plasma or platelets donation or an individual present at a Blood Service Donor Centre or related facility who is in company with an individual who intends to or is in fact making a blood, plasma or platelets donation and includes Blood Service employees, agents and servants; "you" or "your" includes but is not limited to the owner and authorised user of the computer or mobile device used to access this Hotspot; "wireless enabled device" means the computer or mobile device capable of accessing a Hotspot. Accessing the Hotspot Logging in: To use this Hotspot, you will need to access this Hotspot with your wireless (WiFi) enabled device and agree to accept these Terms & Conditions. We provide the Hotspot free of charge for guests. Wireless enabled device: You are responsible for providing your own wireless (WiFi) enabled device with its own power source. You must not use the Hotspot under any circumstances if you do not have express permission of the lawful owner of the wireless enabled device. The Blood Service does not provide device power, information technology advice or assistance to any user of the Hotspot. Logging Out: You may stop using the Hotspot at any time. You will automatically be logged-out of the Hotspot, if: you access or use the Hotspot in contravention of these Terms & Conditions; you attempt to manipulate or bypass any limitations of the Hotspot by any means or behave in a vexatious, illegal, inappropriate, or unsociable manner; your access to the Hotspot is terminated by the Blood Service in accordance with these Terms & Conditions; the wireless connection of the Hotspot you are accessing is lost, disconnected or becomes out of range; no activity is detected from your wireless enabled device for a continuous period of 10 minutes whilst logged on to the Hotspot; you leave a Hotspot; If you log out or are automatically logged-out of the Hotspot, you will need to log-in again to gain access to the Hotspot. The Blood Service does not guarantee that you will be able to immediately log back in to the Hotspot. Warning: You may lose data if you are logged-out when you are in the process of downloading a file. It is your responsibility to take any necessary precautions to prevent loss of data and the Blood Service accepts no responsibility for such loss, regardless of the reason it occurs. Limitations to access The Blood Service does not promise that you will be able to access and/or use the Hotspot immediately or each time you attend a Blood Service Donor Centre or related facility providing a Hotspot. Access to and use of websites and/or content is subject to such websites and/or content passing through the firewalls, anti-virus and other managed security systems prior to the Internet pages being delivered to your wireless enabled device, and which are determined and set at the Blood Service’s sole discretion. Your obligations You must only use the Hotspot in accordance with these Terms and Conditions and in a manner which is fair to and considerate of other guests and the Blood Service staff. The Blood Service may, in its absolute and sole discretion, limit or block certain websites and/or content that you may seek to access whilst using the Hotspot. Without limiting its rights, the Blood Service may block or limit access to websites and/or content that the Blood Service considers is inappropriate. This includes but is not limited to websites and/or content that: could cause the Blood Service to be in breach of any law, code or instrument which governs its conduct or to incur a liability to any third person or entity; could interfere with the integrity and/or performance of the Hotpot or the Blood Service’s other networks or equipment; could interfere with or jeopardise the safety of you or other donors; depicts, alludes to or promotes offensive or illegal behaviour; is patently offensive or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; xploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or which may contain links to adult websites; promotes conduct that is abusive, threatening, obscene, defamatory or libellous; promotes an illegal or unauthorised copy of another person's copyrighted work; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming"; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains any viruses or other computer programming routines that may damage, modify, delete, detrimentally interfere with, intercept, access without authority or expropriate any system, data or personal information. Speed and Reliability of the Hotspot The Blood Service does not guarantee the speed or throughput of the Hotspot. The speed and throughput of the Hotspot will vary depending on numerous factors, including but not limited to the following: he capabilities of your wireless enabled device; The physical location of the wireless access points in Donor Centres or related facilities; Hotspot user traffic during time of access; Service provider internet congestion; Wireless signal interference; Location of your wireless enabled device within the Donor Centre whilst accessing the Hotspot; andGeographic proximity of Blood Service Donor Centres to the service provider network locations. You acknowledge that the internet is sometimes unreliable and insecure and that the Blood Service does not warrant that access to the Hotspot will be secure, undisturbed, constant, error free, free from malicious software or accessible at all times. Without limiting any other provision of these Terms & Conditions, the Blood Service will not be liable if the Hotspot access becomes unstable, un-secured, slow or unavailable for any reason whatsoever. The Blood Service will not be liable if such faults, malfunctions or problems occur with the Hotspot and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Hotspot or within any specified timeframe. Security The Blood Service does not guarantee the security of the Hotspot or the systems (including the internet and your hardware and software) used to access the Hotspot, or any information that passes through such systems. You acknowledged and agree that you are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Hotspot and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times. Without limiting any other provisions of these Terms & Conditions, the Blood Service shall not be liable to you for any kind of loss or damage incurred as a result of your use of the Hotspot, including but not limited to any intrusions or malware you may become subject to during your use of the Hotspot. Limitation of Liability You acknowledge and agree that your access to and use of: the Hotspot; and any website or network connection whilst using the Hotspot, is entirely at your own risk. The Blood Service assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable in respect of: your use of any third party proprietary software; any damage to, or viruses that may infect your wireless enabled device or other property on account of your access to or use of the Hotspot; the content of any website accessed or used via the Hotspot. Due to the nature of wireless connectivity, the Blood Service makes no warranties or representations as to the accessibility, security, stability or reliability of this Hotspot and to the full extent permitted by law you release the Blood Service from any liability or responsibility for any Hotspot faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Hotspot. Neither the Blood Service nor any other party involved in delivering the Hotspot is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Hotspot for any reason whatsoever. Privacy The Blood Service will only collect, use and store your personal information for the purposes of delivering the Hotpot in accordance with applicable legislation and these Terms & Conditions. Once you access the Hotspot, the Blood Service will capture and process information regarding your web browser type and/operating system information as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device. The Blood Service will also collect and store the unique session statistics and hardware ID of the wireless enabled device that has accessed the Hotspot, once you have accessed the Hotspot and agreed to the Terms & Conditions. The Blood Service is not responsible for how any third party (including but not limited to any website that you access and/or use through the Hotspot) collects and/or uses your personal information. You acknowledge and agree that you are solely responsible for checking the terms of use and privacy policy of each website you visit and determining whether you accept such terms of use and/or privacy policies. NPS MedicineWise Terms of Use Terms of use This website is owned and operated by NPS MedicineWise (ABN 61 082 034 393). Your access to this website is conditional on these terms of use. 1. Information on this website This website contains information created by or for NPS MedicineWise. All reasonable efforts are made to ensure that it is accurate and up to date through critical assessment of a wide range of authoritative evidence, however NPS MedicineWise makes no warranties or representations as to its accuracy or completeness. In particular, NPS MedicineWise has not verified the accuracy or currency of information supplied by third parties, including the consumer medicine information leaflets which are written by the relevant pharmaceutical companies. 2. Medical advice The information on this site is not medical advice. Consumers should not use it to treat or diagnose a medical condition and should never ignore medical advice or delay seeking it because of something on this website. For health professionals, you should rely on your own professional skill, care and inquiries in the context of the clinical circumstances for each patient. 3. Disclaimer and limitation of liability NPS MedicineWise disclaims all liability (including for negligence) for any loss, damage or injury resulting from reliance on or use of any information on this website. Neither NPS MedicineWise nor any NPS MedicineWise personnel is liable for any loss, claim, damage, expense, injury, whether direct or indirect (including consequential loss and loss of profits) howsoever incurred (including in tort), caused or contributed to by any person's use or misuse of the information available from this website or contained on any third party website that you accessed through a link contained on this website. 4. Intellectual property This website is protected by intellectual property laws (including copyright). You must not copy, republish, sell or redistribute or otherwise exploit the contents of this website without the prior written consent of NPS MedicineWise. Read more about copyright. 5. Privacy This website is subject to our privacy policy. 6. General This website is intended for the use of people resident in Australia. Use of this website, and these terms of use, are subject to the laws of New South Wales, Australia. NPS MedicineWise may amend these terms of use at any time. Terms of Service Welcome to Facebook! These Terms govern your use of Facebook and the products, features, apps, services, technologies and software that we offer (the Facebook Products or Products), except where we expressly state that separate Terms (and not these) apply. Return to top 1. Our services Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the products and services described below to you: Provide a personalised experience for you: Your experience on Facebook is unlike anyone else's: from the posts, stories, events, ads and other content that you see in News Feed or our video platform to the Pages that you follow and other features that you might use, such as Trending, Marketplace and search. We use the data we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalise your experience. Connect you with people and organisations that you care about: We help you find and connect with people, groups, businesses, organisations and others that matter to you across the Facebook Products you use. We use the data that we have to make suggestions for you and others – for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch and people who you may want to become friends with. Stronger ties make for better communities, and we believe that our services are most useful when people are connected to people, groups and organisations that they care about. Empower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Facebook and to communicate with friends, family and others about what matters to you – for example, sharing status updates, photos, videos and stories across the Facebook Products that you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Facebook. Help you discover content, products and services that may interest you: We show you ads, offers and other sponsored content to help you discover content, products and services that are offered by the many businesses and organisations that use Facebook and other Facebook Products. Our partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else that you see on our Products. Combat harmful conduct, and protect and support our community: People will only build community on Facebook if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, blocking access to certain features, disabling an account or contacting law enforcement. We share data with other Facebook Companies when we detect misuse or harmful conduct by someone using one of our Products. Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies such as artificial intelligence, machine learning systems and augmented reality so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Facebook or Instagram. We also build sophisticated network and communication technology to help more people connect to the Internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products. Research ways to make our services better: We engage in research and collaborate with others to improve our Products. One way we do this is by analysing the data we have and understanding how people use our Products. You can learn more about some of our research efforts. Provide consistent and seamless experiences across the Facebook Company Products: Our Products help you find and connect with people, groups, businesses, organisations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Facebook Company Products that you use. For example, we use data about the people you engage with on Facebook to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with a business that you follow on Facebook through Messenger. Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Facebook, Inc., Facebook Ireland Limited or its affiliates. Return to top 2. Our Data Policy and your privacy choices To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our Products. We also encourage you to review the privacy choices that you have in your settings. Return to top 3. Your commitments to Facebook and our community We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments: 1. Who can use Facebook When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must: Use the same name that you use in everyday life. Provide accurate information about yourself. Create only one account (your own) and use your timeline for personal purposes. Not share your password, give access to your Facebook account to others or transfer your account to anyone else (without our permission). We try to make Facebook broadly available to everyone, but you cannot use Facebook if: You are under 13 years old (or the minimum legal age in your country to use our Products). You are a convicted sex offender. We've previously disabled your account for breaches of our Terms or Policies. You are prohibited from receiving our products, services or software under applicable laws. 2. What you can share and do on Facebook We want people to use Facebook to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so): You may not use our Products to do or share anything: That breaches these Terms, our Community Standards and other Terms and Policies that apply to your use of Facebook. That is unlawful, misleading, discriminatory or fraudulent. That infringes or breaches someone else's rights. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access. We can remove content that you share in breach of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people's intellectual property rights. To help support our community, we encourage you to report content or conduct that you believe breaches your rights (including intellectual property rights) or our terms and policies. 3. The permissions you give us We need certain permissions from you to provide our services: Permission to use content that you create and share: You own the content that you create and share on Facebook and the other Facebook Products you use, and nothing in these Terms takes away the rights that you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, however, we need you to give us some legal permissions to use this content. Specifically, when you share, post or upload content that is covered by intellectual property rights (e.g. photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products that you use. You can end this licence at any time by deleting your content or account. You should know that, for technical reasons, any content that you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content that you delete may continue to appear if you have shared it with others and they have not deleted it. Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on Facebook next to or in connection with ads, offers and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Facebook. Ads like this can be seen only by people who have your permission to see the actions that you've taken on Facebook. You can learn more about your ad settings and preferences. Permission to update software that you use or download: If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop it. 4. Limits on using our intellectual property If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content you create or share on Facebook), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us. Return to top 4. Additional provisions 1. Updating our Terms We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the Facebook community, you can delete your account at any time. 2. Account suspension or termination We want Facebook to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have breached our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it. You can learn more about what you can do if your account has been disabled. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5 3. Limits on liability We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is", and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). We cannot predict when issues may arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Facebook Products, even if we have been advised of the possibility of such damages. 4. Disputes We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the Facebook Products ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the US District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. 5. Other These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Facebook, Inc. regarding your use of our Products. They supersede any prior agreements. Some of the Products we offer are also governed by supplemental Terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent that any supplemental Terms conflict with these Terms, the supplemental Terms shall govern to the extent of the conflict. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We reserve all rights not expressly granted to you. Return to top 5. Other Terms and Policies that may apply to you Community Standards: These guidelines outline our standards regarding the content that you post to Facebook and your activity on Facebook and other Facebook Products. Commercial Terms: These Terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business or selling goods or services. Advertising Policies: These Policies specify what types of ad content are allowed by partners who advertise across the Facebook Products. Self-Serve Ad Terms: These Terms apply when you use self-serve advertising interfaces to create, submit or deliver advertising or other commercial or sponsored activity or content. Pages, Groups and Events Policy: These guidelines apply if you create or administer a Facebook Page, group or event, or if you use Facebook to communicate or administer a promotion. Facebook Platform Policy: These guidelines outline the Policies that apply to your use of our platform (for example, for developers or operators of a platform application or website or if you use social plugins). Developer Payment Terms: These Terms apply to developers of applications that use Facebook Payments. Community Payment Terms: These Terms apply to payments made on or through Facebook. Commerce Policies: These guidelines outline the Policies that apply when you offer products and services for sale on Facebook. Facebook Brand Resources: These guidelines outline the Policies that apply to the use of Facebook trademarks, logos and screenshots. Music Guidelines: These guidelines outline the Policies that apply if you post or share content containing music on Facebook. Date of last revision: 19 April 2018 Data Policy This Policy describes the information we process to support Facebook, Instagram, Messenger and other products and features offered by Facebook (Facebook Products or Products). You can find additional tools and information in the Facebook settings and Instagram settings. Return to top What kinds of information do we collect? To provide the Facebook Products, we must process information about you. The type of information that we collect depends on how you use our Products. You can learn how to access and delete information that we collect by visiting the Facebook settings and Instagram settings. Things that you and others do and provide. Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content and message or communicate with others. This can include information in or about the content that you provide (e.g. metadata), such as the location of a photo or the date a file was created. It can also include what you see through features that we provide, such as our camera, so we can do things such as suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications that you and others provide to analyse context and what's in them for the purposes described below. Learn more about how you can control who can see the things you share. Data with special protections: You can choose to provide information in your Facebook profile fields or life events about your religious views, political views, who you are "interested in" or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups that you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups that you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things such as helping you and others find people you may know and for the other purposes listed below. Your usage. We collect information about how you use our Products, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features such as our camera. Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information, other account and authentication information, and billing, delivery and contact details. Things others do and information that they provide about you. We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you or upload, sync or import your contact information. Device information. As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices that you use. For example, we use information collected about your use of our Products on your phone to better personalise the content (including ads) or features that you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device. Information that we obtain from these devices includes: Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots). Identifiers: unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use, and Family Device IDs (or other identifiers unique to Facebook Company Products associated with the same device or account). Device signals: Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts. Data from device settings: information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos. Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things such as help you stream a video from your phone to your TV. Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Facebook Cookies Policy and Instagram Cookies Policy. Information from partners. Advertisers, app developers and publishers can send us information through Facebook Business Tools that they use, including our social plugins (such as the Like button), Facebook Login, our APIs and SDKs, or the Facebook pixel. These partners provide information about your activities off Facebook – including information about your device, websites you visit, purchases you make, the ads you see and how you use their services – whether or not you have a Facebook account or are logged in to Facebook. For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its shop. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services, or through third parties that they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing us with any data. Learn more about the types of partners we receive data from. To learn more about how we use cookies in connection with Facebook Business Tools, review the Facebook Cookie Policy and Instagram Cookie Policy. Return to top How do we use this information? We use the information that we have (subject to choices you make) as described below, and to provide and support the Facebook Products and related services described in the Facebook Terms and Instagram Terms. Here's how: Provide, personalise and improve our Products. We use the information we have to deliver our Products, including to personalise features and content (including your News Feed, Instagram Feed, Instagram Stories and ads) and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Products. To create personalised Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data that we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places or things that you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalise your Facebook and Instagram experience, including features, content and recommendations in Facebook Products; you can also learn more about how we choose the ads that you see. Information across Facebook Products and devices: We connect information about your activities on different Facebook Products and devices to provide a more tailored and consistent experience on all Facebook Products that you use, wherever you use them. For example, we can suggest that you join a group on Facebook that includes people you follow on Instagram or communicate with using Messenger. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Facebook Product when you sign up for an account on a different Product. Location-related information: We use location-related information – such as your current location, where you live, the places you like to go, and the businesses and people you're near – to provide, personalise and improve our Products, including ads, for you and others. Location-related information can be based on things such as precise device location (if you've allowed us to collect it), IP addresses and information from your and others' use of Facebook Products (such as check-ins or events you attend). Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features. Face recognition: If you have it turned on, we use face recognition technology to recognise you in photos, videos and camera experiences. The face recognition templates that we create may constitute data with special protections under the laws of your country. Learn more about how we use face recognition technology, or control our use of this technology in Facebook settings. If we introduce face recognition technology to your Instagram experience, we will let you know first, and you will have control over whether we use this technology for you. Ads and other sponsored content: We use the information we have about you – including information about your interests, actions and connections – to select and personalise ads, offers and other sponsored content that we show you. Learn more about how we select and personalise ads, and your choices over the data we use to select ads and other sponsored content for you in the Facebook Settings and Instagram Settings. Provide measurement, analytics and other business services. We use the information that we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps and services. Learn how we share information with these partners. Promote safety, integrity and security. We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off Facebook Products. For example, we use data that we have to investigate suspicious activity or breaches of our Terms or Policies, or to detect when someone needs help. To learn more, visit the Facebook Security Help Centre and Instagram Security Tips. Communicate with you. We use the information that we have to send you marketing communications, communicate with you about our Products and let you know about our Policies and Terms. We also use your information to respond to you when you contact us. Research and innovate for social good. We use the information that we have (including from research partners who we collaborate with) to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. For example, we analyse information that we have about migration patterns during crises to aid relief efforts. Learn more about our research programmes. Return to top How is this information shared? Your information is shared with others in the following ways: Sharing on Facebook Products People and accounts that you share and communicate with When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Facebook, you select the audience for the post, such as a group, all of your friends, the public or a customised list of people. Similarly, when you use Messenger or Instagram to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions that you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Facebook or Instagram Stories. Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your Instagram username, any information you share with a public audience, information in your public profile on Facebook, and content you share on a Facebook Page, public Instagram account or any other public forum, such as Facebook Marketplace. You, other people using Facebook and Instagram, and we can provide access to or send public information to anyone on or off our Products, including in other Facebook Company Products, in search results or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs and offline media such as TV, and by apps, websites and other services that integrate with our Products. Learn more about what information is public and how to control your visibility on Facebook and Instagram. Content that others share or reshare about you. You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience that you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot or reshare that content to others across or off our Products, in person or in virtual reality experiences such as Facebook Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content. Information about your active status or presence on our Products. People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Instagram, Messenger or Facebook, or when you last used our Products. Apps, websites and third-party integrations on or using our Products. When you choose to use third-party apps, websites or other services that use, or are integrated with, our Products, they can receive information about what you post or share. For example, when you play a game with your Facebook friends or use a Facebook Comment or Share button on a website, the game developer or website can receive information about your activities in the game or receive a comment or link that you share from the website on Facebook. Also, when you download or use such third-party services, they can access your public profile on Facebook, and any information that you share with them. Apps and websites that you use may receive your list of Facebook friends if you choose to share it with them. But apps and websites that you use will not be able to receive any other information about your Facebook friends from you, or information about any of your Instagram followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of Facebook and Instagram (i.e. where we have not developed our own first-party apps) will have access to all information that you choose to share with them, including information that your friends share with you, so they can provide our core functionality to you. Note: We are in the process of restricting developers' data access even further to help prevent abuse. For example, we will remove developers' access to your Facebook and Instagram data if you haven't used their app in three months, and we are changing login, so that in the next version, we will reduce the data that an app can request without app review to include only name, Instagram username and bio, profile photo and email address. Requesting any other data will require our approval. New owner. If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner. Sharing with third-party partners We work with third-party partners who help us provide and improve our Products or who use Facebook Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties that we share information with: Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Facebook Products. For example, Page admins and Instagram business profiles receive information about the number of people or accounts who viewed, reacted to or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Facebook ads led you to make a purchase or take an action with an advertiser. Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners. Partners offering goods and services in our Products. When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information that you share with them, as well as the information needed to complete the transaction, including shipping and contact details. Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys. Researchers and academics. We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that supports our business or mission and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. Law enforcement or legal requests. We share information with law enforcement or in response to legal requests in the circumstances outlined below. Learn more about how you can control the information about you that you or others share with third-party partners in the Facebook settings and Instagram settings. Return to top How do the Facebook Companies work together? Facebook and Instagram share infrastructure, systems and technology with other Facebook Companies (which include WhatsApp and Oculus) to provide an innovative, relevant, consistent and safe experience across all Facebook Company Products that you use. We also process information about you across the Facebook Companies for these purposes, as permitted by applicable law and in accordance with their Terms and Policies. For example, we process information from WhatsApp about accounts sending spam on its service so we can take appropriate action against those accounts on Facebook, Instagram or Messenger. We also work to understand how people use and interact with Facebook Company Products, such as understanding the number of unique users on different Facebook Company Products. Return to top How can I manage or delete information about me? We provide you with the ability to access, rectify, port and delete your data. Learn more in your Facebook settings and Instagram settings. We store data until it is no longer necessary to provide our services and Facebook Products or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things such as the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Facebook, you can access and delete that query from within your search history at any time, but the log of that search is deleted after six months. If you submit a copy of your valid photo ID for account verification purposes, we delete that copy 30 days after submission. Learn more about deletion of content that you have shared and cookie data obtained through social plugins. When you delete your account, we delete things that you have posted, such as your photos and status updates, and you won't be able to recover this information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Facebook settings and Instagram settings. Return to top How do we respond to legal requests or prevent harm? We access, preserve and share your information with regulators, law enforcement or others: In response to a legal request (e.g. a search warrant, court order or subpoena) if we have a good-faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction and is consistent with internationally recognised standards. When we have a good-faith belief that it is necessary to: detect, prevent and address fraud, unauthorised use of the Products, breaches of our Terms or Policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory enquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products. Information we receive about you (including financial transaction data related to purchases made with Facebook) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for term breaches for at least a year to prevent repeat abuse or other term breaches. Return to top How do we operate and transfer data as part of our global services? We share information globally, both internally within the Facebook Companies, and externally with our partners and with those you connect and share with around the world in accordance with this Policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this Policy. These data transfers are necessary to provide the services set forth in the Facebook Terms and Instagram Terms, and to globally operate and provide our Products to you. We utilise standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries. Return to top How will we notify you of changes to this Policy? We'll notify you before we make changes to this Policy and give you the opportunity to review the revised Policy before you choose to continue using our Products. Return to top How to contact Facebook with questions You can learn more about how privacy works on Facebook and on Instagram. If you have questions about this Policy, you can contact us as described below. We may resolve disputes that you have with us in connection with our Privacy Policies and practices through TrustArc. You can contact TrustArc through its website. Contact us You can contact us online or by writing to: Facebook, Inc. ATTN: Privacy Operations 1601 Willow Road Menlo Park, CA 94025, USA Date of last revision: 19 April 2018 Cookies & other storage technologies Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as "cookies." We use cookies if you have a Facebook account, use the Facebook Products, including our website and apps, or visit other websites and apps that use the Facebook Products (including the Like button or other Facebook Technologies). Cookies enable Facebook to offer the Facebook Products to you and to understand the information we receive about you, including information about your use of other websites and apps, whether or not you are registered or logged in. This policy explains how we use cookies and the choices you have. Except as otherwise stated in this policy, the Data Policy will apply to our processing of the data that we collect via cookies. Return to top Why do we use cookies? Cookies help us provide, protect and improve the Facebook Products, such as by personalising content, tailoring and measuring ads, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update the Facebook Products, we use them for the following purposes: Authentication We use cookies to verify your account and determine when you're logged in so we can make it easier for you to access the Facebook Products and show you the appropriate experience and features. For example: We use cookies to keep you logged in as you navigate between Facebook Pages. Cookies also help us remember your browser so you do not have to keep logging in to Facebook and so you can more easily log in to Facebook via third-party apps and websites. Security, site and product integrity We use cookies to help us keep your account, data and the Facebook Products safe and secure. For example: Cookies can help us identify and impose additional security measures when someone may be attempting to access a Facebook account without authorisation, for instance, by rapidly guessing different passwords. We also use cookies to store information that allows us to recover your account in the event that you forget your password or to require additional authentication if you tell us that your account has been hacked. We also use cookies to combat activity that violates our policies or otherwise degrades our ability to provide the Facebook Products. For example: Cookies help us fight spam and phishing attacks by enabling us to identify computers that are used to create large numbers of fake Facebook accounts. We also use cookies to detect computers infected with malware and to take steps to prevent them from causing further harm. Cookies also help us prevent underage people from registering for Facebook accounts. Advertising, recommendations, insights and measurement We use cookies to help us show ads and to make recommendations for businesses and other organisations to people who may be interested in the products, services or causes they promote. For example: Cookies allow us to help deliver ads to people who have previously visited a business's website, purchased its products or used its apps and to recommend products and services based on that activity. Cookies also allow us to limit the number of times that you see an ad so you don't see the same ad over and over again. We also use cookies to help measure the performance of ad campaigns for businesses that use the Facebook Products. For example: We use cookies to count the number of times that an ad is shown and to calculate the cost of those ads. We also use cookies to measure how often people do things such as click on or view ads. Cookies help us serve and measure ads across different browsers and devices used by the same person. For example: We can use cookies to prevent you from seeing the same ad over and over again across the different devices that you use. Cookies also allow us to provide insights about the people who use the Facebook Products, as well as the people who interact with the ads, websites and apps of our advertisers and the businesses that use the Facebook Products. For example: We use cookies to help businesses understand the kinds of people who like their Facebook Page or use their apps so they can provide more relevant content and develop features that are likely to be interesting to their customers. We also use cookies to help you opt out of seeing ads from Facebook based on your activity on third-party websites. Learn more about the information we receive, how we decide which ads to show you on and off the Facebook Products and the controls that are available to you. Site features and services We use cookies to enable the functionality that helps us provide the Facebook Products. For example: Cookies help us store preferences, know when you've seen or interacted with Facebook Products' content and provide you with customised content and experiences. For instance, cookies allow us to make suggestions to you and others, and to customise content on third-party sites that integrate our social plugins. If you are a page administrator, cookies allow you to switch between posting from your personal Facebook account and the Page. We also use cookies to help provide you with content relevant to your locale. For example: We store information in a cookie that is placed on your browser or device so that you will see the site in your preferred language. Performance We use cookies to provide you with the best experience possible. For example: Cookies help us route traffic between servers and understand how quickly Facebook Products load for different people. Cookies also help us record the ratio and dimensions of your screen and windows and know whether you've enabled high-contrast mode, so that we can render our sites and apps correctly. Analytics and research We use cookies to better understand how people use the Facebook Products so that we can improve them. For example: Cookies can help us understand how people use the Facebook service, analyse which parts of the Facebook Products people find most useful and engaging, and identify features that could be improved. Return to top Where do we use cookies? We may place cookies on your computer or device, and receive information stored in cookies, when you use or visit: The Facebook Products; Products provided by other members of the Facebook Companies; and Websites and apps provided by other companies that use the Facebook Products, including companies that incorporate the Facebook Technologies into their websites and apps. Facebook uses cookies and receives information when you visit those sites and apps, including device information and information about your activity, without any further action from you. This occurs whether or not you have a Facebook account or are logged in. Return to top Do other parties use cookies in connection with the Facebook Products? Yes, other parties may use cookies on the Facebook Products to provide services to us and the businesses that advertise on Facebook. For example, our measurement partners use cookies on the Facebook Products to help advertisers understand the effectiveness of their Facebook advertising campaigns and to compare the performance of those campaigns to ads displayed on other websites and apps. Learn more about the companies that use cookies on the Facebook Products. Third parties also use cookies on their own sites and apps in connection with the Facebook Products. To understand how other parties use cookies, please review their policies. Return to top How can you control Facebook's use of cookies to show you ads? One of the ways we use cookies is to show you useful and relevant ads on and off Facebook. You can control how we use data to show you ads by using the tools described below. If you have a Facebook account: You can use your ad preferences to learn why you're seeing a particular ad and control how we use information that we collect to show you ads. To show you better ads, we use data that advertisers and other partners provide us about your activity off Facebook Company Products, including websites and apps. You can control whether we use this data to show you ads in your ad settings. The Facebook Audience Network is a way for advertisers to show you ads in apps and websites off the Facebook Company Products. One of the ways Audience Network shows relevant ads is by using your ad preferences to determine which ads you may be interested in seeing. You can control this in your ad settings. Everyone: You can opt out of seeing online interest-based ads from Facebook and other participating companies through the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada or the European Interactive Digital Advertising Alliance in Europe or through your mobile device settings. Please note that ad blockers and tools that restrict our cookie use may interfere with these controls. More information about online advertising: The advertising companies we work with generally use cookies and similar technologies as part of their services. To learn more about how advertisers generally use cookies and the choices they offer, you can review the following resources: Digital Advertising Alliance Digital Advertising Alliance of Canada European Interactive Digital Advertising Alliance Browser cookie controls: In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls, visit your browser or device's help material. Certain parts of the Facebook Products may not work properly if you have disabled browser cookie use. Date of Last Revision: 4 April 2018 COLLECTION STATEMENT FOR DONATEBLOOD WEBSITE SELF SERVICE Published 30/07/2018 01.36 PM   |    Updated 10/09/2018 04.52 PM We will use your information to administer and provide you with access to the Online Self Service, and in accordance with our Privacy Policy. From time to time we may use or disclose aspects of your personal information for administrative processes such as risk management, education and training of staff, quality assurance activities and to monitor donor satisfaction, in accordance with our Privacy Policy.   In order to administer, secure and back-up your personal information  for the Online Self Service, your personal information may be transferred, stored, disclosed or processed in data centres located outside Australia, including the United States of America, Singapore, and other jurisdictions from time to time. Our Privacy Policy contains information about how you may access and seek correction of your information, how you may complain about a breach of your privacy, and how we will deal with that complaint. TERMS AND CONDITIONS FOR DONATEBLOOD WEBSITE SELF SERVICE Published 30/07/2018 01.43 PM   |    Updated 10/09/2018 04.51 PM     PART A GENERAL USER TERMS 1. Your acceptance 1.1 These are the terms on which the Australian Red Cross Society, a body corporate established by Royal Charter dated 28 June 1941, acting through that part of its operations known as the Australian Red Cross Blood Service (ABN 50 169 561 394) (referred to as Blood Service, we, our or us) permits users (referred to as user, you or your) to: (a) access, use and upload content to the Blood Service Website and the Blood Service Donor Mobile Application (Donor Mobile App) (together, the Online Self Service); (b) view, manage appointments and interact with any content, information, communications, text or other material provided by the Blood Service (the Blood Service Content) or any User Content (defined in clause 5); (c) upload User Content to the Online Self Service and communicate with the Blood Service; and (d) browse to and view other websites which aren't owned, operated or controlled by the Blood Service (Third Party Websites). 1.2 You agree to be bound by these terms (Terms) when you: (a) use, browse or access any part of the Online Self Service; or (b) install and use the Donor Mobile App. If you do not agree with these Terms you are not entitled to use the Online Self Service and you must cease using the Online Self Service and uninstall the Donor Mobile App from your mobile device. 1.3 The Blood Service may from time to time review and update these Terms including to take account of new laws, regulations, products or technology.  Your use of the Online Self Service will be governed by the most recent Terms posted on the Blood Service Website and made available in the Donor Mobile App.  By continuing to use the Online Self Service, you agree to be bound by the most recent Terms.  It is your responsibility to check the Online Self Service regularly for updated versions of the Terms. 1.4 The Blood Service may from time to time, without notice, modify, change or update the Online Self Service.  In the event of any such modification, change or update, the Blood Service does not represent that any feature or functionality of the Online Self Service will remain. 2. Blood Service Content 2.1 The Online Self Service is owned and operated by or on behalf of the Blood Service. 2.2  Blood Service Content made available on the Online Self Service is for general information and promotional purposes only. The Blood Service does not warrant or make any representations as to any third party products or services described or referred to on the Online Self Service.  Any use of the Online Self Service, Blood Service Content, materials or information we provide you with access to created by another person or organisation is at your own risk. 2.3 Blood Service Content on Online Self Service is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.  Inclusion of Blood Service Content on the Online Self Service is not an endorsement of any organisation, product, service or advice. 2.4 All intellectual property rights, including copyright, in the Blood Service Website, Donor Mobile App and Blood Service Content are owned or licenced by the Blood Service or any of its related entities.  You may download and store or print a copy of the Blood Service Website or any information contained on it to your own computer or device, but only for your private, non-commercial purposes and provided you do not edit that information or remove any copyright notices or any Blood Service trade marks or logos.  However, you may not make any charge for such use and any commercial use is expressly prohibited.  This means, for example, that you must not post material from the Online Self Service to a local intranet site, or distribute the material for your own commercial purpose, without the copyright owner's permission. 2.5 The "Blood Service" trade marks, logos, trade names and other names of the Blood Service referred to in the Blood Service Website and Donor Mobile App are trade marks of the Blood Service.  You are not permitted to use, modify or permit the modification of any trade marks, logos or trade names appearing on the Online Self Service. 2.6 If you have a complaint regarding any Blood Service Content or User Content, the Blood Service's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Blood Service Content or User Content. 2.7 The Blood Service Website and Donor Mobile App display trade marks, logos, service names and trade names of the Blood Service or third parties which may be registered or otherwise protected by law.  The Red Cross (including Australian Red Cross Blood Service) and Red Crescent emblems are protected symbols under international and Australian law.  Use of these emblems by unauthorised persons, including their reproduction on other websites without appropriate authorisation constitutes a criminal offence under the federal Geneva Conventions Act 1957 (Cth).  You are not permitted to use any trade marks, logos, service names or trade names appearing on the Online Self Service. 2.8 For permission to use text information or photographs from the Online Self Service in a manner other than stated in these Terms, please contact the National Communications Department of the Blood Service. 3. No provision of medical advice 3.1 The Online Self Service, Blood Service Content and products and services made available through the Online Self Service offer general health and medical information, but are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information for any such purposes. You should always consult a healthcare professional if you have any concerns or questions about your health, and you should not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read on the Online Self Service. 3.2 Nothing contained in the Online Self Service or the Blood Service Content, or the products and services made available through the Online Self Service is intended to be, and it must not be taken to be, the practice of medical or counselling care. 3.3 Whilst advancements and developments in medical research may affect the health, fitness and nutritional information contained in the Online Self Service, the Blood Service Content or services made available through the Online Self Service, we do not guarantee that such information will always include the latest or most recent findings or developments. 3.4 Your access or use of: (a) the Online Self Service; (b) the Blood Service Content; or (c) services made available through the Online Self Service, does not in any way create between you and the Blood Service: (d)  a confidential or privileged relationship; (e) a relationship of practitioner and patient; or (f) any other relationship that would give rise to any duties on our part. 4. Registration 4.1 In order to access certain features and functionality of the Online Self Service (for example our Donor website) you will have to register for an account (Account). If and when you create or use an Account, you represent that you have authority to provide the information necessary to create or use an Account.  If you are an existing donor, the Online Self Service may ask for your donor number or your full name and date of birth to make creation of an Account easier for you. 4.2 As part of the Account creation process, you consent to us sending you a text message or email with a verification code that must be entered into the Online Self Service. 4.3 You acknowledge that some functionality of the Online Self Service will not be available if you are less than 18 years old. 4.4 We reserve the right to refuse registration of an Account, at our sole discretion. 4.5 You will be fully responsible for all acts and omissions of any person using your password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your Account or do anything that would risk the security of your Account.  The Blood Service will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your password and Account, and you will indemnify the Blood Service against all loss, damage, claims, costs or demands in this regard. 4.6 You must notify us immediately if you become aware of any unauthorised access or use of your Account. 4.7 You agree that you will not create more than one personal Account and if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details, someone else's personal details, or details created by you. 4.8 Your Account may be suspended or terminated by us if the User Content you upload via your Account involves: (a) any of the prohibited uses as set out in clause 7; or (b) is otherwise deemed inappropriate in our absolute discretion. 5. User Content 5.1 When you use the Online Self Service, you may upload content, communication, text or other material (User Content). For clarity, User Content does not include the account details you provide (for example, your contact details) or the appointments you book using the Online Self Service. Instead, it refers to material that you knowingly upload to public areas of the Online Self Service, eg comments to blog posts or uploading images to be displayed and visible to other users of the Online Self Service. 5.2 Any User Content you upload to the Online Self Service:   (a) may be accessed and viewed by the public or other users of the Online Self Service, if the User Content was uploaded to a comments forum or other public-facing area of the Online Self Service; and (b) can be used by us in accordance with the licence terms set out in clause 6. 5.3 You agree to be solely responsible for any User Content that you upload to the Online Self Service.  You warrant and represent that any User Content you upload to the Online Self Service will not violate these Terms. 5.4 You retain all intellectual property rights in the User Content you upload to the Online Self Service. By uploading the User Content, you grant us a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-license) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, the User Content, at any time in the future in any form and for any purpose (including but not limited to promotion or advertising use in the future). 5.5 You consent to your User Content being altered, edited or adapted by us for any reason including to ensure your User Content does not infringe these Terms.  To the extent that you have any moral rights (pursuant to the Copyright Act 1968 (Cth)) in the User Content, by agreeing to these Terms, you provide an irrevocable and unconditional consent in favour of us, our successors, assignees, licensees and any other person authorised by any of them to use, modify or deal with your User Content (whether or not currently in existence) to: (a) perform, exhibit, reproduce, adapt and communicate any part of your User Content in any medium and anywhere in the world without attributing you or any other person as an author of or contributor to that User Content; (b) delete or adapt or change any of your User Content in any way, including by addition to or subtraction from your User Content; or (c) combine or juxtapose your User Content with anything else 5.6 Where the User Content uploaded by you to the Online Self Service contains material from third parties, you warrant that you have obtained the moral rights consents described in clause 5.5 from such third parties. 5.7 We may access or examine any User Content and at our discretion monitor, move, remove, block, modify, edit, refuse to upload or disable access to User Content which we consider, in our sole discretion, to breach any law or these Terms or to be otherwise unacceptable. 5.8 You acknowledge that we:   (a) have no responsibility or liability for the deletion or failure to store any User Content uploaded by you or any other user on the Online Self Service; and (b) are not responsible for any User Content uploaded to the Online Self Service by you or any user nor under any obligation to monitor, move, remove, block, modify, edit, refuse to upload or disable access to it. 5.9 You represent and warrant that:   (a) you own the User Content or have the necessary licences, rights, consents and permissions to publish the User Content you upload on the Online Self Service; (b) you have the right and power to grant the licence contained in clause 5.4 to us; (c) the User Content uploaded by you will not infringe the intellectual property rights of any third party; and (d) you will not upload User Content that will cause you to breach these Terms, in particular clause 7. 5.10 You understand that we do not guarantee any confidentiality with respect to any User Content you upload to the Website. 5.11 You acknowledge and agree that the Blood Service is under no obligation to retain the User Content and that the Blood Service may:   (a) delete any User Content; and (b) discontinue your access to the Online Self Service. 6. Licence 6.1 The Blood Service grants you a non-exclusive and non-transferable licence to use the Online Self Service for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial purposes. 6.2 Subject to, and in accordance with, these Terms the Blood Service grants you a non-exclusive, royalty free, revocable, and non-transferrable licence (without the right to sub-licence) to install and use one copy of the Donor Mobile App on each of your personal mobile devices in machine executable object code form solely for your own personal use. 6.3 If you purchase the Donor Mobile App through the Apple App Store and/or the Google Play Store Market, in addition to the terms set out here, your use of the Donor Mobile App is also subject to Apple's End User License Agreement available at https://www.apple.com/legal/internet-services/itunes/au/terms.html or Google Play's Terms of Service available at https://play.google.com/intl/en_au/about/play-terms.html. 6.4 The Blood Service reserves the right to suspend, terminate or otherwise deal with your licence or any account at any time. 7. Prohibited uses 7.1 You agree that in accessing and using the Online Self Service, you will not engage or attempt to engage in any activities that:   (a) violate any applicable local, state, federal or international law including, without limitation the Spam Act 2003 (Cth), Copyright Act 1968 (Cth), principles of law or equity established by decisions of courts and statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a government agency; (b) disparage the reputation of the Blood Service, its related bodies corporate, suppliers or advertisers; (c) result in the placement, posting, uploading of, linking to, sending, storing or otherwise communicating or distributing in any way: (i) content (including User Content) that is, or may reasonably be, classified "RC" or "X18+" by the Australian Government Classification Board (formerly the Office of Film and Literature Classification) based on criteria contained in the Classification (Publications, Films and Computer Games) Act 1995 (Cth), the Classification Code and the Guidelines for the Classification of Films and computer Games 2005; (ii) content that contains pornography or actual, implied or simulated sexual activity, excessive or sexual violence, detailed instruction in crime, racial or sexist opinions or slurs, or that is likely to incite discrimination, hate or violence towards a person or group because of their race, religion, gender, sexuality or nationality, likely to be considered unsuitable for minors (without using appropriate and clear warnings), enables a minor to access material inappropriate for a minor, establishes, or attempts to establish, contact with a minor otherwise not known to you or content that is otherwise (or we deem) inappropriate, defamatory, abusive, profane, infringing, obscene, indecent, obscene, or unlawful material or information; or (iii) any content that promotes, incites or provides information concerning self destructive behaviours or activities or disparages, defames, vilifies, criticises any individual or group of individuals or could adversely affect the reputation or character of a person; (d) violate the rights of any third party including, without limitation abusing, stalking, threatening or otherwise, infringement of copyright, trademark, or other intellectual property right, misappropriation of trade secrets, confidential information, electronic fraud, invasion of privacy, pornography, obscenity or libel; (e) interfere with or disrupt any other third parties (including other users of the Online Self Service), equipment, functions, features, the Online Self Service or Blood Service Content; (f) introduce or allow the introduction, transmission, distribution or uploading of any, virus, worm, trojan horse, zombie, keylogger, time bomb, cancelbots, Easter eggs, spyware, mail bombing, flashing, spamming, flooding, or other potentially harmful programs, materials, information or malicious code into the Online Self Service or any related network; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Online Self Service; (h) involve distribution of unsolicited advertising or chain letters, repeated harassment of other users or third parties, impersonating another user, falsifying a users network identity for improper or illegal purposes, gaining unauthorised access to any parts of the Online Self Service, sending unsolicited bulk emails or calls, continuing to send someone email after being asked to stop and using a network to gain unauthorised entry to any other machine accessible via a network; (i) involve the unauthorised use of any machine or network, denial of service attacks, falsification of header information or user identification information, monitoring or scanning the networks of others; (j) gain unauthorised access to the Online Self Service; (k) disrupt, impair, alter or otherwise interfere with the functions, features, Blood Service Content or the Online Self Service; (l) improperly display any TCP/IP packet header or part of the header information in any email or other postings; (m) express or imply that statements you make are endorsed by the Blood Service, without the Blood Service's prior written consent; (n) modify, adapt, decompile, reverse engineer, disassemble or otherwise reduce the Donor Mobile App to a human-perceivable form; (o) remove any copyright, trademark or other proprietary rights notices contained in the Donor Mobile App; (p) harvest or collect information about the Online Self Service users without their express consent; (q) are commercial, including selling, modifying, displaying, distributing or otherwise using any Blood Service Content, in whole or in part, for any public or commercial purpose without the Blood Service's prior written consent, marketing, advertising or promoting goods or services, collecting and using any product lists or pricing for the benefit of other merchants, or re-selling, sublicensing or translating the Online Self Service; (r) frame the Blood Service Website without the Blood Service's express written permission; (s) use any meta-tags or any other "hidden text" utilising the Blood Service's name or  Blood Service Content without the Blood Service's express written permission; or (t) impersonate or falsely claim to represent a person or organisation. 8. Access and Communication 8.1 Subject to the consumer guarantees provided for in the ACL (as defined in clause 15.2), the Blood Service does not warrant that you will have continuous access to the Online Self Service. 8.2 The Blood Service will not be liable if the Online Self Service is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise. 8.3 The Blood Service does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties. 8.4 Whilst the Blood Service takes reasonable precautions to protect information transmitted via the Online Self Service, the Blood Service cannot and does not guarantee the security or confidentiality of these communications or the security of the Online Self Service. 8.5 The Blood Service does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Online Self Service and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise. 8.6 The Blood Service may restrict your access to the Online Self Service so it is only accessible where your IP address is located within Australia and via the following platforms or devices owned and controlled by you:   (a) supported web browsers (b) supported Android devices; and (c) supported iOS devices. 9.Links and Advertisements 9.1 The Online Self Service may contain links to Third Party Websites.  We have not reviewed all of the Third Party Websites linked on the Online Self Service and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements).  The Blood Service provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe. 9.2 Facebook, Twitter, Instagram, YouTube and other Third Party Websites which are linked to the Online Self Service, are not covered by these Terms, and may have their own terms and conditions and privacy policy.  If you choose to access these third party linked sites, you do so at your own risk.  The Blood Service is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe.  The Blood Service is not responsible for and will not be liable in respect of any incorrect link to an external website. 9.3 You are welcome to link to the Blood Service Website, provided that in doing so you do not use any trade marks featured without permission.   10. Marketing 10.1 We may contact you from time to time to provide you with information, advertisements, marketing material, promotional material or other similar material that may be of interest to you in respect of our Online Self Service, Blood Service Content and any other products or services we may offer our donors or prospective donors. 10.2 By accepting these Terms, you consent to us using your details to contact you in respect of such information, advertisements, marketing, promotional material or other similar material. If you do not wish to receive marketing, advertisements, promotional material or other similar material from us, you may opt out by contacting contactus@redcrossblood.org.au. 11. Privacy 11.1 Any personal information submitted by you (whether personal information of you or another individual which you have the necessary consents to provide) to the Blood Service is subject to and will be handled in accordance with the Blood Service's Privacy Policy. View Privacy Policy.  You agree that, by using the Online Self Service or communicating with the Blood Service, you have read the Privacy Policy, understood its contents and consented to its requirements. 11.2 In order to administer, secure and back-up your personal information  for the Online Self Service, your personal information may be transferred, stored, disclosed or processed in data centres located outside Australia, including the United States of America, Singapore, and other jurisdictions from time to time. 11.3 You must not upload any personal information of another individual to the Online Self Service unless you first make them aware of the Blood Service's Privacy Policy and have their consent to upload such personal information. 12. Use of cookies 12.1 The Blood Service Website may use 'cookies' from time to time.  Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user, including browser type or website visiting patterns.  Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used.  We use this information to enhance the content and services offered on the Blood Service Website.  We predominantly use cookies to track whether users make an appointment, or where users drop out in that process. 12.2 Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using.  If you access the Blood Service Website or click-through to the Blood Service Website from a link in an email we send you, a cookie may be downloaded onto your computer's hard drive. 12.3 Cookies may also be used for other purposes on the Blood Service Website but in each case none of the information collected can be used to personally identify you. PART B APP TERMS 13. General 13.1 You acknowledge and agree that by using our Donor Mobile App, while you can download the Donor Mobile App in the Google Play Store Market or Apple App Store free of charge, you may incur charges from your wireless or mobile carrier in accordance with your agreements with them, and that any such charges will be your sole responsibility. 13.2 The Blood Service does not promise you that you will have uninterrupted or error-free access to and use of the Donor Mobile App or User Content. 13.3 These terms are an End User Licence Agreement (or EULA) for the purposes of the terms of any store where you have purchased the App. 14. Apple Terms 14.1 If you have obtained the Donor Mobile App via Apple's App Store, this clause 14 applies. 14.2 You acknowledge and agree that:   (a) these Terms are concluded between you and the Blood Service, and not Apple, Inc. (Apple); (b) the Blood Service, and not Apple, is solely responsible for the Donor Mobile App; (c) the Licence granted to you under clause 6 is subject to Apple's Usage Rules set out in the App Store Terms and Conditions set out at http://www.apple.com/legal/internet-services/itunes/au/terms.html#APPS; (d) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Donor Mobile App; (e) in the event of any failure of the Donor Mobile App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Donor Mobile App; (f) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Donor Mobile App; (g) Apple is not responsible for any claims that you have arising out of your use of the Donor Mobile App; (h) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Donor Mobile App infringes that third party's intellectual property rights; and (i) Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. 14.3 You represent and warrant that:   (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties. PART C: GENERAL TERMS 15. Warranties and Limitation of Liability 15.1 Subject to clause 15.2, any representation, warranty, condition, guarantee or undertaking that would be implied in this these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. 15.2 Nothing in this these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. 15.3 To the fullest extent permitted by law, the liability of the Blood Service for a breach of a non-excludable guarantee referred to in clause 15.2 is limited, at the Blood Service's option to:   (a) in the case of goods supplied or offered by us, any one or more of the following: (i) the replacement of the goods of supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods and of acquiring equivalent goods; (iv) the payment of the cost of having the services supplied again; or (b) in the case of services supplied or offered by us: (i) the supplying of these services again; or (ii) the payment of the cost of having the services supplied again. 15.4 The Blood Service will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Online Self Service, the Blood Service Content, all links to or from the Online Self Service or the products and services made available through the Online Self Service. 15.5 Subject to this clause 15, the maximum aggregate liability of the Blood Service for all proven losses, damages and claims arising out of or in connection with this these Terms, the Online Self Service or the Blood Service Content, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100. 16. Indemnity 16.1 You will fully indemnify the Blood Service in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:   (a) your use of the Blood Service Content; (b) your use of the Online Self Service; (c) your communications with the Blood Service; (d) User Content you post on the Online Self Service; or (e) any third party use of the Online Self Service through your Accounts (whether authorised or not). 16.2 You agree to give full cooperation to and provide the Blood Service with reasonable assistance in conducting the defence of any claim to which clause 16.1 applies. 17. Termination 17.1 Without prejudice to any other rights, the Blood Service may at any time terminate your access to the Online Self Service for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. 17.2 This paragraph 17.2 and paragraphs 5, 10, 11, 12, 15 and 16 will survive termination of your access to the Online Self Service in accordance with paragraph 17.1 and will continue to the benefit of and be enforceable by the Blood Service. 17.3 If the Blood Service terminates your access to the Donor Mobile App, you must delete all copies of the Donor Mobile App that are on any mobile devices, on your computer or are otherwise in your possession or control. 17.4 You may terminate these Terms at any time by destroying all copies of the Donor Mobile App and related documentation in your possession or under your control however, these Terms will still apply to your use of the Blood Service Website. 17.5 All licences granted by you, and any indemnities given by you and any limitations of our liability survive such termination. 18. Jurisdiction and law 18.1 These Terms are governed by and must be construed in accordance with the laws of the Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter. 19. International use 19.1 We make no representation or warranty that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside Australia. If you choose to access the Online Self Service from other locations, you do so at your own risk and are responsible for compliance with all applicable laws.  You are not authorised to access the Online Self Service from any location where doing so would be illegal. 20.  Severability 20.1 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. 21.Entire agreement These Terms represents the entire agreement between you and the Blood Service for use of the Online Self Service and it supersedes any prior proposal, representation, or understanding between the parties. 22. Contacting us If you have any questions about the Blood Service Website, the Donor Mobile App or these Terms, please contact us and following the instructions from this page. If you have a query about the Blood Service's Privacy Policy, contact details for our Privacy Officer are set out in the Privacy Policy. Red Cross Blood Donation PRIVACY POLICY Published 30/07/2018 12.32 PM   |    Updated 18/04/2019 03.26 PM The Australian Red Cross Blood Service (Blood Service) is bound by the Privacy Act 1988 as well as other laws that impose obligations regarding personal and health information. The Blood Service is committed to protecting the privacy of personal and health information. This Privacy Policy details how your personal information is collected, used, stored and disclosed by the Blood Service and how you may contact us if you would like to access or correct your personal information. This Privacy Policy sets out the Australian Red Cross Blood Service’s (Blood Service) commitment to protecting the privacy of personal information, including health information, collected by the Blood Service or provided to the Blood Service, both tangibly (e.g.  in person at donor centres) or online (e.g. through Blood Service websites, mobile applications or other digital platforms).   This Privacy Policy details how personal information is collected, used, stored and disclosed by the Blood Service and your rights in relation to this. What personal information the Blood Service collected and holds In order to provide life-giving blood, plasma, transplantation and biological products for world-leading health outcomes, the Blood Service collects and holds personal information about individuals (including sensitive health information). Blood Donors  For the safety of both donors and the blood supply, the Blood Service needs to collect information about health, medical history, travel and certain high risk activities (in the context of blood donation) of blood donors and people volunteering to be blood donors.  The information collected from blood donors includes: * Name * Contact details including email address, mailing  address, street address and telephone numbers * Date of birth * Medical history * Travel history * Certain high risk behaviours relevant to a safe blood supply, such as recent sexual activity The Blood Service will collect and hold the personal information supplied by donors when they register, or attend the Blood Service as a donor including in the donor interview, test results for each donation, details of any adverse events and any communication or correspondence with individual donors. From time to time the Blood Service may also collect personal information from donors or prospective donors through customer surveys. Recipients of blood products From time to time, Australian health service providers provide the Blood Service with details of recipients (including potential recipients) of blood products.   This information may include the recipient’s name, blood type, test results and other health information. Medical Pathology Services – Transplantations and Immunogenetics and Red Cell Reference Personal information relevant to these services is not collected directly from an individual but is passed to the Blood Service Tissue Typing Service via referral from the individuals treating health service provider. This information could include: * Name  * Date of birth  * Address, postal and email, and telephone numbers  * Medical history, current medication and other clinical information   * Emergency contact details  * Health fund and health insurance details  * Medicare number The personal information provided to the Blood Service meets the requirements for Medical Pathology Services (NPAAC guidelines).  More information about medical pathologies services is available online. Research participants  The Blood Service conducts research regarding blood donation and transfusion. Sometimes de-identified donation information, such as age and gender, may be used for that research.  Research on donor behaviour using both donor and non-donor participants is conducted where consent is obtained from the individual. Before research is undertaken in relation to any part of a blood donation, approval from an appropriate Human Research Ethics Committee is required and obtained by the Blood Service.  Website visitors  The Blood Service may collect the following information about visitors to Blood Service websites or users of Blood Service mobile applications: * Additional personal information provided directly or indirectly through the use of the website, associated applications, associated social media platforms and or accounts from which users (including donors, recipients, health professionals and members of the public) permit us to collect information. * Browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and browsing behaviour. * Information about access and use of our website, including through the use of internet cookies, communications with our website, type of browser used, type of operating system used and domain name of internet service provider. Why we collect personal information and what we use it for The Blood Service will use your personal information for: * the primary purposes for which it was collected (as set out below); or * for secondary purposes directly related to the primary purposes for which it was collected which you would reasonably expect; or * for other purposes that the Blood Service has told the relevant individual’s about; or  * as permitted or required by law. Blood Donors Personal information is collected from and used by the Blood Service for the following purposes: * to assess the eligibility of individuals to donate blood and to protect both donor health and safety and the safety and sufficiency of blood and blood products; * to maintain contact with donors regarding past donations and for the purposes of future donations; * for research, including research regarding and research for the purposes of therapeutic benefit  blood transfusion and blood safety; and * to maintain contact with donors for the purposes of research, including market research, regarding blood donation and collection and participation in Blood Service activities. The Blood Service also uses information collected from blood donors: * for internal record keeping and administrative purposes such as risk management, education and training of staff, quality assurance activities and to monitor donor satisfaction; and * to comply with its legal obligations including under the Therapeutic Goods Act and health record laws Recipients of blood products In order to provide the most appropriate blood product, Australian health service providers from time to time provide the Blood Service with details of recipients of blood products.  This information is held for future use in the event of further transfusion needs to assist in timely supply of appropriate blood products. Medical Pathology Services – Transplantations and Immunogenetics and Red Cell Reference The personal information collected by the Blood Service meets the requirements for Medical Pathology Services (NPAAC guidelines). The information is used to generate clinical reports which are provided to the appropriate health service providers directly involved in the individual’s clinical care for organ and stem cell transplant or immunogenetics testing.  Research participants  The Blood Service conducts world-class research to inform core activities and contribute to improved operational procedures and changes in clinical practice. Information from blood donors and other research participants is used to conduct this research. Website visitors  Information from visitors to Blood Service websites may be used: * for data analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms; * for online transfusion education programs run for health professionals; * to send individuals tailored information about blood donation and the Blood Service. Disclosure of your personal information The Blood Service may disclose your personal information to: * Blood Service employees whose job responsibilities require such access; * third party service providers for the purpose of enabling them to provide their services, including Australian health service providers where information is relevant for recipient care/clinical safety, IT service provides, data storage, webhosting and server providers, marketing or advertising provider; * our insurers, but only to the extent necessary and permitted by law; * courts, tribunals, regulatory authorities and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; * third parties, including professional colleges and societies, agents or sub-contractors, who assist us in providing information, products, services or communications to you.  This may include parties located, or that store data, outside of Australia; * third parties to collect and process data on behalf of the Blood Service, such as Google Analytics. This may include parties located, or that store data, outside of Australia. If the Blood Service provides your details to a third party acting on behalf of the Blood Service, the third party will be subject to a confidentiality agreement and must only use your personal information for the purposes for which it was provided.  They will be subject to privacy standards equivalent to those that the Blood Service is required to comply with. The Blood Service will not use sensitive information, including health information, for any direct marketing. The Blood Service will not sell your personal information. Your rights and controlling your personal information Consent Please read this Privacy Policy carefully.  By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. Access and correction You have a right to request access to your own personal information.  You also have a right to request its correction if you consider it is incorrect.  In order to protect your personal information from being disclosed to the wrong person, the Blood Service has processes in place to ensure that your identity is confirm as well as the information that you are requesting. The process for requesting your personal information that the Blood Service holds is as follows: * complete the form - download privacy request form * provide the form and a copy of a form of proof of identity to either: * Chief Privacy Officer, GPO Box 5103, Melbourne, Victoria 3001; or * PrivacyRequestsAUS@redcrossblood.org.au Once the Blood Service receives the form and confirms your identity the proof of identity will be deleted or destroyed. The Blood Service seeks to deal with requests promptly but the time to respond can vary depending upon the information requested and the number of requests received. If you can be as specific as possible about the information requested this assists in collating and providing the information. If you believe any personal information we are holding is incorrect or incomplete please contact the Chief Privacy Officer at either: * GPO Box 5103, Melbourne, Victoria 3001; or * PrivacyRequestsAUS@redcrossblood.org.au Anonymity You can contact the Blood Service anonymously online or by calling 1300 606 833.  In some cases, the Blood Service may not be able to provide further information without verifying your identity. Information from third parties If the Blood Service receives information about you from a third party, the Blood Service  will protect that information as set out in this Privacy Policy. The Blood Service only seeks to collect information from someone else if you have consented, it is authorised or required by law, or if it is unreasonable or impracticable to collect that information from you.  Unsubscribe To unsubscribe from the Blood Service’s email database or opt out of communications please contact the Blood Service using the details below or opt-out using the opt-out facilities provided in the communication. Complaints If you believe that the Blood Service has breached the Australian Privacy Principles and wish to make a complaint, please contact the Blood Service setting out the details of the alleged breach, at either: * Chief Privacy Officer, GPO Box 5103, Melbourne, Victoria 3001; or * PrivacyRequestsAUS@redcrossblood.org.au Your complaint will be promptly investigated and the Blood Service will respond to you, in writing, setting out the outcome of the investigation and the steps the Blood Service has taken or will take to deal with your complaint.  If you are not satisfied with the Blood Service’s response you can refer your complaint to the Office of Australian Information Commissioner. Storage and retention The Blood Service is committed to ensuring that the personal information it collects is secure.  In order to prevent unauthorised access or disclosure the Blood Service has put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. In order to administer, secure and back-up your personal information, your personal information may be transferred, stored, disclosed, or processed in data centres located outside Australia, including the United States of America, Singapore and  other jurisdictions from time to time. Where information is stored by a third party, the Blood Service requires them to comply with the Privacy Act and our Privacy Policy. This compliance will be monitored by the Blood Service. Under Therapeutic Goods Legislation the Blood Service maintains blood donor records for as long as reasonably required for the purposes of the safety of donors and recipients.  Collection, use and disclosure of personal information through the Blood Services's website When you email the Blood Service with a query, the Blood Service will collect the personal information you provide. Subject to any exceptions within the privacy legislation, the Blood Service will not use or disclose this information for any purpose other than to progress and respond to your query.  The Blood Service may use cookies on our websites from time to time. Cookies are text files placed in your computers browser to store your preferences.  Cookies, by themselves, do not tell the Blood Service your email address or other personally identifiable information.  However, they do allow third parties, such as Google and Facebook, to cause Blood Service advertisements to appear on your social media and online media feeds as part of the Blood Service targeting campaigns.  If and when you choose to provide Blood Service websites with personal information, this information may be linked to data stored in the cookie. The Blood Service may use web beacons on our websites from time to time. Web beacons (also knowns as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page.  For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing the page. Overseas disclosure The Blood Service will not disclose personal information to an overseas entity except in circumstances where it is permitted under the Privacy Act 1988 (Cth). However, please note information about overseas storage in the “Storage and Retention” section above. Applications for employment Personal information provided to the Blood Service for the purposes of seeking employment is collected and used only for the purposes of considering your application.  The ‘Australian Red Cross Blood Service Recruitment Privacy Statement’ is provided to all applicants and contains a description of how information will be collected, used and stored. Review and amendments The Blood Service may, at any time, vary this Privacy Policy by publishing an amended Privacy Policy on its websites.  It is recommend that you check the Blood Service website regularly to ensure you are aware of the current Privacy Policy.  This Privacy Policy will be reviewed by the Blood Service at least every 2 years or more frequently if required by the Privacy Act or other relevant legislation. Purple WiFi Terms and Conditions AGREED TERMS: 1. Interpretation 1.1 The definitions and rules of interpretation in this clause apply in these terms and conditions. Access Point means any item of access hardware (including signal boosters and repeaters) of a Customer at a Venue through which a User may access the internet. Agreement means the agreement made between Purple and a Customer as constituted by the Customer’s acceptance of these terms and conditions by the placing of an Order. Commencement Date the date of commencement of the Service. Customer means a business customer to which Purple has granted a license to use the Service as identified in an accepted Order. Customer Access Page means the access page (whether or not branded by the Customer) through which Users login in order to access the internet at a Venue. Device means any computer, tablet, mobile telephone, smart phone or other electronic device through which a User accesses the Service. EULA means the end user license agreement in place between Purple and the User at the relevant time. Initial Term the period of 1 year ending on the first anniversary of the Commencement Date. Intellectual Property Rights means any intellectual property rights arising by virtue of or in relation to patent, copyright, database rights, rights in trademarks (registered or unregistered), applications for any of the foregoing, trade secret rights and know how, and any other intellectual property or proprietary rights arising under the laws of any jurisdiction. Order means an individual purchase order relating to the licensing and use of the Service placed by the Customer via the Purple Portal. Purple means Purple Wifi Limited (company registration number 6444980) whose registered office is at Meadowbank Offices, Junction 22 Business Park, Tweedale Way, Chadderton, Oldham, OL9 8EH, United Kingdom. Purple Portal means the online portal provided by Purple through which the Customer may place Orders and administer the usage of the Service by Users. Service means Purple’s hosted software solution which provides: (i) a Customer with a WiFi hotspot platform which may be used by Users to access the internet through one or more Access Points at a Venue; and (ii) customer analytic functionality and reports usable by Customer personnel. Service Level Standards means the minimum levels of performance applicable to the Service and the Support Service set out in paragraphs 1.1 and 1.2 of the Schedule. Service License means a non-exclusive term license in respect of a specified number of Access Points for use of the Service at the Venue(s) for the Service License Term. Service License Fee means such fee, in whichever currency payable, as shall be payable by the Customer to Purple for the relevant Service License Term in respect of a Service License. Service License Term means (as relevant) the Initial Term and each Extended Term. Support Request means a written request from the Customer to provide an element of the Support Service. Support Service means the support relating to the Service provided by Purple to the Customer. Terms of Use means the terms of use relating to the Service as publicised from time to time at https://purple.ai/wifi-terms-of-use/. User means any individual natural person who accesses the internet by means of a Device via a Customer Access Page through an Access Point at a Venue. Venue means the Customer venue at which a User accesses the internet via the Customer Access Page through the Access Point(s). 1.2 Clause and schedule headings do not affect the interpretation of these terms and conditions. 1.3 Words in the singular shall include the plural and vice versa. 1.4. A reference to one gender shall include a reference to the other genders. 1.5. A reference to any party shall include that party’s personal representatives, successors or permitted assigns. 1.6. A reference to a statute, statutory provision or any subordinated legislation made under a statute is a reference to such statute, provision or subordinated legislation as in force at the date of this Agreement. 1.7. References to clauses and the Schedule are to the clauses of and the Schedule to these terms and conditions. 1.8. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. 2. Commencement and duration of the Agreement The Agreement shall commence on the Commencement Date. Unless terminated earlier in accordance with clause 6.2, the Agreement shall continue and remain in force for the Initial Term and shall, unless terminated in accordance with clause 6.1 or clause 6.2, automatically extend for consecutive periods of 1 year (each an Extended Term) upon the expiry of the Initial Term and each Extended Term. 3. Access Purple has the right to disable access to the Service provided to the Customer or any User at any time if, in Purple’s opinion, the Customer fails to comply with any of the provisions of these terms and conditions or any User fails to comply with the provisions of the EULA or the Terms of Use or otherwise acts in a way that is likely to adversely interfere with Purple’s ability to provide the Service to the Customer or any third party. Where access to the Service is disabled, the Customer shall not be entitled to a refund of the relevant Service License Fee (or any part of it). 4. Service 4.1 Upon receipt of the Service License Fee, Purple shall be deemed to have granted to the Customer the Service License and Purple shall provide the Service and the Support Service to the Customer for the duration of each Service License Term in accordance with the Service Level Standards. 4.2 The Customer acknowledges that title to the Service and to all property and Intellectual Property Rights provided to the Customer or otherwise arising under the Agreement, including but not limited to any software used by Purple in connection with the Service, together with all amendments, additions and enhancements to the Service, shall belong exclusively to and shall remain vested in Purple. 4.3 The Customer accepts the Terms of Use and shall: 4.3.1 comply with and procure that its officers, employees, consultants and agents comply with; and 4.3.2 use reasonable endeavours to procure that each User complies with, the Terms of Use. 4.4 All data which is collected through the Service (Data) shall belong to and remain the property of Purple. Purple hereby grants to the Customer a non exclusive, royalty free license to access, use and exploit the Data until the expiry or termination of the Agreement provided that all such access, use and exploitation is in accordance with all applicable laws and regulatory requirements of any relevant jurisdiction. 4.5 The Customer undertakes to Purple: 4.5.1 not to provide or otherwise make available the Service in whole or in part in any form to any person other than Users without the prior written consent of Purple; 4.5.2 to maintain adequate security measures intended to safeguard the Service from access or use by unauthorised users; 4.5.3 to comply at all times with all applicable laws in the relevant jurisdiction; 4.5.4 to notify Purple as soon as reasonably practicable if it becomes aware of any use of the Service by any unauthorised user; and 4.5.5 not to do (or authorise any third party to do) any act which to the Customer’s knowledge would or might invalidate or be inconsistent with any Intellectual Property Rights of Purple and not knowingly omit (or authorise any third party to omit) to do any act which, by its omission, would have that effect or character. 4.6 The aggregate liability of each party to the other or to any third party (whether in contract, tort or otherwise) shall be limited to an amount equal to that proportion of the Service License Fee paid which is attributable to the calendar year within which such claim arises. 5. Service License Fee and payment 5.1 The Customer shall pay the Service License Fee: 5.1.1 in respect of the Initial Term, prior to the Commencement Date; and 5.1.2 in respect of each Extended Term, not later than 30 days prior to the expiration of the previous Service License Term. 5.2 If Purple ceases to provide the Service due to non-payment of the Service License Fee or disables access to the Service pursuant to clause 3 and the Customer subsequently requests that the Service is reactivated then Purple shall be entitled to be paid a reactivation fee prior to the reactivation of the Service. 5.3 Purple reserves the right to claim interest on a late payment under the Late Payment of Commercial Debts (Interest) Act 1998. 6. Termination 6.1 Either party may terminate the Agreement at any time upon not less than 30 days’ notice in writing to the other, such notice to expire upon the expiry of a Service License Term. 6.2 The Agreement may be terminated: 6.2.1 by Purple immediately if the Customer, in the reasonable opinion of Purple, acts in a way that causes or is likely to cause damage to Purple’s reputation; 6.2.2 by Purple immediately if the Customer shall have failed to pay the Service License Fee in accordance with clause 5.1; 6.2.3 by either party immediately on giving written notice to the other where such other party has committed a material breach of the Agreement and, in the case of a breach which is capable of being remedied, the recipient of such notice shall have failed to remedy such breach within 14 days after receiving a notice from the other party requesting it to do so; and 6.2.4 by either party immediately on giving written notice to the other if it becomes apparent that the other party has become insolvent or has had a receiver, administrator or administrative receiver appointed, or has applied for or has called a meeting of its creditors, or has resolved to go into liquidation (except for a bona fide amalgamation or reconstruction while solvent), or an application is made to appoint a provisional liquidator or for an administration order or notice of intention to appoint an administrator is given or a proposal is made for a voluntary arrangement or any other composition, scheme or arrangement with or assignment for the benefit of any of the other party’s creditors, or any event analogous to any of the foregoing occurs in any jurisdiction or if the other party ceases or threatens to cease to carry on business. 6.3 Upon termination of the Agreement for any reason: 6.3.1 Purple will cease to provide the Service to the Customer; and 6.3.2 all amounts owed by the Customer to Purple shall become immediately due and payable. 7. Intellectual property 7.1 Where Purple provides to the Customer software which enables Users to use the Service, Purple grants to the Customer a non-exclusive, non-transferable licence to allow Users to use such software solely for that purpose. The Customer agrees that it shall not, and shall procure that no User shall, without Purple’s prior written consent, copy, decompile or modify such software, nor copy any manuals or documentation (except as permitted by law). 7.2 The Customer shall indemnify Purple for any breach of clause 7.1. 8. Confidentiality 8.1 Each of the parties agrees that the commercial terms of any Agreement and any information relating to the business of the other which is passed to it by the other in connection with the Agreement shall, at all times, be kept and shall remain confidential. 8.2 The confidential information referred to in clause 8.1 may be disclosed by a party only to such of its officers, employees, contractors, auditors or other professional advisors to whom and to the extent to which disclosure is necessary for the fulfilment of the Agreement or for the purposes of professional advice, subject to the relevant party ensuring that any such individual is under a duty to maintain the confidentiality of any such information that is disclosed to him. No confidential information may be disclosed to a third party without the prior written consent of both parties unless and to the extent that such disclosure is required by law. 8.3 Information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the other party’s lawful possession before the disclosure; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence; shall not be regarded as confidential information for the purposes of clause 8.1. 8.4 The obligations of confidentiality in this clause 8 shall continue to apply after termination of this Agreement. 9. General 9.1 Any Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with any Agreement or its subject matter or formation (including non-contractual disputes or claims). 9.2 The parties agree to comply with all applicable laws relating to their respective activities and obligations under the Agreement. 9.3 All notices which are required to be given under the Agreement shall be in writing and shall be sent either by email to such email address as the recipient may designate or by first class pre-paid recorded delivery post or airmail to the registered office address of the recipient or such other address as the recipient may designate by notice given to the sender. Any notice sent by email shall be deemed to have been served one hour after it is sent (save where the sender receives notification that such email has not been delivered) and any notice sent by first class pre-paid recorded delivery post or airmail shall be deemed to have been served 48 hours after posting. 9.4 The Customer may not assign any provision of the Agreement without the prior written consent of Purple. 9.5 A failure to exercise or a delay in exercising a right or remedy provided by the Agreement or by law shall not constitute a waiver of such right or remedy. If an effective waiver of any breach of any of the terms of the Agreement is made, then such waiver shall not constitute a waiver in respect of any other breach of such term or any breach of any other term. 9.6 The terms of any Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations concerning the supply, licensing and use of the Service which might but for this clause have effect between Purple and the Customer or would otherwise be implied or incorporated into such Agreement or considered to take effect as a collateral contract, whether by statute, common law, trade usage, course of dealing or otherwise, all of which are agreed to be excluded to the fullest extent permitted by law. 9.7 No variation of any Agreement shall be valid unless it is in writing, it expressly states that it varies such Agreement and it is signed by authorised representatives of each party. 9.8 A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Agreement. 9.9 No delay, failure or default in the performance of any obligation under any Agreement shall constitute a breach of contract to the extent caused by circumstances beyond the reasonable control of the party whose performance is affected but nothing in this clause shall excuse the Customer from any payment obligations under such Agreement. 9.10 If any term of any Agreement is or becomes unenforceable or invalid, such invalidity or unenforceability shall not affect the other terms of such Agreement which shall remain in full force and effect. If any term of any Agreement is or becomes invalid or unenforceable but would be valid or enforceable if some part of it were deleted or modified by the parties, the term in question shall apply with such modification as may be necessary to make it valid and enforceable. The parties shall act reasonably and in good faith to agree any such modification. The Schedule Service Level Standards 1. Service levels and response times 1.1 Purple shall use its reasonable endeavours to ensure an uptime rate of not less than 99.9%. 1.2 Purple shall use its reasonable endeavours to provide the following response times: 1.2.1. for any issue which results in all Users being unable to access the Service (a Critical Level Issue), within 75 minutes after receiving a Support Request; 1.2.2. for any issue which results in the Service being substantially diminished for Users (a High Level Issue), within 225 minutes after receiving a Support Request; and 1.2.3. for any issue which results in the Service being impaired but not substantially diminished for Users (a Low Level Issue), within 50 hours after receiving a Support Request. 1.3 Purple shall refund such proportion of Service License Fee which is applicable to Downtime which exceeds 0.1%. 1.4 For the purposes of this Schedule, Downtime refers to one or more whole periods of 30 minutes duration commencing upon the submission by the Customer of a Support Request informing Purple that there is a Critical Level Issue (as defined in paragraph 1.2.1). 1.5 The response times set out in paragraph 1.2 refer only to the time within which Purple shall respond to a Support Request. Purple gives no guarantee as to the time it may take to resolve any Critical Level Issue, High Level Issue or Low Level Issue save that it shall use its reasonable endeavours to resolve all such issues as soon as reasonably practicable. 1.6 Paragraph 1.3 shall not apply where and to the extent that Downtime arises from: 1.6.1. Scheduled Service Downtime (as defined in paragraph 2.1); or 1.6.2. failure of the Customer’s own computer systems, network or software; or 1.6.3. failure by the Customer, its employees, subcontractors, agents or other similar third parties to comply with any reasonable instructions issued by Purple; or 1.6.4. breach by the Customer or a User of any terms or restrictions applicable to the Service including, but not limited to, exceeding data storage or transfer limitations; or 1.6.5. any factor which is beyond the reasonable control of Purple including, but not limited to, failure of social media platform providers for such platforms used to deliver the Service. 2. Scheduled Service Downtime 2.1 Purple may, from time to time, require Downtime in order to perform maintenance and upgrades on its computer systems, network and infrastructure (Scheduled Service Downtime). 2.2 Purple shall use reasonable endeavours to ensure that any period of Scheduled Service Downtime causes minimal disruption to the Service and is as brief as is reasonably possible. 2.3 Purple shall notify the Customer of Scheduled Service Downtime no later than 24 hours prior to its commencement. Such notice shall include an outline summary of the work to be performed during, and the estimated duration of, the Scheduled Service Downtime. 2.4 Purple shall use reasonable endeavours to perform maintenance and upgrades without incurring any Scheduled Service Downtime. 3. Service and Performance Monitoring In the event that the Service is not carried out in accordance with the Service Level Standards, the Customer’s remedies shall be limited to those set out in paragraph 1.3. Purple WiFi Privacy Policy Purple WiFi (“We,” “Us,” or “Our”) know that you take the privacy of your information and how it is used and shared very seriously. We will only use your personal information in accordance with the current data protection laws in your country and this privacy policy. This privacy policy describes how We aim to repay the trust you have shown by sharing your personal data with Us. This policy applies to all the websites We operate, Our use of emails, and any other methods We use for collecting information. It covers what We collect and why, what We do with the information, what We won’t do with the information, and what rights you have. Personal data collected through Our WiFi service is configured by Our customers (who operate the venues where you access the WiFi) through their end-user registration and you should consult their privacy policy for full details of the data they are collecting and how they intend to use it. This privacy policy only applies to personal information We hold about individuals. It does not apply to information We hold about companies and other organisations. We may update this privacy policy from time to time by publishing the amended version on Our website. Who We Are In this policy, whenever you see the words (“We,” “Us,” or “Our”), it refers to Purple Wifi Ltd, Meadowbank Offices, Junction 22 Business Park, Tweedale Way, Chadderton, Oldham, OL9 8EH. Registered in England Company No: 06444980. Information We Collect We will only ever collect the information We need, including data that will be useful to help Us improve Our services. We may automatically collect and process the following data about you: Any log-in information you provide when you use guest WiFi services offered by Our customers at their venues, information taken by Us from the social media account (e.g. Twitter, Facebook, Instagram, etc.) through which you access Our WiFi service. The information collected through Our WiFi service is configured by Our customers through their end-user registration and you should consult their privacy policy for full details of the data collected. Subject to your privacy settings, the information that may be collected through Our supported access options can be found here (Submitted Information). Any correspondence between you and Us, your responses to any surveys that We ask you to complete for research purposes, details of any transactions which you carry out through the service, your browsing history, and details of your use of the service including (without limitation) location, data, weblogs, and other communication data and resources accessed by you (Additional Information). Any information which We collect about the computer, tablet, cellular telephone, smartphone, or other electronic device used to access the service (device) including (where available) the MAC address of any connected network interface, the unique device identifiers, operating system, browser types, and telephone number (if applicable) of the device (Device Information). Any information which We collect about your actual location and relative signal strength, and data collected by Us for WiFi enabled devices present at a location by means of relative signal strength from WiFi access points from which an X/Y coordinate is calculated (Location Information). Any data collected by Us when your device is used to access the service including (without limitation) internet protocol addresses, internet service providers, browser types, language, viewed and exit pages, and date and timestamps (Log Information). Details of your visits to Our site, including but not limited to, IP addresses (the location of the computer on the internet), pages accessed, and files downloaded. This helps Us determine how many people use Our sites, how many people visit on a regular basis, and how popular Our pages are. This is statistical data about Our users’ browsing actions and patterns, and does not identify any individual. It simply allows Us to monitor and improve Our service. Personal information, such as name, postal address, phone number, email address, date of birth, gender, and social media account details (such as Facebook, Twitter, Instagram, etc.) that you provide by registering and using Our WiFi services, filling in forms on Our web site (www.purple.ai), and when you contact Us via telephone and include information provided when you: Subscribe to receive one of Our e-communications. Enquire about a specific product or service. Request information via telephone. Request a call back. Respond to a campaign. Enter a competition or promotion. Submit a question to Us or provide Us with feedback. You are provided with an opportunity to opt out from receiving communications from Us or Our partners at the time that your details are submitted and on each occasion that you are contacted thereafter. Our site uses cookies to distinguish you from other users of Our site. This helps Us provide you with a good experience when you browse our site and allows Us to improve Our site. For detailed information on the cookies We use and the purpose for which We use them, please see Our cookie policy. If you want to disable cookies, please refer to your browser’s help option. How We Use the Information We Collect If you have provided Purple Wifi with personal data to access WiFi in a venue, then We will use this data for the performance of the contract described in Our terms and conditions of service which you agreed to when accessing the service. We may also process your personal data for Our legitimate business interests. “Legitimate Interests” means the interests of Our company in conducting and managing Our business and providing you with the best services and products in the most secure way. These interests include: To ensure that content from Our site is presented in the most effective manner for you and for your computer. To collate and aggregate anonymised information for consumer analysis and statistical reporting. To associate submitted information and/or additional information and/or device information and/or location information and/or log information to enable analysis by Us and the owner or sponsor of any venue at which you use the service as to how people move around such venues. In such circumstances, the MAC address of your device is masked to prevent linking data to other sources. To contact you regarding your opinions of Our products and services, which may be used for research and analysis to help Us to improve or modify those products and services. To help Us identify you when you contact or visit Us. When dealing with your inquiries and requests. To help Us improve the quality, security, and safety of Our products and services. To carry out analysis and customer profiling. When you communicate with Us for customer service or other purposes (e.g., by emails, faxes, phone calls, tweets, etc.), We retain such information and our responses to you in the records of your account. When We process your personal data for Our legitimate business interests, We always ensure that We consider and balance any potential impact on you and your rights under data protection laws. If you have any concerns about the processing described above, you have the right to object to this processing. For more information about your rights, please review the “Your Rights” section below. Choice / Opt-In and Opt-Out Whenever the processing of your personal data requires your consent then you will be given the opportunity to opt-in or opt-out to having your contact details used, as set out above, at the time your details are submitted. For example, when you request product information, you can tell Us when you provide your details if you do not want to receive any other information from Us or Our partners, or you can let Us know how best to get in touch with you with information that may be of interest. If you do not wish Us to use your data as set out above, please leave the relevant boxes, situated on the form which We used to collect your data, blank/unticked. Please be aware that if you opt out of marketing communications received from one of our partners, and your information is also held by other partners, you may continue to receive information from these other partners until you inform them that you wish to opt out of marketing communications as well. Sharing Your Information Just like most other organisations, We work with third-party service providers which provide important functions to Us that allow Us to be easier, faster, and friendlier in the way We deliver Our services. We need to disclose user data to them from time to time, for any of the purposes set out above, so that the services can be performed. We have listed below the parties to whom We may disclose your personal data for the purposes set out in this policy: Our employees. The owners of the venues where you access Our WiFi services. Virtual hosting infrastructure providers to host our servers and data, and to provide other services to Us. Third party consultants, service providers, or contractors when providing support and other services to Us. Auditors or advisers assisting Us in Our business operations in any jurisdiction where we operate. Some of our partners drop cookies on this site, they may associate these cookies with hashed emails, IP addresses and browser types for the purpose of making advertisements more relevant to you during your browsing experience. Detailed information on these cookies, including ways in which you can opt-out, can be found {here}.We may also disclose your personal information to third parties if We are under a duty to disclose or share your personal data, for legal or regulatory purposes, in relation to existing or future legal proceedings for the prevention of fraud/loss or to protect the rights, property, safety of Our Group, Our customers, or others. Data Security Our standard policy is to store your personal Information on hosted services located in London for data collected in the EU and Africa, New York for data collected in North and South America and Singapore for data collected in Asia and Australasia. However, from time to time, We may allow individual customers to store your personal information on their own servers located within their own country when they are legally obligated to do so or when they request this. We may transfer the information to other offices and to other reputable third-party organisations as explained above – they may be situated inside or outside the European Economic Area, if this is the case We ensure that compliant safeguards are put in place and clearly communicated to you. We may also store information in paper files. We have security protocols and policies in place to manage and record your data privacy and preferences correctly, and that your data is stored securely to protect against its loss, misuse, and alteration. Documentation can be supplied on request from Our Data Protection Officer using any of the contact methods listed below in the “Your Rights” section. Unfortunately, the transmission of data across the internet is not completely secure. While We do Our best to try to protect the security of your information, We cannot ensure or guarantee that loss, misuse, or alteration of data will not occur while data is being transferred. We will keep your information only for as long as We need it to provide you with the services or information you have required, to administer your relationship with Us, to comply with the law, or to ensure We do not communicate with people that have asked Us not to. When We no longer need information, We will always dispose of it securely by using specialist companies if necessary to do this work for Us. If you are a user of Our WiFi services and you do not log in to one of Our WiFi venues for more than 13 months, all personally identifiable data We store about you is deleted. Your Rights Under the data protection legislation, you have the right to request copies of your data, request rectification of your data, request erasure of your data, object to Us processing your data, utilize the right to prevent your data being used for direct marketing, request Us to restrict the processing of your data and, where Our systems allow, utilize the right to access a copy of the information We hold about you (a subject access request) and utilize the right to lodge a complaint with the relevant data protection authority. We will require proof of your identity before we are able to provide you with any personal information that we have about you. The following information provides additional details about some of these rights and how to exercise them: Right to Make a Subject Access Request (“SAR”) You have the right to view and request copies of your personal data that We have about you. You are able to view or delete this information through Our portal. Login details are emailed to you when you first register on our WiFi services. You may also request this information by contacting Us via one of the methods described below. Right to Rectification You can request that we rectify inaccuracies and missing information in personal data we have about you. Right to Object to Processing You may have the right to object to Us processing your personal data and request that We stop processing it. You may do this by emailing Our Data Protection Officer (see below for details). Right to Request Erasure You have the right to have your personal data erased where the data is no longer necessary for the purpose(s) for which it was originally collected/processed unless We have legitimate grounds or a legal right(s)/obligation(s) to store your personal data. If you wish to exercise any of these rights, please contact the Data Protection Officer in writing at Our Meadowbank Offices, Junction 22 Business Park, Tweedale Way, Chadderton, Oldham, OL9 8EH or by emailing DPO@purplewifi.com. For more information about your rights, please directly contact your local supervisory authority. Beemit Product Disclosure Statement and Terms and Conditions 1.Introduction1.1.Product issuer name and contact details“Beem It” is a facility provided by Commonwealth Bank of Australia ABN 48 123 123 124 (Australian Financial Services Licence Number 234945)(CBA) through the use of the Beem It app. Our contact details are set out in section 15 (on the last page of this document).1.2.Your contract with usIn order to become a registered user of the Beem It app, you will need to:(a)download the Beem It app;(b)agree to the terms and conditions set out in this document; (c)provide the information set out in section 3.1 below;(d)link your Beem It account to your Visa or Mastercard®* debit card (that is attached to an account with an Australian bank account as set out in section 3.1 below); and(e)receive notification that Beem It has approved you as a registered user, after collecting and verifying your identification information.Once you are a registered user of the Beem It app, the terms and conditions set out in this document will form the contract between you, Digital Wallet Pty Ltd (ABN 93 624 272 475) (Digital Wallet) and CBA and will govern your use of the Beem It app and the Beem It facility. This document, and each of the rights contained within it, are for the benefit of, and may be enforced independently by Digital Wallet .These terms and conditions govern any upgrades provided by Digital Wallet that replace and or supplement the original Beem It app.*Mastercard is a registered trademark of Mastercard International Incorporated1.3.Authorised representativeThe Beem It app is made available by Digital Wallet. Digital Wallet is authorised, as CBA’s authorised representative, to arrange for the issue of the Beem It facility through the Beem It app and to provide general advice about the facility. Digital Wallet also manages the facility.1.4.Other documents to read(a)The Banking Code of Practice. This is the banking industry’s benchmark for best practice banking standards and the relevant provisions apply to your Beem It facility. The Banking Code of Practice is available at commbank.com.au or from any of CBA’s branches.(b)The ePayments Code. This code governs electronic transactions and CBA warrant that it will comply with its applicable provisions as they apply to a subscriber. The ePayments Code is published by ASIC and is available at asic.gov.au.2.What is Beem It?2.1.Overview(a)The Beem It app is designed for compatible Android and iOS mobile devices and can be made available to anyone with an approved account.(b)An approved account is an account held with an Australian financial institution in the name of the user of the Beem It app. A Visa or Mastercard debit card must be attached to that account.(c)The Beem It facility offers a fast, simple and convenient way to pay, receive and request money from people or businesses who are also users of the Beem It app.2.2. Features at a glanceSome key features of the Beem It app are:(a)Transact with other registered Beem It users – using the Beem It app, you can send payments to, and receive payments from, other Beem It users registered within Australia using your mobile device.(b)Requesting payments – using the Beem It app, you can also send requests for payment to registered users, and then receive a notification when the registered user uses the Beem It facility to make the requested payment to you.(c)QR Codes – registered users that are providing goods or services can use the Beem It app to generate a QR code that relates to their goods or services and which other registered users and payers can scan to provide details and request a payment.(d)Splitting Bills – using the Beem It app, groups of registered users can divide and allocate amounts owing under a bill. Each user may then pay their agreed share to another registered user, using the Beem It app on their own mobile device.(e)Invitations – registered users can invite other people to become registered users of the Beem It facility so as to enable fast payments with more people.2.3. What are the risks?There are some risks you should consider.(a)You need to take care to nominate the correct payment recipient. Payments that are incorrectly directed may not be able to be recovered – treat your Beem It account in the same manner as you would cash – never send money to someone you don’t personally know.(b)In some cases, you may be liable for unauthorised transactions performed using the Beem It app and for some resulting losses (see sections 3.4 and 6.7 for more information).(c)You might not be able to use the Beem It facility when there are disruptions to computer and/or telecommunication systems.(d)You will not be able to use the Beem It app if the Beem It app is downloaded on to a device that is not working, or not connected to the internet.(e)The Beem It facility relies on the ability to debit amounts from, and credit amounts to, debit cards that are Visa or Mastercard enabled and issued by an Australian bank or other financial institution - see approved accounts at 2.1. The debit card issuer of the payer or recipient may block or suspend the use of this payment service, or an individual transaction, at their discretion.(f)If you use the Beem It app to make a request for a payment to a merchant (who is a registered user) for the purchase of goods or services, and the purchased goods or services are defective, are not as described by the merchant or have been misrepresented, or are otherwise unsuitable, you may need to rely on the merchant for any refund (as you may not be able to claim a refund from your debit card issuer - see section 6.3 for more information).(g)If you request a payment for products or services performed, and there is a complaint, you may be required to refund the payment (see section 6.4 for more information.(h)When you use the Beem It facility to make a payment, the recipient will not be able to tell from their debit card account statement that the payment has come from you. The amount debited to the recipient's account with the recipient's debit card issuer will be shown as a refund made from "Beem It”.3 Getting startedIMPORTANT WARNING REGARDING FINGERPRINTSIf you store any fingerprints on your mobile device other than your own fingerprints, and if you activate the fingerprint access setting in your Beem It app, you will increase the risk of transactions occurring through the use of your Beem It app in circumstances where you have not agreed to the transaction or where you have not approved it. See section 3.4 for more information about acceptable use of fingerprint identification in the Beem It app.3.1.Registering for Beem It(a)To be eligible to register for the Beem It app and to use the Beem It facility, you will need to:(i)be an individual or a director acting on behalf of a company;(ii)be an Australian resident with an Australian residential address;(iii)be aged 14 or over;(iv)provide your full name, date of birth, Australian residential address, email address (which must not be an email address already registered to use the Beem It app or someone else’s email address) and mobile device number (we store your mobile’s device ID and any other information we may require);(v)provide requested details about the company you are acting on behalf of (where applicable);(vi)have, and provide the details for, a valid Australian Visa or Mastercard debit card that is attached to an account with an Australian bank or other financial institution; and(vii)select a user name that is unique to you, such as: “JoeBlooggs@beemit.com.au”.(b)If you are a director acting on behalf of a company, you will be required to confirm that you are authorised to act for and on behalf of the company.(c)You agree that:(i)Other Beem It users who have your mobile number in their contacts list will be able to see that you are a registered Beem It user; and(ii)If you are referred to Beem It by another registered user, they will be able to see when you register for Beem It.(d)You must only use the Beem It app with a compatible iOS or Android device.(e)You can only link your mobile number to one user name.(f)You can only link a unique debit card to one user name.Note: Your Beem It username is not the same as a PayID (used on the New Payments Platform). However, both require the same details, and both can be linked to your mobile number and email address at the same time.3.2Uploaded information(a)You warrant and you must ensure, that all information you provide or upload to the Beem It app is truthful and complete, is not misleading, deceptive or materially inaccurate in any way, and that the uploading is compliant with all applicable laws.(b)You are solely responsible for all your uploaded information. (c)Subject to clause 3.2(d), you own your uploaded information and you grant to Digital Wallet a license to use, display, copy, modify, adapt, aggregate, deal with and publish(subject to Digital Wallet’s privacy policy to the extent it applies to your uploaded information) your uploaded information and all intellectual property rights in respect thereto for the purpose of the Beem It app (including but not limited to providing, maintaining, supporting and developing the Beem It app). (d)Digital Wallet owns and may use, display, copy, modify, adapt, aggregate, deal with and publish in any way it determines, all data (including data derived from uploaded information) in the Beem It app that is de-identified. This right survives termination of this agreement. 3.3.Licence to use Beem It(a)Subject to these terms and conditions, and while you are a registered user, Digital Wallet grants you a personal, non-exclusive, non-transferable, limited, royalty-free, conditional and revocable licence to use the Beem It app on your compatible iPhone or Android mobile device.(b)You must not:(i)use the Beem It app (in whole or part) in any other manner or for any purpose other than the purposes stated in these terms and conditions and the purpose for which it was designed;(ii)sell, rent, lease, transfer, modify, redistribute or sub-licence the Beem It app;(iii)use the Beem It app for benchmarking or developing a competing product, or if you provide or intend to provide any app, service or functionality which competes with the Beem It app;(iv)reproduce information obtained by using the Beem It app except where such reproduction is for your own personal non-commercial use in accordance with these terms and conditions;(v)copy , decompile, reverse engineer, disassemble, exploit, decipher or attempt to derive the source code of, modify or create derivative works of the Beem It app;(vi)use the Beem It app in any way that imposes an unreasonable or disproportionately large load on the Beem It app;(vii)use the Beem It app in any way which violates the rights of a third party or infringes any other party’s intellectual property rights or for any inappropriate, objectionable or unlawful purpose; (viii)use the Beem It app to mislead or deceive or make a false representation about your identity including using a false identity, or impersonating a real or fictitious person, or using an alternative identity or pseudonym;(ix)introduce any virus, worm, Trojan horse, malicious code or other malware or programme which may damage or interfere with the Beem It app, or damage our, or any other user’s computer, software, or any other electronic equipment.(c)Digital Wallet reserves the right to, at any time, and without prior notice, disable or remove your access to the Beem it app or the facility in the event of any breach or suspected breach of this clause 3.3.3.4.Setting up a Beem It PIN and password(a)Before you can use the Beem It app, you will need to select a password and 4-digit Beem It access PIN. You will need to select this password and PIN at the time that you register for use of the Beem It app.(b)You can change your PIN or password at any time, using the Beem It app.(c)We may reject a requested PIN or password, or any email address, at our discretion.(d)If you forget your PIN, you can use your password to reset your PIN. 3.5.Using fingerprint access(a)The Beem It app may offer a fingerprint access setting, subject to your device type, make and model.(b)If you have installed the Beem It app on your mobile device, and fingerprint access is available on that device, you can activate the fingerprint access setting as a substitute for your PIN access. For certain transactions, you may be prompted to enter your PIN as an additional security measure.(c)You must not activate, or keep activated, the fingerprint access setting if you store any fingerprints on your mobile device other than your own fingerprints.(d)If you do allow anyone else’s fingerprints to be stored on your mobile device, and if you activate the fingerprint access setting (despite this being against these terms and conditions):(i)you will be taken to have authorised that person to use your Beem It facility on your behalf;(ii)we will be entitled to treat any transaction request as coming from you; and(iii)you agree that you will be responsible for that person's requests and transactions using the Beem It app.(e)If you or someone else changes the fingerprint access settings on your mobile device, then, (as a security measure) fingerprint access to the Beem It app will become disabled and you will be prompted to enter your PIN to log on to the Beem It app. Only re-enable the fingerprint access setting if you are sure that you were the person who made the changes to the fingerprint access settings on your mobile device.(f)Fingerprint functionality is technology provided by third parties such as Apple, Google and mobile phone manufacturers. Accordingly we are not responsible for:(i)any malfunction to the fingerprint functionality; or(ii)any changes to the fingerprint technology made by these third parties that impacts the way you access the Beem It app.You will still be able to access the Beem It app using your PIN.(g)If you choose to use the fingerprint access for the Beem It app, you’ll still need a PIN and must set and protect your PIN in the manner outlined in these terms and conditions.3.6. How to protect your Beem It PIN and password(a)You must act with care in protecting your PIN and password.(b)You should:(i)memorise your PIN and password as soon as possible, then destroy or delete any record of them;(ii)disguise any ‘prompts’ that you use to assist you remember the PIN or password to prevent others from deciphering them; and(iii)regularly change your PIN and password.(c)You should not:(i)write down your PIN or password;(ii)keep a copy of them on your computer, or your mobile device;(iii)tell your PIN or password to anyone — not even family or friends;(iv)use your birth date, or a numeric version of part of your name, or a number or word that someone can easily guess, (as doing so may reduce your protection under the ePayments Code, and may make you liable for a relevant unauthorised transaction);(v)let anyone see your PIN or password when you're using it; or(vi)use an existing PIN that you have for a debit card. 3.7. Other things to do to avoid unauthorised transactions(a)Lock your mobile device and take any reasonable steps to stop unauthorised use of the Beem It app or disclosure of your PIN and password details.(b)Only install approved applications on your mobile device and never override the software lockdown (i.e. jailbreak or root your device).(c)If you believe your mobile device has been lost or stolen, or suspect your Beem It PIN or password has become known to someone else, notify us immediately.(d)Notify us and your linked debit card issuer immediately if your card is lost or stolen, you suspect your card details have become known to someone else or your transaction history shows any Beem It transfers you did not make or authorise.4. Using the Beem It app4.1. Making payments(a)You should take care to nominate the correct recipient of any payments made using the Beem It app as you may not be able to recover a payment directed or sent to someone by mistake.(b)You can use the Beem It app to make domestic payments to any other registered user.(c)When you instruct a payment to be made to a registered user, you authorise us to debit your nominated debit card for the amount of the requested payment. We then initiate a transfer of the requested payment amount to the nominated account of the recipient.(d)You cannot delete or cancel a payment request once it has been made using the Beem It app.(e)When a payment is made in accordance with your instruction, the recipient will receive a push notification telling them that a payment has been made under the Beem It facility (so long as they have turned on push notifications). The recipient's account statement with the recipient's debit card issuer will show the payment amount credited to that account as a “Beem It refund”. The term “refund” will appear even though the transaction is not in fact a refund in respect of any purchase.(f)As the recipient will not see your name or user name in their financial institution’s transaction history, you may wish to advise them separately of the payment.(g)If for any reason, we are unable to transfer funds to the recipient, we will refund to your card the payment amount (if any) that was debited.4.2. Requesting payments(a)Through the Beem It app, you can request another registered user to make a payment to you.(b)Where the recipient has enabled push notifications, they will receive a push notification with your user name so they know who has requested the payment.4.3. Transaction payment limit(a)The maximum amount you can pay through the Beem It app in one day is $1,000 (from 1 July 2019).(b)The maximum amount you can send through the Beem It app in one month is $10,000.(c)Any other existing limits on your linked debit card will also continue to apply.4.4.Transaction acceptance limit(a)The maximum amount you can receive through the Beem It app in a month is $10,000.(b)Any other existing limits on your nominated debit card will also continue to apply. 4.5.Keeping track of transactions(a)We will send you a push notification whenever we have made a payment to a recipient on your instructions, so long as you have turned on push notifications.(b)You can also check your recent transaction history through the Beem It app or you can check amounts drawn from, or received into, your nominated debit card account with your card issuer at any time.4.6. Registering and updating your debit card details(a)You can nominate up to three debit cards through which we can draw funds for a payment to a recipient, and you can choose between those cards when requesting that a payment be made to a recipient under the Beem It facility. The maximum amount you can pay through the Beem It app in one day is $1000 (from 1 July 2019), even where you have nominated and registered more than one debit card with us.(b)You will need to make sure you update the details of each debit card you have registered with us (for example, to record the current card expiry date) and that these details remain current.5.Fees and charges(a)There are currently no fees charged by us for using the Beem It facility.(b)You will, however, continue to be liable to your card issuer for any fees and charges that the card issuer is entitled to charge in relation to the account to which your debit card is attached. You should consult your account terms with your card issuer if you are uncertain about these fees and charges, and their application.6.What happens if there’s a problem?6.1.Your responsibility for transactions using the Beem It app(a)In general, you’re responsible for any losses that occur using the Beem It app, including all transactions made by you or anyone else using the Beem It app. b) In some circumstances, however, you may be able to obtain a refund of the transaction from your debit card issuer (see section 6.3 below) or from us (see your rights under section 6.7 below).6.2.Does a transaction look wrong or have you made a mistake?You should regularly check the record of your transactions made through the Beem It app, including by checking the transactions shown on your debit card account statement as provided or made available by your debit card issuer. If you identify a mistake or an unauthorised transaction, or if you see anything that you’re not sure about, you should contact:(a)your card issuer as soon as possible; and(b)if the issue relates to an unauthorised use of the Beem It app, contact us as well and as soon as possible (using our contact details set out in section 15 below).6.3.Applying to your card issuer for a refund(a)If you believe that your debit card has been charged in error, or that you may otherwise have chargeback rights, you may be able to get a refund of the transaction from your card issuer. You should see your debit card terms and conditions for details of your chargeback rights.(b)In some cases, to claim a refund, you will need to report your concerns straightaway or within a certain time period (e.g. 60 days) to take advantage of card scheme chargeback rights.(c)Upon being notified of a chargeback by you, we will work with your card issuer to resolve it and may ask you for additional information to resolve your case.6.4.What happens if the person paying you disputes a transaction?(a)If you receive a payment from a registered user, for example for goods or services you provide, the payer may dispute the transaction (for example if they say the goods or services weren’t delivered, or they did not authorise the transaction).(b)If the payer disputes the transaction, we may be required under card scheme rules or otherwise choose to return the funds to them, in which case you authorise us to debit your card for the refund amount.(c)If we are not able to debit your card for the refund amount, you must pay us that amount upon demand.6.5.If your mobile device has been lost or stolenIf your mobile device is lost or stolen, contact us immediately so nobody else can use the Beem It app that is loaded on it (see section 15 for our contact details).6.6. If you suspect someone else knows your Beem It PIN or password(a)You can change your PIN or password at any time using the Beem It app. You should do so immediately if you suspect that someone may have gained access to your PIN or password.(b)You can also contact us (see section 15 for our contact details) and ask us to deregister your Beem It app. We will then de-register your Beem It app so that your PIN and password can no longer be used.6.7.Liability for unauthorised transactions through your Beem It app(a)Subject to sections (c) and (d) below, as between you and us, all liability for losses in relation to your use of the Beem It facility will be determined in accordance with the terms of the ePayments Code.(b)You are not liable for a loss arising from an unauthorised transaction if the loss has been caused by any of the following:(i)the fraud or negligence by our employee or agent, a third party involved in networking arrangements, or a merchant using the Beem It facility or their employee or agent;(ii)a Beem It app, identifier or pass code (such as a password or PIN) which is forged, faulty, expired or cancelled;(iii)a transaction requiring the use of a Beem It app or pass code (or both of them) that occurred before you received one or both of the Beem It app and any pass code;(iv)a single payment transaction being incorrectly debited more than once under your Beem It facility;(v)an unauthorised transaction occurring after you have notified us that your mobile device was misused, lost or stolen, or that the security of a pass code has been breached; or(vi)a situation where it is clear that you had not contributed to the loss. (c)Where section 6.7(b) does not apply, and where we can prove on the balance of probability that you contributed to a loss through fraud, or breach of a security requirement, you will be liable for the loss, but only to the following extent:(i)subject to paragraph 6.7(c)(ii) below, you will be liable for the actual losses that occur before the loss, theft or misuse of a mobile device or breach of a security requirement is reported to us;(ii)however, you will not be liable for the portion of losses:A.incurred on any one day that exceeds the daily transaction limit;; B.incurred in any month that exceeds the monthly limit; C.that exceeds the amount of the unauthorised transaction; orD.incurred on any separate account in respect of which it has not been agreed that you can access that account using the Beem It app or a pass code to perform a transaction.(d)Where section 6.7(b) does not apply, and where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of your mobile device, or that the security of your pass codes has been breached, then:(i)subject to paragraph (d)(ii) below, you will be liable for the actual losses that occur between when you became aware of the security compromise (or should reasonably have become aware of the security compromise in the case of the loss or theft of your mobile device) and when the security compromise was reported to us;(ii)however, you will not be liable for the portion of losses:A.incurred on any one day that exceeds the daily transaction limit; B.incurred in any month that exceeds the monthly limit;C.that exceeds the amount of the unauthorised transaction; orD.incurred on any separate facility in respect of which it has not been agreed that you can access that facility using the Beem It app or a pass code to perform a transaction.(e)Where a pass code was required to perform an unauthorised transaction, and when neither of sections 6.7(c) or 6.7(d) apply, you will be liable for the least of: (i)$150;(ii)the amount of the unauthorised transaction; or(iii)the actual loss at the time that the misuse, loss or theft of your mobile device or breach of pass code security is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit.6.8.When you can’t use the Beem It appYou can’t use the Beem It app to:(a)buy something from a business that doesn’t have the Beem It app installed or hasn’t linked the Beem It app to an eligible debit card; or(b)make a payment to someone in a foreign currency – the Beem It facility can currently only be used for payments in Australian dollars.6.9Availability of and liability for the Beem It app The Beem It app is provided to you on an “as is” basis. To the extent permitted by law:(a)Digital Wallet makes no further representation or warranty (express or implied) about the performance, merchantability or fitness or suitability for any particular purpose, other than as described in these terms and conditions; (b)Digital cannot ensure that the Beem It app will be available at all times and Digital Wallet is not liable if at any time and for any reason you are unable to download or update the Beem It app; and(c)notwithstanding anything to the contrary in these terms and conditions, Digital Wallet will not be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type.(d)Nothing in these terms and conditions is intended to exclude, restrict or modify any applicable consumer guarantees under the Australian Consumer Law. To the extent permitted by law, Digital Wallet’s maximum liability whether in contract, equity, statute or tort (including negligence), to you will be limited in the aggregate to $100 or if required by law, resupply of the services or the cost of having the services supplied again. 6.10.Making a complaintWe try to get things right the first time — but if we do not, we will do what we can to fix it. You can fix most problems or make a complaint simply by emailing us at support@beemit.com.au. We will:(a)keep a record of your complaint;(b)give you a reference number and a staff member’s name and contact details so you can follow up with them if needed;(c)respond to the complaint within 21 days, or tell you if we need more time to complete our investigation;(d)give our final response within 45 days; and(e)if we cannot complete our investigation within 45 days, we will let you know why.If you are not happy with how we handled your complaint, you can contact the Australian Financial Complaints Authority — a free and independent dispute resolution service (see contact details in section 15).6.11. When Digital Wallet may limit, suspend or cancel access to the Beem It app or end this agreement(a)Digital Wallet reserves the right at any time to limit, suspend or cancel access to the Beem It app or any of its features, or to refuse to process a transaction, without first telling you, including if:(i)you do not comply with these terms and conditions; (ii)you give your PIN or password to another person to use (e.g. your partner, spouse, child, friend, parent);(iii)we believe the Beem It app has been or may be used illegally or in a way that may cause losses to you or us;(iv)we consider it necessary to manage their respective regulatory obligations;(v)you upload to the Beem It app or gave us false or inaccurate information when you registered for the Beem It app;(vi)you include or use inappropriate content in the Beem It app;(vii)we consider there to be appropriate security reasons; (viii)we need to perform maintenance works; (ix)We form the view that its brand, operations, the Beem it App or business (including its customers, partners or affiliates) may be adversely affected or harmed as a result of your continued registration or use of the Beem It app.(b)Digital Wallet may end this agreement for any other reason by giving you at least 30 days’ notice.(c)Should any of these things occur, you acknowledge that your personal settings and other saved data may be lost, and that we are not responsible for any such loss.6.12To the extent it is permitted as facility provider, CBA may also suspend and cancel access to the Beem It app or any of its features, or to refuse to process a transaction without first telling you.7. Notifications(a)Certain functionality on the Beem It app may require you to allow notifications from us via a notification or messaging service or other reminder mechanism.(b)Notifications will be sent to your registered mobile device, where it has push notifications enabled. This may include where you have paired your mobile device with a smart watch. Notifications could be seen by others (including unauthorised persons) who use or access your mobile device or who are able to see your smart watch.(c)Please check the push notifications settings on your mobile device to ensure they are switched on. You may not be able to use certain services if they are switched off. You can turn on Beem It notifications via your Settings.(d)Notifications may include:(i)details of payments made;(ii)requests for payment;(iii)receipt of payments;(iv)security and service alerts;(v)updates to terms and conditions; and(vi)alerts when new versions or upgrades are available.(e)You acknowledge that delivery of notifications may be subject to the quality of your connection and it is your responsibility to check any information before acting on it. All notifications will be sent to you and managed in accordance with the Beem It Privacy Policy. We reserve the right to suspend or discontinue notifications at any time without notice.8.Protecting your privacyAs set out in section 1.3 above, we use our Authorised Representative, Digital Wallet, to arrange for the issue of the Beem It facility through the Beem It app and manage the facility. You authorise Digital Wallet to collect and use your personal information in accordance with this clause. 8.1.What information Digital Wallet collectsDigital Wallet collects personal information about you (such as your name and contact details), and information about your Beem It interactions, such as transactions using the Beem It facility. Digital Wallet may also collect publicly available information about you.8.2.Why Digital Wallet collects your information and what Digital Wallet uses it for Digital Wallet collects your information to provide and manage the Beem It facility and to comply with its and our legal obligations, including in respect of Australia’s commitment to sanctions under UNSC sanctions and Australian autonomous sanctions regimes. Digital Wallet also collects this information to administer its and our customer relationships and internal processes including risk management and pricing, to meet its and our obligations in relation to external payment systems and arrangements with government agencies, and to identify and tell you about products and services that may interest you.If you do not want to receive Direct marketing emails from Digital Wallet, you can opt out of receiving those emails by clicking on the link in the disclaimer of the email. If you would like to change your contact preferences, please contact Digital Wallet by emailingsupport@beemit.com.au.You must give Digital Wallet accurate and complete information. Otherwise, you may be breaking the law and Digital Wallet and we may not be able to provide you with the products and services you require. If you change your personal details (for example, name or email address), you must tell Digital Wallet straight away.8.3.Who we may exchange your information with(a)Digital Wallet may exchange your information with us and we can use your information for any of the purposes set out in this section 8, except that we will not use information obtained from Digital Wallet for direct marketing purposes. (b)Digital Wallet may exchange your information with its related bodies corporate who may use your information for any of the purposes Digital Wallet can.(c)Digital Wallet or we may also exchange your information with any regulator or law enforcement agency who may request personal or transaction information or require that it be lodged for any reason.(d)Digital Wallet or we may also exchange your information with others, for example, your representatives, its service providers, other financial institutions (for example, in relation to a chargeback claim), potential investors or funders of the business, enforcement and government authorities, relevant public registers and payment system operators (for example, Mastercard or Visa).(e)Sometimes Digital Wallet may need to send your information overseas, for example where it outsources particular functions to a service provider located overseas. See Digital Wallet’s Privacy Policy for information about which countries information may be sent to.8.4.Digital Wallet’s and our Privacy PoliciesThe Digital Wallet Privacy Policy is available at beemit.com.au (click the Privacy link). The CommBank Privacy Policy is available at commbank.com.au (click the Privacy link) or at your nearest CBA branch. They contain further details about Digital Wallet’s and our information collection and handling practices, including information about:(a)other ways Digital Wallet and we may collect, use or exchange your information;(b)how you may access and seek to correct the information; and(c)Digital Wallet’s and our complaint handling procedures, including how you can make a complaint about a breach of your privacy rights.We encourage you to check the Beem It and CommBank websites regularly for any updates to the Privacy Policies.8.5.How to contact us For privacy-related enquiries, please contact Digital Wallet by emailing support@beemit.com.au.9. Changes to your Product Disclosure Statement and terms and conditions9.1. Changes we can make(a)We may change the information in this Product Disclosure Statement (PDS) or change these terms and conditions at any time, where the changes will only relate to future transactions or the future use and operation of the Beem It Facility. We will give you at least 30 days' notice if the change introduces or increases fees, imposes, removes or changes a daily or other periodic limit or increases your liability. Otherwise, notice may be given on the day.(b)If the changes to the PDS are materially adverse to you, we will give you a new or supplementary PDS setting out the changes. Otherwise, we will not issue a new PDS, but we will tell you about the changes.(c)We will notify you of any material changes by electronic notice to you via your device or the App Store if you are using IOS, Google Play Store if you are using an Android device. We may require you to confirm your acceptance of changes before we allow you to continue using the Beem It app.(d)Your continued use of the Beem It app after any such variation or modification will be taken to be an acceptance of such variation or modification.9.2. Not happy with the change?If we make a change that you are not happy with, you should cease using and uninstall the Beem It app immediately.10.Intellectual Property(a)Except as expressly granted in clause 3.3(a), Digital Wallet and/or its licensors retain all right, title and interest in and to the Beem it app (and all components of and modifications and enhancements to it, including all patent, copyright, trademark and trade secret rights (registered and unregistered) and wherever in the world they exist) as well as all de-identified Uploaded Information. You do not have any right, title or interest in or to any proprietary rights relating to the Beem It app.(b)You may not use or display any trade marks on or in connection with the Beem It app without first obtaining the consent of the owner of the trade mark. We own the distinctive Beem It brand and logo. You cannot use or display a trade mark that you do not own (regardless of whether the trademark is registered).11. Acknowledgement and compliance(a)The Beem It app is not provided by Apple, Google or any other third-party provider.(b)Accordingly, any queries or complaints regarding the Beem It app (including but not limited to issues regarding intellectual property) should be directed to us and not to Apple or Google.(c)Paragraphs (a) and (b) above apply for the benefit of Apple, Google and any third party whose information appears in the Beem It app. (d)You also acknowledge the application of Australian anti-money laundering and counter terrorism financing regulations, and you warrant that you are not in a location that is subject to any government sanctions.(e)You acknowledge that we will only make the Beem It facility available to you where it is lawful for us to do so (for example where we have satisfied our obligations under anti- money laundering laws to properly identify you and to verify your identity).12.Assignment and novation(a)We may assign, transfer, novate or otherwise deal with our rights and obligations under these terms and conditions, and any document or agreement entered into or provided under or in connection with these terms and conditions. For example, we may novate our contract with you to a third party that we select including, without limitation, Digital Wallet.(b)If this occurs, we will notify you of the date of the assignment, transfer or novation as soon as reasonably practicable on or after the date of the assignment, transfer or novation, but in any event within 30 days. Your use of the Beem It app at any time after your receipt of that notification will act as confirmation of your continuing agreement to such assignment, transfer or novation.(c)Any assignee, transferee or novatee of our rights and obligations must be a party that we have determined (acting reasonably) at the time of the assignment, transfer or novation to be a party that has:(i)any necessary licences or approvals required to provide payment products such as Beem It; and(ii)the capability to perform our obligations under these terms and conditions.(d)Whether or not the assignee, transferee or novatee is a subscriber to the ePayments Code it must nevertheless comply with the ePayments Code in all dealings with Beem It customers as if it was a subscriber.(e)From the date of any novation, these terms and conditions will apply between you and the novatee as if it is the person referred to in these terms and conditions as "us", "we" and "our". This does not otherwise change your obligations under these terms and conditions, or use of the Beem It app in any way.13.Termination or suspension of your Beem It facilityDigital Wallet may terminate or suspend one or both of your Beem It facility and your use of the Beem It app:(a)if you are in breach of these terms and conditions;(b)if we are required to do so in order to comply with any applicable laws (such as anti- money laundering and counter terrorism financing laws, or sanctions laws);(c)if we reasonably suspect you of engaging in any fraud or other illegal activity;(d)if you use the Beem It facility to make any payments in relation to any activities that are not legal in Australia;(e)if a debit card you have nominated is cancelled, blocked or suspended;(f)if directed to do so by an issuer of a nominated debit card or an applicable card network (for example, in circumstances of suspected fraud); or(g)acting reasonably, for any other reason (including where we wish to cease offering the Beem It facility).To the extent it is permitted as facility provider, CBA may also terminate, suspend and cancel your use of the Beem It app. 14.Meaning of words in this document(a)"ASIC" means the Australian Securities and Investments Commission.(b)"Beem It app" means the “Beem It” app service described in section 2.(c)“Beem It facility” means the facility offered by CBA through the "app by which you can make payments to recipients or receive payments from payers.(d)“CBA” means Commonwealth Bank of Australia ABN 48 123 123 124.(e)“card” means a Mastercard enabled debit card, or a Visa enabled debit card you nominate when you register for the Beem It app or add as a card to be used through the Beem It app.(f)"card details" means the card number and expiry date or security/verification code of your card.(g)"card issuer" means the bank or other financial institution that issues your card to you.(h)"card scheme" means Mastercard or Visa, as the case may be (the brand on your card).(i)“compatible devices” or “devices" means Android or iPhone devices that meet the requirements listed on Google Play/App Store.(j)“Digital Wallet" means our authorised representative, Digital Wallet Pty Ltd ABN 93 624 272 475(k)"pass code" includes each of a PIN and password.(l)"payer" means the person initiating a payment by using the Beem It app (whether you when you’re making a payment, or another person when they’re making a payment to you).(m)"recipient " means the registered user that is nominated by the payer as the intended ultimate recipient of a payment made through the use of the Beem It facility.(n)"registered user" means a person who has registered to use the Beem It App and has agreed to these terms and conditions.(o)"security requirement" mean a security requirement or measure to which you are subject in respect of the use of the Beem It app and pass codes, as set out in these terms and conditions.(p)"we", "us" or "our" means Digital Wallet Pty Ltd ABN 93 624 272 475.(q)"you" or "your" means:(i)the individual downloading the Beem It app(ii)if the individual downloading the Beem It app is a director acting on behalf of a company, that company, and where applicable that individual as well.15.Contact us Ask a questionEmail Digital Wallet at support@beemit.com.au Give feedbackEmail Digital Wallet at support@beemit.com.auLost or stolen phone or you suspect unauthorised use of the Beem It appEmail Digital Wallet at support@beemit.com.au and contact your card issuer Make a complaintEmail Digital Wallet at support@beemit.com.au Beemit Privacy Policy How we handle your personal information1.About us1.1Digital Wallet Pty Ltd ABN 93 624 272 475 ('us, we, or the Company') provides a peer-to-peer payments facility / app called Beem It.1.2We are an authorised representative of Commonwealth Bank of Australian ABN 48 123 123 124, under Australian Financial Services Licence (AFSL) 234945.2.Your privacy is important to us2.1We have adopted an approach that is consistent with the Privacy Act, the Australian Privacy Principles (APPs) and the APP guidelines.2.2We protect your information and aim to be clear and open about what we do with it. You can find more information in places like our Product Disclosure Statement and terms and conditions.2.3We understand that your privacy is important to you, and we value your trust. That’s why we protect your information and aim to be clear and open about what we do with it. 3.What information we collect3.1We collect personal information such as your name, address and date of birth, email address, mobile number, plus your identification details such as a driver’s licence, Medicare card or Passport. 3.2When you visit our website or use the Beem It app, we collect your location information, IP address, any third-part sites you access and other details of your interaction with us, including details you enter in the Beem It app.3.3If we require your sensitive information (for example, information about your health, religion or biometrics, such as fingerprints), in accordance with protections set out in the Privacy Act, we will ask your permission first, except where otherwise allowed by law.4.How we use your information4.1We use your information as follows:(a)To verify your identification using a third-party.(b)To manage our relationship with you.(c)To minimise risks and identify or investigate fraud and other illegal activities.(d)To improve our service to you and your experience with us.(e)To comply with laws and assist government or law enforcement agencies. (f)To manage our business, including designing, managing and providing our products and services.(g)To contact your card provider to help resolve a chargeback concern. 4.2We upload and store contacts from your phone contact list to show a match with other Beem It customers.4.3We may also collect, use and exchange your information for other reasons where the law allows or requires us.5.Our interaction with you5.1We may use your information to contact you, to tell you about products and services we think you might be interested in.5.2We may contact you by:(a)Email(b)Phone(c)SMS(d)Social Media(e)In-app5.3You will have the ability to opt-out of any direct marketing messages by contacting support@beemit.com.au.6.Sharing your information6.1We may also share your information with third parties for the reasons inSection 4 or where the law otherwise allows. These third parties can include:(a)Our Service providers — for example, direct marketing and communication agencies, identification verification agencies;(b)Government and law enforcement agencies and regulators;(c)Organisations that help identify illegal activities and prevent fraud; and(d)Other banks and financial institutions – for example if we have to process a claim for mistaken payment or help resolve a chargeback concern.6.2Sometimes we may send your information overseas, including to:(a)Service providers or third parties who store data or operate outside Australia; and(b)Comply with laws and provide assistance to law enforcement or government agencies.6.3Where your information is sent overseas, it is likely to be the United States. If we send your information overseas, we make sure that there are appropriate arrangements in place to protect your information. 7.Keeping your information safe7.1We aim to only keep your information for as long as we need it. 7.2We store your electronic records in secure buildings and systems or use trusted third parties. Here are some of the things we do to protect your information.(a)Staff training - We train our staff in how to keep your information safe and secure.(b)Secure handling and storage - When we send information overseas or use third parties that handle or store data, we put arrangements in place to protect your information.(c)System security - When you log into our websites or apps, we encrypt data sent from your computer to our systems so no one else can access it. We have firewalls, intrusion detection and virus scanning tools to stop viruses and unauthorised people accessing our systems. When we send your electronic data to other organisations, we use secure networks or encryption. We use passwords to stop unauthorised people getting access.(d)Building security - We use a mix of secure card access, cameras, and other controls in our buildings to prevent unauthorised access.(e)Destroying or de-identifying data when no longer required - We aim to keep personal information only for as long as we need it – for example for business or legal reasons. When we no longer need information, we take reasonable steps to destroy or de- identify it.8.Accessing, updating and correcting your information8.1You can view your information, including your transaction history in the Beem It app.8.2If your details in the Beem It app are not correct, and you are not able to update it yourself, you can contact us, see section 10.9.Making a privacy complaint9.1We try to get things right the first time — but if we do not, we will do what we can to fix it. 9.2If you wish to lodge a complaint please email your complaint to support@beemit.com.au9.3We will:(a)keep a record of your complaint;(b)give you a reference number and a staff member’s name and contact details so you can(c)follow up with them if needed; (d)respond to the complaint within 21 days, or tell you if we need more time to complete our investigation;(e)give our final response within 45 days; and(f)if we cannot complete our investigation within 45 days, we will let you know why.9.4If you are not happy with how we handled your complaint, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA).AFCA is a free and independent dispute resolution service.10.Contact DetailsContact Beem ItAsk us a questionEmail us at support@beemit.com.auGive us feedbackEmail us at support@beemit.com.auMake a complaintEmail us at support@beemit.com.auAustralian Financial Complaints AuthorityGPO Box 3 Melbourne VIC 3001Phone: 1800 931 678 (a free call) or visit www.afca.org.auContact the Privacy CommissionerOffice of the Australian Information CommissionerGPO Box 5218Sydney NSW 2001Phone 1300 363 992 or visit www.oaic.gov.au MYMACCA’S CLUB TERMS AND CONDITIONS Important Rules 1. The mymacca’s club (Club), the mymacca’s mobile ordering application (Application), the McDelivery® platform (McDelivery Platform), the party booking website at https://www.mcdonaldsparties.com.au (McDonald’s Parties), the mymacca’s website at https://mcdonalds.com.au/mymaccas/ (Website) and their associated platforms and social media channels (together, the Service) are owned and operated by McDonald’s Australia Limited (ABN 43 008 496 928) and/or any of its franchisees, affiliates, subsidiaries or related bodies corporate (McDonald’s or we, us or our). 2. These terms and conditions also apply to your use of the McDonald’s free internet hotspot (the Wi-Fry). Specific terms and conditions for the Wi-Fry are set out below [see clauses 94 onwards]. 3. Information about: how to become a member of the Club, how to receive and redeem various services, rewards, gifts, prizes and/or benefits available to members of the Club, which may include food/beverage items, non-food items, and/or promotional offers or information (Benefits), how to contribute ideas, submissions or other content to the Club and/or other parts of the Service, how to participate in voting polls, how to engage with any interactive component of the Club and/or other parts of the Service (Contributions), and how to use the Service generally, forms part of these Terms and Conditions. 4. By applying to join the Club, accessing or using the Website, using the McDelivery Platform and/or downloading, accessing or using the Application, you accept these Terms and Conditions. 5. If you do not agree with these Terms and Conditions, you should not use the Service. 6. We can change, suspend or terminate the Service (or any part of it) at any time without prior notice. 7. You may only join and participate in the Club or use the McDelivery Platform and provide personal information if you are an Australian resident aged 14 years or over. If you are under 18, you need your parent or guardian’s consent. Once you join the Club or use the McDelivery Platform, you are bound by these Terms and Conditions, and your parent or guardian who provided consent (if applicable) will also be bound. HOW TO JOIN THE CLUB 8. You must join the Club to receive and redeem Benefits, make Contributions to the Website, use the Application, McDelivery Platform and Service, and/or participate in the Club generally. 9. You cannot join the Club if you are under 14. 10. You can join the Club by: registering on the Website by providing your given name, family name, current email address, Australian postcode for your home and a password. You can also provide preferences, a nickname and a mobile phone number. We’ll then send you an activation email and you’ll need to follow the prompts; or using another method we provide to you and following the prompts set out in that invitation, to create an account (Account). 11. The information that you provide in registering your Account must be current, correct and complete. You are only able to register and maintain 1 Account and the Account must be in your own name. You must not use another member's Account. 12. You can manage your Account via the Website, including changing any of the information provided and deleting your Account.. 13. We can refuse membership and Account registration requests. This includes where you have previously been banned from the Website or another website. 14. We may refuse requests for log-ins that are the same as or similar to existing log-ins; or are inappropriate, offensive, obscene, abusive, defamatory or illegal; or infringe copyright, contain brand names, company names, or registered trade marks; or contain names of high profile or public figures; or contain words promoting political, religious, social, or economic issues; or use the name of another person. 15. We may ask you to produce identification to confirm your details and eligibility. If you choose not to provide identification we may cancel your Account. 16. You must keep your Account details confidential and you are responsible for any activity on your Account. You must immediately notify us of any unauthorised use of your Account or password or any other security breach. It is your responsibility to delete your Account when you no longer wish to be a member. 17. The Club will continue for as long as we decide. 18. If we terminate the Club, you will have until 90 days from the termination, or until the expiration date of your Club Benefits, whichever is earlier, to use your Club Benefits. We will not be liable for the termination of the Club or loss of your Club Benefits. 19. We also run other promotions and competitions outside the Club. They are run in accordance with their own terms and conditions. BENEFITS 20. We may conduct surprises, voting polls, promotions, competitions, incentive programs or offers for Club members (generally, Offers). These Offers are subject to their own terms and conditions as well as these Terms and Conditions. 21. We may offer services, rewards, gifts, prizes or other benefits to Club members (Benefits). The Benefits may be provided by us or a third party (Benefit Partner). The nature, quantity, availability and award of Benefits are in our absolute discretion. 22. To redeem a Benefit, you must follow the instructions provided by McDonald’s and/or the Benefit Partner. This includes using the latest version of the relevant application relating to the Offer. Any additional costs which may be incurred in redemption of a Benefit, such as travelling to and from a McDonald’s restaurant, are your responsibility. 23. You must redeem a Benefit within the time stated. Otherwise, it will expire. There may be limits on the number of Benefits you can receive, or other conditions such as time of day, day, availability at particular McDonald’s restaurants or similar. Subject to law, these are subject to change without notice. 24. Subject to the law and these Terms and Conditions, we are not responsible if a Benefit is or becomes unavailable. If a Benefit or part of it becomes unavailable for a reason beyond our reasonable control, we can award a similar item of equal or greater value. Subject to law, we are not responsible for any variation in Benefits or their value. 25. Benefits cannot be used in conjunction with any other Benefit, claim, offer, upgrade, promotion or discount or similar. Food or beverage Benefits are only valid for the specific item stated (including size, type and flavour), and cannot be used in combination to claim or discount any McDonald’s meal deal such as an Extra Value Meal or Combo. We can substitute ingredients as a result of seasonal variation, supplier changes or other factors. 26. It is your responsibility to ensure that Benefits are suitable for you, and that food or beverage benefits are consistent with your dietary requirements including any intolerances or allergies. 27. McDonald’s or the Benefit Partner may ask you to provide photo ID to confirm you are the Account holder before you can redeem a Benefit. 28. Benefits must be taken as offered and cannot be sold, transferred, assigned or otherwise dealt with. Benefits are not replaceable if lost or stolen. Benefits will be declared void if stolen, forged, mutilated or tampered with in any way. Benefits are not exchangeable and cannot be taken as cash. We accept no responsibility for any tax implications – you should seek your own financial advice. 29. If a Benefit Partner is providing the Benefit, they are responsible for the Benefit, not us, and they are not our agent (and we are not their agent). You should address any queries about the Benefit to the Benefit Partner. Subject to law, we are not liable for availability, quality or fitness for purpose of Benefits offered by a Benefit Partner. CONTRIBUTIONS 30. Sometimes we will invite you to contribute ideas, submissions or other content to the Club and/or other parts of the Service, to participate in polls, or to engage with any interactive component of the Service (Contribution). Contributions will be made public. 31. By making a Contribution, you assign all your worldwide intellectual property rights in the Contribution to us. We can modify or delete your Contribution and we don’t have to acknowledge you as the author or make any payment to you. We can feature your Contribution on social media platforms. 32. By making a Contribution, you also consent to our using the Contribution and your name, likeness, image and/or voice (including photograph, film and/or recording), in any media worldwide for an unlimited period of time. 33. Each time you make a Contribution, you warrant that: your Contribution is your original creation; you have the right to make the Contribution and to make the assignment in section 30; information in the Contribution is accurate and not misleading or deceptive; your Contribution doesn’t infringe the rights of any third party, including privacy rights, intellectual property rights and contract rights; your Contribution isn’t illegal or in breach of any regulation, indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive, objectionable, in support of terrorism, or disparaging to any person; your Contribution doesn’t contain content that has been used in previous marketing for any third party and you won’t submit your Contribution to any third party for any commercial purpose; and your Contribution doesn’t contain any harmful or malicious code 33A. If you publicly post materials on a social media platform (User Content) McDonald’s or our representatives may contact you and request your permission to use or share that User Content. If you agree to give McDonald’s permission to use your User Content, that User Content becomes a Contribution under these terms and conditions, and the terms that apply to Contributions will also apply to the applicable User Content. 34. You waive claims against us for use of any idea, product, design and/or concept similar or identical to any idea, product, design and/or concept in your Contribution. 35. If a law enforcement authority or court asks or requires us to disclose your identity because of allegations of illegal or inappropriate Contributions, we will fully co-operate with the request or requirement. If a third party requests or requires us to remove your Contribution, then it is our decision whether to do so, without liability or notice to you. 36. You are fully liable for any harm caused to people or property, illegal conduct, or breach of other people’s rights arising from your Contributions. You will co-operate with us in any legal action relating to your Contribution when we reasonably request it. 37. Do not rely on the Contributions of others. They are not the views of McDonald’s. We are not responsible for the content of Contributions even if they are defamatory, incorrect, illegal or offensive. THE McDELIVERY PLATFORM AND THE APPLICATION 38. The McDelivery Platform allows you to order McDonald’s for home delivery from participating McDonald’s restaurants in Australia. The Application allows you to order McDonald’s for pick up at a McDonald’s restaurant. 39. The McDelivery Platform and the Application may only be used in Australia and only in respect of meal items generally available at participating McDonald’s restaurants across Australia. 40. When you place an order, you purchase the meal items you have selected and you will be given a unique order code. 41. We calculate McDelivery service areas based on driving time and distance and restaurant capacity. Your closest McDonald’s restaurant may not be the restaurant that fulfils your order. If for any reasons you require a particular restaurant to fulfil your order (for example, a restaurant with Halal certified products), please visit us in restaurant. 42. As the functioning of the restaurant locator relies on third party systems, McDonald’s does not promise that the restaurant locator will be available or accurate at all times. Trading hours are correct at time of publishing but subject to variation. 43. In relation to the McDelivery Platform, we will start preparing your order when it reaches the head of the queue and a driver is available. Quoted delivery times are estimates only and may be affected by traffic, weather and order volume. We give you an estimated time at the start of the order process and when you confirm your order to give you the most up to date time. In relation to the Application, we will start preparing your order when the mobile device you ordered from is within a certain distance of a restaurant (Zone) and you check in on that mobile device. 44. McDelivery service areas are constantly changing as we allocate delivery areas to try to deliver the freshest possible products and to meet changing demand. Sometimes, you will find that you are no longer within the delivery area. In relation to the Application, you must be within a Zone and checked in before your order will be sent to a restaurant, and your order will be sent to the restaurant where you check in. From time to time, we may change the size and shape of the Zone to accommodate for local factors around a restaurant, or for any other reasons we deem appropriate. The Application relies on location services being enabled on your mobile device, and you having your mobile device with you when you enter the Zone and check in. If you enter the Zone without your mobile device or without location services enabled, or if you do not check in, your order will not be sent to our kitchen for preparation. 45. As product availability and pricing may vary from restaurant to restaurant, McDonald’s cannot guarantee that the order you generate using the McDelivery Platform or the Application will be available for the same total cost at the time your order is processed. SIGN IN 46. In order to use the McDelivery Platform, McDonald’s Parties or the Application, you must be a member of the MyMacca’s Club. When you create an Account for the McDelivery Platform or the Application, or place an order on McDonald’s Parties, you accept these Terms and Conditions in relation to the Club. PAYMENT 47. Payment is required in full at the time of order by the methods shown on the McDelivery Platform and the Application. McDonald’s does not accept cash or cheques as a payment option for the McDelivery Platform or the Application. If we can’t process your payment, we won’t be able to fulfil your order. We won’t be liable to you when we can’t process your payment. 47A. Shortly after registering a payment method on the Application or McDelivery Platform, a small verification transaction may appear on your account. The transaction may be for $0 or approximately $1 depending on your card. The transaction is required to verify your payment method and will only appear for a small amount of money. The transaction may appear as pending for up to 10 working days then should disappear. In many cases the transaction will only appear for 1 to 3 days. 48. Requests for refunds should be directed to the McDelivery customer support line on 1300 665 610, or in the case of the Application, requests should be directed to the manager of the relevant restaurant. PROMOTIONS & VOUCHERS 49. In-restaurant promotions may not be available via the McDelivery Platform or Application. Where a promotional product, meal or price is not available for McDelivery or mobile ordering, it will not be available for selection at the time of order via the McDelivery Platform or Application. Prices for McDelivery and mobile ordering are as stated on the McDelivery Platform and Application and may differ from in-restaurant prices. 50. McDonald’s vouchers are not redeemable through the McDelivery Platform or Application unless specifically stated on the voucher terms and conditions. If a voucher is redeemable through the McDelivery Platform or Application, you must enter the code when placing the order. McDelivery drivers will not accept vouchers. 51. McDonald’s may provide McDelivery Platform or Application specific promotional offers from time to time via the McDelivery Platform, Application and/or to Account holders via any other means, such as emails. You must at all times use the latest version of the Application, McDelivery Platform, or any other application as necessary, in order to fully enjoy and participate in a promotion. McDonald’s reserves the right to decline your eligibility and participation in a promotion on the basis that you are not using the latest update. Some offers may not be available in all restaurants, may not be redeemable via the McDelivery Platform or Application, may only be available online and may only be available for a limited time. Specific terms and conditions as applicable to a promotional offer will be stated at time of offer, and will apply in addition to these Terms and Conditions. McDELIVERY MENUS AND ORDERING 52. The McDelivery Platform and Application menus are different from the full McDonald’s menu available in-restaurant. Please check the McDelivery Platform or Application menu carefully when placing your order. 53. All prices are in Australian Dollars (AUD). Pricing is not real time but is correct at time of publishing. Prices may vary at time of purchase. Prices may differ from in-restaurant prices. McDonald’s always recommends you review your order prior to payment before deciding whether or not you wish to proceed with your purchase. We are not liable for any price variations or errors in pricing. 54. It is your responsibility to ensure that your food or beverage order is consistent with your dietary requirements including any intolerances or allergies. PARTY BOOKINGS 55. The McDonald’s Parties website allows parents and guardians to book a McDonald's birthday party online. 56. By making a booking through McDonald’s Parties you confirm that you are 16 or over. McDonald's reserves the right to cancel any birthday party that has been booked online by a person under the age of 16 who does not have the consent of a parent or legal guardian. 57. To reduce booking fraud, the person making the booking will need to register as a user, providing a valid email address. An email will be sent to the email address provided and to finalise and complete the booking the user must click the link in that email. Failure to complete this step will result in the booking being incomplete and not entered into the system. 58. We also act as the agent for restaurants operated by a franchisee of McDonald's, and your contract with the restaurant is directly with them. Bookings are subject to these terms and conditions and policies and you should read these before proceeding with your booking. Our role as agent is limited to facilitating bookings. 59. By making a booking through McDonald’s Parties, you consent to receiving email communications from McDonald’s in relation to your booking, including before and after the party. We may also pass on your booking details to the restaurant. 60. Prices for birthday party packages and optional extras (such as party cakes) include all taxes, unless otherwise stated on the McDonald’s Parties website. Payment for the cost of the party is to be made at the restaurant at the time of the party by cash, EFTPOS or credit card. Not all payment methods may be available at all restaurants. Prices published on the Website are subject to change without notice. 61. Changes and cancellations can be made by logging into McDonald’s Parties using the unique user identification and password created when the party is first booked. Changes or cancellations cannot be made later than 48 hours prior to the party. Contact Customer Service on 1300 268 710 should you need to modify or cancel your booking after this time 62. A 10 guest minimum applies to all party bookings. Adults attending in a supervisory capacity do not count as guests for the purpose of this condition. The maximum number of party guests allowed varies depending on the restaurant chosen. A minimum of 1 supervising adult is required to remain in attendance for the entirety of the party. McDonald's recommends that 1 adult per 10 children in attendance be present to supervise. 63. Birthday party packages do not incorporate food or beverages for supervising adults, however food and beverages in addition to the party packages may be purchased from the restaurant on the day. 64. McDonald's recommends that birthday parties be booked for and attended by children aged 3 years and above. Games, toys and accessories provided as part of each birthday party package have been safety tested and recommended only for children aged 3 years and above. Any parent, guardian, adult or other person booking a birthday party for a child under 3 years or which will be attended by a child or children under 3 years expressly acknowledges this information and indemnifies McDonald's and its affiliates for any loss, claim or damage as a result of the booking. 65. Customers may elect to bring their own birthday cake or may purchase a McDonald's birthday cake through the Website. Customers who bring their own birthday cake do so at their own risk. McDonald's and its affiliates accept no liability for any loss or damage, however caused which may be directly or indirectly suffered in connection with food products brought to a birthday party which are not supplied by McDonald's. 66. Nutrition and allergen information in respect of McDonald's food and beverages (including the cakes available for birthday parties) is available to view on the McDonald's corporate website; please go to https://mcdonalds.com.au/maccas-food/nutrition to access this information. 67. Any 'Special Offers' posted on the Find a Party Restaurant and Select a Restaurant pages have been inputted directly by the relevant restaurant. McDonald's accepts no liability for any loss in connection with these special offers as these offers are made by the individual restaurant and not by McDonald's. Any queries or concerns in relation to a special offer should be addressed to the particular restaurant making the offer. 68. Customers accept full responsibility for all persons, both children and adults, in attendance at a McDonald's birthday party. USE OF THE SERVICE 69. You download, install, access and use the Service at your own risk and cost, including Internet service provider costs. 70. All material and logos on the Service remain our property. 71. You must not use the Service for commercial purposes or for spam. 72. You must not attempt to decompile, reverse engineer, disassemble or otherwise convert the Service. 73. The Service is only for use in Australia. 74. Use your own judgement when using the Service and take care of your personal safety. In particular, never use the Service when driving. 75. We are not responsible for the content of any other websites, social media platforms or applications linked on the Service. They may have their own terms and conditions. 76. Features, availability and information of third party suppliers, third party products and/or services described or depicted on the Service, or available for enquiry or application through hyperlinks, are subject to change at any time without notice. 77. The Service may link to social media platforms and access information you have shared with those platforms, and/or contact you via those platforms or information (for example, sending an email directly to you to the email address provided to the social media platform). PRIVACY 78. We collect, use and disclose your personal information in accordance with any privacy collection statement that we give you, and as stated in these Terms and Conditions. 79. We collect and use your personal information through the Service for the purposes disclosed when we collect the information and to allow you to: register an Account, receive and redeem Benefits, make Contributions; otherwise use and interact with the Website, and to allow us to: contact you with information about the Service and McDonald’s generally, including special offers, market research or marketing materials via any method; share your information with our Australian and overseas related entities, officers and agents, third parties and promotional purposes, who may also contact you for similar purposes; and use and disclose your personal information for other reasonable related purposes. 80. If you decide not to provide us with your personal information, that’s ok, but we may not be able to process your Club membership or accept Contributions, or provide you with Benefits, or allow you to order using the McDelivery Platform, and it may restrict your ability to use the Service overall. 81. Keeping your personal information safe is important to us. Sometimes your information, including the credit card details that you provide for McDelivery Platform orders, will be processed and stored overseas by us or our service providers, and we have confidentiality and security requirements for processing and storage. However, security of communications cannot be guaranteed and to the extent permitted by law we are not liable for unauthorised access. 82. When you use the McDelivery Platform, you consent to our use and disclosure of the location of your device, so that we can provide the McDelivery Platform functionalities to you, such as restaurant location. GENERAL 83. We can monitor Account activity. We can terminate or suspend your Account, your Club membership and/or your Website access in our discretion, including if we see signs of fraud, abuse or suspicious activity, or any breach of these Terms and Conditions. We reserve our rights in the case of any breach of these Terms and Conditions, our rights, or any unlawful activity. 84. If we believe you are using any automated software or other mechanical or electronic automated method to accept Club membership or receive and/or redeem Benefits, or to take advantage of other promotions, we can suspend or terminate your Account, your Club membership, your ability to place orders on the McDelivery Platform and/or your Website access. 85. To the extent permitted by law, the Service is provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied. McDonald's disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose or that the Service will be error-free or free from harmful code. 86. To the extent permitted by law, we have no liability for any loss or claim that you may suffer or incur as a result of your use of the Service. 87. Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of goods or services. For a minor failure, we may choose to provide you with a replacement or refund for goods or services, or re-supply a service. 88. To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law. 89. The type of remedy we will offer you may vary depending on how long it takes you to make a claim. 90. We are committed to helping its customers make informed decisions about their food and beverage choices. McDonald’s provides healthier food and beverage options for adults and children and ensures nutritional information is easily accessible to its customers. Nutritional information is available on our website www.mcdonalds.com.au, in its restaurants and, where practical, on product packaging. 91. Our decision in relation to all aspects of the Club is final and no correspondence will be entered into. GOVERNING LAW & AMENDMENTS 92. These Terms and Conditions are governed by the laws of New South Wales, Australia and you consent to the jurisdiction of the courts having jurisdiction in that State and courts of appeal from them. 93. We may amend these Terms and Conditions, so you should check them from time to time. Your use of our Service, following any changes, is your acceptance of those changes. CONTACT DETAILS 94. You may contact McDonald’s via: mail: McDonald’s Australia Limited 21 – 29 Central Avenue, Thornleigh NSW 2120; telephone: 02 9875 7100; and email: mcfeedback@au.mcd.com. WI-FRY 95. Welcome to the McDonald's Australia Limited (ABN 43 008 496 928) (McDonald's Australia) free internet hotspot (the Wi-Fry). 96. Access to and use of the Wi-Fry is subject to these Terms and Conditions (Terms & Conditions). By accessing and using the Wi-Fry, you agree to accept these Terms & Conditions without limitation. McDonald's Australia may at any time revise these Terms & Conditions. Your continued use of the Wi-Fry constitutes your binding acceptance of such revisions, amendments and modifications. Since you are bound by these Terms & Conditions each time you access and use the Wi-Fry, you should carefully review these Terms & Conditions each time you do so. If you do not agree to these Terms & Conditions, you must not access or use the Wi-Fry. 97. For the purposes of these Terms & Conditions, any reference to "you" or "your" includes but is not limited to the owner and authorised user of the computer or mobile device (wireless enabled device) used to access the Wi-Fry. You are responsible for providing your own wireless enabled device that is capable of accessing the Wi-Fry with its own power source. McDonald's Australia does not provide power, information technology advice or assistance to any user of the Wi-Fry. You must not use the Wi-Fry on a wireless enabled device under any circumstances unless you have the express permission of the lawful owner of the wireless enabled device. 98. The Wi-Fry is provided to you free of charge by McDonald's Australia in participating McDonald's Australia premises that are enabled with a wireless local area network, provided you are a customer of McDonald's Australia. You may utilise the Wi-Fry for up to 60 minutes or up to 250 MB (whichever occurs first) in any given 24 hour period, across participating McDonald's Australia premises. After this time, you will automatically be logged-out of the Wi-Fry. SPEED AND RELIABILITY OF THE WI-FRY 99. The speed and throughput of each McDonald's Australia Wi-Fry varies depending on a number of factors, including but not limited to: the capabilities of your wireless enabled device; the physical location of the wireless access points within the premises; Wi-Fry user traffic during the time of access; general internet congestion; wireless signal interference and the location of your wireless enabled device within the premises whilst accessing the Wi-Fry. Each Wi-Fry has a limited range and to gain optimal access, it is recommended that your wireless enabled device accesses the Wi-Fry within the confines of the premises. 100. McDonald's Australia will use reasonable endeavours to provide you with a reliable, stable and secure access to the Wi-Fry but does not promise that access to the Wi-Fry will be continuous, fault-free, secure or accessible at all times. McDonald's Australia advises that the Wi-Fry access is not suitable for supporting any application or use which requires continuous, fault-free network connectivity or uninterrupted data traffic flow. Without limiting any other provision of these Terms & Conditions, McDonald's Australia will not be liable if the Wi-Fry access becomes unstable, un-secured, slow or unavailable at any time for any reason whatsoever. 101. McDonald's Australia will use reasonable endeavours to monitor and attend to any Wi-Fry faults, malfunctions or other problems associated with the Wi-Fry access but will not be liable if such faults, malfunctions or problems occur with the Wi-Fry and shall not be obligated to rectify any such faults, malfunctions or problems associated with the Wi-Fry. LOGGING IN/OUT OF THE WI-FRY 102. To be eligible to use the Wi-Fry, you need to access the Wi-Fry with your wireless enabled device and agree to and accept these Terms & Conditions. You are not required to purchase any item from McDonald's Australia or pay any fee to McDonald's Australia to access the Wi-Fry. 103. Each McDonald's Australia Wi-Fry can only support a limited number of users accessing the Wi-Fry at any one time. McDonald's Australia does not promise that you will be able to access and/or use the Wi-Fry immediately or each time you visit a McDonald's Australia that provides a Wi-Fry. McDonald's Australia reserves the right to block excessive users of the Wi-Fry. 104. To stop using the Wi-Fry, you simply need to disconnect from the Wi-Fry network in your mobile device settings. 105. You will automatically be logged-out of the Wi-Fry if: your access to the Wi-Fry is terminated by McDonald's Australia in accordance with these Terms & Conditions; the wireless connection of the Wi-Fry you are accessing is lost, disconnected or becomes out of range; no activity is detected from your wireless enabled device for a continuous period of 10 minutes whilst logged on to the Wi-Fry; or you utilise the Wi-Fry for more than 60 minutes in any given 24 hour period. 106. Once you are logged-out of the Wi-Fry, you will need to log-in again to regain access to the Wi-Fry. McDonald's Australia cannot guarantee that you will be able to log back in to the Wi-Fry immediately. USER OBLIGATIONS AND LIMITATIONS 107. The Wi-Fry is intended to be used in a fair and "community-minded" manner. To this end, McDonald's Australia or its suppliers may, in their absolute and sole discretion, limit or block access to certain websites and/or content that you may seek to access whilst using the Wi-Fry. McDonald's Australia asks that parents supervise their children at all times while online. Without limiting its rights, McDonald's Australia may block or limit use of the Wi-Fry or access to websites and/or content that McDonald's Australia consider is not "family friendly" or may bring negative exposure or harm to McDonald's Australia's reputation and/or brand. This includes, but is not limited to, use, or access to websites and/or content that: could cause McDonald's Australia or its service providers to be in breach of any law, code or instrument which governs its conduct; could cause McDonald's Australia to incur a liability to any third person or entity; could interfere with the integrity and/or performance of the Hotpot or McDonald's Australia's other networks or equipment; depicts, alludes to or promotes offensive or illegal behaviour; is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or discriminates against or advocates harassment of or discrimination against another person, or causes another person annoyance, inconvenience or needless anxiety;exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or which may contain links to websites which contain the same; promotes conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorised copy of another person's copyrighted work (including but not limited to file sharing applications such as Limewire, eDonkey, Napster or any other Bit-Torrent or peer to peer applications), or misuses the intellectual property or confidential information of us, our service providers or any third party; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging or "spamming"; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; results, or could result in damage to property or injury to any person; could damage, disable, overburden, impair or compromise our (or any other person's) network, systems, security or equipment; contains, or introduces to any network or equipment, any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or material that may damage, destroy, modify, delete, detrimentally interfere with, limit, impair, surreptitiously intercept, access without authority or expropriate any software, equipment, system, data or personal information; collects or harvests any information or data from any service or systems or attempts to do those things or to decipher any transmissions to or from any service or systems; or uses sexually suggestive imagery or any other inappropriate, misleading or deceptive content; or to collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. 108. McDonald's Australia may immediately terminate and/or block your access to the Wi-Fry if you access or use the Wi-Fry in contravention of these Terms & Conditions, attempt to manipulate or bypass any limitations of the Wi-Fry by any means, or behave in a vexatious, illegal, inappropriate, or unsociable manner (whether in a McDonald's Australia or as a user of the Wi-Fry). 109. Access to and use of websites and/or content is also subject to such websites and/or content passing through McDonald's Australia's firewalls, anti-virus and other managed security systems, which are determined and set in McDonald's Australia's sole discretion. SECURITY 110. The internet is an inherently insecure communication medium. Whilst McDonald's Australia will use reasonable endeavours to provide secure access through the Wi-Fry, it cannot guarantee the security of the Wi-Fry at all times. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Wi-Fry and you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times. 111. Without limiting any other provisions of these Terms & Conditions, McDonald's Australia shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Wi-Fry, including but not limited to any viruses you may become subject to during your use of the Wi-Fry. 112. McDonald's Australia strongly recommends you install a personal firewall on your wireless enabled device to block unwanted traffic to, access to and/or downloads to your device. PRIVACY 113. McDonald's Australia is committed to safeguarding personal privacy. It recognises that individuals have a right to control how their personal information is collected and used. McDonald's Australia will only collect, use and store your personal information for the purposes of delivering the Wi-Fry in accordance with applicable legislation and these Terms & Conditions. Without limiting the above, McDonald's Australia advises that it will not capture or attempt to capture any personal information whilst you access and/or use the Wi-Fry without your consent. 114. However, once you access the Wi-Fry and open your internet browser application to view a website, McDonald's Australia will capture and process information regarding your web browser type and/or operating system as used by your wireless enabled device, in order to determine the most effective and/or customised way to display the requested webpage on your device. 115. McDonald's Australia will also collect and store the IP and MAC address of the wireless enabled device that has accessed the Wi-Fry, once the Terms & Conditions of access have been agreed to. 116. McDonald's Australia is not in any way responsible for how any third party (including but not limited to any website that you access and/or use through the Wi-Fry) collects and/or uses your personal information. You are solely responsible for checking the terms of use and/or privacy policy of each website you visit and determining whether you accept such terms of use and/or privacy policies. If you have any queries regarding McDonald's Australia's collection and/or use of your personal information, you may visit www.mcdonalds.com.au and click the privacy policy link. LIMITATION OF LIABILITY 117. Your access to and use of the Wi-Fry is at your own risk. McDonald's Australia acknowledges however that certain statutory warranties may be implied by law which cannot be excluded if goods or services are of a kind ordinarily acquired for personal, domestic or household use. 118. Without limiting the above, McDonald's Australia makes no warranties or representations as to the accessibility, security, stability or reliability of the Wi-Fry and McDonald's Australia specifically disclaims any liability or responsibility for any Wi-Fry faults, failures, interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made using the Wi-Fry. 119. Neither McDonald's Australia nor any other party involved in delivering the Wi-Fry is liable for any direct, incidental, consequential, indirect, or punitive damages or loss arising out of your access to, or use of, or inability to use or access, the Wi-Fry for any reason whatsoever, even if McDonald's Australia has been notified or advised of the possibility of such damages. 120. McDonald's Australia assumes no responsibility, and makes no warranty or representation in relation to, and shall not be liable in respect of your use of any third party proprietary software. 121. McDonald's Australia assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect your computer or mobile device or other property on account of your access to or use of the Wi-Fry. 122. McDonald's Australia is not responsible for the content of any website accessed or used via the Wi-Fry. Your access to, and use of, any website or network connection whilst using the Wi-Fry is entirely at your own risk. INDEMNITY 123. You agree to indemnify and must defend and hold harmless McDonald's Australia and its personnel from and against all loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind arising from your breach of these Terms & Conditions. Blackboard Privacy Statement Summary This summary highlights the key points of our Privacy Statement. You can find details on each point by clicking on the links. * We care about your privacy and have a dedicated data privacy program. We do not and will not sell or rent your data unless this is required in the context of a change in our business structure. Learn more about our approach to data privacy. * This Statement applies to our Blackboard websites as well as to the products and services mentioned in User of our online trial versions or Open Education. For all other products and services, your institution’s privacy statement governs. Learn more about how we use personal information. * We share personal information with vendors that help provide our products and services. We also share personal information with partners and other third parties in certain circumstances. Learn more about how we share personal information. * We conduct marketing to promote our products and services. This marketing is aimed at staff of our current and potential clients and partners. We do not use or disclose student information for behavioral targeting of advertisements to students. Learn more about our marketing. * We do not knowingly collect any personal information from children under the age of 13 without consent. Learn more about how we use children’s personal information. * We employ a variety of physical, technological and administrative security safeguards designed to protect personal information. Learn more about our security safeguards. * We may transfer your information to locations outside of your country. Learn more about data transfers and country-specific privacy information. * You can contact us at privacy@blackboard.com if you want to exercise your privacy rights, have a complaint, or want to ask a question. Learn more about your rights and how you can contact us. This Statement was last updated on May 24, 2018. – What’s New? Introduction We care about privacy. We believe that privacy is a fundamental right for all individuals. Our clients entrust us with the personal information of their employees and their users, who are often students. We take the obligations that are attached to this information very seriously. We therefore have a dedicated data privacy program with privacy by design at heart. You can learn more about our data privacy program by visiting our Privacy Center. Our business model is different from that of companies that collect your personal information to monetize such data. We collect and use personal information to allow us to provide our products and services to our clients and end users. In most cases, we do this at the direction of our clients. We do not and will not sell or rent your data to third parties unless this is required in the context of changes to our business structure such as a merger or acquisition. See Vendors, partners & other types of disclosures for more details on how we may disclose personal information in the context of changes to our business structure. We are EU-U.S. Privacy Shield certified, a proud signatory of the Privacy Pledge, and a member of the Future of Privacy Forum.    Who we are. When we refer to “us,” “we,” “our,” or “Blackboard” in this Statement, we mean Blackboard Inc. and its affiliates. This Statement governs all our services that we provide directly to you. Whether you are browsing our websites, receive our newsletters, or use an online trial version of our products, this Statement governs the use of personal information for all our products and services that we provide directly to you as a so-called ‘data controller.’ When your institution’s privacy statement/policy governs. If you are an end-user of our client and we are providing our products and services to you on our client’s (your institution’s) behalf, we are considered a ‘data processor.’ In this case your institution’s privacy statement governs the use of personal information. Our Privacy Statement does not supersede the terms of any agreements between us and your institution (or any other client or third party), nor does it affect the terms of any agreement between you and your institution. Changes to this Statement. From time to time we will need to update this Statement to reflect changes to our products and services, the way we operate, or to meet new legal and regulatory requirements. You will find the latest version of this Statement at http://www.help.blackboard.com/Privacy_Statement. We will explain changes to this Statement on the What’s new? page. How we use your information depends on your relationship with us What personal information we collect and how we use it will depend on your relationship with us. Please click on the plus symbol to collapse or expand the relevant section below to learn more. The other sections in our Statement apply to all our activities. Website users End user of an institution that uses our products User of our online trial versions or Open Education Vendors, partners & other types of disclosures This section provides more information on how we protect your information when we engage vendors, how we share information with our partners, and in which other scenarios we may share your information with third parties. Vendors We use vendors to help us provide our products and services to our clients and you or to perform work on our behalf. Where this requires access to personal information, we are responsible for the data privacy practices of the vendors. Our vendors must abide by our strict data privacy and security requirements and instructions. They are not allowed to use personal information they access or receive from us for any other purposes than as needed to carry out their work for us. Partners In some countries and regions, our products and services are offered through channel (or reselling) partners (see the list of our channel partners). We will share information with them that is necessary for them to offer and provide our products and services to our current and prospective clients. Some of our products allow you to access functionalities or content provided by our content and technology partners. For example, Blackboard Learn’s integration with Dropbox Education allows institutions and users to store and share content using Dropbox functionalities. With your or your institution’s permission, we will share information about you, such as your name, email, or student ID, that is required for you to access these partner functionalities or content from our products and services. Other types of disclosures We will also share your information where required in the following circumstances. * Payments. Where you use our products and services to make a purchase or transaction, we will share your payment and transaction data with banks and other organizations to process the transactions and for fraud detection and prevention or anti-money laundering purposes. * Changes to our business structure. Where permitted by applicable law and by the contracts with our clients, we may disclose your information in the following cases: * Corporate transactions such as a merger, acquisition, sale of assets, and financing * Bankruptcy, dissolution or reorganization, or in similar transactions or proceedings * Steps related to the previous bullet points (for example, due diligence) * Comply with law. We may need to disclose your information to comply with legal or regulatory requirements and to respond to lawful requests, court orders, and legal processes. We will always aim to limit the information we provide as much as possible. Where such disclosures relate to personal information we hold on behalf of our clients, we will defer such requests to our clients where permissible. * Enforce our rights, prevent fraud, and for safety. We may need to disclose your information to protect and defend the rights, property, or safety of us, our clients, or third parties, including enforcing contracts or policies or in connection with investigating and preventing fraud. * De-identified information. We may disclose aggregate or de-identified information that is no longer associated with an identifiable individual for research or to enhance and promote our products and services. For example, we may share aggregated or de-identified information with our partners or others for business or research purposes like partnering with a research firm or academics to explore how our products are being used and how such data can be used to enhance our functionalities and further help our clients and other educational institutions. We will implement appropriate safeguards before sharing information, which may include removing or hashing direct identifiers (e.g., your name, email address, and device ID). Client engagement & marketing Client engagement Managing the client relationship. We are collecting and storing limited personal information about the relevant contacts at our clients for invoicing, notification of product updates and maintenance, and similar purposes. Marketing Promotion of products and services. We conduct marketing to promote our products and services. This marketing is generally aimed at staff of our current and potential clients and partners. However, we do not restrict activities and events to those audiences when such activities and events benefit instructors and other end users of systems, such as webinars that explain how our products can be used effectively. No advertising to students. We do not use or disclose information (whether personal information or otherwise) about students that we collect through the provision of our educational products and services for behavioral targeting of advertisements to students. Events and webinars. When we conduct or sponsor events and webinars, we will collect information about attendees, such as the session they attend and their contact details, to provide them with relevant product information and other Blackboard-related information. Sharing within Blackboard. We may share personal information related to marketing with the relevant Blackboard affiliates and departments. For example, information from a local Sales team may be provided to the global Field Marketing and Marketing Operations teams to update the relevant systems and send product and other promotional communications to you. Sharing with partners. In some countries and regions, our products and services are offered through channel (or reselling) partners (see the list of our channel partners). We will share the information that is necessary for our partners to promote our products and services to their clients and potential clients. We also work with technology and content partners (see the list of our technology and content partners) with whom we may share information such as event attendance if we have permission to do so. Sharing with vendors. We may use vendors to help us organize and conduct campaigns, events, and other aspects of marketing. We will share with them only the personal information that is necessary and ensure that they are following our strict requirements for vendors (learn more about sharing with vendors). Marketing preferences and opt-out. Our marketing emails will include a link so that you can change your preferences and opt-out of receiving marketing communications from us. You can do this by clicking on the "Unsubscribe" link in the email footer which will direct you to our Marketing Preference Center. While it doesn’t give you the same detailed controls as our Marketing Preference Center, you can also send us email atunsubscribe@blackboard.com to unsubscribe. Online and interest-based advertising. We use third party advertising tools to collect information about your visits to our websites to serve you targeted advertisements based on your browsing history and interests on other websites and online services or on other devices you may use. In some instances, we may share a common account identifier (such as an email address or user ID) with our third-party advertising partners to help identify and contact you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you can visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, the DAA’s resources at http://www.aboutads.info/choices and/or Your Online Choices at http://www.youronlinechoices.com/uk. Please note: * These tools will only opt you out from receiving interest-based ads on that specific browser or device, but you may still receive interest-based ads on your other devices. You must perform the opt-out on each browser or device you use. * Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt-out again. Google Analytics and Advertising. We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to our websites. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by visiting NAI’s online resources at http://www.networkadvertising.org/choices. You can opt-out of third-party cookies from Google Analytics using the Google Analytics opt-out browser setting add-on or third-party ad management tools. You can learn more about our use of cookies in our Cookie Statement. Children’s privacy We do not knowingly collect any information from children under the age of 13 unless and until the relevant institution has provided consent and authorization for a student under 13 to use the products and services and for us to collect information from such student. Please contact us at privacy@blackboard.com if you believe we have inadvertently collected personal information from a child under 13 without proper consent. This will allow us to delete such information as soon as possible. Security We employ a variety of physical, administrative, and technological safeguards designed to protect personal information against loss, misuse, and unauthorized access or disclosure. We have dedicated information security programs and work hard to continuously enhance our technical and operational security measures. Our measures consider the sensitivity of the information we collect, use, and store, and the current state of technology. Our security measures include data encryption, firewalls, data use, and access limitations for our personnel and vendors and physical access controls to our facilities. All products and services that use payment data maintain the applicable Payment Card Industry (PCI) compliance levels. Our compliance with the PCI standards is validated during annual audits that are conducted by external auditors (so called ‘Qualified Security Assessors’). Data transfers & additional regional and country information Data transfers Blackboard is a global company headquartered in the United States. We have a regional hosting strategy, but we may need to access your information from locations outside of your region and country, including in the United States and the Netherlands, for support and maintenance purposes where permitted under applicable law and our contract with your institution. We understand the importance of complying with data transfer requirements. We use approved data transfer mechanisms, such as the EU-U.S. Privacy Shield (see below), to ensure the adequate protection of your information when it is transferred. Learn more about our approach to data transfer compliance in our Privacy Center. EU-U.S. Privacy Shield We comply with the EU-U.S. Privacy Shield Framework regarding the collection, use, and retention of personal information from European Union member countries. Learn more about Blackboard’s compliance with the EU-U.S. Privacy Shield Principles in our Privacy Shield Statement. If you have any questions about our Privacy Shield Statement and related practices, please email us at privacy@blackboard.com or contact us at the address below. United States – FERPA and state education privacy laws We provide educational products and services to schools and other educational institutions. Through the provision of these products and services, we collect personally identifiable information from or about students (“Student Data”), which may include educational records governed by the Family Educational Rights and Privacy Act (FERPA). We consider such Student Data to be strictly confidential and in general do not use such data for any purpose other than improving and providing our products and services to the educational institution or on the educational institution’s behalf. Our collection, use, and sharing of Student Data is governed by our contracts with the educational institutions, the provisions of FERPA, the Children’s Online Privacy Protection Act (“COPPA”), and other applicable laws that relate to the collection and use of personal information of students, but not by the provisions contained in this Privacy Statement. If you have any questions about reviewing, modifying, or deleting personal information of a student, please contact your educational institution directly. Your rights In the EU and many other jurisdictions, you have rights to control how your personal information is used. You may have the right to request access to, rectification of, or erasure of personal information we hold about you. In the EU, you also may have the right to object to or restrict certain types of use of your personal information and request to receive a machine-readable copy of the personal information you have provided to us. In many of our products, you will be able to access your information as well as change and delete some of the information yourself by logging into your account. If you cannot access, correct, or delete the required information yourself, please follow these steps: * If you are a user of our products and services that we provide on behalf of your institution, contact your institution to exercise your rights. They need to manage your request even if it relates to information that we store on behalf of your institution. We will support your institution with your request. * In all other cases, email us at privacy@blackboard.com or contact us using the address below if you want to exercise any of these rights. Please remember that many of these rights are not absolute. In some circumstances, we (or your institution) are not legally required to comply with your request because of relevant legal exemptions. In many jurisdictions, you also have the right to lodge a complaint with the local data protection authority. But please contact us first, so we can address your concern. United States – your California privacy rights If you are a California resident, California Civil Code Section 1798.83 allows you to request information on how we disclose personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may make one request each year by emailing us at privacy@blackboard.com or writing to us (see address below in Section 10). Contact us If you have any questions or concerns about our Privacy Statement or data privacy practices, contact us at privacy@blackboard.com or write to us at the following address. Global Privacy Officer
Legal Department
Blackboard Inc.
1111 19th Street, NW, 9th Floor
Washington, DC 20036   End users of institutions and technical issues: If you are a user of our products and services that we provide on behalf of your institution, contact your institution first as your institution’s privacy statement and data privacy practices will determine how Blackboard uses personal information on your institution’s behalf. If you have a technical or support issue, please contact the helpdesk of your institution. They will be able to assist. Parkrun Terms and Conditions All parkrun events are free to participants and are run by volunteers. There are no permissions expressed or implied by the parkrun organisers. Participants make use of the facilities at their own risk and without express permission from the parkrun organisers or the Park or Council authorities. Running is a physically active sport. You should always seek advice from your GP before taking up a strenuous physical pursuit such as this. I accept that I do so entirely at my own risk and that it is my responsibility to ensure that I am fit and able to take part in the event. Children under the age of 11 years old are the responsibility of their parents or guardians and need to be accompanied at all times before, during and after the run parkrun and its volunteers do not accept responsibility for injury, loss and damage sustained by a participant unless the above injury, loss and damage is proven to have been caused as a direct result of negligence on the part of the organisers. Parkrun Privacy Policy This policy is effective as of 25th September 2018. At parkrun we are committed to respecting and protecting your online privacy. This includes your right to know what we do with the personal information you share with us. It also guides our policies regarding the management of your data, including how the information is collected, how it is processed, and for what purposes.

It is important to us that we communicate our policies and procedures with you clearly and in a manner that provides clarity to you the parkrunner. As such, this policy covers the following key areas: 1. Background Information 2. Why we need your data 3. Categories of Data 4. What data we collect 5. What data we share 6. How we contact you 7. How we protect your information 8. Retention Periods 9. Automated Decision Making 10. Your rights to manage your data 1. Background Information parkrun Global Limited (parkrun Global) is a UK-based charity (Charity Number: 1175062) that ultimately oversees the delivery of parkrun events across the world. Each parkrun country has a relationship with parkrun Global (typically through a licence agreement or subsidiary status) that grants it the right to manage local parkrun events. As part of that relationship, parkrun Global collects, manages, and processes all associated data and is therefore considered the data controller for all parkrun group companies and all parkrun events worldwide.

Our designated Data Protection Officer is Tom Williams (COO, parkrun Global).

Questions about this privacy policy may be submitted to parkrun Global via support.parkrun.com or by post to the address below. parkrun Global Limited FAO: Data Protection Officer Unit 3, Lower Deck Phoenix Wharf Twickenham Middlesex United Kingdom TW1 3DY 2. Why We Need Your Data In order to support our global network of parkrun events it is critical we understand who is participating. There are many reasons for this, from simple stuff like providing participants with information around how and when they have taken part, through to more complex challenges such as measuring the impact of our events on those communities most in need of increasing their physical activity levels and social engagement. The General Data Protection Regulation (GDPR) and Data Protection Act 2018 (DPA) require that all information we collect must be done so under a specific lawful basis. There are six clearly-defined lawful bases for processing information, and we categorise the majority of our data processing under three of those: Contract, Legitimate Interests and Consent. 2.1. Contract When you register for parkrun we need certain information about you to enable us to provide you with the service of walking, running, or volunteering at our events, and to ensure those events are delivered to an appropriate standard, and to allow us to provide you with accurate records of your participation.

This lawful basis also includes any administrative or service-related emails, for example, to confirm that you have registered with us or taken part in one of our events, or to alert you of an update to this Privacy Policy or other policies that are relevant to you. These therefore do not offer an option to unsubscribe as they are necessary to provide the services you requested.

If you do not provide the information required then we will not be able to provide you with records of your participation. 2.2. Legitimate Interests Outside of your direct participation we also wish to develop the reach and impact of our events and as such have a legitimate interest to process certain information with this aim. This includes things like carrying-out research to further understand who is or isn’t participating in our events (in order to understand our ability to impact those most in need) or capturing and sharing images of our events taking place, helping us to inspire other people to engage in physical activity and redefine what it means to be active. 2.3. Consent Above and beyond simple participation as a walker, runner, or volunteer, there are a number of ways you can help us to ensure our events positively impact the health and happiness of their local communities, and remain free to participate in.

One of the best ways to support us in this way is by consenting to receive emails regarding things like milestone t-shirts, event profiles, offers, competitions and emails from our partners, training tips, and more. We therefore provide the opportunity at registration, and via your profile, to opt in to these communications. You can opt out at any time.

Due to GDPR requirements for providing consent, we do not process any data on children under the age of 13 if it would require consent as the lawful reason for processing. For this reason, children under the age of 13 do not have the option to opt in to the above emails. 2.4. Other Bases Although extremely rare, there can be occasions where we are required to process information under one of the other three lawful bases: Legal Obligation, Vital Interest, Public Task. 3. Categories of Data We utilise the following definitions for the types of data we collect: 3.1. Profile & Identity parkrun ID, password, participation instances (walking, running, volunteering), date of birth, gender, full name, images, postcode (not used for purposes of contact), marketing preferences, medical/health information, third party linking information. 3.2. Contact Email address, mobile phone number (SMS results service). 3.3. Technical IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, records of pages visited and other information about the devices you use to access the site. 3.4. Incident As part of our continual review of incidents at parkrun events we maintain a record of relevant details. 3.5. Survey Any data submitted to us as part of research activities. 3.6. Event Imagery Filming and photography captured at our events. 4. What Data We Collect There are a number of ways where either you are able to explicitly share data with us or we are able to collect it as a result of your actions: 4.1. At registration We collect information about you that allows us to support your participation in our events. We use this information to create a profile for you on our database, to which we can connect walking, running, or volunteering instances that in turn track your progress toward various parkrun participation milestones. We also collect information around your activity levels and other relevant personal information that may help us support your participation more appropriately. 4.2. Using your profile You can update information such as emergency contact details, email address, home event and mobile number in order to receive participation notifications via SMS (in some countries). 4.3. By linking your parkrun account with a third-party account Such as by connecting your parkrun profile with Strava you can connect services that you use. 4.4. Research Surveys From time-to-time we send out research surveys that allow us to develop an understanding of parkrun and its participants. 4.5. Partner surveys Sent out by us, help to support our sponsors and other stakeholders in understanding their level of connection with the parkrun communities they support. 4.6. Incident reports Compiled by our local volunteer teams in the event of an incident. Relevant data is collected by the volunteers and uploaded directly or via email to our secure online incident reporting system. In some cases staff add to this data through the process of following-up on incidents. 4.7. Cookies When you visit our websites, cookies will be stored on your computer. Generally, cookies and similar technologies work by assigning to your browser or device a unique number that has no meaning outside of parkrun. We use these technologies to personalise your experience and to assist in delivering content specific to your interests. Additionally, after you’ve entered your parkrun ID and password we save that information so you don’t have to re-enter it repeatedly. Most browsers automatically accept cookies.

Some third-party services we use, such as Google Analytics, may place cookies in your browser. This Privacy Policy covers use of cookies by parkrun only, and not the use of cookies by third parties.

To manage the collection of information through cookies or other equivalent technology you can use the settings on your browser or mobile device. 4.8. Log Files The collection of information: Every time you connect to parkrun websites your IP (Internet Protocol) address registers on our servers. Your IP address reveals no information other than the number assigned to you. We do not use this technology to obtain any personal data against your knowledge or free will (i.e. automatically recording email addresses of visitors). Nor do we use it for any purpose other than to help us monitor traffic on our website, or (in case of criminal activity or misuse of our information) to cooperate with law enforcement. 4.9. Web Beacons These are small pieces of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to us. The information collected via this process will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.).

We may use web beacons on our websites or include them in e-mails that we send to you. We use this information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

In some cases we allow our partners to include web beacons in emails served by us on their behalf. In these instances they are only able to collect anonymous data and have no access to personal information. 4.10. Local Volunteer Event Teams In order to support our local event teams’ requirement to manage their volunteers, process results, and record incidents, we created a dedicated online system, called WebFMS. This enables event teams to carry out their roles with regards the safe and appropriate management of their events, without the need for them to hold or have access to sensitive personal data of their participants. For example, they are able to email their volunteers through WebFMS without being able to see individual email addresses.

It is important to note however that due to the nature of our events, friendships form and as a result event teams are likely to also communicate directly with each other through platforms such as Facebook, WhatsApp, SMS or email. 4.11. Social Media When you engage with parkrun over social media, it will usually be as a registered user of that social media platform. The use of personal data on social media is governed by your agreement with that platform’s own privacy policy or terms and conditions. parkrun official social media pages are administered by parkrun as a data controller of these pages. These social media platforms may process user personal data to deliver anonymised user statistics to the local administrator of that page or event. We do not use the personal data you have made available on social media outside of that platform, unless you have given us your consent to do so. 4.12. Event Photography and Filming Photography or filming is likely to take place at our events, is common practice, and helps us to inspire other people to engage in physical activity and to redefine what it means to be active. It also provides a means for historical recording of our events over time. Furthermore, our use of images helps to demonstrate diverse groups of people engaging in and enjoying physical activity both during parkrun events but also as part of the wider community.

We ensure compliance with safeguarding laws and are supported both in-house through our Safeguarding Lead and externally with the support of other experts in the field of safeguarding. All volunteer photographers at parkrun events are registered with parkrun and required to wear a parkrun high-vis vest, further details of our Photography Policy are published here.

In line with the lawful basis of Legitimate Interest individuals have the right to object to this method of data processing by contacting the event team directly, or parkrun head office, and requesting deletion of relevant imagery. At event-level we will also seek, where the event is informed in on the day, not to photograph those individuals who have previously objected. 4.13. Anonymity In exceptional circumstances, such as for our participants within the custodial system, we allow/require participants to register under a pseudonym. If you have any questions on this process please contact us via support. 5. What Data We Share 5.1. Publicly Available Information We do not offer privacy settings in relation to your walking, running, or volunteering participation, and as such our websites display your name, age category, gender, age grade, participation locations, and finish times. We do, in some cases, share (under the lawful basis of legitimate interest) this publicly-visible data with third parties such as the UK-based Power of 10 website (who, for example, aggregate results from running events across the UK). 5.2. Third-Party Connections Across parkrun territories we offer a number of opportunities for our members to connect their parkrun accounts with other accounts in their name. This could be for the purposes of linking to activity tracking platforms, or sending activity data to incentivised wellness programmes. This can only happen at the request of the user, the specific data shared is clearly defined, and the integration can be stopped at any time by the user simply opting out. 5.3. Anonymised Participant Data Our mission statement is to create a healthier and happier planet and, as a result, much of our internal work centres around understanding the health and wellbeing of our communities. As part of this we have an exclusive global research partnership with the Advanced Wellbeing Research Centre (AWRC), a Department of Health and Social Care funded research centre based in Sheffield, England. Under the lawful basis of Legitimate Interest, we pass anonymised & published participant data to the AWRC who are then able to support health-focused research utilising this data, out of which research articles may be published containing anonymised data. All research on the anonymised data, that is approved by the parkrun Research Board, will have achieved ethical approval through an independent research ethics board. 5.4. Personal Contact Details We do not share our users’ personal contact details with any third parties. All communications sent to our database on behalf of our partners are sent directly by us and only where you have consented for us to do so. 6. How We Contact You The large majority of our outgoing communication, to the parkrun community, is via email. Sending an email to you is a form of data processing, and as such may only be carried out under a specific lawful basis. 6.1. Under the Lawful Basis of Fulfilling a Contract In order to fulfil our obligation to you as a parkrunner, to ensure our events are delivered in a safe and appropriate manner, and to ensure the parkrun organisation is managed appropriately, there are some communications we send to everyone. The following communications fall into this category: 1. Confirmation you have registered with us. 2. Updates to key documents, such as this privacy policy. 3. Confirmation that your participation (walking, running, or volunteering) has been recorded by the local event team. 4. Notification that you have joined a parkrun milestone club and are eligible to claim any associated items such as t-shirts, wristbands, or certificates. 5. For those who have volunteered at a parkrun event, a regular national volunteer update. 6. For those who have signed up to volunteer at a specific parkrun event, emails from that event team relating to that volunteering situation. 6.2. Under the Lawful Basis of Legitimate Interest There are some occasions where we may contact you as part of our mission to make the world healthier and happier. For example, where we write to people who’ve registered but not participated, with the aim of understanding why and then being able to create a more supportive environment. The following types of communications fall into this category: 1. Questionnaires aimed at developing our understanding of who is participating. 2. Emails sign-posting participants to peer-support groups we feel may be suitable based on information you have provided. 3. Questionnaires for research aimed at understanding the effect of parkrun on global health and wellbeing. 4. Local event teams directly contacting specific parkrunners using the WebFMS platform. You have a right to object to receiving these emails, to do that please contact us directly. 6.3. Under the Lawful Basis of Consent Not only is our mission statement focussed on improving the health and happiness of our communities, but we have also made a commitment that participation in parkrun will be free, forever, for everyone. There are ways in which we rely on parkrunners to achieve both of those ambitions, some of which require us to be able to send certain communications. We therefore offer all parkrunners the chance to opt-in (at registration or via their profile) to receive regular updates from us and our partners.

Consent can be withdrawn at any time but does not apply to processing that happened before the consent was withdrawn.

Individual parkrunners can also opt in to receive local volunteer appeals from the events of their choice. This can be amended at any time. 7. How We Protect Your Information We work extremely hard to apply appropriate security measures in order to protect your data from being accessed or disclosed without your permission, or lost. We have a relatively small staff team, who are regularly updated on good practice in data handling, all personal data is password protected and only available to those with a specific need for access.

In the event of a data breach we will notify you and any applicable regulator, where legally required to do so.

At local event level we ask our teams to support all participants (walkers, runners, and volunteers) using our secure online platform (WebFMS) and their official email account (which we also maintain control of centrally). As such, the only personal information event teams hold on their participants is an email address if an email has previously been sent to the event email account. All event-team email accounts are password protected.

Whilst we understand that event teams will also hold files that include parkrun ID barcode numbers of specific participants, this is publicly available information. Should a parkrunner request that their data be deleted from our servers, these barcode numbers will no longer be able to identify specific individuals.

Some event teams also use Facebook to communicate with participants, in these cases we retain admin control centrally and are able to control/remove access when required. 7.1. Third Country Data Transfers On occasion we may use third parties for the purposes of data processing, and these may reside outside of the European Economic Area (EEA). These third parties are selected only if they exist in a territory deemed compliant with relevant legislation (read more) or with regards to third parties based in the US they must be part of the Privacy Shield (read more). 8. Retention Periods In order to present our data retention periods as simply as possible we have chosen to do so
using our definitions of categories of data defined in section 3 above. 8.1. Profile & Identity Data – In perpetuity This is in order to create our results tables, maintain historic records of participation, to allow participants to access their participation records, and to allow anyone who is registered with us to participate at any future parkrun event without the requirement to re-register. 8.2. Contact Data – Ten years from most recent participation instance It is common for people to leave significant time periods between walking, running, or volunteering at our events. It is also common for people to enjoy receiving our communications without participating at our events themselves. 8.3. Technical Data – Three years from point of data collection In order to provide the best possible service to our users, to support the administration of our systems and processes, and to comply with legal obligations. 8.4. Incident Data – In perpetuity We retain this data in order to keep a historical record of our incident profile, from which we are able to continually review our operating policies in order to enable the safe and appropriate delivery of our events. 8.5. Survey Data – In perpetuity This data is used for the purposes of understanding our community in greater detail. Changes over time are of particular interest where comparison of current versus historical data allows us to assess the impact of our events and associated interventions. 8.6. Event Imagery – In perpetuity Event imagery is predominantly processed under the lawful basis of Legitimate Interest, and may be stored securely by event teams in perpetuity as it represents a historical record of that event. Although extremely rare, there can be occasions where we are required to process information conveyed in photographs under another of the lawful bases, such as Legal Obligation, Vital Interest, Public Task. 9. Automated Decision Making and Profiling In some situations we make automated decisions based on various types of data that we hold, this also also known as profiling. Examples of where we use this might be to send research surveys to people who have only ever participated once or to market products to specific demographics of people, such as advertising a local running event to parkrunners in that area.

Whilst our automated decision making processes do not have a legal or similarly significant effect on the individuals concerned, you do have the right to object to us applying these processes to your data.

To understand more about automated decision making and profiling please see this section of the ICO website. 10. Your Rights You have the right to: 10.1. Be informed if your personal data is being used Where appropriate we endeavour to inform you of this at the point where your data is being collected, however for circumstances where that is not practical or possible please refer to this Privacy Policy. 10.2. Get copies of your data You are also free, at any time, to request a downloadable copy of all the data we hold on you. This would include details of all your walking, running, and volunteering instances and as such is something we particularly recommend prior to any request for us to delete your data. To do this please contact us via support. 10.3. Have your data corrected If at any time you feel the data we hold on you is incorrect, and you are unable to change it via your profile, please contact us via support. 10.4. Have your data deleted Should you wish, at any time, for us to delete your data then please contact us via support and we can enable this process. Please note that this is not something that can be undone and as such we would recommend downloading your historical results (see next section) before doing so.

Although we approach every request for deletion on a case-by-case basis, we do not as a rule remove volunteer data simply on request. This is in order support potential future challenges, enquiries, or investigations where this information may be critical. 10.5. Limit how we use your data If you are concerned about the accuracy of the data or how it is being used please contact us via support. Where you have previously provided us with consent to use your personal data in a specific way, you can remove your consent at any time (or opt-out) via your parkrun profile page. 10.6. Data portability Following from point 10.2 (above) we will provide copies of your data in standard machine-readable formats. In such cases, please contact us via support. 10.7. Object to the use of your data Where we are processing your data under the lawful basis of Legitimate Interest you have the right to raise an objection to that processing. This is not an absolute right to object and we will carry out a balancing test where we assess the reasons for your objection in the context of our legitimate interests. 10.8. Raise a concern If, at any time, you have a concern as to how we are handling your information then please contact us via support. If you feel that we have not addressed your concerns appropriately you have the right to raise them directly with the ICO (read more). Imaios cookies agreement Personal data By continuing to browse our site, you accept the use of cookies, intended to collect and store certain information during your visit and use of our services and products. You can refuse the setup of cookies by modifying the settings. However, this may affect the quality of your user experience by limiting your possibilities, as some parts of the site may no longer function properly. License to Use BodyParts3D database License to Use This Database Last updated : 2011/08/25 You may use this database in compliance with the terms and conditions of the license described below. The license specifies the license terms regarding the use of this database and the requirements you must follow in using this database.

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FAX: +81-3-5841-8090 Eroma Privacy Policy Your privacy is important to us and always has been. So, we’ve developed a Privacy Policy that covers how we collect, use, disclose and keep your information secure, and how you can access and correct it.  Please take a moment to familiarise yourself with our privacy practices and let us know if you have any questions. This Privacy Policy applies to all your dealings with us whether in writing, over the phone, in person or when using our website http://www.eroma.com.au/. Eroma Pty Ltd (Eroma) is highly committed to protecting the privacy of personal information and treating personal information with respect and care in accordance with the national privacy principles set out in the Privacy Act 1988. For further information visit https://www.oaic.gov.au/privacy-law. Eroma Pty Ltd is located at the following locations: New South Wales Warehouse, Showroom & Customer Service Prestons (open to the public) 3/48 Bernera Road Prestons, NSW, 2170   Head Office Sydney (not open to the public) 62 Blackshaw Avenue Mortdale, NSW, 2333 Victoria Office, Warehouse, Showroom & Customer Service Melbourne (open to the public) 31 Merri Concourse Campbellfield, VIC, 3061    Should you have any queries regarding this Privacy Policy, please contact our customer support team by calling 1300 725 320 or emailing us at one of the following localised customer support teams. * Customer Support NSW: info@eroma.com.au * Customer Support VIC: info.vic@eroma.com.au  3.1       What Personal Information Do We Collect? We will collect personal information only if it is necessary for business activities, eg in regards to: * Customer Relations - Personal information collected from customers in order to supply them with the goods ordered, to better understand their needs and interests, and to provide them with information about new products, special offers or company updates. * Employment – Personal information collected from job applicants, employees, contractors and referees for the purposes of recruitment, employment, quality assurance and performance management. * Business Relations - Personal information collected from potential and actual business partners and suppliers for the purpose of managing business relations to ensure a portfolio of best class suppliers/partners is available. Customer Relations We may collect the following personal information from customers: * Contact information including name, address, email and phone number; * Payment and transaction information including credit card, debit card or bank account details; * Delivery information including delivery address; * Demographic information including postcode, date of birth, preferences and interests;  * Browsing behaviour including which pages you visit and find useful and which you do not; * Details of your dealings with us and any other information reasonably necessary to provide you with our goods and services or to conduct market research Employment We may collect the following personal information during the recruitment process and throughout your employment: * Application including education and employment background, referee data, criminal record;  * Personal and emergency contact details; * Health information including fitness for work and/or return to work; * Information relating to your engagement, training, performance/conduct, disciplining or resignation/termination; * Terms and conditions of employment, including hours of employment, salary or wages; * Membership of a professional or trade association and trade union membership; * Recreation, long service, sick, personal, maternity, paternity or other leave; * Taxation, banking or superannuation affairs. Business Relations We may collect the following information from potential and actual business partners and suppliers in order to assess capacity and competency, to establish an effective working relationship and to evaluate performance: * Quality management data – people, processes, technology and supply chain. * Financial data – historic, current and projected to ensure the organisation has a strong enough financial base and supplies goods at a competitive price. All information will be collected in a fair, lawful and non-intrusive way. If reasonable and practicable, information will be collected directly from the individual rather than from another person. 3.2       How We Use Personal Information We use personal information in the following ways to: * Provide, deliver, source, administer, improve and personalise our products and services; * Verify your identity; * Process payments and provide credits, refunds and discounts; * Enable our third party service providers/suppliers  to provide us with IT products and services, carry out product investigations, data analysis, QA work, business consulting, auditing, delivery and courier services; * Provide more relevant marketing offers through direct marketing, database compilation, market research, data analysis and segmentation, and the processing or creation of other marketing information; * Personalise our customers' shopping experience, including, where appropriate, identifying individuals; * Communicate with our customers, including product recalls and responding to queries and complaints; * Prevent fraud, including services regarding the protection of our customers' information, eg. credit card information; * Send important notices, such as communications about purchases and changes to our terms, conditions and policies. 3.3       How We Use Cookies A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.  Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. 3.4       How We Disclose Personal Information We will not disclose, sell, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. Third parties we may disclose personal information to include: * Our related companies * Our service providers/suppliers including IT service providers, courier companies, advertising and marketing service providers, and third party fulfillment contractors; and * Our professional advisers including our accountants, auditors and lawyers; * Payment system operators and financial institutions; and * Government agencies. Personal information collected during the recruiting process and throughout employment will only be shared with those who “need-to-know”. It may be disclosed to other departments within the business for administrative purposes. 3.5       How We Keep Personal Information Accurate Organisational policies are a key component of each employee’s induction and training process to ensure all personal information collected is complete, accurate and up-to-date. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like access to information held on you, please write to us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. 3.6       How You Can Control Your Personal Information You may choose to restrict the collection or use of your personal information in the following ways: * Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. * If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time  and opt out from receiving direct marketing information at any time, free of charge, by clicking the 'Unsubscribe' link in the promotional email or by emailing us at info@eroma.com.au. 3.7       Data Security Eroma takes all reasonable steps to protect personal information from misuse and loss, and from unauthorised access, modification or disclosure. We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. 3.8       Links To Other Websites Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. 3.9       Updates To This Privacy Policy This Privacy Policy will be reviewed and updated by us from time to time. Updated versions of this policy will be published on the website. The updated Privacy Policy will apply whether or not specific notice of any change has been given. We encourage you to check our website regularly for any updates to our Privacy Policy. Eroma TERMS & CONDITIONS Scroll down to see our terms and conditions concerning payment methods, refund policy, privacy policy and website terms of use. Thank you for shopping with Eroma Store Pty Ltd. We appreciate that you like our wide range of products. We also want to make sure you have an extraordinary experience while you’re exploring, purchasing and evaluating our products, whether you’re at our online store, in one of our showrooms, on the phone or LiveChat with customer service. To make it easier to read, we will refer to these entities as “Eroma” in this policy.  As with any shopping experience, there are terms and conditions that apply to transactions with Eroma. By placing an order or making a purchase at Eroma, or by accessing any areas of https://eroma.com.au/ and other related websites, you agree to be legally bound and to abide by the terms set forth below.   SECTION 1 - PAYMENT METHODS AND PRICING 1.1 Payment Methods  We have a variety of secure payment options available for you: 1. Credit Card - We accept Visa and Mastercard online. Orders are processed immediately and sent to our warehouse for packing. This is the fastest way to receive your order and our most popular payment method. A 1% surcharge applies. 2. PayPal – We accept PayPal. Simply tick this option on checkout and access your PayPal account through our website. This way, your payment will be processed immediately. If you log into your PayPal account through a generic pathway, we will require up to one business day to identify and confirm your payment. Please ensure that you use your invoice number in the PayPal notes and pay us at info@eroma.com.au. A 2.9% surcharge applies. 3. Direct Deposit – We accept Direct Deposit. Simply select this option on checkout. Upon completion of checkout, you will receive our bank details on the emailed invoice, so you can transfer the order amount into our bank account. Please use your order number as the reference number when making the transfer. No fees apply for this type of payment. Depending on bank processing times, this can take between 24 and 72 hours. 4. Bpay – We offer payment via Bpay. Simply select this option on checkout. A Bpay number and full details will automatically be generated at the time of checkout and this will appear on your emailed invoice. Note that the Bpay number is different for each order, so only use this once for that particular order. Depending on bank processing times, this can take between 24 and 72 hours. A 2% surcharge applies. 5. Phone Payment (credit card) – Select this option if you would like to phone us with your credit card details upon completion of checkout. Simply ring us in Sydney on 02 8316 5530 or in Melbourne on 03 8372 1200 within 7 days of placing your order, and quote your order number. Payments are instant and secure. Please note that we cancel unpaid orders after 7 days. 6. Pay at Pickup (cash, eftpos or credit card) – Select this option if you would like to pay at our warehouse on pickup. Please note that we cancel unpaid orders after 7 days. For Pickup Orders - If you have paid for your order online via credit card or you wish to pay cash or card at pickup, you can collect your order at your convenience. It is advisable to phone ahead to either Sydney on 02 8316 5530 or Melbourne on 03 8372 1200 and advise us of your collection time to ensure your order is ready prior to your arrival. If you have paid via Direct Deposit or BPay, please note that you can only collect goods once payment has been cleared. Depending on bank processing times, this can take between 24 and 72 hours. You will be emailed as soon as we receive the funds. If someone other than yourself is picking up the order, please provide them with the order number, and the name the order is under. For Shipped Orders - Once payment has been received, your order is immediately placed in the queue to be packed and shipped in sequence. You will receive email notifications throughout the process as well as tracking details, so that you can easily track your order once shipped. Shipped orders are designated to be supplied from your closest EROMA warehouse however if certain products are only available from an alternative warehouse an order may be split across various warehouse locations. 1.2 Pricing Policy The products offered by Eroma are subject to availability and may be withdrawn at any time. We reserve the right to refuse to accept an order in whole or in part. We will process your order once you have registered and we have received your payment details. All pricing is subject to change without prior notice. The prices quoted by an Eroma representative or viewed on https://eroma.com.au/ are in Australian dollars (AUD) and are fully inclusive of government taxes (GST). International orders will have the GST removed. 1.3 Minimum Quantity for International Orders The minimum quantity for all international orders is $1000 AUD excluding government taxes (GST).   SECTION 2 - REFUND POLICY We fundamentally believe you will be thrilled with the products you purchase from us. That's because we strive to ensure that they’re sourced or made in line with our customer needs. We understand, however, that sometimes a product may not be what you expect it to be. In that event, we invite you to review the following terms relating to returning a product or making a claim for a refund, credit or replacement product.  Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection law and regulations. Please note that there may be limitations to your right to return and obtain a refund for products. However, these will always be subject to your statutory rights. 2.1 At a Glance There are a number of reasons why you might want to return a product or make a claim for a refund, credit or replacement product: * Change of mind - You made an error or no longer need the product * The product is not conforming to specifications * You received the wrong product * You received a damaged product * Your order got lost in transit by the courier company * Your delivery was incomplete In case of a “change of mind” claim, there are some items that are ineligible for return. Due to our hygiene and quality control purposes, we do not accept returns on: * Fragrances and fragrance notes * Diffuser Base * Wax * Candle additives * Wicks * Colour dyes, chips or blocks * Butters * Melt and pour soap This ensures we only sell quality products that have not been tampered with, diluted or exposed to temperature change. Products need to be returned at your cost, in original condition suitable for resale. For  a “change of mind” claim, a 15% admin/re-stocking fee (with a maximum limit of $250) will apply to enable us to process the claim, do quality control checks and put items back in stock online and in the warehouse. All claims must be lodged within 7 days of receipt or delivery of goods. In the case of a lost order, please allow 7 days for it to arrive, and then lodge your claim within 7 days thereafter. 2.2 Shipping & Delivery Eroma offers deliveries to most areas of Australia. Delivery can be overnight, and no more than 7 working days to most parts in Australia from date of dispatch. Please note that not all payment methods are instant. For BPAY, Direct Deposits and sometimes PayPal, it can take 1 to 3 days for funds to appear in our account, which delays the processing of your order. Upon delivery, please check completeness and quality of products to ensure you are satisfied with your purchase. A delivery is interpreted as an attempted delivery by us. We do not accept liability for delay in the event there is no-one to receive the delivery at the delivery address. We advise all customers to carefully choose an address where someone will be available during normal business hours to receive the goods. If no-one is there, or if the delivery address details provided by you are incorrect and thus affect delivery, you will be responsible for the cost if the parcel is returned to us and if you wish to have the shipment returned back to the correct address. 2.3 Claims Process Claims must be lodged within 7 days of delivery/expected delivery. Please use our online claims form located on our contact us page, and ensure you submit all relevant information, e.g. * Reason for claim * Your contact details * Order number/date * Delivery method/date * Product item(s) and description, including quantity of item(s) and batch number of defective items * Photos showing any defective items AND the package, as it looked when it arrived Await response from our customer service team. Our team will assess the claim and advise you via phone, chat and/or email about the provisional outcome within 2 business days. If we request the return of products, customer service will issue you with a Return Authorisation (RA) number. If you return your goods without the RA number, Eroma will not be liable for any return delivery charges. Upon receipt of the RA number, you will be advised of the best return shipping address for your goods. Please return these within 7 days and ensure the RA number is written on each box and all items are packed safely. Where possible, all products should be packed in the original, unmarked packaging, including any instructions or documentation that shipped with the product. Broken items will not be refunded if packaging was inadequate. If, upon inspection, Eroma approves your claim, please pay any outstanding fees if applicable. You will then receive a credit that can be used towards a future purchase(s). Or - for claims regarding missing or defective goods - you can choose to receive replacement products (if sufficient stock is available) or a refund.  You will not be charged any additional shipping or handling fees, unless the return of goods occurred as items were simply not wanted (“change of mind”). All refunds will be at the sole discretion of Eroma. No claims will be accepted if the product has been damaged or abused through misuse. 2.4 Receiving Credits, Refunds or Replacement Products  Credits If we issue your account with a credit that can be used towards future purchase(s), these credit(s) are accessible when checking out under “payment options” and selecting “Internal Credit”. This credit will be available within 2 business days following approval. Refunds If we issue a refund, these get reviewed by management and then processed by our accounts department. It can therefore take up to 2 weeks for funds to appear in your bank account. Replacement Products If we approve the dispatch of replacement product(s), and have stock readily available, these will be shipped within 2 business days following approval. 2.5 Cancellation of Orders An order can be cancelled any time prior to shipment. However, you will be charged a 15% admin/re-stocking fee (with a maximum limit of $250). If your order has not been paid for and not been picked and packed, your order can be cancelled with no penalty. Should you wish to add additional items to your order, you will have to place a separate order online. This new order will then be shipped separately in sequence. Our warehouse staff pack hundreds of orders every day and it is simply not possible, once an order has been processed, to unpack this order to remove or add items.    SECTION 3 - PRIVACY POLICY Your privacy is important to us and always has been. So, we’ve developed a Privacy Policy that covers how we collect, use, disclose, and keep your information secure, and how you can access and correct it.  Please take a moment to familiarise yourself with our privacy practices and let us know if you have any questions. This Privacy Policy applies to all your dealings with us whether in writing, over the phone, in person or when using our website https://eroma.com.au. Eroma is highly committed to protecting the privacy of personal information and to treat personal information with respect and care in accordance with the national privacy principles set out in the Privacy Act 1988. For further information visit https://www.oaic.gov.au/privacy-law. Eroma head office is located at 62 Blackshaw Avenue, Mortdale, NSW, 2223. Our Sydney warehouse is located at 3/48 Bernera Road, Prestons, NSW, 2170. Our Melbourne warehouse is located at 116 Gateway Boulevarde, Epping, VIC 3076. Our Brisbane warehouse is located at 2/58-62 Meakin Rd, Meadowbrook, QLD, 4131. 3.1 What Personal Information Do We Collect? We will collect personal information only if it is necessary for business activities, e.g. in regards to: * Customer Relations - Personal information collected from customers in order to supply them with the goods ordered, to better understand their needs and interests and to provide them with information about new products, special offers or company updates * Employment – Personal information collected from job applicants, employees, contractors and referees for the purposes of recruitment, employment, quality assurance and performance management * Business Relations - Personal information collected from potential and actual business partners and suppliers for the purpose of managing business relations to ensure a portfolio of best class suppliers/ partners is available Customer Relations We may collect the following personal information from customers: * Contact information, including name, address, email and phone number * Payment and transaction information, including credit card, debit card or bank account details * Delivery information, including delivery address * Demographic information, including postcode, date of birth, preferences and interests * Browsing behaviour, including which pages you visit and find useful and which you do not * Details of your dealings with us and any other information reasonably necessary to provide you with our goods and services or to conduct market research Employment We may collect the following personal information during the recruitment process and throughout your employment: * Application, including education and employment background, referee data, criminal record * Personal and emergency contact details * Health information, including fitness for work and/or return to work * Information relating to your engagement, training, performance/conduct, disciplining or resignation/termination * Terms and conditions of employment, including hours of employment, salary or wages * Membership of a professional or trade association and trade union membership * Recreation, long service, sick, personal, maternity, paternity or other leave * Taxation, banking or superannuation affairs Business Relations We may collect the following information from potential and actual business partners and suppliers in order to assess your capacity and competency, to establish an effective working relationship and to evaluate performance: * Quality management data – people, processes, technology and supply chain * Financial data – historic, current and projected to ensure the organisation has a strong enough financial base and supplies goods at a competitive price All information will be collected in a fair, lawful and non-intrusive way. If reasonable and practicable, information will be collected directly from the individual rather than from another person. 3.2 How We Use Personal Information We use personal information in the following ways: * To provide, deliver, source, administer, improve and personalise our products and services; verify your identity; * To process payments and provide credits, refunds and discounts; * To enable our third party service providers/suppliers to provide us with IT products and services and carry out product investigations, data analysis, QA work, business consulting, auditing, delivery and courier services; * To provide more relevant marketing offers through direct marketing, database compilation, market research, data analysis and segmentation, and the processing or creation of other marketing information; * To personalise our customers' shopping experience, including, where appropriate, identifying individuals; * To communicate with our customers, including product recalls and responding to queries and complaints; * To prevent fraud, including services regarding the protection of our customers' information, eg. credit card information; * To send important notices, such as communications about purchases and changes to our terms, conditions and policies. 3.3 How We Use Cookies A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs and likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. The table below lists the cookies we collect and what information they store: COOKIE NAME COOKIE DESCRIPTION CART The association with your shopping cart. CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly. COMPARE The items that you have in the Compare Products list. CURRENCY Your preferred currency CUSTOMER An encrypted version of your customer id with the store. CUSTOMER_AUTH An indicator if you are currently logged into the store. CUSTOMER_INFO An encrypted version of the customer group you belong to. CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not. FRONTEND Your session ID on the server. GUEST-VIEW Allows guests to edit their orders. GOOGLE ANALYTICS Where you visited our site from and on what browser. LAST_CATEGORY The last category you visited. LAST_PRODUCT The most recent product you have viewed. NEWMESSAGE Indicates whether a new message has been received. NO_CACHE Indicates whether it is allowed to use cache. PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site. POLL The ID of any polls you have recently voted in. POLLN Information on what polls you have voted on. RECENTLYCOMPARED The items that you have recently compared. STF Information on products you have emailed to friends. STORE The store view or language you have selected. USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies. VIEWED_PRODUCT_IDS The products that you have recently viewed. WISHLIST An encrypted list of products added to your Wishlist. WISHLIST_CNT The number of items in your Wishlist. 3.4 How We Disclose Personal Information We will not disclose, sell, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. Third parties we may disclose personal information to include: * Our related companies * Our service providers/suppliers, including IT service providers, courier companies, advertising and marketing service providers, and third party fulfillment contractors; and * Our professional advisers, including our accountants, auditors and lawyers; * Payment system operators and financial institutions; and * Government agencies Personal information collected during the recruiting process and throughout employment will only be shared with those who “need to know”. It may be disclosed to other departments within the business for administrative purposes. 3.5 How We Keep Personal Information Accurate Organisational policies are a key component of each employee’s induction and training process to ensure all personal information collected is complete, accurate and up-to-date. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee may be payable. If you would like access to information held on you, please write to us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. 3.6 How You Can Control Your Personal Information You may choose to restrict the collection or use of your personal information in the following ways: * Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. * If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time and opt out from receiving direct marketing information at any time, free of charge, by clicking the 'Unsubscribe' link in the promotional email or by emailing us at info@eroma.com.au. 3.7 Data Security Eroma takes all reasonable steps to protect personal information from misuse and loss, and from unauthorised access, modification or disclosure. We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. 3.8 Links To Other Websites Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. 3.9 Updates To This Privacy Policy This privacy policy will be reviewed and updated by us from time to time. Updated versions of this policy will be published on the website. The updated privacy policy will apply whether or not specific notice of any change has been given. We encourage you to check our website regularly for any updates to our privacy policy.   SECTION 4 - WEBSITE TERMS OF USE 4.1 Introduction The https://eroma.com.au/ website is owned and operated by Eroma Store Pty Ltd (NCS) - ACN 113 119 289. The goal of the website is to provide access to a range of products for sale and delivery to anywhere in Australia. To ensure a safe environment for all users, we have established these terms and conditions. In this way, you will know what you can expect from us, and what we can expect from you. By accessing any areas of https://eroma.com.au/ and other related websites, you agree to be legally bound, and to abide, by the terms set forth below. 4.2 Legal Capacity to Transact  If you are a minor (under the age of eighteen), you cannot place orders with Eroma. By accepting these terms and conditions you are acknowledging that you are over the age of eighteen years. Should Eroma suffer any damages or any other losses as a result of a minor making a transaction, Eroma reserves the right to seek any compensation for losses from the parents or guardians of the minor who placed the order(s) with Eroma. 4.3 Product Guarantee Eroma only offers original products and attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Eroma itself is not as described, your sole remedy is to return it in unused condition. 4.4 Copyright All copyrights, trademarks and other intellectual property rights in the design, layout, wording and concepts of this website are reserved to Eroma. Any copying of the design, layout, wording, concepts or other unauthorised use will infringe our rights. Trade marks, copyrights, brand names, product and company names related to the products appearing on this website are the property of their respective owners. Eroma does not claim to own any of these trademarks, copyrights, brands or product names nor does it claim that Eroma is related to, endorsed by, or in any other way connected or associated with the respective owners and/or their related companies and agents. 4.5 Warranties Disclaimer of warranties and limitation of liability. This site is provided by Eroma on an "as is" and "as available" basis. Eroma cannot accept liability for any indirect loss, loss of enjoyment, loss of profit, loss of business, loss of goodwill or any other loss in connection with the operation of this website or purchase. We are unable to confirm that the information set out in this website is totally accurate or complete. This website may from time to time contain links to other websites on the Internet. We are not responsible for the availability or content of those websites. Eroma makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Eroma disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Eroma does not warrant that this site, its servers, or e-mails sent are free of viruses or other harmful components. Eroma will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. 4.6 General These terms and conditions constitute the entire agreement and understanding of the parties and supersedes any previous agreement between the parties. They shall be governed by Australian law and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts. We welcome your comments. If you have any questions or concerns about our terms and conditions, please contact us. Heirloom Body Care Privacy Policy Heirloom Body Care is committed to protecting your privacy. Information submitted to us will remain strictly confidential. Under no circumstances do we sell or give away details you have shared with us to any third party. Data provided through email. our online store, phone, mail or any method of contact are kept in the strictest confidence and used specifically for the purpose of assisting you with your enquiries and filling your orders.  If you have opted into our mailing list we will send newsletters periodically from our mailing list that is maintained by us with no third parties having access.
We share your private details with no one.  Payment arrangements go through eWay or Paypal automatically with us retaining no details from these transactions.  Only details that you yourself have given us for use at your instigation are retained by us.  Should you request the removal of such data this will be immediately removed from our records. Heirloom Body Care Terms and Conditions By accessing and perusing the Heirloom Body Care website you accept these Terms and Conditions. Heirloom Body Care maintains this Site for your information, education and entertainment. Please feel free to enjoy browsing through the site. While you are most welcome to use recipes posted on the site and any supplied material for your own personal use you may not reuse, re post, distribute, modify, transmit, or use the content of this site for commercial purposes, including the text or images without written consent. While Heirloom Body Care uses reasonable caution to include accurate and up to date information on this site, Heirloom Body Care makes no warranties or representations as to its accuracy. Heirloom Body Care assumes no liability or responsibility for any errors or omissions in the content of this site. Information found within this site is not to be misconstrued as medical advise. Diagnosis and treatment of medical conditions should be referred to a professional health care practitioner. Your use of in this site is at your own risk. Neither Heirloom Body Care nor any other party involved in creating, producing or delivering the site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the site. Everything on this site is provided to you as you see it without any warranty (expressed or implied) as to the fitness of a product for a set purpose. Heirloom Body Care assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading any material from the site. Heirloom Body Care may periodically adjust these Terms and Conditions. Please visit this page as you deem necessary to keep abreast of such changes that are legally binding. Heirloom Body Care Pty Ltd reserves the right to refuse supply to persons or companies it so chooses at its discretion.  Orders may be cancelled without notice if situations deem this to be necessary.
 Goods will be deemed to be the property of Heirloom Body Care until full payment has been received. USI Website Privacy Policy and Terms and Conditions Your Privacy The personal information that you provide to the Student Identifiers Registrar is protected by the Privacy Act 1988. The collection, use and disclosure of your USI is protected by the Student Identifiers Act 2014. Further information about the protection of your information, including how you can access and seek correction of your personal information held by the Student Identifiers Registrar, how to make a complaint about a breach of your privacy and how such complaints are handled, is contained in the Student Identifiers Registrar's Privacy Policy. Privacy notice I understand that the information provided by me through the USI application: * is collected by the Student Identifiers Registrar for the purposes of processing my application for, verifying and giving a USI, resolving problems with a USI, and creating authenticated VET transcripts;
 * may be disclosed to: * Commonwealth and State government departments and agencies, Boards of Study, and specified VET-related bodies for: * the purposes of administering and auditing vocational education and training (‘VET’), including VET providers and VET programs;
 * education related policy and research purposes; and
 * to assist in determining eligibility for training subsidies;
 * VET Regulators to enable them to perform their VET regulatory functions;
 * VET Admission bodies for the purposes of administering VET and VET programs;
 * current and former registered training providers to enable them to deliver VET courses to me, meet their reporting obligations under the VET standards and government contracts and assist in determining eligibility for training subsidies;
 * schools for the purposes of delivering VET courses to me and reporting on these courses;
 * the National Centre for Vocational Education Research for the purpose of creating authenticated VET transcripts, resolving problems with USIs and for the collection, preparation and auditing of national VET statistics;
 * researchers for education and training related research purposes;
 * any other person or agency that may be authorised or required by law to access the information;
 * any entity contractually engaged by the Student Identifiers Registrar to assist in the performance of his or her functions in the administration of the USI system; and
 * will not otherwise be disclosed without my consent unless authorised or required by law.
 I understand and acknowledge that giving of false or misleading information is a serious offence. If you are applying for a USI for yourself, these are the Terms and Conditions that apply to you. Terms and Conditions To create your Unique Student Identifier (USI) or before you can access your USI account you must tick the box where it says ‘I agree to the above terms and conditions’. Please find below the full terms and conditions. It is important that you understand and you must agree to the Terms and Conditions before using this website. Please read carefully the information below: * Disclaimer * Security Statement * Accessibility information Applying for a USI Your personal information The Student Identifiers Act 2014 authorises the Student Identifiers Registrar to collect personal information about you. When you apply for a USI you will be asked to provide some personal information without which a USI cannot be assigned to you. This will include: * your name, including first or given name(s), middle name(s) and surname or family name or one name if you have just one * your date of birth * your city or town of birth * your country of birth * your gender * your contact details The reason that you are asked to provide personal information is to ensure that your USI is correctly assigned to you – and so that, if you forget your USI, the Student Identifiers Registrar can easily provide it to you if you need it. Before the USI is assigned to you, you must activate the USI account by setting a password and check questions. This ensures that your USI information is protected from unauthorised access. Your identity When you apply for a USI you will also need to verify your identity. You can choose to provide your identity information from a range of documents including your Medicare card, birth certificate, driver licence, Australian passport, citizenship document, your visa (with non-Australian passport) or ImmiCard. The information you provide as evidence of your identity in this application will be checked automatically with the document issuing agencies (for example, Medicare Australia). If you do not have any of these identity documents available you can click here for more information. Agreeing to the Terms and Conditions I have read the information in relation to: * the Disclaimer * the Security Statement * the Accessibility information * your personal information * your identity * your privacy * your understanding * applying for a USI on behalf of another person I understand and acknowledge that giving of false or misleading information is a serious offence. Disclaimer Definitions Harmful Code Harmful Code means any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware. Loss Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue. Agency Agency means any agency (including departments) of the Australian Government. You and your You and your means the user of the Student Identifiers Registrar website. Our, us and we Our, us and we means the Student Identifiers Registrar The Student Identifiers Registrar * Strives to protect information you provide on the Student Identifiers Registrar website. We will use all reasonable endeavours to ensure that Student Identifiers Registrar website and your information are not compromised. However, we cannot guarantee that no Harmful Code will enter the Student Identifiers Registrar website. You should be aware of the risks associated with using websites. * Recommends that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems. * Advises that if you experience a problem or loss that is caused by the information you send to or via the Student Identifiers Registrar website, your computer being compromised in some way or by something beyond our control, we cannot take responsibility for causing the problem. We will, however, do our best to help you if we can. * Advises that where connection to a system or website outside our control compromises the objectives of the Student Identifiers Registrar website we may sever links to that website or system. Security statement The Student Identifiers Registrar Security Responsibilities The Student Identifiers Registrar will make every effort to ensure that: * the data you give us will be safe. * your data is stored at a secure facility. * regular backups of data are performed to ensure it can be recovered in case of a disaster. * all access to the system is logged and * if any unauthorised behaviour occurs, the logged data will assist us in identifying and resolving the issue. Protecting your computer You should: * install and activate security software on your computer. * ensure your security software includes anti-virus, anti-spyware, firewall and anti-spam filter. * run regular scans of your computer for viruses. * remember to update your security software to ensure you are always running the current version. Other steps you should take help protect your computer include: * check your Internet browser’s security settings for ways to make your browsing more secure. * do not open email attachments if you do not know the sender. * only download files from reputable Internet sites. * be wary when exchanging files with colleagues or friends. * never click on hyperlinks in emails received from unknown sources. Protecting your password You should: * never share your password with anyone. * never send your password via email. * make your password as strong as possible. Contact us Please Contact us to report any suspicious or unauthorised activity relating to your use of the Student Identifiers Registrar. Accessibility Under the Disability Discrimination Act 1992, Australian Government agencies are required to ensure information and services are provided in a non-discriminatory accessible manner. The Student Identifiers Registrar website has been designed to meet the Australian Government standard established in respect of this requirement. The Student Identifiers Registrar is currently compliant with the Web Content Accessibility Guidelines version 2.0 1 (WCAG 2.0) standard. WCAG 2.0 is a technical standard developed under the Web Accessibility Initiative of the World Wide Web Consortium (W3C). If any information or service provided by the Student Identifiers Registrar is inaccessible to you or you are experiencing problems accessing content for any reason, please Contact us. Change.org Privacy Policy Last updated: 24 May 2018 * Policies * Terms * Privacy * Cookies * Community Guidelines Effective date: May 24, 2018 Change.org’s mission is to empower people everywhere to create the change they want to see. We want to build the best possible technology to show you relevant petitions that you can help win, and also protect your privacy and security online. Our Privacy Policy outlines how we obtain information from you and what we do with it. It also explains the choices you can make to control your privacy when you use Change.org. Table of contents 1. Information we collect 2. How we use your information 3. Who may receive your information 4. Your privacy choices 5. Data retention & security 6. Cross-border transfers 7. Third-Party Services 8. Policy updates & contacting us 1. Information we collect To run our service and show you relevant content we need to know a little about you and your interests. Here we outline what information Change.org collects, and how we collect it. When you sign or create a petition via our Change.org platform, an account is created for you; all of your activities on Change.org are then tied to this account. In the chart below, we’ve detailed the information we may collect about you, depending on your activities on the platform, and how we obtain this information. What we collect How we collect it Your name. We require you to provide a chosen name when you create a Change.org account. Your email address. We require you to provide an email address when you create a Change.org account. Your password. We require you to enter a password when you create a Change.org account. Your IP address. Your “IP Address” is a designator that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever you use our platform and services, along with the time of your visit and the specific page(s) that you visited. Your postal address. You may choose to provide your postal address when you create a Change.org account. Providing this information is not required to use the service. Your telephone number. You may choose to provide your telephone number when you create a Change.org account. Providing this information is not required to use the service. Your city. We use the IP service Maxmind to suggest your city from your IP address, in order to show you local petitions that may be of interest. You can change this information if it is displayed incorrectly. We do not share your information with Maxmind. Providing a city is required to use the service. Your country. As mentioned above, we use the IP service Maxmind to suggest your city from your IP address, in order to show you local petitions that may be of interest. This enables us to determine your country. We do not share your information with Maxmind. Providing a city is required to use the service. Your profile picture. You may choose to upload a profile picture when you create an account, or at any time. Providing this information is not required to use the service. Your specific activities on or connected to the Change.org platform. These might include petitions you have started or signed, shared or promoted, or whether you decide to become a Change.org member. When you are signed in or identified as particular Change.org user, your activities on or connected to the Change.org platform are automatically associated with your account. Any other information you voluntarily submit. You may be offered the choice to provide other information to us. For example, we may collect information when you respond to user surveys or provide information if we assist you by telephone. Providing this information is not required to use the service. Your unique mobile device ID number if you access our services via a mobile application. When you download and use any mobile applications we develop, we’ll collect your unique device ID and all your account and activity information will be tied to that unique device ID. In addition, we may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app. This information may be associated with your account. The name of the browser you use to access Change.org. Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows PC or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Change.org platform you are using. Collecting this information helps us build and deliver the best possible version of Change.org to you. Your social media account ID, and information shared with us via your social media account. We may obtain certain information through your social media accounts connected to your Change.org account, if you choose to link them. Linking a social media account is not required to access the service. For example, if you log in to Change.org via Facebook, we ask for your permission to access certain information about your Facebook account, activities and friends. Social media sites make information available to all apps through their API, such as friend lists. The information we receive depends on what information you or the social media site decide to give us. Information inferred about the issues you care about based on your activities on the platform. As part of our efforts to connect people to causes that interest them, petitions you sign might be tagged by our users or by us as particular cause areas. For example, a petition may be tagged as “animal rights” or “women’s rights”. If you sign one petition tagged in a particular cause area, we may infer that you would be interested in other petitions tagged in the same way. We may also send you petitions that are relevant to your general geographic area. Currently in the United States only, we use information available in public records, or other publicly available databases, such as civic data APIs which help match citisens with the elected officials who represent them at all levels in government. In the United States, we receive data from the company KnowWho that contains lists of federal congresspeople, state legislators and governors. That data is integrated into our platform to enable users in the United States to accurately target the correct decision-maker for their petition. We also use this data to match petitions from a particular district to the right political representative. We do not share any user data with KnowWho. In future, we may carry out similar activities in other countries, subject to applicable law. Information collected through cookies as disclosed in our linked Cookies Policy We, and/or our service providers may use cookies, pixel tags (also known as web beacons and clear GIFs), and other similar technologies to understand user activities. Like other websites, Change.org will not function properly if cookies are not enabled. We use third-party analytics services like Google Analytics provided by Google Inc. (“Google”), the Amplitude service provided by Amplitude (“Amplitude”), the Optimizely service provided by Optimizely (“Optimizely”), and the Chartio service provided by Chartio (“Chartio”). These analytics services may use cookies and similar technologies to analyze how people use our services and provide statistical reports about aggregate user behaviour. Such services may also collect information about platform visitors’ use of other websites. Please review our Cookies Policy for detailed information on the cookies we use, and how you can manage these. The currency of any contributions made through Change.org. We infer your currency based on your country. The transaction amount you contributed or received through a refund or otherwise. Your payment information including your credit card or bank number, expiration date, billing address and transaction amount is collected on our payment page by a third-party payment processor and will be subject to the third party’s privacy policy. We have no control over, and are not responsible for, the third party’s collection, use and disclosure of your personal information. We receive information on payment amount only; no other payment information is stored or saved within our systems. Some of the information above reveals your specific identity, or is directly tied to your specific identity, such as your name and email address. Some of this information does not reveal your specific identity, or does not directly relate to you, such as your browser and device information or information collected through cookies. If we ever combine non-personally identifiable information with personally identifiable information, the combined information will be treated by us as personally identifying information and protected accordingly. Our services are not directed to people under the age of sixteen (16), and we do not knowingly collect personal information from them. 2. How we use your information Here are the ways we might use your information to run our platform, provide our services and serve you better content. We and our service providers may use your information for our legitimate business interests in providing a petition platform that enables people to connect with issues of interest. Our legitimate business interests are explained below, alongside examples of how your information may be used for these purposes. Purpose Examples Providing the functionality of our platform. We engage in these activities to manage our contractual relationship with you. • To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies. • To ensure that our site and apps function properly and are optimised for your computer or device and to store your preferences and settings. To fulfill your specific requests through the platform. We engage in these activities to manage our contractual relationship with you. • To allow you to create petitions, sign petitions, join “topics” or  “movements” (groups of similar petitions) and to follow their progress. To allow you to participate in other activities on Change.org platforms, sites and apps, as well as to complete and fulfill your transactions with us. • To allow you to send email messages that you choose to send to your email contacts through our platform, such as to share a petition. By using this feature, you guarantee that you have the right to use and provide us the names and email addresses you submit. • To facilitate the social sharing functionality that you choose to use, such as sharing content and petitions through the Change.org platform and other social media platforms like Facebook and Twitter. Accomplishing our business purposes. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, because we have a legitimate interest, and/or with your consent. • For data analysis, for example, to improve the efficiency of our services. • For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements. • For fraud and security monitoring purposes, for example, to detect and prevent cyber-attacks or attempts to commit identity theft. • For developing new products, features and services. • For enhancing, improving or modifying our platform. • For identifying usage trends, for example, understanding which parts of our platform are of most interest to users. • For determining the effectiveness of campaigns. • For operating and expanding our business activities, for example, understanding which parts of our platform are of most interest to our users so we can focus our energies on meeting our users’ interests. • For legal compliance. In rare circumstances, we may have to use and disclose information we have about our users in order to exercise or protect legal rights or defend against legal claims under applicable law. • We use cookies and similar technologies detailed in our Cookies Policy to measure and improve our services and develop features and functionalities on our platform. For example, if we see that people using a certain device use the platform the most, we might decide to build an app specifically for that device. Analysis of personal information for business reporting and providing personalised services. We provide personalised services either with your consent or because we have a legitimate interest. • To personalise your experience by presenting petitions, campaigns and offers tailored to you based on information we have collected from you. • We may anonymise, de-identify and/or aggregate information and use such information to better understand and serve our users or for optimisation of our marketing and targeting efforts. For example, we may compile statistics like the percentage of our users in a state or country who care about animal rights, or the age range of those users, or to analyze the performance of particular emails. To share marketing communications that we believe may be of interest to you. We engage in this activity with your consent, or to manage our contractual relationship with you. • Communications related to petitions you’ve signed, other petitions that may be of interest, or petitions relevant to your location. • Editorial communications about specific issues or about Change.org. • Communications about contributions to causes or about crowdfunding for a specific petition. • Communications about becoming a member or subscriber of Change.org. • If you choose to provide your telephone number or postal address, which are not required, we may contact you by phone, SMS, or postal mail about the Change.org contribution programme or other ways you can support campaigns. • Invitations to Change.org events. • To allow you to participate in events and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose information about you, so we suggest that you read these rules carefully. • Most marketing communications will be sent via email and sometimes via social media. • We might remind you about particular petitions or the Change.org contribution programme, if you have have not completed starting or signing or joining. 3. Who may receive your information Here we outline who may receive your information when it is shared either by you via the platform, or by us. a. The Change.org community * All information you post on our platform (such as petitions you create, reasons for signing a petition, or your posts on the Change.org Community message boards) will be visible to other users. If you choose to send messages or connect with others through our platform about petitions you have signed or shared, you disclose your personal information to the recipient of your message. Our platform provides an open forum for communication by users all around the world. We do not monitor, verify, or perform any background check on campaign starters, petition signers, or other users of Change.org. * Similar to traditional paper petitions, we consider an online petition to be a public expression of support for an issue. Therefore, your name, general geographic location (i.e. city, state, country), and a link to your Change.org user profile may be displayed on the landing page for any petition you sign, and on related areas of our platform. This information will be viewable to any visitor, including the media, search engines, and other organisations that provide archival internet activities. If you do not wish to have your support for a petition to be public, we recommend you do not sign the petition. If you do not wish to have your name displayed on a petition landing page, you may select the option not to display your name and comment publicly on the petition page. * Your first name, last name, city and/or postcode, and the day that you signed will be shared with the person who initiated a petition you have signed, even if you select the option not to display your name and comment publicly. This is extremely important for petition starters to demonstrate the legitimacy of their signatures to the decision-makers they are working to influence. If you do not wish to have this information shared with the person who initiated the petition, please do not sign the petition. * The petition starter may choose to share your name and general geographic location with the intended decision maker who is the recipient of their petition. For example, the intended decision maker may be your congressman/woman when the petition concerns an issue relevant to him or her. If you do not wish to have this information shared with the petition recipient, you should not sign the petition. * If you sign a petition started by an NGO or other organisation, you will be presented with the option of sharing your email address with that NGO or organisation to receive direct email updates from them (not via the platform) should you choose to provide your consent for such sharing. Such organisations are not Change.org’s commercial partners and are in no way affiliated with Change.org. Enabling our users to interact directly with organisations, if those users consent to this connection, is part of our goal of helping people to stay informed on the causes that matter to them. We may revoke an organisation’s access to this option in response to reports of abuse. b. Your connected social media platforms * You may share your activities on Change.org with friends on other social media sites, for example, sharing a petition you signed on Facebook. To do so, you must connect your Change.org account with your social media account. In such case, you authorise us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your information shared with other social media users or with your social media account provider, please do not connect your social media account with your Change.org account and do not use the social sharing features on the platform. For more details on how you can edit or remove the permissions you have granted to Change.org to use information from your social media accounts, please see Section 4c “Your Privacy choices, social media”. * You may voluntarily share information on message boards, chats, profile pages, blogs, and other services to which you are able to post information and materials (including the Change.org pages on Facebook and other social media platforms). Please note that any information you post or disclose through these services will become public information, and may be available to other Change.org users, social media platform users and to the general public. We urge you to be very careful when deciding to disclose any information about yourself via the social sharing features of our platform. For more details regarding posting content to our platform, please see our Terms of Service. c. Our business entities and service providers We may share your information with third parties for the following purposes: * Companies within the Change.org group of companies. We may share your information with our affiliates, which are entities under common ownership or control of Change.org, to provide our services in different countries and for the purposes described in this Privacy Policy. * The Change.org Charitable Foundation and its local chapters that operate in certain countries. Local chapters may contact you if you are within their country, as part of The Change.org Foundation’s mission to build social movements that create transformational change. * Our suppliers, subcontractors and business partners (“service providers”): We may share information about you with our service providers who process information to provide services to us or on our behalf. We have contracts with our service providers that prohibit them from sharing the information about you that they collect or receive with anyone else or from using such information for other purposes. d. Legal & administrative obligations We may use and disclose your personal information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so: * Fraud prevention: We may use and disclose the information we collect from and about our users as we believe necessary to investigate, prevent, or respond to suspected illegal or fraudulent activity or to protect the safety, privacy, rights, or property of us, our users, or others. * Law enforcement purposes: If requested or required by government authorities such as law enforcement authorities, courts, regulators, or otherwise to comply with the law (which may include laws outside your country of residence), we may have to disclose information we have about our users. We also may use and disclose information collected about you in order to exercise or protect legal rights or defend against legal claims. * Sale or merger of our company: We have no plans to sell our business. In this unlikely event, we may use, disclose, or transfer your personal information to a third party if we or any of our company affiliates are involved in a corporate restructuring (e.g., a sale, merger, or other transfer of assets, including in connection with any bankruptcy or similar proceedings). 4. Your privacy choices You can edit your privacy settings and the emails you receive from Change.org at any time through our “Privacy & Preferences” page. If you want, you can ask us for the information we have about your account and even ask us to delete it all. a. Account & email settings When you sign or create a petition via our Change.org platform, an account and user profile page are created for you. Any petitions that you sign will not appear on your user profile by default. Any petitions that you have started and published will appear on your user profile by default. You can change your Privacy settings by clicking here https://www.change.org/account_settings/privacy, or logging in to your account, clicking on “Settings,” and selecting “Privacy & preferences”. If you no longer want to receive marketing-related emails from Change.org going forward, you may opt out of receiving these by following the instructions contained in any such email or by logging in to your account, clicking on “Settings,” and selecting “Privacy & preferences.”  We will comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages (such as updates about your account or service changes), from which you cannot opt out. b. Accessing or deleting your information If you would like to request to review, correct, update, suppress, or delete personal information that has been previously provided to us by you, you may log in to your account, click on “Settings” and update your profile information. You can also contact our Help Centre via our contact form here and ask us to specify what personal information we have about you and to delete certain personal information about you from our records, or request to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law). Please let us know what information you would like us to remove from our databases or otherwise let us know what limitations you would like to put on our use of your personal information. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will respond to your requests consistent with applicable law, and we will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to your request. There may also be residual information that will remain within our databases and other records, but such residual information will no longer be tied to your identity. For example, if you created a petition, we will have records that other Change.org users signed your petition. If you subsequently ask us to delete your information from our platform and databases, information related to those other users’ signatures cannot be removed and will remain in our records. c. Social media You can edit or remove the permissions you have granted to Change.org to use information from your social media accounts by using your application privacy settings on your social media account If you have signed in on Change.org through Facebook connect, you are likely to have been cookied by Facebook. You can modify or change those cookies through the settings on your Facebook account. For more details on cookies, please see our Cookies Policy. d. Third-party analytics companies & Cookies We have provided details on the cookies we use and instructions for how you can opt out of these in our Cookies Policy, in the section titled “How do I manage Cookies?”. 5. Data retention & security We take a lot of measures to protect your personal information. If you suspect someone else is using your account, let us know by contacting our Help Desk. We seek to use reasonable organisational, technical, and administrative measures to protect your personal information within our organisation from loss, misuse, unauthorised access or disclosure, alteration and/or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify our Data Protection Team using the contact details listed at the end of this Privacy Policy. We will retain your Personal Information for as long as needed or permitted in light of the purposes for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you and provide our services to you, our legal obligations or whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 6. Cross-border transfers Change.org is a global organisation with offices around the world, so your information may be transferred across borders when you use the Platform. We have put in place measures to comply with laws regulating cross-border transfers. Change.org is a global organisation. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the platform you consent to the transfer of your personal information to countries outside of your country of residence, including the United States, which may have different data protection rules from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information. Some of the non-European Economic Area (“EEA”) countries are recognised by the European Commission as providing an adequate level of data protection according to EEA standards, and the full list of these countries is available here.  For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your personal information. You may obtain a copy of these measures by contacting our Data Protection Team using the contact details listed at the end of this Privacy Policy. 7. Third-Party Services We’re not responsible for the privacy practices of third parties linked to from our Platform. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which our services link.  Our inclusion of a link on our services does not imply our endorsement of the linked site or service. 8. Policy updates & contacting us This policy may change over time. We’ve included here our contact information, but the best way to get in touch with us is through our online Help Centre. We may change this Privacy Policy. The “Effective Date” legend at the top of this Privacy Policy indicates when it was last revised.  Any changes will become effective when we post the revised Privacy Policy on our platform. We welcome questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know by contacting our Help Desk. You can also write to the following address: Change.org, PBC
548 Market Street Private Mailbox #29993
San Francisco, CA 94104-5401 EUA Change.org, PBC., located at the above address, is the company responsible for collection, use, and disclosure of your personal information under this Privacy Policy. If you prefer, you may also contact us at our EU office: Change.org, PBC
Carrer de Santaló, 10, 1st Floor,
08021 Barcelona Spain We welcome questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know by contacting our Help Desk.
You can contact our Help Desk for any data deletion or access requests.
If you have detailed questions about Change.org’s data usage, you may like to contact our Data Protection Team at dpt@change.org Because email or postal communications are not always secure, please do not include credit card or other sensitive information in your emails or letters to us. You may lodge a complaint with a supervisory authority competent for your country or region. Please click here https://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm for contact information for such authorities. Thanks for supporting change in your community — we can’t wait to see what you’ll change next Change.org Terms of Service Last updated: 4 May 2018 * Policies * Terms * Privacy * Cookies * Community Guidelines Change.org’s mission is to empower people everywhere to create the change they want to see. We’re an open platform because we believe more change happens when people with different backgrounds and perspectives can participate in the conversation. We do need rules to keep the platform safe for you, us and the community. These Terms of Service outline rights and responsibilities related to our platform and services. Table of Contents 1. User accounts 2. User content rules 3. Posting user content 4. Open platform 5. Our rights 6. Copyright infringement 7. Purchases and donations 8. More legal stuff to protect us 9. Dispute resolution 10. How to contact us 11. User accounts
You need an account for most activities on the Platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your profile. If you suspect someone else is using your account, let us know. You have to be at least 16 years or older to use Change.org.
When you sign or create a petition via our platform, an account is created for you. All your campaign activities are then tied to this account. By “campaign” we mean petitions, all the activities you can do to promote your petitions via our platform or through third party sites and services, and any other action through our platform.
When setting up your account, you must provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. Inform us immediately upon learning that someone else may be using your account without your permission by contacting us through our Help Centre.
The Change.org platform is for people who are at least 16 years of age. If you are younger than 16 you may not set up an account by yourself, but we encourage you to invite a parent or guardian to create a campaign about areas of interest to you. If we discover that you have created an account and you are younger than 16, we will terminate your account.

 12. User content rules
You’re responsible for what you post on Change.org. You should keep your campaigns and comments in line with our Community Guidelines and the law, and respect the intellectual property rights of others. It’s not something we want to do, but we can terminate your account for repeated or major offenses.
Follow our Community Guidelines: When posting content you must follow the Community Guidelines.
Abide by the law and respect rights of others: You cannot post any content that violates applicable local or national laws of your country, or international laws or regulations. You are solely responsible for any content you post via the Change.org platform and the consequences of posting it.
Enforcement by Change.org: If we are put on notice that your content violates the law or the rights of others (for example, if it is established that it is defamatory or violates privacy, intellectual property or publicity rights or others), if we discover that your content violates our Community Guidelines, or if we believe your content is inappropriate or objectionable, we may remove it from our platform, or we may make edits to bring your content into compliance. In the vast majority of cases, we will notify you and try to work with you to fix the issue before we take any of these actions (but we are not obligated to).
Change.org has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and services or disable your account at any time, and with or without notice, for any material or repeated violation of these Terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or for engagement by you in fraudulent or illegal activities. Upon any such termination we may delete your account, passwords and content and we may prevent you from further access to the platform and use of our services. Your content may still be available on the platform even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content or blocking of your access to our platform and services.

 13. Posting user content
You retain ownership of content you post to Change.org, but you should make sure you’re allowed to share it. We’re allowed to make versions of your content publicly available to anyone through any media, and others can do the same. Be sure to make backups of your work too.
The content you submit on the platform is not confidential: Any content you submit or post on Change.org is likely to be publicly available, including all petitions you create and your comments to any petitions you signed (on the Change.org site, in apps and in social media pages). If you are concerned about other Change.org community members, or people you don’t know, seeing a particular message or other content of yours, please do not post it. If you do not wish to have your name publicly displayed in connection with a particular petition, you may select the option not to display your signature publicly. Please check out our Privacy Policy for more details on information we collect and share when you use the platform.
The content you post (including photos) remains yours, and you also allow us to reuse and share it: By submitting and posting content, you do not lose any ownership rights you may have in your content. However, you authorise us to share this content with anyone, distribute it on any platform and in any media, and to make modifications or edits to it as we see fit (e.g. for clarity or optimisation purposes). For example, we may shorten a petition title for it to appear on our homepage, reformat a petition for a video highlighting petition victories, or share the content with interested media. You also authorise us to allow others to do the same with your content. In legal language, by submitting or posting content on or through the Change.org platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organisations or individuals who partner with Change.org for the syndication, broadcast, distribution or publication of content on other media. You represent and warrant that you have all the rights, power and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Sharing campaigns: Except in very limited circumstances where we’ll expressly ask you not to, we encourage you to link to, post to social media and third party services, such as Facebook or Twitter, share via email, or otherwise copy and share individual petitions and campaigns of interest to you, but only for informational, non-commercial purposes. If you share another user’s petitions and campaigns, you may not make any modifications, and you may not remove any attributions. When you post content to any third party service through the features and functionalities of our platform (such as our apps or API), you will be subject to the terms of that third party service. If you want to remove any petition or content from a third party service, you should contact that third party service and request removal directly from them.
No user content storage: We are not a content-archiving service. We do not promise to store or make available on our platform any content that you or other users may post for any length of time. You are solely responsible for keeping backups of everything you post on the platform.

 14. Open platform
Petitions and campaigns on Change.org represent the many opinions of millions of people. We don’t take responsibility for their views, nor do we monitor content for legality or accuracy. You’ll find links to other sites on Change.org – once you leave us, we’re not responsible for all the wild, wacky and wonderful things that can happen out there.
We are not responsible for the content of our users, and we do not monitor user content: Content posted by users comes from people, organisations and other various sources. We make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user content nor do we endorse any campaigns or petitions or support any views, opinions, recommendations, or advice that may be posted by users. You acknowledge that certain petition starters may have commercial interests in their campaigns. We do not monitor or review petitions or other content submitted by users, or evaluate them for compliance with foreign or domestic laws and regulations. You therefore use the Change.org service and rely on any content you find at your own risk.
If you find any petition or other user content that violates our Community Guidelines, please use the “Report a policy violation” function on each petition page or file a Help Centre Request.
Links out: When you use our platform, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

 15. Our rights
We own the Change.org platform including the website, present or future apps and services, and things like our logo, API, code and content created by our employees – don’t mess with those!
All right, title, and interest in and to the Change.org platform and services including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our service (but excluding content provided by users) are and will remain the exclusive property of Change.org and its licensors. Our platform and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Change.org name or any of the Change.org trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Change.org, or the services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Change.org platform and services: * access, tamper with, or use non-public areas of the platform, Change.org’s computer systems, or the technical delivery systems of Change.org’s service providers. * disable, interfere with, or try to circumvent any of the features of the platform related to security or probe, scan, or test the vulnerability of any of our systems. * copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Change.org platform or services. * access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps or API (and only pursuant to those API terms and conditions). Crawling the Change.org site is permissible if done in accordance with the provisions of the robots.txt file; however, scraping the services, platforms and databases is expressly prohibited unless authorised in a written agreement between you and Change.org. * in any way use the Change.org services to send altered, deceptive or false source-identifying information (such as sending email communications falsely appearing as Change.org); or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Change.org platform or services, or in any other manner interfering with or creating an undue burden on the Change.org services. 16.
 17. Copyright infringement
If you think someone’s infringing your copyright on Change.org, let us know.
If you believe that one of our users has violated your copyright, you should notify our copyright agent in writing. In order for us to take action, you must do the following in your notice: 1. identify your copyrighted work that you believe is being infringed 2. identify the item on our service that you think is infringing your work and include sufficient information about where the material is located (for example, a URL or link to a relevant page) so that we can easily find it 3. provide us with a way to contact you, such as your address, telephone number, or e-mail 4. provide a statement that you believe in good faith that the item you have identified as infringing is not authorised by the copyright owner, its agent, or the law to be used on the Platform 5. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are the copyright owner or authorised to act on behalf of the copyright owner whose work is being infringed 18. Here is the contact information for our copyright agent:
Copyright Enforcement
Change.org, PBC
548 Market Street Private Mailbox 29993
San Francisco, CA 94104-5401
Phone: (415) 236-3829
Fax: (415) 520-2154
Email: copyright@change.org

 19. Purchases and donations
We work with a different company to process payments so we can stay focussed on improving our platform, and empowering people to create change. When you make a payment, you agree to their terms … and, to actually pay.
Through our platform we may provide you the ability to purchase promotional items related to petitions and campaigns (for example through our Promoted Petitions), make a charitable donation to a third party organisation, or purchase other products or services. If you make a purchase or donation through our platform, you agree to pay the applicable fee or amount in accordance with any pricing and payment terms presented to you for that purchase or donation. All amounts do not include taxes, and you are responsible for paying any applicable taxes.
You agree that, for all purchase or donation transactions, (a) you will not use an invalid or unauthorised payment method; (b) you will be charged using the payment method you designate; and (c) all transactions are final and non-refundable (unless otherwise determined by Change.org in its sole discretion). You understand and acknowledge that payments made to Change.org are not tax-deductible as charitable donations. Charitable donations to qualified tax-exempt organisations made through our platform may be tax-deductible. Please review any relevant terms and conditions of the receiving organisation when making a donation.
Change.org may engage third party payment processors to process these purchase and donation transactions. Change.org is not affiliated with these payment processors. Accordingly, Change.org expressly disclaims responsibility and liability for all services provided by any payment processor, and you agree that Change.org will not be responsible for any loss or damage of any kind incurred as a result of those services.

 20. More legal stuff to protect us
The possibilities for what people may do with a free, online platform that people everywhere can use to create change are endless. Like other platforms where people can post content, these Terms give us legal protection from the countless things that could happen.
While we’re working hard to build an amazing free platform for people everywhere, we can’t make you any promises that it will always work perfectly or that we’ll maintain all our services forever.

No waiver, assignment: If we waive any of our rights in any particular instance, it does not mean that we are waiving our rights generally or in the future. If we do not enforce all our rights all of the time under these Terms, it does not mean that we are waiving our rights, and we may decide to enforce them at a later date. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by us to another company or person without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.
As is service: Use of the Change.org platform is at your own risk. The platform (including the content you find on it) is provided on an “AS IS” and “AS AVAILABLE” basis. Change.org and its affiliates, suppliers, partners and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Furthermore, Change.org and its affiliates, suppliers, partners and agents make no warranty that (i) its platform or any products or services provided through the platform will meet your requirements; (ii) the platform will be uninterrupted, timely, secure or error-free or that Change.org will fix any errors; (iii) you will obtain any specific results from use of the platform; or (iv) any content on the platform is accurate, complete, reliable, current or error-free. Any content obtained through use of the platform is obtained at your own discretion and risk and Change.org shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the platform or any content obtained from the platform. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights, which vary from state to state.
No guarantee of service: We may decide to cease making available the Change.org platform, apps or services or any portion of the services at any time and for any reason. Under no circumstances will Change.org or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability.
Limitation of liability: To the fullest extent permitted under law, Change.org and its affiliates, suppliers, partners and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data or content, revenue or profit, or personal injury or death) arising from or related to your use of the Change.org platform, service or any content provided by or through the Change.org platform or service, even if we have been advised of the possibility of such damages in advance. This limitation applies to damages arising from (i) your use or inability to use the platform and access the services; (ii) cost of procurement of substitute products or services; (iii) unauthorised access to or alteration or distribution of content you submit through the platform; (iv) third party content made available to you through the platform; or (v) any other matter relating to any aspect of the Change.org platform and service, including the website, the API, any present or future apps, email communications and Change.org content on third party sites. Some countries and states do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
Notwithstanding anything to the contrary contained herein, Change.org’s liability and the liability of each of its affiliates, suppliers, partners and agents to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve (12) months.
Indemnity: You agree to indemnify, defend (if we so request) and hold harmless Change.org and its affiliates, suppliers, partners and agents from and against any claims, demands, losses, damages or expenses (including reasonable attorneys’ fees) arising from the content you post or submit, your use of and connection to the Change.org website, applications, API, and any other aspect of the Change.org platform or service, your violation of these Terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms and your use of the Change.org platform and service.
Binding Agreement: By using the Change.org platform you agree to abide by these Terms and our Community Guidelines, and you consent to Change.org collecting, using and sometimes sharing information about you as stated in our Privacy Policy and Cookies Policy. If you are accepting these terms and policies and using the Change.org services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.

 21. Dispute resolution
One of the principles behind Change.org is that people can interact with decision makers directly and come to solutions together. If you have a serious disagreement with a decision we make, let’s agree to sort it out with each other before we make claims in court.
Change.org is a U.S.-based company and these Terms are governed by laws of the state of California and the United States of America, without regard to their conflict of law principles. If a court having proper authority decides that any portion of these terms, policies and guidelines is invalid, only the part that is invalid will not apply and the rest will still be in effect. The official language of these Terms is English. If there is a conflict between the English language version and any translation, the English language version will prevail.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or an alleged breach thereof, whether arising in contract, tort or otherwise, between you and us, we shall use our respective best efforts to settle the dispute. If a dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled “Notice of Dispute,” specifically setting forth the precise nature of the dispute. Please mail any Notice of Dispute to our head office at:
Dispute Resolution
Change.org, PBC
548 Market Street Private Mailbox 29993
San Francisco, CA 94104-5401
USA
You can also contact our Help Desk at https://help.change.org/ to let us know you have mailed your Notice of Dispute.
Following Change.org’s receipt of the Notice of Dispute, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interest, attempt to reach a just and equitable solution of the dispute that is satisfactory to both parties. If the parties are unable to reach a resolution of the dispute through this dispute resolution mechanism within 90 days of the receipt of the Initial Notice of Dispute, then any subsequent claim, legal proceedings or litigation arising in connection with the Change.org services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 22. How to contact us
The best way to get in touch with us is to email our Help Centre. You could send us a letter, but we have to say we don’t love snail mail – we are a tech company, after all.
We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know by contacting our Help Desk at https://help.change.org/ or writing to the following address:
Change.org, PBC
548 Market Street Private Mailbox #29993
San Francisco, CA 94104-5401
USA
If you prefer, you may also contact us at our EU office:
Change.org, PBC
Carrer de Santaló, 10
1st Floor
08021 Barcelona
Spain
Because email or postal communications are not always secure, please do not include credit card or other sensitive information in your emails or letters to us.
Thanks for supporting change in your community – we can’t wait to see what you’ll change next!

 MacOS Catalina License Agreement ENGLISH APPLE INC. SOFTWARE LICENSE AGREEMENT FOR macOS Catalina For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT https://www.apple.com/legal/sales-support/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Services and Content Usage Rules set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running macOS Mojave, macOS High Sierra, macOS Sierra, OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. The grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. H. Content Caching Features. 1.  To the extent that Apple and/or its affiliates make particular software and/or content available for caching (e.g., applicable content from the Mac App Store) (“Apple Eligible Content”), certain features of the Apple Software (the “Content Caching Features”) may automatically download and locally cache such Apple Eligible Content on your Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Caching Enabled Mac”).  By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac.  You can turn off the Content Caching Features of the Apple Software at any time by going to Sharing under System Preferences on your Caching Enabled Mac. 2.  The Content Caching Features of the Apple Software are for use only on a Caching Enabled Mac you own or control and solely for purposes of expediting the delivery of such Apple Eligible Content to authorized end users within your home, company or organization.  You understand that such users may need to separately authenticate with Apple prior to receiving the Apple Eligible Content and that the expedited delivery of Apple Eligible Content through the use of your Caching Enabled Mac will not modify the terms under which you or your end users receive such Apple Eligible Content.  3.  You acknowledge and agree that all use of the Apple Eligible Content is subject to the applicable license terms that govern the type of Apple Eligible Content being cached.  These terms may include, but are not limited to, the Apple Media Services Terms and Conditions, the iCloud Terms and Conditions, the iTunes U Instructor Agreement, the iTunes U Software License Agreement, and/or the applicable licensing terms that accompanied the software being downloaded, unless the download was accompanied by its own separate license agreement in which case the latter would apply.  A list of Apple Software License Agreements (SLAs) may be found here: https://www.apple.com/legal/sla/.  You acknowledge and agree that the use of the Content Caching Features and storage of Apple Eligible Content on your Caching Enabled Mac does not transfer to you any rights beyond those granted to you in the applicable license terms for the Apple Eligible Content and shall not constitute a grant, waiver, or other limitation of any rights of Apple or any other copyright owners in any Apple Eligible Content. 4.  You are not authorized to deploy your Caching Enabled Mac with the Content Caching Features enabled on a network you do not own or control (or which you are not legally authorized to use for such purposes), or to permit access to such Apple Eligible Content from end users outside of your home, company or organization.  You agree to only use the Content Caching Features for your own personal, non-commercial use or for internal use within your company or organization, and only as expressly permitted herein.  You may not provide a service to third parties that integrates with or leverages services or information provided by the Content Caching Features or uses the Content Caching Features in any way. 5.  By enabling the Content Caching Features of the Apple Software, you agree that Apple may store, monitor, and secure the Apple Eligible Content on your Caching Enabled Mac, and may collect and use technical information about your Caching Enabled Mac and related networks, including but not limited to, hardware identifiers and IP addresses, for such purposes.  You agree not to disable, disrupt, hack, circumvent, or otherwise interfere with Apple’s verification, storage or authentication mechanisms, digital signing, digital rights management, or other security mechanisms implemented in or by the Apple Software, services, the Apple Eligible Content, or other Apple software or technology, or to enable others to do so.   6.  Apple reserves the right to stop making Apple Eligible Content available for caching on your Caching Enabled Mac (e.g., some content that you may have previously cached may not be available for subsequent caching) and to remove any cached Apple Eligible Content from your Caching Enabled Macs at any time in its sole discretion, and Apple shall have no liability to you in such event.  You understand that such caching of Apple Eligible Content may not be available in all countries or regions.  You may remove the cached Apple Eligible Content and disable the Content Caching Features at any time. I. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2I, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. J. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so.You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Apple Software. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. K. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. L. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. M. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (https://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. N. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software). O. Compliance with Laws. You agree to use the Apple Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. P. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. Q. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. 3. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware or if you obtained your license to the Apple Software from the Mac App Store or through a software update, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.14 to 10.14.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. You may not transfer any Apple Software that has been modified or replaced under Section 2M above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. C. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 4. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Analytics, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more by visiting https://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: https://www.apple.com/legal/privacy/. 5. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an iTunes Store account, Apple ID, Game Center account, iCloud account or other Apple account, you agree to the applicable terms of service for that account, such as the latest Apple Media Services Terms and Conditions or Game Center Terms and Conditions, which you may access and review at https://www.apple.com/legal/internet-services/itunes/, or the iCloud Terms and Conditions which can be found at https://www.apple.com/legal/internet-services/icloud/, respectively. B. If you sign up for iCloud, certain iCloud features like “iCloud Drive”, “My Photo Stream”, “Shared Albums” and “Find My Mac” may be accessed directly from the Apple Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: https://www.apple.com/legal/internet-services/icloud/. C. News App Content. Your use of content accessed through the News application is limited solely to personal, noncommercial use, does not transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through News as a stand-alone file. D. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you use any location-based features within Maps, such as traffic and local search, various location-related and usage information may be sent to Apple, including the real-time geographic location of your computer, in order to process your request and help improve Maps. Such location and usage data is collected by Apple in a form that does not personally identify you. By using Maps, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information to provide and improve the Maps features and service, and other Apple products and services. Apple may also provide such information, in either an aggregated or non personally identifiable form, to its partners and licensees to help improve their map and location-based products and services. You may disable the location-based functionality of Maps by going to the Location Services setting on your computer and turning off the individual location setting for Maps. Certain Maps features will, however, be unavailable if you disable the Location Services setting. E. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. F. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. G. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that walking directions may not include sidewalks or pedestrian paths. H. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. I. In addition, Services and Third Party Materials that may be accessed, linked to or displayed through the Apple Software are not available in all languages or in all countries. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination. 7. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 9. Digital Certificates. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: https://www.apple.com/certificateauthority. 10. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 11. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the use of the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 14. Third Party Acknowledgements. A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See https://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See https://www.mpegla.com. D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTPS://WWW.MPEGLA.COM. E. AMR Notice. The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at https://www.adobe.com. H. Gracenote® End User License Agreement. This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”).  The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.  You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only.  You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.  You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions.  If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights.  Under no circumstances will Gracenote become liable for any payment to you for any information that you provide.  You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.  The Gracenote service uses a unique identifier to track queries for statistical purposes.  The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are.  For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.  The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers.  Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient.  No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.  15. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China mainland, Hong Kong, Taiwan, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. EA1635 Rev. 6/25/2019 ------------------------ Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions Apple Pay allows you to store virtual representations of credit, debit and prepaid cards, including store credit, debit and prepaid cards, which are supported by the Apple Pay feature (“Supported Cards”) and use supported Macs to initiate or make payments within websites.  The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, and with select merchants. Features may vary by region, issuer, and merchant.  Supported Cards may change from time to time. Apple Pay is intended for your personal use and you may only provision your own Supported Cards.  If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature. You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes that are prohibited by the License and these Supplemental Terms.  You further agree to use Apple Pay in accordance with applicable law and regulation.  You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). 2 Use on Macs You can use Apple Pay on supported Macs to initiate payments on websites accessed through Safari.  This feature requires you to have a Supported Card that has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments on websites access through Safari is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. Supported Devices may change from time to time. On a MacBook Pro with built-in Touch ID, you can set up Apple Pay by provisioning Supported Cards and using Apple Pay to make payments on websites accessed through Safari. In order to use Apple Pay on these Macs, you must have Supported Cards that are associated with an active iCloud account. Apple Pay is available only to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the relevant card issuer of your Supported Cards. 3 Apple’s Relationship With You Apple does not process payments, or have any other control over payments, returns, refunds, rewards, value, discounts or other commerce activity that may arise out of your use of this feature.  The terms of cardholder agreements you may have in place with your card issuer will continue to govern your use of your Supported Cards and their use in connection with Apple Pay. Similarly, your purchase of any goods or services using the Apple Pay feature will be subject to the merchant’s terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, and such terms will govern your use of the applicable Supported Card and its virtual representation on your supported Mac. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions or purchases while using Apple Pay functionality; (b) issuance of credit or assessing eligibility for credit; (c) accrual or redemption of rewards or stored value under a merchant’s program; or (d) funding or reloading of prepaid cards.  For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant. 4 Privacy When using Apple Pay to initiate a payment transaction to be completed on a Supported Device, Apple Pay will transfer payment information in an encrypted format between your Mac and your Supported Device to complete your transaction. When using Apple Pay to make a payment transaction on a MacBook Pro with built-in Touch ID, your payment information will be provided in encrypted format to the website as part of that transaction. When adding a card to Apple Pay on a MacBook Pro with built-in Touch ID, information about your device, such as whether certain device settings are enabled and device use patterns (e.g. percent time device is in motion, approximate number of calls per week), will be sent to Apple to determine your eligibility and to prevent fraud. You can find more information on the data collected, used or shared as part of your use of Apple Pay by reading About Apple Pay and Privacy (which can be accessed by going to Wallet & Apple Pay on your iOS device or Mac, or within the Watch app on a paired iOS device). You can learn more about how Apple protects your personal information by reviewing our Privacy Policy at https://www.apple.com/privacy/privacy-policy/. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 5 Security Apple Pay stores virtual representations of your Supported Cards, and you understand and acknowledge that providing your device passcode or password to a third party, or allowing a third party to add their fingerprint to use Touch ID on your Supported Device or Mac, may result in their ability to make Apple Pay payments within websites on your Mac.   You are solely responsible for maintaining the security of your devices and the applicable passcodes and passwords.  You agree that Apple does not have any responsibility if you lose or share access to your device, or if you make unauthorized modifications to macOS. If your device is lost or stolen and you have Find My iPhone or Find My Mac enabled, you can use Find iPhone or icloud.com to attempt to suspend the ability to pay with the virtual Supported Cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual Supported Cards on the device. You should also contact the card issuer of your Supported Cards in order to prevent unauthorized access to your virtual Supported Cards. If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe. 6 Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. Atom Terms and Conditions GitHub Open Source Applications Terms and Conditions These GitHub Open Source Applications Terms and Conditions ("Application Terms") are a legal agreement between you (either as an individual or on behalf of an entity) and GitHub, Inc. regarding your use of GitHub's applications, such as GitHub Desktop™ and associated documentation ("Software"). These Application Terms apply to the executable code version of the Software. Source code for the Software is available separately and free of charge under open source software license agreements. If you do not agree to all of the terms in these Application Terms, do not download, install, use, or copy the Software. Connecting to GitHub If you configure the Software to work with one or more accounts on the GitHub.com website or with an instance of GitHub Enterprise, your use of the Software will also be governed by your applicable GitHub.com website Terms of Service and/or the license agreement applicable to your instance of GitHub Enterprise ("GitHub Terms"). Any use of the Software that violates your applicable GitHub Terms will also be a violation of these Application Terms. Open Source Licenses and Notices The open source license for the Software is included in the "Open Source Notices" documentation that is included with the Software. That documentation also includes copies of all applicable open source licenses. To the extent the terms of the licenses applicable to open source components require GitHub to make an offer to provide source code in connection with the Software, such offer is hereby made, and you may exercise it by contacting GitHub: https://github.com/contact Unless otherwise agreed to in writing with GitHub, your agreement with GitHub will always include, at a minimum, these Application Terms. Open source software licenses for the Software's source code constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Application Terms, the open source licenses govern your agreement with GitHub for the use of the Software or specific included components of the Software. GitHub's Logos The license grant included with the Software is not for GitHub's trademarks, which include the Software logo designs. GitHub reserves all trademark and copyright rights in and to all GitHub trademarks. GitHub's logos include, for instance, the stylized designs that include "logo" in the file title in the "logos" folder. The names GitHub, GitHub Desktop, GitHub for Mac, GitHub for Windows, Atom, the Octocat, and related GitHub logos and/or stylized names are trademarks of GitHub. You agree not to display or use these trademarks in any manner without GitHub's prior, written permission, except as allowed by GitHub's Logos and Usage Policy: https://github.com/logos. Privacy The Software may collect personal information. You may control what information the Software collects in the settings panel. If the Software does collect personal information on GitHub's behalf, GitHub will process that information in accordance with the GitHub Privacy Statement. Additional Services Auto-Update Services The Software may include an auto-update service ("Service"). If you choose to use the Service or you download Software that automatically enables the Service, GitHub will automatically update the Software when a new version is available. Disclaimers and Limitations of Liability THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. GitHub does not warrant that (i) the Service will meet your specific requirements; (ii) the Service is fully compatible with any particular platform; (iii) your use of the Service will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Service will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or (vi) any errors in the Service will be corrected. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GITHUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GITHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SERVICE, including, for example: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Service; (v) or any other matter relating to the Service. GitHub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. GitHub shall not be liable to you or to any third-party for any price change, suspension or discontinuance of the Service. Miscellanea 1. No Waiver. The failure of GitHub to exercise or enforce any right or provision of these Application Terms shall not constitute a waiver of such right or provision.
 2. Entire Agreement. These Application Terms, together with any applicable Privacy Notices, constitutes the entire agreement between you and GitHub and governs your use of the Software, superseding any prior agreements between you and GitHub (including, but not limited to, any prior versions of the Application Terms).
 3. Governing Law. You agree that these Application Terms and your use of the Software are governed under California law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California.
 4. Third-Party Packages. The Software supports third-party "Packages" which may modify, add, remove, or alter the functionality of the Software. These Packages are not covered by these Application Terms and may include their own license which governs your use of that particular package.
 5. No Modifications; Complete Agreement. These Application Terms may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version. These Application Terms, together with any applicable Open Source Licenses and Notices and GitHub's Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. These Application Terms supersede any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms.
 6. License to GitHub Policies. These Application Terms are licensed under this Creative Commons Zero license. For details, see our site-policy repository.
 7. Contact Us. Questions about the Terms of Service? Contact us.
 Oracle Technology Network License Agreement for Oracle Java SE Oracle is willing to authorize Your access to software associated with this License Agreement (“Agreement”) only upon the condition that You accept that this Agreement governs Your use of the software. By selecting the "Accept License Agreement" button or box (or the equivalent) or installing or using the Programs, You indicate Your acceptance of this Agreement and Your agreement, as an authorized representative of Your company or organization (if being acquired for use by an entity) or as an individual, to comply with the license terms that apply to the software that You wish to download and access. If You are not willing to be bound by this Agreement, do not select the “Accept License Agreement” button or box (or the equivalent) and do not download or access the software. Definitions"Oracle" refers to Oracle America, Inc. "You" and "Your" refers to (a) a company or organization (“Entity”) accessing the Programs, if use of the Programs will be on behalf of such Entity; or (b) an individual accessing the Programs (“Individual”), if use of the Programs will not be on behalf of an Entity. “Contractors” refers to Your agents and contractors (including, without limitation, outsourcers). “Development Use” refers to Your internal use of the Programs to develop, test, prototype and demonstrate Your Applications. For purposes of clarity, the “to develop” grant includes using the Programs to run profilers, debuggers and Integrated Development Environments (IDE Tools) where the primary purpose of the IDE Tools is profiling, debugging and source code editing Applications. "Program(s)" refers to Oracle software provided by Oracle pursuant to this Agreement and any updates, error corrections, and/or Program Documentation provided by Oracle. “Program Documentation” refers to the Licensing Information User Manual for Oracle Java SE for the applicable version accessible at https://www.oracle.com/technetwork/java/javase/documentation/ and other documentation provided by Oracle with the Programs or accessible at https://docs.oracle.com/en/java. “Separate Terms” refers to separate license terms that are specified in the Program Documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement. “Application” refers to applications intended to run on the Java Platform, Standard Edition. “Personal Use” refers to an Individual's use of the Programs solely on a desktop or laptop computer under such Individual's control only to run Personal Applications. “Personal Applications” refers to Applications designed for individual personal use only, such as games or personal productivity tools. “Oracle Approved Product Use” refers to Your internal use of the Programs only to run: (a) the product(s) identified as Schedule A Products at https://java.com/oaa; and/or (b) software Applications developed using the products identified as Schedule B Products at java.com/oaa by an Oracle authorized licensee of such Schedule B Products. If You are unsure whether the Application You intend to run using the Programs is developed using a Schedule B Product, please contact your Application provider. “Oracle Cloud Infrastructure Use (“OCI Use”)” refers to Your use of the Programs on Oracle's Cloud Infrastructure with the Oracle Cloud Infrastructure products identified in the Oracle PaaS and IaaS Universal Credits Service Descriptions available at http://oracle.com/contracts during the period in which You maintain a subscription for such Oracle Cloud Infrastructure products. License Rights and Restrictions Oracle grants You a nonexclusive, nontransferable, limited license to use the Programs, subject to the restrictions stated in this Agreement and Program Documentation, only for: (i)     Personal Use,
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(iii)   Oracle Approved Product Use, and/or
(iv)   Oracle Cloud Infrastructure Use. You may allow Your Contractor(s) to use the Programs, provided they are acting on Your behalf to exercise license rights granted in this Agreement and further provided that You are responsible for their compliance with this Agreement in such use. You will have a written agreement with Your Contractor(s) that strictly limits their right to use the Programs and that otherwise protects Oracle's intellectual property rights to the same extent as this Agreement. You may make copies of the Programs to the extent reasonably necessary to exercise the license rights granted in this Agreement. You may not: * remove or modify any Program markings or any notice of Oracle's or a licensor's proprietary rights; * make the Programs available in any manner to any third party (other than Contractors acting on Your behalf as set forth in this Agreement); * assign this Agreement or distribute, give, or transfer the Programs or an interest in them to any third party, except as expressly permitted in this Agreement for Contractors (the foregoing shall not be construed to limit the rights You may otherwise have with respect to Separately Licensed Third Party Technology); * cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the Programs; and * create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun", “oracle” or similar convention as specified by Oracle in any naming convention designation. The Programs may contain source code that, unless expressly licensed in this Agreement for other purposes (for example, licensed under an open source license), is provided solely for reference purposes pursuant to the terms of this Agreement and may not be modified. All rights not expressly granted in this Agreement are reserved by Oracle. If You want to use the Programs for any purpose other than as expressly permitted under this Agreement, You must obtain from Oracle or an Oracle reseller a valid Program license under a separate agreement permitting such use. OwnershipOracle or its licensors retain all ownership and intellectual property rights to the Programs. Third-Party Technology The Programs may contain or require the use of third party technology that is provided with the Programs. Oracle may provide certain notices to You in Program Documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to You either under the terms of this Agreement or, if specified in the Program Documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Programs and is licensed to You under the terms of this Agreement. Source Code for Open Source SoftwareFor software that You receive from Oracle in binary form that is licensed under an open source license that gives You the right to receive the source code for that binary, You can obtain a copy of the applicable source code from https://oss.oracle.com/sources/ or http://www.oracle.com/goto/opensourcecode. If the source code for such software was not provided to You with the binary, You can also receive a copy of the source code on physical media by submitting a written request pursuant to the instructions in the "Written Offer for Source Code" section of the latter website. Export Controls Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Programs. You agree that such export control laws govern Your use of the Programs (including technical data) and any services deliverables provided under this agreement, and You agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, program and/or materials resulting from Programs or services (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, You confirm: * You will not download, provide, make available or otherwise export or re-export the Programs, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries. * You are not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are You listed on the United States Department of Commerce Table of Denial Orders. * You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists. * You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. Information CollectionThe Programs' installation and/or update processes, if any, may transmit a limited amount of data to Oracle or its service provider about those processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. Refer to Oracle's Privacy Policy at www.oracle.com/privacy. Disclaimer of Warranties; Limitation of Liability THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT WILL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000). No Technical Support Oracle does not provide technical support, phone support, or updates under this Agreement. Audit; Termination Oracle may audit an Entity's use of the Programs. You may terminate this Agreement by destroying all copies of the Programs. This Agreement shall automatically terminate without notice if You fail to comply with any of the terms of this Agreement, in which case You shall promptly destroy all copies of the Programs. Relationship Between the Parties Oracle is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software. Entire Agreement; Governing Law You agree that this Agreement is the complete agreement for the Programs and this Agreement supersedes all prior or contemporaneous agreements or representations, including any clickwrap, shrinkwrap or similar licenses, or license agreements for prior versions of the Programs. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of You and of Oracle. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. This Agreement is governed by the substantive and procedural laws of the State of California, USA, and You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. Notices Should You have any questions concerning this Agreement, or if You desire to contact Oracle for any reason, please write: Oracle America, Inc.
500 Oracle Parkway
Redwood City, CA 94065 Oracle Employees: Under no circumstances are Oracle employees authorized to download software for the purpose of distributing it to customers. Oracle products are available to Oracle employees for internal use or demonstration purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law, an Oracle employee's failure to comply with this policy could result in disciplinary action up to and including termination. Last updated: April 10, 2019 MedicalDirector Clinical, MedicalDirector PracSoft, MedicalDirector Blue Chip and MedicalDirector Sidebar End User Licence Agreement Last updated September 2017 The Applications are owned and operated by Health Communication Network Pty Limited T/A MedicalDirector (ACN 068 458 515) (MedicalDirector, we, us or our) or its licensors. This End User Licence Agreement (EULA) sets out the terms and conditions under which you may use and access: (a) the Applications as a Trial User;  (b) the Applications and related services as an individual (for which your Subscriber has been granted a licence as specified in a Subscription Agreement entered into by your Subscriber) (Individual Users); or (c) the Applications and related services as a Subscriber, where such Subscriber has entered into a Subscription Agreement with MedicalDirector. Unless otherwise specified in this EULA, a reference to you or your is a reference to any user accessing and using the Applications under (a), (b) or (c) above (as the context requires). 1 MedicalDirector has been supporting healthcare professionals and improving health outcomes for more than 20 years. We adopt a trusted partner approach in relation to how we collect, use and disclose your Personal Information and any Patient Data. This EULA includes our Privacy Policy, including our "Software User" part of the Privacy Policy (available at http://medicaldirector.com/about/privacy), which is incorporated into this EULA by reference and the MD Health Education and Research Tool terms at Appendix 1 to this EULA. Subscribers and Individual Users have the functionality to opt-out of (or opt-in to) the MD Health Education and Research Tool offering at any time. No Personal Information (i.e. no identified Patient Data) is extracted in connection with the MD Health Education and Research Tool offering. 2 Applications 2.1 Clause 1 applies to Trial Users and Individual Users only.  2.2 Please read this EULA carefully. This EULA, if accepted by you in accordance with clause 2.3, will constitute a binding agreement between you and MedicalDirector. 2.3 By clicking "I agree" or by accessing and/or using the Applications and related services, you agree to be bound by this EULA (which includes our Privacy Policy). If you agree to this EULA on behalf of a Subscriber, you represent and warrant to MedicalDirector that you have full authority to bind the Subscriber to this EULA. If you do not agree to this EULA, you may not access or use the Applications or any content, data or materials (including any text, graphics, logos, audio and software) made available to you on or via the Applications (or the MD Health Education and Research Tool) by MedicalDirector (Application Content) or any related services and you must immediately cease accessing and using the Applications, Application Content and related services. We recommend that you save a local copy of this EULA for your own records. 2.4 Application Content does not include Patient Data. In relation to the Applications, we do not ourselves collect or store Patient Data in our systems.  It is possible that from time to time in providing Support Services to you that our personnel may have temporary access to Patient Data, but this will be temporary only and Patient Data will not be collected or held by us. 2.5 For clarity, your use of and access to the Applications and Application Content does not affect your ownership of Patient Data. 2.6 In order to access and use the Applications and Application Content, you must: (a) be at least 18 years of age; (b) possess the legal right and ability to enter into a legally binding agreement with us; (c) agree and warrant to use the Applications and Application Content in accordance with this EULA and the Documentation; and (d) be a registered user with MedicalDirector. 2.7 The terms of this EULA commence when you agree to them (for example, by clicking 'I agree') and will continue in full force and effect for the Subscription Period or until terminated in accordance with its terms. 3 General 3.1 We may, in our sole discretion, update, modify or replace any or all of this EULA from time to time by posting an updated version at this on our website, unless such update, modification or replacement changes how we collect, use or disclose your personal information (or Patient Data) or de-identified data in relation to the MD Health Education, Research And Insight Tool, or detrimentally affects the functionality or performance of the Applications (in which case we will notify you in advance of such update, modification or replacement and seek your agreement prior to implementing the change). You are responsible for checking the Applications for all other changes to this EULA. Your continued use of, or access to, the Applications following the posting of any such changes to this EULA constitutes acceptance of those changes. If you do not agree to any update to this EULA you must immediately cease using and accessing the Applications, Application Content and related services. 3.2 You may access and use the Applications and the Application Content only as permitted by this EULA. 4 Grant of licence 4.1 In consideration for the mutual promises set out in this EULA, MedicalDirector grants to you for the Subscription Period a personal non-exclusive, non-transferable, non-sub-licensable licence to use and access the specific Applications and the Application Content, within Australia, in accordance with this EULA and solely for (where you are a Trial User) your legitimate business purposes or (where you are an Individual User or Subscriber, the legitimate business purposes of the Subscriber) and subject to the following restrictions: (a) you have no right to adapt, modify, redistribute, disassemble, decompile or reverse engineer the selected Applications nor may you make any copies of the Applications (but you may make one copy solely for disaster recovery purposes); (b) your use must be in accordance with any user identification and password requirements stipulated by us; and (c) (for Individual Users and Subscribers) MedicalDirector has received payment in full of the relevant Subscription Fee and any amounts due to MedicalDirector as set out in the relevant Subscription Agreement. 4.2 If you wish to use the Applications or Application Content for any other purpose, you must seek the consent of MedicalDirector. If such consent is granted, you may be required to enter into a separate agreement. 5 Conditions of access and acceptable use 5.1 The Applications are for your use for (where you are a Trial User) your legitimate business purposes or (where you are an Individual User or Subscriber) the legitimate business purposes of Subscriber only. You must not: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within the Applications or Application Content; (b) use the Applications, or any Application Content, to further any other commercial purpose, including any advertising or advertising revenue generation activity; (c) access or use the whole or any part of the Applications or Application Content, except as expressly authorised by this EULA, or otherwise with the prior written consent of MedicalDirector; (d) copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or part of any of the Applications or Application Content (but you may make one copy solely for disaster recovery purposes); (e) remove or obscure any proprietary notice (including any copyright, trade mark, service mark, tagline) or other notices contained in the Applications or Application Content; (f) circumvent any mechanisms in the Applications intended to limit your use of or access to areas within or components of the Applications; (g) vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer, or otherwise seek to obtain or derive the source code from, or directly or indirectly allow or cause a third party to vary, alter, modify, merge, interfere with, reverse disassemble, decompile or reverse engineer or obtain or derive the source code from, the whole or any part of the Applications, except as permitted by Law; or (h) use any data mining, gathering or extraction tools in connection with the Applications or Application Content, without MedicalDirector's prior written consent. 5.2 You must not access or use the Applications or Application Content, or post, provide or transmit any data or content in any way that: (a) violates or infringes the rights of MedicalDirector, or others (such as individuals under applicable Privacy Laws) including, without limitation, any Intellectual Property Rights; (b) is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another's privacy or constitutes a breach of any other of the legal rights of individuals (including with respect to the Spam Act); (c) impersonates any person, business or entity, including MedicalDirector, or the employees or agents of MedicalDirector; (d) includes personal and sensitive information about another person without that person's current consent or authorisation as required by applicable Privacy Laws; (e) is false, misleading, or deceptive; (f) violates this EULA or any policy posted on the Applications or as part of the Application Content; (g) contains viruses, malware or any other computer code, scripts, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or other property, or otherwise permit the unauthorised use of a computer or computer network; (h) could damage, disable or impair the servers or networks used by the Applications or their users; or (i) advertises products or services (except, in the case of a Subscriber, as permitted under the terms of the Subscription Agreement or another direct arrangement with MedicalDirector). 5.3 If you are an Individual User or Subscriber, we reserve the right to suspend or terminate your use of and access to the Applications at any time (at our sole discretion and without notice) if Subscriber defaults in the payment of any amounts due to MedicalDirector under the relevant Subscription Agreement. However MedicalDirector will provide you with read only Application functionality during any such suspension period and for a reasonable period (as determined by us) post-termination in order for you to access and review Patient Data for your internal purposes (for example, for the purposes of facilitating ongoing care by other healthcare providers or in connection with legal proceedings involving relevant Patient Data). 6 Registration and Login Credentials 6.1 When you login to the Applications, you may be prompted to update or select your own Login Credentials for use in accessing the Applications. You must keep your own Login Credentials (including your username and password) secure and you must not share them with any other person or allow any third party to use your Login Credentials to log in to the Applications. MedicalDirector will not be liable for any Loss arising out of or in connection with your failure to maintain the security of your Login Credentials. As between you and MedicalDirector, you are fully responsible for all activities carried out under or using your Login Credentials (whether or not authorised by you). You must immediately notify MedicalDirector of any unauthorised use of your Login Credentials or any other breaches of security. To the extent permitted by Law, including the Australian Consumer Law, MedicalDirector and its contractors, suppliers, licensors and other employees will not be liable for any acts and omissions undertaken by or on behalf of you by a user of your Login Credentials, including any damages of any kind arising from such acts of omissions. 7 Intellectual Property Rights 7.1 Unless otherwise indicated, MedicalDirector owns or licenses from third parties all rights, title and interest (including Intellectual Property Rights) in the Applications and Application Content, including in any improvements to the Applications or the Application Content, Updates and enhancements and including as they may incorporate any suggestions, ideas, information, comments, process descriptions or other information that you provide to us from time to time (Feedback). 7.2 Your use of and access to the Applications and Application Content does not grant or transfer any rights, title or interest to you in relation to the Applications or the Application Content. However we do grant you a licence to access the Applications and view the Application Content in accordance with this EULA and, where applicable, as expressly authorised by us and/or our third party licensors. 7.3 You may from time to time provide us with Feedback. You absolutely and unconditionally assign to MedicalDirector all rights, title and interests (including all Intellectual Property Rights) in and to any Feedback immediately upon creation, free of all encumbrances and third party rights and you must at your own cost do all things necessary to give effect to such assignment, including executing any required documents or effecting any required registrations.  8 Data and privacy (a) MedicalDirector may collect Personal Information about you as a "Software User" for the purposes set out in our Privacy Policy. MedicalDirector will handle your Personal Information in accordance with this EULA and our Privacy Policy, which provides information on how we manage your Personal Information, including what Personal Information we collect and how and why we collect this information. By providing your Personal Information to us (including through your use of the Applications), you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and this EULA. 9 Support Services (a) Clause 8 applies to Individual Users using and accessing the Applications pursuant to a Subscription Agreement entered into by your Subscriber. (b) MedicalDirector may provide Support Services to your Subscriber (as set out in the relevant Subscriber Quote Form). These services may, at the sole option of MedicalDirector, take the form of remote access to your Subscriber's network, in accordance with MedicalDirector's then current procedures governing the performance of such services. (c) You acknowledge that if your Subscriber does not provide MedicalDirector with remote access to its network, MedicalDirector will not be able to provide as extensive a range of Support Services as if remote access were made available. (d) You acknowledge and agree that your information (including Personal Information) may be disclosed to or may be accessed by MedicalDirector in the course of MedicalDirector facilitating providing support or technical services to your Subscriber. Our personnel may have temporary access to Patient Data, but this will be temporary only and Patient Data will not be collected or held by us. You must ensure that at all times you (or your Subscriber) hold all necessary authorisations and current consents from individuals (as required by applicable Privacy Laws) in order for MedicalDirector to access such information in the course of providing Support Services to your Subscriber. 10 eHealth Record System 10.1 This clause 9 applies in addition to the other provisions of this EULA and does not limit the operation of any other provision, including, without limitation, clauses 15 and 16. To the extent of any inconsistency between this clause and any other provision of this EULA, this clause applies instead of the other inconsistent provision. 10.2 To the extent relevant to your use of the Applications, you must comply with all: (a) laws and regulations; and (b) policies, procedures and terms of use, relating to or governing use of the eHealth Record System. 10.3 You must ensure that you hold all necessary authorisations and consents to upload information to or access information from the eHealth Record System using the Applications. You must comply with all restrictions, limitations and terms governing those authorisations and consents. 10.4 You acknowledge that MedicalDirector may: (a) provide information (for example, logs relating to use of the Applications to access the eHealth Record System) to anyone authorised to receive it; and (b) do anything else permitted or required, by law or by the terms or agreements relating to conformant clinical information systems or the eHealth Record System. You hereby authorise MedicalDirector to do all of those things. 11 Confidentiality 11.1 Confidential Information Subject to clause 11.2: (a) you must not disclose, or use for a purpose other than as contemplated by this EULA, any Confidential Information of MedicalDirector; (b) MedicalDirector must not disclose, or use for a purpose other than as contemplated by this EULA, any of your Confidential Information. 11.2 Permitted disclosure You or MedicalDirector may disclose any Confidential Information of the other: (a) to each other; (b) to persons which control or are controlled by you or MedicalDirector (as the case requires) within the meaning of the Corporations Act, and the employees, legal advisors or consultants of such persons, in each case under corresponding obligations of confidence as imposed by this clause and only where such persons, employees, legal advisors or consultants of such persons have a need to know such information in connection with this EULA; (c) which is at the time lawfully in the possession of the proposed recipient of the Confidential Information through sources other than you or MedicalDirector or a related body corporate of you or MedicalDirector (as the case requires); (d) in enforcing this EULA or in a proceeding arising out of or in connection with this EULA; (e) if required under a binding order of a Governmental Agency or under a procedure for discovery in any proceedings; (f) if required under any Law or any administrative guideline, directive, request or policy whether or not having the force of Law; (g) as required or permitted by this EULA; (h) to its own legal advisers, insurers and consultants in each case under corresponding obligations of confidence as imposed by this clause and only where such persons have a need to know such information in connection with this EULA; or (i) with the prior written consent of the other. 12 Updates and enhancements 12.1 Apart from any Updates to notify revisions to the fee schedules of Medicare Australia, MedicalDirector does not warrant that any Updates of the Applications will be released during the Subscription Period. 12.2 MedicalDirector may (but is not required to): (a) provide standard or progressive Updates, changes or amendments to the Applications as MedicalDirector sees fit to ensure proper operation and interaction of all parts of the Applications and any general enhancements that may be introduced; and (b) offer new services and features for the Applications, which will be subject to this EULA. 12.3 MedicalDirector does not warrant the accuracy of the revisions to the fee schedules of Medicare Australia which are provided on the basis of information supplied to it/published by Medicare Australia. 12.4 MedicalDirector’s obligations to provide Updates relate only to the Applications, and not to any hardware or third party software used in conjunction with the Applications, nor to the extent the Applications have been modified by anyone other than MedicalDirector. 13 Third party and open source software 13.1 MedicalDirector may notify you from time to time that your use of the Applications requires the installation of third party software or products including open source software including where you have entered into separate agreements with MedicalDirector in respect of development of the Applications or products and services related to the Applications. You agree that: (a) you will comply with all third party terms associated with such third party software or products; (b) this is entirely your responsibility and as between you and MedicalDirector you bear all risk arising from any use or performance of such third party software or products; (c) MedicalDirector is not the manufacturer or owner of such third party software or products, does not warrant the suitability, performance or use of such third party software or products; and (d) MedicalDirector is not responsible in any way to make recommendations in that regard nor to supply or install such software or products. 13.2 Third party content (including links to third party websites) may be accessible via the Applications. You acknowledge that MedicalDirector has no control over any such third party content, and to the extent permitted by law (including the Australian Consumer Law if applicable) is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such third party applications and content.  MedicalDirector does not have control over all other users of the Applications and is not liable for their opinions or behaviour, including any information and/or advice and any defamatory statements or offensive conduct. 14 User obligations 14.1 You must provide all reasonable assistance to MedicalDirector in performance of its obligations under this EULA, including without limitation ensuring that MedicalDirector’s personnel are provided with all information, facilities, assistance and access (including access to your premises and equipment) reasonably required to enable MedicalDirector to comply with its obligations under this EULA. 14.2 You shall be exclusively responsible for the supervision, management, and control of your, and your Administrator's, use of the Applications, including, but not limited to: (a) maintaining proper configuration of the equipment or devices on which the Applications are used; (b) maintaining the integrity of the data and databases used with and within the Applications; (c) establishing adequate operating methods; (d) implementing procedures sufficient to satisfy your obligations for security and licensed use under this EULA, including appropriate action between you and your officers, employees and contractors to prevent unauthorised access, misuse, unauthorised copying, modification, reverse engineering or disclosure of the Applications; and (e) compliance with all relevant laws and in particular but not limited to the Privacy Laws (including by obtaining all necessary authorities from individuals in relation to the access and sending of Patient Data by you or on your behalf from the Applications). 14.3 You acknowledge that the Applications, at your direction, may by operation or configuration interact with third parties, to for example, but not limited to, sending pathology requests and receiving results, sending or receiving messages, and receiving hospital discharge summaries. 14.4 You must not modify or use the Applications in a manner which interferes with the reasonable enjoyment or use of the Applications and related services by any other party, for example, but not limited to, by sending spam or unsolicited messages. 14.5 You must immediately inform MedicalDirector as soon as you become aware of any actual or potential data breaches (such as data breaches involving or affecting Personal Information) in relation to your access to, or use of, the Applications, including actual or potential breaches to your own systems where such data breach relates to data (including Personal Information) stored in, or obtained from, the Applications. 15 Warranties and disclaimers 15.1 Practice and clinical use disclaimers To the maximum extent permitted by Law, including the Australian Consumer Law: (a) you acknowledge and agree that the Applications do not constitute professional medical or healthcare advice, diagnosis or recommendation of treatment and are not intended to, nor should be used to, replace professional medical advice. In no circumstances should the Applications be relied upon without independent consideration and confirmation by a qualified medical practitioner; (b) MedicalDirector makes no representations or warranties with respect to any treatment, action, suitability or application of medication or preparation by any person whether in accordance with the Applications or not. In no circumstances will MedicalDirector be liable for any direct, indirect, consequential, special, exemplary or other damages arising therefrom; (c) where the Applications provide alerts and warnings to interactions of certain pharmaceutical products, MedicalDirector does not represent or warrant that the list of such interactions in the Applications are accurate, complete or comprehensive. It is the sole responsibility of any prescribing medical practitioner to ensure that all current product and prescription information in relation to pharmaceutical products referred to in the Applications has been read and understood prior to the prescription of any pharmaceutical product; (d) the Applications may provide alerts to interactions of certain pharmaceutical products with certain diseases as well as warnings noted in the 'Warnings, Precautions and Contraindications' section of Product Information of individual pharmaceutical company products. MedicalDirector does not represent or warrant that the data set used by the Applications to produce these alerts and warnings is accurate, complete or comprehensive; (e) these alerts and warnings are based on information provided by pharmaceutical companies and clinical sources to enable users of the Applications to exercise their own professional judgment, having regard to, among other things, a particular patient's condition and other prescribed medication, as to whether a particular pharmaceutical product should or should not be prescribed. The information in the Applications is provided on an 'as is' basis as provided to MedicalDirector by the pharmaceutical companies and clinical sources and any alert or warning (or lack thereof) does not constitute a recommendation or advice by MedicalDirector to take or refrain from taking any course of action including, but not limited to, the prescription of a particular pharmaceutical product; and (f) you acknowledge and agree that messages, data, images or documents (each called a "message") sent or received utilising any of the Application's messaging facilities (where messages can be sent or received by the Applications to or from the internet and external software or systems) are sent or received at your own risk. MedicalDirector will not be liable for any loss, claim, damage or injury arising from the non-receipt of or a failure to deliver a message or if any message is incomplete, corrupted or  in error. You should communicate separately with external message/data senders or recipients to verify the receipt of messages utilising any of the Application's messaging facilities. 15.2 General disclaimers To the maximum extent permitted by Law, including the Australian Consumer Law: (a) the Applications and the Application Content are made available "as is" and MedicalDirector makes no warranties or representations about the Applications or the Application Content, including but not limited to warranties or representations that they will be accurate, current, reliable, timely, available, complete or of a certain quality, or that any data submitted, uploaded, input into, or otherwise displayed on the Applications will not be lost or corrupted, or that the Applications are free from defects, bugs, viruses, errors or omissions, or other harmful components, or that the Applications will operate in combination with any other hardware, software, system or data; (b) except to the extent that MedicalDirector is directly and solely responsible for such Loss, MedicalDirector will not be liable for any direct and indirect Loss - irrespective of the manner in which it occurs - which may be suffered due to: (i) your use of the Applications and/or the Application Content; (ii) any inaccessibility or unavailability of the Applications or Application Content; (iii) the fact that certain information or materials contained on the Applications (including any Application Content) are incorrect, incomplete or not up-to-date; (iv) any loss or corruption of any data submitted, uploaded, input, or otherwise displayed on the Applications by or about you; or (v) the inability of the Applications to operate in combination with any other hardware, software, system or data; (c) MedicalDirector does not accept any liability for delays, interruptions, service failures and other problems relating to the Applications and the Application Content outside the reasonable control of MedicalDirector; (d) MedicalDirector does not accept any liability in relation to any third party content or materials available through the Applications; and (e) all warranties, representations or endorsements, express or implied, with regard to the Applications and Application Content, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement are excluded from this EULA. 15.3 Although MedicalDirector implements security measures to help protect the Applications, you acknowledge that use of the Applications involve transmission of data over networks that are not owned, operated or controlled by MedicalDirector. MedicalDirector is not responsible for any data that is lost, corrupted, intercepted, modified or stored across such networks. You acknowledge and agree that, to the extent permitted by Law (including the Australian Consumer Law, if applicable), MedicalDirector cannot guarantee that its security measures will be error-free, that transmissions of data will always be secure or that our security measures (or those of our third party service providers) will always be incapable of being hacked or circumvented by unauthorised third parties. 15.4 You acknowledge and agree that MedicalDirector cannot guarantee and does not promise any specific results from use of the Applications. 15.5 It is your responsibility (not MedicalDirector's) to maintain a current backup of all business-critical data, and a full system recovery backup. 15.6 MedicalDirector does not accept responsibility for errors, defects, data loss, or any other unexpected or unexplained results when providing support services, including using remote access to attempt to remove, install, upgrade or repair your use of or access to an Application. 16 Indemnity and liability 16.1 You will defend, hold harmless and indemnify MedicalDirector and its personnel (Indemnified Parties) from and against any and all Loss suffered or incurred by them arising out of or in connection with: (a) any data (including Personal Information and Patient Data) disclosed by you in connection with this EULA; or (b) a breach by you of this EULA. 16.2 MedicalDirector will defend, hold harmless and indemnify you from and against any and all Loss suffered or incurred by you arising out of or in connection with any claim that an Application infringes the Intellectual Property Rights of a third party, except to the extent that such Loss was caused or contributed to by you. 16.3 You acknowledge and agree that MedicalDirector has been irrevocably appointed to act as sole and exclusive agent of these Indemnified Parties for the purpose of recovering (whether through court proceedings or otherwise) the Losses of the Indemnified Parties and enforcing the indemnities. 16.4 To the maximum extent permitted by Law, including the Australian Consumer Law: (a) MedicalDirector will not be liable for any Consequential Loss; and (b) MedicalDirector's maximum liability arising out of or in connection with this EULA, the Applications and the Application Content, whether in contract, tort, breach of warranty or statutory guarantee or otherwise, will be limited at MedicalDirector's sole discretion, to: (i) the resupply of the software or services to you; or (ii) the payment of the cost of having the software or services supplied again. 17 Termination 17.1 You will have committed an event of default, and this EULA and the licence granted under it will terminate automatically and without further notice upon the occurrence of any of the following: (a) you attempt to or do use, copy, licence, modify, reverse engineer or convey or deal with the Applications or any parts thereof in any manner contrary to the terms of this EULA or in derogation of MedicalDirector’s Intellectual Property Rights; or (b) you breach, or fail (including by neglecting to observe) to perform, any of your existing or future obligations under this EULA or any other agreement with MedicalDirector. 17.2 In the case of users of an Application where a relevant Subscription Fee (or any other amounts due and payable under a relevant Subscription Agreement) are not paid by your Subscriber, or for any other users where a Subscription Fee is no longer applicable (excluding Trial Users of an Application), MedicalDirector may immediately terminate this EULA and the licence granted under it by notice to you. 17.3 At any time, a Trial User or MedicalDirector may terminate this EULA by providing 30 days' notice of such termination to the other.   18 Effect of Termination 18.1 You agree that immediately upon an event described in clause 17.1, 17.2 or 16.3 you shall immediately cease all use of the Applications and Application Content. You also agree to destroy all copies of the Applications and certify that fact to MedicalDirector. MedicalDirector will provide you with read only Application functionality for a reasonable period (as determined by us) following an event described in clause 17.1, 17.2 or 16.3, in order for you to access and review Patient Data for your internal purposes (for example, for the purposes of facilitating ongoing care by other healthcare providers or in connection with legal proceedings involving relevant Patient Data). 18.2 For the avoidance of doubt, nothing in clauses 17 or 18 requires you to delete your Patient Data. 18.3 Upon termination of the licence granted under this EULA, following the period referred to in clause 17.1(b), MedicalDirector’s obligations under this Agreement will cease. Without limiting any other provision of this EULA, clauses 6 (Registration and Login Credentials), 7 (Intellectual Property Rights), 8 (Your data and privacy), 11 (Confidentiality), 12 (Updates and enhancements), 16 (Indemnity and liability), 18.1, 22 (Definitions) 23 (Interpretation), Appendix 1 to this EULA and any other clauses which should by their nature survive termination of this EULA, survive termination or expiration of this EULA for any reason whatsoever. 19 Severability Any provision of this EULA that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this EULA nor affect the validity or enforceability of that provision in any other jurisdiction. 20 No waiver A failure to exercise or a delay in exercising any right, power or remedy under this EULA does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing. 21 Jurisdiction and governing law This EULA and your use of the Applications and Application Content is governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there. 22 Definitions The following definitions apply unless the context requires otherwise. Application means the clinical and practice management systems known as MedicalDirector Clinical, MedicalDirector PracSoft, MedicalDirector Sidebar, MedicalDirector Bluechip that are installed and hosted locally on your (or your Subscriber's) hardware and other MedicalDirector-endorsed (including as notified by MedicalDirector from time to time) applications or products that integrate or interface with MedicalDirector Clinical, MedicalDirector PracSoft or MedicalDirector Sidebar. At the commencement of this EULA, the list of current MedicalDirector-endorsed applications or products for the purposes of this definition will be made available to you. Any MedicalDirector-endorsed application or product is provided on the terms of this EULA (unless otherwise notified by MedicalDirector) and subject to the terms and conditions for any relevant third-party software, includes the rights in third party software that MedicalDirector can lawfully grant. Application Content is defined in clause 1.3, but for the avoidance of doubt Application Content excludes Patient Data. Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Confidential Information means all information of a confidential nature, in any form whether tangible or not and whether visible or not, disclosed or communicated by you or MedicalDirector, or learnt or accessed by, or to which you or MedicalDirector are exposed as a result of entering into this EULA and includes, without limitation, any information and material concerning the contractual or commercial dealings, financial details, products or services (current or proposed), customers, employees, internal policy, the Intellectual Property Rights of you or MedicalDirector or dealings under this EULA. Consequential Loss means: (a) loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, or loss of business; and (b) any loss, not arising naturally (that is according to the usual course of things), from the relevant breach, whether or not such loss is reasonably supposed to have been in the contemplation of both parties, at the time they made this EULA, as the probable result of the relevant breach. Documentation means any printed or electronic document or documentation, including any media (if any) provided by MedicalDirector in conjunction with the Applications from time to time. eHealth Record System means all systems, networks, applications, other software, repositories and hardware for the storage, accessing and communication of patient controlled electronic health records and related uses, including the My Health Record system pursuant to the My Health Records Act 2012 (Cth). Feedback means any suggestions, ideas, information, comments, process descriptions or other information that you provide to MedicalDirector from time to time. Governmental Agency means any government or any governmental, semi-governmental or judicial entity or authority. It also includes any self-regulatory organisation established under statute or any stock exchange. Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade mark, service mark, design, patent, trade secret, semi-conductor or circuit layout rights, trade, business, domain or company names, moral rights, rights in Confidential Information, know how or other proprietary rights (whether or not any of these are registered and including any application, or right to apply, for registration) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world. Law means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles, requirements and determinations, mandatory codes of conduct, writs, orders, injunctions and judgments. Login Credentials means the username, log-in token, licence key and/or access key (as relevant) provided by MedicalDirector in relation to the Applications.  Loss means any claim, loss liability, cost or expense (including legal expenses on a full indemnity basis). Patient Data means health information and/or health records (as defined in any relevant Privacy Law) about an identified individual or an individual who is reasonably identifiable including progress notes, medical history and patient records about an individual that are entered into the Applications by You. For the avoidance of doubt, MedicalDirector does not assert ownership over Patient Data. Personal Information means "Personal Information" and "sensitive information" (or either, as the context requires) as defined in the Privacy Act and any other information relating to individuals that is subject to the operation of the Privacy Laws that either party has collected, received or otherwise has access to in connection with this EULA. Privacy Laws means: (a) the Privacy Act 1988 (Cth); (b) the Spam Act 2003 (Cth); (c) the Do Not Call Register Act 2006 (Cth); (d) to the extent applicable, any legislation from time to time in force in any: (i) Australian jurisdiction (which includes the Commonwealth of Australia and any State or Territory of Australia); and/or (ii) non-Australian jurisdiction (to the extent that either party is subject to the laws of that jurisdiction), affecting privacy, Personal Information, Patient Data (including health records and information) or the collection, handling, storage, processing, use or disclosure of such data; and (e) any ancillary rules, binding guidelines, orders, directions, directives, codes of conduct or other instruments made or issued by a Government Agency under an instrument identified in paragraphs (a) to (d) above, as amended from time to time. Privacy Policy means the policy that is available at http://medicaldirector.com/about/privacy. Spam Act means the Spam Act 2003 (Cth). Subscriber means: (a) (in the context of an Individual User) your designated subscriber (who has entered into a Subscription Agreement with MedicalDirector, pursuant to which you are authorised to access and use the Applications on that subscriber's behalf); (b) (in the context of a subscriber) the party that has entered into a Subscription Agreement with MedicalDirector. Subscriber Quote Form means the order form (if any) forming part of the relevant Subscription Agreement. Subscription Agreement means a relevant subscription agreement (if any) entered into between Subscriber and MedicalDirector, as amended from time to time. Subscription Fee means the amounts payable by Subscribers to MedicalDirector as specified the relevant Subscriber Quote Form for a Subscription Period. Subscription Period means: (a) (where you are an Individual User or Subscriber) the period set out in the relevant Subscriber Quote Form for which Subscriber has been granted a licence to access and use the Applications; (b) (where you are a Trial User) the period described in the applicable trial user terms (or otherwise agreed in writing with MedicalDirector); or (c) otherwise, any such term as agreed between MedicalDirector and Subscriber. Support Services means assistance provided to your Subscriber in the manner indicated in the relevant Subscription Agreement. Trial User means a person using and accessing an Application on trial user terms as agreed with MedicalDirector from time to time, which will be governed by this EULA. Update means any new release of or supplement to an Application issued by MedicalDirector and designed to correct errors identified in the Application(s), comply with legislative requirements, reflect changes to Medicare Australia fee schedules, or add extra program features or functionality, but specifically excludes any new release of the Application(s) designated by MedicalDirector as a new version. Use includes to collect, receive, extract, locate, hold, use, copy, duplicate, manipulate, disclose or deal with in any way. 23  Interpretation The following rules apply to this EULA unless the context requires otherwise: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural, and the converse also applies; (c) nothing in this EULA is to be interpreted against a party solely on the ground that the party put forward this EULA or a relevant part of it; (d) if a word or phrase is defined, its other grammatical forms have a corresponding meaning; (e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; (f) a reference to a clause is a reference to a clause of this EULA; (g) a reference to an agreement or document (including a reference to this EULA) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by this EULA or that other agreement or document; (h) a reference to a party to this EULA or another agreement or document includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives); (i) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it; (j) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form; (k) a reference to conduct includes an omission, statement or undertaking, whether or not in writing; (l) a reference to an agreement includes any undertaking, deed, agreement and legally enforceable arrangement, whether or not in writing, and a reference to a document includes an agreement (as so defined) in writing and any certificate, notice, instrument and document of any kind; and (m) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included. APPENDIX 1 TO MEDICALDIRECTOR CLINICAL EULA - MD HEALTH EDUCATION AND RESEARCH TOOL MedicalDirector presents all MD Clinical Subscribers and Users with the opportunity to participate within health education and research through the sharing of certain de-identified data with MedicalDirector (Data Sharing). Through the sharing of this de-identified data, MedicalDirector will drive innovation in product development, developing near real-time insights into population health and research into clinical pathways and health demands research.  The benefits enabled through your sharing of this de-identified data will be provided: (a) to you as a MedicalDirector Clinical Subscriber or User and to carefully selected third parties; (b) to MedicalDirector and other carefully selected third party digital publishing and medical reference services; (c) for MedicalDirector conducted research and data analytics, on a de-identified basis only; and (d) to contribute to (and offer our own) medical information resources, education and health communication services. The data shared with MedicalDirector will be in a de-identified form (see our data sharing processes below) and will not comprise any information about an identified individual or an individual who is reasonably identifiable (such as patient data about an identified individual). Future innovations and enhancements to MD Health Education and Research Tool that may be enabled through Data Sharing include analytics, visualisations, machine learning or other such developments. MedicalDirector provides you with the functionality to opt-out of Data Sharing with MedicalDirector at any time. By opting-out, you will no longer have access to the benefits and future innovation provided via MD Health Education and Research Tool. By choosing to opt-out you will continue to have full access to and use of MedicalDirector Clinical and the MD Insights application. (MedicalDirector Insights is a practice reporting tool that is securely integrated with and located on-premises with MedicalDirector Clinical. It aims to assist the practice in improving the quality of patient health outcomes and practice accreditation). The MD Insights application only provides reports on your practice data to the MedicalDirector Clinical Subscriber or User and will not contain any additional options based on research and analytics completed using the shared data. DATA SHARING MedicalDirector’s acts as your trusted partner through which certain de-identified data can be shared via MD Health Education and Research Tool. Data sharing processes established for MD Health Education and Research Tool are compliant with relevant legislation and consistent with industry best practice. These processes include: (a) Data Sharing will be achieved via an application associated with MedicalDirector Clinical on-premise, and is used by MedicalDirector to collect only de-identified data from the data that is stored in MedicalDirector Clinical on-premise (that is produced by MD Clinical Subscribers/Users). (b) Data shared through MD Health Education and Research Tool will be de-identified within MedicalDirector Clinical on-premise using data anonymization principles and algorithms that are consistent with applicable guidelines provided by the Office of the Australian Information Commissioner and other industry leading organisations. (c) Data shared through MD Health Education and Research Tool will be encrypted and transported to MedicalDirector cloud solutions. MedicalDirector cloud solutions are hosted in Australia on the Microsoft Azure platform. (d) All Data Sharing activities will be logged and auditable. (e) All Data Sharing processes and applications have been tested in order to protect data from external threats. (f) MedicalDirector has established data profiling processes and functions to verify that no information about an identified individual or an individual who is reasonably identifiable (such as patient data about an identified individual) is collected by MedicalDirector through MD Health Education and Research Tool.  If any such identified or identifiable information is discovered, it will be deleted immediately and processes will be updated to prevent such identified or identifiable information being collected again in that way. (g) MedicalDirector will take all reasonable steps to ensure that all de-identified data collected through MD Health Education and Research Tool is used in accordance with all applicable laws. (h) Upon termination of your MD Clinical EULA, you agree that MedicalDirector may retain a copy of all data shared with MedicalDirector through MD Health Education and Research Tool. Eventbrite Terms of Service Last Updated: March 11, 2019 Welcome to Eventbrite! We know as event creators and consumers you want your events to run safely and smoothly. We want the same thing for our platform. We're excited you are here. Please read these Terms of Service (or Terms, as further described in Section 1.4) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Eventbrite's Services, you agree to comply with and be bound by these Terms, as applicable to you. TIP: To learn more about Eventbrite's Legal Terms, take a look here. NOTE: IMPORTANT NOTICE: Section 9 of these Terms of Service contains a binding arbitration provision and class action waiver that may affect your legal rights. Please read Section 9 very carefully. 1-2 1. Accepting These Terms 1.1 What's What. Eventbrite's products, features and offerings are available (a) online through various Eventbrite properties including without limitation, Eventbrite, Eventbrite Communities, Eventbrite Music, Eventbrite Venue, Lanyrd, Rally, Ticketea, Ticketfly, Ticketscript Limited, and nvite ("Site(s)"); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "Eventbrite Properties" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Eventbrite in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content." 1.2 Who's Who. When these Terms use the term "Organiser," we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), or (b) for any other reason. Organisers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your." When these Terms use the term "Eventbrite," "we," "us," or "our," that refers to Eventbrite, Inc. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. Affiliates include without limitation, Eventbrite Argentina, Eventbrite Brazil and Eventbrite US, as these entities are referenced below. The contracting entity on the other side of these Terms is as follows: • If you are a User located in Argentina, you are contracting with Eventbrite Argentina S.A. with head offices at República del Líbano Nº 981, Godoy Cruz, Province of Mendoza, Argentina, and registered under CUIT: 30-71038876-4 ("Eventbrite Argentina"). • If you are a User located in Brazil, you are contracting with Eventbrite Brasil Gestao Online De Eventos Ltda., a limited liability company, with head offices in the city of São Paulo, State of São Paulo, Av. Faria Lima, 1306, 7º andar, Pinheiros, CEP 01451001, enrolled with the Taxpayer Registration CNPJ/MF under No. 15.913.672/0001-65 and with its Articles of Association registered with the Board of Commerce of the State of São Paulo under NIRE 35.226.513.555 ("Eventbrite Brazil"). • If you are a User located in any other jurisdiction, you are contracting with Eventbrite, Inc., a Delaware corporation, with its principal place of business at 155 5th Street, Floor 7, San Francisco, CA 94103, Reg. No. 4742147 ("Eventbrite US"). • Eventbrite Payment Processing. If you are a Consumer located in Europe and submitting a credit card for Eventbrite to process your purchase, for purposes of Eventbrite Payment Processing (as defined in the Merchant Agreement) only, you are contracting with Eventbrite Operations (IE) Ltd, an Irish limited liability company, with its registered office at 70 Sir John Rogerson's Quay, Dublin 2, Ireland ("Eventbrite Ireland"). If you are a Consumer located in Australia and submitting a credit card for Eventbrite to process your purchase, for purposes of Eventbrite Payment Processing only, you are contracting with Eventbrite Pty Ltd, an Australian limited liability company, with head offices at 80 Market Street, Level 5, South Melbourne VIC 3205, Australia, and registered under Australia Business Number 38 167 488 593 ("Eventbrite Australia"). If you are a Consumer located in Canada and submitting a credit card for Eventbrite to process your purchase, for purposes of Eventbrite Payment Processing only, you are contracting with Eventbrite Canada Inc., a Canada corporation whose address is 100 King Street West, 1 First Canadian Place, Suite 1600-100, Toronto, ON, M5X1G5 (“Eventbrite Canada”). If you are a Consumer located in Singapore and submitting a credit card for Eventbrite to process your purchase, for purposes of Eventbrite Payment Processing only, you are contracting with Eventbrite Singapore Pte. Ltd., with offices located at 8 Marina Boulevard #05-02 Marina Bay Financial Centre, Singapore, 018981, Singapore (“Eventbrite Singapore”). If you are a Consumer located in Hong Kong and submitting a credit card for Eventbrite to process your purchase, for purposes of Eventbrite Payment Processing only, you are contracting with Eventbrite Hong Kong Limited, with offices located at 1401 Hutchison HSE 10 Harcourt Rd, Hong Kong, Hong Kong (“Eventbrite Hong Kong”). If you are a Consumer located in Mexico and submitting a credit card for Eventbrite to process your purchase, for purposes of Eventbrite Payment Processing only, you are contracting with Eventbrite Mexico Payment Processing S. DE R.L. DE C.V., with a registered address at Presidente Masarik 111, Piso 1 Col. Polanco V Seccion C.P. 11560 Mexico, D.F. (“Eventbrite Mexico”). Note that irrespective of the entity with which you are contracting for purposes of Eventbrite Payment Processing, all other Services offered by Eventbrite are offered through either your local entity in the case of Eventbrite Argentina or Eventbrite Brazil, or Eventbrite US. If you change your place of residence, the Eventbrite company you contract with will be determined by your new place of residence as specified above from the date on which your place of residence changes. 1.3 What Else. If you are an Organiser offering events with paid tickets, Eventbrite's Merchant Agreement and Organiser Refund Policy Requirements are also applicable to you. If you are an Organiser or Consumer, Eventbrite's Community Guidelines are applicable to you. (Some, but not all, of the terms in those agreements are duplicated in these Terms of Service.) If you are a third party interacting with our Services not as an Organiser or a Consumer, the API Terms of Use or Trademark and Copyright Policy might be applicable to you. Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time as those will also be applicable to you. And, by agreeing to these Terms of Service, you acknowledge you have read the Privacy Policy and Cookie Statement applicable to all Users. We may sometimes provide you with services that are not described in these Terms of Service, or customised services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well. 1.4 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Eventbrite's "Terms." These Terms are a legally binding agreement between you and Eventbrite governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself. 2. Eventbrite's Services and Role 2.1 What We Do. Eventbrite's Services provide a simple and quick means for Organisers to create speaker profiles, organiser profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the Eventbrite Properties. 2.2 How We Fit In. Eventbrite is not the creator, organiser or owner of the events listed on the Services. Rather, Eventbrite provides its Services, which allow Organisers to manage ticketing and registration and promote their events. The Organiser is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organiser of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Organiser selects. If the Organiser selects a payment processing method that uses a third party to process the payment, then neither Eventbrite nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Organiser's designated payment provider. If an Organiser uses Eventbrite Payment Processing (as defined in the Merchant Agreement), Eventbrite also acts as the Organiser's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organiser. 3-4 3. Privacy and Consumer Information 3.1 We know your personal information is important to you and it is important to Eventbrite too. Information provided to Eventbrite by Users or collected by Eventbrite through Eventbrite Properties, is governed by our Privacy Policy. 3.2 If you are an Organiser, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers. 4. Term; Termination 4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Eventbrite decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Eventbrite. 4.2 Eventbrite may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Eventbrite; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Eventbrite to legal liability. Eventbrite may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Eventbrite's sole discretion, failure to do so would materially prejudice you. You agree that Eventbrite will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services. 4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Eventbrite, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Eventbrite governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration. 4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences). 5-6 5. Export Controls and Restricted Countries As a global company based in the US with operations in other countries, Eventbrite complies with certain export controls and economic sanctions laws. All Users, regardless of your or the event's location should familiarize yourself with these restrictions. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles. 6. Release and Indemnification This is where you agree to cover Eventbrite if you use the Service in a way that causes Eventbrite to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws. 6.1 Release. You hereby agree to release Eventbrite from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY." 6.2 Indemnification. You agree to defend, indemnify and hold Eventbrite and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Eventbrite’s collection and remission of taxes; and (e) if you are an Organiser, your events (including where Eventbrite has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Eventbrite's gross negligence or willful misconduct. Eventbrite will provide notice to you of any such Claim, provided that the failure or delay by Eventbrite in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Eventbrite may choose to handle the Claim ourselves, in which case you agree to cooperate with Eventbrite in any way we request. 7-8 7. Disclaimer of Warranties and Assumption of Risks by You We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise. To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Eventbrite expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Eventbrite makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. You acknowledge that Eventbrite has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Organisers in connection with events) or the ability of any User to perform or actually complete a transaction. Eventbrite has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Eventbrite requires to provide the Services, that an Organiser chooses to assist with an event, or that you choose to contract with when using the Services. You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law. 8. Limitation of Liability 8.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Eventbrite and any person or entity associated with Eventbrite's provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Eventbrite has been advised of the possibility of such damages); or (b) Your Content. In addition, other than the obligation of Eventbrite to pay out Event Registration Fees in certain circumstances to certain organisers under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Eventbrite or Associated Parties is limited to the following: (i) for Organisers of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of Eventbrite Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and (ii) for Organisers of events with free tickets only, Consumers or other Users, (1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred U.S. dollars (US $100). 8.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law. 9-10 9. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. (a) Contact Us First. If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern. (b) Agreement to Arbitrate. In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9(h) below. (c) Scope of Agreement. This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services. (d) Exceptions. Notwithstanding this Agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (ii) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorised use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights ("Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). In addition, the portion of any dispute or complaint relating to our participation in the US-EU or US-Swiss Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section. (e) No Class Actions. YOU AND EVENTBRITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. (f) Notice of Dispute. A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Eventbrite must be addressed to the following address ("Notice Address") and must be sent by certified mail: Eventbrite, Inc., Attn: Legal Department, 155 5th Street Floor 7, San Francisco, CA 94103, USA. Notice to you will be addressed to a mailing, home or payment address currently on record with Eventbrite and must be sent by certified mail. If Eventbrite has no records of such physical address, such notice may be delivered to your Eventbrite account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Eventbrite and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Eventbrite may commence an arbitration proceeding. (g) Arbitration Proceedings. The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 9. (h) Location of Arbitration Proceedings. If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that is you are a Consumer whose residence is outside of the United States, the hearing will take place either in San Francisco, California or by phone or videoconference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless Eventbrite and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction. (i) Costs of Arbitration; Legal Fees. i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against Eventbrite and the value of the relief sought is ten thousand dollars ($10,000) or less, then Eventbrite will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Eventbrite will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Eventbrite for all such cost and expenses that Eventbrite paid and that you would have been obligated to pay under the AAA rules. ii. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys' fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable attorneys' fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Eventbrite will not seek to recover its attorneys' fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. (j) Future Changes. Notwithstanding any provision in these Terms to the contrary, you and Eventbrite agree that if Eventbrite makes any future change to this arbitration provision (other than a change to the Notice Address) Eventbrite will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change. (k) Special Severability. In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim and Section 23 will apply in lieu of this Section 9. (l) Opt Out. You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to legal@eventbrite.com, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Eventbrite also will not be bound by them. 10. Licence to the Eventbrite Services 10.1 Licence to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register for or purchase tickets or registrations to an event listed on the Services; and/or (b) create event registration, organiser profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event. Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). 10.2 Restrictions on Your Licence. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localise, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services. 10.3 Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Eventbrite may own the Site Content or portions of the Site Content may be made available to Eventbrite through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Eventbrite and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved. 10.4 Trademarks. The trademarks, service marks and logos of Eventbrite (the "Eventbrite Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Eventbrite. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Eventbrite Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without the prior written consent of Eventbrite specific for each such use. The Trademarks may not be used to disparage Eventbrite, any third party or Eventbrite's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Eventbrite approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Eventbrite Trademark will inure to Eventbrite's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Eventbrite and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights. 10.5 Use of Sub-domains. Eventbrite may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].eventbrite.com) for a given event. All such sub-domains are the sole property of Eventbrite and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Eventbrite provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Eventbrite terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain. 11-12 11. Licences and Permits Organisers Must Obtain If you are an Organiser, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that: (a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licences, permits, and authorizations (individually and collectively, "Licensure") with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits; (b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances; (c) You will only request that Eventbrite offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organiser to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services (d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Eventbrite permitting you to access and use the Services, you hereby agree to release Eventbrite, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. (e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Eventbrite, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Eventbrite from time to time. 12. Your Rights to Submit a Copyright Takedown Notice If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by following the directions we provided in Eventbrite's Trademark and Copyright Policy. 13-14 13. Scraping or Commercial Use of Site Content is Prohibited The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s). 14. Fees and Refunds. 14.1 Fees That We Charge. Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Eventbrite and certain Organisers. Organisers ultimately determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Organiser out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by Eventbrite to the applicable Organiser or the standard fees described on the Services to Organisers. In addition, certain fees are meant, on average, to defray certain costs incurred by Eventbrite, but may in some cases include an element of profit and in some cases include an element of loss. Eventbrite does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates. 14.2 Ticket Transfers. If you wish to transfer tickets to an event you have purchased on Eventbrite, in some instances Eventbrite may be able to accommodate this for you. In all other instances, please contact the Organiser of the event to arrange for ticket transfer. If you are unable to reach the Organiser, or the Organiser is unable to arrange a ticket transfer, please contact us. 14.3 Refunds. Because all transactions are between an Organiser and its respective attendees, Eventbrite asks that all Consumers contact the applicable Organiser of their event with any refund requests. You can find help with getting a refund here. (a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organiser has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Eventbrite will not be held liable under any circumstances for any costs arisen from non-compliance by Organisers with applicable procedures that must be implemented by Organisers to check validity of tickets. Eventbrite will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties. (b) If you are an Organiser, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Eventbrite will not be held liable under any circumstances for any costs arisen from non-compliance by Organisers with applicable procedures that must be implemented by Organisers to check validity of tickets. Eventbrite will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties. 15-16 15. Your Account with Eventbrite We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Eventbrite or user the Services, including the following: • You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself. • You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes. • If there is a dispute between two or more persons or entities as to account ownership, Eventbrite will be the sole arbiter of that dispute and Eventbrite's decision (which may include termination or suspension of the account) will be final and binding on those parties. • If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Eventbrite all permissions and licences provided in these Terms. • We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account. • You agree to immediately notify Eventbrite of any unauthorised use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account. 16. Our Community Guidelines You agree to abide by the Eventbrite Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Eventbrite Services. 17-18 17. Your Content. 17.1 Licence. Eventbrite does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Eventbrite a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Eventbrite's promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Eventbrite does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services. 17.2 Your Representations About Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms. 17.3 Additional Rules About Your Content. Your Content must be accurate and truthful. Eventbrite reserves the right to remove Your Content from the Services if Eventbrite believes in its sole discretion that it violates these Terms, our Community Guidelines, or for any other reason. Eventbrite may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Eventbrite both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Eventbrite, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices. 18. Rules for Use of Email Tools 18.1 Eventbrite may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the "Email Tools"). If you use Email Tools, you represent and agree that: (a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence; (b) your emails are not sent in violation of any privacy policy under which the recipient emails were gathered; (c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive; (d) you will only use the Email Tools to advertise, promote and/or manage a bona fide event listed on the Services; (e) your use of the Email Tools and the content of your emails complies these Terms; (f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools; (g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Eventbrite requesting you modify such Consumer's email preferences; (h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list. 18.2 If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Eventbrite may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools. 19-20 19. Notices Notices to you may be sent via email or regular mail to the address in Eventbrite's records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Eventbrite or deliver any notice, you can do so at Eventbrite, Inc., Attn: Legal Department 155 5th Street Floor 7, San Francisco, CA 94103, USA or via email to legal@eventbrite.com. 20. Modifications to the Terms or Services Eventbrite reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Eventbrite may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorised officer of Eventbrite. Eventbrite is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Eventbrite reserves the right modify, replace or discontinue any part of the Services or the entire Service. 21-22 21. Assignment. We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. 22. Entire Agreement Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Eventbrite and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Eventbrite on the subject matter hereof, other than any written agreement for Services between you and an authorised officer of Eventbrite relating to a specified event or events. 23-24 23. Applicable Law and Jurisdiction These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Eventbrite is based in San Francisco, California, and any legal action against Eventbrite related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in San Francisco. Thus, for any actions not subject to arbitration, you and Eventbrite agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in San Francisco County, California. 24. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation to you. 25-26 25. Third Party Websites; Linked Accounts; Third Party Offers The Services may provide, or Users may provide, links to other Internet websites or resources. Because Eventbrite has no control over such websites and resources, you acknowledge and agree that Eventbrite is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Eventbrite partners or third party service providers. For example, if you purchase ticket insurance on Eventbrite from a third party, your contractual relationship is with the third party ticket insurance provider, not Eventbrite. 26. Additional Miscellaneous Provisions Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control. 27 27. Additional Clauses for Users in Certain Locations Eventbrite is a global company offering Organisers and Consumers the opportunity to benefit from our Services worldwide. To allow each User full advantage of our Services and applicable law, certain additional provisions included in this Section may be applicable to you. 27.1 Australian Users. If you are a User located in Australia and constitute a Consumer as defined by Australian Consumer Law while using the Services, then the following Australian Amendments available here apply to you. 27.2 EEA, Swiss and UK Users. If you are a User located in the European Economic Area ("EEA"), Switzerland and the United Kingdom (together, "EU") who is an individual acting for purposes that are wholly or mainly outside of your trade, business, craft or profession while using the Services, then the following EU Amendments available here apply to you. If you are an Organiser located in the EU you are a data controller with respect to your event attendees' personal data of which Eventbrite will act as a data processor in relation to certain data processing operations. In these circumstances, the Data Processing Addendum for Organisers located here is incorporated in to these Terms. 27.3 Argentinian Users. If you are a User located in Argentina, then the following Argentinian Amendments available here apply to you. 27.4 Brazilian Users. If you are a User located in Brazil, then the following Brazilian Amendments available here apply to you. Eventbrite Privacy Policy Last Updated: December 16, 2019 We participate in and comply with the EU-U.S. and Swiss-U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data (defined in Section 2.1) transferred from European Economic Area ("EEA") member countries, Switzerland and the United Kingdom (UK) to the United States. You can find out more about our commitment to the EU-U.S. and Swiss-U.S. Privacy Shield Framework in our Privacy Shield Notice. TIP: Learn how to delete, access, or update your Personal Data. NOTE: To learn more about Eventbrite's Legal Terms, take a look here. 1-2 1. Who We Are. 1.1 Eventbrite Services. Welcome to Eventbrite! We are a ticketing and registration platform dedicated to bringing the world together through live experiences. Through our platform, mobile apps and services, we enable people all over the world to create, discover, share and register for events. Eventbrite's products, features and offerings are available (a) online through various Eventbrite properties including without limitation, Eventbrite, Eventbrite Communities, Eventbrite Music, Eventbrite Venue, Lanyrd, Rally, Ticketea, Ticketfly, nvite ("Site(s)"); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "Eventbrite Properties" or our "Services". 1.2 Who's Who. When this Privacy Policy uses the term "Organiser" we mean event creators using the Services to create events for consumers using our Services (a) to consume information about, or attend, events ("Consumers"), or (b) for any other reason. Organisers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users", "you" or "your". Eventbrite, Inc. is a Delaware corporation with its principal place of business at 155 5th Street, Floor 7, San Francisco, CA 94103, Reg. No. 4742147 ("Eventbrite," "us," "we" or "our"). If you are resident in the EEA or Switzerland, Eventbrite, Inc. is the responsible party with respect to Personal Data (defined below) collected through the Services. Eventbrite's representative for European data protection law purposes is Eventbrite NL B.V. with its principal place of business at Silodam 402, 1013AW, Amsterdam, The Netherlands. If you have any questions or concerns at any time, please do not hesitate to contact us at the address above or by contacting us at privacy@eventbrite.com. 2. Our Privacy Statement. 2.1 Application. This Privacy Policy sets forth our policy with respect to information that can be associated with or which relates to a person and/or could be used to identify a person ("Personal Data") that is collected from Users on or through the Services. We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information. "Non-Personal Data" as used in this Privacy Policy is therefore any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data. 3-4 3. Personal Data That We Collect. When you use or interact with us through the Services, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an Organiser using our Services to run an event. This is an important distinction for purposes of certain data protection laws and is explained in more detail below. 3.1 Information Collected From All Users. Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and any other information that you choose to provide and/or that enables Users to be personally identified. Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Services ("Automatic Data"). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. You can find out more information about how we use Cookies and other similar tracking technologies in our Cookie Statement. When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you. 3.2 Information Collected From Organisers. If you are an Organiser we will collect additional Personal Data from you. Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number). Information we obtain from other sources: We may also collect or receive Personal Data including your name, email address and other contact information from third party sources, such as third party websites and marketing partners, your bank, our payment processing partners and credit reporting agencies. 3.3 Information Collected From Consumers. If you are a Consumer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of an Organiser (see Section 16 below for more information). Information you provide via Eventbrite Properties or Applications: If you register for a paid event, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Organisers can set up event registration pages to collect virtually any information from Consumers in connection with registration for an Organiser's event listed on the Services. Eventbrite does not control an Organiser's registration process nor the Personal Data that they collect. When you register for, or otherwise provide information to Eventbrite in conjunction with an Organiser event or activity, whether that information is yours or a third party’s, in connection with a purchase, registration, or transfer, that Organiser will receive and may use the information you provide. Please see Section 5.5 below, titled “How We Disclose and Transfer Your Personal Data: Organisers” for more information about an Organiser’s receipt and use of your Personal Data. Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Organisers, other Consumers, social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties. 4. How We Use Your Personal Data. We collect and use the Personal Data we collect in a manner that is consistent with this Privacy Policy, and applicable privacy laws. We may use the Personal Data as follows: 4.1 Specific Reason. If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came. 4.2 Access and Use. If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services. 4.3 Internal Business Purposes. We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business. 4.4 Eventbrite Marketing. We may use your Personal Data for our marketing and advertising purposes, including (without limitation) by email, SMS marketing, display media, and targeting other devices (such as tablets, mobile devices and televisions). We do this in order to inform you about services or events we believe might be of interest to you, develop promotional or marketing materials and display Eventbrite or event-related content and advertising on or off the Services that we believe might be of interest to you. We may also do this on behalf of an Organiser, for example where your prior interactions with an Organiser suggest you may be interested in a particular type of event. See "Opt Out from Electronic Communications" below on how to opt out of various Eventbrite marketing communications. You may see advertisements for our Services (or our Organiser’s events) on third party websites, including on social media platforms. Where you see an advertisement on a third party website or social media platform, this may be because we engaged the third party or social media platform to show this advertisement to our Users, or to others who have similar attributes to our Users. In some cases, this involves sharing your email address or other contact details with the third party or social media platform so that they can identify you as one of our Users, or identify other individuals with similar attributes to you in order to show them advertisements for our Services (or for our Organiser’s events). If you no longer want your Personal Data to be used for these purposes please contact us at privacy@eventbrite.com. For more information about how we market on, and interact with social media sites, please refer to section 5.6. 4.5 Organiser Emails. We allow Organisers to use our email tools to contact Consumers for their current and past events, so you may receive emails from our system that originate with such Organisers and that we send on their behalf. If you registered for an event on the Services, your email address is available to that Organiser. However, Organisers may also import the email addresses they have from external sources and send communications through the Services to those email addresses, and we will deliver those communications to those email addresses on the Organiser's behalf. The Organiser and not Eventbrite is responsible for sending these emails. See "Opt Out from Electronic Communications" below on how to opt out of Organiser-initiated communications. 4.6 Use of Interest-Based Data We sometimes make inferences about the type of events or activities you may be interested in. We may use these inferences to help target advertising or customise recommendations to you, including on behalf of Organisers. We may do this on an aggregated or generalized basis. For instance, we may determine that our users who attend many comedy events also often attend or show interest in endurance-related events or content. We may direct (or assist in directing) content or recommendations related to both comedy and endurance to those Users. 4.7 Other Purposes. If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use. 4.8 Aggregated Personal Data. In an ongoing effort to understand and serve our Users better, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research is typically conducted on an aggregate basis only that does not identify you. Once Personal Data is in an aggregated form, for purposes of this Privacy Policy, it becomes Non-Personal Data. 5-6 5. How We Disclose And Transfer Your Personal Data. 5.1 Background. We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth in this Privacy Policy. 5.2 Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, Personal Data may be part of the transferred assets. We may also disclose your Personal Data in the course of due diligence for such an event. You acknowledge and agree that any successor to or acquirer of Eventbrite (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy. 5.3 Parent Companies, Subsidiaries and Affiliates. We may also share your Personal Data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our parent companies, subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy. 5.4 Agents, Consultants and Service Providers. We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of Eventbrite to perform certain business-related functions. These companies include our marketing agencies, online advertising providers, data enhancement and data services providers, database service providers, backup and disaster recovery service providers, email service providers, payment processing partners, customer support, tech support, hosting companies and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions. 5.5 Organisers. In addition, when you register for an event, sign up for communications, enter a contest, or otherwise input your Personal Data (such as through a web form) to communicate with an Organiser or participate in an Organiser event, that Organiser will receive that information. For instance, if you input your name and email address into a web form for an Organiser offer, activity or event, the Organiser will receive that information. The Organiser may then send you marketing or other communications, which may be subject to its own, separate privacy policy. Likewise, if you provide your mobile phone number, you may receive information messages related to the service, event, activity or information in which you’ve expressed interest. When you purchase tickets to, register for or donate to an event, transfer an event ticket or registration to another person, enter a contest, or otherwise input your Personal Data (such as through a web form), or otherwise communicate with an Organiser, or participate in or express interest in an Organiser or Organiser event or activity, that Organiser will receive the information you provide, including your Personal Data, and where a ticket or registration is transferred, the Personal Data of the transferee as well. Other third parties that are involved in or on whose behalf an event or activity is promoted, may receive that Personal Data as well. For example, as to fundraising pages, we may provide your Personal Data both to the Organiser charity of the fundraising page and the Organiser of the event to which the fundraising page is linked. In some instances, an Organiser may appoint a third party, which may or may not be affiliated with the Organiser, to create an event or fundraising page on its behalf (we call these third parties ("Third Party Organisers"). For example, and without limitation, a concert venue (the Organiser, in this case) may allow third party promoters or production companies (the Third Party Organisers) to create events that will be hosted at the Organiser's venue using its Eventbrite account. In that case, we may provide your Personal Data to the Third Party Organisers on behalf of the Organisers. The same is true for contests and sweepstakes: we may provide your Personal Data to both the Organiser promoting the contest or sweepstakes, and any legal sponsor of the contest or sweepstakes (such as a brand sponsor). We are not responsible for the actions of these Organisers, or their Third Party Organisers (or other downstream recipients of your Personal Data), with respect to your Personal Data. It is important that you review the applicable policies of the Organisers, and if applicable and available, their appointed Third Party Organisers, of an event (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that event or related fundraising page. Similarly, if you are a member of an Organiser's organisation within Eventbrite, your Personal Data will be available to the Organiser and shared with those Third Party Organisers granted permission by the Organiser to view all members of the Organiser's organisation. 5.6 Facebook, Social Media and Other Third Party Connections. a. Connecting Your Eventbrite Account to Social Media Services. You can connect your Eventbrite account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in, or attending, with certain groups of people like your Facebook friends. b. “Liking” or “Following” Eventbrite on Social Media. In addition, when you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites (to the extent we provide that capability), we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We likewise may collect your information if you sign up for one of our promotions or submit information to us through social media sites. c. Facebook Plug-Ins and Links on Our Pages. Eventbrite’s own website may contain links to Facebook as well, such as through the Facebook “Like” or “Share” button or other social plug-ins. When you interact with these features and links, your browser will establish a direct link with the Facebook servers, and Facebook will receive information about your browser and activity, and may link it to your Facebook user account. For more information about how Facebook uses data, please see Facebook’s own policies. d. Additional Facebook Marketing and Connectivity. In addition, if you are a member of Facebook (or another social media platform), and you provide Personal Data to an Organiser (such as in the ways described in Section 5.5), the Organiser may use that Personal Data to send you advertising and offers through Facebook (or another social media) platform, including when you are on Facebook or another social media platform. The Organiser may work with us and with third parties to enable this data integration and advertising. Facebook and other social media platforms may provide a way to opt out of this type of advertising. Please review their user settings and support pages to learn more about how they help you to manage privacy and marketing choices. e. Third party services and integrations. Eventbrite may provide you with opportunities to contract directly with third parties, and/or to integrate with third party services or applications, through our platform. In such instances, we will disclose your Personal Data to other entities in order to fulfill a request by you, or to provide services you have requested. 5.7 Legal Requirements. We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability. 6. How We Store Your Personal Data. We may store Personal Data itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect the Personal Data collected via the Services from loss, misuse, unauthorised use, access, inadvertent disclosure, alteration and destruction. However, no network, server, database or Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data. 7-8 7. How You Can Access, Update, Correct or Delete Your Personal Data. You can access or delete your Personal Data stored by us. If you are a registered User, you can do this by logging in and visiting the Account Settings page to download a copy of your Personal Data in machine readable form and/or delete your Personal Data. You can also edit some of your Personal Data directly through your account. In certain cases, you can ask us to correct and update any inaccurate Personal Data using the contact information below, and we will consider your request in accordance with applicable laws. If a Consumer initiates a data deletion request, Eventbrite is authorised to delete or anonymize Personal Data of the requesting Consumer from the Services even if that means removing its availability to the Organiser through the Services. However, if you are a Consumer, you understand that even if Eventbrite deletes or anonymizes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Organiser's own databases if transmitted to the Organiser prior to Eventbrite receiving or taking action on any deletion or anonymization activity. Unregistered Users may also access, update, correct or delete Personal Data and exercise these rights using the contact information below. We will consider and respond to all requests in accordance with applicable law. 8. How Long We Retain Your Personal Data. We may retain your Personal Data as long as you are registered to use the Services. You may delete your account by visiting the Account Settings page. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes. 9-10 9. Cookies, Pixels Tags, Local Shared Objects, Web Storage And Similar Technologies. Please refer to our Cookie Statement for more information about our use of cookies and other similar tracking technologies. 10. Your Choices. You have several choices available when it comes to your Personal Data: 10.1 Limit the Personal Data You Provide. You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to buy tickets as a Consumer, your name and email address will be required by the Organiser. 10.2 Opt Out from Electronic Communications. (a) Eventbrite Marketing Communications. Where it is in accordance with your marketing preferences, Eventbrite may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can also "opt out" of receiving these electronic communications by clicking on the "Unsubscribe" link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by logging in (or signing up and then logging in), clicking on "Account" and then "Email Preferences." (b) Organiser-initiated Communications. Organisers may use our email tools to send electronic communications to those on their email subscription lists, including Consumers who have registered for their events on the Services in the past. Although these electronic communications are sent through our system, Eventbrite does not determine the content or the recipients of these electronic communications. Organisers are required to use our email tools only in accordance with all applicable laws. Eventbrite provides an "Unsubscribe" link on each of these emails, which allows recipients to "opt out" of electronic communications from the particular Organiser. (c) Social Notifications. If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration. (d) Transactional or Responsive Communications. Certain electronic communications from Eventbrite are responsive to your requests. For instance, if you are a Consumer, we must email you your ticket or registration on behalf of the Organiser when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these transactional or responsive emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system, you will no longer receive any updates on events you have created (including payout issues) or on events you are registered to attend (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an event, are not currently organising an event, and will have no need to receive further communications from us or through our system. (e) Retention. It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Organisers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to do so. 10.3 Do Not Track. We currently do not participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data. 11-12 11. Exclusions. 11.1 Personal Data Provided to Others. This Privacy Policy does not apply to any Personal Data that you provide to another User or visitor through the Services or through any other means, including to Organisers on event pages or information posted by you to any public areas of the Services. 11.2 Third Party Links. This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies. 12. Children - Children's Online Privacy Protection Act. We do not knowingly collect Personal Data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us and we will endeavor to delete that information from our databases. 13-14 13. International Privacy Laws. If you are visiting the Services from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy. 14. Changes To This Privacy Policy. The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, "Modifications"). Modifications to this Privacy Policy will be posted to the Site with a change to the "Updated" date at the top of this Privacy Policy. In certain circumstances Eventbrite may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services. 15-16 15. Dispute Resolution. If you have a complaint about Eventbrite's privacy practises you should write to us at: Eventbrite, Inc., Attn: Privacy Officer, 155 5th Street, Floor 7, San Francisco, CA 94103, USA, or by email. We will take reasonable steps to work with you to attempt to resolve your complaint. Residents of the EEA, Switzerland or the UK who believe that their information has not been processed in compliance with the Privacy Shield Principles may raise their complaints in a number of ways. For further information, please see our Privacy Shield Notice. 16. EEA, SWITZERLAND AND UK ONLY The EU General Data Protection Regulation (GDPR) In May 2018, a new data privacy law known as the EU General Data Protection Regulation (or the "GDPR") went into effect. The GDPR requires Eventbrite and Organisers using the Service to provide Users with more information about the processing of their Personal Data. Here is what you need to know: Legal grounds for processing your Personal Data The GDPR requires us to tell you about the legal ground we're relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in Section 4 above will typically be because: • you provided your consent; • it is necessary for our contractual relationship; • the processing is necessary for us to comply with our legal or regulatory obligations; and/or • the processing is in our legitimate interest as an event organising and ticketing platform (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.). Transfers of Personal Data As Eventbrite is a global company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe. Whenever we transfer Personal Data outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data. For Personal Data we receive from the EEA, Switzerland and the UK, Eventbrite, Inc has certified its compliance to the EU-U.S. and Swiss-U.S. Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from those countries. We have certified that we adhere to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity & Purpose Limitation, Access and Recourse, Enforcement & Liability when processing Personal Data from the EEA, Switzerland or the UK in the United States. You can find out more about our commitment to the EU-U.S. and Swiss-U.S. Privacy Shield Framework in our Privacy Shield Notice. Feel free to contact us as set forth in Section 15 for more information about the safeguards we have put in place to protect your Personal Data and privacy rights in these circumstances. Personal Data retention We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. If you have an account with us, we will typically retain your Personal Data for a period of ninety (90) days after you have requested that your account is closed or if it's been inactive for seven (7) years. Your rights. Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications. For the most part, you can exercise these rights by logging in and visiting the My Account page or changing the "cookie settings" in your browser (see our Cookie Statement for more information). If you can't find what you're looking for in the My Account page, please contact us using the contact information set out in Section 15 above. Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation. If you have a complaint about how we handle your Personal Data, please get in touch with us as set forth in Section 15 to explain. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority. Eventbrite as a data controller and a data processor EU data protection law makes a distinction between organisations that process Personal Data for their own purposes (known as "data controllers") and organisations that process personal data on behalf of other organisations (known as "data processors"). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data. Eventbrite may act as either a data controller or a data processor in respect of your Personal Data, depending on the circumstances. For example, if you create an account with us to organise your events, Eventbrite will be a data controller in respect of the Personal Data that you provide as part of your account. We will also be a data controller of the Personal Data that we have obtained about the use of the Applications or Eventbrite Properties, which could relate to Organisers or Consumers. We use this to conduct research and analysis to help better understand and serve Users of the Services as well as to improve our platform and provide you with more targeted recommendations about events we think may be of interest to you. However, if you register for an event as a Consumer, we will process your Personal Data to help administer that event on behalf of the Organiser (for example, sending confirmation, promotional and feedback emails, processing payments, etc.) and to help the Organiser target, and understand the success of, their event and event planning (for example, providing event reports, using analytics to gain insights into the effectiveness of various sales channels, etc.). In these circumstances, Eventbrite merely provides the tools for Organisers; Eventbrite does not decide what Personal Data to request on registration forms, nor is it responsible for the continued accuracy any Personal Data provided. Any questions that you may have relating to your Personal Data and your rights under data protection law should therefore be directed to the Organiser as the data controller, not to Eventbrite. 17-18 17. CALIFORNIA RESIDENTS ONLY. If you are a California resident, we provide additional information about our information practises and you may have certain rights with respect to your information. For more information, please see the State-Specific Supplemental Privacy Notices here. 18. NEVADA RESIDENTS ONLY. If you are a Nevada resident, you may have certain rights with respect to your information. For more information, please see the State-Specific Supplemental Privacy Notices here. BitTorrent End User License Agreement(EULA) By accepting this agreement or by installing BitTorrent or μTorrent or other software offered by or on behalf of BitTorrent, Inc. (the "Software") or by clicking "Install" or similar language, you agree to the following terms, notwithstanding anything to the contrary in this agreement. The Software is a peer-to-peer file distribution application distributed by BitTorrent, Inc. 1. 1. License
Subject to your compliance with these terms and conditions, BitTorrent, Inc. grants you a royalty-free, non-exclusive, non-transferable license to use the Software, solely for your personal, non-commercial purposes. BitTorrent, Inc. reserves all rights in the Software not expressly granted to you here.
 2. 2. Restrictions
The source code, design, and structure of the Software are trade secrets. You will not disassemble, decompile, or reverse engineer it, in whole or in part, except to the extent expressly permitted by law, or distribute it. You will not use the Software for illegal purposes. You will comply with all export laws. The Software is licensed, not sold.
 3. 3. The BitTorrent Technologies 1. 3.1. Downloading and Updates
The Software downloads only those files that are both authorized by you for download (specifically or by category or subscription), except that the Software automatically updates itself.
 2. 3.2. Automatic Uploading
The Software accelerates downloads by enabling your computer to grab pieces of files from other BitTorrent users simultaneously. Your use of the Software to download files will, in turn, enable other users to download pieces of those files from you, thereby maximizing download speeds for all users. In the Software, only files that you are explicitly downloading or sharing or have downloaded or shared through BitTorrent will be made available to others. You consent to other users' use of your network connection to download portions of such files from you. At any time, you may uninstall the Software through the Add/Remove Programs control panel utility. In addition, for the BitTorrent or μTorrent software, you can control the Software in multiple ways through its user interface without affecting any files you have already downloaded.
 4. 4. Disclaimer of Warranty
BitTorrent, Inc. disclaims any responsibility for harm resulting from the Software or any software or content downloaded using the Software, whether or not BitTorrent, Inc. approved such software or content. BitTorrent, Inc. approval does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content. BitTorrent, Inc expressly disclaims all warranties and conditions, express or implied, including any implied warranties and conditions of merchantability, fitness for a particular purpose, and noninfringement, and any warranties and conditions arising out of course of dealing or usage of trade regarding the Software or any software or content you download using the Software. No advice or information, whether oral or written, obtained from BitTorrent, Inc or elsewhere will create any warranty or condition not expressly stated in this agreement. Some jurisdictions do not allow certain limitations on implied warranties, so the above limitation may not apply to you to its full extent.
 5. 5. Limitation of Liability
BitTorrent, Inc's total liability to you from all causes of action and under all theories of liability will be limited to $50.00. In no event and under no theory of liability will BitTorrent, Inc be liable to you for any special, incidental, exemplary, or consequential damages arising out of or in connection with this agreement or the software whether or not BitTorrent, Inc has been advised of the possibility of such damages. The foregoing limitations will survive even if any limited remedy specified is found to have failed of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to its full extent.
 6. 6. U.S. Government Users
The Software is "commercial computer software" any use of which by or on behalf of the U.S. Government is subject to the restrictions herein. Manufactured by BitTorrent, Inc.
 7. 7. General
These BitTorrent, Inc. terms will be governed by and construed in accordance with the laws of California, USA, without regard to conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. The failure by either party to enforce any provision will not constitute a waiver. Any waiver, modification, or amendment of the BitTorrent, Inc. terms will be effective only if signed. If any provision is held to be unenforceable, it will be enforced to the maximum extent possible and will not diminish other provisions. BitTorrent, Inc. may make changes to these terms from time to time. When these changes are made, BitTorrent, Inc. will make a new copy of the terms available at www.bittorrent.com/legal/eula. You understand and agree that if you use the Software after the date on which the terms have changed, BitTorrent, Inc. will treat your use as acceptance of the updated terms. You agree that BitTorrent, Inc. may provide you with notices, including those regarding changes to the terms, by postings on www.bittorrent.com/legal/eula. This and the Terms of Use at www.bittorrent.com/legal/terms-of-use are BitTorrent, Inc.'s complete and exclusive understanding with you regarding your use of the Software as an end user.
 8. 8. Contact
If you have any questions, contact us at legal@bittorrent.com.
 MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT VISUAL STUDIO CODE These license terms are an agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates). They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. INSTALLATION AND USE RIGHTS. General. You may use any number of copies of the software to develop and test your applications, including deployment within your internal corporate network. Demo use. The uses permitted above include use of the software in demonstrating your applications. Third Party Components. The software may include third party components with separate legal notices or governed by other agreements, as may be described in the ThirdPartyNotices file accompanying the software. Extensions. The software gives you the option to download other Microsoft and third party software packages from our extension marketplace or package managers. Those packages are under their own licenses, and not this agreement. Microsoft does not distribute, license or provide any warranties for any of the third party packages. By accessing or using our extension marketplace, you agree to the extension marketplace terms located at https://aka.ms/vsmarketplace-ToU. DATA. Data Collection. The software may collect information about you and your use of the software, and send that to Microsoft. Microsoft may use this information to provide services and improve our products and services. You may opt-out of many of these scenarios, but not all, as described in the product documentation located at https://code.visualstudio.com/docs/supporting/faq#_how-to-disable-telemetry-reporting. 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The software may periodically check for updates and download and install them for you. You may obtain updates only from Microsoft or authorized sources. Microsoft may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices. If you do not want automatic updates, you may turn them off by following the instructions in the documentation at https://go.microsoft.com/fwlink/?LinkID=616397. FEEDBACK. If you give feedback about the software to Microsoft, you give to Microsoft, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Microsoft to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement. SCOPE OF LICENSE. 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You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end-users, and end use. For further information on export restrictions, see https://www.microsoft.com/exporting. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with Microsoft, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you: Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software. Germany and Austria. Warranty. The properly licensed software will perform substantially as described in any Microsoft materials that accompany the software. However, Microsoft gives no contractual guarantee in relation to the licensed software. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Microsoft is liable according to the statutory law. Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages. Weights and Biases Terms of Service 1. Terms By accessing the website at app.wandb.ai, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. 2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on Weights & Biases' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: 1. modify or copy the materials; 2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); 3. attempt to decompile or reverse engineer any software contained on Weights & Biases' website; 4. remove any copyright or other proprietary notations from the materials; or 5. transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Weights & Biases at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 3. Disclaimer 1. The materials on Weights & Biases' website are provided on an 'as is' basis. Weights & Biases makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 2. Further, Weights & Biases does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site. 4. Limitations In no event shall Weights & Biases or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Weights & Biases' website, even if Weights & Biases or a Weights & Biases authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. 5. Accuracy of Materials The materials appearing on Weights & Biases' website could include technical, typographical, or photographic errors. Weights & Biases does not warrant that any of the materials on its website are accurate, complete or current. Weights & Biases may make changes to the materials contained on its website at any time without notice. However Weights & Biases does not make any commitment to update the materials. 6. Links Weights & Biases has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Weights & Biases of the site. Use of any such linked website is at the user's own risk. 7. Modifications Weights & Biases may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service. 8. Governing Law These terms and conditions are governed by and construed in accordance with the laws of CA and you irrevocably submit to the exclusive jurisdiction of the courts in that state or location. National Police Check Privacy Notice Australia Post collects, uses and shares the applicant's personal information in order to fulfil the Australia Post National Police Check Service application and to facilitate operational support. Without the applicant's personal information, Australia Post would be unable to provide this service. The applicant's personal information will be disclosed to: * the Australian Criminal Intelligence Commission in order to conduct a nationally coordinated criminal history check (Police Check) * document issuers or official record holders via third party systems including: * Vix Verify (a private identity verification service provider) * The Department of Home Affairs (in order to obtain a Visa Entitlement Verification Online check, if requested) * The applicant’s employer / the organisation requesting the Police Check; and * Certain third parties contracted to assist in the administration and delivery of this service, including parties located in Japan or the United States The applicant's personal information is handled in accordance with the Australia Post Group Privacy Policy, which outlines how to access and/or correct the applicant's personal information or make a privacy related complaint. For more information please visit auspost.com.au/privacy Aspects of the Verification Services that form part of Australia Post's National Police Check Service may be facilitated through Australia Post's Digital iD™ Service. For more information about how the applicant's information is handled by Digital iD™, please see Digital iD™'s privacy notice at digitalid.com/privacy Applicant's consent to submit a nationally coordinated criminal history check I, Henry Adam Couchman Howard, 1. acknowledge that I understand the information on this application form and: 1. I am the individual named in the documents; or 2. where the applicant is under 18 years of age, I warrant that I am the parent of the individual named in the documents, 2. and have authority to provide the information in them for the purpose of an identity check and to obtain a nationally coordinated criminal history check; 3. acknowledge that the Australian Post Corporation (Australia Post) is collecting information in this application form to provide to the Australian Criminal Intelligence Commission (ACIC) and police agencies, for a nationally coordinated criminal history check to be conducted for the purpose outlined in the 'Purpose of police check' section of this application form; 4. have fully and accurately completed this application form and the personal information I / the applicant, have provided relates to me / the applicant, and contains the full name and all names previously used by me / the applicant; 5. acknowledge that withholding and / or providing misleading or false information on this application form and in any supplied identity documents is a Commonwealth offence and may lead to prosecution under the Criminal Code Act 1995 (Cth); 6. acknowledge that personal information that I / the applicant, provided on this application form and on the supplied identity documents may be disclosed to Australia Post (and its related parties), the contractors, my employer/ the organisation requesting the Police Check, third parties named in Schedule A of this application form in Australia or overseas; 7. acknowledge that I / the applicant, need to verify my / the applicant's identity as part of a nationally coordinated criminal history check, and consent to Australia Post and its suppliers collecting and using my / the applicant's, Personal Details to confirm my / the applicant's, identity with the document issuer; 8. acknowledge that any information sent by mail or electronically, in relation to this application form, including identity documents, is sent at my / the applicant's, risk and I / the applicant, am aware of the consequences of sending information in these ways; 9. acknowledge that I / the applicant, am aware that I / the applicant, am providing consent for a nationally coordinated criminal history check to be conducted using all personal information provided in this application form and provided in supplied identity documents; 10. understand and consent to police information relating to me / the applicant, being disclosed in accordance with the purpose identified in the 'Purpose of police check' section of this application form, and applicable legislation and information release policies (including spent convictions legislation described in Australian Government and state or territory legislation); 11. give consent to: 1. the ACIC and police agencies using and disclosing my / the applicant's, personal information that I / the applicant, have provided in this application form and personal information contained in the applicant's supplied identity documents to conduct a nationally coordinated criminal history check; 2. the ACIC disclosing the police information sourced from the police agencies to other approved bodies and Australia Post as the accredited body; and 3. Australia Post, as the accredited body, disclosing to third parties, including my employer / the organisation requesting the Police Check, and any permitted offshore transfer arrangements (as detailed in Schedule A of this application) my / the applicant’s, personal information, visa verification check (if applicable) obtained through the Visa Entitlement Verification Online service and police information to assess my / the applicant’s, suitability for the purpose identified in the ‘Purpose of police check’ section of this application form. 12. acknowledge that it is usual practice for my / the applicant's, personal information and police information to be used by police agencies and the ACIC for law enforcement, including purposes set out in the Australian Crime Commission Act 2002 (Cth). Australia Post National Police Check Terms and Conditions Important Note: Australia Post’s National Police Check Service is not a Working With Children Check. For a Working with Children Check, please contact the appropriate Working With Children Check unit in your state / territory or your local police agency. The National Police Check Service offered by the Australian Postal Corporation (Australia Post) enables You to purchase a Nationally Coordinated Criminal History Check (NCCHC). These terms and conditions apply to the provision and use of the National Police Check Service. Please read these terms and conditions carefully. If you do not agree to these terms and conditions, please do not submit an Application to use the National Police Check Service to apply for a NCCHC.
 In these terms and conditions, unless the context requires otherwise: Agreement means the agreement between Australia Post and You that is formed when You submit an Application and You are presented with an electronic request to accept these Terms and Conditions and You select ‘Submit & Continue’. Applicant means a natural person who is applying to access the National Police Check Service to purchase a NCCHC through Australia Post. Application means Your application to access the National Police Check Service and includes for the avoidance of doubt, the NCCHC Application and the NCCHC Exceptional Circumstances Application (as the case may be). Australian Criminal Intelligence Commission or ACIC means the Commonwealth of Australia represented by ACIC, which is responsible for administering the provision of the NCCHC.
Exceptional Circumstances means those circumstances described in the NCCHC Exceptional Circumstances Application that affect You and which result in Your inability to provide the minimum proof of identity documents required in the NCCHC Application. Exceptional Circumstances means those circumstances described in the NCCHC Exceptional Circumstances Application that affect You and which result in Your inability to provide the minimum proof of identity documents required in the NCCHC Application.
 GST has the same meaning as defined in section 195 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). National Police Check Service means the service provided by Australia Post, including the Verification Service, which enables You to purchase and receive a NCCHC. Nationally Coordinated Criminal History Check, or NCCHC, means the performance of a Nationally Coordinated Criminal History Check by ACIC, commonly called a police check, to produce a certificate that shows police information including any disclosable court outcomes and pending charges relating to the Applicant in Australia. NCCHC Application means the application in Your name to access the National Police Check Service to purchase a NCCHC. NCCHC Exceptional Circumstances Application means the application in Your name to access the National Police Check Service to purchase a NCCHC when, due to Exceptional Circumstances, You are unable to provide the minimum proof of identity documents required in the NCCHC Application. Parent means an Applicant’s biological parent or legal guardian. Spent Convictions means convictions that are not required to be disclosed in certain circumstances due to the operation of spent convictions legislation, which may include convictions for less serious offences for which the waiting period has ended, where a pardon for an offence is granted or where the conviction is quashed.
 Standard NCCHC means a NCCHC performed in relation to an Applicant that is not a Volunteer NCCHC. Store My Details for Reuse Service means the retention, by Australia Post, of the Personal Information You have provided to Australia Post as part of the National Police Check Service to enable future NCCHC’s to be obtained, as detailed in Schedule 1. Verification Service means the performance of an identity check by Australia Post for You as a part of the National Police Check Service. Volunteer means a person who: (a) freely holds a position or performs a role on a voluntary basis; or (b) is not an employee or contractor and will not be entitled to a salary or any other entitlements associated with the position or role, other than payment of out of pocket expenses; or (c) is a student undertaking a compulsory vocational placement as a requirement of an Australian-based academic institution or training course. Volunteer NCCHC means a NCCHC performed in relation to an Applicant who is a Volunteer. You and Your means an Applicant, and/or a Parent of an Applicant, for the National Police Check Service who enters into an Agreement with Australia Post for the National Police Check Service.
 The following conditions apply to Your use of the National Police Check Service: (a) The Verification Service is provided to You by Australia Post. You must provide Australia Post with the minimum proof of identity documents described in the NCCHC Application. (b) Where You cannot comply with the requirements of paragraph 2(a) due to Exceptional Circumstances that affect You, You must meet the minimum requirements described in the NCCHC Exceptional Circumstances Application. (c) Where the Verification Service is supplied wholly online, information that You supply in the course of using the Verification Service will be used by Australia Post to be matched against official records held by government authorities and results will be provided to us via a third-party system. (d) The NCCHC is provided by Australia Post, an ACIC-accredited organisation. Australia Post relies on the information provided to it from ACIC to supply the NCCHC. (e) Where an Applicant is under 18 years of age, the Applicant’s Parent must: (i) submit an Application on behalf of the Applicant; (ii) give their informed consent to the Application; (iii) warrant they are the Parent of the Applicant; and (iv) attend in person, with the Applicant, at a participating Post Office to complete the application process, which will include Australia Post verification of the Parent’s identity via presentation of the Parent’s own proof of identity document (unless Exceptional Circumstances apply, in which case please refer to the requirements described in the NCCHC Exceptional Circumstances Application). (f) Applications submitted on behalf of an Applicant who is under 10 years of age will not be accepted. (g) Unless You are the Parent of an Applicant who is under the age of 18, and You are submitting an Application on behalf of that Applicant (in accordance with clause 2(e) of these terms and conditions), You must not submit an Application on behalf of another person. (h) Australia Post is accredited to provide Standard NCCHCs and Volunteer NCCHCs. You must not apply for a Volunteer NCCHC unless you are a Volunteer. (i) Australia Post is not responsible for, and cannot change, modify or adapt the police information provided in a NCCHC. (j) You must supply full and accurate information whenever requested to do so in the course of applying for a NCCHC and using the National Police Check Service and/or the Store My Details for Reuse Service. (k) Australia Post cannot expedite the NCCHC process. Your Application may require manual processing by a police agency which may cause a significant delay in the time taken to receive your NCCHC result, in some cases in excess of 15 business days. (l) Spent Convictions may appear on the NCCHC if You apply for certain categories of NCCHC for which exclusions in the relevant Spent Convictions legislation applies. (m) You acknowledge and consent to Australia Post, as an ACIC-accredited body, disclosing Your NCCHC to Your employer/the organisation requesting the NCCHC (where applicable). (n) You acknowledge and understand that withholding, or providing misleading or false, details is a Commonwealth offence which may lead to prosecution in accordance with the Criminal Code Act 1995 (Cth).
 A NCCHC is provided subject to the following: (a) A NCCHC provides a point in time check about the Applicant for an authorised NCCHC category and purpose. Information obtained through this check should not be used for any other purpose. (b) The accuracy and quality of information provided in an NCCHC depends on accurate identification of the Applicant which is based on information (including aliases) about the Applicant provided in the Application and the comprehensiveness of police records. (c) You acknowledge and agree that Australia Post makes the NCCHC available on the following conditions: (i) Australia Post makes no representation or warranty of any kind in respect of the accuracy or otherwise of the NCCHC; and (ii) Australia Post does not accept responsibility or liability for any omission or error in the information provided in the NCCHC. (d) While every care has been taken by ACIC to conduct a search of police history information held by it and Australian police agencies that relate to the Applicant, a NCCHC may not include all police history information about the Applicant. Reasons for certain information being excluded from the NCCHC include the operation of laws that prevent disclosure of certain police history information, or that the Applicant’s record is not identified by the search process across historical police information held by Australian police agencies. (e) The NCCHC is a point-in-time check and should not be relied upon for an unreasonable amount of time. (f) You will be notified of the result of Your NCCHC and You will be provided with a reasonable opportunity to respond to, or validate, the information in, and the result of, the NCCHC. (g) To the extent permitted by law, neither ACIC nor Australian police agencies accept responsibility or liability for any error or omission in the information contained in the NCCHC. (h) The information in a NCCHC has been obtained according to the following process: (i) ACIC searching its data holdings for potential matches with the name(s) of an Applicant; (ii) ACIC and the relevant Australian police agencies compare name matches of an Applicant with police information held in Australian police records; (iii) The relevant Australian police agency identifies any police history information held in its police records in relation to an Applicant and releases the information to ACIC subject to relevant spent convictions legislation or information release policies; and (iv) ACIC provides the resulting police information of an Applicant to Australia Post. (i) Subject to paragraph 3(j), Australia Post may give any communication or document, including the results of the NCCHC, to You in writing by: (i) emailing the communication or document to the email address nominated by You in your Application; or (ii) making the communication or document available through any online portal or system Australia Post makes available to You for the purposes of this Agreement. (j) Where Australia Post provides You with access to an online portal or system for the purposes of this Agreement, You must: (i) ensure that You have and maintain the equipment (including any systems and programs) and expertise necessary to properly use the online portal or system; (ii) comply with the terms of use applicable to any such portal or system from time to time; (iii) not do, or fail to do, anything which would reasonably be expected to compromise the security or integrity of any such portal or system; and (iv) use any such portal or system only for the purpose of receiving or accessing communications or documents (including the results of the NCCHC) from Australia Post. (k) Communications and documents in relation to your Application made available to You via an electronic channel will be taken to have been provided by Australia Post: (i) when sent (in the case of email); or (ii) when made accessible to You (in the case of any other electronic channel, including an online portal or system). (l) Results of the NCCHC made available to You via an electronic channel will remain accessible to You via that electronic channel for a period of 12 months from the date it was made available by Australia Post. (m) If You request a hard copy of the results of the NCCHC, You will receive the hard copy purchased by Registered Post to the address nominated by You.
  4.1 Disputing information in NCCHC when the Applicant is 18 years of age or older (a) If Your employer/ organisation has requested and arranged for You to undertake a NCCHC and You wish to dispute the information in, or the result of, Your NCCHC, You should direct that dispute to Your employer/ the organisation in the first instance. If Your employer/the organisation subsequently directs Your dispute to Australia Post, You must complete the dispute form (PDF 73kB) and follow the dispute process. You may be required to provide Your fingerprints in order to progress Your dispute. (b) If You have arranged to undertake a NCCHC other than as is contemplated by paragraph 4.1(a) and You wish to dispute the information in, or the result of, the NCCHC, You should direct that dispute to Australia Post. You must complete the dispute form (PDF 73kB) and follow the dispute process. You may be required to provide Your fingerprints in order to progress Your dispute. 4.2 Disputing information in NCCHC when the Applicant is under 18 years of age Both an Applicant and the Applicant’s Parent (being the Parent who provided their informed consent to the Applicant’s Application) may dispute the information in, or the result of, the Applicant’s NCCHC. To do so, the Applicant and his/her Parent must complete the dispute form (PDF 73kB) and follow the dispute process. The Applicant may be required to provide their fingerprints in order to progress the dispute.

 (a) Unless Your employer/ organisation that has requested and arranged for You to undertake a NCCHC has agreed to pay the fees for Your NCCHC on Your behalf, You must pay Australia Post the relevant fee set-out in the Application. (b) Fees for the National Police Check Service may be varied at any time at Australia Post's discretion. (c) Fees are GST inclusive where GST is applicable. (d) If the NCCHC has been initiated with ACIC, You will not be entitled to a refund for the reason that You provided inaccurate or insufficient information.
 (a) Except to the extent expressly provided in clause 6(b), Australia Post will not be liable to You or any person for any loss or damage whatsoever suffered, or that may be suffered (including but not limited to direct and indirect or consequential loss) as a result of any act or omission, whether negligent or otherwise, by or on behalf of Australia Post in relation to the provision of the National Police Check Service and the Store My Details for Reuse Service or any other matter or thing relating to this Agreement, except to the extent of fraud or wilful misconduct by Australia Post. (b) Australia Post disclaims all conditions and warranties, express or implied, other than those contained in this Agreement, in respect of the provision of the National Police Check Service and the Store My Details for Reuse Service. If any condition or warranty is implied into this Agreement pursuant to any legislation (including without limitation the Competition and Consumer Act 2010 (Cth)) and the legislation avoids or prohibits provisions in a contract excluding or modifying the application, or exercise of, or liability under such condition or warranty, the condition or warranty will be deemed to be included in this Agreement, provided that, where it is fair and reasonable to do so, Australia Post's liability for breach of the condition or warranty shall, if the legislation so permits, be limited to: (i) the re-supply of the National Police Check and/or Store My Details for Reuse Services; or (ii) the cost of re-supply of the National Police Check and /or Store My Details for Reuse Services, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law. (c) You shall release and indemnify Australia Post in respect of any action, proceeding, claim, demand, prosecution, loss, claim or damage whatsoever (including legal expenses on a full indemnity basis) which Australia Post may suffer or incur in connection with Your fraud or mis-statement of fact. You are not obliged to indemnify Australia Post to the extent that the loss, claim or damage is incurred as a direct result of Australia Post’s fraud or wilful misconduct. (d) Australia Post shall not be in default under the terms of this Agreement nor liable for failure to observe or perform in accordance with any provision of this Agreement for any reason or cause which could not with reasonable diligence be controlled or prevented by it, including without limitation, war, insurrection, riot, civil commotion, strikes, lock-outs, labour or industrial disputes, acts of God, acts of Governments or flood, storm, tempest, power shortages or power failure, system outages or interruptions, inability to obtain sufficient labour, raw materials, fuel or utilities. During the period of an incident or incidents of "Force Majeure" this Agreement shall be suspended.
 (a) Australia Post may cease to offer the National Police Check and Store My Details for Reuse Services at any time. (b) Australia Post may, in its sole and absolute discretion, refuse to provide the National Police Check and Store My Details for Reuse Services and terminate this Agreement if: (i) in Australia Post's opinion, any information or instruction You have submitted in Your Application is incorrect or incomplete; or (ii) Australia Post suspects that Your request for supply of the National Police Check Service is, or could be, unlawful. (c) Australia Post may terminate this Agreement by written notice to You if You breach it. (d) A NCCHC initiated and paid for before any cessation, suspension or termination will, in Australia Post’s discretion: (i) be completed; or (ii) a refund will be provided to You; unless You are in breach of the Agreement.
 This Agreement is governed by, and shall be construed in accordance with the laws in force in the State of Victoria, Australia, and the courts and registries of courts in that State shall have jurisdiction in the event of a dispute.
 Information about privacy is available at https://auspost.com.au/privacy. If you require customer service information or assistance you should contact Australia Post on 13 7678 (Australia) or +61 3 8847 9045 (overseas).
  In the event You choose to obtain the Store My Details for Reuse Service the following additional provisions apply. 1. Definitions Access Credentials means any key, access code, PIN, password or other credential issued by Australia Post for Your use of the Australia Post Digital iD™ product and any online portal or system provided by Australia Post as detailed in clause 3(j). Personal Information has the same meaning as defined in section 6 of the Privacy Act. 2. Service Description (a) Australia Post will offer You the option of storing and reusing the Personal Information You have provided as part of Your Application for the purpose of using that information in the future to obtain additional NCCHCs. (b) Australia Post will retain Your Personal Information (including, for example, details from Your driver’s licence, passport and/or firearms licence) and photograph gained from the National Police Check Service for a period of 10 years. (c) Every time You request a new NCCHC, Australia Post will gain: (i) your informed consent to use Your Personal Information for the purpose of obtaining the NCCHC; and (ii) the authorised NCCHC purpose for obtaining the NCCHC. Information obtained through the NCCHC should not be used for any other purpose. (d) Verification of your identity will be required every ten (10) years unless one of the identity attributes changes, for example Your name or gender in which case re-verification of Your identity will need to be performed prior to submission of a new NCCHC, at which point we will also update our National Police Check Service information. 3. Applicant’s Obligations (a) In order to use the Store My Details for Reuse Service, You must download and set up the Australia Post Digital iD™ mobile app including accepting the Digital iD™ Terms and Conditions. You can download this app using a link You will receive via SMS after opting-in to the Store My Details for Reuse Service. You will also need to have a passport-style photograph taken at a participating Australia Post outlet as part of the Verification Service. (b) You must supply full, accurate and up-to-date information each and every time a new NCCHC is requested. You acknowledge and understand that withholding, providing misleading or false details is a Commonwealth offence which may lead to prosecution in accordance with the Criminal Code Act 1995 (Cth). (c) In the event You access the Australia Post Digital iD™ product for the Store My Details for Reuse Service, in addition to the obligations contained in clause 3(j) of the Agreement, You agree that You must keep Access Credentials safe and secure and immediately notify Australia Post if You believe or suspect an Access Credential has been or may have been compromised. 4. Restrictions (a) The Store My Details for Reuse Service does not store the results of the NCCHC. Digital iD™ Terms of Use Acknowledgement and acceptance of terms Access to and use of the Digital iD™ Service, whether via the Website, App or otherwise, is provided to You subject to these Terms. By accessing or using the Digital iD™ Service, You agree to be bound by these Terms. If You do not agree with or otherwise do not wish to accept these Terms (or any amendments notified pursuant to clause 1.3), do not use or access the Digital iD™ Service, access the Website, install or use the App, or register a Profile. If You are a minor, You must ask for Your parent or guardian's permission before using or accessing the Digital iD™ Service. We reserve the right to amend these Terms at any time. We will notify You of any such changes when You access the App for the first time following the change and will make the latest version available on the Website. Your continued use of the Digital iD™ Service following the posting or notification of changes will mean You accept and agree to the changes. These Terms govern: 1. Your use of the Digital iD™ Service, regardless of how You access or use the service (for example, whether by the Website or via the App); and 2. Your use of the Website. If You use the App, this will be subject to an additional End User Licence Agreement (EULA) directly with the App Provider. Digital iD™ Service The Digital iD™ Service is a secure identification product to help You verify Your identity and, if required, may include completing a visa entitlement verification check with participating Organisations that You deal with. You can currently use the Digital iD™ Service via two channels: 1. via the Website, which You can use to verify Your identity to a particular participating Organisation on a one-off basis without creating a Profile; or 2. by using the App, which requires You to register a Profile so that You can use the Digital iD™ Service to verify Your identity again to other participating Organisations or for other transactions in the future. In some circumstances, in order to provide the Digital iD™ Service to You, You may be required to attend an Australia Post outlet in person. If You cannot attend, we may not be able to provide the Digital iD™ Service to You. To use the Digital iD™ Service, You may be required to have eligible ID Documents verifying Your identity. When You provide information about eligible ID Documents to us via the Digital iD™ Service, we may use an ID Verifier to check the details against the records held by the issuing authority and confirm whether the details match. The number and type of ID Documents You need to provide may vary depending on the requirements of the relevant Organisation for the particular purpose requiring verification of Your identity. The Digital iD™ Service will prompt You to provide the ID Documents required in each case. You may also be required to validate an email address through the identity verification process. This is a check that the email address you have supplied to Us is under Your control. You must follow the instructions and directions given by us, including those provided via the Website and the App, in order to use the Digital iD™ Service. Your use of the Digital iD™ Service will be limited and/or restricted if You do not comply with such instructions. The Website and the App have different functionality and limitations as they are intended for use in different circumstances, as described in clause 2.1 above. Using the Website If You use the Website, the information You provide may be retained for a limited period to allow You to register a Profile for future use. If You do not register a Profile within the specified timeframe, this information will not be available for Your future use of the Digital iD™ Service. Information, including details of the ID Documents You submit and whether they have been successfully checked may be retained and accessed by You in accordance with clause 10. Subject to these Terms, we grant You a non-exclusive, non-transferable licence to use the Website for the sole purpose of using the Digital iD™ Service. Using the App By registering a Profile using the App, details of Your verified identity, Your email and/or visa entitlement check will be stored for Your future use. When You use the Digital iD™ Service to verify Your identity again, information stored in Your Profile can be used to streamline the process, although You may be prompted to provide information from additional ID Documents if required, for example, depending on the Organisation's requirements for a particular transaction. More details on how information will be stored is set out in clause 10. Your use of the App is subject to a separate EULA between You and the App Provider. Updates and notifications We may send You service announcements, administrative messages, notification of updated terms and conditions and other information via the Website and/or the App in connection with Your use of the Digital iD™ Service. We may from time to time introduce other services that form part of, or complement, the Digital iD™ Service. We may also modify or cease offering the Digital iD™ Service, or any part thereof, at any time without prior notice to You. We will notify You, and obtain Your consent, before providing any service that attracts a charge. Your Profile You must register a Profile in order to use the App. The first time You use the App, You will be guided through the process to register a Profile for Your use of the Digital iD™ Service. Each Profile is unique to an individual, and the App on each device can be used only to hold a single Profile. If You have multiple Devices, You may create a separate Profile on each Device. Each Profile can be used with the Digital ID™ Service to verify the identity of one individual only. For Your own security, it is recommended that You should not allow any other person to access a Profile that You have registered. A Profile is associated with the Device and mobile telephone number used to register the Profile. The App will store some data on Your Device to secure Your Profile, and this may be backed up by the operating system on Your Device. It may be possible to restore Your Profile to a Device using the backup of the App's data, subject to technical limitations, and we cannot guarantee that recovery will be successful in any given case. Your Profile may not be recoverable, for example, if Your Device becomes lost or damaged and the data from the App was not backed up, or cannot be successfully restored, or if You do not enter the correct PIN. If Your Profile cannot be recovered for any reason, You will need to create a new Profile and follow the steps to verify Your identity again. Profile Images You may be given the option to capture a photo within the App to be associated with Your Profile (Profile Image). We will only use Your Profile Image in accordance with these Terms and will not disclose it to third parties without Your consent in accordance with clause 10. In order for us to be able to use the Profile Image: 1. You grant us a perpetual, irrevocable, licence-fee free, royalty-free, worldwide, non-exclusive, sub-licensable right to use the Profile Image and any Intellectual Property in the Profile Image, in accordance with these Terms; 2. You consent to the use of the Profile Image by us or our licensees and assignees, in accordance with these Terms, which would infringe Your moral rights but for this consent. 3. You represent and warrant that You are the sole creator of the Profile Image and owner of Intellectual Property in the Profile Image, and that its use by us or our licensees and assignees in accordance with these Terms will not infringe the rights (including Intellectual Property rights) of any third party; and 4. You represent and warrant that the Profile Image is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable. Nothing in these Terms transfers ownership of any Intellectual Property rights in a Profile Image to us, and You (or Your licensors) will retain ownership of all rights (including Intellectual Property rights) in the Profile Image. You acknowledge and agree that we may remove Profile Image without notice at any time. Your conduct You represent and warrant that You will only provide true, accurate, current and complete information about Yourself as part of Your use of the Digital iD™ Service; and You will promptly update the information contained in Your Profile to keep it true, accurate, current and complete. You must not: 1. the Digital iD™ Service to use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; 2. use the Digital iD™ Service to upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as Personal Information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 3. attempt to use or access the Digital iD™ Service otherwise than through the Website, the App or other means expressly approved by Australia Post; 4. link to, frame or mirror any part of the Website without our prior written authorisation; 5. disrupt the operation of the Digital iD™ Service or any infrastructure that we or any Organisation operates; 6. breach or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Digital iD™ Service, including using any device or software; or 7. gain unauthorised access to the Digital iD™ Service; 8. make any automated use of the Digital iD™ Service; 9. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Digital iD™ Service, the Website, the App, any output from the Website or the App, any files related to the Website or the App, or any part of any of these, other than as expressly provided in these Terms, the EULA or otherwise permitted by law; 10. use the Digital iD™ Service in connection with the contravention of any local, state, national or international law, whether intentional or not; or 11. attempt to do any of the foregoing, or allow or cause a third party to do or attempt to do any of the foregoing. You represent and warrant to us that You have the capacity to accept and be bound by these Terms. Third-party software and services You may be required to use or update third-party software (such as the operating system and applicable software marketplace) on Your Device in order to obtain, install, update, access, use, or continue to access or use the Digital iD™ Service. You acknowledge and agree that: 1. we are not responsible for such third-party software or updates; 2. such third-party software (including updates) may be subject to their own terms and conditions, which we strongly recommend You review prior using the third-party software or to implementing the third-party update; and 3. if You are unable or unwilling to obtain or install such third-party software or updates, You may be unable to obtain, install, update, access, use, or continue to access or use the Digital iD™ Service. Access to the Digital iD™ Service, or parts thereof, may require Your Device to be connected to the internet or require other third-party services. Your use of third-party services may be subject to fees and separate terms and conditions. You acknowledge that we are not liable for the activities of any such third parties. You are responsible for ensuring that Your installation and use of the App and/or the Website does not cause You to exceed any data usage quotas or other limitations that may apply to Your internet service or other services acquired from third parties. The Website may contain links to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. Such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them. Your use of any third party-content or services may be subject to separate terms and conditions. Security The Digital iD™ Service may use a variety of security measures to protect Your Profile and the information from ID Documents You provide, including access codes. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted using the Digital iD Service. Nevertheless, once we receive transmissions from You, we will take reasonable steps to preserve the security of such information. You must ensure Your security credentials remain secure. You must not share Your security credentials (such as an access code) with any other person, or allow any other person to impersonate You. Whilst we may implement multi-factor authentication, it does not guarantee against unauthorised use of Your Profile. You are solely responsible for any use of the Digital iD™ Service using Your security credentials, whether or not such use has been authorised by You. You must take Your own precautions to ensure that the process You employ for accessing the Digital iD™ Service does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the Digital iD™ Service. You must notify us immediately by sending an email to help@digitalid.com if: 1. You no longer have access to the telephone number linked to Your Profile (eg if Your telephone number changes); or 2. You suspect or have reason to believe there has been or might be any unauthorised or fraudulent use of Your Profile or any other breach of security. You acknowledge that a failure to comply with these requirements may affect Your use of the Digital iD™ Service and may compromise the security and integrity of Your Profile. Term, termination and suspension Term These Terms are in force until terminated in accordance with this clause 8. The licences granted to You under these Terms are granted for the duration of these Terms. Termination or suspension by us We may immediately terminate these Terms and/or Your Profile, suspend Your Profile and/or Your access to the Digital iD™ Service, and refuse future use of the Digital iD™ Service, at our discretion, if we form a reasonable belief that You are in breach of these Terms or threaten to breach any part of these Terms, or if: 1. You do not provide information required for Your use of the Digital iD™ Service; 2. You provide information that is false, inaccurate, misleading, incomplete or not current; 3. You have engaged in any fraudulent behaviour or misconduct; 4. Your Profile has been compromised; or 5. we have reasonable grounds to suspect any of (a)–(d) above. If we notify You of such termination: 1. You must immediately delete the App from all Devices in Your possession or control, or we may remotely disable or delete the App from them; 2. You must not access any other user Profile or register another Profile, or attempt to do so; and 3. You must not use the Digital iD™ Service again. We may suspend or terminate the Digital iD™ Service or access to it, at our discretion, if we deem it necessary or prudent to do so: 1. in order to preserve the integrity and security of the Digital iD™ Service, the data collected from it, or any of our or an Organisation's equipment or systems; 2. for legal reasons, including any change in the law; 3. due to circumstances beyond our (or the App Provider's or any of our sub-contractors') reasonable control, including disruption to network connections or equipment, loss of ID Verifier services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or 4. in order to perform support or maintenance of any infrastructure, systems or software used by us, the App Provider or sub-contractors to provide the Digital iD™ Service. We may suspend or terminate an element of the Digital iD™ Service if our access to any element of Digital iD™ Service that is provided by a third party provider is suspended or terminated. If we terminate or suspend the Digital iD™ Service, Your Profile or these Terms, You may not be able to use the Website or the App at all, or such use may be restricted, or You may not be able to access Your Profile. Termination by You You are under no obligation to continue using the Digital iD™ Services. If You no longer wish to use the Digital iD™ Services, You may uninstall the App from all Devices linked to Your Profile, and decline any offer to use the Website if such an offer is made by a participating Organisation. No limitation of other rights Termination pursuant to this clause 8 will not affect any rights or remedies which either or us may have otherwise under this document or at law. Nothing in this clause limits any right we may have pursuant to this document to modify the Digital iD™ Service, including by removing any features or to modify or cease offering the Digital iD™ Service or any part thereof. Warranty and liability You acknowledge and agree that: 1. the Digital iD™ Service and the Website are provided on an 'as is' and ‘as available’ basis; 2. unless otherwise specified in these Terms or agreed pursuant to a separate written agreement between You and us, we will not be obliged to provide support for the Digital iD™ Service or Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of the Digital iD™ Service; 3. the Digital iD™ Service and Website cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms; and 4. You use the Digital iD™ Service and Website at Your own risk. Except as expressly provided to the contrary in these Terms, including clause 3, and to the full extent permitted by applicable law, we will not be liable to You for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from: 1. the supply of a defective Digital iD™ Service; 2. a failure to provide the Digital iD™ Service or any part thereof; 3. errors or interruptions occurring in the course of using, or as part of, the Digital iD™ Service or Website; 4. corruptions to or loss of data in connection with the Digital iD™ Service; 5. any suspension or discontinuance of the Digital iD™ Service or Website; 6. any use of the Digital iD™ Service by other users or any Organisation, including any use in a manner which contravenes these Terms; or 7. a breach of these Terms. You may have rights under the Australian Consumer Law, including the Consumer Guarantees, which cannot lawfully be excluded and nothing in these Terms has the effect of excluding, restricting or modifying such rights and Consumer Guarantees. Where the law implies a warranty into these Terms of Use which may not lawfully be excluded (in particular warranties under Australian Consumer Law) our liability for breach of such a warranty will be limited to, if applicable, either supplying the services again or payment of the cost of having the services supplied again. You acknowledge that You have exercised Your independent judgment in acquiring the Digital iD™ Service and have not relied on any representation that we have made which has not been stated expressly in these Terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that we have produced. You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of Your breach of any of the provisions of these Terms. Privacy You agree that we can collect Your Personal Information so that You can be provided with identity checking services, (which may include visa entitlement verification check), facilitated through the Digital iD™ Service. Without this information, Your ID Documents cannot be validated and the Digital iD™ Service and any related services cannot be provided. We collect information when You use the Website or the App. For example: 1. we collect Personal Information such as Your name and address from You when You use the Digital iD™ Service; 2. we may collect information from an ID Document which You use to authenticate Your identity or complete a visa entitlement verification check; 3. we may collect your email address for validation purposes; 4. when You use the Digital iD™ Service to verify Your identity or complete a visa entitlement verification check for an Organisation, we, or our third party provider may, collect information about this process, including the details of queries and responses submitted through a check. If You use the App, the App Provider may also collect information about the Device that You use to access the App, such as physical location, operating system, settings and security protocols. The App Provider may use this information, and disclose it to us and service providers, to assist in providing the Digital iD™ Service and enforcing these Terms of Use and the EULA. You acknowledge that information about the ID Documents that You provide may be given to ID Verifiers such as the Australian government and other issuing authorities to confirm whether it matches information held by the authority or entity that issued the ID Document. You agree that the ID Verifiers can give us information about whether there is a match, and that we can use that match information in providing our identity checking services. If we offer checking of an ID Document issued overseas and You provide such an ID Document in connection with the Digital iD™ Service, You agree that information may be transferred internationally for the purpose of this identity checking process, and that we may use third party systems and services as we engage with government ID Verifiers. We may hold some information about Australian and non-Australian residents as a result of the provision of our services. We may use this information to assist in checking details of information about Your identity and/ or complete a visa entitlement verification check. Details checked in this way may be disclosed to participating Organisations who access the Digital iD™ Services with Your consent to authenticate Your identity and/ or complete a visa entitlement verification check. By registering a Profile, You agree that we may link some details of this information to Your Profile, which helps us keep Your registered information up-to-date. We will disclose Your information to some other third party ID Verifiers (including Vix Verify and Department of Immigration and Border Protection) to assist in the administration of the Digital iD™ Service and in order to verify Your details, and may collect some Personal Information from them. Where You have consented to have Your identity checked for an Organisation, we provide to the Organisation some Personal Information that has been checked, which may include Your name, address, email address and date of birth, and whether a match has been confirmed by government ID Verifiers. We do not provide to the Organisation copies of ID Documents, identification numbers used on ID Documents, or details of the authentication sources used to check Your identity, unless we have Your express consent. If we reasonably believe that any information provided to an Organisation was or has become incorrect, misleading or out-of-date, we may inform the Organisation and provide corrections or details of our concerns. You should check the privacy policy for each Organisation before You agree for us to provide the Organisation with information about Your identity. In cases where the identity checking process needs to be completed in person (for example, at an Australia Post outlet), we may retain the information You provided through the Website or App, including Your Personal Information, for a limited period to allow You time to complete the process. If You do not complete the process within the timeframe we specify, we will discard the information You provided. If You continue the process: 1. Your information may be disclosed to the Australia Post outlet or representative You deal with; 2. information You provide to the Australia Post outlet or representative may be collected and processed as part of the Digital iD™ Service; and 3. the information received or collected by the Australia Post outlet or representative may be stored on the Australia Post retail data system for up to 90 days for processing and auditing purposes. Where we check an ID Document, we may retain Your Personal Information and details from the ID Document as well as details of the check we performed and the result of the check for audit and assurance purposes. We do not store images of ID Documents. If You register a Profile: 1. we may store some information, including Your name, date of birth, email address and address, and ID Document numbers, in an encrypted form and will only use or share them with Your express consent in connection with Your future use of Digital iD™ Services; 2. we may also store other Personal Information, information about the types of ID Document You have checked with Digital iD™, and information collected from ID Verifiers for Your future use of the Digital iD™ Services; 3. we may disclose information we have collected about You in connection with the Digital iD™ Services (including Personal Information) to the App Provider for the purposes of the Digital iD™ Services it provides; 4. the App Provider may collect and disclose to us information (including Personal Information) about You in order to facilitate the Digital iD™ Service; 5. some information may be stored on Your Device (for example, Your name and photo are stored so these can be displayed in the App to personalise Your experience). You consent to us creating a biometric template from the data collected from the Digital iD™ Service. For example, we may use biometric templates to verify Your Profile Image by comparing it with other images. The biometric templates we create will not be stored and will be discarded immediately after use. If following registering a Profile, when checking an ID Document, we will also retain a record of Your Personal Information and details from the ID Document You provided us to carry out the check (such as ID Document numbers, your date of birth), so that you can access this information at a later date. You acknowledge and agree that the Personal Information you supplied to Australia Post to carry out a point in time identification verification was validated against sources that are not controlled by Australia Post. If the details of your ID documents have changed from the Personal Information you supplied to Australia Post when the check was fulfilled, and You wish to correct any details, You should engage directly with the custodians of that information (for example, VicRoads and Department of Foreign Affairs and Trade). Your information will be used to check Your identity or complete a visa entitlement check for an Organisation only with Your specific consent. You may give the consent to us through the Digital iD™ Service via the Website or the App, or directly to the Organisation. If You do not use the Digital iD™ Service to check Your identity to any Organisation for an extended period, the information stored in Your Profile may be deleted. You hereby authorise us to disclose the information we hold about You and grant access to Your Profile to law enforcement and government authorities and agencies in accordance with their lawful requests. You also understand that if you are not entitled to be in Australia, the Commonwealth Government may use the information obtained from the visa checking element of the Digital iD™ services, to locate you. We process and store Personal Information obtained as part of the Digital iD™ Service on our secure servers located in Australia. Personal Information would only be likely to be processed outside Australia if you authorise a foreign Organisation to access Your information for Digital iD purposes, or where you seek to authenticate Your identity using a foreign-issued ID Document that we accept. Your Personal Information will be collected and handled securely, and only for the purpose of checking Your identity or facilitating that checking process. Your Personal Information is handled in accordance with the Australia Post Group Privacy Policy which outlines how to access and/or correct Your Personal Information or make a privacy-related complaint. For more information please visit auspost.com.au/privacy. For the avoidance of doubt, these Terms of Use incorporate the Digital iD™ Privacy Notice https://digitalid.com/terms/privacy.html. Your Personal Information will be collected and handled securely, and only for the purpose of checking Your identity or facilitating that checking process. Your Personal Information is handled in accordance with the Australia Post Group Privacy Policy which outlines how to access and/or correct Your Personal Information or make a privacy-related complaint. For more information please visit auspost.com.au/privacy. Intellectual Property Australia Post and its licensors retain all right, title and interest in and to all Intellectual Property rights subsisting in the Website and Digital iD™ Service and any other Intellectual Property created in connection with these Terms or, subject to clause 4.2, Your use of the Digital iD™ Service. You agree to do anything necessary to assign any such Intellectual Property rights to us. You may not use any such Intellectual Property, other than as necessary for Your use of the Digital iD™ Service, without our express written consent. These Terms do not constitute a transfer or conveyance of any Intellectual Property owned by us, including but not limited to all Intellectual Property associated with the Digital iD™ Service, the Website and the App, and their functionality, features and content, or operate as a future transfer of any Intellectual Property owned by us any time thereafter. You acknowledge that the Website and materials provided in the course of the Digital iD™ Service are protected by copyright and may also be protected as other forms of Intellectual Property owned by us or our licensors. You will not during or at any time after the termination of these Terms undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights. Without limiting the generality of the foregoing, You specifically acknowledge that You must not copy the Website except as otherwise expressly authorised or acknowledged by these Terms. General Any disputes between You and any third party, including, without limitation, any Organisation, are to be resolved solely between You and that party. These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum. If any provision of these Terms is found to be invalid, void or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect. All rights not expressly granted in these Terms are reserved. We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies. These Terms (together with the EULA, if You use the App) constitute the entire agreement and understanding between You and us and supersede any and all prior communications, representations, agreements or understandings between You and us with respect to the subject matter of these Terms. You acknowledge and agree that You have not relied on any statement by us which has not been expressly included in this document. You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of Australia Post which consent can be granted or withheld in the absolute discretion of Australia Post. An assignment in breach of this clause 12.7 is intended by the parties to be void and of no force and effect, and constitutes a breach entitling Australia Post to terminate these Terms. Australia Post can assign or otherwise transfer any of its rights or obligations under these Terms, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website or the App). Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of these Terms: clauses 4, 5, 8.3, 8.8, 9, 11 and this clause 12.9. Each indemnity offered by You in these Terms is a continuing obligation, independent from the other obligations of the parties and survives the termination of these Terms. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity against You under these Terms. Definitions Definitions When used in these Terms, the following words have the meanings given below: App means the software application made available by the App Provider to access the Digital iD™ Service. App Provider means Australia Post Digital iD™ Pty Limited ACN 613 164 337 of Level 19, 111 Bourke Street, Melbourne, VIC 3000. Australia Post, we, us and our mean the Australian Postal Corporation, a body corporate established under the Postal Services Act 1975, the existence of which is continued by section 12 of the Australian Postal Corporation Act 1989 , whose registered office is at 111 Bourke Street, Melbourne, Victoria 3000. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation. Consumer Guarantee means a right or guarantee You may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded. Device means an electronic device owned or controlled by You, such as a mobile phone or tablet, compatible with the App. Digital iD™ Service means Australia Post's Digital iD™ service, the functionality of which is described in clause 2 of these Terms and as modified by us from time to time. EULA means the End User Licence Agreement that applies between You and the App Provider if You use the App. ID Document means an identification document eligible to be checked using the Digital iD™ Service, which may include an identification document issued by a government or other authority or entity. ID Verifier means a government agency or other authority or entity engaged by Australia Post to verify the validity of an ID Document. Intellectual Property means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with: 1. any related confidential information, trade secrets, know-how or any right to have information kept confidential; 2. copyright (including future copyright and rights in the nature of or analogous to copyright); 3. patents, designs, trade marks, service marks and other related marks; and 4. all associated goodwill, whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions. Organisation means a corporate entity or organisation that has an arrangement in place with Australia Post to obtain verification of the identity of an individual who has made a request using the Digital iD™ Service. Personal Information has the same meaning as 'personal information' in the Privacy Act 1988 (Cth). Profile means an account containing data about You and associated metadata in connection with the Digital iD™ Service. Terms means these terms of use, as modified or replaced from time to time. User Content has the meaning given to that term in clause 4. Website means a website made available by Australia Post for You to access the Digital iD™ Service in accordance with these Terms. You and Your means a user of the Digital iD™ Service. Interpretation In these Terms unless a contrary intention is expressed: 1. headings and italicised, highlighted or bold type do not affect the interpretation of this agreement; 2. the singular includes the plural and the plural includes the singular; 3. other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning; 4. a reference to a 'person' includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality); 5. a reference to any thing (including any right) includes a part of that thing, but nothing in this clause 13.2(e) implies that performance of part of an obligation constitutes performance of the obligation; 6. a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this agreement and a reference to this agreement includes any clause, annexure, exhibit and schedule; 7. a reference to a document (including this agreement) includes all amendments or supplements to, or replacements or novations of, that document; 8. a reference to a party to any document includes that party's successors and permitted assigns; 9. a reference to time is to time in Melbourne, Victoria, Australia; 10. a reference to an agreement other than this agreement includes an undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing; 11. a provision of these Terms may not be construed adversely to a party solely on the ground that the party (or that party's representative) was responsible for the preparation of this agreement or the preparation or proposal of that provision; 12. a reference to a body, other than a party to these Terms (including an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions; and 13. the words 'include', 'including', 'for example', 'such as' or any form of those words or similar expressions in this agreement do not limit what else is included and must be construed as if they are followed by the words 'without limitation', unless there is express wording to the contrary. Digital iD™ Privacy Notice You agree that we can collect Your Personal Information so that You can be provided with identity checking services facilitated through the Digital iD™ Service. Without this information, Your ID Documents cannot be validated and the Digital iD™ Service and any related services cannot be provided. We collect information when You use the Website or the App. For example, 1. we collect Personal Information such as Your name and address from You when You use the Digital iD™ Service; 2. we may collect your email address for validation purposes; 3. we may collect information from an ID Document which You use to authenticate Your identity which may include completing a visa entitlement verification check; 4. when You use the Digital iD™ Service to verify Your identity (including completing a visa entitlement verification check) for an Organisation, we collect information about this process. If You use the App, the App Provider may also collect information about the Device that You use to access the App, such as physical location, operating system, settings and security protocols. The App Provider may use this information, and disclose it to us and service providers, to assist in providing the Digital iD™ Service and enforcing these Terms of Use and the EULA You acknowledge that information about the ID Documents that You provide may be given to ID Verifiers such as the Australian government and other issuing authorities to confirm whether it matches information held by the authority or entity that issued the ID Document and/ or for the purposes of obtaining a visa entitlement verification check. You agree that the ID Verifiers can give us information about whether there is a match, and that we can use that match information in providing our identity checking services. We may hold some information about Australian and non-Australian residents as a result of the provision of our services. We may use this information to assist in checking details of information about Your identity and/ or complete a visa entitlement verification check. Details checked in this way may be disclosed to participating Organisations who access the Digital iD™ Services with Your consent to authenticate Your identity and/ or complete a visa entitlement verification check. By registering a Profile, You agree that we may link some details of this information to Your Profile, which helps us keep Your registered information up-to-date. We will disclose Your information to some other third party ID Verifiers (including Vix Verify and, in the case of a visa entitlement check, the Department of Immigration and Border Protection) to assist in the administration of the Digital iD™ Service and in order to verify Your details, and may collect some Personal Information from them. You should check the privacy policy for such third parties before You agree for us to provide them with information about Your identity. Where You have consented to have Your identity checked for an Organisation, we provide to the Organisation some Personal Information that has been checked, which may include Your name, email address, address and date of birth, and whether a match has been confirmed by government ID Verifiers. We do not provide to the Organisation copies of ID Documents, identification numbers used on ID Documents, or details of the authentication sources used to check Your identity, unless we have Your express consent. If we reasonably believe that any information provided to an Organisation was or has become incorrect, misleading or out-of-date, we may inform the Organisation and provide corrections or details of our concerns. You should check the privacy policy for each Organisation before You agree for us to provide the Organisation with information about Your identity. In cases where the identity checking process needs to be completed in person (for example, at an Australia Post outlet), we may retain the information You provided through the Website or App, including Your Personal Information, for a limited period to allow You time to complete the process. If You do not complete the process within the timeframe we specify, we will discard the information You provided. If You continue the process: 1. Your information may be disclosed to the Australia Post outlet or representative You deal with; 2. information You provide to the Australia Post outlet or representative may be collected and processed as part of the Digital iD Service; and 3. the information received or collected by the Australia Post outlet or representative may be stored on the Australia Post retail data system for up to 90 days for processing and auditing purposes. Where we check an ID Document, we may retain Your Personal Information and details from the ID Document as well as details of the check we performed and the result of the check for audit and assurance purposes. We do not store images of ID Documents. If You register a Profile: 1. we may store some information, including Your name, date of birth and address, and ID Document numbers, in an encrypted form and will only use or share them with Your express consent in connection with Your future use of Digital iD™ Services; 2. we may also store other Personal Information, information about the types of ID Document You have checked with Digital iD™, and information collected from ID Verifiers for Your future use of the Digital iD™ Services; 3. we may disclose information we have collected about You in connection with the Digital iD Services (including Personal Information) to the App Provider for the purposes of the Digital iD™ Services it provides; 4. the App Provider may collect and disclose to us information (including Personal Information) about You in order to facilitate the Digital iD Service; 5. some information may be stored on Your Device (for example, Your name and photo are stored so these can be displayed in the App to personalise Your experience). If following registering a Profile, after we have completed an identity check on your behalf, You may access the Personal Information and details from the ID Document You provided us to carry out the check (such as ID Document numbers, your date of birth). You acknowledge and agree that the Personal Information you supplied to Australia Post to carry out a point in time identification verification was validated against sources that are not controlled by Australia Post. If the details of your ID documents have changed from the Personal Information you supplied to Australia Post when the check was fulfilled, and You wish to correct any details, You should engage directly with the custodians of that information (for example, VicRoads and DFAT). You consent to us creating a biometric template from the data collected from the Digital iD™ Service. For example, we may use biometric templates to verify Your Profile Image by comparing it with other images. The biometric templates we create will not be stored and will be discarded immediately after use. Your information will be used to check Your identity and/or complete a visa entitlement verification check for an Organisation only with Your specific consent. You may give the consent to us through the Digital iD™ Service via the Website or the App, or directly to the Organisation. If You do not use the Digital iD™ Service to check Your identity or complete a visa entitlement check to any Organisation for an extended period, the information stored in Your Profile may be deleted. You hereby authorise us to disclose the information we hold about You and grant access to Your Profile to law enforcement and government authorities and agencies in accordance with their lawful requests. You also understand that if you are not entitled to be in Australia, the Commonwealth Government may use the information obtained from completing a visa entitlement verification check, to locate you. We process and store Personal Information obtained as part of the Digital iD™ Service on our secure servers located in Australia. Personal Information would only be likely to be processed outside Australia if you authorise a foreign Organisation to access Your information for Digital iD™ purposes, or where you seek to authenticate Your identity using a foreign-issued ID Document that we accept. Your Personal Information will be collected and handled securely, and only for the purpose of checking Your identity or facilitating that checking process (including visa entitlement checks). Your Personal Information is handled in accordance with the Australia Post Group Privacy Policy which outlines how to access and/or correct Your Personal Information or make a privacy-related complaint. For more information please visit www.auspost.com.au/privacy. Words and phrases defined in the Digital iD™ Terms of Use have the same meaning in this Privacy Notice. Ultimaker Cura User Agreement Disclaimer by Ultimaker Please read this disclaimer carefully. Except when otherwise stated in writing, Ultimaker provides any Ultimaker software or third party software "As is" without warranty of any kind. The entire risk as to the quality and performance of Ultimaker software is with you. Unless required by applicable law or agreed to in writing, in no event will Ultimaker be liable to you for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use any Ultimaker software or third party software. Autodesk LICENSE AND SERVICES AGREEMENT READ CAREFULLY: AUTODESK LICENSES THE SOFTWARE AND OTHER LICENSED MATERIALS ONLY ON THE CONDITION THAT LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED OR REFERENCED IN THIS AGREEMENT. By selecting the “I accept” button or other button or mechanism designed to acknowledge agreement to the terms of an electronic copy of this Agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Autodesk Materials, (i) you accept this Agreement on behalf of the entity for which you are authorized to act (e.g., an employer) and acknowledge that such entity is legally bound by this Agreement (and you agree to act in a manner consistent with this Agreement) or, if there is no such entity for which you are authorized to act, you accept this Agreement on behalf of yourself as an individual and acknowledge that you are legally bound by this Agreement, and (ii) you represent and warrant that you have the right, power and authority to act on behalf of and bind such entity (if any) or yourself. You may not accept this Agreement on behalf of another entity unless you are an employee or other agent of such other entity with the right, power and authority to act on behalf of such other entity. If Licensee is unwilling to accept this Agreement, or you do not have the right, power and authority to act on behalf of and bind such entity or yourself as an individual (if there is no such entity), (a) DO NOT SELECT THE “I ACCEPT” BUTTON OR OTHERWISE CLICK ON ANY BUTTON OR OTHER MECHANISM DESIGNED TO ACKNOWLEDGE AGREEMENT, AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE COPY OR USE ALL OR ANY PORTION OF THE AUTODESK MATERIALS; AND (b) WITHIN THIRTY (30) DAYS FROM THE DATE OF ACQUIRING THE AUTODESK MATERIALS, LICENSEE MAY RETURN THE AUTODESK MATERIALS (INCLUDING ANY COPIES) TO THE ENTITY FROM WHICH THEY WERE ACQUIRED FOR A REFUND OF THE APPLICABLE LICENSE FEES PAID BY THE LICENSEE. The words “Autodesk", “Agreement” and “Licensee” and other capitalized terms used in this Agreement are defined terms. The definitions can be found in Exhibit A (if the terms are not defined in the main body of the Agreement). 1. License 1.1 License Grant. Subject to and conditioned on Licensee’s continuous compliance with this Agreement and payment of the applicable fees, Autodesk grants Licensee a nonexclusive, nonsublicensable, nontransferable, limited license to Install and Access the Licensed Materials, in each case solely (a) in the Territory, (b) within the scope of the License Type and Permitted Number specified in the applicable License Identification, and (c) in accordance with the other terms of this Agreement. Various License Types are described in Exhibit B. In any case where the License Identification does not specify a License Type or Permitted Number, or there is no License Identification, the License Type will, by default, be the Evaluation License and the Permitted Number will, by default, be one (1). 1.2 Upgrades and Previous Versions.

1.2.1 Effect of Upgrades. If Autodesk or a Reseller provides Licensee with an Upgrade to other Licensed Materials previously licensed to Licensee, the Licensed Materials previously licensed to Licensee and any other Autodesk Materials relating thereto will thereafter be deemed to be a “Previous Version.” Except as set forth in Section 1.2.2 (Exception for Relationship Program Licensees), the license grant and other rights with respect to any Previous Version will terminate one hundred twenty (120) days after Installation of the Upgrade. Within such one hundred twenty (120) day period, except as set forth in Section 1.2.2 (Exception for Relationship Program Licensees), (a) Licensee must cease all use of any Previous Version and Uninstall all copies of the Previous Version, and (b) upon expiration of such period, such Previous Version will no longer constitute Licensed Materials but rather will be deemed to be Excluded Materials and Licensee will no longer have a license for any such Previous Version. At Autodesk’s request, Licensee agrees to destroy or return to Autodesk or the Reseller from which they were acquired all copies of the Previous Version. Autodesk reserves the right to require Licensee to show satisfactory proof that all copies of any Previous Version have been Uninstalled and, if so requested by Autodesk, destroyed or returned to Autodesk or the Reseller from which they were acquired. 1.2.2 Exception for Relationship Program Licensees. The termination of rights as to Previous Versions described in Section 1.2.1 (Effect of Upgrades) may not apply to Licensee if and to the extent (a) Licensee participates in a Relationship Program and the Relationship Program Terms authorize Licensee to retain such Previous Versions or (b) otherwise authorized in writing by Autodesk. 1.3 Additional Terms. The Licensed Materials (or portions thereof) may be subject to terms (e.g., terms accompanying such Licensed Materials or made available in connection with ordering, installing, downloading, accessing, using or copying such Licensed Materials) that are in addition to or different from the terms set forth in this Agreement, and Licensee agrees to comply with such terms. 1.4 Other Materials. If Autodesk provides or makes available to Licensee any additional materials associated with the Licensed Materials, including any corrections, patches, service packs, updates or upgrades to, or new versions of, the Licensed Materials (including Upgrades) or any Supplemental Materials or User Documentation for the Licensed Materials, (a) such additional materials may include or be subject to other terms in addition to or different from the terms set forth in this Agreement (including, without limitation, additional or different fees, license terms, or restrictions on use), and Licensee agrees to comply with such terms, or (b) if there are no other terms for such additional materials, they will (except as otherwise provided by Section 1.2 (Upgrades and Previous Versions)) be subject to the same terms (including, without limitation, the licenses, applicable License Type and Permitted Number, and other terms of this Agreement) as the Licensed Materials to which such additional materials apply. In no event will the foregoing result in any rights with respect to Excluded Materials. 1.5 Authorized Users. Licensee may permit the Licensed Materials to be Installed and/or Accessed only by Licensee’s Personnel (except as otherwise designated in the applicable License Type), and any such Installation or Access will be subject to any other requirements imposed by this Agreement and the applicable License Type and Permitted Number. Licensee will be responsible for compliance with this Agreement by Licensee’s Personnel and any other persons who may have Access to the Autodesk Materials through Licensee (whether or not such Access is authorized by Autodesk or within the scope of the applicable License Type and Permitted Number). 1.6 Third-Party Licensed Materials. The Autodesk Materials may contain or be accompanied by third-party software, data or other materials that are subject to and provided in accordance with terms that are in addition to or different from the terms set forth in this Agreement. Such terms may be included or referenced in or with such third-party software, data or other materials (e.g., in the “About box”) or a web page specified by Autodesk (the URL for which may be obtained on Autodesk’s website or on request to Autodesk). Licensee agrees to comply with such terms. In addition, Licensee will take sole responsibility for obtaining and complying with any licenses that may be necessary to use third-party software, data or other materials that Licensee uses or obtains for use in conjunction with the Licensed Materials. Licensee acknowledges and agrees that Autodesk has no responsibility for, and makes no representations or warranties regarding, such third-party software, data or other materials or Licensee’s use of such third-party software, data or other materials. 1.7 Relationship Programs. Autodesk may offer to Licensee, and (if so) Licensee may participate in one (1) or more Relationship Programs applicable to the Licensed Materials licensed to Licensee under this Agreement (and such Relationship Programs may include rights in addition to or different from those set forth in this Agreement). Any Relationship Programs are subject to Autodesk’s terms therefor, which terms are set forth in the applicable Relationship Program Terms. Licensee agrees that if it requests, accepts, or makes use of any Relationship Program, Licensee will be bound by such terms, as they may be modified from time to time in accordance with the applicable Relationship Program Terms (and such terms, as so modified from time to time, are a part of and incorporated by reference into this Agreement), and Licensee agrees to comply with such terms. Licensee acknowledges that Autodesk may require a further acceptance of such terms as a condition to participation in a Relationship Program. 1.8 Services. Autodesk may provide, and Licensee may elect to receive or benefit from, certain Services from time to time. Any Services are subject to Autodesk’s terms therefor, which terms are set forth in the applicable Services Terms. Licensee agrees that if it requests, accepts, or makes use of any Services, Licensee will be bound by such terms, as they may be modified from time to time in accordance with the applicable Services Terms (and such terms, as so modified from time to time, are a part of and incorporated by reference into this Agreement), and Licensee agrees to comply with such terms. Licensee acknowledges that Autodesk may require a further acceptance of such terms as a condition to providing Services. 1.9 Archival Copy. Licensee’s license under Section 1.1 (License Grant) includes the right to make a single archival copy of the Licensed Materials in the Territory, provided that (a) the single-copy limitation will not apply to copies made as an incidental part of a routine backup of Licensee’s entire computer system on which the Licensed Materials are Installed in accordance with this Agreement, where such backup includes the making of copies of substantially all other software on such computer system and (b) any archival copy may be Accessed or Installed (other than on a backup storage medium from which the Licensed Materials cannot be Accessed) only when and for so long as the primary copy of the Licensed Materials is inaccessible and inoperable. Copies of the Licensed Materials that are Installed and are in excess of the Permitted Number at any time while the primary copy of the Licensed Materials is also Accessible are not "archival copies" as permitted under this Section 1.9 (Archival Copy). 1.10 Nature of Licenses. Licensee acknowledges and agrees that when Licensee acquires a license of Licensed Materials, (including through a Relationship Program or Services), Licensee’s acquisition is neither contingent on the delivery of any future features or functionality nor subject to any public or other comments (oral, written or otherwise) made by Autodesk regarding future features or functionality. 1.11 APIs. Licensee acknowledges and agrees that any API Information and Development Materials (unless otherwise specified by Autodesk in additional or different terms associated with such API Information or Development Materials) (a) are confidential and proprietary to Autodesk, (b) may not be distributed, disclosed or otherwise provided to third parties, (c) may be used only internally and only in conjunction with and for Licensee’s own authorized internal use of the Licensed Materials to which the API Information or Development Materials relate, such as the development and support of applications, modules and components to operate on or with such Licensed Materials, and (d) may only be Installed on the same Computer(s) where such Licensed Materials are permitted to be Installed. Notwithstanding the foregoing or Section 3 (All Rights Reserved), if Licensee develops any such applications, modules and components in accordance with this Agreement, nothing in this Agreement will prohibit Licensee from using such applications, modules and components with (and porting such applications, modules and components to) other software and hardware (including the software and hardware of third parties), if such applications, modules and components (i) do not incorporate or embody any Development Materials or other Autodesk Materials (other than the API Information that was used in the development thereof in accordance with this Agreement) and (ii) do not disclose the API Information. For purposes of this Section 1.11 (APIs), (A) “API Information” means the standard applications programming interface (“API”) information generally provided by Autodesk to licensees of the Licensed Materials that specifies the requirements for interfacing to (e.g., invoking or directing the functions of) the software included in such Licensed Materials; and (B) “Development Materials” means SDKs and other toolkits, libraries, scripts, reference or sample code, and similar developer materials included in the Licensed Materials. API Information does not include any implementation of such interface information, any Development Materials, or any other software, module or component. 2. License Limitations; Prohibitions 2.1 Limitations and Exclusions. 2.1.1 No License Granted; Unauthorized Activities. The parties acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, no license is granted (whether expressly, by implication or otherwise) under this Agreement (and this Agreement expressly excludes any right) (a) to Excluded Materials, (b) to any Autodesk Materials that Licensee did not acquire lawfully or that Licensee acquired in violation of or in a manner inconsistent with this Agreement, (c) for Installation of or Access to the Licensed Materials beyond the applicable license term (whether a fixed term or Relationship Program period or term) or outside the scope of the applicable License Type or Permitted Number, (d) for Installation of the Licensed Materials on any Computer other than a Computer owned or leased, and controlled, by Licensee, unless otherwise authorized in writing by Autodesk, (e) to distribute, rent, loan, lease, sell, sublicense, transfer or otherwise provide all or any portion of the Autodesk Materials to any person or entity except as expressly set forth in this Agreement or as expressly authorized in writing by Autodesk, (f) to provide or make available any features or functionality of the Autodesk Materials to any person or entity (other than to and for Licensee itself for the purpose specified in the applicable License Type), whether or not over a network and whether or not on a hosted basis, (g) except as otherwise expressly provided with respect to a specific License Type, to Install or Access or allow the Installation of or Access to the Autodesk Materials over the Internet or other non-local network, including, without limitation, use in connection with a wide area network (WAN), virtual private network (VPN), virtualization, Web hosting, time-sharing, service bureau, software as a service, cloud or other service or technology, (h) to remove, alter or obscure any proprietary notices, labels or marks in the Autodesk Materials, (i) to decompile, disassemble or otherwise reverse engineer the Autodesk Materials, or (j) to translate, adapt, arrange, or create derivative works based on, or otherwise modify the Autodesk Materials for any purpose. 2.1.2 Licensed Materials as a Single Product. The Licensed Materials are licensed to Licensee as a single product and the applicable components may not be separated for Installation or Access (and all such components must be Installed and Accessed on the same Computer except as authorized in writing by Autodesk). 2.1.3 Territory. Except as otherwise authorized in writing by Autodesk, the licenses granted in this Agreement are granted only for the Territory. Nothing in this Agreement permits Licensee (including, without limitation, Licensee’s Personnel, if any) to Install or Access the Licensed Materials outside of the Territory. 2.1.4 Effect of Unauthorized Use. Licensee will not engage in, and will not permit or assist any third party to engage in any of the uses or activities prohibited (or any uses or activities inconsistent with the limitations described) in this Section 2.1 (Limitations and Exclusions) (collectively, “Unauthorized Uses”). Any such Unauthorized Use, and any Installation of or Access to the Licensed Materials provided under this Agreement, outside of the scope of the applicable license grants (including, without limitation, outside the applicable License Type and/or Permitted Number) or otherwise not in accordance with this Agreement, constitute or result in infringement of Autodesk’s intellectual property rights as well as a breach of this Agreement. Licensee will notify Autodesk promptly of any such Unauthorized Uses or other unauthorized Installation or Access. 2.2 Circumvention. 2.2.1 Licensee may not (i) utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any form of technical protection used by Autodesk in connection with the Autodesk Materials, or (ii) Install or Access the Autodesk Materials with any product code, authorization code, serial number, or other copy-protection device not supplied by Autodesk directly or through a Reseller. Without limitation of the generality of the foregoing, Licensee may not utilize any equipment, device, software, or other means to (or designed to) circumvent or remove the Autodesk License Manager or any tool or technical protection measure provided or made available by Autodesk for managing, monitoring or controlling Installation of or Access to Autodesk Materials. 2.2.2 Licensee may not utilize any equipment, device, software, or other means to (or designed to) circumvent or remove any usage restrictions, or to enable functionality disabled by Autodesk, in connection with the Excluded Materials. Licensee may not bypass or delete any functionality or technical limitations of the Autodesk Materials that (or that are designed to) prevent or inhibit the unauthorized copying of, Installation or Access to the Excluded Materials. 3. All Rights Reserved Autodesk and its licensors retain title to and ownership of, and all other rights with respect to, the Autodesk Materials and all copies thereof, including, without limitation, any related copyrights, trademarks, trade secrets, patents, and other intellectual property rights. Licensee has only the limited licenses granted with respect to the Licensed Materials expressly set forth in this Agreement, and Licensee has no other rights, implied or otherwise. Licensee acknowledges and agrees that the Autodesk Materials are licensed, not sold, and that rights to Install and Access the Licensed Materials are acquired only under the license from Autodesk. The structure and organization of Software included in the Autodesk Materials, any source code or similar materials relating to such Software, any API Information and Development Materials (both as described in Section 1.11 (APIs)), and any other Licensed Materials identified as confidential or proprietary are valuable trade secrets of, and confidential and proprietary information of, Autodesk and its suppliers, and (a) may not be distributed, disclosed or otherwise provided to third parties, and (b) may be used only internally and only in conjunction with and for Licensee’s own authorized internal use of the Licensed Materials. 4. Privacy; Use of Information; Connectivity 4.1 Privacy and Use of Information. Licensee acknowledges and agrees that Licensee (and third parties acting on Licensee’s behalf) may provide, and Autodesk and its Resellers (and third parties acting on behalf of Autodesk and its Resellers) may obtain, certain information and data with respect to Licensee (including, without limitation, personal information) and Licensee’s business in connection with this Agreement, including, without limitation, information and data provided to or obtained by Autodesk and its Resellers (or third parties acting on behalf of Autodesk and its Resellers) through the Customer Information Form and otherwise, in connection with ordering, registration, activation, updating, validating entitlement to, auditing, monitoring Installation of and Access to Autodesk Materials, Relationship Programs and Services and managing the relationship with Licensee. Licensee hereby consents to Autodesk maintaining, using, storing and disclosing such information and data (including, without limitation, personal information, if any) in conformity with Autodesk’s policies on privacy and data protection, as such policies may be updated from time to time, including without limitation Autodesk’s Privacy Statement, as currently located athttp://usa.autodesk.com/privacy/. Without limitation of the generality of the foregoing, Licensee acknowledges and agrees that: (a) Autodesk may from time to time prompt Licensee (and third parties acting on Licensee’s behalf) to provide express agreement to the terms of Autodesk’s Privacy Statement and/or express agreement to specific uses of information and data (including, without limitation, personal information); (b) Autodesk may provide information and data, including, without limitation, information and data about Licensee’s use of Autodesk Materials, Relationship Programs, and Licensee’s support requests, to Autodesk subsidiaries and affiliates, Resellers and other third parties in connection with the provision, maintenance, administration or usage of Licensed Materials, Relationship Programs or Services or in connection with enforcement of any agreements relating to Licensed Materials, Relationship Programs or Services; and (c) Autodesk may make cross-border transfers of such information and data, including to jurisdictions with privacy or data protection laws that are less protective of Licensee than the jurisdiction in which Licensee is domiciled. Licensee acknowledges and agrees that such policies may be changed from time to time by Autodesk and that, effective upon posting on Autodesk’s website or other written notice from Autodesk, Licensee will be subject to such changes. 4.2 Connectivity. Certain Licensed Materials may facilitate or require Licensee’s access to and use of content and services that are hosted on websites maintained by Autodesk or by third parties. In some cases, such content and services may appear to be a feature or function within, or extension of, the Licensed Materials on Licensee’s Computer even though hosted on such websites. Accessing such content or services and use of Licensed Materials may cause Licensee’s Computer, without additional notice, to connect automatically to the Internet (transitorily, intermittently or on a regular basis) and to communicate with an Autodesk or third-party website—for example, for purposes of providing Licensee with additional information, features and functionality or to validate that the Licensed Materials and/or content or services are being used as permitted under this Agreement or other applicable terms. Such connectivity to Autodesk websites is governed by Autodesk’s policies on privacy and data protection described in this Section 4 (Privacy; Use of Information; Connectivity). Such connectivity to websites of third parties is governed by the terms (including the disclaimers and notices) found on such sites or otherwise associated with the third-party content or services. Autodesk does not control, endorse, or accept responsibility for any such third-party content or services, and any dealings between Licensee and any third party in connection with such content or services, including, without limitation, such third party’s privacy policies, use of personal information, delivery of and payment for goods and services, and any other terms associated with such dealings, are solely between Licensee and such third party. Autodesk may at any time, for any reason, modify or discontinue the availability of any third-party content or services. Access to and use of certain content and services (whether of Autodesk or third parties) may require assent to separate terms and/or payment of additional fees. 5. Limited Warranty and Disclaimers 5.1 Limited Warranty. Autodesk warrants that, as of the date on which the Licensed Materials are delivered to Licensee and for ninety (90) days thereafter or if the license term is shorter, such shorter period (“Warranty Period”), the Licensed Materials will provide the general features and functions described in the User Documentation portion of the Licensed Materials. Autodesk's entire liability and Licensee’s exclusive remedy during the Warranty Period (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be excluded or limited under law, at Autodesk's option, (i) to attempt to correct or work around errors, if any, or (ii) to refund the license fees, if any, paid by Licensee and terminate this Agreement or the license specific to such Licensed Materials. Such refund is subject to the return, during the Warranty Period, of the Autodesk Materials, with a copy of Licensee’s License Identification, to Licensee’s local Autodesk office or the Reseller from which Licensee acquired the Autodesk Materials. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE ADDITIONAL LEGAL RIGHTS UNDER LAW WHICH VARY FROM JURISDICTION TO JURISDICTION. AUTODESK DOES NOT SEEK TO LIMIT LICENSEE’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. 5.2 Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED IN SECTION 5.1 (LIMITED WARRANTY), AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTODESK AND ITS SUPPLIERS MAKE, AND LICENSEE RECEIVES, NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO ANY AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES (PURSUANT TO A RELATIONSHIP PROGRAM OR OTHERWISE). ANY STATEMENTS OR REPRESENTATIONS ABOUT THE AUTODESK MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES AND THEIR FEATURES OR FUNCTIONALITY IN THE LICENSED MATERIALS OR ANY COMMUNICATION WITH LICENSEE ARE FOR INFORMATION PURPOSES ONLY, AND DO NOT CONSTITUTE A WARRANTY, REPRESENTATION, OR CONDITION. WITHOUT LIMITING THE FOREGOING, AUTODESK DOES NOT WARRANT: (a) THAT THE OPERATION OR OUTPUT OF THE LICENSED MATERIALS OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE, WHETHER OR NOT UNDER A RELATIONSHIP PROGRAM OR SUPPORT BY AUTODESK OR ANY THIRD PARTY; (b) THAT ERRORS WILL BE CORRECTED BY AUTODESK OR ANY THIRD PARTY; OR (c) THAT AUTODESK OR ANY THIRD PARTY WILL RESOLVE ANY PARTICULAR SUPPORT REQUEST OR THAT SUCH RESOLUTION WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE FOREGOING RESTRICTS THE EFFECT OF WARRANTIES OR CONDITIONS WHICH MAY BE IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED NOTWITHSTANDING A CONTRACTUAL RESTRICTION TO THE CONTRARY. 6. Warnings 6.1 Functionality Limitations. The Licensed Materials and Services (except for Licensed Materials designed for non-commercial use, such as Autodesk Materials designed to be used for household or other consumer purposes or licensed only for purposes of educational or individual learning) are commercial professional tools intended to be used by trained professionals only. Particularly in the case of commercial professional use, the Licensed Materials and Services are not a substitute for Licensee’s professional judgment or independent testing. The Licensed Materials and Services are intended only to assist Licensee with its design, analysis, simulation, estimation, testing and/or other activities and are not a substitute for Licensee’s own independent design, analysis, simulation, estimation, testing, and/or other activities, including those with respect to product stress, safety and utility. Due to the large variety of potential applications for the Licensed Materials and Services, the Licensed Materials and Services have not been tested in all situations under which they may be used. Autodesk will not be liable in any manner whatsoever for the results obtained through use of the Licensed Materials or Services. Persons using the Licensed Materials or Services are responsible for the supervision, management, and control of the Licensed Materials and Services and the results of using the Licensed Materials and Services. This responsibility includes, without limitation, the determination of appropriate uses for the Licensed Materials and Services and the selection of the Licensed Materials, Services and other computer programs and materials to help achieve intended results. Persons using the Licensed Materials or Services are also responsible for establishing the adequacy of independent procedures for testing the reliability, accuracy, completeness, and other characteristics of any output of the Licensed Materials or Services, including, without limitation, all items designed with the assistance of the Licensed Materials or Services. Licensee further acknowledges and agrees that the Licensed Materials form part of Licensee’s total unique hardware and software environment to deliver specific functionality, and that the Licensed Materials and Services provided by Autodesk may not achieve the results Licensee desires within Licensee’s design, analysis, simulation, estimation, and/or testing constraints. 6.2 Activation Codes and Security. 6.2.1 Activation Code Required for Installation/Access and Continued Use. Installation of and Access to the Licensed Materials require, and the continued use thereof may from time to time require, activation codes issued by Autodesk. Registration may be required before an activation code is issued by Autodesk. Licensee will provide Autodesk and its Reseller with any information required for such registration and agrees that any information provided to Autodesk or its Reseller will be accurate and current. Licensee will also maintain and update Licensee’s registration information, on an ongoing basis, through customer data registration processes, including without limitation the Customer Information Form, which may be provided by Autodesk. Licensee acknowledges and agrees that Autodesk may use such information in accordance with its Privacy Statement (as described or referenced in Section 4 (Privacy; Use of Information; Connectivity)). 6.2.2 Disabling Access. LICENSEE ACKNOWLEDGES AND AGREES THAT INSTALLATION OF AND ACCESS TO LICENSED MATERIALS MAY BE DISABLED BY THE ACTIVATION, SECURITY, AND TECHNICAL PROTECTION MECHANISMS IF LICENSEE TRIES TO TRANSFER ALL OR A PART OF THE LICENSED MATERIALS TO ANOTHER COMPUTER, IF LICENSEE TAMPERS WITH THE TECHNICAL PROTECTION MECHANISMS OR DATE-SETTING MECHANISMS ON A COMPUTER OR IN THE LICENSED MATERIALS, IF LICENSEE USES THE LICENSED MATERIALS PAST AN APPLICABLE RELATIONSHIP PROGRAM PERIOD OR FIXED TERM, OR IF LICENSEE UNDERTAKES CERTAIN OTHER ACTIONS THAT AFFECT THE SECURITY MODE OR UNDER OTHER CIRCUMSTANCES AND THAT, IN ANY SUCH EVENT, LICENSEE’S ACCESS TO LICENSEE’S WORK PRODUCT AND OTHER DATA MAY BE AFFECTED. MORE INFORMATION IS CONTAINED IN THE APPLICABLE LICENSED MATERIALS OR AVAILABLE FROM AUTODESK ON REQUEST. 6.2.3 Effect of Activation Codes. Licensee acknowledges and agrees that receipt of an activation code (whether or not provided to Licensee in error) will not constitute evidence of or affect the scope of Licensee’s license rights. Those rights will be only as set forth in this Agreement and the applicable License Identification. 6.3 Affected Data. Work product and other data created with Licensed Materials made available under certain License Types, including licenses that limit the permitted purpose to educational purposes or personal learning purposes, may contain certain notices and limitations that make the work product and other data usable only in certain circumstances (e.g., only in the education field). In addition, if Licensee combines or links work product or other data created with such Licensed Materials with work product or other data otherwise created, then such other work product or data may also be affected by these notices and limitations. Autodesk will have no responsibility or liability whatsoever if Licensee combines or links work product or other data created with such Licensed Materials with work product or other data otherwise created. In addition, Licensee will not remove, alter or obscure any such notices or limitations. 7. Limitations of Liability 7.1 Limitation on Type and Amount of Liability. IN NO EVENT WILL AUTODESK OR ITS SUPPLIERS HAVE ANY LIABILITY (DIRECTLY OR INDIRECTLY) FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, USE, REVENUE, OR DATA; OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY). IN ADDITION, THE LIABILITY OF AUTODESK AND ITS SUPPLIERS ARISING OUT OF OR RELATING TO ANY AUTODESK MATERIALS, RELATIONSHIP PROGRAMS OR SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY LICENSEE FOR SUCH AUTODESK MATERIALS, RELATIONSHIP PROGRAMS, OR SERVICES, RESPECTIVELY. 7.2 Application of and Basis for Limitations. THE LIMITATIONS OF LIABILITY IN THIS SECTION 7 (LIMITATIONS OF LIABILITY) WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES OR OTHER LIABILITY, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF AUTODESK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. ALSO, LICENSEE AGREES THAT THE LICENSE, RELATIONSHIP PROGRAMS AND SERVICES FEES AND OTHER FEES CHARGED BY AUTODESK AND PAID BY LICENSEE ARE BASED ON AND REFLECTIVE OF THE ALLOCATION OF RISK CONTEMPLATED BY THIS SECTION 7 (LIMITATIONS OF LIABILITY) AND THAT THE LIABILITY LIMITATIONS IN THIS SECTION 7 (LIMITATIONS OF LIABILITY) ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. 8. Term and Termination 8.1 Term; Termination or Suspension. Each license under this Agreement, with respect to each specific set of Licensed Materials covered by this Agreement, will become effective as of the latest to occur of: (a) this Agreement becoming effective, (b) payment by Licensee of the applicable fees, excluding licenses (such as evaluation licenses) where no fees are required, (c) delivery of the specific Licensed Materials, and (d) in the case of Autodesk Materials provided in connection with a Relationship Program, upon commencement of the applicable Relationship Program period or fixed term. Each of Autodesk or Licensee may terminate this Agreement, Licensee’s license as to Licensed Materials, Licensee’s Relationship Program, and/or the provision of Services relating to the Licensed Materials if the other party is in breach of this Agreement and fails to cure such breach within ten (10) days after written notice of the breach; however, if Licensee is in breach of Section 1 (License) or Section 2 (License Limitations; Prohibitions), Autodesk may terminate this Agreement, Licensee’s license as to Licensed Materials, Licensee’s Relationship Program, and/or the provision of Services relating to the Licensed Materials immediately upon written notice of the breach. In addition, Autodesk may, as an alternative to termination, suspend Licensee’s license as to the Licensed Materials, Licensee’s Relationship Program, the provision of Services relating to the Licensed Materials, and/or other Autodesk obligations or Licensee rights under this Agreement (or under other terms, if any, relating to materials associated with the Licensed Materials), if Licensee fails to make a payment to Autodesk or a Reseller or otherwise fails to comply with the provisions of this Agreement or other terms relating to any such license, Relationship Program, Services, or other associated materials. Autodesk may also terminate this Agreement if Licensee becomes subject to bankruptcy proceedings, becomes insolvent, or makes an arrangement with Licensee’s creditors. This Agreement will terminate automatically without further notice or action by Autodesk if Licensee goes into liquidation. Licensee acknowledges and agrees that Autodesk may assign or sub-contract any of its rights or obligations under this Agreement. 8.2 Effect of Termination of Agreement or License. Upon termination or expiration of this Agreement, the licenses granted hereunder will terminate. Upon termination or expiration of any license granted to Licensee, Licensee must cease all use of Autodesk Materials to which such license applies, any Relationship Program (including, without limitation, associated services), and any Services and Uninstall all copies of the Autodesk Materials. At Autodesk’s request, Licensee agrees to destroy or return to Autodesk or the Reseller from which they were acquired all Autodesk Materials. Autodesk reserves the right to require Licensee to show satisfactory proof that all copies of the Autodesk Materials have been Uninstalled and, if so requested by Autodesk, destroyed or returned to Autodesk or the Reseller from which they were acquired. If Licensee’s Relationship Program is terminated or expires, but this Agreement and Licensee’s license to the Licensed Materials remains in effect, any rights of Licensee based on the Relationship Program (including, without limitation, rights with respect to Previous Versions) will terminate, and (unless otherwise authorized by the Relationship Program Terms) Licensee must comply with the obligations of Section 1.2.1 (Effect of Upgrades) with respect to (including the obligations to cease use of, Uninstall and destroy or return) all copies of such Previous Versions. 8.3 Survival. Sections 1.3 (Additional Terms), 1.4 (Other Materials), 1.5 (Authorized Users), 1.6 (Third-Party Licensed Materials), 1.11 (APIs), 2.1.1 (No License Granted;Unauthorized Activities), 2.1.4 (Effect of Unauthorized Use), 2.2 (Circumvention), 3 (All Rights Reserved), 4 (Privacy; Use of Information; Connectivity), 5.2 (Disclaimer), 6 (Warnings), 7 (Limitations of Liability), 8 (Term and Termination), and 9 (General Provisions) and Exhibit A will survive any termination or expiration of this Agreement. 9. General Provisions 9.1 Notices. Notices in connection with this Agreement by either party will be in writing and will be sent by electronic mail, postal service, or a delivery service (such as UPS, FedEx or DHL), except that Licensee may not provide notice to Autodesk of an Autodesk breach or provide notice of termination of this Agreement by electronic mail. Notices from Autodesk to Licensee will be effective (a) in the case of notices by email, one (1) day after sending to the email address provided to Autodesk, or (b) in the case of notices by mail or delivery service, five (5) days after sending by regular post or delivery service to the address provided to Autodesk. Licensee hereby consents to service of process being effected on Licensee by registered mail sent to the address set forth on Licensee’s Customer Information Form (or, if no Customer Information Form has been provided, Licensee’s last address known by Autodesk) if so permitted by applicable law. Notices from Licensee to Autodesk will be effective (a) in the case of notices by email, one (1) day after sending to (and receipt by Autodesk at) CopyrightAgent@autodesk.com, or (b) in the case of notices by mail or delivery service, when received by Autodesk at Autodesk, Inc., 111 McInnis Parkway, San Rafael, California 94903, USA, Attention: Copyright Agent. If Licensee participates in a Relationship Program, either party may also provide notice as set forth in the Relationship Program Terms. 9.2 Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of (a) Switzerland if Licensee acquired the Autodesk Materials in a country in Europe, Africa or the Middle East, (b) Singapore if Licensee acquired the Autodesk Materials in a country in Asia, Oceania or the Asia-Pacific region, or (c) the State of California (and, to the extent controlling, the federal laws of the United States) if Licensee acquired the Autodesk Materials in a country in the Americas (including the Caribbean) or any other country not specified in this Section 9.2 (Governing Law and Jurisdiction). The laws of such jurisdictions shall govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) this Agreement. In addition, each party agrees that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco, except that if Licensee has acquired the Autodesk Materials in (a) a country in Europe, Africa or the Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Switzerland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore. Nothing in the foregoing will prevent Autodesk from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur. 9.3 No Assignment; Insolvency. Licensee may not assign this Agreement or any rights hereunder (whether by purchase of stock or assets, merger, change of control, operation of law, or otherwise) without Autodesk's prior written consent, which may be withheld in Autodesk's sole and absolute discretion, and any unauthorized purported assignment by Licensee will be void. In the context of any bankruptcy or similar proceeding, Licensee acknowledges and agrees this Agreement is and shall be treated as an executory contract that may not be assumed and/or assigned without Autodesk's prior written consent, which consent may be withheld in Autodesk's sole and absolute discretion whether pursuant to Section 365(c)(1) of Title 11 of the United States Code or any other applicable law respecting the treatment of executory contracts within bankruptcy. Any assignment (regardless of how or on what basis the assignment may occur) will be conditioned on compliance with the following: at least thirty (30) days before assigning or agreeing to any assignment of rights under this Agreement (including transferring any copies of or right to use the Software), (a) Licensee must provide written notice to Autodesk, Uninstall all copies of the Software, and (without limitation of the generality of Section 9.7 (Audits)) allow Autodesk or its designee to inspect the records, systems and facilities of (or operated for) Licensee and its subsidiaries and affiliates to verify (by any means available to Autodesk, whether remotely or on premises) that all copies of the Software have been Uninstalled, (b) the proposed assignee must agree to comply (and Licensee must ensure that the assignee will comply) with all of the obligations of this Agreement with respect to such Software, which agreement must provide that Autodesk is a third-party beneficiary of the assignee’s agreement, and the assignee must provide a copy of the agreement to Autodesk, and (c) Licensee and proposed assignee must comply with all other transfer procedures identified by Autodesk. 9.4 Autodesk Subsidiaries and Affiliates. Licensee acknowledges and agrees that Autodesk may arrange to have its subsidiaries and affiliates engage in activities in connection with this Agreement, including, without limitation, delivering Autodesk Materials and providing Relationship Programs and Services, provided that Autodesk (and not such subsidiaries and affiliates) will remain subject to the obligations of Autodesk under this Agreement. Licensee also agrees that Autodesk’s subsidiaries and affiliates may enforce (including taking actions for breach of) this Agreement. 9.5 Exceptions to Prohibitions; Severability. 9.5.1 Exceptions to Prohibitions. The prohibitions contained in this Agreement will not apply where and to the extent applicable law does not allow such prohibitions to be enforced. Licensee may have other rights under the laws of the state or country within the Territory where the Licensed Materials are acquired, and this Agreement does not change Licensee’s rights under the laws of such state or country if and to the extent the laws of such state or country do not permit this Agreement to do so. Licensee will bear the burden of proof to demonstrate that applicable law does not allow (i) the enforcement of such prohibitions; or (ii) this Agreement to change particular rights in a state or country (and that Licensee has not exceeded the bounds of the unenforceable prohibitions and unchangeable rights). 9.5.2 Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision or any other provision of this Agreement in any other jurisdiction. 9.6 No Waiver. No term or provision of this Agreement will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against which the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. 9.7 Audits. Licensee agrees that Autodesk has the right to require an audit (electronic or otherwise) of the Autodesk Materials and the Installation thereof and Access thereto. As part of any such audit, Autodesk or its authorized representative will have the right, on fifteen (15) days’ prior notice to Licensee, to inspect Licensee’s records, systems and facilities, including machine IDs, serial numbers and related information, to verify Licensee’s Installation of and Access to the Autodesk Materials. Additionally, within fifteen (15) days of the audit request, Licensee will provide to Autodesk all records and information requested by Autodesk in order to verify Licensee’s Installation of and Access to the Autodesk Materials. Licensee will provide full cooperation to enable any such audit. If Autodesk determines that Licensee’s Installation of or Access to the Autodesk Materials is not in conformity with the applicable agreements or terms of service, Licensee will obtain immediately and pay for valid license(s) to bring Licensee’s Installation and Access into compliance and pay the reasonable costs of the audit. In addition to such payment rights, Autodesk reserves the right to seek any other remedies available at law or in equity. 9.8 Language. The English language version of this Agreement is legally binding in case of any inconsistencies between the English version and any translations. If Licensee purchased the license for the Licensed Materials in Canada, Licensee agrees to the following: The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord ainsi que tous les documents, y compris tous avis qui s'y rattachent, soient rédigés en langue anglaise. 9.9 Construction. Ambiguities in this Agreement will not be construed against the drafter. 9.10 Force Majeure. Autodesk will not be liable for any loss, damage or penalty resulting from delays or failures in performance resulting from acts of God, supplier delay or other causes beyond Autodesk's reasonable control. 9.11 U.S. Government Rights. For U.S. Government procurements, all Autodesk Materials are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Autodesk Materials by the U.S. Government shall be solely in accordance with license rights and restrictions described herein. 9.12 Export Control. Licensee acknowledges and agrees that the Autodesk Materials and Services (including any data submitted by Licensee in connection with a Service and any Licensee-specific output generated by a Service) are subject to compliance with United States and other applicable country export control and trade sanctions laws, rules and regulations, including, without limitation the regulations promulgated by the U.S. Department of Commerce and the U.S. Department of the Treasury (collectively, "Export Control Laws"). Licensee represents, warrants and covenants that neither Licensee nor Licensee’s Personnel (i) are a citizen or resident of, or located within, a nation that is subject to U.S. trade sanctions or other significant trade restrictions (including, without limitation, Cuba, Iran, Sudan, Syria and North Korea), (ii) are identified on any of the U.S. government restricted party lists (including, without limitation, the U.S. Treasury Department's List of Specially Designated Nationals and Blocked Persons, the U.S. Department of Commerce’s Denied Party List, Entity List and Unverified List and the U.S. Department of State’s proliferation-related lists), (iii) will, unless otherwise authorized under the Export Control Laws, use Autodesk Materials or Services in any restricted end use, including, without limitation, design, analysis, simulation, estimation, testing, or other activities related to nuclear, chemical/biological weapons, rocket systems or unmanned air vehicles applications, or (iv) will use the Autodesk Materials or Services to disclose, transfer, download, export, or re-export, directly or indirectly, any Licensee-specific output generated by the Autodesk Materials or Services, Licensee content, third party content, or any other content or material to any country, entity, or party that is ineligible to receive such items under the Export Control Laws or other laws or regulations to which Licensee may be subject. Licensee understands that the requirements and restrictions of the Export Control Laws as applicable to Licensee may vary depending on the Autodesk Materials or Services provided under this Agreement and may change over time. Licensee shall be solely responsible for (i) determining the precise controls applicable to the Autodesk Materials or Services, and (ii) complying with the Export Control Laws and monitoring any modifications to them. 9.13 Entire Agreement. This Agreement and any other terms referenced in this Agreement (such as the Relationship Program Terms and the Services Terms) constitute the entire agreement between the parties (and merge and supersede any prior or contemporaneous agreements, discussions, communications, agreements, representations, warranties, advertising or understandings) with respect to the subject matter hereof, except that particular Autodesk Materials may be subject to additional or different terms associated with such Autodesk Materials. The parties acknowledge that, in entering into this Agreement, they are not relying on any agreements, discussions, communications, agreements, representations, warranties, advertising or understandings other than as expressly set forth in this Agreement. Licensee acknowledges and agrees that Autodesk may add to or change the Relationship Program Terms and the Services Terms from time to time, provided that Autodesk will provide written notice of the additions or changes (and may allow Licensee not to renew, may permit Licensee to terminate, and may offer other options with respect to Relationship Programs or Services) before the additions or changes are effective as to Licensee. In the event of a conflict between this Agreement and any other terms of Autodesk (including, without limitation, the Relationship Program Terms, the Services Terms, or such additional or different terms), the other terms will apply. Terms stipulated by Licensee in any communication by Licensee which purport to vary this Agreement or such other terms will be void and of no effect unless agreed in a writing signed by an authorized representative of Autodesk. Any other modifications to this Agreement will also be invalid unless agreed to in a writing signed by an authorized representative of Autodesk. 10. Additional Terms 10.1 Rendering. This Section 10.1 (Rendering) applies to the following Software that may be included within the Licensed Materials: (i) Autodesk Maya; and (ii) Autodesk 3ds Max 10.1.1 With regard to the Rendering Software (defined below), in addition to any other license granted in this Agreement, Licensee may allow the Rendering Software to be Installed or Accessed on a Networked Basis, solely for Licensee’s Internal Business Needs, specifically to render files created with the Software. However, if the Rendering Software is mental ray, and the Software is provided with a finite number of mental ray rendering nodes, then with regard to mental ray the foregoing is restricted to that number of mental ray rendering nodes. 10.1.2 With regard to the mental ray Batch Software (defined below), in addition to any other license granted in this Agreement, Licensee may allow the mental ray Batch Software to be Installed or Accessed on a Networked Basis, solely for Licensee’s Internal Business Needs, and used (i) specifically to render files created with the Software; or (ii) by the Rendering Software specifically to render files created with the Software. The total number of CPUs used by the mental ray Batch Software cannot exceed the number specified in the License Identification. 10.1.3 With regard to the mental ray Standalone (defined below), Licensee may allow the mental ray Standalone to be Installed or Accessed, on a Networked Basis, solely on Computing Device(s) (defined below) solely for Licensee’s Internal Business Needs specifically to render files created with the Software. With regard to mental ray Standalone, any reference in the Agreement to Computer is hereby deleted and “Computing Device(s)” substituted therefor. 10.1.4 With regard to the mental ray Satellite (defined below) for each of Autodesk 3ds Max, Autodesk Maya and Autodesk Softimage Software each mental ray Satellite executable(s) may run on one (1) or more host no more than four (4) client Computing Devices. With regard to mental ray Satellite, any reference in the Agreement to Computer is hereby deleted and “Computing Device(s)” substituted therefor. 10.1.5 Definitions. (1) “mental ray Standalone” means the mental ray Standalone client/server executable, including the mental ray standard shader libraries and utility programs, used specifically for rendering files created with the Software. (2) “Rendering Software” means a subset of the Software used specifically for rendering files created with the Software. (3) “mental ray Batch Software” means a subset of the Software used: (i) specifically for rendering files created with the Software or (ii) by the Rendering Software specifically for rendering files created with the Software. (4) “mental ray Satellite” means the mental ray Satellite server executable, including the mental ray standard shader libraries. mental ray Satellite is functionally equivalent to the mental ray Standalone server executable, used specifically for rendering files created with the Software except it is not able to read and write files in the complete mi2 format. (5) “Computing Device” means (i) a single electronic assembly with a maximum of: (a) four (4) CPUs (regardless of the number of cores in each CPU) each CPU having one or more microprocessors, (b) four (4) discrete GPU-based computing boards; or (ii) a software implementation of the single electronic assembly, (a so-called 'virtual machine') described in (i) above, which single electronic assembly accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions. 10.2 Exceptions. This Section 10.2 (Exceptions) applies to the following Software that may be included within the Licensed Materials: (i) Autodesk Maya; (ii) Autodesk 3ds Max; and (iii) Autodesk Stingray. 10.2.1 Notwithstanding the provisions set forth in Section 2.1.1 (No License Granted; Unauthorized Activities) if: (i) the Redistributable Component (defined below) operates with the Software and with Licensee Application; and (ii) the Redistributable Component is linked to Licensee Application; then Licensee may reproduce and distribute the Redistributable Component and Licensee Application together, subject to Licensee’s strict adherence to all of the following terms and conditions: (a) the class identifications for any classes of objects Licensee created shall be different from and clearly distinguishable from the class identifications used by Autodesk; (b) modified Sample (defined below) code and any resulting binary files in Licensee Application are identified as developed by Licensee, and not by Autodesk; (c) Licensee Application has Licensee’s copyright notice; (d) any Modification (defined below), and resulting binary files, shall include the copyright notices of Autodesk, Inc. as well as the following statement: "This software contains copyrighted code owned by Autodesk, Inc. but has been modified and is not endorsed by Autodesk, Inc." The language of the copyright notice and the statement shall be in the same language as the Software language; (e) distribution is strictly for not-for-profit purposes; (f) distribution is either in binary form or text form; (g) distribution is subject to a standard form of click-through end-user license agreement which license agreement, among other things: (1) protects Autodesk's interests consistent with the terms of this Agreement; and (2) prohibits the redistribution of the Redistributable Component; (h) if the Redistributable Component operates with the Autodesk 3ds Max Software and with Licensee Application then prior to reproduction and distribution of the Redistributable Component and Licensee Application all MIDI files have been excluded from the Redistributable Component and Licensee Application; and (i) Licensee agrees to defend, indemnify and hold harmless Autodesk and its subsidiaries and affiliates from and against any and all damages, costs, losses, liabilities, expenses and settlement amounts incurred in connection with any suit, claim or action by any third party alleging that the Redistributable Component and/or Licensee Application infringes or misappropriates any patent, copyrights, moral rights, trademark, trade secret and design rights, whether registered or unregistered, and including any application for registration of any of the foregoing and all rights or forms of protections of a similar nature having equivalent or similar effect to any of these, which may subsist anywhere in the world, of such third party. 10.2.2 Definitions. (1) "Licensee Application" means, with regard to the Software, a Modification made by Licensee for designing, developing, and testing an application program made by Licensee. (2) "Modification" means any: (i) addition to the substance of a Sample or any addition to the substance of the contents of a file containing a Sample; (ii) any deletion from the structure of a Sample, or any deletion from the structure of the contents of a file containing a Sample; and/or (iii) any new file that contains any part of a Sample; all of which, in Autodesk’s sole discretion, ensures that the Sample is not the primary source of value. (3) "Redistributable Component" means the Sample(s) and/or a Modification. (4) "Sample(s)" means sample source code, or individual animations, still images, and/or audio files contained in the Software, and located in the samples directory, the examples subdirectory, samples files or any similar type directory or file; and in the case of Autodesk Stingray Software only, runtime engine files and associated DLLs in binary form only that are identified by Autodesk and are necessary to allow users of the Licensee Application to use and/or run the Licensee Application. 11. Autodesk Creative Finishing Tools. If the Software is an Autodesk Creative Finishing compositing, grading, editing and/or finishing tool, including, without limitation, Autodesk Flame Premium, Autodesk Flame, Autodesk Flame Assist, Autodesk Flare, Autodesk Lustre, and Autodesk Backdraft Conform, then following additional terms apply: with regard to the Autodesk Wiretap API, (a) Licensee may Install and Access such API on a Computer even if a licensed copy of the Creative Finishing Tools is not Installed; and (b) Installation and Access of such API does not need to be solely in connection with Licensee's Installation and Access to the Creative Finishing Tools. 12. Autodesk download technology may use the Akamai NetSession Interface, which may utilize a limited amount of your upload bandwidth and PC resources to connect you to a peered network and improve speed and reliability of Web content. The Akamai NetSession Interface is secure client-side networking technology that harnesses the power of your computer to deliver software and media available on the Akamai network. Your Akamai NetSession Interface works collectively with other Akamai NetSession Interfaces, along with thousands of Akamai edge servers, and runs as a networking service utilizing a limited amount of your computer's available resources. More information about the Akamai NetSession Interface is available here: http://www.akamai.com/client. By clicking "Accept" and using the Autodesk download technology, you accept the Akamai License Agreement (http://www.akamai.com/eula) in addition to the Autodesk License and Service Agreement. Exhibit A Definitions 1. “Access” or “Accessible” means, with respect to a computer program or other materials, (a) to use or execute the computer program or other materials or (b) to use or otherwise benefit from the features or functionality of the computer program or other materials. 2. “Agreement” means this License and Services Agreement, including all exhibits and schedules thereto, as the License and Services Agreement may be amended from time to time in accordance with the terms thereof. 3. “Authorized User” means any individual person who Installs or Accesses, or is authorized to Install or Access, any of the Licensed Materials. 4. “Autodesk” means Autodesk, Inc., a Delaware corporation, except that if, Licensee acquires a license to the Autodesk Materials in (a) a country in Europe, Africa or the Middle East, “Autodesk” means Autodesk Development Sàrl or (b) a country in Asia, Oceania or the Asia-Pacific region, “Autodesk” means Autodesk Asia Pte Ltd. 5. “Autodesk License Manager” means the tool known as Autodesk License Manager or any future Autodesk tool for managing, monitoring or controlling Installation of or Access to Autodesk Materials. 6. “Autodesk Materials” means any materials distributed or made available by Autodesk, directly or indirectly, including Software, Supplemental Materials, User Documentation and Excluded Materials (whether or not licensed to Licensee). 7. “Computer” means (i) a single electronic device, with one or more central processing units (CPUs), that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions, or (ii) a software implementation of such a device (or so-called virtual machine). 8. “Customer Information Form” means a form completed by or on behalf of Licensee and submitted to Autodesk or a Reseller, directly or indirectly, in connection with Licensee’s order for a license of Autodesk Materials, Relationship Program or Services. 9. “Educational Licensee” means a Licensee who is also (a) a Qualified Educational Institution, (b) Faculty, (c) Student or (d) Other Authorized Educational Licensee. An Educational Licensee may be required to show proof of eligibility if requested by Autodesk. Autodesk, in its sole discretion, retains the right to determine the eligibility of an Educational Licensee. 10. “Educational Purposes” means (i) in the case of a Qualified Educational Institution, Faculty or Other Authorized Educational Licensees, purposes directly related to learning, teaching, training, research and development that are part of the instructional functions performed by a Qualified Educational Institution or Other Authorized Educational Licensee and (ii) in the case of Students, purposes related to learning, training, research or development. “Educational Purposes” does not include commercial, professional or any other for-profit purposes. 11. “Evaluation Purposes” means purposes of evaluation and demonstration of the capabilities of the Software or Supplemental Materials but excludes competitive analysis and any commercial, professional, or other for-profit purposes. 12. “Excluded Materials” means any materials, including Software, Supplemental Materials or User Documentation (and including, without limitation, any computer programs, modules or components of a computer program, functionality or features of a computer program, explanatory printed or electronic materials, content or other materials, if any), that may be provided or become available to Licensee, by any means, or that are on any media delivered to Licensee, for which (a) Licensee does not have a License Identification, or (b) Licensee has not paid (and continued to pay) the applicable fees. Licensee acknowledges that Excluded Materials are included on media or via download for convenience of the licensing mechanism used by Autodesk, and inclusion does not in any way authorize, expressly or impliedly, a right to use such Excluded Materials. 13. “Faculty” means an individual person who is an employee or independent contractor working for a Qualified Educational Institution. 14. “Install” and “Installation” means, with respect to a computer program or other materials, to copy the program or other materials onto a hard disk or other storage medium. 15. “License Identification” means one or more designations by Autodesk that set forth the License Type (among other things) for Licensee’s license of the Licensed Materials. The License Identification may be (a) located (i) in the Licensed Materials (e.g., in an “About” box, license information dialog box, or text file of Software), (ii) on or with Autodesk packaging, or (iii) in a written confirmation or other notice issued to Licensee by Autodesk and transmitted via email, facsimile, physical delivery, or otherwise, or (b) obtained from Autodesk on request. For clarification, License Identification does not include a designation, confirmation, packaging or other document provided by a Reseller or other third party. 16. “License Type” means a type of license specified by Autodesk for Autodesk Materials, including the types set forth in Exhibit B. License Type includes the terms specified by Autodesk for each type of license, including the applicable terms set forth in Exhibit B. License Type is determined by Autodesk and may be specified in the applicable License Identification. 17. “Licensed Materials” means Software, Supplemental Materials and User Documentation (a) downloaded by clicking on the “I accept” button or other button or mechanism associated with this Agreement or by otherwise indicating assent to this Agreement, (b) delivered prepackaged with this Agreement, or (c) otherwise accompanied by this Agreement, provided that (i) in the case of Software, the Software is identified in an applicable License Identification, and (ii) Licensee has paid (and continues to pay) the applicable fees. Licensed Materials also includes Supplemental Materials and User Documentation that Autodesk provides or makes available to Licensee for use with Software licensed under this Agreement if there are no separate terms for such materials specified by Autodesk. Licensed Materials includes, without limitation, any error corrections, patches, service packs, updates and upgrades to, and new versions of, the Licensed Materials that Autodesk provides or makes available to Licensee under Licensee’s then-current license. Licensee acknowledges that availability of Upgrades and new versions may be subject to additional fees and the Relationship Program Terms. In addition, Licensed Materials includes, without limitation, any Previous Versions and other Autodesk Materials that Licensee receives or retains pursuant to the Relationship Program Terms, but only for so long as and to the extent expressly authorized by the Relationship Program Terms. Notwithstanding the foregoing (or any other provision of this Agreement), Licensed Materials in all cases excludes Excluded Materials. 18. “Licensee” means (a) the company or other legal entity on behalf of which Autodesk Materials are acquired, if the Autodesk Materials are acquired on behalf of such an entity (e.g., by an employee, independent contractor, or other authorized representative), or (b) if there is no such entity, the individual who accepts this Agreement (e.g., by selecting the “I accept” button or other button or mechanism associated with this Agreement or otherwise indicating assent to this Agreement, or by installing, downloading, accessing, or otherwise copying or using all or any portion of the Autodesk Materials). For clarification, “Licensee” refers only to a single, specifically identified legal entity or individual, and does not include any subsidiary or affiliate of any such legal entity or individual or any other related person. 19. “Licensee’s Internal Business Needs” means, in reference to Licensed Materials, the use of such Licensed Materials (and the features and functionality thereof) by Licensee’s own Personnel to meet the internal requirements of Licensee’s business in the ordinary course of such business, provided that Internal Business Needs will in no event include providing or making available such Licensed Materials (or the features or functionality thereof) to any third party. 20. “Networked Basis” means a computing environment that includes a Computer acting as a file server which allows the Licensed Materials Installed on such Computer to be uploaded and Installed to, and operated, viewed or otherwise Accessed from, other Computers through a local area network connection or through a VPN connection subject to compliance with the VPN Requirements. 21. “Other Authorized Educational Licensee” means a Licensee described at http://www.autodesk.com/educationterms or as otherwise authorized in writing by Autodesk. 22. “Permitted Number” means a maximum number (e.g., number of authorized users, number of concurrent users, number of computers, sessions, etc.) applicable to a license of the Licensed Materials and to the License Type associated with such license. Such number is determined by Autodesk and may be specified in the applicable License Identification. 23. “Personal Learning Purposes” means (i) personal learning as a Student or (ii) in the case of a non-Student, personal learning, excluding (a) in-person or online classroom learning in any degree-granting or certificate granting program, and (b) learning related to any commercial, professional or other for-profit purposes. 24. “Personnel” means (a) Licensee’s individual employees and (b) individual persons who are independent contractors working on Licensee’s premises and who Install and Access the Licensed Materials only on and through Computers owned or leased and controlled by Licensee. 25. ”Previous Versions” means, as to any then-current release of Licensed Materials, a prior release of the Licensed Materials as to which such then-current release is a successor or substitute (as determined by Autodesk). 26. “Qualified Educational Institution” means an educational institution which has been accredited by an authorized governmental agency within its applicable local, state, provincial, federal, or national government and has the primary purpose of teaching its enrolled students. Examples, without limitation, of entities that are included and excluded from this definition are described at http://www.autodesk.com/educationterms. 27. “Relationship Program” means (i) Subscription or (ii) a rental program offered generally by Autodesk pursuant to which Autodesk makes available Licensed Materials. 28. “Relationship Program Terms” means the terms for a Relationship Program set forth at http://usa.autodesk.com/company/legal-notices-trademarks/support-terms-and-conditions or any successor or supplemental web page of Autodesk (the URL for which may be obtained on Autodesk’s website or on request). 29. “Reseller” means a distributor or reseller authorized directly or indirectly by Autodesk to distribute authentic Autodesk Materials to Licensee. 30. “Services” means services (including the results of services) provided or made available by Autodesk, including, without limitation, support services, storage, simulation and testing services, training and other benefits, but excluding services provided or made available as part of a Relationship Program. 31. “Services Terms” means the terms for Services set forth at a location where a user may order or register for, or that is displayed in connection with ordering or registering for, such Services (e.g., a web page) or, if there are no such terms, at http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-service (if the Services are web services) or http://usa.autodesk.com/company/legal-notices-trademarks/terms-of-use for all other Services) or any successor or supplemental web pages of Autodesk. 32. “Software” means a computer program, or a module or component of a computer program, distributed or made available by Autodesk. The term “Software” may also refer to functions and features of a computer program. 33. “Stand-alone Basis” means (i) the Licensed Materials are Installed on a single Computer and (ii) the Licensed Materials cannot be Installed on, or operated, viewed or otherwise Accessed from or through any other Computer (e.g., through a network connection of any kind). 34. “Student” means an individual person enrolled as a student at a Qualified Educational Institution. 35. “Subscription” is the program offered generally by Autodesk under which Autodesk provides (among other things) updates and upgrades to, new versions of, and certain other support, services and training relating to Autodesk Materials. 36. “Supplemental Materials” means materials, other than Software and related User Documentation, that are distributed or made available by Autodesk for use with Software. Supplemental Materials include, without limitation, (a) content, such as sample drawings and designs, modules for drawings and designs, and representations of elements used in drawings and designs (e.g., buildings, parts of buildings, fixtures, furniture, bridges, roads, characters, backgrounds, settings and animations), (b) background materials, such as building codes and descriptions of building practices, (c) tools for rendering the output of the Software, such as fonts, and (d) Development Materials, application programming interfaces (APIs), and other similar developer materials (including API Information). 37. “Territory” (a) means the country, countries or jurisdiction(s) specified in the License Identification, or (b) if there is no such License Identification, or no country or jurisdiction is specified in the License Identification, means the country in which Licensee acquires a license to the Autodesk Materials. If the License Identification specifies, or Licensee acquires the Autodesk Materials in, a member country of the European Union or the European Free Trade Association, Territory means all the countries of the European Union and the European Free Trade Association. 38. “Uninstall” means to remove or disable a copy of Autodesk Materials from a hard drive or other storage medium through any means or otherwise to destroy or make unusable a copy of the Autodesk Materials. 39. “Upgrade” means a full commercial version of Licensed Materials (a) which is a successor to or substitute for a qualifying prior release (and may incorporate error corrections, patches, service packs and updates and upgrades to, and may enhance or add to the features or functionality of, the prior release) or different release of Licensed Materials, (b) is provided to a Licensee who has previously licensed the applicable qualifying prior or different release from Autodesk and (c) for which Autodesk generally charges a separate fee or makes available solely to customers under a Relationship Program. Whether Autodesk Materials are an Upgrade may be specified in the applicable License Identification. Whether Autodesk Materials are an Upgrade and whether Licensee has met the qualifications to license particular Autodesk Materials as an Upgrade are determined by Autodesk. 40. “User Documentation” means the explanatory or instructional materials for Software or Supplemental Materials (including materials regarding use of the Software or Supplemental Materials), whether in printed or electronic form, that Autodesk or a Reseller incorporates in the Software or Supplemental Materials (or the packaging for the Software or Supplemental Materials) or otherwise provides to its customers when or after such customers license, acquire or Install the Software or Supplemental Materials. 41. “VPN Requirements” means (i) the Licensed Materials are Accessed through a secure virtual private network (“VPN”); (ii) the maximum number of concurrent users Accessing the Licensed Materials (on a Networked Basis or through the VPN) does not exceed the Permitted Number at any time; (iii) all copies of the Licensed Materials are Installed and Accessed exclusively in conjunction with the technical protection device (if any) supplied with the Licensed Materials; and (iv) the VPN connection is secure and complies with current industry standard encryption and protection mechanisms. Exhibit B License Types 1. Stand-alone (Individual) License. If the License Identification identifies the License Type as a “Stand-alone License” or as an “Individual License," Licensee may Install a single primary copy of the specific release of the Licensed Materials designated in the applicable License Identification on one (1) Computer, on a Stand-alone Basis, and permit Access to such primary copy of the Licensed Materials solely by Licensee’s Personnel, and solely for Licensee’s Internal Business Needs. Licensee may also Install a single additional copy of such Licensed Materials on one (1) additional Computer, on a Stand-alone Basis; provided that (i) such additional copy of the Licensed Materials is Accessed solely by the same person as the primary copy; (ii) such person is Licensee (if Licensee is an individual) or an employee of Licensee; (iii) such person Accesses the additional copy solely to perform work while away from that person’s usual work location and solely for Licensee’s Internal Business Needs; and (iv) the primary and additional copies are not Accessed at the same time. Stand-alone (Individual) License is for a perpetual term, except as otherwise provided in this Agreement. 2. Multi-seat Stand-alone License. If the License Identification identifies the License Type as a “Multi-seat Stand-alone License," Licensee may Install primary copies of the specific release of the Licensed Materials designated in the applicable License Identification on up to the Permitted Number of Computers, on a Stand-alone Basis, and permit Access to such copies of the Licensed Materials solely by Licensee’s Personnel, and solely for Licensee’s Internal Business Needs. Licensee may also Install additional copies of such Licensed Materials on additional Computers in an amount up to the Permitted Number of Computers, on a Stand-alone Basis; provided that (i) each additional copy of such Licensed Materials is Accessed solely by the same person as the primary copy; (ii) such person is Licensee (if Licensee is an individual) or an employee of Licensee; (iii) such person Accesses the additional copy solely to perform work while away from that person’s usual work location and solely for Licensee’s Internal Business Needs; and (iv) the primary and additional copies are not Accessed at the same time. Multi-seat Stand-alone License is for a perpetual term, except as otherwise provided in this Agreement. 3. Network License. If the License Identification identifies the License Type for the Licensed Materials as a “Network License," Licensee may Install copies of the specific release of the Licensed Materials designated in the applicable License Identification on a Computer and permit Access to such Licensed Materials on multiple Computers, on a Networked Basis, solely by Licensee’s Personnel, solely for Licensee’s Internal Business Needs, only so long as the maximum number of concurrent Authorized Users does not exceed the Permitted Number of Authorized Users or other limits imposed by the Autodesk License Manager (if any). Licensee may, at Licensee’s option, also Install the Licensed Materials on a Hot Backup Server; provided that Licensee may Access the Licensed Materials on the Hot Backup Server only during the time period when, and solely for as long as, the primary Installed copy of the Licensed Materials is inoperable and only subject to the same terms and conditions as are applicable to the primary Installed copy. A “Hot Backup Server” means a file server Computer that has a second copy of the Software and Supplemental Materials Installed but that is not permitted to be Accessible except when the primary Installed copy of the Software and Supplemental Materials are inoperable and only for so long as such primary Installed copy is inoperable. A Network License is for a perpetual term, except as otherwise provided in this Agreement. 4. Educational Stand-alone (Individual) License. If the License Identification identifies the License Type as an “Educational Stand-alone (Individual) License,” an Educational Licensee may Install a copy of the specific release of the Licensed Materials designated in the applicable License Identification on one (1) Computer, subject to certain functional limitations described in Section 6.3 (Affected Data), on a Stand-alone Basis, and permit Access to such copy of the Licensed Materials solely by an Educational Licensee solely for Educational Purposes. An Educational Stand-alone (Individual) License is for a fixed term specified in the applicable License Identification or, if no such term is specified, the term is thirty-six (36) months from Installation or as otherwise authorized in writing by Autodesk. 5. Educational Multi-seat Stand-alone License. If the License Identification identifies the License Type as an “Educational Multi-seat Stand-alone License,” an Educational Licensee may Install copies of the specific release of the Licensed Materials designated in the applicable License Identification on up to the Permitted Number of Computers, subject to certain functional limitations described in Section 6.3 (Affected Data), on a Stand-alone Basis, and permit Access to such copies of the Licensed Materials solely by Educational Licensees solely for Educational Purposes. An Educational Multi-seat Stand-alone License is for a fixed term specified in the applicable License Identification or, if no such term is specified, the term is thirty-six (36) months from Installation or as otherwise authorized in writing by Autodesk. 6. Educational Network License. If the License Identification identifies the License Type as an “Educational Network License,” an Educational Licensee may Install copies of the specific release of the Licensed Materials designated in the applicable License Identification on a single file server Computer, subject to certain functional limitations described in Section 6.3 (Affected Data), and Access such Licensed Materials on multiple Computers on a Networked Basis, and permit Access to such copies of the Licensed Materials solely by Educational Licensees solely for Educational Purposes, only so long as the maximum number of concurrent Authorized Users does not exceed the Permitted Number of Authorized Users. An Educational Network License is for a fixed term specified in the applicable License Identification or, if no such term is specified, the term is thirty-six (36) months from Installation or as otherwise authorized in writing by Autodesk. 7. Personal Learning License. If the License Identification identifies the License Type as a “Personal Learning License”, Licensee may Install a copy of the specific release of the Licensed Materials designated in the applicable License Identification on one (1) Computer, subject to certain functional limitations described in Section 6.3 (Affected Data), on a Stand-alone Basis, and permit Access to such copy of the Licensed Materials solely by Licensee, as an individual, solely for Personal Learning Purposes and only at and from locations that are not labs or classrooms and are not operated for commercial, professional or for-profit purposes. A Personal Learning License Stand-alone is for a fixed term specified in the applicable License Identification. If no such term is specified, the term is thirteen (13) months from Installation. 8. Evaluation/Demonstration/Trial. If Autodesk identifies the License Type as a “demonstration”, “evaluation”, “trial,” “not for resale” or “NFR” version (each, an “Evaluation License”) in the applicable License Identification, Licensee may Install a copy of the specific release of the Licensed Materials designated in the applicable License Identification on one (1) Computer, subject to certain functional limitations described in Section 6.3 (Affected Data), on a Stand-alone Basis, and permit Access to such copy of the Licensed Materials, solely by Licensee’s Personnel, solely for Evaluation Purposes, only so long as the maximum number of concurrent Authorized Users does not exceed one (1), and only from Licensee’s work location. An Evaluation License is for a fixed term specified in the applicable License Identification, or if no such term is specified, the term is thirty (30) days from Installation or as otherwise authorized in writing by Autodesk. 9. Fixed Term/Limited Duration/Rental License. If Autodesk identifies a license in the applicable License Identification as being for a specified period or limited duration or as having a fixed term or as a rental license, Licensee’s right to Install and Access the Licensed Materials will continue only for the period, duration or term specified in the License Identification. Such Installation and Access will be in accordance with and subject to the applicable License Type and Permitted Number. If Autodesk identifies a license in the applicable License Identification as being for a specified period or limited duration, or as having a fixed term, or a rental license but no period, duration or term is specified in the License Identification, the period, duration or term will be ninety (90) days from Installation (or the period specified in Sections B.6 (Educational Network License), B.7 (Personal Learning License) or B.8 (Evaluation/Demonstration/Trial) of this Exhibit B with respect to the licenses described in those sections). 10. Session Specific Network License. If the License Identification identifies the License Type as a "Session Specific Network License", Licensee may install one (1) copy of the specific release of the Licensed Materials designated in the applicable License Identification on a Computer and permit Access to such Licensed Materials from multiple Computers through a Supported Virtualization Application, on a Networked Basis, solely by Licensee's Personnel, solely for Licensee's Internal Business needs, only so long as the maximum number of concurrent Sessions does not exceed the Permitted Number or other limits imposed by the Autodesk License Manager tool (if any). For purposes of this Session Specific Network License, (a) a “Session” is defined as a single interactive information exchange between two Computers that are connected through a Supported Virtualization Application, and (b) “Supported Virtualization Application(s)” are those third party virtualization applications or methods that are specifically identified as supported by Autodesk in the User Documentation for the Licensed Materials. With respect to the applicable Supported Virtualization Application, Licensee agrees to activate any available session tracking mechanism, not disable any such session tracking mechanism and to retain all records generated by such session tracking mechanism. A Session Specific Network License is for a perpetual term, except as otherwise provided in this Agreement. Autodesk® Meshmixer™ © 2017 Autodesk, Inc. All rights reserved. All use of this Software is subject to the terms and conditions of the Autodesk license agreement accepted upon installation of this Software and/or packaged with the Software. Trademarks Autodesk and Meshmixer are registered trademarks or trademarks of Autodesk, Inc., and/or its subsidiaries and/or affiliates. All other brand names, product names or trademarks belong to their respective holders. Third-Party Software Credits and Attributions Qt 5.7.0 http://qt-project.org/ Copyright (C) 2015 Digia Plc and/or its subsidiary(-ies). This Autodesk software contains Qt v5.7.0. Qt is licensed under the GNU Lesser General Public License v.3, which can be found at http://www.gnu.org/licenses/lgpl-3.0.html. A text copy of this license is included on the DVD or with the download of this Autodesk software. You may obtain a copy of the source code for Qt v5.7.0 from www.autodesk.com/lgplsource or by sending a written request to: Autodesk, Inc. Attention: General Counsel Legal Department 111 McInnis Parkway San Rafael, CA 94903 Your written request must: 1. Contain a self-addressed CD/DVD mailer (or envelope sufficiently large to hold a DVD) with postage sufficient to cover the amount of the current U.S. Post Office First Class postage rate for CD/DVD mailers (or the envelope you have chosen) weighing 5 ounces from San Rafael, California USA to your indicated address; and 2. Identify: a. This Autodesk software name and release number; b. That you are requesting the source code for Qt v.5.7.0; and c. The above URL (www.autodesk.com/lgplsource) so that Autodesk may properly respond to your request. The offer to receive this Qt source code via the above URL (www.autodesk.com/lgplsource) or by written request to Autodesk is valid for a period of three (3) years from the date you purchased your license to this Autodesk software. You may modify, debug and relink Qt to this Autodesk software as provided under the terms of the GNU Lesser General Public License v.3. SuperLU http://crd-legacy.lbl.gov/~xiaoye/SuperLU/ Copyright (c) 2003, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from U.S. Dept. of Energy) All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: (1) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. (2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. (3) Neither the name of Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WildMagic v4.10 http://www.geometrictools.com/Downloads/Downloads.html Copyright © 2009 Geometric Tools LLC libgeometry https://github.com/rms80/libgeometry/blob/master/Testing/expmapCL.cpp Copyright (c) 2006-2010 Ryan Schmidt SketchFramework http://www.dgp.toronto.edu/~rms/software/sketchframework.html Copyright (c) 2005-2010 Ryan Schmidt ShapewaysAPITest http://www.dgp.toronto.edu/~rms/software/ShapewaysAPITest.html Copyright 2011 Ryan Schmidt Boost 1.61.0 http://www.boost.org/LICENSE_1_0.txt Copyright Jens Maurer 2000-2001 Copyright Steven Watanabe 2010 (C) Copyright Dave Abrahams, Steve Cleary, Beman Dawes, (C) Copyright Greg Colvin and Beman Dawes 1998, 1999. (C) Copyright Jens Mauer 2001  (C) Copyright John Maddock 2000-2001, 2007-2008 (C) Copyright Mat Marcus, Jesse Jones and Adobe Systems Inc 2001 (C) Copyright Rani Sharoni 2003-2005. (C) Copyright Steve Cleary, Beman Dawes, Howard Hinnant & John Maddock 2000-2005. Copyright (c) 2001-2009 Peter Dimov Copyright 2000 John Maddock (john@johnmaddock.co.uk) Copyright 2008 Howard Hinnant Copyright 2010 Vicente J. Botet Escriba Copyright Beman Dawes 1999-2010 Copyright Dietmar Kuehl 2001                                        Copyright Douglas Gregor 2001-2004 Copyright Jan Langer 2002 Copyright Pavol Droba 2002-2004. Copyright Vladimir Prus 2002 (C) Copyright Steve Cleary, Beman Dawes, Howard Hinnant & John Maddock 2000. Copyright (C) 2003, Fernando Luis Cacciola Carballal. Copyright 1999, 2000 Jaakko Jarvi (jaakko.jarvi@cs.utu.fi) Copyright 2000 Jeremy Siek (jsiek@lsc.nd.edu) Copyright 2000 John Maddock (john@johnmaddock.co.uk) Copyright 2003 (c) The Trustees of Indiana University. Copyright 2004 Eric Niebler Copyright Aleksey Gurtovoy 2000-2006 Boost Software License - Version 1.0 - August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. PugixXML 0.5 http://pugixml.org/ Copyright (c) 2006-2010 Arseny Kapoulkine JSpirit 4.05 http://www.codeproject.com/Articles/20027/JSON-Spirit-A-C-JSON-Parser-Generator-Implemented Copyright 2007-2010, John W. Wilkinson Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Eigen 3.2 http://eigen.tuxfamily.org/index.php?title=Main_Page#License Copyright © 2011, Eigen You may obtain a copy of the Eigen source code from the following website: http://eigen.tuxfamily.org/index.php?title=Main_Page Mozilla Public License Version 2.0 https://www.mozilla.org/en-US/MPL/2.0/ Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Covered Software is with You. Should any Covered Software prove defective in any respect, You (not any Contributor) assume the cost of any necessary servicing, repair, or correction. This disclaimer of warranty constitutes an essential part of this License. No use of any Covered Software is authorized under this License except under this disclaimer. TAUCS Version 2.0, November 29, 2001 http://www.tau.ac.il/~stoledo/taucs/ Copyright (c) 2001, 2002, 2003 by Sivan Toledo, Tel-Aviv University, stoledo@tau.ac.il. All Rights Reserved. TAUCS License: Your use or distribution of TAUCS or any derivative code implies that you agree to this License. THIS MATERIAL IS PROVIDED AS IS, WITH ABSOLUTELY NO WARRANTY EXPRESSED OR IMPLIED. ANY USE IS AT YOUR OWN RISK. Permission is hereby granted to use or copy this program, provided that the Copyright, this License, and the Availability of the original version is retained on all copies. User documentation of any code that uses this code or any derivative code must cite the Copyright, this License, the Availability note, and "Used by permission." If this code or any derivative code is accessible from within MATLAB, then typing "help taucs" must cite the Copyright, and "type taucs" must also cite this License and the Availability note. Permission to modify the code and to distribute modified code is granted, provided the Copyright, this License, and the Availability note are retained, and a notice that the code was modified is included. This software is provided to you free of charge. METIS http://glaros.dtc.umn.edu/gkhome/metis/metis/overviewCopyright © 2006-2011 George Karypis George Karypis The original documentation (PDF file of the manual)can be found at http://glaros.dtc.umn.edu/gkhome/fetch/sw/metis/manual.pdf. For your reference, please see “A Fast and Highly Quality Multilevel Scheme for Partitioning Irregular Graphs”. George Karypis and Vipin Kumar. SIAM Journal on Scientific Computing, Vol. 20, No. 1, pp. 359—392, 1999.   OpenMesh, 2.0.0 http://www.openmesh.org/index.php?id=381 Copyright 2001-2010, Computer Graphics Group, RWTH Aachen libjpeg-turbo 1.2.1 http://sourceforge.net/p/libjpeg-turbo/code/HEAD/tree/branches/1.2.x/README Copyright 1991-2010, Thomas G. Lane, Guido Vollbeding. All Rights Reserved except as specified below.   The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose.  This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.   Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions: (1) If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation. (2) If only executable code is distributed, then the accompanying documentation must state that "this software is based in part on the work of the Independent JPEG Group". (3) Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.   These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library.  If you use our work, you ought to acknowledge us.   Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it.  This software may be referred to only as "the Independent JPEG Group's software".   We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.   ansi2knr.c is included in this distribution by permission of L. Peter Deutsch, sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA. ansi2knr.c is NOT covered by the above copyright and conditions, but instead by the usual distribution terms of the Free Software Foundation; principally, that you must include source code if you redistribute it.  (See the file ansi2knr.c for full details.)  However, since ansi2knr.c is not needed as part of any program generated from the IJG code, this does not limit you more than the foregoing paragraphs do.   The Unix configuration script "configure" was produced with GNU Autoconf. It is copyright by the Free Software Foundation but is freely distributable. The same holds for its supporting scripts (config.guess, config.sub, ltmain.sh).  Another support script, install-sh, is copyright by X Consortium but is also freely distributable.   The IJG distribution formerly included code to read and write GIF files. To avoid entanglement with the Unisys LZW patent, GIF reading support has been removed altogether, and the GIF writer has been simplified to produce "uncompressed GIFs".  This technique does not use the LZW algorithm; the resulting GIF files are larger than usual, but are readable by all standard GIF decoders.   We are required to state that  "The Graphics Interchange Format(c) is the Copyright property of  CompuServe Incorporated.  GIF(sm) is a Service Mark property of CompuServe Incorporated."   Libpng 1.5.13 http://www.libpng.org/pub/png/src/libpng-LICENSE.txt Copyright 1998-2012, Glenn Randers-Pehrson   COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:   If you modify libpng you may insert additional notices immediately following this sentence.   This code is released under the libpng license.   libpng versions 1.2.6, August 15, 2004, through 1.6.2, April 25, 2013, are Copyright (c) 2004, 2006-2012 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors      Cosmin Truta   libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors      Simon-Pierre Cadieux    Eric S. 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DATA COLLECTION   Here is what we collect and how we use the information:   In order to improve our products and understand how you use them, we collect non-personal product usage information. - Unique user ID – creates a record for each use of a product license, not associated with a specific person or user profile. - Product launch and close time – indicates when each product is used, and the length of each work session. - Product crashes – creates a record each time the application crashes. Docker Terms of Service Effective as of: August 31, 2016 1. Your Agreement with Docker 1.1 This website and all other related websites on which a link to these Terms of Service (the “Terms”) is displayed, and the Docker content and Docker services available on or through any of the foregoing (collectively, our “Service”) are provided to you by Docker, Inc., located at 144 Townsend Street, San Francisco, CA 94107, United States (“Docker”). These Terms govern all access and use of the Service. These Terms do not govern your access and use of any Docker software which may be made available to you under separate license terms. 1.2 All use of the Service is subject to acceptance of these Terms. By accessing or using the Service, or any content or services provided on the Service, you are agreeing to these Terms. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms. You may not use the Service if you are a person barred from using the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service, or international laws or treaties. You may not use the Service if you are or represent an entity that is listed on any U.S. Government Denied Party/Person List. You affirm that you are over the age of 13, as the Service is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR. 1.3 You agree that your use of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Docker or any third party regarding future functionality or features. 2. Your Account and Use of the Service 2.1 You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Docker immediately via our company contact form. You can also reset your password by logging into your account for the Service. 2.2 Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. 2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by Docker in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Docker, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). 2.4 You may not access or use the Service for the purpose of bringing an intellectual property infringement claim against Docker or for the purpose of creating a product or service competitive with the Service. 2.5 Your account may have usage limits, as further explained on the Service or other documentation provided by Docker. The Service may not permit you to exceed the hard usage limits. Docker reserves the right to enforce soft usage limits in its sole discretion. Repeated exceeding of the hard or soft usage limits may lead to termination of your account. 2.6 Vulnerability Reporting Service. When you use this service, Docker’s service will scan the images that you specify, which may be based upon code you authored, or code of others, and may generate vulnerability reports or information. You understand that any reports or other information that you receive from Docker about possible vulnerabilities are not guaranteed to be comprehensive, and there can be no assurance that every fault or vulnerability is discovered in a particular image. You agree that Docker’s service should not be used as the basis to deploy systems that must be hardened or highly secure, or involve mission-critical business operations, the operation of nuclear facilities, aircraft navigation, important communication systems, medical devices, air traffic control devices, real time control systems or other situations in which an inaccuracy or error in a report or in the service could lead to death, personal injury, or physical property or environmental damage. 3. Privacy and Restrictions on Use 3.1 Docker’s Privacy Policy describes Docker’s collection, use, storage and disclosure of your personal information, and is hereby incorporated by this reference into these Terms. You agree to the use of your data in accordance with Docker’s Privacy Policy. 3.2 You agree that you will protect the privacy and legal rights of the end users of your repositories or other content stored or managed via the Service. You must provide legally adequate privacy notice and protection for such end users. 3.3 You agree that you are responsible for your own conduct while accessing or using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not and may not allow any third party to: a. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; b. Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; c. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any content; d. Upload, post, transmit or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content; e. Download any content posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner; f. Submit content that falsely expresses or implies that such content is sponsored or endorsed by Docker; g. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others; h. Promote or encourage illegal activity; i. Interfere with other users' enjoyment of the Service; j. Exploit the Service for any unauthorized commercial purpose; k. Modify, adapt, translate, or reverse engineer any portion of the Service; l. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service or any content posted thereon; m. Reformat or frame any portion of the web pages that are part of the Service's administration display; n. Use the Service in connection with illegal peer-to-peer file sharing; o. Display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; p. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or the content posted thereon or to collect information about its users for any unauthorized purpose; q. Create user accounts by automated means or under false or fraudulent pretenses; or r. Use the Service, or any interfaces provided with the Service, to access any Docker product or service in a manner that violates the Terms or other terms and conditions for use of such Docker product or service. 4. Usernames 4.1 We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames. Accounts using business names and/or logos that may be considered misleading to others may be permanently suspended. We also reserve the right to reclaim usernames using Docker trademarks or usernames that violate the Docker Trademark Guidelines (the “Trademark Guidelines”), which are hereby incorporated into these Terms by reference. 4.2 You agree that Docker, in its sole discretion and subject to your opt-out rights as described below, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service. You may opt out of granting Docker the foregoing license, or require that you and Docker execute a separate license agreement therefor, by providing written notice to Docker within five (5) calendar days of the date you enter into these Terms. 4.3 Username Squatting. You may not and may not allow any third party to engage in username squatting. Accounts that are inactive for more than six months may be terminated at our discretion and without further notice. We take into account several factors when determining what conduct is considered to be username squatting including, without limitation: a. The number of accounts created b. Creating accounts for the purpose of preventing others from using those account names c. Creating accounts for the purpose of selling those accounts 4.4 Selling Usernames. You may not and may not allow any third party to buy or sell usernames. 5. Fees 5.1 Subject to the Terms, the Service is provided to you without charge up to certain limits. Usage over this limit may require you to purchase additional resources or services. The pricing for additional resources and services can be found on this website. 5.2 For all purchased resources and services, including with limitation any purchased Applications (as defined in Section 9), Docker will charge your credit card on a monthly basis or at the interval indicated in Docker fees and payment policies, if different. Docker may change its fees and payment policies by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Late payments will bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). All fees are non-refundable (except as expressly set forth in Section 11.3) and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Docker incurs collecting late amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Docker may be shared by Docker with companies who work on Docker's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Docker and servicing your account. Docker may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Docker shall not be liable for any use or disclosure of such information by such third parties. Docker reserves the right to disable your access to the Service for any late payments. Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason. 6. User Content 6.1 The Service allows you and other users to submit, post, transmit, and share content with other users, which may include, without limitation, data files, text, articles, documents, computer software or code, music, images, audiovisual works, informational materials and any user comments submitted by you and other users on or through the Service (collectively, “User Content”). For the avoidance of doubt, User Content shall not include Applications (as defined in Section 9). You retain all your ownership rights in your User Content. Docker simply displays or makes the User Content available to users of the Service and does not otherwise control the content thereof. Docker does not guarantee any accuracy or confidentiality with respect to any information contained in any User Content, and strongly recommends that you think carefully about what you transmit, submit or post to or through the Service. You understand that all information contained in User Content is the sole responsibility of the person from whom such User Content originated. This means that you, and not Docker, are entirely responsible for all User Content that you upload, post, transmit, or otherwise make available through the Service, as well as for any actions taken by Docker or other users as a result of such User Content. 6.2 Docker intends to, but does not guarantee that it will, display or make any User Content available on or through the Service, and Docker reserves the right to refuse to allow any User Content on the Service, or to edit or remove any User Content at any time with or without prior notice, if Docker reasonably believes that you or your User Content are in violation of these Terms or otherwise disrupt or threaten the operation of the Service. Without limiting the generality of the preceding sentence, Docker complies with the Digital Millennium Copyright Act, and will remove User Content from the Service upon receipt of a compliant takedown notice (see Section 16 below). You agree to immediately take down any User Content that violates the Terms, including pursuant to a take-down request from Docker. In the event that you elect not to comply with a request from Docker to take down certain User Content, Docker reserves the right to directly take down such User Content, or to suspend or terminate your use of the Service. 6.3 By uploading or submitting your User Content through the Service, you hereby grant Docker and its affiliates and partners (collectively, the “Docker Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free license to reproduce (including by making mechanical reproductions), reformat, distribute, publicly display, and publicly perform your User Content in connection with providing you and other users with the services, features and functionalities available on or through the Service; provided, that for any User Content that is subject to an open source license, Docker’s rights shall be limited to the rights granted under the applicable open source license. 6.4 The Service allows you to specify or upload the terms under which other users of the Service will be licensed to use your User Content. If you do not specify or upload such license terms with respect to any User Content, you hereby grant to any other users of the Service, a non-exclusive license to access, download, use, modify or otherwise exploit such part of your User Content for any personal or business purposes. 6.5 You are solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and warrant that: (i) you either own your User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses granted in these Terms, and (ii) the Docker Licensee’s exercise of the license rights set forth in this Section 6, does not and will not require obtaining a license from or paying any fees and/or royalties by Docker to any third party for the exercise of any rights granted in these Terms. However, the foregoing shall not be deemed a warranty by you of non-infringement of any third party patent rights. 6.6 You understand that Docker may scan User Content at any time to check for potential security vulnerabilities and other issues. Docker may request that you immediately remedy any issue it discovers in your User Content and retains the right to remove any User Content at any time without notice for any valid business or technical reasons, such as if security vulnerabilities are identified in such User Content. 6.7 You understand that User Content made available on or through the Service comes from a variety of sources and that Docker does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You understand that Docker cannot, and does not, review all User Content and does not endorse any User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading, infringing, or otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Docker with respect thereto. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 6.8 You agree that Docker has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained on or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any User Content or other communication you upload or transmit to or through the Service. 7. Proprietary Rights You acknowledge and agree that Docker (or Docker’s licensors) own all legal right, title and interest in and to the Service. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Service (collectively, the “Docker Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content owned and/or posted by you or other users, all Docker Materials are the copyrighted property of Docker or its licensors. Furthermore, all trademarks, service marks, and trade names contained in the Docker Materials are proprietary to Docker or its licensors. Except as expressly set forth herein, your use of the Service does not grant to you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Service. Docker reserves all rights to the Docker Materials not expressly granted in the Terms 8. Feedback You may choose to or Docker may invite you to submit comments, bug reports, ideas or other feedback about the Service, including without limitation about how to improve the Service or any other Docker products ("Feedback"). By submitting any Feedback, you agree that Docker is free to use such Feedback at its discretion and without any additional compensation to you, and/or to disclose such Feedback to third parties on a non-confidential basis or otherwise. You hereby grant Docker a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.  9. Third-Party Store 9.1 Docker may make available additional applications and services offered by its third-party partners through its Store ("Application(s)"). You acknowledge that your use of Applications may be subject to additional fees. You further acknowledge that your use of any Applications may be subject to a separate agreement between you and the third party licensor of that Application ("the Application Provider"), and that Docker shall not be a party to such separate agreement between you and the Application Provider. The Application Provider of each Application, and not Docker, is solely responsible for that Application, the content therein, and any claims that you or any other party may have relating to that Application or the use of that Application. Docker does not endorse and is not responsible for the accuracy, functionality, usefulness, or intellectual property rights of or relating to such Applications. You acknowledge and agree that, notwithstanding the foregoing, Docker and its affiliates are third party beneficiaries of the agreement between you and the Application Provider for each Application, and that Docker will have the right (and will be deemed to have accepted the right) to enforce such agreement against you as a third party beneficiary thereof. 9.2 By subscribing to or purchasing an Application, you grant Docker permission to share your User Content, and user information with the Application Provider as necessary in order to provide you the Application. 10. Recommendations Docker may, and you grant Docker permission to, make recommendations via the Service for products or services that in Docker’s opinion may be of interest to you based on your User Content, and/or use of the Service. 11. Modification and Termination 11.1 Docker is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you and that Docker may add new features and change any part of the Service at any time without notice. 11.2 You may terminate these Terms at any time by canceling your account on the Service and discontinuing your use of the Service. You will not receive any refunds if you cancel your account or otherwise terminate these Terms. 11.3 You agree that Docker, in its sole discretion and for any or no reason, may terminate these Terms and your account for the Service. You agree that any termination of your access to the Service may be without prior notice, and you agree that Docker will not be liable to you or any third party for such termination. If Docker terminates these Terms or your access or use of the Service due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms shall be in addition to any other remedies Docker may have at law or in equity. Notwithstanding anything to the contrary herein, in the event of any termination by Docker other than due to your breach of these Terms, Docker will reimburse to you any fees you have prepaid for resources and services purchased hereunder, prorated to the date of such termination. 11.4 Upon any termination or expiration of these Terms, whether by you or Docker, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE POSTED OR SUBMITTED ON OR THROUGH THE SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and Docker will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You are solely responsible for retrieving your User Content from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your User Content. 11.5 Upon any termination of these Terms or your account, Sections 5, 6, 7, 8, 11.4, 11.5, 12, 13, 14, 15, 19 and 20 shall survive. 12. EXCLUSION OF WARRANTIES 12.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DOCKER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE, USER CONTENT OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR (D) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 13. LIMITATION OF LIABILITY 13.1 SUBJECT TO SECTION 12 ABOVE, YOU UNDERSTAND AND AGREE THAT DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF DOCKER OR A DOCKER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13.2 SUBJECT TO SECTION 12 ABOVE, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE DOCKER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO DOCKER UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100. 13.3 YOU ACKNOWLEDGE AND AGREE THAT DOCKER HAS MADE AVAILABLE THE SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOCKER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DOCKER. DOCKER WOULD NOTE BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS. 14. Indemnification You agree to hold harmless and indemnify Docker and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your violation of applicable laws, rules or regulations in connection with the Service, or (c) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such case, Docker will provide you with written notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request. 15. User Disagreements You alone are responsible for your involvement and interactions with other users of the Service. Docker reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with any other users of the Service, you irrevocably and forever release Docker (and Docker’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” 16. Copyright Policy 16.1 Docker has established the following process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). 16.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Docker's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; b. Identification of the copyrighted work that you claim is being infringed; c. Identification of the material that is claimed to be infringing and where it is located on the Service; d. Information reasonably sufficient to permit Docker to contact you, such as your address, telephone number, and e-mail address; e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. Docker's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent
Docker, Inc.
144 Townsend Street
San Francisco, CA 94107
Email: dmca@docker.com For clarity, only DMCA notices should go to the Docker Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Docker customer service through support@docker.com. 17. External Sites 17.1 The Service may include hyperlinks to other web sites or resources (collectively, “External Sites”) solely as a convenience to its users. Docker has no control over any External Sites which are provided by companies or persons other than Docker. 17.2 You acknowledge and agree that Docker is not responsible for the availability of any External Sites, and does not endorse any advertising, products or other materials on or available from the External Sites. 17.3 You acknowledge and agree that Docker is not liable for any loss or damage which may be incurred as a result of the availability of the External Sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, the External Sites. 18. Changes to the Terms Docker may make changes to the Terms from time to time. When such changes are made, Docker will make the updated Terms available on or through the Service. Please check these Terms periodically for changes. Unless otherwise agreed to between you and Docker in writing, your continued use of the Service after such changes have been published on or through the Service shall constitute your binding acceptance of such changes. Unless otherwise agreed to between you and Docker in writing, in the event that such changes materially alter your rights or obligations hereunder such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Service with actual knowledge of such modifications, or (ii) 30 days from the date such modified Terms are made available on or through the Service. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Docker will be governed by the Terms in effect at the time such dispute arose. 19. Dispute Resolution and Arbitration 19.1 Generally. In the interest of resolving disputes between you and Docker in the most expedient and cost effective manner, you and Docker agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DOCKER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 19.2 Exceptions. Despite the provisions of Section 19.1, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim. 19.3 Arbitrator. Any arbitration between you and Docker will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Docker. 19.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). Docker’s address for Notice is: Docker, Inc., 144 Townsend Street, San Francisco, CA 94107. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Docker may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Docker must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Docker will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Docker in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000. 19.5 Fees. If you commence arbitration in accordance with these Terms, Docker will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, CA, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Docker for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 19.6 No Class Actions. YOU AND Docker AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Docker agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 19.7 Modifications. If Docker makes any future change to this arbitration provision (other than a change to Docker's address for Notice), you may reject the change by sending us written notice within 30 days of the change to Docker's address for Notice, in which case your account with Docker will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive. 19.8 Enforceability. If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20.7 will govern any action arising out of or related to these Terms. 20. General Legal Terms 20.1 The Terms constitute the whole legal agreement between you and Docker and govern your use of the Service (but excluding any services which Docker may provide to you under a separate written agreement) and completely replace any prior agreements between you and Docker in relation to the Service. 20.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture. 20.3 If Docker provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict. 20.4 You agree that Docker may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service. By providing Docker your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail. You may provide us with legal notices at our postal address set forth above or via email to support@docker.com. 20.5 You agree that if Docker does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Docker has the benefit of under any applicable law), this will not be deemed a waiver of any such rights or remedies, and that those rights or remedies will still be available to Docker. 20.6 Docker shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. 20.7 The Terms, and your relationship with Docker under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Docker agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms. 20.8 You understand that the Service is subject to United States export controls administered by the U.S. Department of Commerce and the United States Department of Treasury Office of Foreign Assets Control. You acknowledge and agrees that the Service and any User Content or Applications accessed by you shall not be used, transferred or otherwise exported or re-exported to countries as to which the United States, maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State’s Nonproliferation Sanctions list (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, including without limitation by uploading or accessing any User Content or Application, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining United States government export licenses to export or re-export as may be required. You will defend, indemnify, and hold harmless Docker and its suppliers and licensors from and against any violation of such laws or regulations by you or any of your agents, officers, directors or employees. 20.9 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, Docker may assign the entirety of its rights and obligations under these Terms, without your consent, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any assignment attempted to be made in violation of these Terms will be void. Personal Data Processing Agreement for DockerServices enGLOBAL.v.6-2017Page 1of 7PERSONAL DATA PROCESSING AGREEMENT FOR SERVICESThis Personal Data Processing Agreement for DockerServices (“DPA”) forms a part of the services agreementor other written agreementbetween Dockerand Customer(“Agreement”)regardingDocker’ssubscriptions and/or services provided by Dockerand ordered by Customeridentified below(the “Service”) in accordance with the Agreement.All capitalized terms not defined herein shall have the meaning set forth in the Agreement.This DPA is an addendum to and forms a part of the Agreement. If any terms of this DPAare inconsistent with the terms of the Agreement, including the exhibits thereto, then the terms of this DPAshall prevail.DATA PROCESSING TERMS1.BACKGROUND1.1Purpose.This DPA appliesto Personal Data provided by Customer and each Data Controller in connection with theiruse of the Service. It statesthe technical and organizational measures Dockerusesto protect Personal Data that is stored in the productionsystem/technical instanceof theService.1.2Application of the StandardContractual Clauses Document. If processing of Personal Data involves an International Transfer, the Standard Contractual Clauses apply as stated in Section 5and are incorporated by reference. 1.3Governance.Except as provided in Section 5.2, Customer is solely responsible for administration of all requests from other Data Controllers. Customer will bindany other Data Controller it permits to use the Service to the terms of this DPA.2.APPENDICESCustomer and its Data Controllers, as applicable, determine the purposes of collecting and processing Personal Data in the Service. Appendix 1 states the details of the processing Dockerwill provide via the Serviceunder the Agreement.Appendix 2states the technical and organizational measures Docker applies to the Service, unless the Agreement states otherwise.3.DOCKEROBLIGATIONS3.1Instructionsfrom Customer.Dockerwill followinstructions received from Customer (on its own behalf or on behalfof its Data Controllers) with respect to Personal Data, unlessthey are (i) legally prohibited or (ii)require material changes to the Service. In the event andto the extent the functionality of the Service does not allow Customer, its Data Controllers or authorized users to doso, Dockermaycorrect, blockor removeany Personal Datain accordance with Customer’s instruction. If Dockercannotcomply with an instruction,it willnotify Customer (email permitted)without undue delay.3.2Data Secrecy.To processPersonal Data, Dockerand its Subprocessors willonly use personnel who are boundto observe data and telecommunicationssecrecy underthe Data Protection Law. Dockerand its Subprocessors will regularly train individuals havingaccess to Personal Data in data security and data privacymeasures. Personal Data Processing Agreement for DockerServices v.6-2018Page 2of 73.3Technical and Organizational Measures. (a)Dockerwilluse theappropriate technical and organizational measures to protect all Personal Data.(b)Dockerprovides the Serviceto Docker’sentire customer base hosted out of the same Data Center(s)receivingthe same Service. Customer agrees Docker may improve the measures usedin protecting Personal Data so long as it does not diminish the level of data protection. 3.4Security Breach Notification. Dockershall notifyCustomer without undue delay but in no event later than twenty-four (24) hours of its discovery of a Security Breach.3.5Cooperation.At Customer’s request, Dockerwillreasonably support Customer or anyData Controller in dealing with requests from Data Subjects or regulatory authorities regarding Docker’sprocessing of Personal Data.3.6Return or Deletion of PersonalDataUpon termination of the Agreementfor whatever reason, and upon Customer’swrittenrequest made within thirty (30) days after such termination, Dockerwill (as applicable) return to Customer or destroy all PersonalData. After such 30-day period, Dockerwilldestroy such PersonalData.4.SUBPROCESSORS4.1Permitted Use. (a)Customer and Data Controllersauthorize Dockertosubcontractthe processing of Personal Datato Subprocessors. Dockeris responsible for any breachesof the Agreement caused by its Subprocessors.(b)Subprocessors will have the same obligations in relation to Dockeras Dockerdoes asaData Processor (or Subprocessor)with regard to their processing of Personal Data. (c)Dockerwill evaluatethe security, privacy and confidentiality practices of a Subprocessor priorto selection. Subprocessors may havesecurity certificationsthat evidence their use ofappropriate security measures. If not, Dockerwillregularly evaluateeach Subprocessor’s security practices as they relateto datahandling. (d)If Customer requests, Dockerwill inform Customer ofthe name, address and role of each Subprocessor it uses to provide the Service.4.2New Subprocessors.Docker’s use of Subprocessors is at its discretion, provided that: (a)Dockerwill notify Customer in advance (by email or such other means which Dockermakes available to its customers) of any changes to the list of Subprocessorsin place on the Effective Date(except for Emergency Replacements or deletionsof Subprocessors without replacement). (b)If Customer has a legitimate reason that relates to the Subprocessors’ processing of Personal Data, Customer may object to Docker’s use of a Subprocessor, bynotifyingDockerin writing within thirty days after receipt of Docker’snotice. If Customer objects to the use of the Subprocessor,the parties will come together in good faithto discuss a resolution. Dockermay choose to:(i) notuse the Subprocessoror (ii)take the corrective steps requested by Customer in its objection anduse the Subprocessor. If none of theseoptions are reasonably possibleand Customer continues to object for a legitimate reason,either party may terminate the Agreement on thirtydays’ writtennotice. If Customer does not objectwithin thirty daysof receiptof the notice,Customer is deemed to have accepted the new Subprocessor.(c)If Customer’s objection remains unresolved sixty days after it was raised, and Dockerhas not received any notice of termination, Customer is deemed to acceptthe Subprocessor.4.3Emergency Replacement. Dockermay change aSubprocessor where the reason for thechange is outside of Docker’sreasonable control.In thiscase, Dockerwill inform Customer of the replacement Subprocessoras soon as possible. Customer retains its rightto object to a replacementSubprocessor underSection 4.2(b). Personal Data Processing Agreement for DockerServices v.6-2018Page 5of 7Appendix 1 to Data Processing Agreement and Standard Contractual ClausesData ExporterThe Data Exporter subscribed to a Service that allowsauthorized users to enter, amend, use, delete or otherwise process Personal Data.Data ImporterDockerand its Subprocessors provide the Service thatincludes the following support:•Monitoring the Service •Release and development of fixes and upgrades to the Service •Monitoring, troubleshootingand administeringthe underlying Service infrastructure •Security monitoring, network-based intrusion detection support, penetration testingDockerAffiliates provide support when a Customer submits a support ticket because the Service is not available or not working as expected for some or all authorized users. Dockeranswers phones and performs basic troubleshooting, andhandles support tickets in a tracking system that is separate from the technicalinstance of the Service.Data SubjectsUnless provided otherwise by the Data Exporter, transferredPersonal Data relates tothe following categories of data subjects:employees, contractors, business partners or other individuals havingbeen granted access credentials to the Service. Data CategoriesThe transferred Personal Data submitted into the Servicemay concern the following categories of data:Customer, in its sole discretion and control,determines the categories of Personal Datain accordance with the Service component(s)ordered under the Agreement. Customercan configure the data fields during implementation of the Service or as otherwise provided bythe Service, subject to the functionality of the related Service component(s).The transferred Personal Data submitted into the Service may include, but is not limited tothe following categories of data:•Data subject profile data (data subject name, contact information) •Connection dataSpecial Data Categories(if appropriate)The transferred Personal Data concernsthe following special categories of data:None Processing OperationsThe transferred Personal Data issubject to the following basic processing activities:•use of Personal Datato set up, operate, monitor and provide the Service (including Operational and Technical Support) •communication to authorized users•upload any fixes or upgrades to the Service•execution of instructionsof Customer in accordance with theAgreement Personal Data Processing Agreement for DockerServices v.6-2018Page 6of 7Appendix 2 toPersonalData Processing Agreement and Standard Contractual ClausesThe following sections define the Docker’s current technical and organizational security measures. Dockermay change these at any time without notice so long as it maintainsa comparable or better level of security. This may mean that individual measures are replaced by new measures that serve the same purpose without diminishing the security level. ControlData Importer's response:Physical access controlDescription of measures to prevent unauthorised third parties from accessing data processing systems (DP systems) that allow the processing or use of personal data.Facilities containing systems are physically protected by key-card access, with access granted only to necessary personnel. Actual access to systems are controlled by multi-factor authentication.Access controlDescription of measures to prevent unauthorised third parties from using data processing systems that allow the processing or use of personal data.Systems containing personal data are protected by userid and passwords requiring multi-factor authentication. User access controlDescription of measures to prevent persons from accessing data that is not considered mandatory in order to fulfil their tasks.Access to systems are granted on a need-to-know basis in accordance with Data Importer's access policies. Access to systems is also promptly terminated in accordance with such polices.Transmission controlDescription of measures to prevent unauthorised third parties from accessing personal data during transmission and/or transport.Personal data is only transmitted electronically and over secured internetor networkprotocol. Entry controlDescription of measures to ensure consistent tracking if personal data has been entered, amended or removed from data processing systems and by whom.Information transmitted through systems are logged, tracked, and cross-referenced with account of Data Exporter.Order controlDescription of measures to ensure that personal data can only be processed in accordance with the instructions issued by the client.Data Importer is contractually bound to use any personal data only in accordance with the terms of the Agreement between Data Importer and Data Exporter. Personal Data Processing Agreement for DockerServices v.6-2018Page 7of 7Availability controlDescription of measures to protect personal data against accidental destruction or loss.Not applicable. Data Importer is not a system of record. Separation ruleDescription of measures to ensure separate processing of different data sets.Information transmitted through systems are logged, tracked, and cross-referenced with account of Data Exporter. Docker Privacy Policy This Privacy Policy is effective May 25, 2018. Docker, Inc. (“Docker” or the “Company”) is committed to protecting the privacy of your information. We provide this Privacy Policy to inform users of our policies and procedures regarding the collection, use and disclosure of personal information received from users of our website (the “Website”) collected via the Website, email, SMS, telephone, WAP or other means. This Privacy Policy may be updated from time to time for any reason, at our sole discretion. We will notify you of any material changes to our Privacy Policy by posting the new Privacy Policy on our Website. You are advised to consult this Privacy Policy regularly for any changes. By using or accessing the Website, you are accepting the practices described in this Privacy Policy, and you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at privacy@docker.com. 1. Website Covered This Privacy Policy covers the information practices of www.docker.com and all of its respective sub-domains. 2. Information Collected Docker offers a variety of services that are collectively referred to as the “Services.” Docker collects information from individuals who visit the Company’s Website (“Visitors”) and individuals who register to use the Services (“Customers”). When expressing an interest in obtaining additional information about the Services or registering to use the Services, Docker may require you to provide the Company with personal contact information, such as name, company name, address, phone number, and email address (“Required Contact Information”). When purchasing the Services, Docker may require you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”). Docker may also ask you to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About Docker Customers.” As you navigate the Company’s Website, Docker may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Company’s Website (such as the Web pages viewed and the links clicked). By choosing to provide any information to Docker, you are giving the Company permission to use and store such information consistent with this privacy policy. The Company also collects and uses personal data regarding its employees (“Employee Data”), which may include: name, address, job title and other job information, location, compensation information, identification number, employment history, and copy of employment agreement. 3. Use of Information Collected The Company uses Data About Docker Customers to perform the services requested. The Company may also use Data About Docker Customers for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Services and to send you information regarding the Company and its partners, such as information about promotions or events. Docker uses credit card information solely to check the financial qualifications of prospective Customers and to collect payment for the Services. Docker uses Website Navigational Information to operate and improve the Company’s Website. The Company may also use Website Navigational Information alone or in combination with Data About Docker Customers to provide personalized information about the Company. Employee Data is only used for the for the purposes of facilitating the performance of certain administrative tasks and functions relating to general employment and for processing and investigating reports under the Company’s codes and policies (“Employee Data Purposes”). 4. Website Navigational Information Docker may use commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company’s Website (“Website Navigational Information”). This section describes the types of Website Navigational Information that may be collected on the Company’s Website and how this information may be used. 4.1 Cookies - Docker may use cookies to make interactions with the Company’s Website easy and meaningful. When you visit the Company’s Website, Docker’s servers send a cookie to your computer. Standing alone, cookies do not personally identify you. They merely recognize your Web browser. Unless you choose to identify yourself to Docker, either by responding to a promotional offer, opening an account, or filling out a Web form, you remain anonymous to the Company. Docker uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. If you have chosen to identify yourself to Docker, the Company uses session cookies containing encrypted information to allow the Company to uniquely identify you. Each time you log into the Services, a session cookie containing an encrypted, unique identifier that is tied to your account is placed on your browser. These session cookies allow the Company to uniquely identify you when you are logged into the Services and to process your online transactions and requests. Session cookies are required to use the Services. Docker may use persistent cookies that only the Company can read and use to identify browsers that have previously visited the Company’s Website. When you purchase the Services or provide the Company with personal information, a unique identifier is assigned to you. This unique identifier is associated with a persistent cookie that the Company places on your Web browser. The Company is especially careful about the security and confidentiality of the information stored in persistent cookies. For example, the Company does not store account numbers or passwords in persistent cookies. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. If you disable your Web browser’s ability to accept cookies, you will be able to navigate the Company’s Website, but you will not be able to successfully use the Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. Docker may use information from session and persistent cookies in combination with Data About Docker Customers to provide you with information about the Company and the Services. 4.2 Web Beacons - Docker may use Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the Company’s Website and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Website tied to the Web beacon, and a description of a Website tied to the Web beacon. For example, Docker may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company’s Website. Docker uses Web beacons to operate and improve the Company’s Website and email communications. Docker may use information from Web beacons in combination with Data About Docker Customers to provide you with information about the Company and the Services. 4.3 Flash Cookies - Docker may use local shared objects, also known as Flash cookies, to store your preferences or display content based upon what you view on our site to personalize your visit. Third parties, with whom the Company partners to provide certain features on our site or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. 4.4 IP Addresses - When you visit Docker’s Website, the Company may collect your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, Docker may use IP addresses to monitor the regions from which Customers and Visitors navigate the Company’s Website. 4.5 Third Party Cookies - From time-to-time, Docker may engage third parties to track and analyze usage and volume statistical information from individuals who visit the Company’s Website. Docker may also use other third-party cookies to track the performance of Company advertisements. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after the Company receives it. Docker may also contract with third-party advertising networks that collect IP addresses and other Website Navigational Information on the Company’s Website and emails and on third-party Websites. Ad networks follow your online activities over time by collecting Website Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to your interests. You may see these advertisements on other Websites. This process also helps us manage and track the effectiveness of our marketing efforts. 5. Public Forums, Refer a Friend, and Customer Testimonials Docker may provide bulletin boards, blogs, or chat rooms on the Company’s Website. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Docker is not responsible for the personal information you choose to submit in these forums. Customers and Visitors may elect to use the Company’s referral program to inform friends about the Company’s Website. When using the referral program, the Company requests the friend’s name and email address. Docker will automatically send the friend a one-time email inviting him or her to visit the Company’s Website. Docker does not store this information. Docker may post a list of Customers and testimonials on the Company’s Website that contain information such as Customer names and titles. Docker obtains the consent of each Customer prior to posting any information on such a list or posting testimonials. 6. Sharing of Information Collected Docker may share Data About Docker Customers with the Company’s service providers so that these service providers can contact Customers and Visitors who have provided contact information on our behalf. Docker may also share Data About Docker Customers with the Company’s service providers to ensure the quality of information provided. Unless described in this Privacy Policy, Docker does not share, sell, rent, or trade any information provided with third parties for their promotional purposes. From time to time, Docker may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from Docker, the Company may share Data About Docker Customers collected in connection with your purchase or expression of interest with our joint promotion partner(s), once Docker has notified you of the information to be shared and obtained your consent to the sharing of the information. Docker does not control our business partners’ use of the Data About Docker Customers we collect, and their use of the information will be in accordance with their own privacy policies. Docker may use third-party service providers to manage credit card processing. Such service providers will not be permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company’s behalf. Docker reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process. Employee Data is only disclosed to third parties for the Employee Data Purposes. In no case does the Company disclose to third parties Employee Data for any incompatible purpose without first notifying the data subject and providing the data subject with an opportunity to affirmatively opt-out or object to such use or disclosure. 7. Users from outside the United States Docker and its Services are based in the U.S., and the Company’s offices are headquartered in the U.S. Please be aware that information you provide to Docker that it obtains as a result of your use of the Services may be processed and transferred to the U.S. and be subject to U.S. law. This information may also be processed by staff working for the Company or for one of its suppliers in the U.S. By using the Website, participating in any of the Services, or by providing Docker with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. Docker will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this privacy policy. 8. Communications Preferences; Opt In Policy Docker offers Customers and Visitors who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may send a request specifying your communications preferences to privacy@docker.com. If, at any time after registering, you change your mind about receiving information from us or about the use of information volunteered by you, please send us a request specifying your new choice. Please contact us as specified herein. 9. Correcting and Updating Your Information Customers may view, update or change their registration information by logging in to their accounts at www.docker.com. Requests to access, change, or delete your information will be handled within 30 days. 10. Security Docker uses appropriate administrative, technical, and physical security measures to protect Data About Docker Customers. However, we cannot guarantee that hackers or unauthorized personnel will not gain access to your personal information despite our efforts. You should note that in using the Website and our related services, your information will travel through third party infrastructures which are not under our control. We cannot protect, nor does this Privacy Policy apply to, any information that you transmit to other users of the Website. You should never transmit personal or identifying information to other users. 11. Change of Control As Docker develops its business, it may buy or sell assets or business offerings. Data About Docker Customers is generally one of the transferred business assets in these types of transactions. Docker may also transfer such information in the course of corporate divestitures, mergers, or dissolution. 12. Contacting Us Questions regarding this Privacy Policy or the information practices of the Website should be directed to privacy@docker.com or by mailing Docker Privacy, 144 Townsend Street, San Francisco, CA 94107. Deepart.io Privacy policy General Information This notice applies to all information collected or submitted on the Deepart.io website. You can register a free account which enables you to use Services as defined in Terms and Conditions. The types of personal information collected on the registration page are: Email address   Your email address, and any other information you provide are held in strict confidence. Your information only for the functionality of the Service, including: * Confirming your identity,
 * Contacting you whenever the submission is finished,
 * Informing you about news concerning the Service,
 * Informing you about changes in the Service,
 * Informing you about changes in Terms and Conditions.
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 * To tailor advertising based on geographic area or other information  derived from your IP address. Aggregate information derived from IP addresses may also be reported to advertisers.
 * To estimate the total number of users visiting Deepart.io from specific     geographical regions.
 * To make sure that people are not voting for themselves or friends during contests or promotions.
 Cookies A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive. * You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.
 * If you reject all cookies, you will not be able to use Deepart.io products or services that require you to "log in", and you may not be able to take full advantage of the Deepart.io service.
 * Deepart.io uses its own cookies for a number of purposes, including to: * Access your information when you "log in".
 * Keep track of preferences you specify while you are using Deepart.io 's services.
 * Display the most appropriate advertising banners, based on your interests and activity on Deepart.io.
 * Estimate and report our total audience size and traffic.
 * Conduct research to improve Deepart.io 's content and services.
   Deepart.io lets other companies (such as Google, that show advertisements on some of our pages) set and access their cookies on your computer. Other entities' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other entities do not have access to Deepart.io 's cookies. Information sharing and disclosure We use email addresses for Services. Such addresses are not used for any other purpose and are not shared with outside parties. When you publish a picture, your picture is visible to other users. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Deepart.io does not rent or sell your personal information. Finally, we never use or share the personal information about you with other people or nonaffiliated companies without your consent except to provide products or services which you have requested. Changes to this Privacy Policy Deepart.io may update this policy at any time for any reason. If there are any significant changes to how we handle personal information, we will place a prominent notice on our site. Should you have other questions or concerns about these privacy policies, please send us an email at admin@deepart.io Universal Student Identifier Terms and Conditions – Creating your USI or accessing your USI account To create your USI or before you can access your USI account you must tick the box where it says ‘I agree to the terms and conditions’. It is important that you understand and agree to these terms and conditions before using the USI Registry System. The full terms and conditions are detailed below. Privacy The personal information that you provide to the Student Identifiers Registrar is protected by the Privacy Act 1988. The collection, use and disclosure of your USI is protected by the Student Identifiers Act 2014. Further information about the protection of your information, including how you can access and seek correction of your personal information held by the Student Identifiers Registrar, how to make a complaint about a breach of your privacy and how such complaints are handled, is contained in the Student Identifiers Registrar's Privacy Policy. Privacy notice The information provided by you through the USI application process: * is collected by the Student Identifiers Registrar for the purposes of: * processing my application for, verifying and giving a USI; * resolving problems with a USI, and * creating authenticated VET transcripts; * may be disclosed to: * Commonwealth and State government departments and agencies, Boards of Study, and specified VET-related bodies for: * the purposes of administering and auditing VET, including VET providers and VET programs; * education related policy and research purposes; and * to assist in determining eligibility for training subsidies; * VET Regulators to enable them to perform their VET regulatory functions; * VET Admission bodies for the purposes of administering VET and VET programs; * current and former registered training providers to enable them to deliver VET courses to me, meet their reporting obligations under the VET standards and government contracts and assist in determining eligibility for training subsidies; * schools for the purposes of delivering VET courses to me and reporting on these courses; * the National Centre for Vocational Education Research for the purpose of creating authenticated VET transcripts, resolving problems with USIs and for the collection, preparation and auditing of national VET statistics; * researchers for education and training related research purposes; * any other person or agency that may be authorised or required by law to access the information; * any entity contractually engaged by the Student Identifiers Registrar to assist in the performance of his or her functions in the administration of the USI system; and * will not otherwise be disclosed without my consent unless authorised or required by law. Personal information The Student Identifiers Act 2014 authorises the Student Identifiers Registrar to collect personal information about you. When you apply for a USI you will be asked to provide some personal information without which a USI cannot be assigned to you. This will include: * your name, including first or given name(s), middle name(s) and surname or family name or one name if you have just one * your date of birth * your city or town of birth * your country of birth * your gender * your contact details The reason that you are asked to provide personal information is to ensure that your USI is correctly assigned to you and so that, if you forget your USI, the Student Identifiers Registrar can easily provide it to you if you need it. Before the USI is assigned to you, you must activate the USI account by setting a password and check questions. This ensures that your USI information is protected from unauthorised access. Identification When you apply for a USI you will also need to verify your identity through the Document Verification Service (DVS) which is built into the USI Registry System. You can choose to provide your identity information from a range of documents including your Australian passport, non-Australian passport (with Australian visa), Australian birth certificate, Australian driver’s licence, Medicare card, certificate of registration by descent, citizenship certificate or ImmiCard. The information you provide as evidence of your identity in your application will be checked automatically by the DVS with the document issuing agencies (for example, Medicare Australia). If you do not have any of these identity documents available, please contact your training organisation for assistance. Disclaimer Definitions Harmful Code means any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware or adware. Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue. You and your means the user of the USI Registry System. Our, us and we means the Student Identifiers Registrar The Student Identifiers Registrar: * strives to protect information you provide on the USI Registry System. We will use all reasonable endeavours to ensure that the USI Registry System and your information are not compromised. However, we cannot guarantee that no Harmful Code will enter the USI Registry System. You should be aware of the risks associated with using systems or websites. * recommends that you use appropriate and up-to-date firewall and anti-virus software to protect your computer systems. * advises that if you experience a problem or loss that is caused by the information you send to or via the USI Registry System, your computer being compromised in some way or by something beyond our control, we cannot take responsibility for causing the problem. We will do our best to help you if we can. * advises that where connection to a system or website outside our control compromises the objectives of the USI Registry System we may sever links to that system or website. Security statement The Student Identifiers Registrar will make every effort to ensure that: * the data you give us will be safe. * your data is stored at a secure facility. * regular backups of data are performed to ensure it can be recovered in case of a disaster. * all access to the system is logged and * if any unauthorised behaviour occurs, the logged data will assist us in identifying and resolving the issue. Protecting your computer You should: * install and activate security software on your computer. * ensure your security software includes anti-virus, anti-spyware, firewall and anti-spam filter. * run regular scans of your computer for viruses. * remember to update your security software to ensure you are always running the current version. Other steps you should take help protect your computer include: * check your Internet browser’s security settings for ways to make your browsing more secure. * do not open email attachments if you do not know the sender. * only download files from reputable websites. * be wary when exchanging files with colleagues or friends. * never click on hyperlinks in emails received from unknown sources. Protecting your password You should: * never share your password with anyone. * never send your password via email. * make sure your password is as strong as possible. * change it periodically. Accessibility Under the Disability Discrimination Act 1992, Australian Government agencies are required to ensure information and services are provided in a non-discriminatory accessible manner. The Student Identifiers Registrar website and the USI Registry System have been designed to meet the Australian Government standard established in respect of this requirement. The USI Registry System is currently compliant with the Web Content Accessibility Guidelines version 2.0 1 (WCAG 2.0) standard. WCAG 2.0 is a technical standard developed under the Web Accessibility Initiative of the World Wide Web Consortium (W3C). If any information or service provided by the Student Identifiers Registrar is inaccessible to you or you are experiencing problems accessing content for any reason, please look at our accessibility page or contact us. False or misleading information Giving false or misleading information in relation to your USI account is a serious offence under Division 137 of the Criminal Code Act 1995. Report any suspicious or unauthorised activity Please contact us to report any suspicious or unauthorised activity relating to your USI or the USI Registry System. Y2mate Term Of Service PLEASE READ THIS STATEMENT OF PRIVACY PRACTICES CAREFULLY BEFORE USING OUR SERVICE Muvi ("Our", "We" or "Us") is comprised of web pages containing information provided by us. Your access to the Site is offered to you conditioned on your acceptance of these Terms of Service together with our statement of privacy practices, which is incorporated herein by this reference and found at ("Terms"). If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. If you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the Site/Client and any other linked services. 1. ACCESS TO THE SERVICES Please note that we reserves the right, in its sole discretion, to change these Terms at any time upon notice. You can review the most current version of Terms at any time. The updated Terms are binding on you on the version date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Muvi service. Your continued use of the service after the effective date will constitute your acceptance of the updated Terms. 2. CHANGES TO THE SITE/CLIENT You may use the Site/Client if and when it is available. We do not guarantee availability of the Site/Client or any particular feature. A particular feature may be a pre-release version and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release it. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Site/Client at any time without notice. 3. CONTENT Muvi Site/Client and any other linked services must only be used for private purposes. Any commercial use of Muvi is strictly forbidden and will be pursued in a court of law. It is the only purpose of Muvi to create a copy of downloadable online-content for the private use of the user ("fair use"). Any further use of the content transmitted by Muvi, particularly but not exclusively making the content publicly accessible or using it commercially, must be agreed upon with the holder of the rights of the respective downloaded content. The user bears full responsibility for all actions related to the data transmitted by Muvi. Muvi does not grant any rights to the contents, as it only acts as a technical service provider. The Site/Client or the apps in the Site/Client, may contain links to third party websites or clients("Linked Sites/Client").The Linked Sites/Client are not under our control and we are not responsible for any Linked Site, including any content contained in a Linked Site or any changes or updates to a Linked Site. We provide links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. The user carries full responsibility for checking the legitimacy of his use of Muvi. Muvi only provides the technical service. Hence, Muvi does not take liability towards the user or any third party for the permissibility of downloading content through Muvi. You represent and warrant to us that: (A) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (B) all registration information you submit is accurate and truthful; and (C) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the services and take full responsibility for the selection and use of and access to the services. This agreement is void where prohibited by law, and the right to access the services is revoked in such jurisdictions. 4. WARRANTY DISCLAIMER To the maximum extent permitted by applicable law, the Site and Content are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance, remains with you. Muvi, its suppliers, and licensors DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement. In particular, Muvi, its suppliers, and licensors make no warranty that the Site or Content: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) any information or content obtained through the SITE will be accurate, complete, or reliable; or (D) that any defects or errors therein will be corrected. All Content you download or obtain through the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You may have additional rights under your local laws that THESE TERMS cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into this document but Muvi’s liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation. 5. CONTACT If you have any questions, complaints, or claims with respect to the Services, please send us a message to: m.me/y2mate.tv Twitter Terms of Service If you live outside the European Union or European Economic Area including the United States, the Twitter User Agreement comprises these Terms of Service, our Privacy Policy, the Twitter Rules and Policies, and all incorporated policies If you live in the European Union or European Economic Area, the Twitter User Agreement comprises these Terms of Service, our Privacy Policy, the Twitter Rules and Policies, and all incorporated policies.     Twitter Terms of Service If you live outside the European Union or European Economic Area including the United States These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services (https://help.twitter.com/en/rules-and-policies/twitter-services-and-corporate-affiliates) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. * 1. Who May Use the Services 2. Privacy 3. Content on the Services 4. Using the Services 5. Disclaimers and Limitations of Liability 6. General   1. Who May Use the Services You may use the Services only if you agree to form a binding contract with Twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old, or in the case of Periscope 16 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.   2. Privacy Our Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter and its affiliates.   3. Content on the Services You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://help.twitter.com/en/rules-and-policies/twitter-report-violation#specific-violations and https://help.twitter.com/en/managing-your-account/suspended-twitter-accounts). If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://help.twitter.com/forms/dmca) or contacting our designated copyright agent at: Twitter, Inc.
Attn: Copyright Agent
1355 Market Street, Suite 900
San Francisco, CA 94103
Reports: https://help.twitter.com/forms/dmca
Email: copyright@twitter.com
(for content on Twitter) Twitter, Inc.
Attn: Copyright Agent - Periscope
1355 Market Street, Suite 900
San Francisco, CA 94103
Reports: https://help.twitter.com/forms/dmca
Email: copyright@pscp.tv
(for content on Periscope) Your Rights and Grant of Rights in the Content You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).
 By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Twitter, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Twitter has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Twitter the license described above.   4. Using the Services Please review the Twitter Rules and Policies (and, for Periscope, the Periscope Community Guidelines at https://www.pscp.tv/content), which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. In consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the technical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Twitter does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. If you use developer features of the Services, including but not limited to Twitter for Websites (https://dev.twitter.com/web/overview), Twitter Cards (https://dev.twitter.com/cards/overview), Public API (https://dev.twitter.com/streaming/public), or Sign in with Twitter (https://dev.twitter.com/web/sign-in), you agree to our Developer Agreement (https://dev.twitter.com/overview/terms/agreement) and Developer Policy (https://dev.twitter.com/overview/terms/policy). If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Twitter Services, these Terms, or the terms provided on dev.twitter.com. If you are a security researcher, you are required to comply with the rules of the Twitter Vulnerability Reporting Program (https://hackerone.com/twitter). The requirements set out in the preceding paragraph may not apply to those participating in Twitter’s Vulnerability Reporting Program. If you use advertising features of the Services, you must agree to our Twitter Master Services Agreement (https://ads.twitter.com/terms). If you use Super Hearts, Coins, or Stars on Periscope, you must agree to our Super Hearts Terms (https://legal.twitter.com/en/periscope/super/terms.html). Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
 You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number. Your License to Use the Services Twitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms.
 The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding Twitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Ending These Terms You may end your legal agreement with Twitter at any time by deactivating your accounts and discontinuing your use of the Services. See https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-account (and for Periscope, https://help.pscp.tv/customer/portal/articles/2460220) for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Twitter Rules and Policies or Periscope Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center (https://help.twitter.com/forms/general?subtopic=suspended).   5. Disclaimers and Limitations of Liability The Services are Available "AS-IS" Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Twitter Entities” refers to Twitter, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TWITTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Twitter Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Twitter Entities or through the Services, will create any warranty or representation not expressly made herein.
 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWITTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
   6. General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at twitter.com/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
 The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Twitter. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
 If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law). In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Twitter’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. If you have any questions about these Terms, please contact us. Effective: January 1, 2020
 Archive of Previous Terms       Twitter Terms of Service If you live in the European Union or European Economic Area These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services (https://help.twitter.com/en/rules-and-policies/twitter-services-and-corporate-affiliates) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. * 1. Who May Use the Services 2. Privacy 3. Content on the Services 4. Using the Services 5. Limitations of Liability 6. General   1. Who May Use the Services You may use the Services only if you agree to form a binding contract with Twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old, or in the case of Periscope 16 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
   2. Privacy Our Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter and its affiliates.   3. Content on the Services You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://help.twitter.com/en/rules-and-policies/twitter-report-violation#specific-violations and https://help.twitter.com/en/managing-your-account/suspended-twitter-accounts). If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://help.twitter.com/forms/dmca) or contacting our designated copyright agent at: Twitter, Inc.
Attn: Copyright Agent
1355 Market Street, Suite 900
San Francisco, CA 94103
Reports: https://help.twitter.com/forms/dmca
Email: copyright@twitter.com
(for content on Twitter) Twitter, Inc.
Attn: Copyright Agent - Periscope
1355 Market Street, Suite 900
San Francisco, CA 94103
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(for content on Periscope) Your Rights and Grant of Rights in the Content You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Twitter, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Twitter has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Twitter the license described above.   4. Using the Services Please review the Twitter Rules and Policies (and, for Periscope, the Periscope Community Guidelines at https://pscp.tv/content), which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. In consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the technical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Twitter does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. If you use developer features of the Services, including but not limited to Twitter for Websites (https://dev.twitter.com/web/overview), Twitter Cards (https://dev.twitter.com/cards/overview), Public API (https://dev.twitter.com/streaming/public), or Sign in with Twitter (https://dev.twitter.com/web/sign-in), you agree to our Developer Agreement (https://dev.twitter.com/overview/terms/agreement) and Developer Policy (https://dev.twitter.com/overview/terms/policy). If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Twitter Services, these Terms, or the terms provided on dev.twitter.com. If you are a security researcher, you are required to comply with the rules of the Twitter Vulnerability Reporting Program (https://hackerone.com/twitter).  The requirements set out in the preceding paragraph may not apply to those participating in Twitter’s Vulnerability Reporting Program. If you use advertising features of the Services, you must agree to our Twitter Master Services Agreement (https://ads.twitter.com/terms). If you use Super Hearts, Coins, or Stars on Periscope, you agree to our Super Hearts Terms (https://legal.twitter.com/en/periscope/super/terms.html). Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
 You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number. Your License to Use the Services Twitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms.
 The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding Twitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Ending These Terms You may end your legal agreement with Twitter at any time by deactivating your accounts and discontinuing your use of the Services. See https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-account (and for Periscope, https://help.pscp.tv/customer/portal/articles/2460220) for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Twitter Rules and Policies or Periscope Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center (https://help.twitter.com/forms/general?subtopic=suspended). For the avoidance of doubt, these Terms survive the deactivation or termination of your account.   5. Limitations of Liability By using the Services you agree that Twitter, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.
   6. General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at twitter.com/tos, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Twitter’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Twitter International Company, an Irish company with its registered office at One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland. If you have any questions about these Terms, please contact us. Effective: January 1, 2020 Archive of Previous Terms Twitter Privacy Policy We believe you should always know what data we collect from you and how we use it, and that you should have meaningful control over both. We want to empower you to make the best decisions about the information that you share with us.

That’s the basic purpose of this Privacy Policy. You should read this policy in full, but here are a few key things we hope you take away from it: Twitter is public and Tweets are immediately viewable and searchable by anyone around the world. We give you non-public ways to communicate on Twitter too, through protected Tweets and Direct Messages. You can also use Twitter under a pseudonym if you prefer not to use your name. When you use Twitter, even if you’re just looking at Tweets, we receive some personal information from you like the type of device you’re using and your IP address. You can choose to share additional information with us like your email address, phone number, address book contacts, and a public profile. We use this information for things like keeping your account secure and showing you more relevant Tweets, people to follow, events, and ads. We give you control through your settings to limit the data we collect from you and how we use it, and to control things like account security, marketing preferences, apps that can access your account, and address book contacts you’ve uploaded to Twitter. You can also download information you have shared on Twitter.  In addition to information you share with us, we use your Tweets, content you’ve read, Liked, or Retweeted, and other information to determine what topics you’re interested in, your age, the languages you speak, and other signals to show you more relevant content. We give you transparency into that information, and you can modify or correct it at any time. If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time.   1 Information You Share With Us We require certain information to provide our services to you. For example, you must have an account in order to upload or share content on Twitter. When you choose to share the information below with us, we collect and use it to operate our services.
   * Basic Account Information Public Information Contact Information and Address Books Direct Messages and Non-Public Communications Payment Information How You Control the Information You Share With Us   1.1 Basic Account Information You don’t have to create an account to use some of our service features, such as searching and viewing public Twitter profiles or watching a broadcast on Periscope’s website. If you do choose to create an account, you must provide us with some personal data so that we can provide our services to you. On Twitter this includes a display name (for example, “Twitter Moments”), a username (for example, @TwitterMoments), a password, and an email address or phone number. Your display name and username are always public, but you can use either your real name or a pseudonym. You can also create and manage multiple Twitter accounts1, for example to express different parts of your identity.
   1.2 Public Information Most activity on Twitter is public, including your profile information2, your time zone and language, when you created your account, and your Tweets and certain information about your Tweets like the date, time, and application and version of Twitter you Tweeted from. You also may choose to publish your location in your Tweets or your Twitter profile. The lists you create, people you follow and who follow you, and Tweets you Like or Retweet are also public. If you like, Retweet, reply, or otherwise publicly engage with an ad on our services, that advertiser might thereby learn information about you associated with the ad with which you engaged such as characteristics of the audience the ad was intended to reach. Periscope broadcasts you create, click on, or otherwise engage with, either on Periscope or on Twitter, are public along with when you took those actions. So are your hearts, comments, the number of hearts you’ve received, which accounts you are a Superfan of, and whether you watched a broadcast live or on replay. Any hearts, comments, or other content you contribute to another account’s broadcast will remain part of that broadcast for as long as it remains on Periscope. Information posted about you by other people who use our services may also be public. For example, other people may tag you in a photo3 (if your settings allow) or mention you in a Tweet. You are responsible for your Tweets and other information you provide through our services, and you should think carefully about what you make public , especially if it is sensitive information. If you update your public information on Twitter, such as by deleting a Tweet or deactivating your account, we will reflect your updated content on Twitter.com, Twitter for iOS, and Twitter for Android. By publicly posting content when you Tweet, you are directing us to disclose that information as broadly as possible, including through our APIs, and directing those accessing the information through our APIs to do the same. To facilitate the fast global dissemination of Tweets to people around the world, we use technology like application programming interfaces (APIs) and embeds to make that information available to websites, apps, and others for their use - for example, displaying Tweets on a news website or analyzing what people say on Twitter. We generally make this content available in limited quantities for free and charge licensing fees for large-scale access. We have standard terms that govern how this data can be used, and a compliance program to enforce these terms. But these individuals and companies are not affiliated with Twitter, and their offerings may not reflect updates you make on Twitter. For more information about how we make public data on Twitter available to the world, visit https://developer.twitter.com.   1.3 Contact Information and Address Books We use your contact information, such as your email address or phone number, to authenticate your account and keep it - and our services - secure, and to help prevent spam, fraud, and abuse. We also use contact information to enable certain account features (for example, for login verification or Twitter via SMS), and to send you information about our services, and to personalize our services, including ads. If you provide us with your phone number, you agree to receive text messages from Twitter to that number as your country’s laws allow. Twitter also uses your contact information to market to you as your country’s laws allow, and to help others find your account if your settings permit, including through third-party services and client applications. You can use your settings for email and mobile notifications to control notifications you receive from Twitter. You can also unsubscribe from a notification by following the instructions contained within the notification or here. You can choose to upload and sync your address book on Twitter so that we can help you find and connect with people you know and help others find and connect with you. We also use this information to better recommend content to you and others. You can sign up for Periscope with an account from another service like Twitter, Google, or Facebook, or connect your Periscope account to these other services. If you do, we will use information from that service, including your email address, friends, or contacts list, to recommend other accounts or content to you or to recommend your account or content to others. You can control whether your Periscope account is discoverable by email through your Periscope settings. If you email us, we will keep the content of your message, your email address, and your contact information to respond to your request.   1.4 Direct Messages and Non-Public Communications We provide certain features that let you communicate more privately or control who sees your content. For example, you can use Direct Messages to have non-public conversations on Twitter, protect your Tweets, or host private broadcasts on Periscope. When you communicate with others by sending or receiving Direct Messages, we will store and process your communications and information related to them. This includes link scanning for malicious content, link shortening to http://t.co URLs, detection of spam4, abuse and prohibited images, and use of reported issues. We also use information about whom you have communicated with and when (but not the content of those communications) to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content. We share the content of your Direct Messages with the people you’ve sent them to; we do not use them to serve you ads. Note that if you interact in a way that would ordinarily be public with Twitter content shared with you via Direct Message, for instance by liking a Tweet, those interactions will be public. When you use features like Direct Messages to communicate, remember that recipients have their own copy5 of your communications on Twitter - even if you delete your copy of those messages from your account - which they may duplicate, store, or re-share.   1.5 Payment Information You may provide us with payment information6, including your credit or debit card number, card expiration date, CVV code, and billing address, in order to purchase advertising or other offerings provided as part of our services.   1.6 How You Control the Information You Share with Us Your Privacy and safety settings let you decide :
 * Whether your Tweets are publicly available on Twitter
 * Whether others can tag you in a photo
 * Whether you will be able to receive Direct Messages from anyone on Twitter or just your followers
 * Whether others can find you based on your email or phone number
 * Whether you upload your address book to Twitter for storage and use
 * When and where you may see sensitive content on Twitter
 * Whether you want to block or mute other Twitter accounts
   2 Additional Information We Receive About You We receive certain information when you use our services or other websites or mobile applications that include our content, and from third parties including advertisers. Like the information you share with us, we use the data below to operate our services. * Location Information Links Cookies Log Data Twitter for Web Data Advertisers and Other Ad Partners Developers Other Third Parties and Affiliates Personalizing Across Your Devices How You Control Additional Information We Receive   2.1 Location Information We require information about your signup and current location, which we get from signals such as your IP address or device settings, to securely and reliably set up and maintain your account and to provide our services to you. Subject to your settings, we may collect, use, and store additional information about your location  - such as your current precise position or places where you’ve previously used Twitter - to operate or personalize our services including with more relevant content like local trends, stories, ads, and suggestions for people to follow. Learn more about Twitter’s use of location here, and how to set your Twitter location preferences here. Learn more about how to share your location in Periscope broadcasts here.   2.2 Links In order to operate our services, we keep track of how you interact with links across our services. This includes links in emails we send you and links in Tweets that appear on other websites or mobile applications. If you click on an external link or ad on our services, that advertiser or website operator might figure out that you came from Twitter or Periscope, along with other information associated with the ad you clicked such as characteristics of the audience it was intended to reach. They may also collect other personal data from you, such as cookie identifiers or your IP address.   2.3 Cookies A cookie is a small piece of data that is stored on your computer or mobile device. Like many websites, we use cookies and similar technologies to collect additional website usage data and to operate our services. Cookies are not required for many parts of our services such as searching and looking at public profiles. Although most web browsers automatically accept cookies, many browsers’ settings can be set to decline cookies or alert you when a website is attempting to place a cookie on your computer7. However, some of our services may not function properly if you disable cookies. When your browser or device allows it, we use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage patterns, and to personalize and otherwise operate our services such as by providing account security, personalizing the content we show you including ads, and remembering your language preferences. We do not support the Do Not Track browser option. You can learn more about how we use cookies and similar technologies here.   2.4 Log Data We receive information when you view content on or otherwise interact with our services, which we refer to as “Log Data,” even if you have not created an account. For example, when you visit our websites, sign into our services, interact with our email notifications, use your account to authenticate to a third-party service, or visit a third-party service that includes Twitter content, we may receive information about you. This Log Data includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms (including those not submitted as queries), and cookie information. We also receive Log Data when you click on, view, or interact with links on our services, including when you install another application through Twitter. We use Log Data to operate our services and ensure their secure, reliable, and robust performance. For example, we use Log Data to protect the security of accounts and to determine what content is popular on our services. We also use this data to improve the content we show you, including ads and to improve the effectiveness of our own marketing. We use information you provide to us and data we receive, including Log Data and data from third parties , to make inferences like what topics you may be interested in, how old you are, and what languages you speak. This helps us better promote and design our services for you and personalize the content we show you, including ads.   2.5 Twitter for Web Data When you view our content on third-party websites  that integrate Twitter content such as embedded timelines or Tweet buttons, we may receive Log Data that includes the web page you visited. We use this information to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content, including ads. We do not associate this web browsing history with your name, email address, phone number, or username, and we delete, obfuscate, or aggregate it after no longer than 30 days. We do not collect this data from browsers that we believe to be located in the European Union or EFTA States.
   2.6 Advertisers and Other Ad Partners Advertising revenue allows us to support and improve our services. We use the information described in this Privacy Policy to help make our advertising more relevant to you, to measure its effectiveness, and to help recognize your devices to serve you ads on and off of Twitter. Our ad partners and affiliates share information with us such as browser cookie IDs, mobile device IDs, hashed email addresses, demographic or interest data, and content viewed or actions taken on a website or app . Some of our ad partners, particularly our advertisers, also enable us to collect similar information directly from their website or app by integrating our advertising technology. Information shared by ad partners and affiliates or collected by Twitter from the websites and apps of ad partners and affiliates may be combined with the other information you share with Twitter and that Twitter receives about you described elsewhere in our Privacy Policy. Twitter adheres to the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising (also referred to as “interest-based advertising”) and respects the DAA’s consumer choice tool for you to opt out of interest-based advertising at https://optout.aboutads.info. In addition, our ads policies prohibit advertisers from targeting ads based on categories that we consider sensitive or are prohibited by law, such as race, religion, politics, sex life, or health. Learn more about your privacy options for interest-based ads here and about how ads work on our services here. If you are an advertiser or a prospective advertiser, we process your personal data to help offer and provide our advertising services. You can update your data in your Twitter Ads dashboard or by contacting us directly as described in this Privacy Policy.   2.7 Developers If you access our APIs or developer portal, we process your personal data to help provide our services. You can update your data by contacting us directly as described in this Privacy Policy.   2.8 Other Third Parties and Affiliates We may receive information about you from third parties who are not our ad partners, such as others on Twitter, partners who help us evaluate the safety and quality of content on our platform, our corporate affiliates, and other services you link to your Twitter account. You may choose to connect your Twitter account to accounts on another service, and that other service may send us information about your account on that service. We use the information we receive to provide you features like cross-posting or cross-service authentication, and to operate our services. For integrations that Twitter formally supports, you may revoke this permission at any time from your application settings; for other integrations, please visit the other service you have connected to Twitter.   2.9 Personalizing Based On Your Inferred Identity When you log into Twitter on a browser or device, we will associate that browser or device with your account for purposes such as authentication, security, and personalization. Subject to your settings, we may also associate your account with browsers or devices other than those you use to log into Twitter (or associate your logged-out device or browser with other browsers or devices). When you provide other information to Twitter, including an email address, we associate that information with your Twitter account. Subject to your settings, we may also use this information in order to infer other information about your identity, for example by associating your account with hashes of email addresses that share common components with the email address you have provided to Twitter. We do this to operate and personalize our services . For example, if you visit websites with sports content on your laptop, we may show you sports-related ads on Twitter for Android and, if the email address associated with your account shares components with another email address, such as shared first name, last name, or initials, we may later match advertisements to you from advertisers that were trying to reach email addresses containing those components.   2.10 How You Control Additional Information We Receive Your Twitter Personalization and data settings let you decide : * Whether we show you interest-based ads on and off Twitter
 * How we personalize based on your inferred identity
 * Whether we collect and use your precise location
 * Whether we personalize your experience based on where you’ve been
 * Whether we keep track of the websites where you see Twitter content
 You can use Your Twitter data to review:
 * Advertisers who have included you in tailored audiences to serve you ads
 * Demographic and interest data about your account from our ads partners
 * Information that Twitter has inferred about you such as your age range, gender, languages, and interests
 We also provide a version of these tools on Twitter if you don’t have a Twitter account, or if you’re logged out of your account. This lets you see the data and settings for the logged out browser or device you are using, separate from any Twitter account that uses that browser or device. On Periscope, you can control whether we personalize your experience based on your watch history through your settings. Please see here for more details of how we collect and use your data.   3 Information We Share and Disclose As noted above, Twitter is designed to broadly and instantly disseminate information you share publicly through our services. In the limited circumstances where we disclose your private personal data, we do so subject to your control, because it’s necessary to operate our services, or because it’s required by law. * Sharing You Control Service Providers Law, Harm, and the Public Interest Affiliates and Change of Ownership Non-Personal Information   3.1 Sharing You Control We share or disclose your personal data with your consent or at your direction, such as when you authorize a third-party web client or application to access your account or when you direct us to share your feedback with a business. If you’ve shared information like Direct Messages or protected Tweets with someone else who accesses Twitter through a third-party service, keep in mind that the information may be shared with the third-party service. Subject to your settings, we also provide certain third parties with personal data to help us offer or operate our services. For example, we share with advertisers the identifiers of devices that saw their ads, to enable them to measure the effectiveness of our advertising business. You can learn more about these partnerships in our Help Center, and you can control whether Twitter shares your personal data in this way by using the “Share your data with Twitter’s business partners” option in your Personalization and Data settings. (This setting does not control sharing described elsewhere in our Privacy Policy, such as when we share data with our service providers.) The information we share with these partners does not include your name, email address, phone number, or Twitter username, but some of these partnerships allow the information we share to be linked to other personal information if the partner gets your consent first.   3.2 Service Providers We engage service providers to perform functions and provide services to us in the United States, Ireland, and other countries. For example, we use a variety of third-party services to help operate our services, such as hosting our various blogs and wikis, and to help us understand the use of our services, such as Google Analytics. We may share your private personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions (service providers may use other non-personal data for their own benefit). We share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.   3.3 Law, Harm, and the Public Interest Notwithstanding anything to the contrary in this Privacy Policy or controls we may otherwise offer to you, we may preserve, use, or disclose your personal data or other safety data if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services, or to explain why we have removed content or accounts from our services8; to address fraud, security, or technical issues; or to protect our rights or property or the rights or property of those who use our services. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your personal data.   3.4 Affiliates and Change of Ownership In the event that we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your personal data may be sold or transferred as part of that transaction. This Privacy Policy will apply to your personal data as transferred to the new entity. We may also disclose personal data about you to our corporate affiliates in order to help operate our services and our affiliates’ services, including the delivery of ads.   3.5 Non-Personal Information We share or disclose non-personal data, such as aggregated information like the total number of times people engaged with a Tweet, demographics, the number of people who clicked on a particular link or voted on a poll in a Tweet (even if only one did), the topics that people are Tweeting about in a particular location, some inferred interests, or reports to advertisers about how many people saw or clicked on their ads.   4 Managing Your Personal Information With Us You control the personal data you share with us. You can access or rectify this data at any time. You can also deactivate your account. We also provide you tools to object, restrict, or withdraw consent where applicable for the use of data you have provided to Twitter. And we make the data you shared through our services portable and provide easy ways for you to contact us. Please note, to help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with deletion, portability, or other related requests.
 * Accessing or Rectifying Your Personal Data Deletion Object, Restrict, or Withdraw Consent Portability Additional Information or Assistance   4.1 Accessing or Rectifying Your Personal Data If you have registered an account on Twitter, we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us and associated with your account. You can download certain account information, including your Tweets, by following the instructions here. On Periscope, you can request correction, deletion, or modification of your personal data, and download your account information, by following the instructions here. You can learn more about the interests we have inferred about you in Your Twitter Data and request access to additional information here. To submit a request related to access, modification or deletion of your information, you may also contact us as specified in the How To Contact Us section of our Privacy Policy (Additional Information or Assistance).   4.2 Deletion We keep Log Data for a maximum of 18 months. If you follow the instructions here (or for Periscope here), your account will be deactivated. When deactivated, your Twitter account, including your display name, username, and public profile, will no longer be viewable on Twitter.com, Twitter for iOS, and Twitter for Android. For up to 30 days after deactivation it is still possible to restore your Twitter account if it was accidentally or wrongfully deactivated. Keep in mind that search engines and other third parties may still retain copies of your public information, like your profile information and public Tweets, even after you have deleted the information from our services or deactivated your account. Learn more here.   4.3 Object, Restrict, or Withdraw Consent When you are logged into your Twitter account, you can manage your privacy settings and other account features here at any time. It may take a short amount of time for privacy settings to be fully reflected throughout our systems.   4.4 Portability Twitter provides you a means to download the information you have shared through our services by following the steps here. Periscope provides you a means to download the information you have shared through our services by following the steps here.   4.5 Additional Information or Assistance Thoughts or questions about this Privacy Policy? Please let us know by contacting us here or writing to us at the appropriate address below. If you live in the United States or any other country outside of the European Union or the European Economic Area, the data controller responsible for your personal data is Twitter, Inc. with an address of: Twitter, Inc.
Attn: Privacy Policy Inquiry
1355 Market Street, Suite 900
San Francisco, CA 94103 If you live in the European Union or European Economic Area, the data controller is Twitter International Company, with an address of: Twitter International Company
Attn: Data Protection Officer
One Cumberland Place, Fenian Street
Dublin 2, D02 AX07 IRELAND You can confidentially contact Twitter’s Data Protection Officer here. If you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority or Twitter International Company’s lead supervisory authority, the Irish Data Protection Commission. You can find their contact details here.   5 Children and Our Services   Our services are not directed to children, and you may not use our services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 16 years of age to use Periscope.   6 Our Global Operations and Privacy Shield   To bring you our services, we operate globally. Where the laws of your country allow you to do so, you authorize us to transfer, store, and use your data in the United States, Ireland, and any other country where we operate. In some of the countries to which we transfer personal data, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those of your country. Learn more about our global operations and data transfer here. When we transfer personal data outside of the European Union or EFTA States, we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws, contractual obligations placed on the recipient of the data (model clauses may be requested by inquiry as described below), or EU-US and Swiss-US Privacy Shield principles. Twitter, Inc. complies with the EU-US and Swiss-US Privacy Shield principles (the “Principles”) regarding the collection, use, sharing, and retention of personal data from the European Union and Switzerland, as described in our EU-US Privacy Shield certification and Swiss-US Privacy Shield certification. If you have a Privacy Shield-related complaint, please contact us here. As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Principles, we will seek to resolve it through our internal complaint resolution process, alternatively through the independent dispute resolution body JAMS, and under certain conditions, through the Privacy Shield arbitration process. Privacy Shield participants are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain circumstances, participants may be liable for the transfer of personal data from the EU or Switzerland to third parties outside the EU and Switzerland. Learn more about the EU-US Privacy Shield and Swiss-US Privacy Shield here.   7 Changes to This Privacy Policy   We may revise this Privacy Policy from time to time. The most current version of the policy will govern our processing of your personal data and will always be at https://twitter.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an @Twitter update or email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree9 to be bound by the revised Privacy Policy.   Effective: January 1, 2020 Archive of Previous Privacy Policies 1 The many sides of you. Let your identify run free. Explore your interests with a number of different identities.
2 Hello, World. Your profile information is displayed under your photo and username on your profile page.
3 Keep a low profile. Friend want to tag you in a photo? Lucky you. If you're not into that sort of thing, you can always change your settings.
4 Spam stinks. We scan your Direct Messages to try and prevent spam for you and our service.
5 Just like email. Only send Direct Messages to people you trust. Remember, even though someone can’t Retweet your Direct Messages, they still have a copy of your message.
6 Approved by you. We use your payment information to process transactions you’ve approved and for fraud detection.
7 Not hungry? You can change your cookie settings in your web browser.
8 Transparency matters. We remove content from our services when it violates our rules, like if it glorifies violence. When that content is gone, we want you to know. 
9 You’re in control. Even as Twitter evolves, you can always change your privacy settings. The power is yours to choose what you share in the world. Twitter Cookies Policy Our use of cookies and similar technologies Our services use cookies and other similar technologies, such as pixels or local storage, to help provide you with a better, faster, and safer experience. Here are some of the ways that our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, and ads, use these technologies: to log you into Twitter and Periscope, save your preferences, personalize the content you see, protect against spam and abuse, and show you more relevant ads.
 Below we explain how Twitter, our partners, and other third parties use these technologies, your privacy settings, and the other options you have. What are cookies, pixels, and local storage? Cookies are small files that websites place on your computer as you browse the web. Like many websites, Twitter, Periscope, and our other services use cookies to discover how people are using our services and to make them work better. A pixel is a small amount of code on a web page or in an email notification. As many services do, we use pixels to learn whether you’ve interacted with certain web or email content. This helps us measure and improve our services and personalize your experience. Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customize what we show you based on your past interactions with our services. Why do our services use these technologies?
 Our services use these technologies to deliver, measure, and improve our services in various ways. These uses generally fall into one of the following categories:
 * Authentication and security: * To log you into Twitter and Periscope.
 * To protect your security. * To let you to view content with limited distribution. * To help us detect and fight spam, abuse, and other activities that violate the Twitter Rules and the Periscope Community Guidelines. * For example, these technologies help authenticate your access to Twitter and Periscope and prevent unauthorized parties from accessing your account. They also let us show you appropriate content through our services. * Preferences: * To remember information about your browser and your preferences. * For example, cookies help us remember your preferred language or the country that you are in. We can then provide you with Twitter and Periscope content in your preferred language without having to ask you each time you visit Twitter or Periscope. On Twitter, we can also customize content based on your country, such as showing you what topics are trending near you, or to withhold certain content based on applicable local laws. Learn more about trends and country withheld content. * Analytics and research: * To help us improve and understand how people use our services, including Twitter buttons and widgets, and Twitter Ads. * For example, cookies help us test different versions of our services to see which particular features or content users prefer. We might also optimize and improve your experience on Twitter and Periscope by using cookies to see how you interact with our services, such as when and how often you use them and what links you click on. We may use Google Analytics to assist us with this. Learn more about the cookies you may encounter through our use of Google Analytics. We might also use cookies to count the number of users that have seen a particular embedded Tweet or timeline. Learn more about the analytics cookies used by Twitter for Websites widgets. * Personalized content: * To customize our services with more relevant content, like tailored trends, stories, ads, and suggestions for people to follow. * For example, local storage tells us which parts of your Twitter timeline or Periscope Global Feed you have viewed already so that we can show you the appropriate new content. Cookies can help us make smarter and more relevant suggestions about who you might enjoy following based on your visits to websites that have integrated Twitter embeds, including embedded timelines. * Advertising: * To help us deliver ads, measure their performance, and make them more relevant to you based on criteria like your activity on Twitter and visits to our ad partners' websites. * For example, we use cookies and pixels to personalize ads and measure their performance. Using these technologies, we can show you ads and evaluate their effectiveness based on your visits to our ad partners' websites. This helps advertisers provide high-quality ads and content that might be more interesting to you. * We also work with third-party advertising partners, including Google, to market our services and serve ads on behalf of our advertisers, including through the delivery of interest-based ads.
 * Personalization across devices: * By better understanding how devices are related, we can use information from one device to help personalize the Twitter experience on another device. * When you log in to Twitter on a device, we associate that device with your Twitter account. Whether or not you are logged in to Twitter, we may also receive information about your devices when, for example, that information is shared by a partner; you visit Twitter.com; you visit third-party websites that integrate Twitter content; or you visit a Twitter advertiser’s website or mobile application. We may use this information, most commonly IP addresses and the time at which the information was received, to infer that certain devices are associated with one another, including the devices on which you log in to Twitter. To learn more about the devices associated with your account, check out Your Twitter Data while logged in. To learn more about the other devices associated with the device or browser you are currently using, visit Your Twitter Data while logged out. Where are these technologies used? We (along with third parties) use these technologies on our websites, applications, and services and on other websites, applications, and services that have integrated our services, including third-party properties that incorporate our advertising technology. This includes our ad partners’ websites and sites that use our embeds, including embedded timelines. Third parties may also use these technologies, for example, when you click on links from our websites or applications, view or interact with third-party content from within our services, or visit third-party websites that incorporate our advertising technology.
 What are my privacy options? We are committed to offering you meaningful privacy choices. You have a number of options to control or limit how we, our partners, and other third parties use cookies:
 * To control whether Twitter stores information about other websites where you’ve seen Twitter content, adjust the Track where you see Twitter content across the web setting in your Personalization and data settings. If you have this setting disabled or are in the European Union or EFTA States, Twitter will not store or use such web page visits to improve your experience in the future. If we’ve previously stored your web browsing history, your experience may continue to be personalized based on information already inferred from that history. * If you do not want Twitter to show you interest-based ads on and off of Twitter, there are several ways to turn off this feature: * Using your Twitter settings, visit the Personalization and data settings and adjust the setting Personalize ads. * If you are on the web, you can visit the Digital Advertising Alliance’s consumer choice tool at optout.aboutads.info to opt out of seeing interest-based advertising from Twitter in your current browser. * If you do not want Twitter to show you interest-based ads in Twitter for iOS on your current mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings.  * If you do not want Twitter to show you interest-based ads in Twitter for Android on your current mobile device, enable “Opt out of Ads Personalization” in your Android phone’s settings. * To control personalization across devices on Twitter, visit your Personalization and data settings and adjust the Personalize across all your devices setting. This will control whether we link your account to browsers or devices other than the ones you use to log into Twitter (or if you’re logged out, whether we link the browser or device you’re currently using to any other browsers or devices).
 * To control interest-based advertising from certain third-party advertising partners, you can learn more about opting out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices. If you are on the web, you can also opt out of Google Analytics by installing Google’s opt-out browser add-on, and opt out of interest-based Google ads using Google’s Ads Settings. * To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. Although cookies are not required for some parts of our services, Twitter and Periscope may not work properly if you disable cookies entirely. For example, you cannot log into twitter.com or pscp.tv if you've disabled all cookie use.
 Note: Please confirm that you are logged in if you want to view or change the web settings for your Twitter account. Changing your Twitter settings in your web browser when you are logged out will only affect behavior on that browser while you are not logged in to Twitter. Learn more about how to access your Personalization and data settings, including in your Twitter mobile app. LinkedIn Pages Terms Introduction Our mission is to connect the world’s professionals to enable them to be more productive and successful.  LinkedIn Pages (“Business Services”) are designed to help organizations be found by customers, partners, employment candidates and others and to provide these organizations the chance to connect and to provide valuable information to LinkedIn members. Learn More about LinkedIn Pages. 1. Contract You are entering into additional contract terms that govern the use of the LinkedIn Pages services. By creating, becoming an Administrator (as defined below), or continuing as an Administrator of a page (the “Page”) on our Business Services, you are agreeing to enter into legally binding contract terms between LinkedIn (as defined below and also referred to as “we”,“us” and “our” ) and your Organization (as defined below) represented by the Page.  “Organization” means the business represented by your Page, which may only be a legal entity (such as a university or company) or you, if you are operating the business in your individual capacity (such as a sole proprietorship).  You also represent and warrant that you are authorized to enter into these contract terms on behalf of the Organization (collectively with the Organization, you and the other Administrators, if any, “You”). If You do not agree to this contract (the “Contract” or “Service Terms”), do not register as an Administrator and do not access or otherwise use any of our Business Services (including creating, claiming or continuing as an Administrator for the Page).   In addition to the Service Terms, the LinkedIn User Agreement, Privacy Policy and Cookie Policy apply to any use of our services.  Additional terms may apply to specific features. For example, if You purchase premium features for the Page, such features may be subject to additional terms and payment obligations. 2. Obligations Here are some promises that you make to us in this Contract:   * You have at least one Administrator with up to date contact information.
 * You will use your Organization’s real name and keep it up to date.
 * You will use the Business Services for legal purposes.
 * You will comply with our “Do’s and Don’ts”.
 * You will be truthful about your personal data practices and comply with the laws that apply to your use of the Business Services.
 You agree to only use the Business Services in accordance with these Service Terms. 2.1     Administrators.  “Administrator(s)” are Member(s) who have signed up on the Business Services to be (or who were added as) “administrators” of the Page.  Learn More about Administrators.  You acknowledge and agree that:   * The Page must have at least one Administrator identified for the Page.  
 * Each Administrator of the Page must be a current registered member of LinkedIn.com (“Member”) with correct contact information.
 2.2     Name Changes and Mergers.   Subject to Section 4, You agree to accurately reflect the identity of the Organization on the Page and to promptly update any name changes of the Organization, including any that may result from mergers, acquisitions or other restructuring.  Please Contact Us with requests related to the Page. 2.3     Content and Conduct.  You agree that: * You will follow our “Do’s and Don’ts,” and keep content professional, respectful, relevant, and accurate.
 * You will only post content that is truthful and does not infringe anyone else’s rights.
 * You will only use the Business Services to identify and promote your own Organization.
 * Your Organization operates a lawful business in accordance with applicable laws.
 * You will ensure that all of the Organization’s actions (including by any Administrator) regarding the Page (such as all posts, additions, and deletions) comply with all applicable laws. 2.4     Compliance with Data Policies.   As with our other LinkedIn services, our collection, use and sharing of Your personal data is subject to our Privacy Policy (which includes our Cookie Policy and other documents referenced in the Privacy Policy) and updates.  You agree that You will comply with the Service Terms when collecting, using or otherwise processing any personal data related to Members.  If You process data about Members (obtained either directly from LinkedIn services, from any third party application that has integrated with LinkedIn's APIs, or otherwise), You must ensure that You have a legal basis for doing so and that Your processing is in compliance with applicable laws (including by clearly informing the Members about Your processing and obtaining their unambiguous consent where necessary).  You are responsible for Your and Your agents’ processing of this data, including with respect to any secondary uses, disclosures or transfers of the data. 2.5     Company Page Insights.  The provision of information available to Administrators under the Page Analytics tab (“Page Insights”), if any, is subject to our  Page Insights Joint Controller Addendum (the “Addendum”), which forms part of these Service Terms.   3. Intellectual Property You grant LinkedIn a license to the content you provide to us on the Business Services or suggest to us. 3.1     License.  You grant to LinkedIn (and its affiliates) a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish any content You provide to LinkedIn.  The foregoing license survives termination of this Contract with regard to content provided prior to termination. You represent and warrant that you own or have all necessary rights (including intellectual property rights) to such content (including to grant the license above).

3.2  Feedback and Reservations of Rights. If You choose to provide suggestions and feedback to LinkedIn, You agree that LinkedIn (and its affiliates) can (but does not have to) use and share such feedback for any purpose without compensation to You. You may not disclose any information about our metrics or Member demographics. LinkedIn (and its affiliates) reserve all of our intellectual property rights in the Business Services. 4. Page Service Limits You agree that the identity of Administrators is public to others and that LinkedIn may suspend, change or end the Business Services, or your Page.  You also agree that we can remove, and are not obligated to store, your Page content. You acknowledge and agree that: * Any Administrator’s identity and actions related to the Page may be visible to others, including visitors and other Administrators of the Page.
 * We may add or suspend any Administrator’s access to the Business Services (including administration of the Page) at any time at our own discretion.
 * We may change or discontinue any of our services, including Business Services.  In addition, LinkedIn reserves the right to remove any Page on the Business Services at any time without notice, including all, or part of, the Page’s content.
 * We may modify the Page in accordance with our policies.  For example, we may modify the Organization name on the Page and add clarification statements to the Page to address member confusion or conflicting trademark rights.  In addition, we may (a) restrict any name change and have no obligations to perform any change, merger or other request, and (b) determine how name changes will be represented on profiles and on other references to the Organization on LinkedIn services.
 * We are not obligated to publish any information or content on our Business Services (or other services) and can remove it in our sole discretion, with or without notice.  LinkedIn may be required by law to remove certain information or content in certain countries.
 * We do not promise to store or keep showing any information and content that You have posted.  We have no obligation to store, maintain or provide You a copy of any content or information that You or others provide, except to the extent required by applicable laws and as noted in our Privacy Policy.
 5. Modification and Termination We reserve the right to make changes to the Contract, and you and LinkedIn can each end this Contract anytime we want. 5.1     Modification of Contract.  We may modify this Contract from time to time. If we make material changes to the Contract, we will attempt to provide You notice through our Business Services (or by other means) to provide You the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If You object to any changes, You may terminate Your agreement to this Contract (in accordance with Section 5.2); however if You do not terminate Your agreement to this Contract, Your continued use of our Business Services after we publish or otherwise notify You about our changes to these terms means that You are consenting to the updated terms. 
5.2     Termination of Contract.  If You wish to terminate this Contract, at any time You can do so by (1) removing all Administrators of the Page, including Yourself (and others, if applicable); (2) deactivating the Page; (3) if you are the only Administrator, closing your LinkedIn account; and/or (4) notifying LinkedIn through Contact Us.  LinkedIn has no obligation to de-activate the Page (even after termination).  LinkedIn may terminate this Contract by de-activating the Page and/or by providing notice to at least one Administrator or otherwise to the Organization. Sections 2.4-10 survive termination. 6. Warranty Disclaimer This is our disclaimer of legal liability for the use of the Business Services. LINKEDIN MAKES NO REPRESENTATION OR WARRANTY ABOUT THE BUSINESS SERVICES, INCLUDING ANY REPRESENTATION THAT THE BUSINESS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, LINKEDIN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Limitation of Liability These are the limits of LinkedIn’s legal liability for the Business Services. 7.1     DAMAGES WAIVER. SUBJECT TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.   7.2     LIABILITY CAP. SUBJECT TO SECTION 7.3, TO THE FULLEST EXTENT PERMITTED BY LAW, LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THE BUSINESS SERVICES FOR AN AMOUNT THAT EXCEEDS $2,000 USD. 7.3     EXCLUSIONS. THE LIMITATIONS OF LIABILITY STATED IN SECTIONS 7.1 AND 7.2 DO NOT APPLY TO LINKEDIN’S LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR ITS LIABILITY FOR DEATH OR PERSONAL INJURY. 8. Entity and Dispute Resolution More about the LinkedIn entity that You are doing business with and how disputes will be resolved. 8.1     LinkedIn Entity.  You are entering into this Contract with LinkedIn Corporation (if you are an individual residing outside of the Designated Countries or if you are a business entity with a principal place of business outside of or with a headquarters based outside of the Designated Countries), 1000 West Maude Avenue, Sunnyvale, California 94085, USA or LinkedIn Ireland Unlimited Company (if you are an individual residing in the Designated Countries or if you are a business entity with a principal place of business in or with headquarters based in the Designated Countries), Gardner House, Wilton Plaza, Wilton Place, Dublin 2, Ireland.  We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
 8.2     Governing Law.  If an issue arises under this Contract and the contracting LinkedIn entity is (a) LinkedIn Corporation, then this Contract is governed by the laws of the State of California, and any action or proceeding (including those arising from non-contractual disputes or claims) related to this Contract will be brought in a state or federal court in Santa Clara County, California; or (b) LinkedIn Ireland Unlimited Company, then this Contract is governed by the laws of Ireland, and any action or proceeding (including those arising from non-contractual disputes or claims) related to this Contract will be brought in Dublin, Ireland.  Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs. 9. Miscellaneous Here are some important details about this Contract. You may not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding of any person relating to the subject matter of the Contract, other than as stated in the Contract.  We may notify you within the Business Services or via the contact information of one or more Administrators provided us (e.g., email, mobile number, physical address of any Administrator and/or Organization). You agree to keep your contact information up to date.  LinkedIn accepts service of process at the address identified here.  Any notices that You provide without compliance with this Section shall have no legal effect.  If we do not act to enforce a breach of this Contract, that does not mean that LinkedIn has waived its right to enforce this Contract.  The Contract does not create a partnership, agency relationship, or joint venture between the parties. Neither party has the power or authority to bind the other or to create any obligation or responsibility on behalf of the other.  Under no circumstances will any employee of one party be deemed to be the employee of the other. You may not assign this Contract in whole or in part without LinkedIn’s prior written consent. Any attempted assignment in violation of this restriction is void.  The Contract shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. If the Contract is translated into a language other than English, the translation is for convenience only, and the English language version will govern.  LinkedIn may remotely monitor Your use of the Business Services to ensure compliance with the Contract. If any provision of the Contract is unenforceable, that provision will be modified to render it enforceable to the extent possible to give effect to the parties’ intentions and the remaining provisions will not be affected. Samsung Notice of Changes to the Customization Service Date : 2017-11-08 (View archived versions) Dear customers, We would like to express sincere thanks to customers who are using Samsung services. Today, we would like to inform our customers of changes made in this update. ■ Updated Terms: Privacy Notice for the Customization Service ■ Update Date: Sep. 13, 2017 (Note that the updated information shall come into effect from the date you consent to the Privacy Notice.) ■ Summary of the Update - We made an effort to describe the Customization Service in more detail to help our customers understand the service more easily and feel more secure while using it. For instance, you can find out in detail what kinds of information we collect, how we utilize such information, and what features we provide to protect your personal information. - To provide a broader user experience and a variety of customized features, the range of information utilized by the Customization Service has been widened.  Complex commands can be executed smartly by collectively analyzing information you have registered in Samsung’s devices and services while using them (e.g., information you provided when you signed up for Samsung account, and your profile information) and your usage history (e.g., voice commands given via the voice recognition service, notifications set in Reminder, and weather data provided).  If you agree to connect to the Customization Service via a service provided by another business operator, we can offer a broader range of customized features and content based on the information provided by the relevant service. - The purpose of utilizing collected information has been specified more clearly.  Collected and analyzed information is utilized not only to provide you with customized content and information via Samsung’s devices and services, but also for service improvement and development through statistical analysis in an effort to deliver a higher quality service to you.  The customized content and information specified above may include promotions, events, advertisements, etc. that are legally posted and provided. For example, when advertisements are inevitably displayed within an app to provide the service for free or when they are sent to you in accordance with your consent to receive marketing materials, we endeavor to deliver the information that you will find most useful based on the information analyzed by the Customization Service. If you wish to view general promotions, events, and advertisements only, you may change your settings via the Privacy menu in Samsung account. You can find more information about the updated Customization Service at any time on the Samsung account website (https://account.samsung.com/membership/pp). Should you have questions about the changes, please contact us by going to http://help.content.samsung.com and submitting your inquiry. Again, we would like to thank our customers for using Samsung services. Node.js Software License Agreement Node.js is licensed for use as follows: Copyright Node.js contributors. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. This license applies to parts of Node.js originating from the https://github.com/joyent/node repository: Copyright Joyent, Inc. and other Node contributors. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The Node.js license applies to all parts of Node.js that are not externally maintained libraries. The externally maintained libraries used by Node.js are: - Acorn, located at deps/acorn, is licensed as follows: Copyright (C) 2012-2018 by various contributors (see AUTHORS) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - Acorn plugins, located at deps/acorn-plugins, is licensed as follows: Copyright (C) 2017-2018 by Adrian Heine Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - c-ares, located at deps/cares, is licensed as follows: Copyright (c) 2007 - 2018, Daniel Stenberg with many contributors, see AUTHORS file. Copyright 1998 by the Massachusetts Institute of Technology. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of M.I.T. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. M.I.T. makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty. - HTTP Parser, located at deps/http_parser, is licensed as follows: Copyright Joyent, Inc. and other Node contributors. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - ICU, located at deps/icu-small, is licensed as follows: COPYRIGHT AND PERMISSION NOTICE (ICU 58 and later) Copyright © 1991-2019 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in https://www.unicode.org/copyright.html. Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that either (a) this copyright and permission notice appear with all copies of the Data Files or Software, or (b) this copyright and permission notice appear in associated Documentation. THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder. Third-Party Software Licenses This section contains third-party software notices and/or additional terms for licensed third-party software components included within ICU libraries. 1. ICU License - ICU 1.8.1 to ICU 57.1 COPYRIGHT AND PERMISSION NOTICE Copyright (c) 1995-2016 International Business Machines Corporation and others All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder. All trademarks and registered trademarks mentioned herein are the property of their respective owners. 2. Chinese/Japanese Word Break Dictionary Data (cjdict.txt) The Google Chrome software developed by Google is licensed under the BSD license. Other software included in this distribution is provided under other licenses, as set forth below. The BSD License http://opensource.org/licenses/bsd-license.php Copyright (C) 2006-2008, Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The word list in cjdict.txt are generated by combining three word lists listed below with further processing for compound word breaking. The frequency is generated with an iterative training against Google web corpora. * Libtabe (Chinese) - https://sourceforge.net/project/?group_id=1519 - Its license terms and conditions are shown below. * IPADIC (Japanese) - http://chasen.aist-nara.ac.jp/chasen/distribution.html - Its license terms and conditions are shown below. - --------COPYING.libtabe ---- BEGIN-------------------- /* * Copyright (c) 1999 TaBE Project. * Copyright (c) 1999 Pai-Hsiang Hsiao. * All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * . Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * . Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. * . Neither the name of the TaBE Project nor the names of its * contributors may be used to endorse or promote products derived * from this software without specific prior written permission. * * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED * OF THE POSSIBILITY OF SUCH DAMAGE. * / /* * Copyright (c) 1999 Computer Systems and Communication Lab, * Institute of Information Science, Academia * Sinica. All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions * are met: * * . Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * . Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in * the documentation and/or other materials provided with the * distribution. * . Neither the name of the Computer Systems and Communication Lab * nor the names of its contributors may be used to endorse or * promote products derived from this software without specific * prior written permission. * * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED * OF THE POSSIBILITY OF SUCH DAMAGE. * / Copyright 1996 Chih-Hao Tsai @ Beckman Institute,
University of Illinois
c-tsai4@uiuc.edu http://casper.beckman.uiuc.edu/~c-tsai4 - --------------COPYING.libtabe-----END-------------------------------- - --------------COPYING.ipadic-----BEGIN------------------------------- Copyright 2000, 2001, 2002, 2003 Nara Institute of Science and Technology. All Rights Reserved. Use, reproduction, and distribution of this software is permitted. Any copy of this software, whether in its original form or modified, must include both the above copyright notice and the following paragraphs. Nara Institute of Science and Technology (NAIST),
the copyright holders, disclaims all warranties with regard to this software, including all implied warranties of merchantability and fitness, in no event shall NAIST be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of this software. A large portion of the dictionary entries
originate from ICOT Free Software. The following conditions for ICOT Free Software applies to the current dictionary as well. Each User may also freely distribute the Program, whether in its original form or modified, to any third party or parties, PROVIDED that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear on, or be attached to, the Program, which is distributed substantially in the same form as set out herein and that such intended distribution, if actually made, will neither violate or otherwise contravene any of the laws and regulations of the countries having jurisdiction over the User or the intended distribution itself. NO WARRANTY The program was produced on an experimental basis in the course of the research and development conducted during the project and is provided to users as so produced on an experimental basis. Accordingly, the program is provided without any warranty whatsoever, whether express, implied, statutory or otherwise. The term "warranty" used herein includes, but is not limited to, any warranty of the quality, performance, merchantability and fitness for a particular purpose of the program and the nonexistence of any infringement or violation of any right of any third party. Each user of the program will agree and understand, and be deemed to have agreed and understood, that there is no warranty whatsoever for the program and, accordingly, the entire risk arising from or otherwise connected with the program is assumed by the user. Therefore, neither ICOT, the copyright holder, or any other organization that participated in or was otherwise related to the development of the program and their respective officials, directors, officers and other employees shall be held liable for any and all damages, including, without limitation, general, special, incidental and consequential damages, arising out of or otherwise in connection with the use or inability to use the program or any product, material or result produced or otherwise obtained by using the program, regardless of whether they have been advised of, or otherwise had knowledge of, the possibility of such damages at any time during the project or thereafter. Each user will be deemed to have agreed to the foregoing by his or her commencement of use of the program. The term "use" as used herein includes, but is not limited to, the use, modification, copying and distribution of the program and the production of secondary products from the program. In the case where the program, whether in its original form or modified, was distributed or delivered to or received by a user from any person, organization or entity other than ICOT, unless it makes or grants independently of ICOT any specific warranty to the user in writing, such person, organization or entity, will also be exempted from and not be held liable to the user for any such damages as noted above as far as the program is concerned. - --------------COPYING.ipadic-----END---------------------------------- 3. Lao Word Break Dictionary Data (laodict.txt) Copyright (c) 2013 International Business Machines Corporation and others. All Rights Reserved. Project: http://code.google.com/p/lao-dictionary/ Dictionary: http://lao-dictionary.googlecode.com/git/Lao-Dictionary.txt License: http://lao-dictionary.googlecode.com/git/Lao-Dictionary-LICENSE.txt (copied below) This file is derived from the above dictionary, with slight modifications. Copyright (C) 2013 Brian Eugene Wilson, Robert Martin Campbell. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 4. Burmese Word Break Dictionary Data (burmesedict.txt) Copyright (c) 2014 International Business Machines Corporation and others. All Rights Reserved. This list is part of a project hosted at: github.com/kanyawtech/myanmar-karen-word-lists Copyright (c) 2013, LeRoy Benjamin Sharon
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name Myanmar Karen Word Lists, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 5. Time Zone Database ICU uses the public domain data and code derived from Time Zone Database for its time zone support. The ownership of the TZ database is explained in BCP 175: Procedure for Maintaining the Time Zone Database section 7. 7. Database Ownership The TZ database itself is not an IETF Contribution or an IETF document. Rather it is a pre-existing and regularly updated work that is in the public domain, and is intended to remain in the public domain. Therefore, BCPs 78 [RFC5378] and 79 [RFC3979] do not apply to the TZ Database or contributions that individuals make to it. Should any claims be made and substantiated against the TZ Database, the organization that is providing the IANA Considerations defined in this RFC, under the memorandum of understanding with the IETF, currently ICANN, may act in accordance with all competent court orders. No ownership claims will be made by ICANN or the IETF Trust on the database or the code. Any person making a contribution to the database or code waives all rights to future claims in that contribution or in the TZ Database. 6. Google double-conversion Copyright 2006-2011, the V8 project authors. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - libuv, located at deps/uv, is licensed as follows: libuv is licensed for use as follows: Copyright (c) 2015-present libuv project contributors. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. This license applies to parts of libuv originating from the https://github.com/joyent/libuv repository: Copyright Joyent, Inc. and other Node contributors. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. This license applies to all parts of libuv that are not externally maintained libraries. The externally maintained libraries used by libuv are: - tree.h (from FreeBSD), copyright Niels Provos. Two clause BSD license. - inet_pton and inet_ntop implementations, contained in src/inet.c, are copyright the Internet Systems Consortium, Inc., and licensed under the ISC license. - stdint-msvc2008.h (from msinttypes), copyright Alexander Chemeris. Three clause BSD license. - pthread-fixes.c, copyright Google Inc. and Sony Mobile Communications AB. Three clause BSD license. - android-ifaddrs.h, android-ifaddrs.c, copyright Berkeley Software Design Inc, Kenneth MacKay and Emergya (Cloud4all, FP7/2007-2013, grant agreement n° 289016). Three clause BSD license. - llhttp, located at deps/llhttp, is licensed as follows: This software is licensed under the MIT License. Copyright Fedor Indutny, 2018. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - OpenSSL, located at deps/openssl, is licensed as follows: Copyright (c) 1998-2019 The OpenSSL Project. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)" 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org. 5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. 6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)" THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com). - Punycode.js, located at lib/punycode.js, is licensed as follows: Copyright Mathias Bynens Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - V8, located at deps/v8, is licensed as follows: This license applies to all parts of V8 that are not externally maintained libraries. The externally maintained libraries used by V8 are: - PCRE test suite, located in test/mjsunit/third_party/regexp-pcre/regexp-pcre.js. This is based on the test suite from PCRE-7.3, which is copyrighted by the University of Cambridge and Google, Inc. The copyright notice and license are embedded in regexp-pcre.js. - Layout tests, located in test/mjsunit/third_party/object-keys. These are based on layout tests from webkit.org which are copyrighted by Apple Computer, Inc. and released under a 3-clause BSD license. - Strongtalk assembler, the basis of the files assembler-arm-inl.h, assembler-arm.cc, assembler-arm.h, assembler-ia32-inl.h, assembler-ia32.cc, assembler-ia32.h, assembler-x64-inl.h, assembler-x64.cc, assembler-x64.h, assembler-mips-inl.h, assembler-mips.cc, assembler-mips.h, assembler.cc and assembler.h. This code is copyrighted by Sun Microsystems Inc. and released under a 3-clause BSD license. - Valgrind client API header, located at src/third_party/valgrind/valgrind.h This is released under the BSD license. - The Wasm C/C++ API headers, located at third_party/wasm-api/wasm.{h,hh} This is released under the Apache license. The API's upstream prototype implementation also formed the basis of V8's implementation in src/wasm/c-api.cc. These libraries have their own licenses; we recommend you read them, as their terms may differ from the terms below. Further license information can be found in LICENSE files located in sub-directories. Copyright 2014, the V8 project authors. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - SipHash, located at deps/v8/src/third_party/siphash, is licensed as follows: SipHash reference C implementation Copyright (c) 2016 Jean-Philippe Aumasson To the extent possible under law, the author(s) have dedicated all copyright and related and neighboring rights to this software to the public domain worldwide. This software is distributed without any warranty. - zlib, located at deps/zlib, is licensed as follows: zlib.h -- interface of the 'zlib' general purpose compression library version 1.2.11, January 15th, 2017 Copyright (C) 1995-2017 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly Mark Adler
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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - inspector_protocol, located at tools/inspector_protocol, is licensed as follows: // Copyright 2016 The Chromium Authors. 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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * The names of the contributors may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - markupsafe, located at tools/inspector_protocol/markupsafe, is licensed as follows: Copyright (c) 2010 by Armin Ronacher and contributors. See AUTHORS for more details. Some rights reserved. Redistribution and use in source and binary forms of the software as well as documentation, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * The names of the contributors may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE AND DOCUMENTATION IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE AND DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - cpplint.py, located at tools/cpplint.py, is licensed as follows: Copyright (c) 2009 Google Inc. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - ESLint, located at tools/node_modules/eslint, is licensed as follows: Copyright JS Foundation and other contributors, https://js.foundation Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - babel-eslint, located at tools/node_modules/babel-eslint, is licensed as follows: Copyright (c) 2014-2016 Sebastian McKenzie MIT License Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - gtest, located at test/cctest/gtest, is licensed as follows: Copyright 2008, Google Inc.
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - nghttp2, located at deps/nghttp2, is licensed as follows: The MIT License Copyright (c) 2012, 2014, 2015, 2016 Tatsuhiro Tsujikawa Copyright (c) 2012, 2014, 2015, 2016 nghttp2 contributors Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - node-inspect, located at deps/node-inspect, is licensed as follows: Copyright Node.js contributors. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - large_pages, located at src/large_pages, is licensed as follows: Copyright (C) 2018 Intel Corporation Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - caja, located at lib/internal/freeze_intrinsics.js, is licensed as follows: Adapted from SES/Caja - Copyright (C) 2011 Google Inc. Copyright (C) 2018 Agoric Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. - brotli, located at deps/brotli, is licensed as follows: Copyright (c) 2009, 2010, 2013-2016 by the Brotli Authors. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. - HdrHistogram, located at deps/histogram, is licensed as follows: The code in this repository code was Written by Gil Tene, Michael Barker, and Matt Warren, and released to the public domain, as explained at http://creativecommons.org/publicdomain/zero/1.0/ For users of this code who wish to consume it under the "BSD" license rather than under the public domain or CC0 contribution text mentioned above, the code found under this directory is *also* provided under the following license (commonly referred to as the BSD 2-Clause License). This license does not detract from the above stated release of the code into the public domain, and simply represents an additional license granted by the Author. * * Beginning of "BSD 2-Clause License" text. ** Copyright (c) 2012, 2013, 2014 Gil Tene
Copyright (c) 2014 Michael Barker
Copyright (c) 2014 Matt Warren
All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. - node-heapdump, located at src/heap_utils.cc, is licensed as follows: ISC License Copyright (c) 2012, Ben Noordhuis Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. === src/compat.h src/compat-inl.h === ISC License Copyright (c) 2014, StrongLoop Inc. Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. - rimraf, located at lib/internal/fs/rimraf.js, is licensed as follows: The ISC License Copyright (c) Isaac Z. Schlueter and Contributors Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies. THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. 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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT VISUAL STUDIO 2015 ADD-ONs, VISUAL STUDIO SHELLS and C++ REDISTRIBUTABLE  These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. They apply to the software named above. The terms also apply to any Microsoft services or updates for the software, except to the extent those have different terms. 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If you acquired the software in any other country, its laws apply. 9.    LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.  Without limitation of the foregoing, for Australia, YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS 10.  DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11.  LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT XML CORE SERVICES (MSXML) 6.0 These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft · updates, · supplements, · Internet-based services, and · support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Distributable Code. You are permitted to distribute the software in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The software is “Distributable Code.“ · Distributable Code. You may copy and distribute the object code form of the software. You may not modify the software, and your programs must include a complete copy of the software, including set-up. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must · add significant primary functionality to it in your programs; · require distributors to agree to terms that protect it at least as much as this agreement; · display your valid copyright notice on your programs; and · indemnify, defend, and hold harmless Microsoft from any claims, including attorneys“ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not · alter any copyright, trademark or patent notice in the Distributable Code; · use Microsoft“s trademarks in your programs“ names or in a way that suggests your programs come from or are endorsed by Microsoft; · distribute Distributable Code to run on a platform other than the Windows platform; or · include Distributable Code in malicious, deceptive or unlawful programs. 3. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not · disclose the results of any benchmark tests of the software to any third party without Microsoft“s prior written approval; · work around any technical limitations in the software; · reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; · make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; · publish the software for others to copy; · rent, lease or lend the software; or · use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 2. 6. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. 7. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 8. SUPPORT SERVICES. Because this software is “as is,“ we may not provide support services for it. 9. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 10. Applicable Law. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 11. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 12. Disclaimer of Warranty. The software is licensed “as-is.“ You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 13. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. TERMS AND CONDITIONS FOR SUBMITTING AN EXPRESSION OF INTEREST – INTERN CAMPAIGN:
 These terms and conditions govern your submission of the Queensland Health Intern Campaign Application Form (the “Form”) and your access to and use of the Form and related web pages. By using or submitting this Form, you agree to be bound by these terms and conditions. For the purposes of these terms and conditions a reference to personal information, is a reference to personal information as defined under the Information Privacy Act 2009 (Qld); and a reference to Queensland Health is a reference to the State of Queensland acting through Queensland Health, the Hospital and Health Services as defined by ss 17 and 18 of the Hospital and Health Boards Act 2011 (Qld) and the Mater Misericordiae Health Services Brisbane Pty Limited ABN 83 096 708 922   1. You must complete all sections of the Form. If you do not complete the Form in full, we may be unable to assess your suitability for an Intern position within Queensland Health and may be unable to notify you of any vacancies. The Form will be retained for: 
(a)   the duration of the campaign (a period no longer than 12 months); or 
(b)   indefinitely where you are appointed as an employee.   
After the period outlined in 1(a) above has expired, you will need to submit a new Form to be considered for employment with Queensland Health.   2. Personal information you provide in this Form will be used by Queensland Health for employment related purposes and/or to determine your suitability for employment within the public health system in Queensland. In addition, we may use your information for workforce planning or statistical purposes, however, any information will be de-identified for this purpose. Queensland Health reserves the right to use and disclose the information provided by you in the Form to verify your qualifications and/or standing, including disclosing your information to professional and / or regulatory bodies. We will not disclose your information for any other purpose unless we obtain your consent, or we are required or permitted to do so by law.  You can apply for access to your information, contained in this Form, under the Information Privacy Act 2009(Qld).  You can find information on the Information Privacy Act at:  http://www.health.qld.gov.au/rti/. In submitting this application you give consent to the hospital to which you have been allocated advising your graduating university of the outcome of your application. You  consent to Queensland Health requesting your academic record and/or disciplinary record from your graduating institution. This is for the purpose of brokering meetings between applicants, medical schools and employing hospitals to support graduates with their internship placement (details set out in the information sharing document hosted on the intern recruitment website). If you do not consent to participating in this process, please advise the intern campaign coordinator by email at intern-recruitment@health.qld.gov.au and your details will not be provided to your graduating university.   3. Your application for an intern position with Queensland Health in 2021 is subject to these terms and conditions. If you have applied to a previous Queensland Health Intern Recruitment campaign, additional supporting documentary requirements apply and your application will be subject to determination by a Review Committee   4. In submitting this application, you consent to participating in, and Queensland Health providing your data to, the National Audit of Intern Acceptances data sharing initiative (the Initiative) (for more information on the initiative please see http://www.health.qld.gov.au/medical/intern/default.asp. You also consent to the central administrator of the Initiative contacting you should you accept multiple offers of internship.    5. While Queensland Health endeavours to ensure that the online transmission of the Form, containing your information, over the internet is secure, the inherent nature of the internet means that there is a potential risk that your information may be viewed or intercepted by third parties. Accordingly, submission through the online Form shall be at your own risk and Queensland Health accepts no responsibility or liability for any unauthorised access to your information contained in the Form when it is submitted online over the internet.   6. When you submit the Form online, you should receive an acknowledgement from Queensland Health that the Form has been sent, on the screen and via a confirmation email, following submission. Queensland Health accepts no responsibility or liability if this acknowledgement does not appear or it does not receive your online submission.  Note that your application data is held at a secure offsite facility.   7. Queensland Health makes no representation at the time the Form is submitted or any time in the future, that there is a suitable position or any position, available to you, or that you will be considered for a position that becomes available in Queensland Health, unless your submission is applicable to Applicant Group A ranking after assessment. In addition, Queensland Health makes no representation that by submitting your Form you will be notified of any appropriate vacancies; offered an interview in relation to a vacant position; or be offered a position with Queensland Health.   8. You warrant that the information and supporting documentation you submit on this Form is true and correct at the time of submission. You also warrant that you have not submitted the Form on behalf of any other person.   9. Queensland Health will not pay any fees for recruitment activities, to an external agency or third party, if you are recruited through this online system.   10. You can only submit one application per year through the online system. Each application allows you to list your preferences for up 20 hospitals.  If you submit multiple applications in this online system within the same period outlined in clause 1(a) your additional applications will be withdrawn and will not be considered for a position within Queensland Health.   11. You must advise the relevant Queensland Health authority as soon as possible if there are any changes to your medical registration details nominated in this application Form.   12. Queensland Health can be contacted on intern-recruitment@health.qld.gov.auin relation to this expression of interest process for intern positions. Postgraduate Medical Council of Victoria Candidate and Health Service code of conduct This code of conduct outlines the expectations for both candidates and health service administrators when participating in the PMCV Allocation and Placement service process. For Candidates and Health Service administrators. Code of Conduct Preamble The Code of Conduct sets out the expectations of parties participating in the Intern, HMO, Medical Radiations, Graduate Nurse and Midwifery, Basic Physician Training, Radiology Registrar and Haematology Advanced Trainees Allocation and Placement Service (APS).  The Code sets out the minimum acceptable level of conduct for both hospitals/health services and candidates. Such a Code is designed to overcome practices deemed to be unsuitable and to ensure the highest ethical and professional standards by all parties. It deals with matters that are subject to judgement and interpretation and are difficult to state absolutely. Application to use the APS by a candidate or a hospital implies acknowledgment of this Code of Conduct and agreement to abide strictly by it. The instructions to candidates and hospitals as set out in the 'Candidates Guide” and “Hospital User Guide” respectively are to be read as forming part of this Code. 
Definition "Hospital/Health Service Representative" refers to any hospital employee involved in the process of selection and recruitment of candidates who have registered in the APS
"Candidate" refers to any person who has registered to participate in any of the PMCV administered Matches. 1.    The preferences of participating candidates and hospitals/health services are personal and confidential. No attempt, direct or indirect, should be made by either party to discover the preference rankings of the other before or after Matching takes place. Under no circumstances can a candidate or hospital/health service representative request information about their intended ranking.

Candidates and hospital/health service representatives may express a high degree of interest in the other but must not make any statement, oral or written, which signifies a commitment to offer or change a rank. Candidates shall not be asked by a hospital/health service to identify a rank, or offer to change a rank; a hospital/health service representative may not state or indicate that a candidate will definitely be ranked in their quota. Examples of practices deemed to be unsuitable and against the Code include: A candidate pressured by a hospital/health service representative to reveal the ranking of the hospital/health service in the Candidate's Priority List; A candidate pressured to sign an offer/contract prior to the Match. Hospital/health service representatives and candidates should not be in communication with each other after the informal/formal selection process. If a hospital/health service is in the practice of sending out letters following an interview, such letters shall not contain any promises or implied statements, which suggest a particular ranking (including any indication that a candidate will not be ranked) or that an offer will be made. Such letters are not binding and are not part of the formal Matching process.   2.    Participation in the Service signifies that both candidates and hospitals/health services agree to abide by the Matching results. Candidates must accept the position to which they have been matched unless they obtain a written release from the hospital/health service concerned. The circumstances under which a release may be contemplated must normally be exceptional and related to hardship. For example, a seriously ill family member or personal health issue requiring relocation.

Hospitals/health services cannot consider an application to a match position by a candidate who has been matched to another hospital/health service in the Match unless they have received a copy of the candidate’s release. A copy of the release must also be forwarded to the PMCV APS office. Details of matched candidates will be available to Hospitals/Health Services to verify whether particular candidates have been matched.  This information is strictly private and confidential and should only be used for this verification purpose.

A candidate should not be released from a matched position in order to accept a position elsewhere, unless exceptional circumstances have been satisfied. Hospitals/health services must accept the candidates who have been matched to their positions. Candidates must comply with all reasonable recruitment processes at the hospital to which they have accepted a matched position. Failure to comply may result in a health service withdrawing their offer. No further offers will be made to candidates who failed to comply with health service requirements. Candidates who receive an offer to a match position in the unmatched process are bound to the same regulations and code of conduct as candidates who were matched via the APS matching algorithm. Examples of practices deemed to be unsuitable and against the code of conduct include: A health service making an offer to a matched candidate on condition that the candidate get a release from their matched hospital. A matched candidate applying for an unmatched position/vacant position at a health service. Please note: In recognition of the different timing of offers by states/jurisdictions, a candidate can decline a Victorian offer to accept an interstate offer which is their higher preference. Withdrawal from the Allocation and Placement Service A candidate may withdraw from the APS via their PMCV online account; notice regarding withdrawals must be in accordance with the approved schedule of dates. No withdrawal by telephone or otherwise orally will be accepted. 3.    Candidate applications to hospitals/health services outside the Allocation and Placement Service A candidate may submit a ranked priority list to the Matching Service and at the same time submit an application for positions outside the Match (e.g. interstate, private hospitals, mental health services or overseas). However if notification of successful allocation has been received from the non-match position and this is a candidate’s higher priority, then the candidate is to withdraw from the PMCV matching process prior to the closing date for withdrawal.. The names of candidates who have accepted a position that was exempted from the HMO or BPT match prior to the running of the match will be provided to the APS manager. These candidates are not eligible to enter the APS and if they have registered in Match, they will be removed. Their names will also be added to the matched candidates list and they will not be eligible for offers to vacant match positions. Remaining in the Match after the final closing date signifies agreement to abide by the regulations of the APS, as specified in section 2 of the regulations, the results of the match are binding. 4.    Discretion to refuse to accept and include in the Service in any year Notwithstanding anything to the contrary in this Code of Conduct, the Council may, in its absolute discretion, refuse to accept and include in the Match in any year: a) any candidate who at any previous time has failed for any reason to accept an appointment to a hospital/health service with which the candidate was matched by the Service or who resigned from his or her employment with the hospital/health service or who has been lawfully dismissed by the hospital/health service from his or her appointment with or without notice for serious misconduct or for failure to comply with the terms of the employment contract; and b) any hospital/health service which at any previous time has failed for any reason to appoint a candidate with whom the hospital/health service was matched by the Service or which has dismissed an appointee matched by the Service without reasonable cause. 5.    Results of the Match The results of the Match will be available from the PMCV APS Website. Both hospitals/health services and candidates will receive information regarding their own personal matching results. Login access is required to obtain matching results. In the case of a candidate who is unmatched, the PMCV shall publish a list of unmatched candidates, their name and contact information, which shall be accessible to the nominated health service administrator. In the case of a hospital/health service which has unmatched posts, the PMCV shall publish a list of unmatched posts, and contact information. 6.    Removal from a Match Candidates may apply to enter the APS and submit their list of hospital/health service preferences but participation in the match is subject to a candidate satisfying the eligibility criteria and approval of PMCV. The PMCV may remove any candidate from a Match if their qualifications or other supporting documents do not substantiate the selected eligibility criteria.  The PMCV shall notify all candidates of this decision and give them the opportunity to respond. Where there are reasonable and probable grounds that the credentials or supporting documents are not authentic or that the candidate has submitted falsified documentation, the PMCV will give the candidate the opportunity to respond. If the investigation regarding the verification of credentials is not in the candidates favour, the candidate will be removed from the match. 7.    Schedule of Dates An annual Schedule of Dates is published for each Match by PMCV following consultation with the relevant parties.  It is the candidate’s and hospital/health services responsibility to meet all the deadlines published in the schedule of dates.  The PMCV will not be held liable if any candidate or hospital/health service does not meet the deadlines. See section 8 below. 8.    Availability of Match Site The PMCV does not guarantee that the APS website will be available at all times and both candidates and hospitals/health services are advised to complete all requirements in a timely manner. 
 Updated: April 2020 MyPost Account - Terms of Use THIS IS A BINDING AGREEMENT between Australian Postal Corporation ABN 28 864 970 579 (which we'll refer to in this document as 'Australia Post', 'we', 'us', or 'our') and any person ('you' or 'your') who registers a MyPost Account.
 You will find all of the capitalised terms that we refer to have been defined at the end of these Terms of Use. In consideration for us giving you access to and use of:
(a) your MyPost Account,
(b) the Website, or
(c) the Services

you agree to be bound by and abide by the terms and conditions set out in:
(i)  these Terms of Use,
(ii)  Australia Post's Website Terms & Conditions, and
(iii) any Additional Terms.

Where there's any inconsistency between these Terms of Use and the Website Terms & Conditions, these Terms of Use will take precedence.
  1.1 Registration as an individual To use the Services, you'll first need to register for a MyPost Account. You can register at a Post Office, or on our Website or via the App. A MyPost Account is a personal account specific to you in your capacity as an individual and cannot be shared with any other person. You'll need to provide a personal email address as part of the process. 1.2 Accuracy When registering for a MyPost Account, you must fill in all mandatory fields, using accurate, complete and up-to-date information. If any of your information changes, you'll need to let us know via the MyAccount page on the Website. 1.3 Use of Services for a business or organisation If any Services allow you to register or use those Services in relation to a business or organisation (including a company or charity), you may be requested to provide additional details to us (such as the business or organisation's name, ABN or ACN). If you provide such details, we may accept your application on a provisional basis while we confirm that the details you have provided are accurate. By registering for or using any Services on behalf of your business or organisation, you are deemed to have confirmed to us that you conduct business, or your organisation operates, under the name you have provided, that you are entitled or authorised to use that name, and that you are authorised to register on behalf of that business or organisation and to supply that business or organisation's information to us. In consideration of your access to and/or use of your MyPost Account and any Services, you agree (both in your individual capacity, and also for and on behalf of your business or organisation) to be bound by and abide by the terms and conditions set out in these Terms of Use. 1.4 Security Your MyPost Account is unique to you and is not transferable to any other person. You'll need to choose a unique password - keep it safe and don't share it with anyone else. The email address you supply will become your MyPost Account user name. 1.5 Responsibility You are solely responsible for all activities that occur through the use of your MyPost Account by you or any person acting on your behalf. This includes any transactions that are processed or conducted through your MyPost Account. You must keep secure, and must not share, any login details for your MyPost Account. If you become aware of any unauthorised access or use of your MyPost Account, you must let us know immediately. If your negligent acts or omissions result in unauthorised access to your MyPost Account, you are solely responsible for all transactions conducted through your account during the unauthorised access. 2.1 Services Having a MyPost Account gives you access to a number of different Services. Each Service that we provide will be governed by: 1. these Terms of Use; and 2. any additional terms and conditions applicable to that Service (with which you must agree, in order to obtain that Service). This may include the Australia Post Terms and Conditions, and any other relevant product specific terms and conditions (Additional Terms). 2.2 Inconsistency Where you obtain a Service from us and there's any inconsistency between these Terms of Use and the Additional Terms applicable to that Service, the Additional Terms relating to that Service will take precedence. 2.3 Fees and charges Registering for a MyPost Account is free, but there may be fees and charges for other Services we provide to you. Those fees and charges will be specified on the website or in the Additional Terms applicable to each Service. Fees and charges may be varied at any time at Australia Post's discretion by giving you reasonable notice of the change via email and/or the website. 2.4 Changes, withdrawal and cessation We reserve the right to change, or temporarily or permanently withdraw any Service. We'll give you notice if this happens in accordance with clause 13.6. To the extent possible under the law, and subject to clause 8, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the exercise of our rights under this clause 2.4. 2.5 Online support and advice We may, from time to time, as part of the Services we provide, either through the Website or through other online resources, offer support or advice regarding our Services or the products offered by us. You acknowledge that any such information or advice provided by us is general in nature, and is provided for general information purposes only. We do not represent that any such information or advice is suitable for your particular circumstances or purposes. It is up to you to determine whether the information or advice is suitable for your particular circumstances or purposes, and whether or not you should act in reliance on, or in accordance with, that information or advice. 3.1 Issue Once you've registered your MyPost Account, you have the choice to apply for a MyPost Card. 3.2 Identity Verification. To apply for a MyPost card you'll need to undertake an identity check. In most cases you can do this online, by providing a form of identity, which we, or one of our service providers, will verify. If your identity check isn't successful online, you will be required to complete the identity check at a Post Office. 3.3 Use Your MyPost Card can be used: a. as identification when you pick up a parcel that you missed receiving at your home or business premises; b. to collect a parcel from a Parcel Locker, Parcel Collect location or Post Office; c. to track an item you've sent; and d. for other purposes which we'll let you know about from time to time. In some circumstances we may require another form of identification to be produced in addition to your MyPost Card. We'll let you know if this is the case. 3.4 Security You agree to keep your MyPost Card issued in respect of your MyPost Account secure and ensure that no one else uses it. Your MyPost Card is not transferable. 3.5 Responsibility You are solely responsible (and liable) for all activities conducted through your MyPost Card, whether or not you authorised such activities. You must notify us immediately if you become aware of any unauthorised use of your MyPost Card. 4.1 Internet and Email Access To access and use the Services, you'll need to have access to the internet and email. Your Internet Service Provider (ISP) ,not Australia Post, is responsible for providing internet access (subject to any agreement you have with them), and you are responsible, and solely liable, for any account charges or other costs associated with obtaining internet access and the ISP's service. 4.2 Information  You agree to provide us with all the information we need to provide the Services and you must make sure that all information is accurate and complete. We won't be liable for any loss, damage, cost or expense that arises from any inaccuracy, omission or other defect in any such information (including in any Data). 4.3 Compliance You must comply with any reasonable directions we give from time to time in relation to your access to or use of the Services. You also must use the Services in good faith, and at all times comply with these Terms of Use, any Additional Terms, and all applicable laws, statutes and regulations in all jurisdictions that relate to your access to or use of the Services (including, without limitation, all applicable privacy laws). 5.1 No guarantee of access. To the extent permitted by law (including without limitation the Competition and Consumer Act 2010 (Cth)), and subject to clause 8.2: (a) we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services or any internet service provider (ISP) services, unless specifically stated otherwise; and (b) we will not be liable if the Services, or any information obtained in relation to them, is inaccurate, outdated or incorrect. We're also not liable if the Services or ISP services are unavailable for any reason, including as a result of:  (i) a telecommunications interruption, delay, bottleneck, failure or fault;  (ii) negligent, malicious or wilful acts or omissions by third parties (including our third party service providers) but not including any fraudulent conduct engaged in on behalf of or on the part of Australia Post;  (iii) maintenance or repairs of the systems used in connection with the provision of the Services or ISP services, carried out by us or any third party service provider;  (iv)  any events beyond our control; or (v) services provided by third parties becoming unavailable. 5.2 No guarantees in relation to Data. You acknowledge and agree that to the extent possible under the law (including without limitation the Competition and Consumer Act 2010 (Cth)), and subject to clause 8.2 and our Privacy Policy, we make no representations, warranties or guarantees in relation to the integrity of the Data or length of time the Data will be retained by us. 6.1 Restrictions. You must not: (a) access or use the Website or the Services for any purpose other than those permitted by these Terms of Use or any Additional Terms; (b) remove or tamper with any copyright notices on the Website or in relation to any Service; (c) disassemble, decompile, reverse engineer or create derivative works or functionality equivalent software from the Website or in relation to any Service (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth)); (d) copy or download, in a systematic manner, any content, graphics, video, text or animation from the Website or in relation to any Service, or communicate or otherwise distribute such systematically obtained content, graphics, video, text or animation; (e) incorporate any part of the Website or any part of the Services in any product or service to be made available commercially, or attempt to do so; or (f) introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the Website or otherwise in relation to the Services, or in any other manner whatsoever corrupt, degrade or disrupt the Website or the Services, whether directly or indirectly. 6.2 Unlawful or unauthorised use. You must not (nor permit a third party to) submit any data or information to the Website or in relation to the Services, or otherwise use the Website or the Services: (a) to engage in any activity which breaches any law or infringes or interferes with a third party's rights; (b) to infringe the Intellectual Property Rights  of Australia Post or any third party; (c) in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal; or (d) in any way that constitutes misuse, or resale or other commercial use, of the Website, the Services or any associated materials. 7.1 You grant to us an irrevocable, perpetual, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt and communicate the Data (and all data and information comprised in the Data), and to sublicense third parties to do those things, to enable us to: (a) operate the Website and provide the Services; and (b) perform statistical and other analyses that are relevant to our business purposes.   You warrant to us that you have all rights necessary to grant this licence. 8.1 Indemnity. You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with: (a) your access or use of the Website, MyPost Account or any of the Services (including use of your MyPost Card); and (b) any breach by you of: (i) these Terms of Use; or (ii) any Additional Terms applicable to providing a Service. 8.2 Liability: To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), we shall not be liable to you or to any other person (whether in contract, tort or otherwise) for any loss or damage suffered, or that may be suffered, as a result of any act or omission, whether negligent or otherwise, by or on behalf of Australia Post in relation to your MyPost Account and the use or performance of any Services, or any other matter or thing relating to this agreement, except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. 8.3 To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), we expressly disclaim all guarantees, conditions and warranties, express or implied, in respect of our supply of any Services and your use of your MyPost Account. If any guarantee, condition or warranty is implied into this agreement pursuant to any legislation (including without limitation the Competition and Consumer Act 2010 (Cth)) and the legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of, or liability under such guarantee, condition or warranty, the guarantee, condition or warranty shall be deemed to be included in this agreement, provided that, where it is fair and reasonable to do so, our liability for breach of the guarantee, condition or warranty shall, if the legislation permits, be limited (at our option) to any one or more of the following: (a) in the case of goods, to: (i)  replacing the goods; or (ii)  supplying equivalent goods; or (iii) repairing the goods; or (iv) paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired; and (b) in the case of services, to: (i)  re-supplying the service; or (ii)  paying the cost of re-supplying the service, in respect of which the breach occurred, and otherwise shall be limited to the maximum extent permitted by law. 9.1 When we may suspend. We may suspend your access to your MyPost Account and/or a Service, if any of the following things occur: (a) we become aware, or have reasonable grounds to believe, that the information you provided in order to register and create your MyPost Account, and/or register for the Service, was not true, accurate, current or complete; (b) where you have registered for or use any Service in relation to a business or organisation we become aware, or have reasonable grounds to believe, that the business name you have provided is not genuine, or that you do not have authority to use that name or register for Services in relation to that business or organisation; (c) we become aware, or have reasonable grounds to believe, that the registration of your MyPost Account or any Service was made by a person who did not have the authority to submit that registration on your behalf; (d) you use your MyPost Account, the Services, the Website or your MyPost Card issued in respect of your MyPost Account to engage in fraudulent or other unlawful conduct; (e) you report that your MyPost Account or your MyPost Card issued in respect of your MyPost Account has (or have) been accessed or used without your authorisation; (f) you breach any provision of these Terms of Use or any Additional Terms; (g) we consider it necessary to do so in order to maintain, update or upgrade the Website or any Service; (h) there's been an allegation that your MyPost Account, the Services, or your MyPost Card issued in respect of your MyPost Account has (or have) been used for fraudulent or other unlawful conduct (whether by you or a third party), or has (or have) been accessed or used without your permission; or (i) we're required to in order to comply with an order, direction or directive issued under statute or by a court, or in order to safeguard the operation of the Website or the Services. 9.2 Notice and duration of suspension. Where we suspend access to your MyPost Account and/or a Service under: (a) clauses 9.1(e), 9.1(g), 9.1(h) or 9.1(i) - we'll endeavour to provide you with notice and ensure the suspension continues only for as long as is reasonably necessary; or (b) clauses 9.1(a), 9.1(b), 9.1(c), 9.1(d) or 9.1(f) - we may continue the suspension for as long as we deem appropriate in our discretion. We may also, at our discretion, decide to terminate your MyPost Account and/or stop providing the Service. 9.3 No liability. To the extent possible under the law, and subject to clause 8.2, we will not be liable to you for any loss, damage, cost or expense you may incur as a result of the suspension of your MyPost Account or a Service, except in circumstances where your MyPost Account is suspended due to fraudulent or wilful misconduct on our part. 10.1 We reserve the right to use contractors or sub-contractors to perform any of our obligations under these Terms of Use or any Additional Terms. When we do, the contractors and/or sub-contractors are included within the definition of "Australia Post" and are entitled to all of the benefits and rights imposed upon and enjoyed by Australia Post by these Terms of Use or any Additional Terms. 11.1 You acknowledge that: (a) we collect personal information (including your personal information) in order to complete your registration for a MyPost Account, to provide Services to you and to provide information as to how we can support you, and that, without this information, we may not be able to provide those Services or that support; and (b) we may share the personal information we collect with certain third parties contracted to assist in the provision or administration of those services (and this may include contracted service providers located outside of Australia, including in Japan and the United States). 11.2 The personal information we collect will be handled by us in accordance with Australia Post's Privacy Policy, which can be found at http://auspost.com.au/privacy.html. Our Privacy Policy outlines how to access and/or correct your personal information or make a privacy-related complaint. You can contact our Privacy Contact Officer for any privacy-related queries at the contact details set out in our Privacy Policy. 12.1 Termination without cause. You can close your MyPost Account, by calling us on 13 13 18. We'll delete all of the information that we hold about you in relation to your MyPost Account (except as required in clause 12.4 below). 12.2 Termination for cause. We may terminate your MyPost Account and/or stop providing a Service if any of the things referred to in clauses 9.1(a), 9.1(b), 9.1(c), 9.1(d) or 9.1(f) occur (whether or not we first elect to suspend your MyPost Account and/or the Service). We will provide you with prior written notice where reasonably practicable. 12.3 Termination in other circumstances. We may also terminate your MyPost Account and/or a Service: (a) when we're directed or ordered to do so by any government authority, or law enforcement, defence or intelligence authority or entity acting under the authority of the Commonwealth of Australia; or (b) when we, at our discretion, decide to terminate or discontinue the operation of the Website and/or the Service. We will provide you with prior written notice where reasonably practicable. 12.4 Consequences of termination. Where your MyPost Account is closed or terminated, you acknowledge and agree that: (a) we may retain a copy of your Data so that we can comply with our regulatory obligations; and (b) you will no longer be able to access your MyPost Account or use your MyPost Card issued in respect of your MyPost Account, or any of the Services. 13.1 Acts of employees, officers, agents and contractors of organisations. If you have registered for or use any Services as an authorised representative of an organisation (including a company or charity): (a) all activities and transactions undertaken through your MyPost Account in respect of those Services (whether by you as an employee, officer, agent, contractor or representative of the organisation), will be considered activities and transactions undertaken by you as an individual in your personal capacity, and where applicable, the organisation; and (b) any actions, omissions or conduct by you as an employee, officer, agent, contractor or representative in respect of, or in connection with, your use of any Services, will be deemed to be the organisation's actions, omissions or conduct as well as your personal actions, omissions or conduct for the purposes of these Terms of Use. 13.2 Assignment. You may not assign or transfer your rights under these Terms of Use or any Additional Terms, or attempt or purport to do so, without our prior written consent (which may  not be unreasonably withheld). 13.3 Force majeure. Neither party will be liable to the other for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control. 13.4 Governing law. These Terms of Use (together with any Additional Terms) are governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and both of us submit to the jurisdiction of the courts of that State. 13.5 Severability. If any provision, or part of a provision, of these Terms of Use or any Additional Terms is found to be illegal or unenforceable, it will be severed from the agreement, and the remainder of the terms will be construed as if that provision or part did not form part of the Terms of Use or Additional Terms (as applicable). The previous sentence will not apply if the provision or part to be severed constitutes a material and fundamental element of the agreement between the parties. 13.6 Variation. We reserve the right to revise and amend these Terms of Use and the Additional Terms (or vary any Service provided under them) as follows: (a) if we consider that the change is likely to benefit you, or have a neutral or minor detrimental impact on you, we will make any changes immediately without notifying you. We will publish the amended Terms of Use or Additional Terms on the Website; or  (b) if we consider that the change is likely to have a significant detrimental impact on you, we'll make the change after we have notified you. We may notify you by email, or through a notice on the Website and/or App. Your continued use of the Services after we have notified you of an amendment will mean that you agree to that amendment. If you do not agree with an amendment, you may terminate your MyPost Account in accordance with clause 12.1. In these Terms of Use:

App means the 'Australia Post for Small Business app', as amended or updated from time to time, and including any app that is implemented to replace the Australia Post for Small Business app. Australia Post Terms and Conditions means the Australia Post Terms and Conditions made pursuant to section 32(1)(b) of the Australian Postal Corporation Act 1989 including any supplementary service terms (as amended from time to time) found at http://auspost.com.au/general-terms-conditions.html. Additional Terms is defined in clause 2.1(b) above. Customer means any person who accesses or uses the Site. Data means information and data that you provide to us for the purpose of registering your MyPost Account under clause 1, and/or to obtain Services from us and any other data that we may collect (whether as user generated information or user behaviour information) which we may collect in accordance with our Privacy Policy. Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, know-how, trade secrets, confidential information, patents, inventions, domain names, business names and discoveries. ISP has the meaning given to it in clause 4.1. MyPost Account means an account registered by a Customer on the Website under clause 1. MyPost Card means the MyPost card issued to you when you complete the MyPost Card application process. Privacy Policy means the Australia Post Privacy Policy (as amended from time to time) found at http://auspost.com.au/privacy. Service means each of the services or products offered by us from time to time, in connection with your MyPost Account. Website means the MyPost website at https://auspost.com.au/mypost (and related pages) and any other webpages relating to the MyPost Account or at which Australia Post provides a Service. Website Terms & Conditions means the Australia Post website terms and conditions found at http://auspost.com.au/about-us/website-terms-and-conditions.html MyPost Privacy Notice Your information is collected by Australia Post so we can register your MyPost account, to provide Services to you and to provide information as to how we can support you. We will be unable to process your application, provide services or support if you do not provide the information requested. You will be contacted separately about services available via your MyPost account and have the choice to register for each service at any time. Your information may be shared with certain third parties contracted to assist in the administration of your account application (including contracted service providers located outside of Australia, including Japan and United States). Aside from this exception, Australia Post will not disclose your information unless required or authorised by law or in accordance with our Privacy Policy. Your information is otherwise managed in accordance with our Privacy Policy, a copy of which is available at auspost.com.au/privacy. MyPost Deliveries Terms of Use These Terms of Use are 'Additional Terms' (as defined in the MyPost Account Terms of Use) that apply to our provision of, and your use of, the MyPost Deliveries Services. They are supplementary to the MyPost Account Terms of Use and the Australia Post Terms and Conditions which apply to the carriage and delivery of any articles lodged or collected using MyPost Deliveries Services.
 Unless otherwise specified in clause 14 below, terms capitalised have the same meaning as set out in the MyPost Account Terms of Use.     
 By registering for and using the MyPost Deliveries Services, you agree to be bound by the terms and conditions set out in: (a) these Terms of Use; (b) the MyPost Account Terms of Use (c) the Website Terms and Conditions (d) the Australia Post Terms and Conditions Unless otherwise stated in these Terms of Use, if there's any inconsistency between any of the above documents, the earlier mentioned document will take precedence to the extent of that inconsistency.

 1.1 Registration. In order to access and use the Services, you must register through your MyPost Account. 1.2 Accuracy. When registering for the Services, you must provide us with accurate, complete and up-to-date information as requested on the relevant registration page. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your MyPost Account page on the Website. 2.1 Accurate registration details and identity verification. We may use the registration details from your MyPost Account or MyPost Card to confirm your identity in order for us to supply the Services. For some Services we may require another form of identification or require you to undertake a further identity check (we’ll let you know if this is the case). If we receive a parcel to be delivered using the Parcel Locker or the Parcel Collect Service and the relevant address or photo identification details do not match your MyPost registration details, we may not be able to confirm your identity. In such circumstances, we may not be able to provide the Services or the Services may be delayed. 2.2 Notification. We'll let you know when a parcel has been dropped off in a Parcel Locker or delivered for collection to either a Parcel Locker, or to a Parcel Collect location by using the email address and/or mobile phone number provided to us for your MyPost Account. When we notify you that a parcel has been delivered, we'll tell you the date and time by which you'll need to collect the parcel. You acknowledge that if you choose not to receive communications from us, you won't be able to access and use the Parcel Locker or the Parcel Collect Services. 2.3 Compliance with our instructions. When you use the Parcel Locker and Parcel Collect Services, you must comply with all reasonable instructions and user guidelines issued by us in respect of those Services, including any signage at the Parcel Locker or Parcel Collect location. 2.4 Parcels from other carriers. We only accept suitable parcels from other carriers to our Parcel Locker and Parcel Collect locations if the parcels have been lodged by the carriers for delivery by Australia Post and are correctly addressed to the recipient's Parcel Locker or Parcel Collect location. To lodge parcels for delivery in the MyPost network, carriers must pay us for the service. StarTrack Express Pty Ltd ("StarTrack") is one of our subsidiaries, and parcels carried by StarTrack will be accepted for delivery to Parcel Locker and Parcel Collect locations. We've informed most other carriers of our policy and it is up to the carrier to decide if they wish to lodge parcels with us for delivery to Parcel Locker or Parcel Collect locations. 3.1 Unique access code for Parcel Locker Service. When you drop off a parcel in a Parcel Locker for lodgment with us, or when a parcel is delivered to a Parcel Locker that is ready for you to collect, we will issue you with a unique access code which must be entered by you in order to lodge or collect that parcel. You must keep that access code confidential and must not provide it to any other person. To the maximum extent permitted by law, we will not be liable for any loss, damages, costs or expenses incurred as a result of any unauthorised access to a Parcel Locker, or collection or removal of a parcel or other article, as a result of your failure to comply with this clause 3.1.

3.2 No dedicated Parcel Locker. You will not receive a dedicated Parcel Locker or Parcel Locker access code as part of the Parcel Locker Service. Subject to the other provisions in these Terms of Use, a parcel addressed to you will generally be placed in an appropriately sized Parcel Locker at the Australia Post facility that you have nominated where available.

3.3 Parcel Locker availability times. While some Parcel Lockers have 24/7 access, some do not, and you need to check whether the Parcel Locker which you wish to use suits your availability requirements. We reserve the right to change the availability times for access to any Parcel Locker at our absolute discretion.

3.4 Removal of Parcel Locker from service. We reserve the right to remove from service any Parcel Locker at any time in our absolute discretion, whether due to operational reasons or any other reason whatsoever.

3.5 Lodgement. When dropping off a parcel for delivery by us using the Parcel Locker Service, lodgement is deemed to have occurred at the time when a suitable parcel is collected by us from the Parcel Locker. We will use our reasonable endeavours to collect all suitable parcels dropped off in a Parcel Locker for carriage on the next business day. You will need to allow an extra day to the delivery guidelines as published on our website. You cannot drop off more than one parcel in a Parcel Locker as you will need separate Parcel Lockers for each one. To drop off more than one parcel, you will need to complete the process to obtain an access code for each parcel.

3.6 Express Post parcels. The Express Post guaranteed delivery times don’t apply to parcels dropped off at a Parcel Locker for subsequent delivery using our Express Post Service, and you need to allow an extra day to the Express Post guaranteed delivery times.

3.7 What articles can be lodged in a Parcel Locker. To be suitable for lodgement in a Parcel Locker for carriage by Australia Post, the article must:

(a) be a parcel that has been prepaid for carriage by post with the applicable postage paid imprint, stamp, label or barcode affixed on the parcel satchel;

(b) not exceed a weight of 16kg;

(c) not be prohibited for lodgement or carriage by post under Part D (Prohibited Goods) of the Australia Post Terms and Conditions; (d) fit within the size limitations for the relevant Parcel Locker as may be notified by us from time to time; (e) if dropping off international parcels for lodgement, a signed customs declaration sticker must be affixed to the parcel; and (f) otherwise comply with our standard terms applicable to the lodgement and carriage of parcels in the Australia Post Terms and Conditions, and any other instructions or user guides we may publish or notify to you from time to time, including on any signage at a Parcel Locker location.

3.8 We may refuse to accept lodgement in a Parcel Locker. We reserve the right to refuse lodgement of any article dropped off in a Parcel Locker, in our absolute discretion, including, but not limited to, where the article:

(a) is a letter or standard mail article that can be delivered via ordinary post;

(b) is unsuitable for lodgement through the Parcel Locker Service because it:
(i) does not comply with clause 3.7;
(ii) requires the sender to confirm their identity at the time of lodging a parcel;
(iii) is not suitably packaged;
(iv) is damaged;
(v) is a product or service that requires another lodgement method to be used pursuant to the terms and conditions applicable to that product or service; or
(vi) does not comply with any other Parcel Locker Service conditions or instructions that we may publish or notify to you from time to time, including on any signage at a Parcel Locker location.

3.9 We may refuse delivery to a Parcel Locker. We reserve the right to refuse to deliver an article to a Parcel Locker, in our absolute discretion, including, but not limited to, where the article:

(a) is a letter or standard mail article that can be delivered via ordinary post;
(b) is unsuitable for delivery through the Parcel Locker Service because it:
(i) exceeds the maximum weight or size requirements for the Parcel Locker;
(ii) is in breach of Part D (Prohibited Goods) of the Australia Post Terms & Conditions;
(iii) requires the addressee or recipient to provide identity prior to Australia Post delivering the article;
(iv) has not been prepaid or otherwise has an amount payable on collection;
(v) is addressed incorrectly (for example, the name of the addressee, and the customer number or Parcel Locker address, do not match);
(vi) is not suitably packaged;
(vii) is damaged;
(viii) contains alcohol;
(ix) contains perishable goods;
(x) is a product or service that requires another delivery method to be used pursuant to the terms and conditions applicable to that product or service;
(xi) in the case of international parcels, the customs declaration is not present or has not been completed; or
(xii) does not comply with any other Service conditions or instructions that we may publish or notify to you from time to time, including on any signage at a Parcel Locker location.

3.10 Handling of Unsuitable Parcels. Any parcel which does not meet the requirements of clauses 3.7, 3.8 or 3.9 is deemed unsuitable for the Parcel Locker Service. You will be notified of any unsuitable parcel, using the email address and/or mobile phone number you have selected to receive tracking and other notifications, and such parcel will be handled as follows:

(a) unsuitable parcels dropped off for lodgement in our network may need to be collected by you from a reasonably proximate Parcel Collect Facility; and
(b) unsuitable parcels addressed to you for collection will be scanned as awaiting collection at a reasonably proximate Parcel Collect Facility for you to collect over the counter.

3.11 No guarantee of access or availability. The Parcel Locker Service is offered subject to availability at a given time. You acknowledge and agree that, to the extent permissible under law, we do not guarantee, warrant or represent that:

(a) there will be, at any given time, sufficient numbers of appropriately sized Parcel Lockers at the Australia Post facility that you've nominated to ensure that a parcel can be dropped off in or collected from a Parcel Locker at that nominated facility; or
(b) Parcel Lockers at any given facility will always be in service or otherwise available for use.

In such circumstances:
(i) if dropping off a parcel for lodgement, other parcel Lockers in the area may be available for drop off, or you could try later, or you could use alternate forms of lodgement (over the counter at a post office or at a street posting box); and
(ii) if it is not possible for us to load a parcel addressed to you for collection, a second attempt may be made to load the Parcel later, and if again unsuccessful, it will be scanned as awaiting collection at a reasonably proximate Parcel Collection Facility for you to collect
over the counter.

3.12 No signature on delivery. By using the Parcel Locker Service to send a parcel addressed to a Parcel Locker, you agree that notwithstanding any specific term in the Australia Post Terms and Conditions, we will not obtain or require a signature to evidence delivery of the parcel. The entry of a recipient’s Customer Account Number (or the required portion of it) and their unique access code will be evidence of delivery.

3.13 Relocation of parcel for collection. If you don't collect your parcel from a Parcel Locker by the date and time specified in the notification we give you, the parcel will be moved from that Parcel Locker to a Parcel Collect location. If you don't collect your parcel from the Parcel Collect location by the time specified in the notification, it will be returned to the sender.
 4.1. When we may refuse delivery - Parcel Collect locations: We reserve the right to refuse carriage or delivery of an article to a Parcel Collect location, including, but not limited to, where the article: (a) is a letter or standard mail article that can be delivered via ordinary post; (b) is unsuitable for delivery to Parcel Collect locations because it: (i) is larger than 105cm in one dimension; (ii) is heavier than 22kg; (iii) is incorrectly addressed (for example, the name of the addressee, and the customer number or Parcel Locker address, do not match); (iv) is not suitably packaged; (v) is damaged; (vi) contains perishable goods; or (vii) does not comply with our standard terms applicable to the carriage and delivery of parcels in the Australia Post Terms and Conditions or any other Service conditions or instructions that we may publish or notify to you from time to time. 4.2 Handling of Unsuitable Parcels. Any parcel which does not meet the requirements of clause 4.1 is deemed unsuitable for the Parcel Collect Service. You will be notified of any unsuitable parcel, using the email address and/or mobile phone number you have selected to receive tracking and other notifications, but you will nonetheless be able to collect such parcel. In the case of incorrectly addressed parcels, these will be returned to sender. 5.1 Deliveries to Post Office Boxes. MyPost Account holders may request that their parcels be delivered to their Post Office Box. Further details may be found at the Post Office Box webpage. Australia Post’s Post Office Box terms and conditions (PDF 143kB) (Schedule 14 of the Australia Post Terms and Conditions) apply to all parcels delivered to Post Office Boxes. 6.1 Safe Drop Service Deliveries. MyPost Account holders may request that their parcels be left in a safe location at their intended street address by using Australia Post’s Safe Drop Service. Further details may be found at the Safe Drop webpage. The MyPost Safe Drop terms and conditions apply to all parcels delivered using the Safe Drop Service.
   7.1 Setting a Preference. MyPost Account holders have the option of setting the Safe Drop Service as their delivery preference for all eligible parcels addressed to a street address by selecting the Safe Drop Delivery Preference in MyPost Deliveries and following the prompts. If you elect to set this option, Australia Post will send an email confirmation to the email address provided to us for use with your MyPost Account. You may cancel your Safe Drop Delivery Preference at any time in MyPost Deliveries, however this will only affect parcels which haven’t yet been lodged in Australia Post’s network. 7.2 Deliveries in accordance with your preference. Subject to clause 7.3, if you set Safe Drop Delivery Preference, your parcels which are eligible for the Safe Drop Service addressed to a street address will be delivered in accordance with your Safe Drop Delivery Preference. Situations where your parcel will not be eligible for the Safe Drop Service include: (a) parcels for which the sender has not provided Australia Post with either your email address or mobile phone number enabling them to be linked to your MyPost Account; (b) parcels which the sender doesn’t permit to be left unattended; and (c) where, in Australia Post’s reasonable opinion, there is no suitable place to leave your parcel in accordance with the MyPost Safe Drop terms and conditions. 7.3 Cancellation for individual parcels. You will have the ability to cancel your Safe Drop Delivery Preference in relation to individual parcels up to one hour before the time at which it is due to be delivered by selecting this option when you receive tracking notifications provided by Australia Post, or by selecting this option in MyPost Deliveries. Once cancelled, your parcel will revert to being delivered in accordance with the original delivery instructions, subject to any re-direction you may request under clause 8. 7.4 Application of terms & conditions. The MyPost Safe Drop terms and conditions apply to all parcels delivered using the Safe Drop Services.
  8.1 In-Flight Parcel Re-direction. MyPost Account holders have the option of selecting an alternative delivery address for eligible parcels addressed to a street address, by selecting this option when you receive tracking notifications provided by Australia Post, or by selecting this option in your MyPost Account. An alternate delivery address may be an alternate street address, your registered Parcel Locker address, your registered Parcel Collect address or a Post Office Box. 8.2 Applicable to eligible parcels. In-flight Parcel Redirection is only available for parcels for which the sender has provided Australia Post with either your email address or mobile phone number enabling them to be linked to your MyPost Account, and parcels which the sender allows to be re-directed. 8.3 Applicable to street addresses only. The In-flight Parcel Redirection is only available for parcels addressed to a street address and is not available to parcels addressed to Parcel Lockers, Parcel Collect or to Post Office Boxes. 8.4 Delayed Delivery. Use of the In-flight Parcel Redirection service will result in delivery of your parcel being delayed. Australia Post will use reasonable efforts to advise you of a new estimated delivery date at the time you select your alternate delivery address.
  9.1 Self Matching service. Where a sender sends you a parcel, provides your address electronically to Australia Post and has provided you with an Australia Post tracking number for a parcel but without providing Australia Post with either your email address or mobile phone number, you have the option of matching or linking that parcel to your MyPost Account. Self matching will only occur when you provide your address details to Australia Post and Australia Post is able to verify your address against the address provided by the sender. By using this feature, you will receive tracking notifications and have access to MyPost Delivery Services in relation to that parcel. 10.1 Application of fees. We reserve the right to apply fees (or vary then-current fees) for the provision of one or both of the Parcel Locker or the Parcel Collect Services. If we determine that a fee should apply or should be varied, we will give you reasonable notice (such as by email or on the MyPost Deliveries Website) of the fee that will be payable and the date on and from which that fee (or the varied fee) will apply.

10.2 Fees for Services. Fees will apply to certain MyPost Deliveries Services that you select. These fees will be clearly displayed on the website and you'll be given the opportunity to review and accept the fees before being charged. The fees are subject to change from time to time. 10.3 Acceptance. Your continued use of the Services following the date we introduce or increase any fee will mean you accept and agree to pay the relevant fee in consideration of the continued provision of the Services. 11.1 Email and mobile phone notifications: Tracking Services in relation to parcels using the MyPost Deliveries Services will be provided using the email address and/or mobile phone number you have selected to receive tracking and other notifications. You warrant to us that the email address and/or mobile phone number you supply are your email address and/or mobile phone number or that you have the authority and consent of the owner to use and supply the email address and/or mobile phone number to us. On registration of an email address, an email may be sent containing a confirmation link to confirm the validity of that email address. You may also deselect an email address and/or mobile phone number from receiving notifications at any time, provided however that you always have at least one nominated email address and mobile phone number at any time.
 11.2 Tracking information: Where we're supplied information from a participating merchant that does not exactly match your registered details, or where you supply an addressee's details and they do not match the addressee's registered details, we may not be able to provide a Tracking Service or you or your addressee may not receive complete or accurate tracking information or notifications. 11.3 No Guarantee: You acknowledge that while we will use reasonable endeavours to provide accurate track advice notifications as part of the Tracking Service, we do not guarantee you will receive any or all track advice notifications or track advice notifications in the correct order. Additional terms and conditions apply to our Tracking Service - please refer to Schedule 29 of the Australia Post Terms and Conditions. 11.4 Supply of information to us: In order to provide the Services, we need to collect and store certain information and Data from you, including information and data with respect to third parties, such as your selected retailers and addressees (Supplied Information). You warrant to us that you have the appropriate authority and consent to provide the information to us, and for us to use that information to provide the Services and to perform statistical and other analyses that are relevant to our business purposes in accordance with the licence you have granted to us under the MyPost Account Terms of Use. 11.5 Sharing of information: You acknowledge and agree we may share Supplied Information with your selected retailers. We will only share Supplied Information to the extent necessary to provide the Services or otherwise in accordance with the MyPost Account Terms of Use. 12.1 No warranty or guarantee. You acknowledge and agree that, to the extent permitted by law, and subject to clauses 13.1, 13.2 and 13.3: (a) we make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Services, or any internet service provider services, unless specifically stated otherwise; (b) we will not be liable if the Services, or any information obtained via the Services, are inaccurate, outdated or incorrect; and (c) we are not liable if the Services are unavailable for any reason, including as a result of: (i) a telecommunications interruption, delay, bottleneck, failure or fault; (ii) negligent, malicious or wilful acts or omissions by third parties (including our third party service providers); (iii) maintenance or repairs of the systems used in connection with the provision of the Services carried out by us or any third party service provider; (iv) any circumstances outside our reasonable control; or (v) services provided by third parties becoming unavailable. 12.2 Integrity and retention of Data. You acknowledge and agree that, to the extent permitted by law, and subject to clauses 13.1, 13.2 and 13.3, and the Australia Post Privacy Policy (which can be found at http://auspost.com.au/privacy.html), we make no representations, warranties or guarantees in relation to the integrity of the Data or length of time the Data will be retained by us.
  13.1 Liability. To the maximum extent permitted by law (including the Competition and Consumer Act 2010) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of Australia Post in connection with the use of any of the MyPost Deliveries Services or any other matter or thing relating to this agreement except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. This paragraph does not limit or exclude your rights under the Competition and Consumer Act 2010.
 13.2 Limitation of Liability. Where the law implies a warranty into these Terms of Use which may not lawfully be excluded (in particular warranties under the Competition and Consumer Act 2010) our liability for breach of such a warranty will be limited at our option, to any one or more of the following:
(a) in the case of goods, to any one of the following as we may determine: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
(b) in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.  13.3 Indemnity. You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all losses, claims actions, proceedings, damages, costs and expenses (including legal fees) arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Services; and
(b) any breach by you of: (i) these Terms of Use; or (ii) any Additional Terms applicable to providing a Service;
except to the extent that such loss or damage as a direct result of our fraud or wilful misconduct. In these Terms of Use:

Article and parcel are defined in the Australia Post Terms and Conditions. Australia Post, we, us or our means the Australian Postal Corporation. Australia Post Customer Number means the unique Australia Post customer number issued to the relevant MyPost Account holder. Australia Post Terms and Conditions means the Australia Post Terms and Conditions made pursuant to section 32(1)(b) of the Australian Postal Corporation Act 1989, which are available at http://auspost.com.au/general-terms-conditions.html. Data means information and data, including personal information, that you provide to us for the purpose of maintaining your MyPost account and/or using the Services and any other data we may collect (such as user generated information or user behaviour information) which we may collect in accordance with our Privacy Policy. Express Post is defined in the Australia Post Terms and Conditions. In-Flight Parcel Re-direction means the service set out in clause 8. MyPost Account Terms of Use means the "MyPost Account - terms of use" available at http://auspost.com.au/mypost-terms-of-use. MyPost Deliveries Website means the “Deliveries” portal and associated pages accessible via website at http://auspost.com.au/parcels-mail/mypost-deliveries.html and other associated websites at which Australia Post provides the Services. Parcel Collect Facility means a Post Office or other location designated by Australia Post where parcels can be collected by a customer using the Parcel Collect Service, which is more fully described at http://auspost.com.au/parcels-mail/parcel-collect.html. Parcel Collect Service means the parcel collection service provided by us where certain parcels can be addressed to a Parcel Collect Facility for collection by a customer, which is more fully described at http://auspost.com.au/parcels-mail/parcel-collect.html. Parcel Locker means an Australia Post parcel locker provided by us as part of the Parcel Locker Service. Parcel Locker Service means the Parcel Locker service provided by us where certain parcels can be dropped off by a customer in a Parcel Locker for carriage by us, or can be addressed to a Parcel Locker for collection by a customer, which is more fully described at http://auspost.com.au/parcellockers. Privacy Policy means the Australia Post Privacy Policy found at http://auspost.com.au/privacy. Safe Drop Delivery Preference means the service set out in clause 7. Self Matching Service means the service set out in clause 9. Services and MyPost Deliveries Services means: (a) the Parcel Locker Service; (b) the Parcel Collect Service; (c) Post Office Boxes; (d) the Safe Drop Service; (e) Safe Drop Delivery Preferences; (f) In-Flight Parcel Re-direction; and (g) Self Matching. Tracking Service means a tracking service offered by us that notifies recipients of the delivery status of certain articles subject to the terms and conditions of Schedule 29 of the Australia Post Terms and Conditions. Website Terms and Conditions means the Australia Post website terms and conditions available at http://auspost.com.au/about-us/website-terms-conditions.html. Epic Games TERMS OF SERVICE ACCEPTANCE OF THE TERMS OF SERVICE THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF EPIC GAMES, INC. AND ITS AFFILIATES (“EPIC”, “WE” “US” OR “OUR”), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER EPIC SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.” PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES. IN PARTICULAR, WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPTING THESE TERMS:   1. You are also agreeing to other Epic rules and policies that are expressly incorporated into and a part of these Terms. Please read them carefully: * Our Privacy Policy explains what information we collect from you and how we protect it. * Our Fan Content Policy explains what you can do with Epic’s Intellectual Property in the content you create.   * Our Terms of Service explain the rules for our websites.  2. You and Epic agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We explain the process in detail below, but we’ve put this up front (and in caps) because it’s important: THESE TERMS CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND EPIC AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND EPIC AGREES TO PAY YOUR ARBITRATION COSTS FOR ALL DISPUTES OF UP TO $10,000 THAT ARE MADE IN GOOD FAITH (SEE BELOW). TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE.  YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS).  IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS. In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Epic, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control. Privacy Notice Please review our Privacy Notice found at https://www.epicgames.com/privacypolicy, which also governs your use of the Services, to understand our practices.   Changes to the Terms of Service We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.   Accessing the Services and Account Security We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you.  Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms. To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain games, services, or functionality, Epic may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and Epic. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify Epic (via piracy@unrealengine.com) of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited. We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year. Photosensitivity:  Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.    Intellectual Property Rights The Services, including all content, features, and functionality thereof, are owned by Epic, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Epic. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content. You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services. Epic’s Fan Content Policy governs non-commercial use of such content. For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.   Billing, Payment and Epic Account Balance As used in this Section, if your primary residence is in the United States of America, then the term “Epic” means Epic Games, Inc., otherwise the term “Epic” means Epic Games International S.à r.l., acting through its Swiss branch. ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN THE EPIC ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. Through the Services, Epic may make available a prepaid balance service (“Epic Account Balance”). Your Epic Account Balance may only be used to obtain certain products and services offered by Epic (excluding the Epic Store found at http://www.epicgamesstore.com). To access the Epic Account Balance you may be asked to provide registration details, including without limitation a Payment Method (defined below) and related billing address. Epic may offer you the ability to use the following payment methods to place prepaid funds into your Epic Account Balance: credit card, prepaid payment card, promotional code, or any other payment method as specified by Epic (“Payment Method”). Any promotional code provided to you by Epic for use as a Payment Method may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a Payment Method to Epic for use in connection with the Epic Account Balance, you represent to Epic that you are the authorized user of the Payment Method, and you authorize Epic to charge your Payment Method for any Epic Account Balance funds or other fees incurred by you. If your use of the Epic Account Balance is subject to any sales or other taxes, then Epic may also charge you for those taxes. You are responsible for all uses of your Epic Account Balance, including all applicable taxes and all purchases made by you or anyone else using your Epic Account Balance. Within any twenty-four (24) hour period, the total amount stored in your Epic Account Balance plus the total amount spent out of your Epic Account Balance, in the aggregate, may not exceed US$2,000 or its equivalent in your local currency. Epic reserves the right to change, modify, or otherwise impose usage limits to your Epic Account Balance at any time, in its sole discretion. Epic Account Balance funds do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using Epic Account Balance funds, Epic will return the funds to your Epic Account Balance. Epic Account Balance funds are non-transferable to another person and do not accrue interest. Epic reserves the right to suspend or terminate your Epic Account Balance if after investigation Epic determines in its sole discretion that you misused the Epic Account Balance, conducted unauthorized Epic Account Balance transactions from another user’s Epic Account Balance, or used the Epic Account Balance to conduct any fraudulent or other illegal activity. In the event that your Epic Account Balance is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, Epic will return your remaining Epic Account Balance less any charges, fees, or other amounts owed to Epic. Otherwise, Epic Account Balances are not refundable and are not redeemable for money or monetary value from Epic or any other person or entity. Epic Account Balances that are deemed unclaimed property may be surrendered to the applicable authority, as required by applicable law.   Prohibited Uses You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Epic’s sole judgment).   User Contributions The Services contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to Epic and other users (“Post”) content or materials (“User Contributions”) on or through the Services. All User Contributions must comply with the following content standards: User Contributions must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant Epic a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media; however, Epic will only share personal information that you provide in accordance with Epic’s Privacy Policy.   You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you Post at the time of Posting; that the User Contributions are accurate and not fraudulent or deceptive; and that the User Contributions do not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. You understand that your User Contributions may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Epic takes no responsibility and assumes no liability for any content Posted by you or any third party. Epic has the right but not the obligation to monitor and edit or remove any User Contributions. Epic also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. Epic may exercise these rights at any time, without notice or liability to you or any third party.   Linking You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.   Disclaimers and Limitation of Liability Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services.  Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Epic on an “as is” and “as available” basis. Epic makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Epic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Epic does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Epic’s servers, or electronic communications sent from Epic are free of viruses or other harmful components.   To the full extent permissible by law, Epic will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, Epic’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Epic under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Indemnification This section only applies to the extent permitted by applicable law.  If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.  You agree to defend, indemnify, and hold harmless Epic, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.   Governing Law and Jurisdiction Any dispute or claim by you arising out of or related to these Terms shall be governed by North Carolina law, exclusive of its choice of law rules.  For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and Epic agree to submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina.  You and Epic agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial.  The Convention on Contracts for the International Sale of Goods will not apply.  Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms.  This paragraph will be interpreted as broadly as applicable law permits.  Binding Individual Arbitration; No Class Actions PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Most issues can be resolved quickly and amicably by contacting Epic customer support at https://www.epicgames.com/customer-service. But we understand that sometimes disputes can’t be easily resolved by customer support. This Section explains how You and Epic agree to resolve those disputes, including (where applicable) by binding, individual arbitration. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and Epic is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and Epic. Disputes related to Epic’s End User License Agreement (“EULA”): If you have agreed to Epic’s End User License Agreement (“EULA”), “Disputes” as that term is defined in the EULA will be resolved as provided for in the EULA, including the EULA’s “Binding Individual Arbitration” section.  The dispute resolution terms below apply to disputes arising solely under these Terms and not to products or services governed by a EULA. Disputes related to these Terms: If you have an issue related to these Terms and have not agreed to Epic’s EULA, the dispute-resolution terms below apply.  1.  Informal Resolution: If you have an issue that our customer support can’t resolve, prior to starting arbitration You and Epic agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and Epic agree to make a good-faith effort to negotiate any dispute between us for at least 30 days (“Informal Resolution”). Those informal negotiations will start on the day You or Epic receive a written Notice of a Dispute in accordance with these Terms. You will send your Notice of Dispute to Epic Games, Inc., Legal Department, ATTN: NOTICE OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want Epic to do. If Epic has a dispute with You, Epic will send our Notice of Dispute to your registered email address and any billing address You have provided us. If you reside in the European Union (“EU”), You may also be entitled to submit Your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court. If the dispute isn’t resolved within by Informal Resolution or small-claims court (below), You or Epic may start an arbitration in accordance with these Terms.  2.  Small Claims Court: Instead of using Informal Resolution, You and Epic agree that You may sue us in small-claims court in your choice of the county where you live or Wake County, North Carolina (if you meet the requirements of small-claims court). We hope you’ll try Informal Resolution first, but you don’t have to before going to small-claims court. 3. Binding Individual Arbitration: THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You and Epic agree that Disputes will be settled by binding individual arbitration conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) as modified by these Terms. This means that You and Epic agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (not a judge or jury) that makes the final decision to resolve the Dispute.  JAMS uses experienced professionals to arbitrate disputes, which helps You and Epic resolve any disputes fairly, but more quickly and efficiently than going to court.  The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.  The arbitrator’s decision is final, except for a limited review by courts under the U.S. Federal Arbitration Act, and can enforced like any other court order or judgment. 3.1 Disputes We Agree to Arbitrate: You and Epic agree to submit all Disputes between You and Epic to individual binding arbitration. “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between You and Epic that relates to your use or attempted use of Epic’s products or services and Epic’s products and services generally, including without limitation the validity, enforceability, or scope of this Binding Individual Arbitration section. You and Epic agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. The Informal Resolution and Arbitration sections do not apply to (1) individual actions in small-claims court; (2) pursuit of enforcement actions through a government agency if the law allows; (3) a complaint or remedy under the EU General Data Protection Regulation; (4) an action to compel or uphold any prior arbitration decision; (5) Epic’s right to seek injunctive relief against You in a court of law to preserve the status quo while an arbitration proceeds; (6) claims of piracy, creation, distribution, or promotion of Cheats, and intellectual-property infringement, and (7) the enforceability of the Class Action Waiver clause below.  You and Epic agree that whether a dispute is subject to arbitration under these Terms will be determined by the arbitrator rather than a court. 3.2 Arbitration Procedure: To start an arbitration, review the JAMS Rules and follow the instructions for initiating an arbitration on the JAMS website. The party starting an arbitration must send JAMS a “Demand for Arbitration” (available on its website), pay a filing fee, and mail a copy of the Demand for Arbitration to the opposing party. You will send a copy to Epic Games, Inc., Legal Department, ATTN: ARBITRATION OF DISPUTE, Box 254, 2474 Walnut Street, Cary, North Carolina, 27518, U.S.A. Epic will send our copy to your registered email address and any billing address You have provided us. The arbitration will be conducted by a single JAMS arbitrator selected with substantial experience in resolving intellectual-property and commercial-contract disputes. You and Epic both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms. If an in-person hearing is required, the hearing will take place either in Wake County, North Carolina, or where You reside; you choose. The arbitrator (not a judge or jury) will resolve the Dispute. Unless You and Epic agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.  The arbitrator may only award legal or equitable remedies that are requested by You or Epic to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).  The arbitrator may not award relief against Epic respecting any person other than You. Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement. 3.3 Arbitration Fees and Location: If You start the arbitration, you must pay the JAMS filing fee required for consumer arbitrations. In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, Epic will pay all of the JAMS costs, including the fees you otherwise would have been required to pay. If the above doesn’t apply to You, but You demonstrate that arbitration costs will be prohibitive compared to litigation costs, Epic will pay as much of your JAMS costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).    Even if Epic wins the arbitration and the applicable law or the JAMS Rules allow Epic to seek our portion of the JAMS fees from you, we won’t. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the JAMS rules.  JAMS costs do not include your Attorneys’ fees and costs and Attorneys’ fees and JAMS costs are not counted when determining how much a dispute involves. Epic won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the JAMS rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.  3.4 Notice and Filing: If a Dispute must be arbitrated, You or Epic must start arbitration of the Dispute within two (2) years from when the Dispute first arose.  If applicable law requires you to bring a claim for a Dispute sooner than two years after the Dispute first arose, you must start arbitration in that earlier time period.  Epic encourages You to tell us about a Dispute as soon as possible so we can work to resolve it. The failure to provide timely notice shall bar all claims. 3.5 Continuation in Effect: This Binding Individual Arbitration section survives any termination of these Terms or Epic’s provision of services to You. 3.6 Future Terms Changes: Although Epic may revise these Terms in its discretion, Epic does not have the right to alter these Terms to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises. 4. Class Action Waiver: To the maximum extent permitted by applicable law, You and Epic agree to only bring Disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms and all other actions or arbitrations. 5. Severability: If all or any provision of this Binding Individual Arbitration agreement is found invalid, unenforceable, or illegal, then You and Epic agree that the provision will be severed and the rest of these Terms shall remain in effect and be construed as if any severed provision had not been included.  The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, You and Epic agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in these Terms.  Under no circumstances shall arbitration be conducted on a class basis without Epic’s express consent. Language To the fullest extent permitted by law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. Les parties déclarent qu'elles ont demandé et par les présentes confirment leur desir exprés que cette convention soit rédigee en anglais. Any translation has been provided for your convenience.   Waiver and Severability No waiver of these Terms by Epic shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Epic to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.   Notice and Procedure for Making Claims of Copyright Infringement In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Epic has adopted a policy of terminating, in appropriate circumstances as determined by Epic, users or account holders who are deemed to be repeat infringers of the copyrights of others. Epic may also at its sole discretion limit access to the Services and/or update, transfer, suspend, or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your work has been used on the Website or in any other Services in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright Agent as follows: Legal Department Epic Games, Inc. 620 Crossroads Blvd. Cary, NC 27518 Telephone: (919) 854-0070 Email: dmca@epicgames.com Please include all of the following in your DMCA Notice: * Identify the copyrighted work that you claim has been infringed. If your DMCA Notice covers multiple works, you may provide a representative list of such works. * Identify the material that you claim is infringing, including a description of where the material is located. Your description must be reasonably sufficient to enable us to locate the material. Where possible, please include the URL of the webpage where the material is located. * Provide your full legal name, mailing address, telephone number, and (if available) e-mail address. * Include the following statement in the body of the DMCA Notice: * I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf. * Provide your electronic or physical signature. * Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that material or activity is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification with us. 
General Questions

For general questions, contact us at unrealengine.com/contact.
  Sonru Terms of Service Updated 25 May 2018 The Sonru Services Who We Are
Reference to “sonru.com“, “Sonru“, “us“, “we“ or “our“ in these Terms refer to Sonru Limited an Irish registered private limited liability company with its registered office at Chelsea House, Distillery Road, Wexford Town, Co. Wexford, Ireland. Our registered company number is 442260 and our VAT number is IE 9663611J. Sonru replicates the format of a phone, Skype or face to face interview. We provide a service which lets the interviewer sets the questions and candidates log in to read and record their answers and are not online at the same time as the interviewer. Like a traditional interview, candidates don’t see the questions in advance. They respond to one question at a time and get one chance to answer each question. While the Services provide a convenient and economic tool for remotely interviewing people online, the manner in which the Services are used is entirely determined by the interviewing company and not by Sonru. Our Terms of Service
By accessing or using the Sonru website (the “Site“) and all other products and services provided via the Site (the “Services“), you acknowledge and agree to the disclaimers, terms, conditions set forth below as well as the terms of the Sonru Privacy Policy (collectively the “Terms“). If you do not agree to the Terms, you should not use the Site. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them. By using the Services, you agree to be legally bound by these Terms. The Terms are available only in English. You can of course save or print the Terms at any time for your records. We will also email through a link to these Terms to each person who registers for a Sonru account. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms as so amended from time to time. Continued use of the Services after any such changes shall constitute your consent to such changes. Your Account, Your Responsibility
In order to register or create a Sonru account, whether as an interviewer or as an interviewee, you are required to provide some identifying information (including your legal full name and a valid email address). Once your Sign-up application has been received and verified by Sonru, you will be granted log in details, including a password (“Your Log In“), to access your Sonru account (“Your Account“). While certain parts of the Site are available to non-account holders, you can only activate Your Account once you have positively clicked your acceptance of these Terms. Your Log In is personal to you and may not be shared with others. If Your Account is a corporate account, you can create individual user accounts with separate log ins. However, you will be responsible for the activity of those individual users. IT IS ESSENTIAL THAT YOU MAINTAIN THE CONFIDENTIALITY OF YOUR LOG IN AS YOU WILL BE HELD RESPONSIBLE FOR ALL USE OF YOUR ACCOUNT IN THE EVENT OF A BREACH OF THESE TERMS. YOU MUST NOTIFY SONRU IMMEDIATELY IF THE CONFIDENTIALITY OF YOUR LOG-IN DETAILS ARE COMPROMISED OR IF YOUR ACCOUNT HAS BEEN ACCESSED UNLAWFULLY. SONRU CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECURITY OBLIGATION. Sonru as the “Mere Conduit“
 While the Services provide a convenient and economic tool for remotely interviewing people online, the manner in which the Services are used is entirely determined by the Account holders. Sonru plays no role in initiating the transmission of interview content, Sonru does not determine the recipient of the interview invitation and Sonru does not select or modify the information contained in any interview transmission. Sonru expresses no view as to the quality or suitability of any employer or interviewee and does not endorse any opinion, recommendation or advice expressed by users of the Services. Sonru expressly disclaims any and all liability in connection with such content. Accordingly, you agree that Sonru is not responsible for any loss, injury or damage to any individual as a result either directly or indirectly of any information published on the Site or made available through the Services. Inappropriate Content
A key feature of the Services is that they enable users to post their own content, either as an interviewer or an interviewee. While our “Conditions of Use“ below prohibit the posting of content which is factually inaccurate, unlawful or offensive, Sonru does not take responsibility for any content posted by third parties while using the Services. Accordingly, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sonru with respect to any such content. You acknowledge that while you may be exposed to such materials you will hold Sonru harmless in relation thereto. Sonru does not pre-screen content posted by users, but Sonru reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Services where it has any grounds to suspect non-compliance with these Terms. Violation of any of these Terms may result in the termination of your account (without prejudice to any other legal rights or remedies available to Sonru). The failure of Sonru to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Privacy and Security
Our Privacy Policy also applies to your use of this Site, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using this Site, you consent to such processing and you warrant that all data provided by you is accurate. You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Further details of our security measures are contained in our Privacy Policy. Conditions of Use of the Services
You must be 18 years or older to use the Services or be a student accessing the service as part of a school-approved scheme. You must be a human. Accounts registered by “bots“ or other automated methods are not permitted.
You must provide accurate and complete Sign-up and Log In details in order to validate Your Account and, where you are representing a company or other legal person, you warrant that you are duly authorised to open an account on behalf of that company. You cannot impersonate anyone else or use any Log In details other than those granted to you. Sonru reserves the right to verify new accounts by contacting the account owner by e-mail, phone or in person.
You must use a computer with sufficient internet bandwidth connectivity before recording interview content on the Site and will be required to take a bandwidth test prior to taking an interview. You must also have a web-cam and audio capability which comply with the criteria set out in the Site.
You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Sonru to use content provided by you for the purposes of the provision of the Services by Sonru, and otherwise to use such content in the manner contemplated by the Site and these Terms.
You are responsible for all content posted and activity that occurs under Your Account. This is the case even when content is posted by others who have accessed or created accounts under a corporate account.
You agree not to use the Services or cause or permit the Site to be used:-
 1. for any illegal or unauthorised purpose. For example, you must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). 2. to post content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, abusive or otherwise objectionable or violates any party's intellectual property or privacy rights or these Terms; 3. to circumvent, disable or otherwise interfere with any security related features of the Site or to jeopardise or prejudice the operation, quality or integrity of the Site or the Services, or the operation, quality or integrity of any telecommunications network; 4. for any commercial purpose including any direct marketing, contests or pyramid schemes, nor to use the Site or the Services to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material; 5. to harvest or otherwise collect information about others, including e-mail addresses, without their consent; 6. to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; 7. contrary to the terms and conditions of any Internet Service Provider whose services you may use. 8. to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent. Intellectual Property
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and those Services for which Your Account has been approved. However, no other right, title, or interest in the Site or in any such Services will be granted or transferred to you as a result of any permitted use of such Services. You shall not sub-license, assign or otherwise transfer the rights granted in clause to you. While Sonru does not claim any rights in respect of any original interview content posted by interviewers or interviewees, you agree to provide Sonru with a limited, royalty-free, non-exclusive, transferable, worldwide, perpetual licence to use, distribute and display all content posted by you while using the Services provided that such licence is restricted to the sole purpose of enabling the Sonru Group and its contractors to perform the Services. All original materials incorporated in or accessible through the Site (other than those posted by interviewers or interviewees), including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are owned, controlled or licensed by Sonru. Such materials may be used only for viewing the Site in the ordinary course or as a resource for availing of the Services or purchasing the products or Services offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. For the avoidance of doubt, screenscraping or other techniques of by-passing direct individual access to the Site are expressly prohibited. Availability, Closing Your Account and Suspension
While Sonru endeavors to ensure that the Service is normally available 24 hours a day, Sonru will not be liable if, for any reason, the service is unavailable at any time or for any period. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond Sonru’s control. Sonru reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services with or without notice. In such circumstances, Sonru's sole liability to you shall be to refund any unused service credits which have been purchased by you (excluding any free credits). The Services are not intended to act as an indefinite video or information repository and the closure of Your Account will result in the forfeiture and relinquishment of all content in Your Account. Accordingly, you are responsible for making your own arrangements in relation to the backing up of your data unless otherwise agreed in advance with Sonru that we will provide back up services for your data in exchange for a fee. To close Your Account, you can send an email request to cancel Your Account at any time by contacting us at support@sonru.com. All of the content in Your Account will be immediately deleted from the Services upon confirmation by Sonru of your Account closure. This information cannot be recovered once Your Account is cancelled. If you wish to request access to your data after Your Account has been closed, Sonru will raise a charge for such service based on its then applicable rates and depending on the quantity and availability of data involved. Termination of Your Account shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination Your Account shall remain in full force and effect. Interviewer Indemnity
Account holders shall defend, hold harmless and indemnify Sonru against all loss, damage, claims, liabilities, fees, costs, and expenses (including legal fees) arising out of any action taken against Sonru by an interviewer, interviewee or a third party based any claim relating to any interview or their use of the Services, including any acts or omissions of the interviewer, the candidate selection process, any employment, equality or other laws governing interviews and the selection or non-selection of employees and/or contractors pursuant to an interview. Disclaimers of Warranties
THESE SERVICES ARE PROVIDED BY SONRU ON AN “AS IS“ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SONRU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY OR INFRINGEMENT.
NEITHER SONRU, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONRU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. ALTHOUGH THIS SITE IS ACCESSIBLE WORLDWIDE, NOT ALL PRODUCTS OR SERVICES DISCUSSED OR REFERENCED HEREIN ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. SONRU RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA IT SO DESIRES. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE IN OR THROUGH THIS SITE IS VOID WHERE PROHIBITED. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) SONRU AND THE SONRU GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM; * THE USE OR THE INABILITY TO USE THE SERVICES * THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE; * UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; Links
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Sonru of the content on such third party websites. Sonru is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites. Sonru generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site's homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience. Force Majeure
We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, Service if such delay or failure result from events, circumstances or causes beyond its reasonable control. Complaints Procedure
Complaints about this Site or the Service must be communicated through support@sonru.com in the first instance and must be received within 30 days of completion of your use of the Service. Complaints received after this time may not be processed. In the event that the complaint is not resolved through the Sonru complaints procedure, you may refer to the On-line Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/ for further information on available dispute resolution procedures. Governing Law and Jurisdiction
The Site has been created and is controlled by Sonru in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of the Ireland. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Irish courts. Sonru Website Privacy Policy Updated 25 May 2018 INTRODUCTION Welcome to the Sonru privacy notice. Sonru respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice. 1. IMPORTANT INFORMATION AND WHO WE ARE 2. THE DATA WE COLLECT ABOUT YOU 3. HOW IS YOUR PERSONAL DATA COLLECTED 4. HOW WE USE YOUR PERSONAL DATA 5. DISCLOSURES OF YOUR PERSONAL DATA 6. INTERNATIONAL TRANSFERS 7. DATA SECURITY 8. DATA RETENTION 9. YOUR LEGAL RIGHTS 10. GLOSSARY 1. IMPORTANT INFORMATION AND WHO WE ARE PURPOSE OF THIS PRIVACY NOTICE This privacy notice aims to give you information on how Sonru collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a survey This website is not intended for children and we do not knowingly collect data relating to children. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. DATA CONTROLLER AND DATA PROCESSOR Sonru Limited is both a controller and processor of your personal data (collectively referred to as the ”Company”, “we”, “us” or “our” in this privacy notice). The Sonru Group refers to the Company and any subsidiaries or holding companies. For personal data collected on this website we act as data controller. For personal data collected during an interview or as part of your use of our automated video interviewing software “Sonru Services” we act as a data processor and the data controller is the company with whom you are interviewing. DEFINITIONS CONTACT DETAILS Our full details are: * Full name of legal entity:
Sonru Limited
Attn: Data privacy manager * Email address: dataprivacymanager@sonru.com * Postal address:
Sonru Ltd,

Chelsea House,

Distillery Road,

Wexford
Ireland * Telephone number: +353 53 9272 000 You have the right to make a complaint at any time to the Data Protection Commissioner (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, value the opportunity to deal with your concerns before you approach the DPC so please contact us in the first instance. CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES This version was last updated on 25th May 2018. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. THIRD-PARTY LINKS This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit. 2. THE DATA WE COLLECT ABOUT YOU Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows: * Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender. * Contact Data includes billing address, delivery address, email address and telephone numbers. * Transaction Data includes details of products and services you have used. * Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. * Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses. * Usage Data includes information about how you use our website, products and services. * Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice. We do not collect or facilitate the collection of Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data unless you yourself voluntarily provide such information in an interview). Nor do we collect any information about criminal convictions and offences. IF YOU FAIL TO PROVIDE PERSONAL DATA Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to provide you with the Sonru Services. In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time. 3. HOW IS YOUR PERSONAL DATA COLLECTED? We use different methods to collect data from and about you including through: * Sonru Services. Sonru’s clients use the Sonru application as a facility to interview people remotely. During interviews, candidates are asked to answer questions provided by the interviewing company. These answers will be recorded by audio and video and these recorded answers will be made available to Sonru clients and their authorised employees or contractors. These recorded interviews will also be made available to you by clicking on the “View Interviews” pages in your account in the case where viewing is enabled. Interviews will normally be stored for 24 months after which time they will be deleted unless you or the interviewing company has chosen to archive the information for a longer period (at an additional cost). Sonru is not a data controller of any information recorded in an interview. Sonru simply acts as a data processor and facilitates the recording of the video interview. Sonru transmits the content contained in the interview from the candidate to the interviewer. We maintain a copy of the interview on the hosting servers of our hosting partners for secure access by the nominated representatives of the interviewer. As the interviewing company is the Data Controller of the recorded video interviews, candidates must contact the company in question should they wish to discuss anything pertaining to the video interview. * Direct interactions. You may give us your Identity and, Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: * Use the Sonru Services; * create an account on our website; * subscribe to our service or publications; * request marketing to be sent to you; * enter a competition, promotion or survey; or * give us feedback. * Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy https://www.sonru.com/legal/privacy_policy for further details. * Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below: * Contact and Identity Data from the company organising the interview for the purposes of enabling you to access the Sonru Service. 4. HOW WE USE YOUR PERSONAL DATA We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: * Where we need to perform the Sonru Services or a contract we enter into with you. * Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. * Where we need to comply with a legal or regulatory obligation. Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing to at any time by Contacting us. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one basis has been set out in the table below. Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you as a new candidate/user of the Sonru Service (a) Identity (b) Contact Performance of a contract with the interviewer To process your interview or to provide the Sonru Services (a) Identity (b) Contact (c) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests in delivering the Sonru Services or to recover debts due to us To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey (a) Identity (b) Contact (c) Profile (d) Marketing and Communications (a) Necessary to allow a candidate use the Sonru Services (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) To complete a survey (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Technical (b) Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile Necessary for our legitimate interests (to develop our products/services and grow our business) MARKETING We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. [We have established the following personal data control mechanisms]: * Promotional offers from us. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing. * Third-party marketing We will get your express opt-in consent before we share your personal data with any company outside the Sonru group for marketing purposes. * Opting out. You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by Contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your interview through the Sonru services experience or other transactions. * Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see * Change of purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 5. DISCLOSURES OF YOUR PERSONAL DATA We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above. * Internal Third Parties as set out in the [Glossary]. * External Third Parties as set out in the [Glossary]. * Specific third parties listed in the table in [paragraph 4] above. * Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. 6. INTERNATIONAL TRANSFERS We share your personal data within the Sonru Group. This will involve transferring your data outside the European Economic Area (EEA). Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: * We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. * Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. * Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA. 7. DATA SECURITY We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 8. DATA RETENTION HOW LONG WILL YOU USE MY PERSONAL DATA FOR? We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data: see Request erasure below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you. 9. YOUR LEGAL RIGHTS Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please: * Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. * Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. * Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. * Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. * Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. * Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. * Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please Contact us. NO FEE USUALLY REQUIRED You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. WHAT WE MAY NEED FROM YOU We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. TIME LIMIT TO RESPOND We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 10. GLOSSARY LAWFUL BASIS Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party including where you agree to use the Sonru Services or to take steps at your request before entering into such a contract. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to. THIRD PARTIES INTERNAL THIRD PARTIES Other companies in the Sonru Group acting as joint controllers or processors and who are based in Australia, UK, Singapore and France provide IT and system administration services and undertake leadership reporting. EXTERNAL THIRD PARTIES * Service providers acting as processors who provide Hosting, IT and system administration services. * Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services. * The Revenue Commissioners, regulators and other authorities acting as processors or joint controllers based in Ireland, United Kingdom, France, Australia and Singapore who require reporting of processing activities in certain circumstances. Sonru Cookies Policy Updated 25 May 2018 INFORMATION ABOUT OUR USE OF COOKIES Sonru.com uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. We use the following cookies: * Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services. * Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. * Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). * Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose. You can find more information about the individual cookies we use and the purposes for which we use them in the table below: Name Purpose More information Sonru To identify you to Sonru so that we can enable you to remain logged in. - Intercom To enable us to use Intercom's services. We use their tools to communicate with you inside our web service. We also use Intercom to gather analytics and usage data. https://intercom.io/ Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. Except for essential cookies, all cookies will expire after 14 days. ProctorU Terms of Service These Terms of Service (“Terms”) govern your access to and use of ProctorU Inc.’s (“ProctorU”, “We”, or “Our”) website(s), browser extensions, platforms, applications, and other services (collectively, our “Services”). These Terms also apply to any information, text, audio, video, images, graphics, code, extensions, or other materials created uploaded, downloaded, transferred or otherwise appearing on or connected with the Services when you interact with ProctorU, including recordings of any test sessions (collectively referred to as “Content”). 1. Using ProctorU’s Services
 To use our Services, you need compatible hardware, software, and internet access. ProctorU is not responsible for any equipment or network malfunction or service disruption that affects your test session. By accessing or using ProctorU’s Services you agree to comply with and to be bound by these Terms. Do not access or use our Services if you do not agree to these Terms. ProctorU reserves the right to terminate any user or account and/or to suspend or end access to the Services, without notice to you, if it has reason to believe you have violated these Terms or if it has been validly instructed to do so by your Testing Institution. 2. Basic Terms
 You are responsible for your use of the Services and for any consequences thereof. The Services are being provided to you by ProctorU for the benefit of your college, university, instructor, school, organization, certification administrator, or other test delivery partner (hereafter, the “Testing Institution”). The Content you submit, post, or display, including all audio and video recordings or images, including any recordings or images of you made by the Services during your test session(s), will be shareable with and viewed by your Testing Institution. You may use the Services only in compliance with these Terms and any applicable local, state, national, and international laws, rules, and regulations. The form and nature of the Services that ProctorU provides may change from time to time without prior notice to you. Additionally, ProctorU may stop (permanently or temporarily) providing the Services (or any features within the Services) to you without prior notice. As a user of the Services, you are prohibited from photographing, or recording, by video or sound, any part of ProctorU’s Services for any purpose, unless ProctorU has granted you express written permission to do so. You may not remove copies of test questions or test answers, and you may not share or discuss with anyone any of the test questions, test content, or test answers you viewed during your test. We reserve the right to adjust our fees from time to time, without providing prior notice. The current fee schedule is available through your Testing Institution, and it is fully incorporated herein by reference. The incorporation of the fee schedule, by reference, includes any changes to pricing or availability of choices. Unless your Testing Institution is paying your test session fees directly to us, you are responsible for all fees and costs associated with your use of the Services, including any fees for “premium” services that you select. 3. Privacy
 ProctorU’s current Privacy Policy (available here) is expressly incorporated into these Terms by reference. Your use of the Services and any Content that you provide during your interaction with ProctorU is subject to our Privacy Policy, which governs how your information and any Content you provide is collected and forwarded to your Testing Institution. 4. Identity Authentication
 By selecting to use the Services, you agree to provide only true and accurate information to authenticate your identity. 5. Connecting to your computer
 When you use the Services, ProctorU will remotely connect to your computer in order to monitor your computer screen and premises. As a part of using the Services, you agree to scan your premises using your webcam if or when a proctor request that you do so. The proctor will provide you with reasonable instructions on how to accurately scan your room. You agree to maintain audio and video contact with the proctor during the test session, to enable the Services to record your test session, and to disconnect audio and video contact from the test session once it ends. You authorize us to make all recordings of and any Content from your examination or test session available to your Testing Institution. If you exhibit unacceptable behavior during your test session, ProctorU reserves the right to deny service and report your actions to your Testing Institution. By choosing to use ProctorU’s services, you understand and acknowledge that the proctor may immediately terminate your test session if the proctor experiences or observes: 1. Anything that would require termination based on the agreement between your Testing Institution and ProctorU; or 2. Any conduct that the proctor deems vulgar, offensive, pornographic, obscene, abusive, criminal, or otherwise inappropriate. When you choose to use the Services, you grant the proctor the right to use whatever method ProctorU makes available to recommend that your examination or test be disqualified if or when the proctor detects suspicious or questionable action(s) during the test session. 6. Accounts and Passwords
 In order to use the Services, you may be required to register with ProctorU and to create an account. You will receive account confirmation through the email address you provide during registration. When you create your account, you are agreeing to: (i) provide true, accurate, current, and complete information about yourself and (ii) maintain and promptly update your registration information to keep it true, accurate, current, and complete. ProctorU, in its sole discretion, has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) if: 1. You provide any information that is untrue, inaccurate, not current, or incomplete; or 2. ProctorU has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete; or 3. You provide erroneous information. You are responsible for maintaining the confidentiality of your account credentials. If you have reason to believe that your account is no longer secure, you must promptly change your password and immediately notify us by contacting sending an email to help@proctoru.com. 7. Content
 You are solely responsible for any Content that you originate and transmits while using the Services. Because ProctorU does not control user-generated Content transmitted via the Services, we cannot take responsibility for such Content. By submitting, transferring, posting, or displaying Content on or through the Services, you give ProctorU permission to use, transmit, display, and distribute such Content to your Testing Institution. You are responsible for how you use the Services, any Content you provide, and any consequences thereof, including the disqualification of your test by your Testing Institution. ProctorU is not and will not be responsible or liable for how your Testing Institution chooses to use your Content. When you use the Services, you represent and warrant that you have all the rights, power, and necessary authority to submit your Content. 8. ProctorU Intellectual Property Rights
 Our Services contain intellectual property that is exclusively owned by ProctorU and its licensors, including but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, code, content and the layout, coordination, and arrangement of our Services. All intellectual property rights in our Services are protected by applicable United States and international intellectual property laws and treaties. By using the Services, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about our Services (“Submissions”) that you send to ProctorU are voluntary and non-confidential, and you agree that ProctorU is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Neither the Services nor any portion thereof may be modified, copied, reproduced, downloaded, posted, transmitted, transferred, sold, or distributed in any form except as described in these Terms. You agree to comply with all copyright and other laws worldwide in your use of our Services and to prevent any unauthorized copying of any Content from our Services. You are granted a non-exclusive and non-transferable license to electronically access and use the Services only in the manner described in these Terms. ProctorU does not sell to you, and you do not have the right to sublicense, any ProctorU intellectual property. You agree and acknowledge that ProctorU has the right to change the Content or technical specifications of any aspect of the Services, in its sole discretion. ProctorU may revoke or terminate this license at any time, without notice or liability. We will not be responsible if, for any reason, all or any part of the Services become unavailable. No other right, title, or interest in or to the Services is transferred to you, and ProctorU reserves all rights not expressly granted herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in a manner that breaches these Terms, your right to use the Services will cease immediately. 9. Links
 The Services may contain links to third-party websites or resources outside of ProctorU’s control. By using the Services, you acknowledge and agree that ProctorU is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. The inclusion of links to such websites or resources does not imply ProctorU’s endorsement of such websites or resources or the content, products, or services available therein. By using the Services, you acknowledge that you are solely responsible for and assume all risk arising from your use of any such third-party websites or resources. You may provide a link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Subject to the foregoing, you must not: 1. Establish a link to our Services from any website that is not owned by you; or 2. Cause our Services or any portions of it to be displayed, or appear to be displayed, by any other site, for example, framing, deep linking, or in-line thinking, on any other site; or 3. Otherwise take any action with respect to our Services that is inconsistent with any other provision of this Agreement. You agree to cooperate with us and immediately cease any linking when directed to do so by ProctorU. We reserve the right to withdraw linking permission without notice. 10. Warranties
 You represent and warrant that the information you provide when downloading, registering for, accessing, or otherwise using our Services and all information that you subsequently provide regarding yourself is true and accurate and not misleading. Your access to and use of the Services or any Content is at your own risk. ProctorU makes no warranties, express or implied, regarding errors or omissions and assumes no liability for loss or damage resulting from the use of or inability to use the services. You understand and agree that the Services are provided to you on an AS IS, WITH ALL FAULTS, and AS AVAILABLE basis. Neither ProctorU nor its vendors, affiliates, or any person associated with ProctorU makes any warranty or representation with respect to the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content therein. Neither ProctorU nor anyone associated with ProctorU represents or warrants that the Services will be accurate, reliable, error-free, uninterrupted, free of transmission errors, that defects will be corrected, that the Services are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations. When you use our Services, any information that you submit will be transmitted via the internet and such transmission is beyond our control. ProctorU does not assume any responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. ProctorU does not assume any liability for loss or damage to your computer systems, devices, or networks as a result of your use of the services. ProctorU will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, devices, or data due to your use of the Services. No advice or information, whether oral or written, obtained from ProctorU or through the Services, will create any warranty that has not been expressly and explicitly made herein. YOUR SOLE REMEDY AGAINST PROCTORU FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. Without limiting the foregoing, PROCTORU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ProctorU will not be liable for any delay or failure in performance of the Services. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Services, for any cause of action. 11. Limitation of Liability
 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PROCTORU OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, EMOTIONAL HARM, DAMAGE TO GOODWILL OR REPUTATION, OR OTHER ECONOMIC LOSS. 12. Exclusions
 Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages. Therefore, any warranty exclusion(s) and/or limitation(s) of liability will not apply to users who are subject to applicable prohibitions.  All other warranty exclusions and limitations of liability shall remain in full force and effect. 13. Indemnity
 By using the Services, you agree to defend, indemnify, and hold harmless ProctorU, our officers, directors, stockholders, employees, agents, contractors, partners, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses arising from your breach of these Terms, your illegal conduct, or your violation of the rights of any third party, including rights available under our agreements with any Testing Institution or other third party. Those claims, liabilities, damages, losses or expenses may include, but are not limited to, reasonable attorneys’ fees, court costs, and costs that arise out of or are in any way connected with your access to or use of the Services, your violation of or failure to perform any obligation under these Terms, or your violation of any rights of any third party. 14. Waiver and Severability
 ProctorU’s failure to exercise or enforce any right or provision of these Terms will not be deemed as a waiver of its right to the benefits associated with such right(s) or provision(s). No waiver by ProctorU of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. In the event that any provision of these Terms is held to be invalid or unenforceable by any applicable law, rule, order, or regulation of any government, or by the final determination of any state or federal court, such provision shall be ineffective only to the extent of such invalidity, and shall not affect the enforceability of any other provision in these Terms. 15. Controlling Law and Jurisdiction
 All Terms and any claim or action arising out of or in any way related thereto will be governed by the laws of the State of Alabama without regard to or application of its conflict of law provisions. All claims, legal proceedings, or litigation arising out of or in connection with or related to the Services will be brought solely in a court of competent jurisdiction in the State of Alabama, County of Jefferson. 16. International Use of Services
 These Services are created, operated, and controlled by ProctorU from the United States. ProctorU makes no claims that the Services are appropriate for use outside of the United States. You may not use the Services or any component of the Services in violation of United States or foreign export laws and regulations. Access to the Services may not be legal in certain countries outside the United States. If you use the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 17. Modification to Terms
 ProctorU may modify these Terms at any time at its sole discretion by changing, adding to, deleting from or otherwise updating them. ProctorU will and provide notice of changes to these Terms by posting them on our Services or by any other means available under applicable law. Any such revisions become effective immediately and supersede and supplant any previous version of these Terms. You should visit these Terms from time to time to review the then current Terms because they are binding on you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. It is your obligation to be familiar with the Terms that are in effect at the time of your use. The current Terms supersede and supplant any previous version of the Terms. By continuing to use the Services after we provide notice of any change, you agree that your access and use of the Services is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of these Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 18. Supplemental Agreements Certain provisions of these Terms may operate in conjunction with expressly designated legal notices, agreements between ProctorU and your Testing Institution, or terms located on particular pages or components of ProctorU’s Services (each a “Supplemental Agreement”). In the event of a conflict or inconsistency between these Terms and a Supplemental Agreement governing or otherwise concerning your use of ProctorU’s Services, the provisions of the Supplemental Agreement shall prevail, unless ProctorU expressly agrees otherwise in writing. ProctorU will not retain or use your personal data for a period or in a manner inconsistent with the retention or use your Testing Institution permits under any Supplemental Agreement.” Contact ProctorU Inc.
Attn: Compliance
2200 Riverchase Ctr.  Suite 600
Birmingham, AL 35244
+1-844-945-1453
Email us Effective: May 4, 2020 ProctorU Privacy Policy ProctorU does not use any student’s personal information for any reason other than the proctoring of online exams. We never sell any personal information to third parties. We do not market to students, nor do we share any personal information for the purpose of marketing to students. This Privacy Policy describes ProctorU Inc.’s (“ProctorU”) policies and procedures for the collection, receipt, use, storage, sharing, transfer, disclosure, and other processing of personal information through our websites, browser extensions, platforms, and applications, including, but not limited to,  ProctorU Go and ProctorU (collectively, our “Services”), as well as your rights with respect to the information that we process about you. ProctorU may obtain your information through your use of the Services or from your educational institution or certifying entity. When using any of our Services you understand that we will process your information consistent with the ways described in this Privacy Policy. We also may provide you with additional privacy disclosures and ask for your consent for the processing of certain information depending on the Services you are using. If you do not agree with the terms of this Privacy Policy, do not use our Services. Information Collection and Use Information You Provide to Us Contact Us: When you contact us through an online form or through LiveChat, we will ask for identifying information such as your name, email address, educational institution, certifying entity, and ProctorU status (e.g., test taker, professor, or administrator). We may also ask you to provide us with information about the reason you are contacting us.  We request this information so that we can accurately respond to your inquiries and address any support needs. Downloading Whitepapers and eBooks: We require you to provide us with your email address when you download certain whitepapers and eBooks. You may also provide us with your name. Account Registration: When you create or reconfigure a ProctorU account, you will be required to provide us with your name, username, password, email address, educational institution or certifying entity, contact phone number, country of residence, and for registrants in the United States, your residential address.  You can also choose, but are not required, to provide us with additional phone numbers, your full residential address (non-U.S. users), and a profile picture using your device’s camera (instructor registration only). A third-party entity processes all payments for using ProctorU’s Services. Therefore, ProctorU will never collect or retain any of your credit card or other electronic payment information. We use this information to conduct our online testing services. Testing Before taking an exam, you must download our browser extension, using your username and password. Before your exam you must provide us with access to your device’s camera and microphone and share your screen with our proctors through a LogMeIn File. We require you to share your photo ID on camera and we use that ID in conjunction with biometric facial recognition software to authenticate your identity. We also require you to perform a biometric keystroke measurement for some exams. During your exam, we continue to monitor your screen, camera, and microphone in order to meet the requirements of your institution’s testing parameters, communicate with you, and monitor your exam. Job Applications: When you apply to work for us through our website, we require you to provide us with your name, email address, phone number, resume, work eligibility status, information about prior employment with ProctorU, information about your proximity to the office where you are applying, and information about how you learned about the position. We request this information in order to satisfy our legal obligations and to evaluate your eligibility and qualifications for the open position. Information Collected Automatically Website Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, internet service provider (ISP), operating system, date/time stamp, clickstream data, and browser plug-ins. We use this information to analyze trends, to administer our websites, to track users’ movements around the site and to gather demographic information about our user base as a whole. Cookies: We use cookies or similar technologies to retain user settings, analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. Our website does not respond to “Do Not Track” signals. If you reject cookies, you may still use our websites, but your ability to use some features or areas of our websites may be limited. Testing: During testing, we automatically track your keystroke pattern to ensure it matches the biometric profile created before the start of your exam. We also obtain IP address information to help troubleshoot issues and verify your testing location. Legal Basis for Processing We process your personal information, with your consent, where necessary to perform a contract, and where doing so is in our legitimate interests such as protecting the integrity of our software, protecting the integrity of our testing process, protecting our intellectual property or the intellectual property of educational institutions/certifying entities, providing and improving our Services, and ensuring compliance with applicable laws and our Terms of Service. Third Party Sharing Analytics: ProctorU uses software such as Google Analytics to help understand use of our Services. Google Analytics collects information sent by your browser as part of a web page request, including cookies and your IP address. Google also receives this information and their use of it is governed by their Privacy Policy. Advertising: We partner with a third party to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union, click here). Please note this does not opt you out of all ads, only targeted ads. You will continue to receive generic advertisements online. Other Websites and Social Media: We share information with third-party apps and websites that integrate with our API or Services, or those with an API or Service with which we integrate. Our website includes links to other websites whose privacy practices may differ from those of ProctorU. If you submit personal information to any of those websites, your information is governed by their respective privacy policies. We encourage you to carefully read the privacy policy of any website you visit. Our website also includes social media buttons and widgets for platforms such as Facebook, Twitter, Vimeo, and LinkedIn. These features may collect your IP address, which page(s) you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policies of the companies providing them. Your Institution: We may disclose information, including video and audio recording of your exam session, to your educational institution/certifying entity upon request. We do this so that your educational institution/certifying entity can verify that you were the person taking the exam and that no exam protocols were violated. Service Providers: We may engage certain trusted third-parties to help optimize our website and assist with our testing services. We share your personal information with these third-parties only to the extent necessary for them to perform the functions we have requested. These companies are authorized to use your personal information only as necessary to provide services to us in a manner consistent with our obligations under Privacy Shield. Legal: In certain situations, ProctorU Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. Business Transfers: ProctorU may transfer information to a third party in the event of a bankruptcy, merger, acquisition, reorganization, or similar transaction. You will be notified via email and/or a prominent notice on our website of any change in ownership that affects the processing of your personal information, as well as any choices you may have regarding your personal information. Other Sharing: We will also share your information when you provide us with consent to do so. Data Retention We retain information for as long as necessary to perform the Services described in this Policy, as long as necessary for us to perform any contract with you or your institution, or as long as needed to comply with our legal obligations. Cross-Border Data Transfers and Privacy Shield ProctorU stores your information in the United States of America. To facilitate our operations, we may process your information with our partners and service providers based around the world. We always take appropriate steps to ensure your privacy rights continue to be protected in accordance with applicable law. ProctorU complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. ProctorU has certified to the Department of Commerce that it adheres to Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and Privacy Shield Principles, Privacy Shield Principles shall govern. To learn more about Privacy Shield program, and to view our certification, please visit privacyshield.gov. ProctorU is responsible for processing personal data it receives, under Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. ProctorU complies with Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to Privacy Shield Framework, ProctorU is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, ProctorU may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. If you have a Privacy Shield complaint, please contact us. Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. Security We use commercially reasonable technical, organizational, and administrative measures to protect our Services against unauthorized or unlawful access or processing and against accidental loss, theft, disclosure, copying, modification, destruction, or damage. Nonetheless, we cannot guarantee that transmissions of your information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our service providers. You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your account with anyone. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed in the Contact Us section, below. Children Our Services are not directed to children under the age of 13. If you believe that a child under 13 has provided their information to ProctorU, please contact us as detailed in the “Contact Information” section, so that we can take steps to delete it. Your California Privacy Rights California residents may view the California specific privacy policies and practices at : https://www.proctoru.com/ca-privacy-policy Other Individual Rights To the extent required by applicable law, we provide you with the ability to access, correct, export, delete, withdraw consent, object to the processing of, or suspend processing of your personal information. These functions will either be available within our Services, or you can contact us to submit a request. Note that if your request relates to information associated with your exam, you must submit your request through your testing institution. We will respond to your request in accordance with applicable regulations. We will require you to verify your identity before we respond to your request. Individuals in the European Economic Area (EEA): You have the right to lodge a complaint with a supervisory authority if you believe we have processed your personal information in a manner inconsistent with your rights. Changes to this Policy We may update this privacy policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address associated with your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Contact Information If you have questions about this privacy policy, or if you want to inquire about enforcing your  individual privacy rights, please contact us using the information below: ProctorU Inc.
Attn: Compliance
2200 Riverchase Ctr. Suite 600
Birmingham, AL 35244
+1-844-945-1453
Compliance@ProctorU.com Effective Date:  March 30, 2020 Dgraph Community License Agreement Please read this Dgraph Community License Agreement (the "Agreement") carefully before using Dgraph (as defined below), which is offered by Dgraph Labs, Inc. or its affiliated Legal Entities ("Dgraph Labs"). By downloading Dgraph or using it in any manner, You agree that You have read and agree to be bound by the terms of this Agreement. If You are accessing Dgraph on behalf of a Legal Entity, You represent and warrant that You have the authority to agree to these terms on its behalf and the right to bind that Legal Entity to this Agreement. Use of Dgraph is expressly conditioned upon Your assent to all the terms of this Agreement, to the exclusion of all other terms. 1. Definitions. In addition to other terms defined elsewhere in this Agreement, the terms below have the following meanings. (a) "Dgraph" shall mean the graph database software provided by Dgraph Labs, including both Dgraph Core and Dgraph Enterprise editions, as defined below. (b) "Dgraph Core" shall mean the open source version of Dgraph, available free of charge at https://github.com/dgraph-io/dgraph (c) "Dgraph Enterprise Edition" shall mean the additional features made available by Dgraph Labs, the use of which is subject to additional terms set out below. (d) "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted Dgraph Labs for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to Dgraph Labs or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, Dgraph Labs for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." (e) "Contributor" shall mean any copyright owner or individual or Legal Entity authorized by the copyright owner, other than Dgraph Labs, from whom Dgraph Labs receives a Contribution that Dgraph Labs subsequently incorporates within the Work. (f) "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work, such as a translation, abridgement, condensation, or any other recasting, transformation, or adaptation for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. (g) "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. (h) "License" shall mean the terms and conditions for use, reproduction, and distribution of a Work as defined by this Agreement. (i) "Licensor" shall mean Dgraph Labs or a Contributor, as applicable. (j) "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. (k) "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. (l) "Third Party Works" shall mean Works, including Contributions, and other technology owned by a person or Legal Entity other than Dgraph Labs, as indicated by a copyright notice that is included in or attached to such Works or technology. (m) "Work" shall mean the work of authorship, whether in Source or Object form, made available under a License, as indicated by a copyright notice that is included in or attached to the work. (n) "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. 2. Licenses. (a) License to Dgraph Core. The License for Dgraph Core is the Apache License, Version 2.0 ("Apache License"). The Apache License includes a grant of patent license, as well as redistribution rights that are contingent on several requirements. Please see http://www.apache.org/licenses/LICENSE-2.0 for full terms. Dgraph Core is a no-cost, entry-level license and as such, contains the following disclaimers: NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, DGRAPH CORE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE IN TRADE. For clarity, the terms of this Agreement, other than the relevant definitions in Section 1 and this Section 2(a) do not apply to Dgraph Core. (b) License to Dgraph Enterprise Edition. i Grant of Copyright License: Subject to the terms of this Agreement, Licensor hereby grants to You a worldwide, non-exclusive, non-transferable limited license to reproduce, prepare Enterprise Derivative Works (as defined below) of, publicly display, publicly perform, sublicense, and distribute Dgraph Enterprise Edition for Your business purposes, for so long as You are not in violation of this Section 2(b) and are current on all payments required by Section 4 below. ii Grant of Patent License: Subject to the terms of this Agreement, Licensor hereby grants to You a worldwide, non-exclusive, non-transferable limited patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer Dgraph Enterprise Edition, where such license applies only to those patent claims licensable by Licensor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. iii License to Third Party Works: From time to time Dgraph Labs may use, or provide You access to, Third Party Works in connection Dgraph Enterprise Edition. You acknowledge and agree that in addition to this Agreement, Your use of Third Party Works is subject to all other terms and conditions set forth in the License provided with or contained in such Third Party Works. Some Third Party Works may be licensed to You solely for use with Dgraph Enterprise Edition under the terms of a third party License, or as otherwise notified by Dgraph Labs, and not under the terms of this Agreement. You agree that the owners and third party licensors of Third Party Works are intended third party beneficiaries to this Agreement. 3. Support. From time to time, in its sole discretion, Dgraph Labs may offer professional services or support for Dgraph, which may now or in the future be subject to additional fees. 4. Fees for Dgraph Enterprise Edition or Dgraph Support. (a) Fees. The License to Dgraph Enterprise Edition is conditioned upon Your payment of the fees which You agree to pay to Dgraph Labs in accordance with the payment terms agreed upon by contacting contact@dgraph.io. Any professional services or support for Dgraph may also be subject to Your payment of fees, which will be specified by Dgraph Labs when you sign up to receive such professional services or support. Dgraph Labs reserves the right to change the fees at any time with prior written notice; for recurring fees, any such adjustments will take effect as of the next pay period. (b) Overdue Payments and Taxes. Overdue payments are subject to a service charge equal to the lesser of 1.5% per month or the maximum legal interest rate allowed by law, and You shall pay all Dgraph Labs’ reasonable costs of collection, including court costs and attorneys’ fees. Fees are stated and payable in U.S. dollars and are exclusive of all sales, use, value added and similar taxes, duties, withholdings and other governmental assessments (but excluding taxes based on Dgraph Labs’ income) that may be levied on the transactions contemplated by this Agreement in any jurisdiction, all of which are Your responsibility unless you have provided Dgraph Labs with a valid tax-exempt certificate. (c) Record-keeping and Audit. If fees for Dgraph Enterprise Edition are based on the number of cores or servers running on Dgraph Enterprise Edition or another use-based unit of measurement, You must maintain complete and accurate records with respect to Your use of Dgraph Enterprise Edition and will provide such records to Dgraph Labs for inspection or audit upon Dgraph Labs’ reasonable request. If an inspection or audit uncovers additional usage by You for which fees are owed under this Agreement, then You shall pay for such additional usage at Dgraph Labs’ then-current rates. 5. Trial License. If You have signed up for a trial or evaluation of Dgraph Enterprise Edition, Your License to Dgraph Enterprise Edition is granted without charge for the trial or evaluation period specified when You signed up, or if no term was specified, for thirty (30) calendar days, provided that Your License is granted solely for purposes of Your internal evaluation of Dgraph Enterprise Edition during the trial or evaluation period (a "Trial License"). You may not use Dgraph Enterprise Edition under a Trial License more than once in any twelve (12) month period. Dgraph Labs may revoke a Trial License at any time and for any reason. Sections 3, 4, 9 and 11 of this Agreement do not apply to Trial Licenses. 6. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. (e) Enterprise Derivative Works: Derivative Works of Dgraph Enterprise Edition ("Enterprise Derivative Works") may be made, reproduced and distributed in any medium, with or without modifications, in Source or Object form, provided that each Enterprise Derivative Work will be considered to include a License to Dgraph Enterprise Edition and thus will be subject to the payment of fees to Dgraph Labs by any user of the Enterprise Derivative Work. 7. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in Dgraph by You to Dgraph Labs shall be under the terms and conditions of https://cla-assistant.io/dgraph-io/dgraph (which is based off of the Apache License), without any additional terms or conditions, payments of royalties or otherwise to Your benefit. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement You may have executed with Dgraph Labs regarding such Contributions. 8. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 9. Limited Warranty. (a) Warranties. Dgraph Labs warrants to You that: (i) Dgraph Enterprise Edition will materially perform in accordance with the applicable documentation for ninety (90) days after initial delivery to You; and (ii) any professional services performed by Dgraph Labs under this Agreement will be performed in a workmanlike manner, in accordance with general industry standards. (b) Exclusions. Dgraph Labs’ warranties in this Section 9 do not extend to problems that result from: (i) Your failure to implement updates issued by Dgraph Labs during the warranty period; (ii) any alterations or additions (including Enterprise Derivative Works and Contributions) to Dgraph not performed by or at the direction of Dgraph Labs; (iii) failures that are not reproducible by Dgraph Labs; (iv) operation of Dgraph Enterprise Edition in violation of this Agreement or not in accordance with its documentation; (v) failures caused by software, hardware or products not licensed or provided by Dgraph Labs hereunder; or (vi) Third Party Works. (c) Remedies. In the event of a breach of a warranty under this Section 9, Dgraph Labs will, at its discretion and cost, either repair, replace or re-perform the applicable Works or services or refund a portion of fees previously paid to Dgraph Labs that are associated with the defective Works or services. This is Your exclusive remedy, and Dgraph Labs’ sole liability, arising in connection with the limited warranties herein. 10. Disclaimer of Warranty. Except as set out in Section 9, unless required by applicable law, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, arising out of course of dealing, course of performance, or usage in trade, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CORRECTNESS, RELIABILITY, or FITNESS FOR A PARTICULAR PURPOSE, all of which are hereby disclaimed. You are solely responsible for determining the appropriateness of using or redistributing Works and assume any risks associated with Your exercise of permissions under the applicable License for such Works. 11. Limited Indemnity. (a) Indemnity. Dgraph Labs will defend, indemnify and hold You harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or a non-appealable judgement by a court ("Losses"), to the extent arising from any claim or allegation by a third party that Dgraph Enterprise Edition infringes or misappropriates a valid United States patent, copyright or trade secret right of a third party; provided that You give Dgraph Labs: (i) prompt written notice of any such claim or allegation; (ii) sole control of the defense and settlement thereof; and (iii) reasonable cooperation and assistance in such defense or settlement. If any Work within Dgraph Enterprise Edition becomes or, in Dgraph Labs’ opinion, is likely to become, the subject of an injunction, Dgraph Labs may, at its option, (A) procure for You the right to continue using such Work, (B) replace or modify such Work so that it becomes non-infringing without substantially compromising its functionality, or, if (A) and (B) are not commercially practicable, then (C) terminate Your license to the allegedly infringing Work and refund to You a prorated portion of the prepaid and unearned fees for such infringing Work. The foregoing states the entire liability of Dgraph Labs with respect to infringement of patents, copyrights, trade secrets or other intellectual property rights. (b) Exclusions. The foregoing obligations shall not apply to: (i) Works modified by any party other than Dgraph Labs (including Enterprise Derivative Works and Contributions), if the alleged infringement relates to such modification, (ii) Works combined or bundled with any products, processes or materials not provided by Dgraph Labs where the alleged infringement relates to such combination, (iii) use of a version of Dgraph Enterprise Edition other than the version that was current at the time of such use, as long as a non-infringing version had been released, (iv) any Works created to Your specifications, (v) infringement or misappropriation of any proprietary right in which You have an interest, or (vi) Third Party Works. You will defend, indemnify and hold Dgraph Labs harmless against any Losses arising from any such claim or allegation, subject to conditions reciprocal to those in Section 11(a). 12. Limitation of Liability. In no event and under no legal or equitable theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts), and notwithstanding anything in this Agreement to the contrary, shall Licensor or any Contributor be liable to You for (i) any amounts in excess, in the aggregate, of the fees paid by You to Dgraph Labs under this Agreement in the twelve (12) months preceding the date the first cause of liability arose), or (ii) any indirect, special, incidental, punitive, exemplary, reliance, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, profits, data or data use, work stoppage, computer failure or malfunction, cost of procurement of substitute goods, technology or services, or any and all other commercial damages or losses), even if such Licensor or Contributor has been advised of the possibility of such damages. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 13. Accepting Warranty or Additional Liability. While redistributing Works or Derivative Works thereof, and without limiting your obligations under Section 6, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold Dgraph Labs and each other Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. 14. General. (a) Relationship of Parties. You and Dgraph Labs are independent contractors, and nothing herein shall be deemed to constitute either party as the agent or representative of the other or both parties as joint venturers or partners for any purpose. (b) Export Control. You shall comply with the U.S. Foreign Corrupt Practices Act and all applicable export laws, restrictions and regulations of the U.S. Department of Commerce, and any other applicable U.S. and foreign authority. (c) Assignment. This Agreement and the rights and obligations herein may not be assigned or transferred, in whole or in part, by You without the prior written consent of Dgraph Labs. Any assignment in violation of this provision is void. This Agreement shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties. (d) Governing Law. This Agreement shall be governed by and construed under the laws of the State of New York and the United States without regard to conflicts of laws provisions thereof, and without regard to the Uniform Computer Information Transactions Act. (e) Attorneys’ Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and attorneys’ fees. (f) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect and enforceable. (g) Entire Agreement; Waivers; Modification. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all proposals, understandings, or discussions, whether written or oral, relating to the subject matter of this Agreement and all past dealing or industry custom. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. No changes, modifications or waivers to this Agreement will be effective unless in writing and signed by both parties. By downloading Dgraph you agree to the Dgraph Community License (DCL) terms shown above. An open source (Apache 2.0) version of Dgraph without any DCL-licensed enterprise features is available by building from the Dgraph source code. See the source installation instructions for more info: https://github.com/dgraph-io/dgraph#install-from-source Digital Ocean Terms of Service Agreement Last updated April 8, 2019 DigitalOcean, LLC, including DigitalOcean, LLC's subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, (collectively "DigitalOcean", "we", "us" or "our") welcomes you to www.digitalocean.com (the "Website"). These terms and conditions of service (collectively, with DigitalOcean's Privacy Policy, located at www.digitalocean.com/legal/privacy-policy/ and DMCA Copyright Policy located at www.digitalocean.com/legal/dmca-copyright-policy/, the "Terms of Service" or "Agreement") govern your use of the Website and the services, features, content or applications operated by DigitalOcean (together with the Website, the "Services"), and provided to the Subscriber (the "Subscriber", "user", "sub-user", "you" or "your"). Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service. Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. Agreeing to use the Services by clicking "Sign up" constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You acknowledge receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy. These Terms of Service provide that all disputes between you and DigitalOcean will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 15 below for the details regarding your agreement to arbitrate any disputes with DigitalOcean. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. DigitalOcean reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, DigitalOcean will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services. Beside the official version of these Terms of Service, we have put a simplified commentary entitled "In other words" to assist you in your comprehension of these Terms. However, it is the "Terms of Service" which govern your access and use of the Services not the commentary set out in "In other words" or included in other similar explanations which are provided for informational purposes only and do NOT include all of the information in the Terms of Service. You should always read the full text of the Terms of Service and not just the "In other words" commentary or other explanations. SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU. In other words, welcome to our Terms of Service agreement! This document exists to protect both you and us. By using our services, you agree to our Terms of Service agreement. If you’re like us, you don't always have time to read through the entire document. That’s why we’ve summarized the key points for you, and will update you when any major changes are made. You should also read our DMCA Copyright Policy and the Privacy Policy pages. 1. Eligibility & Registration 1.1 The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. 1.2 To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify DigitalOcean promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website. DIGITALOCEAN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE. In other words, you must be at least 13 years old to use our service (sorry, young devs!). By registering with your information, you are guaranteeing the services offered are solely for your use and not a third party – and that all of the information is accurate. Make sure to keep all of your account information updated! 2. Content 2.1 For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, written posts, reviews, and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below) and Listing Information and Vendor Offerings (each of which is defined in the DigitalOcean Marketplace Terms and Conditions, located at https://www.digitalocean.com/legal/marketplace-vendor-terms/). 2.2 All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. 2.3 The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. 2.4 Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. 2.5 By submitting any User Content to the Website, excluding privately transmitted User Content, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Content in connection with the Website, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access any of your User Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. By submitting any User Content to the Services other than on the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, aggregate, reproduce, distribute, prepare derivative works of, display, and perform such User Content solely for the purpose of providing the Services. For clarity, the foregoing licenses granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. 2.6 Some Content will be marked on the Service as "Creative Commons Content". Creative Commons Content will be identified with a Creative Commons icon. We hereby grant each user of the Services a license to Creative Commons Content under the Creative Commons CC BY-NC-SA 4.0 US license, available at the the "Creative Commons License. You agree to abide by the terms of the Creative Commons License when using Creative Commons Content. In other words, we can’t be held responsible for the content you create or content you access elsewhere while using DigitalOcean. Additionally, feel free to share and adapt content we have that’s marked with the Creative Commons icon, as long as you let others share it the same way. If you write a tutorial for DO, you agree to this license too. Here’s a super easy read as to what a Creative Commons license is all about: http://creativecommons.org/licenses/by-nc-sa/4.0/ 3. Rules of Conduct 3.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses your access code or Account. 3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone's identification documents or sensitive financial information. DigitalOcean may permit, in its sole discretion, adult websites that abide by state and federal law and regulation. 3.3 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; (vi) harvest or scrape any Content from the Services; (vii) use the Services for high risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or (viii) otherwise take any action in violation of our guidelines and policies. 3.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. 3.5 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. 3.6 Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying DigitalOcean of that intent. Otherwise, DigitalOcean shall have the right to automatically flag such Accounts as fraudulent or abusive, and DigitalOcean may, without notification to the Subscriber of such Account, suspend the service of such Account or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed. DigitalOcean also reserves the right to terminate a Subscriber's Account if it is targeted by malicious activity from other parties. 3.7 As a reward for being early adopters of the Services, Subscribers with grandfathered Accounts shall receive free bandwidth for the duration that such Account is operative and conducts its operations in compliance with these Terms of Service ("Grandfathered Accounts"). The free bandwidth may only be used directly by the Subscriber of such Grandfathered Account. Notwithstanding the foregoing, Subscribers of Grandfathered Accounts must NOT: (i) run Torrents for download or Seed Servers, TOR, or services that include content of an adult or pornographic nature; (ii) resell services through their Account to provide free bandwidth to other individuals; or (iii) transfer the Account ownership to another individual or entity, or otherwise circumvent the intended fair usage of free bandwidth by distributing it freely to others. Failure of Subscribers of Grandfathered Accounts to follow these terms will result in the revocation of their Accounts' grandfathered status. 3.8 You may not use the Services to obtain information about or make decisions about anyone but yourself. You are solely responsible for any reliance by you on the Services or other use you make of the Services. Comments, suggestions or materials sent or transmitted to DigitalOcean (collectively "Feedback"), shall be deemed to be non-confidential. Subject to the conditions described in DigitalOcean's Privacy Policy, DigitalOcean shall have no obligation of any kind with respect to such Feedback and shall be free to use and distribute the Feedback to others without limitation, including, but not limited to developing and marketing products incorporating such Feedback. DigitalOcean reserves the right to publish or use any responses, questions or comments emailed to DigitalOcean for promotional or other purposes without any further permission, notice or payment of any kind to the sender. All such submissions will be the property of DigitalOcean. 3.9 The enumeration of violations in this Section 3 of these Terms of Service is not meant to be exclusive, and DigitalOcean provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms of Service. Lawful Use of the Network 3.10 In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of New York, and including without limitation those laws forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards. The Services are subject to the trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”). By accessing the Services, you agree to comply with these laws and regulations. Specifically, you represent and warrant that you are not (a) located in any country that is subject to OFAC’s trade and economic sanctions, currently Cuba, Iran, North Korea, Syria, and the Crimea region of the Ukraine, or (b) an individual or entity included on any U.S. lists of prohibited parties including: the Treasury Department’s List of Specially Designated Nationals List (“SDN List”) and Sectoral Sanctions List (“SSI List”). Additionally, you agree not to – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any service received from DigitalOcean in contradiction with these laws and regulations. Failure to comply with these laws and regulations may result in the suspension or termination of your Account. Agreed Use of Allotted Network Resources 3.11 Subscribers shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with DigitalOcean. Subscribers shall use only those IP addresses that are assigned to them by DigitalOcean, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities. Injurious Code 3.12 Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) other actions which DigitalOcean reserves the sole right to determine to be malicious in intent. Email Violations 3.13 Subscribers shall not send bulk email utilizing their resources on the Services unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the such legislation. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with DigitalOcean or other Subscribers, being placed on the Spamhaus.org blacklist. DigitalOcean reserves the sole and absolute right to determine whether an email violation has occurred. Invasion of Privacy, Defamation, or Harassment 3.14 Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in DigitalOcean's sole and absolute discretion. Violation of Copyright, Trademark, Patent or Trade Secret 3.15 Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") (as required under 17 U.S.C. §512) and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. DigitalOcean will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of DigitalOcean is violating its intellectual property rights, it should notify us by email at abuse@digitalocean.com. A notification should include information reasonably sufficient to permit DigitalOcean to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring. Please see our DMCA Copyright Policy. Export 3.16 Subscriber shall comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, Subscriber shall not utilize the Services to export or re-export data or software without all required United States and foreign government licenses. Subscriber assumes full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be Subscriber's responsibility to obtain the same, at Subscriber's sole cost and expense, and in the event of any breach of this duty resulting in legal claims against DigitalOcean, Subscriber shall defend, indemnify and hold DigitalOcean harmless from all claims and damages arising therefrom. Acts of Sub-Users 3.17 Subscribers are responsible for the acts of others utilizing their access to the Services, and will be held responsible for violations of the Services by their sub-users or persons who gain access to the Services using the Subscriber's access codes. Any activity that a Subscriber is prohibited from performing by these Terms of Services is equally prohibited to anyone using the access to the Services of the Subscriber. Access Code Protection 3.18 Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. Notification Regarding these Terms of Service 3.19 Subscribers shall notify all persons who receive access to the Services of the provisions of these Terms of Service, and shall inform them that the terms of these Terms of Service are binding upon them. Remedial Action 3.20 Subscribers shall notify DigitalOcean if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or DigitalOcean to cure the security breach. In other words, be mindful about how you use our services. If you are breaking laws, being obscene, or abusing our infrastructure, we have the right to stop you from doing these things. You must also notify DigitalOcean before registering multiple accounts with the same billing address to prevent being flagged for abuse. You’re also responsible for the acts of others utilizing your access to our services, as we have no way of distinguishing your actions from the actions of your sub-users. Be careful who you give your information to—it’s to protect both us and you! 4. Third Party Services 4.1 The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. We also permit certain Vendors (as defined in the DigitalOcean Marketplace Terms and Conditions) to make available certain applications on the DigitalOcean Marketplace. These Vendor Offerings (as defined the DigitalOcean Marketplace Terms and Conditions) are accessed, downloaded and/or purchased directly from such Vendors and not from DigitalOcean. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other items of a destructive nature. In other words, it’s up to you to be careful when accessing third-party resources on the Internet—they’re outside of our control and we cannot be blamed for any negative outcomes. If you have a problem with them, please let those services know directly! 5. Payments and Billing Acceptable Payment Methods 5.1 DigitalOcean accepts major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single DigitalOcean Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting DigitalOcean at contact@digitalocean.com. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement. 5.2 We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment Billing and Terms 5.3 The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for the Services by creating an Account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date. On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's account information. This process ensures that Subscribers without a payment history are not subjected to additional scrutiny. For specific pricing policies, please refer to https://www.digitalocean.com/pricing. Monthly fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by logging into your Control Panel at https://cloudsupport.digitalocean.com. At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services. Except in the case of subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Services and any start-up costs associated with setting up your Account ("Start-up Costs") shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Services and any Start-up Costs, obtain a refund on a pro rata basis for the period remaining after you cancel. 5.4 Some of the paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://cloud.digitalocean.com/user_payment_profiles. 5.5 YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT https://cloud.digitalocean.com/settings. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. 5.6 Subscriber is responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to Subscriber's purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes"). DigitalOcean's standard pricing policies do not include and are not discounted or enhanced for any such Taxes. If DigitalOcean becomes obligated to collect or pay Taxes in connection with Subscriber's purchase of the Services, those Taxes will be invoiced to that Subscriber as part of a billing process or collected at the time of purchase. In certain states, countries and territories, DigitalOcean may determine if Subscriber's purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If Subscriber believes that a given tax does not apply or that some amount must be withheld from payments to DigitalOcean, Subscriber must promptly provide DigitalOcean with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. Subscriber must also provide DigitalOcean with any tax identification information that is necessary for DigitalOcean to comply with DigitalOcean's tax obligations, as determined by DigitalOcean from time to time. Subscriber will be solely responsible for any misrepresentations made or non-compliance caused by Subscriber regarding Taxes, whether with respect to DigitalOcean or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance. Other specific tax policies are described in DigitalOcean's Tax Information page, which is incorporated by reference herein.   Arrearages 5.7 Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, DigitalOcean may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees and costs. Suspension for Nonpayment 5.8 If a Subscriber is past due on their balance, DigitalOcean may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Servers will be temporarily powered off during the suspension period. DigitalOcean reserves the right to delete the Subscriber's suspended machines after the final termination notice. In other words, we currently accept payment through major credit cards and PayPal. Virtual credit cards and gift cards will often not be accepted, as we’ve seen repeated fraud and abuse with these methods of payment. You may, however, reach out to us at contact@digitalocean.com to discuss potential alternate methods of payment. You’re typically billed monthly (around the first of the month) for the prior month’s usage. And please make sure to keep your billing account profile updated! Promotional Credit 5.9 As of March 6, 2015, redemption of promotional credit is limited to 12 months from the date of issue (unless otherwise stated), at which time the credit will expire. Upon redemption, promotional credit expires after 12 months unless otherwise defined in the terms of the promotion. For instances where promotional credit was issued or redeemed prior to March 6, 2015, that credit will expire on March 6, 2016. 5.10 Only one promotional code is permitted per customer, and may be redeemed only by "new users," defined as users who are within 30 days of launching their first Droplet. Other Credit 5.11 Earned credit from making a referral will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event. All referral payouts will be paid in DigitalOcean credit. 5.12 Sign-up credit earned via referral will expire in accordance with the terms stated in section 5.9. 5.13 Furthermore, sign-up credit earned via referral credit will be counted as the one promotional code permitted, in accordance with the terms stated in section 5.10. 5.14 SLA credit will expire after 12 consecutive inactive months. An inactive month is a month without an invoice billing event. 5.15 Credits not explicitly stated in 5.11-5.15 are to be considered promotional credit. In other words, if you have received promotional DO credit, you must redeem it within 12 months of the date it was issued. All other credit will remain on your account as long as you’re active in a given 12 month period. 6. Warranty Disclaimer and Beta Services 6.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: 1. which Subscribers gain access to the Services; 2. what Content you access via the Services; or 3. how you may interpret or use the Content. 6.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES. 6.3 THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE WITH DATA, AVAILABILITY, ACCURACY, THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR THAT THE SERVICES ARE ERROR FREE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA PROVIDERS. DIGITALOCEAN DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER DIGITALOCEAN NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND DIGITALOCEAN HAS NO LIABILITY FOR SUCH FAILURE. IN NO EVENT WILL DIGITALOCEAN WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEBSITE. THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK. THE ABOVE REFERENCED LANGUAGE DOES NOT APPLY TO VENDOR OFFERINGS. RATHER, ALL LIMITED WARRANTIES, WARRANTY DISCLAIMER, LIMITATIONS OF LIABILITY AND OTHER SPECIFIC PROVISIONS REGARDING THE VENDOR OFFERINGS CAN BE FOUND IN THE DIGITALOCEAN MARKETPLACE TERMS AND CONDITIONS. In other words, we as a company have rights, just like you the customer. Beta Services 6.4. DigitalOcean may offer "beta" versions or features of the Services (each, a "Beta Service"). DigitalOcean will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. For avoidance of doubt, any Beta Service is a form of the Services and the provision and use of any Beta Service is subject to the entirety of this Agreement, unless otherwise provided for in this Section 6.4. ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DIGITALOCEAN SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY BETA SERVICE. Notwithstanding anything to the contrary in this Agreement, in no event will DigitalOcean be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If DigitalOcean permits you to use a Beta Service, you agree to provide DigitalOcean Feedback and respond to DigitalOcean's questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. If DigitalOcean permits you to use a Beta Service, you specifically agree, in addition to the requirements set forth in Section 3 of this Agreement, to not: (i) use the Beta Service for benchmarking or performance testing or publicly disseminate performance information or analysis from any source relating to the Service; (ii) modify or create derivative works of the Beta Service or remove any product identification, proprietary, copyright or other notices contained in the Beta Service; or (iii) allow any other individual to access or use the Beta Service. DigitalOcean at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Services, and you agree to return or destroy all copies of documentation and confidential information related to the Beta Service. Any production candidate or non-production version of the Services will be considered a Beta Service. Subscriber grants to DigitalOcean a limited license to use, reproduce, distribute, and display any data provided to DigitalOcean by Subscriber and/or any user of a Beta Service solely for facilitating the purposes of this Agreement (such data collectively, "Beta Data") (i) as required to provide the Beta Service; and (ii) in de-identified form, to tune, enhance and improve the Service and other DigitalOcean products and services. Subscriber represents and warrants that it has all necessary rights to grant DigitalOcean the rights set forth in this Section, and that it will comply with all applicable laws, regulations, and other obligations regarding the collection, use and disclosure of Beta Data. DigitalOcean may use de-identified or aggregated Beta Data collected through a Beta Service for any purpose, including, without limitation, to enhance and improve the Services. In other words, we may let you try new features, but these are provided “as-is” and are subject to special terms. 7. Limitation of Liability 7.1 IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF DIGITALOCEAN HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT DIGITALOCEAN WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST DIGITALOCEAN ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF DIGITALOCEAN'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES. IN ADDITION, YOU AGREE THAT DIGITALOCEAN IS NOT RESPONSIBLE FOR ANY DATA COMPILED BY OUR SERVICES AND THAT DIGITALOCEAN WILL NOT BE LIABLE, IN ANY MANNER, AS A RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA. IN NO EVENT SHALL DIGITALOCEAN, OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT OF THE SERVICES OR OF ANY INFORMATION DELIVERED AS PART OF THE SERVICES, BE LIABLE TO YOU AND/OR ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT, PRODUCTS, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DIGITALOCEAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT. SOME JURISDICTIONS LIMIT OR PROHIBIT THE FOREGOING LIMITATIONS, AND IN SUCH JURISDICTIONS THE FOREGOING LIMITATIONS SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 8. Confidentiality 8.1 Subscriber shall keep confidential any confidential information to which it is given access, and shall cooperate with DigitalOcean's efforts to maintain the confidentiality thereof. Subscriber shall not publish to third parties or distribute information or documentation that DigitalOcean provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials. In other words, it’s pretty unlikely we'll be sharing confidential information with any of our customers. 9. Backup 9.1 Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the "Data"). EVEN WITH RESPECT TO DATA AS TO WHICH SUBSCRIBER CONTRACTS FOR BACKUP SERVICES PROVIDED BY DIGITALOCEAN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DIGITALOCEAN SHALL HAVE NO RESPONSIBILITY TO PRESERVE DATA. DIGITALOCEAN SHALL HAVE NO LIABILITY FOR ANY DATA THAT MAY BE LOST, OR UNRECOVERABLE, BY REASON OF SUBSCRIBER'S FAILURE TO BACKUP ITS DATA OR FOR ANY OTHER REASON. In other words, we trust that you’ll be responsible and back up your own data. Things happen! 10. Publicity 10.1 Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to DigitalOcean's Privacy Policy, each Subscriber agrees that DigitalOcean may include such Subscriber's name and trademarks in a list of DigitalOcean Subscriber, online or in promotional materials. Each Subscriber also agrees that DigitalOcean may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section 10.1 by e-mailing a request to contact@digitalocean.com. In other words, we’re proud to have the quality of customers that we do. If it comes up, we may mention you! 11. Indemnification 11.1 YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. In other words, if, for example, you’re angry with someone for something they write on a website that’s hosted on DigitalOcean, we can’t be held responsible for what they say or do. 12. Termination and Access 12.1 DigitalOcean reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. DigitalOcean may provide prior notice of the intent to terminate Services to you if such notice will not, in DigitalOcean's discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to DigitalOcean before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as DigitalOcean's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In other words, if you violate these Terms of Service, then we have the right to put a hold on your account. These actions are reserved for the most drastic offenses; you will more likely receive a warning and will be able to continue using our services as long as the undesirable behavior ceases. You, however, are free to terminate your account without reason at any time. 13. Choice of Law, Venue, Consent to Email Service and Waiver of Hague Convention Service Formalities 13.1 Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of New York, without regard to principles of conflict of laws. Subject to Section 15 below, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. Subscriber consents to service of process via email at the email address(es) provided by Subscriber, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English. In other words, basically, we live in New York. 14. Dispute Resolution 14.1 Mindful of the high cost of litigation, you and DigitalOcean agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and DigitalOcean ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) if to DigitalOcean at: 101 Avenue of the Americas, 10th Floor, New York, NY 10013 or (2) if to you at: your last-used billing address or the billing and/or shipping address in your Account information. Both you and DigitalOcean agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party. In other words, we truly hope that we never have to enter into litigation with our subscribers and we imagine that most people feel the same way. If it gets to that point, we'll agree to discuss it and figure out a solution, first. 15. Mandatory Arbitration Agreement and Class Action Waiver 15.1 In the interest of resolving disputes between you and DigitalOcean in the most expedient and cost effective manner, you and DigitalOcean agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DIGITALOCEAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section 15 will not apply to disputes arising under the U.S.-EU/U.S.-Swiss Safe Harbor frameworks, which shall instead be administered under the rules for the resolution of disputes arising under the Safe Harbor frameworks specified in the DigitalOcean Safe Harbor filing with the U.S. Department of Commerce. 15.2 Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim. 15.3 Any arbitration between you and DigitalOcean will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DigitalOcean. 15.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). DigitalOcean's address for Notice is: DigitalOcean, 101 Avenue of the Americas, 10th Floor, New York, NY 10013. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DigitalOcean may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DigitalOcean must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, DigitalOcean will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DigitalOcean in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000. 15.5 If you commence arbitration in accordance with these Terms, DigitalOcean will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DigitalOcean for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. 15.6 YOU AND DIGITALOCEAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DigitalOcean agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 15.7 If DigitalOcean makes any future change to this arbitration provision, other than a change to DigitalOcean's address for Notice, you may reject the change by sending us written notice within 30 days of the change to DigitalOcean's address for Notice, in which case your account with DigitalOcean will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. 15.8 If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. In other words, if we can’t work it out, let’s avoid spending a lot of money in court and agree to pay an arbitrator for a fraction of the cost instead. 16. Miscellaneous Provisions 16.1 Neither you nor DigitalOcean shall be liable for nonperformance of the terms herein to the extent that either you or DigitalOcean are prevented from performing as a result of any act or event which occurs and is beyond your or DigitalOcean's reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party's reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure. 16.2 You are granted a limited, non-exclusive right to create a hypertext link to the Website found at https://www.digitalocean.com/; provided such link does not portray DigitalOcean and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any DigitalOcean trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without DigitalOcean's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of DigitalOcean or any third party. 16.3 The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by DigitalOcean, but not limited to, the mark " DigitalOcean". DigitalOcean and the DigitalOcean product names referenced in the Website are either trademarks, service marks or registered trademarks of DigitalOcean. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by DigitalOcean. No use of any DigitalOcean trademark may be made by any third party without express written consent of DigitalOcean. Other products and company names mentioned in the Website may be the trademarks of their respective owners. 16.4 Elements of DigitalOcean's Website are protected by trade dress, trademark, unfair competition, and other laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted without DigitalOcean's express written permission. The images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website are the property of DigitalOcean or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Website, DigitalOcean owns copyright or patent rights in the selection, coordination, arrangement and enhancement of any images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website. You may copy such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of such images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of DigitalOcean. 16.5 This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to "laws," "rules," or "regulations" references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@digitalocean.com. In other words, neither you nor us can be held responsible for non-performance of these terms given circumstances outside of reasonable control (e.g. extreme weather, natural disasters, telecommunications outages, Internet disturbances, a zombie apocalypse... you get the idea). Contact You may contact us at the following address: DigitalOcean
101 Avenue of the Americas, 10th Floor
New York, NY 10013 Copyright 2018 DigitalOcean, LLC. All rights reserved. No part of DigitalOcean’s Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of DigitalOcean. Digital Ocean Privacy Policy Last updated: December 31, 2019 This Privacy Policy describes how DigitalOcean, LLC and its affiliates ("DigitalOcean," "we," "our" or "us") collect, use, and share information in connection with your use of our websites (including www.digitalocean.com), services, and applications (collectively, the "Services"). This Privacy Policy (the "Privacy Policy") does not apply to information our customers may process when using our Services. If you are looking for CCPA-specific information, check out our CCPA Privacy Notice as well, which is incorporated into this Privacy Policy. We may collect and receive information about users of our Services ("users," "you," or "your") from various sources, including: (i) information you provide through your user account on the Services (your "Account") if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners. We recommend that you read this Privacy Policy in full, including the Additional Disclosures referenced at the bottom of this document, to ensure you are fully informed. If you have any questions about this Privacy Policy or DigitalOcean's data collection, use, and disclosure practices, please contact us at privacy@digitalocean.com. 1. Information We Collect 1. Information You Provide

I. Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer a friend to our Services, we may also collect your friend’s email address so that we may send them a referral or promotional code to sign up for our Services.\

II. Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.

III. User Content. Our "Community" feature allows you to publicly post content on our Services. By registering for our Community, you agree that your profile information and the content you post may be viewed and used by other users and third parties we do not control.

IV. Communications. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
 2. Information We Collect When You Use Our Services.

I. Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services. In some countries, including countries in the European Economic Area ("EEA"), the information referenced above in this paragraph may be considered personal information under applicable data protection laws.

II. Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
 3. Information We Receive from Third Parties.

I. Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options. 2. How We Use Information We use the information we collect in various ways, including to: * Provide, operate, and maintain our Services; * Improve, personalize, and expand our Services; * Understand and analyze how you use our Services; * Develop new products, services, features, and functionality; * Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the Service, and for marketing and promotional purposes; * Process your transactions; * Send you text messages and push notifications; * Find and prevent fraud; and * For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency. 3. How We Share Information We may share the information we collect in various ways, including the following: 1. Vendors and Service Providers. We may share information with third-party vendors and service providers that provide services on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information. 2. Aggregate Information. Where legally permissible, we may use and share information about users with our partners in aggregated or de-identified form that can’t reasonably be used to identify you. 3. Advertising. We work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags, and similar technologies on our Services, and they may otherwise collect or have access to information about you which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative or the Digital Advertising Alliance. To learn more about these programs, or opt-out of personalized ads, visit the Digital Advertising Alliance’s Self-Regulatory program for Online Behavioral Advertising at www.aboutads.info, or the Network Advertising Initiative at www.networkadvertising.org. 4. Third-Party Partners. We also share information about users with third-party partners in order to receive additional publicly available information about you. 5. Information We Share When You Sign Up Through a Referral. If you sign up for our Services through a referral from a friend, we may share information with your referrer to let them know that you used their referral to sign up for our Services. 6. Analytics. We use analytics providers such as Google Analytics. Google Analytics uses cookies to collect non-identifying information. Google provides some additional privacy options regarding its Analytics cookies at http://www.google.com/policies/privacy/partners/. 7. Business Transfers. Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets. 8. As Required By Law and Similar Disclosures. We may also share information to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. 9. With Your Consent. We may share information with your consent. 4. Legal Basis for Processing Personal Information Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.  We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). 5. Third-party Services You may access other third-party services through the Services, for example by clicking on links to those third-party services from within the Services. We are not responsible for the privacy policies and/or practices of these third-party services, and we encourage you to carefully review their privacy policies. 6. Security DigitalOcean is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. However, please bear in mind that the Internet cannot be guaranteed to be 100% secure. 7. Data Retention We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. 8. Access If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing privacy@digitalocean.com. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public. To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit DigitalOcean's ability to comply with a legal obligation; inhibit DigitalOcean's ability to investigate, make or defend legal claims; result in disclosure of personal information about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to DigitalOcean or a third party. 9. Your Data Protection Rights Under the General Data Protection Regulation (GDPR) If you are a resident of the EEA, you have the following data protection rights: * If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by emailing privacy@digitalocean.com. * In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by emailing privacy@digitalocean.com. * You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us by emailing privacy@digitalocean.com. * Similarly, if we have collected and process your personal information with your consent, then you canwithdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. * You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. 10. Your Choices You can use some of the features of the Services without registering, thereby limiting the type of information that we collect. You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes. Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests. 11. Children's Privacy DigitalOcean does not knowingly collect information from children under the age of 13, and children under 13 are prohibited from using our Services. If you learn that a child has provided us with personal information in violation of this Privacy Policy, you can alert us at privacy@digitalocean.com. 12. Changes to this Privacy Policy This Privacy Policy may be modified from time to time, so please review it frequently. Changes to this Privacy Policy will be posted on our websites. If we materially change the ways in which we use or share personal information previously collected from you through our Services, we will notify you through our Services, by email, or other communication. 13. International Data Transfers DigitalOcean is a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy. EU-U.S. and Swiss-U.S. Privacy Shield. For personal data we receive from the EEA and Switzerland, DigitalOcean has certified its compliance to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from such countries. For more information on our Privacy Shield certification, please see our Privacy Shield Notice. To access the Privacy Shield List and to find details of our certification, please visit: https://www.privacyshield.gov/. Contact Us If you have any questions or concerns about this Privacy Policy, please feel free to email us at privacy@digitalocean.com. The data controller of your personal information is DigitalOcean, LLC. Additional Disclosures CCPA Privacy Notice MedApp Conditions of Use Agreement to conditions of use 1. By pressing "Agree" you are accepting the 'Conditions of Use for this application and accept responsibility for all decisions made in relation to the use of this application. Conditions of Use 2. The information in this application is intended as a guide only. 3. The information contained in this application does not replace individual clinical judgement, and should only be used by licensed medical practitioners and medical students. 4. Every medical practitioner, medical student and health professional is responsible for his or her own prescribing and actions and professional decisions. 5. By agreeing to these 'Conditions of Use' all application users confirm their responsibility to make considered and informed medical decisions and that they accept full responsibility for their individual decisions. 6. Although efforts are made to keep all information in this guide up to date, users should be aware that some information may not be accurate and/or up to date. Cloudflare Self-Serve Subscription Agreement Effective April 7, 2020 PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS SELF-SERVE SUBSCRIPTION AGREEMENT (“SUBSCRIPTION AGREEMENT”), CLOUDFLARE’S PRIVACY POLICY, SUPPLEMENTAL TERMS, ANY PLAN OR FEATURE LIMITS, PRODUCT DISCLAIMERS, OR OTHER RESTRICTIONS PRESENTED TO YOU ON THE CLOUDFLARE WEBSITE, AND ALL OTHER APPLICABLE TERMS (COLLECTIVELY, THE “AGREEMENT”) GOVERN YOUR USE OF ANY FREE, TRIAL OR PAID CLOUDFLARE SERVICES OR SOFTWARE WHERE THESE TERMS APPEAR OR ARE LINKED TO. THIS AGREEMENT CONTAINS PROVISIONS REQUIRING THAT YOU AGREE TO THE USE OF ARBITRATION TO RESOLVE ANY DISPUTES ARISING UNDER THIS AGREEMENT RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION OF ANY KIND AGAINST CLOUDFLARE. By clicking on the “Create Account” button (or any similar button) that is presented to you at the time of sign-up or by using or accessing the Service, you indicate your assent to be bound by this Agreement. Cloudflare may modify this Agreement from time to time, subject to the terms in Section 14 (Changes to this Agreement) below. If you are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to this Agreement for that Entity and representing to Cloudflare that you have the authority to bind such Entity to this Agreement, in which case the terms “you,” “your” or a related capitalized term herein will refer to such Entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and must not use the Service. GENERAL TERMS AND CONDITIONS 1. Overview This Agreement governs Cloudflare’s cloud-based solutions (including this website) (“Cloud Services”) and software made available in connection with the Cloud Services (“Software”). Section 2 (Cloud Services) applies specifically to the Cloud Services, and Section 3 (Software) applies specifically to Software (including Cloudflare’s application programming interfaces (“APIs”) and software development kits (“SDKs”)). Unless otherwise specified, all other Sections of this Agreement apply to both the Cloud Services and the Software (collectively, the “Service”). 2. Cloud Services 2.1 Access to Cloud Services Subject to your compliance with this Agreement (including, without limitation, all payment obligations), Cloudflare hereby grants to you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable (except to Affiliates) right, to access and use the Cloud Services (“Cloud License”). If you are agreeing to this Agreement on behalf of an Entity, such Entity’s Affiliates may also access and use the Cloud Services provided that such Affiliates agree to be bound by the terms of this Agreement, and the Entity remain fully liable for such Affiliates’ actions and omissions in connection with this Agreement as if the Entity had performed such acts and omissions itself. “Affiliate” means any means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with a party, where “control” means the power to direct the management or affairs of an entity, and “ownership” means the beneficial ownership of 50% (or, if the applicable jurisdiction does not allow majority ownership, the maximum amount permitted under such law) or more of the voting equity securities or other equivalent voting interests of the entity. 2.2 Restrictions Unless otherwise expressly permitted in writing by Cloudflare, you will not and you have no right to: (a) rent, lease, loan, export or sell access to the Cloud Services to any third party; (b) interfere with, disrupt, alter, or modify the Cloud Services or any part thereof, or create an undue burden on the Cloud Services or the networks or services connected to the Cloud Services; (c) utilize any framing techniques to enclose any Cloudflare trademark, logo, service mark, or other trade dress (“Cloudflare Marks”) or Materials (defined below) or use any meta tags or other “hidden text” utilizing the Cloudflare Marks or Materials without Cloudflare’s written consent (d) introduce software or automated agents or scripts into the Cloud Services so as to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine data from the Cloud Services; (f) perform or publish any benchmark tests or analyses relating to the Cloud Services without Cloudflare’s written consent; (g) cover or obscure any page or part of the Cloud Services via HTML/CSS, scripting, or any other means; (h) process or collect personal or business credit card information on any web property that is receiving Free Services (as defined below); or (i) use the Cloud Services to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103 without Cloudflare’s written consent. 2.3 Credentials You are responsible for maintaining the confidentiality of all usernames and passwords created by or assigned to you (“Credentials”), and are solely responsible for all activities that occur under such Credentials. You agree to notify Cloudflare promptly of any actual or suspected unauthorized use of any Credentials. Cloudflare reserves the right to terminate any Credentials that Cloudflare reasonably determines may have been accessed or used by an unauthorized third party, and will provide immediate notice of such to Customer. For your added security, we strongly encourage you to enable two-factor authentication in conjunction with all Credentials. 2.4 Subscription Terms, Renewals and Cancellations All Cloud Services that are provided to you as Paid Services (each a, “Paid Cloud Service”) will be provided to you on a subscription basis for the length of term that you specified during the initial sign-up process (“Subscription Term”). All of your subscriptions to Paid Cloud Services will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription through the Cloud Services’ account dashboard prior to your next scheduled billing date. 2.5 Your Information 2.5.1 You and your End Users (as such term is defined in the Privacy Policy) will retain all right, title and interest in and to any data, content, code, video, images or other materials of any type that you or your End Users transmit to or through the Cloud Services (collectively, “Your Information”) in the form provided to Cloudflare. Subject to the terms of this Agreement, you hereby grant us a non-exclusive, fully sublicenseable, worldwide, royalty-free right to collect, use, copy, store, transmit, modify and create derivative works of your Your Information, in each case to the extent necessary to provide the Cloud Services to you. 2.5.2 You must obtain all necessary rights, releases and permissions to provide Your Information to Cloudflare, and Your Information and its transfer must not violate any applicable local, state, federal and international laws and regulations (“Laws”) (including without limitation those relating to export control or electronic communications). Other than our security obligations under Section 6 (Security), we assume no responsibility or liability for Your Information, and you will be solely responsible for the consequences of using, disclosing, storing, transferring or transmitting Your Information. 2.5.3 Cloudflare may modify certain components of Your Information on or transmitted to or from your website to enhance your website’s performance or security or the functionality of the Cloud Services. For example, depending on the Cloudflare Services you select or the Apps that you enable, Cloudflare may: (i) intercept requests determined to be threats and take actions, such as, presenting them with a challenge page, dropping the request, presenting alternative content, redirecting and other similar measures; (ii) add cookies to your domain to track visitors, such as those who have successfully passed the CAPTCHA on a challenge page; (iii) add scripts to your pages to perform additional performance tracking; (iv) add firewall rules to your website; and (v) make other changes to increase the performance, security or analytic capabilities of your website. Cloudflare will make it clear whenever a feature will materially modify Your Information and, whenever possible, provide you a mechanism to allow you to disable the feature. 2.5.4 By transmitting Your Information to or through the Cloud Services, you represent and warrant that your Data, does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. 2.6 Free & Trial Services We may offer free or trial versions of the Cloud Services (“Free Services”) from time to time. With respect to each such Free Service, we will make each such Free Service available to you free of charge until the earlier of (a) the end of the free trial period (if applicable) for which you registered to use the Free Service; (b) the start date of your Subscription Term for the Paid Services version of such Free Service; or (c) termination of the Free Service by Cloudflare in our sole discretion. We will have no liability for any harm or damage arising out of or in connection with any Free Services. 2.7 Acceptable Use By using the Cloud Services you are agreeing, among other things, that you will not use the Cloud Services to (a) falsely imply any sponsorship or association with Cloudflare; (b) post, transmit, store or link to any files, materials, data, text, audio, video, images or other content that infringe on any person’s intellectual property rights or that are otherwise unlawful; or (c) engage in any activities that are illegal, including disseminating, promoting or facilitating child sexual abuse material or engaging in human trafficking. 2.8 Limitation on Serving Non-HTML Content The Service is offered primarily as a platform to cache and serve web pages and websites. Unless explicitly included as a part of a Paid Service purchased by you, you agree to use the Service solely for the purpose of serving web pages as viewed through a web browser or other functionally equivalent applications and rendering Hypertext Markup Language (HTML) or other functional equivalents. Use of the Service for serving video (unless purchased separately as a Paid Service) or a disproportionate percentage of pictures, audio files, or other non-HTML content, is prohibited. 3. Software 3.1 License Grant Subject to the terms and conditions of this Agreement, Cloudflare grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable (except to Affiliates) license to install and use the Software during your use of the applicable Cloud Services in accordance with this Agreement and any Cloudflare documentation (“License”). Your License will end upon the earlier of the termination of your use of the Cloud Services requiring such Software or the termination of this Agreement. Some Software may contain open source or third party software, which may have additional terms and restrictions regarding such software’s use. 3.2 Limitations You will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the Software (collectively, "Reverse Engineering") or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of your own or third party software with the Software, and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) you have first requested such information from us and we fail to make such information available (for a fee or otherwise) under reasonable terms and conditions. 3.3 Software Modifications Subject to the terms and conditions of this Agreement, for any elements of the Software provided to you in source code form you may modify such source code solely to the extent necessary to support your permitted use of the Software (collectively, “Modifications”). Unless expressly stated otherwise, you may not distribute your Modifications to any third party. Cloudflare has no support, warranty, indemnification or other obligation or liability with respect to your Modifications or their combination, interaction or use with our Cloud Services. You agree to indemnify, defend and hold us harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim brought against us by a third party relating to your Modifications. 3.4 Cloudflare Apps You may install or utilize certain third party apps (“Apps”) via the Cloudflare Apps Service at your election. Cloudflare does not make any representations, warranties or guarantees regarding the Apps. Cloudflare makes these Apps available to you on an “AS IS” and “AS AVAILABLE” basis. Cloudflare does not endorse the Apps. Each App is governed by the terms of service, end user license agreement and privacy policies provided by the third party that developed the App. Cloudflare will not be directly or indirectly responsible or liable to you in any manner, for any harms, damages, loss, lost profits, special or consequential damages or claims arising out of or in connection with, the installation of, use of, or reliance on the performance of any of the Apps. Further information related to the Apps is available on the Cloudflare Apps page located here. 4. Billing 4.1 Recurring Billing In order to access those Services for which we require a fee (“Paid Services”) you will be required to provide Cloudflare with your credit card information (“Payment Method”). By providing a Payment Method you are authorizing us to charge your Payment Method on a monthly, annual basis, or pay-as-you-go basis, or as otherwise applicable for the fees associated with the Paid Services that you sign up for. Any Payment Method that you provide us must be valid, and kept current by you during the Subscription Term. By providing us with a Payment Method, you represent and warrant that you are authorized to use such Payment Method. Cloudflare will begin billing your Payment Method for the Paid Services on the day that you sign up for such Paid Services, regardless of whether you have fully configured the Paid Services as of that date. 4.2 Price Changes We reserve the right to change the fees that we charge for the Service, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you. 4.3 No Refunds FEES ARE NONREFUNDABLE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM. Following any cancellation, however, you will continue to have access to the Paid Services through the end of your current Subscription Term. We may, in our sole discretion, provide a refund, discount, or credit (“Credits”) to you in a specific instance, however the provision of Credits in a specific instance does not entitle you to Credits in the future for similar instances or obligate us to provide additional Credits. 4.4 Taxes Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes, except those assessable against Cloudflare as measured by our net income. Unless you provide us with evidence of an exemption, we will invoice you for such Taxes if we believe we have a legal obligation to do so and you agree to pay such Taxes if so invoiced. 5. Beta Services From time to time, we may make early stage or non-production Cloud Services and Software (“Beta Services”) available to you at no charge. You may access these Beta Services in your sole discretion. Beta Services are intended for evaluation purposes only, and may be subject to additional terms that will be presented to you at the time of sign-up. Cloudflare may, but is not obligated to, provide you with support for the Beta Services or correct any bugs, defects, or errors in the Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. Notwithstanding Section 12, we will have no liability for any harm or damage arising out of or in connection with any Beta Services. 6. Security We implement security procedures to help protect your Data from security threats. However, you understand that your use of the Service necessarily involves transmission of Your Information over networks that are not owned, operated or controlled by us, and we are not responsible for any of Your Information that is lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of Your Information will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers. 7. Trade Sanctions and Export Control You may not use the Service for any reason if you or any party that owns or controls you, are subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority. You may not use the Service to export or re-export any information or technology to any country, individual, or entity to which such export or re-export is restricted or prohibited. 8. Termination of Use; Discontinuation and Modification of the Service You will lose your license to use the Service if you violate any provision of this Agreement. Cloudflare’s policy is to investigate violations of this Agreement. We reserve the right to suspend or terminate your user account upon receiving any number of DMCA notifications from content owners regarding your website(s), or upon learning through other means that you are a repeat infringer. Additionally, we may at our sole discretion terminate your user account or suspend or terminate your access to the Service at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time through the Service’s account dashboard. 9. Ownership; Proprietary Rights The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Cloudflare are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Cloudflare or our third-party licensors. Except as expressly authorized by Cloudflare you may not make use of the Materials. Cloudflare reserves all rights to the Materials not granted expressly in this Agreement. 10. Indemnification 10.1 By Cloudflare Cloudflare will defend you against any third party claim brought against you, to the extent that such claim is based on an allegation that a Paid Service, when used as authorized under this Agreement, infringes a United States or European Union patent or registered copyright (a "Claim"), and we will indemnify you against any damages and costs (including reasonable legal fees) finally awarded by a court of competent jurisdiction attributable to such a Claim or agreed to settlement by Cloudflare. If any portion of a Paid Service becomes, or in Cloudflare’s opinion is likely to become, the subject of an infringement claim, Cloudflare may, at Cloudflare’s option: (a) procure the right for you to continue using the Paid Service; (b) replace the Paid Service with non-infringing services which do not materially impair the functionality of the Paid Service; (c) modify the Paid Service so that it becomes non-infringing; or (d) terminate the Paid Service and refund any pre-paid subscription fees covering the remainder of the Subscription Term, and upon such termination, you will immediately cease all use of the Paid Service. Cloudflare will have no obligation under this Section 10 or otherwise with respect to any infringement claim based upon: (w) any use of a Paid Service not in accordance with this Agreement or the Documentation; any use of a Paid Service in combination with third party products or services not supplied by Cloudflare; or (z) any modification of a Paid Service by any person other than Cloudflare or its authorized agents. THIS SUBSECTION SETS FORTH CLOUDFLARE’S SOLE AND EXCLUSIVE OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 10.2 By You You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Cloudflare and its officers, directors, employees, consultants, Affiliates, subsidiaries and agents (collectively, the "Cloudflare Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. 11. Disclaimers; No Warranties THE SERVICE ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CLOUDFLARE ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE CLOUDFLARE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, THE CLOUDFLARE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. THE CLOUDFLARE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 12. Limitation of Liability IN NO EVENT WILL THE CLOUDFLARE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CLOUDFLARE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE CLOUDFLARE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO CLOUDFLARE TO ACCESS AND USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 13. Governing Law This Agreement will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Cloudflare agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes. 14. Changes to this Agreement Cloudflare reserves the right to make modifications to this Agreement at any time. If a revision materially alters your rights we will use reasonable efforts to contact you, including sending a notification to the e-mail address(es) associated with your account. In some instances, such as with Free Services, you may be required to indicate your consent to the revised terms in order to continue accessing the Service. Unless otherwise specified, any modifications to this Agreement will take effect at the start of Subscription Term following the notice. If you do not agree with the revised terms, your sole and exclusive remedy will be not to renew your Subscription. 15. Versions The authoritative version of Cloudflare’s Self-Serve Subscription Agreement is available at: www.cloudflare.com/terms. While translations of the Subscription Agreement may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of the Service. 16. General This Agreement constitutes the entire and exclusive understanding and agreement between you and Cloudflare regarding your use of and access to the Service. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Subscription Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this Subscription Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2.5.1 and Sections 9 through 19. 17. Dispute Resolution and Arbitration 17.1 Generally In the interest of resolving disputes between you and Cloudflare in the most expedient and cost effective manner, you and Cloudflare agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLOUDFLARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 17.2 Exceptions Notwithstanding Subsection 17.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. 17.3 Arbitrator Any arbitration between you and Cloudflare will be governed by the Commercial Arbitration Rules and Mediation Procedures ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. 17.4 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Cloudflare's address for Notice is: Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Cloudflare may commence an arbitration proceeding. 17.5 Fees Any arbitration hearings will take place at a location to be agreed upon in San Francisco, CA provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Cloudflare for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 17.6 No Class Actions YOU AND CLOUDFLARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cloudflare agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 17.7 Modifications In the event that Cloudflare makes any future change to this arbitration provision (other than a change to Cloudflare's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Cloudflare's address for Notice, in which case your account with Cloudflare will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive. 17.8 Enforceability If Subsection 17.1 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to this Agreement. 18. Consent to Electronic Communications By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 19. Contact Information The Service is offered by Cloudflare, Inc., located at 101 Townsend St., San Francisco, California 94107. You may contact us by sending correspondence to the foregoing address or by emailing us at support@cloudflare.com. If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement. 20. Publicity You agree to allow us to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Cloudflare web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes. If you do not wish for Cloudflare to use your name or logo in any of the preceding ways, please contact support@cloudflare.com. Cloudflare Privacy Policy This Privacy Policy is effective as of March 31, 2020. We have updated our October 31, 2019 privacy policy to address new products and services and to give you a more comprehensive understanding of how we handle your personal information. This Cloudflare Privacy Policy (“Policy”) outlines the personal information that Cloudflare, Inc. (“Cloudflare”, “we”, “us” or “our”) gathers, how we use that personal information, and the options you have to access, correct, or delete such personal information. CLOUDFLARE’S PROMISE Our mission to help build a better Internet is rooted in the importance we place on establishing trust with our Customers, users, and the Internet community globally. To earn and maintain that trust, we commit to communicating transparently, providing security, and protecting the privacy of data on our systems. We keep your personal information personal and private. We will not sell or rent your personal information to anyone. We will not share or otherwise disclose your personal information except as necessary to provide our Services or as otherwise described in this Policy without first providing you with notice and the opportunity to consent.

 1. POLICY APPLICATION This Policy applies to Cloudflare’s collection, use, and disclosure of the personal information of the following categories of data subjects: * Attendees: Those who visit our offices or provide their information to Cloudflare or Cloudflare representatives when they attend or register to attend Cloudflare-sponsored events or other events at which Cloudflare (and/or its representatives) participates, as well as those who participate in Cloudflare’s studies such as user experience research.
 * Website Visitors: Those who visit our Websites, including those who may opt to provide an email address or other contact information to receive communications from Cloudflare, fill out a survey, or provide feedback. For the purposes of this Policy, “Websites” refer collectively to www.cloudflare.com as well as any other websites Cloudflare operates for its own behalf and that link to this Policy. For clarity, “Websites” does not include any sites owned or operated by our Customers, including where we serve as Registrar.
 * Customers: Individuals or entities who enter into a subscription agreement with Cloudflare (or its authorized partner) and to whom Cloudflare provides Services pursuant to such agreement. For purposes of this Policy, “Services” shall refer to all of the cloud-based solutions offered, marketed, or sold by Cloudflare or its authorized partners that are designed to increase the performance, security, and availability of Internet properties, applications, devices, and networks, along with any software, software development kits, and application programming interfaces ("APIs") made available in connection with the foregoing.
 * Administrators: Those with login credentials for a Cloudflare account and/or those who administer any of the Services for a Customer. In some cases, an Administrator and Customer may be the same individual. In other cases, an Administrator may be an agent acting on behalf of a Customer.
 * Public DNS Resolver Users: Those who use Cloudflare’s 1.1.1.1 public recursive Domain Name System (“DNS”) resolver service, including 1.1.1.1 for Families ("1.1.1.1 resolver"). Learn more about the 1.1.1.1 resolver here.
 * End Users: Those who (i) access or use our Customers’ domains, networks, websites, application programming interfaces, and applications, or (ii) are authorized Cloudflare for Teams users, such as our Customers’ employees, agents, or contractors.
 * Registrants: Users of Cloudflare’s domain registrar services. Cloudflare is an ICANN-accredited registrar and complies with the 2013 Registrar Accreditation Agreement (“RAA”).
 This Policy does not apply to “Application Users”—those individuals who use Cloudflare’s consumer-facing applications, such as the 1.1.1.1 Application. See the 1.1.1.1 Application Privacy Policy for more information about the data collection and use practices for Cloudflare's 1.1.1.1 Application and the associated 1.1.1.1 Application Services. This Policy also does not apply to our Customers’ domains, websites, APIs, applications, and networks, which may have their own terms and privacy policies. Our Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, including those relating to the collection of personal information, in connection with the use of our Services by End Users with whom our Customers interact. Cloudflare’s Websites and Services are not intended for, nor designed to attract, individuals under the age of eighteen. Cloudflare does not knowingly collect personal information from any person under the age of eighteen. When Cloudflare is a reverse proxy, our IP addresses may appear in WHOIS and DNS records for websites using our Services. We are a conduit for information controlled by others. It is our Customers and their users who are responsible for the content transmitted across our network (e.g., images, written content, graphics, etc.).

 2. INFORMATION WE COLLECT (Categories of Data Subjects) * Attendees * Name, email address, and other contact information: We may ask for and collect personal information such as your name, address, phone number and email address when you visit our offices, register for or attend a sponsored event or other events at which Cloudflare (and/or its representatives) participates, or participate in Cloudflare’s studies such as user experience research. * Image and voice: When you participate in a Cloudflare study, we may ask for your permission to record your voice and/or image during your participation in the study. * * Website Visitors * Name, email address, and other contact information: We ask for and—at your option—collect personal information from you when you submit web forms on our Websites, including opportunities to sign up for and agree to receive email communications from us. We also may ask you to submit such personal information if you choose to use interactive features of the Websites, including participation in surveys, contests, promotions, sweepstakes, or studies, requesting customer support, submitting feedback, or otherwise communicating with us. We will send such communications in accordance with applicable law. * Log files: Just as when you visit and interact with most websites and services delivered via the Internet, when you visit our Websites, including the Cloudflare Community Forum, we gather certain information and store it in log files. This information may include but is not limited to Internet Protocol (IP) addresses, system configuration information, URLs of referring pages, and locale and language preferences. * Cookies and other tracking technologies: We may use cookies and other information-gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Websites and assisting us in our marketing efforts. You can control how websites use cookies by configuring your browser's privacy settings (please refer to your browser's help function to learn more about cookie controls). Note that if you disable cookies entirely, Cloudflare’s Websites may not function properly. We may also use cookies and similar technologies to provide you advertising on third-party sites based upon your browsing activities and interests. If you wish not to have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union, the United Kingdom, or Switzerland, click here). You may view a complete list of cookies and change your cookie preferences by clicking on the “Cookie Preferences” link in the footer of the Cloudflare homepage at cloudflare.com. For more information about the cookies Cloudflare uses and your privacy choices, please see our Cookie Policy. * Material contributed in Interactive Areas: The Websites may offer publicly accessible blogs, community forums, comments sections, discussion forums, or other interactive features (“Interactive Areas”). If you choose to participate in any of these Interactive Areas, please be aware that any information that you post in an Interactive Area might be read, collected, and used by others who access it. If you wish to remove your personal information from any of our Interactive Areas, please see the Section 8, below. * * Customers and Administrators * Customer Account Information: When you register for an account, we collect contact information. Depending on subscription level, this contact information may include your Customer name, the email address(es) of your account Administrator(s), telephone number, and addresses necessary to process payment and delivery of Services. In addition, when you use the Services, we collect information about how you configure your account and the Services (e.g., firewall settings for the domains you administer), and we maintain logs of Administrator activity. We refer to all of this information collectively as “Customer Account Information” for the purposes of this Policy. Customer Account Information is required to enable your access to your Cloudflare account and Services. By providing us with any personal information, you represent that you are the owner of such personal information or otherwise have the requisite consent to provide it to us. * Payment information: We do not require our Customers to have payment information on file with us unless they have a paid subscription to our Services. When you sign up for one of our paid Services, you must provide payment and billing information. The information you will need to submit depends on which payment method you choose. For example, if you pay with a credit card, we will collect your card information and billing address, although we do not store full credit card numbers or personal account numbers. * * Public DNS Resolver Users * Limited DNS query data: We will collect limited DNS query data that is sent to our 1.1.1.1 resolver. Our 1.1.1.1 resolver service does not log personal data, and the bulk of the limited non-personally identifiable query data is only stored for 25 hours. You can learn more about our 1.1.1.1 resolver commitment to privacy here. * Please note that our data handling practices for our 1.1.1.1 Application, which is not covered by this Policy, are somewhat different than our 1.1.1.1 resolver data handling practices and are described here. * * End Users * Log Data: Cloudflare processes End Users’ information on behalf of our Customers. This information is processed when End Users access or use our Customers’ domains, websites, APIs, applications, devices, end points, and networks that use one or more of our Services. Cloudflare also processes End Users’ information on behalf of our Customers when the End Users access our Services pursuant to our Customers’ authorization. The information processed may include but is not limited to IP addresses, system configuration information, and other information about traffic to and from Customers’ websites, devices, applications, and/or networks (collectively, “Log Data”). * * Registrants * Contact and domain information: We collect data such as domain name and status, contact information (such as name, organization, address, phone number and email address), name server, DNSSEC, and Form of Approval (i.e., full WHOIS capture at time of transfer into our system, including the IP address that initiated the transfer). * In addition, Cloudflare stores server and network activity data, and observations and analyses derived from traffic data collected by Cloudflare in the course of providing the Services (together, “Operational Metrics”). Examples of Operational Metrics include service uptime and service availability metrics, request volumes, error rates, cache rates, and IP threat scores. 3. HOW WE USE INFORMATION WE COLLECT Cloudflare only processes personal information in a way that is compatible with and relevant to the purpose for which it was collected or authorized. As a general matter, for all categories of data described in Section 2 above, except 1.1.1.1 resolver user data, we may use the information (including personal information, to the extent applicable) to: * Provide, operate, maintain, improve, and promote the Websites and Services for all users of the Websites and Services;
 * Enable you to access and use the Websites and Services;
 * Process and complete transactions, and send you related information, including purchase confirmations and invoices;
 * Send transactional messages, including responses to your comments, questions, and requests; provide customer service and support; and send you technical notices, updates, security alerts, and support and administrative messages;
 * Send commercial communications, in accordance with your communication preferences, such as providing you with information about products and services, features, surveys, newsletters, offers, promotions, contests, and events about us and our partners; and send other news or information about us and our partners. See Section 9 below for information on managing your communication preferences.
 * Process and deliver contest or sweepstakes entries and rewards;
 * Monitor and analyze trends, usage, and activities in connection with the Websites and Services and for marketing or advertising purposes;
 * Comply with legal obligations as well as to investigate and prevent fraudulent transactions, unauthorized access to the Services, and other illegal activities;
 * Personalize the Websites and Services, including by providing features or content that match your interests and preferences;
 * To register visitors to our offices and to manage non-disclosure agreements that visitors may be required to sign, to the extent such processing is necessary for our legitimate interest in protecting our offices and our confidential information against unauthorized access; and
 * Process for other purposes for which we obtain your consent.
 Public DNS Resolver Users. We use information we collect from 1.1.1.1 resolver users to operate and improve the 1.1.1.1 resolver, such as to assist us in our debugging efforts if an issue arises. Our 1.1.1.1 resolver service does not store 1.1.1.1 resolver users’ personal data. We will not combine any information collected from DNS queries to our 1.1.1.1 resolver with any other Cloudflare or third party data in any way that can be used to identify individual end users. Learn more about our 1.1.1.1 resolver commitment to privacy here. Log Data from End Users. We use and process the Log Data from End Users to fulfill our obligations under our Customer agreements and as may be required by law. We act as a data processor and service provider pursuant to data processing instructions by our Customers. Information from Third Party Services. We may combine information we collect as described in Section 2 above with personal information we obtain from third parties. For example, we may combine information entered on a Cloudflare sales submission form with information we receive from a third-party sales intelligence platform vendor to enhance our ability to market our Services to Customers or potential Customers.

 4. DATA AGGREGATION Cloudflare may aggregate data we acquire about our Customers, Administrators, and End Users, including the Log Data described above. For example, we may assemble data to determine how Web crawlers index the Internet and whether they are engaged in malicious activity or to compile web traffic reports and statistics. Non-personally identifiable, aggregated data may be shared with third parties.

 5. NOTICE TO UK AND EU RESIDENTS Please note that the “personal information” referenced in this Privacy Policy means “personal data” as that term is defined under the European Union (“EU”) General Data Protection Regulations (“GDPR”) and its United Kingdom (“UK”) GDPR counterpart. Cloudflare is a data controller for the Personal Data collected from all categories of data subjects listed above except for the Personal Data of End Users. Cloudflare processes the Personal Data of End Users on behalf of its Customers. If you are an individual from the European Economic Area (the “EEA”), the UK or Switzerland, please note that our legal basis for collecting and using your personal information will depend on the personal information collected and the specific context in which we collect it. We normally will collect personal information from you only where: (a) we have your consent to do so, (b) where we need your personal information to perform a contract with you (e.g. to deliver the Cloudflare Services you have requested), or (c) where the processing is in our legitimate interests. Please note that in most cases, if you do not provide the requested information, Cloudflare will not be able to provide the requested service to you. In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person. Where we rely on your consent to process your personal data, you have the right to withdraw or decline consent at any time. Where we rely on our legitimate interests to process your personal data, you have the right to object. If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at privacyquestions@cloudflare.com.

 6. INFORMATION SHARING We work with other companies who help us run our business (“Service Providers”). These companies provide services to help us deliver customer support, process credit card payments, manage and contact our existing Customers and Administrators as well as sales leads, provide marketing support, and otherwise operate and improve our Services. These Service Providers may only process personal information pursuant to our instructions and in compliance both with this Privacy Policy and other applicable confidentiality and security measures and regulations, including our obligations under the EU-US and Swiss-US Privacy Shield frameworks described in Section 7, below. Specifically, we do not permit our Service Providers to sell any personal information we share with them or to use any personal information we share with them for their own marketing purposes or for any purpose other than in connection with the services they provide to us. In addition to sharing with Service Providers as described above, we also may share your information with others in the following circumstances: * Within the Cloudflare Group (defined for the purposes of this Policy as Cloudflare, Inc. (United States) and its subsidiaries listed Section 16;
 * With our resellers and other sales partners who may help us distribute the Services to Customers;
 * With an app developer when you install an app from our App Marketplace;
 * In the event of a merger, sale, change in control, or reorganization of all or part of our business;
 * When we are required to disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. (Learn more about how we handle law enforcement requests here);
 * Where we have a good-faith belief sharing is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Website Terms of Use, Self-Serve Subscription Agreement, and/or Enterprise Subscription Terms of Service; or as otherwise required to comply with our legal obligations; or
 * As you may otherwise consent from time to time.
 Public DNS Resolver Users. Cloudflare does not share 1.1.1.1 resolver logs with any third parties except for anonymous logs shared with APNIC pursuant to a Research Cooperative Agreement. Learn more about information sharing specific to the 1.1.1.1 resolver here. Registrants. If you purchase a domain name from Cloudflare’s registrar service, ICANN (The Internet Corporation for Assigned Names and Numbers) and the relevant registry operators overseeing the domain’s top-level domain require us to collect registrant data for the purposes of domain registration and via the WHOIS protocol. We may also be required to share this public data with ICANN, the relevant registry operators and other such providers with whom we contract in order to provide our domain name services, and additionally upon the legitimate request of third parties. Registrant data may include the domain name, registrant name and other contact information, and domain name server information. See our Domain Registration Agreement here. Notice to California Residents. We do not sell, rent, or share personal information with third parties as defined under the California Consumer Privacy Act of 2018 (California Civil Code Sec. 1798.100 et seq.), nor do we do not sell, rent, or share personal information with third parties for their direct marketing purposes as defined under California Civil Code Sec. 1798.83.

 7. INTERNATIONAL INFORMATION TRANSFERS Cloudflare is a U.S.-based, global company. We primarily store your information in the United States and the European Economic Area. To facilitate our global operations, we may transfer and access such information from around the world, including from other countries in which the Cloudflare Group has operations for the purposes described in this Policy. Whenever Cloudflare shares personal information originating in the EEA, the UK, or Switzerland with a Cloudflare entity outside the EEA, the UK, or Switzerland, we will do so on the basis of the EU standard contractual clauses (adjusted to address transfers from the UK) or the Privacy Shield Frameworks detailed in this section. If you are accessing or using our Websites or Services or otherwise providing information to us, you are agreeing to the transfer of your personal information to the United States and other jurisdictions in which we operate. Privacy Shield. Cloudflare is certified under both the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EEA, the UK, and Switzerland to the United States, respectively (“Privacy Shields”). We commit to periodically review and verify the accuracy of our policies and our compliance with the Privacy Shields. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. For more information on the EU-U.S. Privacy Shield or Swiss-U.S. Privacy Shield, please visit the U.S. Department of Commerce’s Privacy Shield website at: https://www.privacyshield.gov/welcome. If you believe that we maintain copies of your personal data within the scope of the Privacy Shields, you may direct any inquiries to SAR@cloudflare.com or via mail to: Cloudflare, Inc., 101 Townsend St., San Francisco, CA 94107, Attn: Data Protection Officer. We will respond to your inquiry within 30 days of receipt and verification of your identity. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. If neither we nor our dispute resolution provider are able to resolve your complaint, as a last resort you may engage in binding arbitration through the Privacy Shield Panel. Our commitments under the Privacy Shields are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. We may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Under such circumstances, we may be prohibited by law, court order or other legal process from providing notice of disclosure.

 8. DATA SUBJECT RIGHTS AND CHOICES For any subject access request ("SAR"), we will need to verify a requestor is inquiring about their own information before we can assist. Where a SAR may implicate the personal data of another individual, we must balance the request against the risk of violating another person’s privacy rights. We will comply with SARs to the extent required by applicable law or the US-Swiss or US-EU Privacy Shield. In the EEA, the UK, and Switzerland, you also have the right to lodge a complaint with a supervisory authority. Attendees, Website Visitors, Customers, Administrators, and Registrants. You have the right to access, correct, update, export, or delete your personal information. You may email us at SAR@cloudflare.com with any such subject access requests (“SAR”), and we will respond within thirty (30) days. Customers and Administrators also can access, correct, export, or update their Account Information by editing their profile or organization record at cloudflare.com. Public DNS Resolver Users. We do not retain any personal information about 1.1.1.1 resolver users that would be subject to the data subject rights described above. End Users. Cloudflare has no direct relationship with End Users. Even where “Cloudflare” may be indicated as the authoritative name server for a domain, unless Cloudflare is the owner of that domain, we have no control over a domain’s content. Accordingly, we rely upon our Customers to comply with the underlying legal requirements for subject access requests. If an End User requests that we access, correct, update, or delete their information, or no longer wishes to be contacted by one of our Customers that use our Services, we will direct that End User to contact the Customer website(s) with which they interacted directly. Our Customers are solely responsible for ensuring compliance with all applicable laws and regulations with respect to their website users. 9. COMMUNICATION PREFERENCES Cloudflare will send you commercial communications based on the communication preferences in your account settings. Cloudflare also will send you service-related communications. You may manage your receipt of commercial communications by clicking on the “unsubscribe” link located on the bottom of such emails, through your account settings if you have a Cloudflare account, or you may send a request to unsubscribe@cloudflare.com.

 10. DATA SECURITY, DATA INTEGRITY AND ACCESS We take all reasonable steps to protect information we receive from you from loss, misuse or unauthorized access, disclosure, alteration and/or destruction. We have put in place appropriate physical, technical and administrative measures to safeguard and secure your information, and we make use of privacy-enhancing technologies such as encryption. If you have any questions about the security of your personal information, you can contact us at privacyquestions@cloudflare.com.

 11. NOTIFICATION OF CHANGES If we make changes to this Policy that we believe materially impact the privacy of your personal information, we will promptly provide notice of any such changes (and, where necessary, obtain consent), as well as post the updated Policy on this website noting the effective date of any changes.

 12. BUSINESS TRANSACTIONS We may assign or transfer this Policy, as well as information covered by this Policy, in the event of a merger, sale, change in control, or reorganization of all or part of our business.

 13. ENGLISH LANGUAGE CONTROLS Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

 14. DISPUTE RESOLUTION If you have an unresolved privacy or data-use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

 15. EU REPRESENTATIVE Cloudflare Portugal, Unipessoal Lda., further identified in the Contact Information section below, is our EU representative pursuant to Article 27 of the EU GDPR. Cloudflare, Ltd., further identified in the Contact Information section, is our UK representative pursuant to the UK GDPR.

 16. CONTACT INFORMATION Cloudflare, Inc.
101 Townsend St.
San Francisco, CA 94107
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare, Ltd.
County Hall/The Riverside Building
Belvedere Road
London, SE1 7PB
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare Portugal, Unipessoal Lda.
Largo Rafael Bordalo Pinheiro 29
1200-369 Lisboa
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare Germany GmbH
Rosental 7
80331 München
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare Pte., Ltd.
182 Cecil Street, #35-01
Frasers Tower, Singapore 069547
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare Australia Pty Ltd.
333 George St., 5th Floor
Sydney, NSW 2000
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare (Beijing) Information Technology Co., Ltd.
16 South Guangshun Street
Donghuang Building 17th Floor
Chaoyang District Beijing 100015
Attention: Data Protection Officer
privacyquestions@cloudflare.com Cloudflare Cookie Policy Last Updated: April 15, 2020 This Cloudflare Cookie Policy (“Policy”) outlines the general policy, practices, and types of cookies that Cloudflare, Inc. (“Cloudflare,” “we,” “us,” or “our”) may use to improve our Services and your experience when visiting our Websites. For the purposes of this Policy, capitalized terms used but not defined in this Policy have the meanings given in our Privacy Policy. Our Websites and Services use cookies and other similar technologies (collectively in this Policy, "cookies"), in order to provide a better service to you, to help keep your account safe, and to generally improve our Websites and Services. Cookies perform essential functions, such as ensuring a webpage loads correctly and securely. They also help us provide you with a consistent and efficient experience. For example, we may use cookies to remember which language you prefer, to remember that you are a repeat visitor so we can direct you to the appropriate part of our Websites, or to present you with services that are matched to your preferences. Cookies are small pieces of text used to store information on web browsers. They are used by many websites to store and receive identifiers and other information on devices, such as a handheld phone or computer. You can learn more about cookies and their functions generally by visiting an information website such as allaboutcookies.org. We also may include tracking pixels, which are small graphic images, in our marketing communications to determine engagement. These cookies may be set by us or by third parties with whom we have partnered to assist in our marketing efforts. We use four categories of cookies: Strictly Necessary, Functional, Performance, and Targeting. Strictly Necessary cookies are required to deliver security and enable core site functionality and cannot be turned off. You may view a complete list of cookies and change your cookie preferences by clicking on the “Cookie Preferences” link in the footer of the Cloudflare homepage at cloudflare.com. Most web browsers are set to accept cookies by default, however, you may be able to delete cookies yourself through your browser’s cookie manager. To do so, please follow the instructions provided by your web browser. Please note that disabling cookies will reset your session, disable auto-login, and may adversely affect the availability and functionality of our Websites and the services we can provide to you. Strictly Necessary Cookies. Strictly Necessary cookies are essential to providing the Cloudflare Websites and Services to you and cannot be turned off. They provide necessary security settings or help you use our Websites’ features and Services as expected (including remembering your cookie consent preferences). Cloudflare places Strictly Necessary cookies both on Cloudflare Websites as well as on our Customers’ websites. For example, when you visit our Websites or our Customers’ websites, as part of our Services, we may place "_cfduid" cookies, bot detection cookies (such as "_cf_bm" and cookies for CAPTCHA), and a load balancing cookie (_cflb) on the computers of visitors to our Websites and of our End Users. We do this in order to identify malicious visitors to our Websites and our Customers’ websites, to assist with web-traffic filtration, and to reduce the chance of blocking legitimate users. You can learn more about these cookies here. You cannot turn off Strictly Necessary cookies. Functional Cookies. Functional cookies allow us to remember choices you make about the kind of experience you want on our Websites and to provide you with a more personalized experience. For example, a functional cookie is required to remember which language you prefer. You may choose to opt out of these cookies, but if you do, various functions of the Websites or Services may be unavailable to you or may not work as intended. Performance. Performance cookies help us learn how you use our Websites to help improve their performance and design. These cookies provide us with aggregated statistical information such as number of page visits, page load speeds, how long a user spends on a particular page, and the types of browsers or devices used to access our Websites. For example, we may use cookies to understand what pages you browsed before submitting a sales request form. You may opt out of these cookies through the Cookie Preferences link on cloudflare.com or through the links listed below. Some of the Performance cookies we use are: * Google Analytics - Tracks user behavior on the Websites, which helps us better understand how users are using the Websites. Learn more at https://www.google.com/policies/privacy/, and to opt out, visit http://tools.google.com/dlpage/gaoptout. * Google Tag Manager - Tracks user behavior on the Websites, which helps us better understand how users are using the Websites. Learn more at https://support.google.com/tagmanager/answer/6102821?, and to opt out, visit https://support.google.com/analytics/answer/7519794. * Marketo (Munchkin) - Links visitor behavior on the Websites to the recipient of an email marketing campaign to measure campaign effectiveness. Learn more at http://legal.marketo.com/cookies/, and to out opt, visit http://developers.marketo.com/javascript-api/lead-tracking/#opt_out. * Bizible - Records website and server performance with each visit to the Websites. Learn more at http://www.bizible.com/privacy-policy, and to opt out, visit https://www.bizible.com/cookie-opt-out. * TechTarget - Tracks user behavior on the Websites, which helps us better understand how users are using the Websites.Learn more at https://www.techtarget.com/privacy-policy-may25/ and to opt out, visit https://www.techtarget.com/individual-rights-request/. Please note that TechTarget will not collect any data when a user is identified by IP address as being based in the EU or UK. In addition, we also may include tracking pixels, which are small graphic images, in our email messages to determine whether the messages were opened and if the links were clicked. If you do not want to receive tracking pixels in emails we send you, you will need to disable HTML images in your email client, but that may affect your ability to view images in other emails you receive. Targeting. These third-party cookies are placed by third-party advertising platforms or networks to collect information about your visits to and actions on certain pages of our Websites so that they can deliver ads for relevant Cloudflare products and services to you later, such as when you are on certain third-party sites. These cookies also track ad performance. We do not sell, rent, or share personal information with third parties as defined under the California Consumer Privacy Act of 2018 (California Civil Code Sec. 1798.100 et seq.), nor do we do not sell, rent, or share personal information with third parties for their direct marketing purposes as defined under California Civil Code Sec. 1798.83. We do permit third parties to collect personal information as described in our Privacy Policy for the business purposes described here. You may opt out of Targeting cookies through the Cookie Preferences link on cloudflare.com or through the links listed below. If you wish to opt-out of cookies that collect information to serve you interest-based ads generally, you may opt-out by clicking here (or if located in the European Union or United Kingdom, click here). Some of the Targeting cookies we use are: * Bing Ads - Advertising platform. Learn more at https://advertise.bingads.microsoft.com/en-us/resources/policies/microsoft-bing-adsprivacy-policy. * Twitter - Analyzes browsing activity to establish user profile and advertising platform. Learn more at https://support.twitter.com/articles/20170514, and learn how to opt out at https://help.twitter.com/en/personalization-data-settings. * Facebook Custom Audience - Analyzes browsing activity across our Websites to track advertising effectiveness, customize audiences, and improve ad retargeting. Learn more at https://www.facebook.com/business/learn/facebook-ads-pixel, and learn how to opt out at https://www.facebook.com/policies/cookies/ whether you are a Facebook user (via your ad preferences) or not (via the Digital Advertising Alliance for your jurisdiction). * LiveRamp - Tracking anonymous user characteristics for ad retargeting. Learn more at https://liveramp.com/privacy/, and to opt out, visit https://liveramp.com/opt_out/. * OpenX - Advertising platform. Learn more about and learn how to opt out at https://www.openx.com/legal/privacy-policy/. * Yahoo Ad Exchange - Advertising platform. Learn more at https://www.verizonmedia.com/policies/us/en/verizonmedia/privacy/index.htm. and to opt out, visit https://www.verizonmedia.com/policies/us/en/verizonmedia/privacy/controls/index.html. * AppNexus - Advertising platform. Learn more, including how to opt out, at https://www.appnexus.com/en/company/platform-privacy-policy. * BidSwitch - Advertising platform. Learn more and opt out at http://www.bidswitch.com/policies/. * DoubleClick - Provides Internet ad-serving services. Learn more at https://policies.google.com/privacy and learn how to opt out at https://support.google.com/ads/answer/2662922. * LinkedIn Insights - Analyzes browsing activity to establish user profile and advertising platform. Learn more at https://www.linkedin.com/legal/privacy-policy and https://www.linkedin.com/help/lms/answer/65521/the-linkedin-insight-tag-faqs?lang=en, including how to opt out whether you are a LinkedIn user (via your ad preferences) or not (via the Digital Advertising Alliance for your jurisdiction). LinkedIn account holders can opt-out specifically from LinkedIn’s uses of certain categories of data to show more relevant ads. Visitors to LinkedIn can opt out here. * RollWorks, a division of NextRoll - Advertising platform. Learn more at https://www.nextroll.com/privacy, and learn how to opt out at https://www.nextroll.com/privacy#service-8. LET’S ENCRYPT SUBSCRIBER AGREEMENT This Subscriber Agreement (“Agreement”) is a legally binding contract between you and, if applicable, the company, organization or other entity on behalf of which you are acting (collectively, “You” or “Your”) and Internet Security Research Group (“ISRG,” “We,” or “Our”) regarding Your and Our rights and duties relating to Your acquisition and use of SSL/TLS digital certificates issued by ISRG. If you are acting on behalf of a company, organizationor other entity, You represent that you have the authority tobind such entity to this Agreement.1.Definitions and Terms“ACME Client Software” —Asoftware application that uses the ACME protocol to request, accept, use or manage Let’s Encrypt Certificates.“Certificate” —A computer-based record or electronic message issued by an entity that associates a “Public Key” with an Internet domain name or other technical identifiers and is Digitally Signed by the issuing entity.“CRL” —A database or other list of Certificates that have been revoked prior to the expiration of their Validity Period.“Digital Signature/Digitally Sign” —The transformation of an electronic record by one person, using a Private Key and Public Key Cryptography, so that another person having the transformed record and the corresponding Public Key can accurately determine (i) whether the transformation was created using the Private Key that corresponds to the Public Key, and (ii) whether the record has been altered since the transformation was made. A Digital Signatureneed not incorporate a handwritten signature.“Key Pair”—Two mathematically-related keys (a Private Key and its corresponding Public Key), having the properties that (i) one key can be used to encrypt a message (i.e., create a Digital Signature) that can only be decrypted using the other key (i.e., verify theDigital Signature), and (ii) even while knowing or possessing one key (e.g., the Public Key), it is computationally difficult or infeasible to discover the other key (e.g., the Private Key).“Let’s Encrypt Certificate”—A Certificate issued by ISRG under the Let’s Encrypt name.“Private Key” —A key kept secret by its holder and which is used in Public Key Cryptography to create Digital Signatures and to decrypt messages or files that were encrypted with the corresponding Public Key.“Public Key” —In Public Key Cryptography, this is the publicly-disclosed key that is used by the recipient to (i) validate Digital Signatures created with the corresponding Private Key and (ii) encrypt messages or files to be decrypted with the corresponding Private Key.“Key Compromise”—A Private Key is said to be compromised if its value has been disclosed to an unauthorized person, an unauthorized person has had access to it, or there exists a practical technique by which an unauthorized person may discover its value. A Private Key is also considered compromised if methods have been developed that can easily calculate it based on the Public Key or if there is clear evidence that the specific method used to generate the Private Key was flawed. Version 1.2November15, 2017Page 2of 7“Public Key Cryptography” —A type of cryptography that uses a Key Pair to securely encrypt and decrypt messages. One key encrypts a message, and the other key decrypts the message. One key is kept secret (the Private Key), and one is made available to others (the Public Key). These keysare, in essence, large mathematically-related numbers that form a unique pair. Either key may be used to encrypt a message, but only the other corresponding key may be used to decrypt the message.“Repository” —An online system maintained by ISRG for storing and retrieving Let’s Encrypt Certificatesand other information relevant to Let’s Encrypt Certificates, including information relating validity or revocation.“Validity Period” —The intended term of validity of a Certificate, beginning with the date of issuance (“Valid From”or “Activation”date), and ending on the expiration date indicated in such Certificate (“Valid To”or “Expiry”date).“Your Certificate” —A Let’s Encrypt Certificate issued to You.2.Effective Date, Term, and Survival2.1Effective Date of AgreementThis Agreement is effective once You request that ISRG issue a Let’s Encrypt Certificateto You.2.2TermEach of Your Certificates will be valid for the Validity Period indicated in such Certificateunless revoked earlier. This Agreement will remain in force during the entire period during which any of Your Certificates arevalid, continuously so as to include any renewal periods (including automatic renewals). OnceYou no longer possess any valid Let’s Encrypt Certificate, thisAgreement will terminate.2.3SurvivalSections in this Agreement concerning privacy, indemnification, disclaimer of warranties, limitations of liability, governing law, choice of forum, limitationson claims against ISRG, and prohibitions on the use offraudulently-obtained Certificates and expired Certificates shall survive anytermination or expiration of this Agreement.3.Your Warranties and Responsibilities3.1WarrantiesBy requesting, accepting, or using a Let’s Encrypt Certificate:•You warrant to ISRG and the public-at-large that You are the legitimate registrant of the Internet domain name that is, or is going to be, the subject of Your Certificate, or that You are the duly authorized agent of such registrant.•You warrant to ISRG and the public-at-large that either (1)You didnot obtain control of such domain name asthe result ofa seizure of suchdomain name, or (2)suchdomain namehad no ongoing lawful usesat the time of such seizure.•You warrant to ISRG and the public-at-large thatall information in Your Certificate regarding You or Your domain name is accurate, current, reliable, complete, and not misleading.•You warrant to ISRG and the public-at-large thatall information You have provided to ISRG is, and You agreethat all information you will provide to ISRG at any timewill be,accurate, current, complete, reliable, and not misleading. Version 1.2November15, 2017Page 3of 7•You warrant to ISRG and the public-at-large that You rightfully hold the Private Key corresponding to the Public Key listed in Your Certificate.•You warrant to ISRG and the public-at-large that You have taken, and You agreethat at all times You will take,all appropriate, reasonable, and necessary steps to maintain control of, secure, properly protectand keep secret and confidential the Private Keycorresponding to the Public Key in Your Certificate (and any associated activation data or device, e.g. password or token).3.2Changes in Certificate InformationIf at any time You no longer control the Internet domain namesassociated with any of Your Certificates, or if any of the warranties in Section 3.1 above are no longer truewith respect to any of Your Certificates in any other way, You will immediately request that ISRG revoke the affected Certificates. You may request replacement Let’s Encrypt Certificatesbefore revoking theaffected Certificates, provided that the warranties in Section 3.1 above are true with respect to the replacement Certificates.3.3Certificate IssuanceThe contents of Your Certificates will bebased on the information You or Your ACME Client Software sendsto ISRG.If ISRG accepts your request for a Let’s Encrypt Certificate, ISRG will create Your Certificate and it will be provided to You through the ACME protocol. If ISRG is unable to confirm your identity or authorization, Your request maybe denied.ISRG may, in its sole discretion, refuse to grant Your request for a Let’s Encrypt Certificate, including for any lawful reason stated or not stated in this Agreement.3.4Key Pair GenerationYour Key Pair (Public and Private Keys) will be generated by You or Your ACMEClient Software on Your systems. You will submit the corresponding Public Key to ISRG and it will be incorporated into Your Certificate. ISRG will store Your Certificate in its Repository. ISRG will not have access to Your Private Key.Your Private and Public Keys will remain Your property.We will use technical methods and protocols to verify thatYou have control over the subject Internet domain name. This verification is done solely to assist ISRG in determining whether to issue a Let’s Encrypt Certificate and is not a service being performed for Your benefit or on Your behalf.3.5Inspection and Acceptance of CertificatesYou warrant to ISRG and the public-at-large, and You agree,that You will immediately inspect the contents of Your Certificate (“Initial Inspection”),and to immediately request revocation if you become aware of any inaccuracies, errors, defects, or other problems(collectively, “Certificate Problems”)with Your Certificate. Your ACME Client Software may perform this task for You. You agree that You will have accepted Your Certificatewhen You first use Your Certificate or the corresponding Private Key after obtaining Your Certificate,or if You fail torequest revocation of Your Certificate immediately following Initial Inspection.3.6Installation and Use of Your CertificateYou may reproduce and distribute Your Certificate on a nonexclusive and royalty-free basis, provided that it is reproduced and distributed in full and in compliance with this Agreement.You warrant to ISRG and the public-at-large, and You agree,that You will install Your Certificate only on servers that are accessible Version 1.2November15, 2017Page 4of 7at the subjectAltName(s) listed in Your Certificate, and that you will use Your Certificate solely in compliance with all applicable laws and solely in accordance with this Agreement.Your Certificatewill remain the property of ISRG, subject to Your right to use it as set forth in this Agreement.The purpose of Your Certificate is to authenticate and encryptInternet communications. ISRG is not responsible for anylegal orother consequences resulting from or associated with the use of Your Certificate. You agree that You will not use Your Certificate for any purpose requiring fail-safe performance, such as the operation of public utilities or power facilities, air traffic control or navigationsystems, weapons systems, or any other systems,the failure of which would reasonably be expected to lead to bodily injury, deathor property damage.3.7.When to Revoke Your CertificateYou warrant to ISRG and the public-at-large, and Youagree,that You will immediately request that Your Certificate be revoked if: (i) there is any actual or suspected misuse or Key Compromise of the Private Key associated with the Public Key included in Your Certificate,or (ii) any information in Your Certificate is, or becomes, misleading, incorrect or inaccurate. You may make a revocation request to ISRG using ACME Client Software. You should also notify anyone who may have relied upon Your use of Your Certificate that Your encrypted communications may have been subject to compromise.3.8When to Cease Using Your CertificateYou warrant to ISRG and the public-at-large, andYou agree,that You will promptly cease using Your Certificate (i) if any information in Your Certificate is, or becomes, misleading, incorrect or inaccurate, or (ii) upon the revocation or expiration of Your Certificate.3.9When to Cease Using Your Private KeyYou warrant to ISRG and the public-at-large, and You agree, that You will promptly cease all use of the Private Key corresponding to the Public Key included in Your Certificate upon revocation of Your Certificate for reasons of known or suspected Key Compromise.3.10IndemnificationYou agree to indemnify and hold harmless ISRG and its directors, officers, employees, agents, and affiliates from any and all liabilities, claims, demands, damages, losses, costs, and expenses, including attorneys’ fees, arising out of or related to: (i) any misrepresentation or omission of material fact by You to ISRG, irrespective of whether such misrepresentation or omission was intentional, (ii) your violation of this Agreement, (iii) any compromise or unauthorized use of Your Certificate or corresponding Private Key, or (iv) Your misuse of Your Certificate. If applicable law prohibits a party from providing indemnification for another party’s negligence or acts, such restriction, or any other restriction required by law for this indemnification provision to be enforceable, shall be deemed to be part of this indemnification provision.4.ISRG’s Rights and Responsibilities4.1PrivacyBecause others may rely on your use of Your Certificates to encrypt Internet communications, much of the information You send to ISRG will be published by ISRG and will become a matter of public record. ISRG’s collection, storage, use and disclosure of such information are governed by the Let’s Encrypt Privacy Policy at: https://letsencrypt.org/privacy/.4.2Certificate Repository Version 1.2November15, 2017Page 5of 7During the term of the Agreement, ISRG will operate and maintain a secure online Repository that is available to authorized relying parties that contains: (i) all past and current Let’s Encrypt Certificates (including, as applicable, Your Certificate) and (ii) a CRL orsimilar online database indicating whether Let’s Encrypt Certificates arevalid, suspended, and/or revoked.ISRG will publish Your Certificate in the Repository and will indicate whether it is valid, suspended, revoked, and/or expired. ISRG will allow the public to access this information.4.3Suspension and RevocationYou acknowledge and accept that ISRG may immediately suspend Your Certificate ifany party notifiesISRG that Your Certificate is invalid or has been compromised. ISRG will determine, in its sole discretion, whether to revoke Your Certificate. If You or Your agent requeststhat Your Certificate be revoked, ISRG will revoke Your Certificate and update the Repository as soon as practical. If arequest for revocation is signed by your Private Key, then ISRG will automaticallydeem the request to be valid.You also acknowledge and accept that ISRG may, without advance notice, immediately revoke Your Certificate if ISRGdetermines, in its sole discretion, that: (i) Your Certificate wasnot properly issued or was obtained through misrepresentation, concealment, or fraud; (ii) Your Certificate has become,or appears to have become, unreliable; (iii) the security of the Private Key corresponding to Your Certificate has been or may be stolen, lost, or otherwise compromised,or subject to unauthorized use;(iv) any information in Your registration with ISRG or Your request for a Let’s Encrypt Certificate has changed or has become false or misleading; (v) You have violated any applicable law, agreement (including this Agreement), or other obligation; (vi) Your Certificate is being used, or has been used, to enable any criminal activity (such as phishing attacks, fraud or the distribution of malware); (vii) Your Certificate is being used, or has been used, to intercept the traffic of others;(viii) You request revocation; (ix) ISRG is legally required to revoke Your Certificate pursuant to a valid court order issued by a court of competent jurisdiction; (x) this Agreement has terminated; or (xi) there are other reasonable and lawful grounds for revocation. ISRG will provide notice of revocation via emailto the emailaddress of record.4.4IMPORTANT DISCLAIMEROF WARRANTIES AND LIMITATION OF LIABILITYEXCEPT AS EXPRESSLY SET FORTH IN ISRG’S CERTIFICATE POLICY AND CERTIFICATE PRACTICESTATEMENT, LET’S ENCRYPT CERTIFICATES AND SERVICES ARE PROVIDED“AS-IS”AND ISRG DISCLAIMS ANY AND ALL WARRANTIES OF ANY TYPE, WHETHER EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ANY ISRG SERVICE OR LET’S ENCRYPT CERTIFICATE.BECAUSE LET’S ENCRYPT CERTIFICATES ARE ISSUED FREE-OF-CHARGE AS A PUBLIC SERVICE, ISRG CANNOT ACCEPT ANY LIABILITY FOR ANY LOSS, HARM, CLAIM, OR ATTORNEY’S FEESIN CONNECTION WITH SUCH CERTIFICATES.ACCORDINGLY, YOU AGREE THAT ISRG WILL NOT BE LIABLE FOR ANY DAMAGES, ATTORNEY’S FEES, OR RECOVERY, REGARDLESSOF WHETHER SUCH DAMAGES ARE DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR COMPENSATORY, EVEN IF ISRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS LIMITATION ON LIABILITY APPLIES IRRESPECTIVE OF THE THEORY OF LIABILITY, I.E., WHETHER THE THEORY OF LIABILITY IS BASEDUPON CONTRACT, WARRANTY, INDEMNIFICATION, CONTRIBUTION,TORT, EQUITY, STATUTE OR REGULATION, COMMON LAW, OR ANY OTHER SOURCE OF LAW, STANDARDOF CARE, CATEGORY OF CLAIM, NOTION OF FAULT OR RESPONSIBILITY, OR THEORY OF RECOVERY.THE PARTIES AGREE THAT THIS DISCLAIMER IS INTENDED TO BE CONSTRUED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. Version 1.2November15, 2017Page 6of 7BY WAY OF FURTHER EXPLANATION REGARDING THE SCOPE OF THE DISCLAIMER, AND WITHOUT WAIVING OR LIMITING THE FOREGOING IN ANY WAY, ISRG DOES NOT MAKE, AND ISRG EXPRESSLY DISCLAIMS, ANY WARRANTY REGARDING ITS RIGHT TO USE ANY TECHNOLOGY, INVENTION, TECHNICALDESIGN, PROCESS, OR BUSINESS METHOD USED IN EITHER ISSUING LET’S ENCRYPT CERTIFICATES OR PROVIDING ANY OF ISRG’S SERVICES.YOU AFFIRMATIVELY AND EXPRESSLY WAIVE THE RIGHT TO HOLD ISRG RESPONSIBLE IN ANY WAY, OR SEEK INDEMNIFICATIONAGAINST ISRG, FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT.5.Additional Terms5.1Governing LawThe parties agree that the laws of the State of California govern this Agreement, irrespective of California’s choice of law and conflicts of law principles.5.2.Choice of ForumAny claim, suit or proceedingarising out of this Agreement must be brought in a state or federal court located in San Jose, California.5.3Limitation on Claimsagainst ISRGAny claim, suit or proceedingagainst ISRG arising out of this Agreement must be commenced within one year of any alleged harm, loss, or wrongful acthaving occurred.5.4No Third-PartyBeneficiaryThis Agreement does not create rights in favor of any thirdparties. Furthermore, it is the express intent of the parties that this Agreement shall not be construed to confer any rights on any thirdparty.5.5Entire AgreementThis Agreement,together with any documents incorporated by reference in any of the foregoing, constitutes the entire Agreement between You and ISRGconcerning the subject matter hereof.5.6AmendmentISRG may modify this Agreement from time to time. Each modified version of this Agreement will be posted to ISRG’s Let’s Encrypt website (letsencrypt.org)at least fourteen (14) days before it becomes effective. If such new version contains material changes and You have providedISRG with an email address, ISRG will send an email to such address notifying You of such new versionat least fourteen (14) days before it becomes effective. In addition, major changes will be flagged with a new Subscriber Agreement version number in the ACME protocol, so You may be able to configure Your ACME Client Software to notify You of such changes.5.7SeverabilityIf any provision of this Agreement is found to be invalid, unenforceable, or contrary to law, then the Agreement will be deemed amended by modifying such provision to the extent necessary to make it valid and enforceable while preserving its intent or, if that is not possible, by striking the provision and enforcing the remainder of this Agreement. Version 1.2November15, 2017Page 7of 75.8Authorization of ISRG to Send EmailsBy requesting, accepting or using a Let’s Encrypt Certificate, You authorize ISRG to send You emailsrelating to the renewal or revocation of Your Certificates, or to Your request, acceptance, or use of Let’s Encrypt Certificates.ISRG may send You such emailsusing any email address You provide to ISRG or any commonly-accepted contact emailaddressfor the domain names associated with Your Certificates, such as WHOIS domain contacts or common administrative emailaddresses. New Zealand Parliament Petition Disclaimer Your personal information (name and email address) is being collected so that we can record your support for this petition. It will be held by the Office of the Clerk of the House of Representatives located at the Parliament Buildings, Wellington. You have the right to request access to and correction of this information should you wish. Your email address is collected to verify that you have only signed the petition once and will not be used to send you correspondence or publicly disclosed, unless authorised by law.  As a signatory, your name will form part of the official record of the petition and will be disclosed to the select committee that considers the petition. Your name will not be published to the parliament website but may be made available in hard-copy for public inspection. A copy of our full privacy statement can be found on the privacy page. SoundCloud Terms of Use Welcome to SoundCloud®, a service provided by SoundCloud Limited (“SoundCloud”, “we” “our”, or “us”). These Terms of Use govern your use of soundcloud.com and m.soundcloud.com (together, the “Website”), our mobile and desktop apps (our "Apps") and all related players, widgets, tools, features, applications, data, software, APIs (which may also be subject to separate API Terms of Use) and other services provided by SoundCloud (the “Services”). These Terms of Use, together with our Community Guidelines and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract (the “Agreement”), between you and SoundCloud in relation to your use of the Website, Apps and Services (together, the “Platform”). Please also be sure to review our Privacy Policy and Cookies Policy for more information on how we collect and use data relating to the use and performance of the Platform, as well as our responsibilities and your rights in relation to any processing of your personal data. These Terms of Use consist of the following sections: * Acceptance of Terms of Use Basically, by using SoundCloud® you accept our Terms of Use and Community Guidelines and agree to abide by them.
 * Changes to Terms of Use This section explains that our terms of Use may change from time to time.
 * Description of the Platform This provides a general description of the Platform, its features and functionality.
 * Your SoundCloud account This section explains your responsibilities should you choose to register for a SoundCloud® account.
 * Your Use of the platform This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
 * Your content This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
 * Grant of license This section explains how your content will be used on SoundCloud® and the permissions that you grant by uploading your content - for example, the right for other users to listen to your sounds.
 * Representations and warranties This section includes important promises and guarantees that you give when uploading content to SoundCloud® - in particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
 * Liability for content This section explains that SoundCloud is a hosting service and that its users are solely liable for material that they upload to SoundCloud®.
 * Reporting infringements This section explains how to notify us of any content on SoundCloud® that you believe infringes your copyright or any other intellectual property right, or that is unlawful, abusive, defamatory or otherwise contrary to our Terms of Use or Community Guidelines. You can find further information on reporting copyright infringement on our Copyright Information pages.
 * Third party websites and services Through SoundCloud® you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of SoundCloud.
 * Blocking and removal of content This section makes it clear that SoundCloud may block or remove content from the Platform.
 * Repeat infringers Users who repeatedly infringe third party rights or breach our Terms of Use or Community Guidelines risk having their SoundCloud® accounts suspended or terminated, as explained in this section.
 * Disclaimer This section explains that SoundCloud® cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
 * Limitation of liability This section explains some of those things that SoundCloud will not be liable for. Please make sure you read and understand this section.
 * Indemnification If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
 * Data protection, privacy and cookies It is really important to us that you understand how we use your personal information. All information is collected, stored and used in accordance with our Privacy Policy, so please make sure that you read and understand that policy. Like most other websites, we also use cookies to help us analyze how people use SoundCloud, so that we can keep improving our service. Our use of cookies is explained in our Cookies Policy.
 * Meetups This section deals with SoundCloud® meetups and explains that these are not “official’ SoundCloud events, so we cannot be responsible for anything that happens at meetups.
 * Competitions and other promotions This section deals with competitions, contests and sweepstakes on SoundCloud®. These are not run by SoundCloud, and therefore we cannot be responsible for them. If you want to run your own competition on SoundCloud, make sure you read and understand our Competition Terms.
 * Use of SoundCloud players and widget This section includes a few restrictions on how you can use our players and widgets – basically, don’t try to use our players to create a new music or audio streaming service.
 * Subscriptions and gift codes This section links you to information explaining how to purchase "Pro" and "Pro Unlimited" plans and "SoundCloud Go" subscriptions as well as gift codes and how you can cancel your purchases in certain circumstances.
 * Changes to the Platform, accounts and pricing From time to time, we may need to make some changes to SoundCloud®. This section explains your rights in this situation.
 * Termination This section explains how you can terminate your SoundCloud® account, and the grounds on which we can terminate your use of SoundCloud®.
 * Assignment to third parties This section deals with SoundCloud’s right to transfer this agreement to someone else.
 * Severability This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
 * Entire agreement Your use of SoundCloud® is governed by these Terms of Use, our Privacy Policy, Cookies Policy and Community Guidelines. Any changes need to be made in writing.
 * Third party rights These Terms of Use apply to the relationship between you and SoundCloud only.
 * Applicable law and jurisdiction All of our documents are generally governed by German law.
 * Disclosures This section provides information about SoundCloud, including how to contact us.
 Acceptance of Terms of Use Please read these Terms of Use, Privacy Policy, Cookies Policy and Community Guidelines, very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use and Community Guidelines, will abide by them, and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years of age or more if you reside in the United States or anywhere else. Changes to Terms of Use We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example to address legal or regulatory changes or changes to features or functionality made available through the Platform, in our discretion. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates. When we make any material changes to these Terms of Use, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Platform and/or by sending you an email to the email address that you have provided us or a message to your SoundCloud account, and the revised Terms of Use will become effective two (2) weeks after such notification. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such two (2) week period, your continued use of the Platform after the end of that two (2) week period will constitute your acceptance of the revised Terms of Use. Description of the Platform The Platform is a hosting service. Registered users of the Platform may submit, upload and post audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by SoundCloud at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users. The Platform also includes social and interactive features that enable users to engage with and learn from the SoundCloud community in order to build a following and ensure you get the content that inerests you most. For example, users who upload content to SoundCloud will gain access to our creator stats feature, which provides creators with insights into how the content they upload fares among users, including which users are top listeners and downloaders of such content. Some features of our Platform are only available to registered users who subscribe to a certain Service (see Subscriptions and Gift Codes below). SoundCloud however remains free for users that choose not to subscribe to such Services. In order to make the Platform available for free and provide you with personally relevant features, we serve tailored ads on the Platform on behalf of third party advertisers. To that end, we use information that you make available to us when you interact with the Platform to inform the nature of the ads we show you and provide you with a customized experience. More information on how we use data to show you personalized ads is described in our Privacy Policy. We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features. Your SoundCloud account You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only available to registered users. As an example, our App, SoundCloud Pulse, enables registered users, who upload and make available their Content to other users, to receive instant feedback on the performance of their tracks, communicate with their listeners, and manage their Content anytime. In order for you to enagage with other SoundCloud listeners and creators, we enable you to create and personalize a public profile on SoundCloud. To enable you to do that, you must provide us with the information you want to display on such profile. In order to help you to navigate and discover content on the Platform that interests you, as a registered user you will also receive auto-generated personalized recommendations of other content that might appeal to you, based on your listening habits. When you register to use the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify SoundCloud in writing, and should change your password at the earliest possible opportunity. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or our Community Guidelines, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate your account at any time as described in the Termination section below. Your use of the Platform Subject to your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, SoundCloud grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”), and subject to the territorial availability of that feature and audio Content. In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, SoundCloud grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to: (i) submit, upload or post Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time; (ii) participate in the community areas and communicate with other members of the SoundCloud® community strictly in accordance with these Terms of Use and our Community Guidelines; and (iii) use Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time. The above licenses are conditional upon your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Platform, including, without limitation, the following: (i) You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content. (ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform at any and all times, except (i) where such Content is Your Content at any and all times during your use of the applicable Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader). (iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering. (iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content. (v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform. (vi) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content). (vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content. (viii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public: * any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in SoundCloud’s reasonable discretion; * any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or * any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in SoundCloud’s reasonable opinion; * any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or * any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation. (ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation. (x) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased. (xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person. (xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any SoundCloud employee. (xiii) You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person. (xiv) You must not sell or transfer, or offer to sell or transfer, any SoundCloud account to any third party without the prior written approval of SoundCloud. (xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping. (xvi) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by SoundCloud or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of SoundCloud’s servers, system or network or attempt to breach SoundCloud’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking SoundCloud’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of SoundCloud under these Terms of Use, SoundCloud reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that SoundCloud has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities. Your content Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by SoundCloud. SoundCloud does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of wheteher it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and SoundCloud shall have the right, but not the obligation, to use such feedback on an unrestricted basis. Grant of license By uploading or posting Your Content to the Platform, you initiate an automated process to transcode any audio Content and direct SoundCloud to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to the public of Your Content on the Platform and elsewhere using the Services. To the extent it is necessary in order for SoundCloud to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to SoundCloud on a limited, worldwide, non-exclusive, royalty-free and fully paid basis. By uploading Your Content to the Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services. You can limit and restrict the availability of certain of Your Content to other users of the Platform, and to users of Linked Services, at any time using the permissions tab in the track edit section for each sound you upload, subject to the provisions of the Disclaimer section below. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account. Removal of audio Content from your account will automatically result in the deletion of the relevant files from SoundCloud’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, SoundCloud is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content. Furthermore, if you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Platform who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader. Representations and warranties You hereby represent and warrant to SoundCloud as follows: (i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize SoundCloud to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Platform, any and all Services and any Linked Services. (ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information. (iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services. (iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation. (v) Your Content does not and will not create any liability on the part of SoundCloud, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. SoundCloud reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation. Liability for content You hereby acknowledge and agree that SoundCloud (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, SoundCloud excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto. You hereby acknowledge and agree that SoundCloud cannot and does not review the content created or uploaded by its users, and neither SoundCloud nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law. SoundCloud and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against SoundCloud or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders. Reporting infringements If you discover any content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages. If you would prefer to send us your own written notification, please make sure that you include the following information: * a statement that you have identified Content on SoundCloud® that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; * a description of the copyright work(s) that you claim have been infringed; * a description of the Content that you claim is infringing and the SoundCloud URL(s) where such Content can be located; * your full name, address and telephone number, a valid email address on which you can be contacted, and your SoundCloud® user name if you have one; * a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and * a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: * with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and * your electronic or physical signature (which may be a scanned copy). Your notice should be sent to us by email to copyright@soundcloud.com and/or by mail to the following address: SoundCloud Ltd Rheinsberger Str. 76/77 10115 Berlin Germany Attn: Copyright Team If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), your notice should be sent to SoundCloud’s designated copyright agent by email to copyrightagent@soundcloud.com and/or by mail to the following address: SoundCloud Ltd c/o Music Reports Inc 21122 Erwin Street Woodland Hills CA 91367 USA Attn: Copyright Agent Tel: +1 818 558 1400 Fax: +1 818 558 3484 The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at legal@soundcloud.com. In all other cases, if you discover Content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use, our Community Guidelines or applicable law, please report this to us at legal [at] soundcloud.com. Third party websites and services The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “External Services”). SoundCloud does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, SoundCloud does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by SoundCloud with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services. External services You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. SoundCloud disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against SoundCloud with respect to the content or operation of any External Services. Blocking and removal of content Notwithstanding the fact that SoundCloud has no legal obligation to monitor the content on the Platform, SoundCloud reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to SoundCloud. Please also note that individual Uploaders have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content and SoundCloud shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by SoundCloud or the relevant uploader. Repeat infringers SoundCloud will suspend or terminate your access to the Platform if SoundCloud determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use or our Community Guidelines. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by SoundCloud at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use or our Community Guidelines. Disclaimer THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. WHILST SOUNDCLOUD USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO SOUNDCLOUD’S ATTENTION, SOUNDCLOUD MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. SOUNDCLOUD DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOUNDCLOUD DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION. SOUNDCLOUD AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT. Limitation of Liability IN NO EVENT SHALL SOUNDCLOUD’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO SOUNDCLOUD DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. SOUNDCLOUD AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR: 1. ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT SOUNDCLOUD MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY SOUNDCLOUD OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE SOUNDCLOUD WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
 2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
 3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF SOUNDCLOUD BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND SOUNDCLOUD AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
 ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO SOUNDCLOUD AS SOON AS POSSIBLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SOUNDCLOUD AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND SOUNDCLOUD, AND THAT SOUNDCLOUD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF SOUNDCLOUD, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. Indemnification You hereby agree to indemnify, defend and hold harmless SoundCloud, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: (i) any violation by you of these Terms of Use or our Community Guidelines; (ii) any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content; (iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of SoundCloud. Data protection, privacy and cookies All personal data that you provide to us in connection with your use of the Platform is collected, stored, used, disclosed and otherwise processed by SoundCloud in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. Meetups SoundCloud has an active community of users, many of whom organize and attend face-to-face meetings at venues all over the world (“Meetups”). While SoundCloud is generally supportive of Meetups and may provide branded promotional materials to help organizers promote their Meetups, SoundCloud does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and SoundCloud does not bear any responsibility or liability for the actions of any SoundCloud users or any third parties who organize, attend or are otherwise involved in any Meetups. Competitions and other promotions From time to time, some SoundCloud® users may promote competitions, promotions, prize draws and other similar opportunities on the Platform (“Third Party Competitions”). SoundCloud is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence. If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms, which are available here. Use of SoundCloud players and widget The Platform includes access to customizable players (“Players”), and an embeddable version of the SoundCloud waveform player (“Widget”) for incorporation into users’ own sites, third party sites or social media profiles, whether or not a Linked Service. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader. You may not, without the prior written consent of SoundCloud, use the Players or the Widget in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of SoundCloud, use the Players or the Widget to embed Content into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre. You may not use the Players or Widget in any way that suggests that SoundCloud or any artist, audio creator or other third party endorses or supports your website, or your use of the Players or Widget. The foregoing shall apply whether such use is commercial or non-commercial. SoundCloud reserves the right to block your use of the Players and the Widget at any time and for any reason in its sole discretion. Subscriptions and gift codes Certain features of the Platform are only available to registered users who subscribe to a “Pro” or “Pro Unlimited” plan (together, “Pro Accounts”) or to SoundCloud Go (Pro Accounts and SoundCloud Go are each referred to as a "Subscrpition"). The purchase of Pro Accounts and gift codes related to Pro Accounts is subject to additional terms, which you will find here. In addition, the purchase of subscriptions for SoundCloud Go is subject to additional terms, which you will find here. The Pro Account Terms and the SoundCloud Go Terms include, amongst other things, terms relating to payment, the conclusion, renewal and cancellation of your Subscription, including your right of cancellation during the first 14 days of your Subscription, and certain technical usage limitations. The Pro Account Terms are applicable to Pro and Pro Unlimited Account users and the SoundCloud Go Terms are applicable to SoundCloud Go users in addition to these general Terms of Use when they purchase a Subscription. SoundCloud reserves the right to limit the availability of SoundCloud Go subscriptions to specific jurisdictions as may be determined by SoundCloud in its sole discretion from time to time. Changes to the Platform, accounts and pricing SoundCloud reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, SoundCloud shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that SoundCloud and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that SoundCloud may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. SoundCloud may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any Subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where SoundCloud proposes to make changes to any type of Subscription you have purchased, and these changes are material and to your disadvantage, SoundCloud will notify you of the proposed changes by sending a message to your SoundCloud® account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your Subscription. Termination You may terminate this Agreement at any time by sending notice in writing to SoundCloud at Rheinsberger Str. 76/77, 10115 Berlin, Germany confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the Platform. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription. SoundCloud may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are deemed to be a Repeat Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Use or our Community Guidelines, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of Licence , and Your Representations and Warranties; (iii) SoundCloud elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iv) in other reasonable circumstances as determined by SoundCloud at its discretion. If you have a Subscription and your account is suspended or terminated by SoundCloud pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of SoundCloud. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by SoundCloud, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as SoundCloud assumes no liability for any material that is irretrievably deleted following any termination of your account. SoundCloud is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active. If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those Sections entitled Your SoundCloud Account, Your Content, Grant of License , Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively. Assignment to third parties SoundCloud may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of SoundCloud. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of SoundCloud. Severability Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect. Entire agreement These Terms of Use, together with the Community Guidelines, constitute the entire agreement between you and SoundCloud with respect to your use of the Platform (other than any use of SoundCloud’s APIs which may also be subject to separate [API Terms of Use]), and supersede any prior agreement between you and SoundCloud. Any modifications to this Agreement must be made in writing. Third party rights These Terms of Use are not intended to give rights to anyone except you and SoundCloud. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section. Applicable law and jurisdiction Except where otherwise required by the mandatory law of the United States or any member state of the European Union (i) this Agreement is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and (ii) you hereby agree, and SoundCloud agrees, to submit to the exclusive jurisdiction of the courts in Berlin, Germany for resolution of any dispute, action or proceeding arising in connection with this Agreement. The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which SoundCloud seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by SoundCloud or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against SoundCloud, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use. Disclosures The services hereunder are offered by SoundCloud Limited, a company incorporated under the laws of England & Wales and with its main place of business at Rheinsberger Str. 76/77, 10115 Berlin, Germany. More information about SoundCloud is available here. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@soundcloud.com. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use. Last Amended: 25 May 2018 Link to prior versions You will find a link to prior versions of our Terms of Use below. * March 2016 SoundCloud Privacy Policy Welcome to SoundCloud, a service provided by SoundCloud Limited and its subsidiaries, including SoundCloud, Inc. Your privacy is important to us. This Privacy Policy explains how we collect, store, use, disclose and otherwise process your information when you use soundcloud.com and m.soundcloud.com (together, the “Website”), our mobile and desktop apps (the “Apps”) and all related sites, players, widgets, tools, apps, data, software, APIs and other services provided by SoundCloud (the “Services”). This Privacy Policy applies to any Website, App, or Service that refers to this Privacy Policy, i.e. by linking to it. This Privacy Policy explains the following, amongst other things: * Our Privacy Principles * The Information We Collect * How We Use Your Information * How We Share Your Information * Cookies and Similar Technology * Your Choices and Controls * Exercising Your EU Privacy Rights * Notice To California Users * Contact Information Information relating to our use of cookies and similar technologies is set out in our Cookie Policy, which forms part of the Privacy Policy. When we refer to the Privacy Policy, we are referring to the Privacy Policy and Cookie Policy. Please take some time to read this Privacy Policy, along with our Terms of Use, in order to ensure you understand and are comfortable with our use and disclosure of your personal information. If you see an undefined term in this Privacy Policy, it has the same meaning given to it in our Terms of Use. Please note that this Privacy Policy only applies to the Website, Apps and Services (together, the “Platform”). When using the Platform, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. SoundCloud is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your SoundCloud account or sharing any personal data. If you do not agree to any of the provisions of this Privacy Policy, you should not use the Platform. If you have any questions or concerns about this Privacy Policy, you can contact us through the Help Center or at dataprotection@soundcloud.com. Data Controllers When this policy mentions “SoundCloud,” “we,” “us,” or “our,” it refers to the SoundCloud entity that is responsible for your information under this Privacy Policy (the “Data Controller”). * If you are located in the United States, SoundCloud Inc. is the Data Controller of your personal data provided to, or collected by or for, or processed in connection with, our Platform;
 * If you are located outside the United States, SoundCloud Ltd. is the Data Controller of your personal data provided to, or collected by or for, or processed in connection with, our Platform;
 * We may share your data within our corporate group of companies that are related by common ownership or control (“SoundCloud Group”) and data of US users may be processed by SoundCloud Ltd. on SoundCloud Inc.’s behalf.
 Our Privacy Principles SoundCloud is committed to putting its users first and believes you should know what data we collect about you, why we collect it, and how we use and share it. That’s why we’ve designed this Privacy Policy to give you simple, clear, and actionable information about our privacy and data protection practices. We believe users should also have meaningful choices over the data we collect, use and share as described in this Privacy Policy, your Settings and the Help Center. We encourage you to take full advantage of these tools. Information We Collect The personal information we collect is related to providing the Platform and its features and falls into three general categories: * Information you provide to us * Information collected automatically * Information we obtain from third parties Information You Provide We ask for and collect the below personal information when you use the Platform. We process this information in light of our legitimate interest in improving the Platform and giving our users the best experience, and where it is necessary for the adequate performance of any contract between us and you, including but not limited to the Terms of Use. Without it, we may not be able to provide you with all the requested services and features of the Platform. You don’t need to register for a SoundCloud account in order to visit or use our Platform. However, certain Services require that you register for an account and, by doing so, you will need to provide us with certain information: * Account Information - When you register any kind of SoundCloud account, you will need to provide your email address (except when you sign-up with Facebook or Google and don’t give your permission to share it with SoundCloud), your age, and choose a password. In addition, if you purchase a Subscription, you will also need to provide your real name, billing address, and payment verification information.
 * Profile Information - you may choose, at your discretion, to provide additional information for your public profile on SoundCloud – for example: * your real name * a user name (which may be your real name or a pseudonym) * the city and country in which you live * a profile picture, profile header image or avatar * information about how you categorize yourself with respect to your content (for example, whether you are a musician, a label or some other category of creator) * details of your other websites and social media profiles, including links to those pages * your gender if you wish to provide it * any additional information you choose to provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. * Communications - When you communicate with SoundCloud by email or through the Platform, or use the Platform to communicate with other users, we collect information about your communication and any information you choose to provide.
 * Survey Information - If you participate in any survey, you may provide certain personal data as part of your response, unless you respond anonymously.
 * Information You Post - You may provide personal data when you upload Sounds to the Platform, or when you post comments, or contribute to community discussions.
 Information We Collect Automatically There is certain information that we collect automatically as the result of your use of the Platform, or through the use of cookies and other web analytics services as described in our Cookie Policy. This information generally includes: * Usage Information - We collect information about your interactions with the Platform, including the pages that you visit and links you click on, streaming, offline listening or downloading tracks, uploading or recording tracks, connecting your Facebook or Google account, sharing a Sound with another user, following or unfollowing another user, posting a comment, performing a search, the time, frequency and duration of your visits to the Platform, and whether you interact with email messages, for example, if you opened, clicked on, or forwarded the email message.
 * Log Data – We automatically collect log information when you use the Platform, even if you have not registered for an account or logged in. That information includes, among other things: details about how you’ve used the Platform (including links to third party sites or services), Internet Protocol (IP) address, access times, your browser type and operating system, device information, device event information (e.g., crashes, browser type), and the page you’ve viewed or engaged with before or after using the Platform.
 * Cookies – We use cookies and other similar technologies, such as pixels, local storage, and mobile device identifiers and may also allow our business partners to use these tracking technologies on the Platform, or engage others to track your behavior on our behalf. For more information on our use of these technologies, see our Cookie Policy.
 * Location Data – When you use certain features of the Platform, we may collect data about your general location (e.g. IP address). We use this data to provide you with location-based services (such as advertising and personalized content). Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings.
 * Device Information – We collect information from and about the devices you use, including how you interact with the Platform and information about the device itself, such as the hardware model, operating system, IP addresses, cookie information, device settings, mobile device and advertising identifiers, apps installed, browser type, language, battery level and time zone. Apple’s iOS Advertising Identifier (IDFA) and Google’s Android Advertising ID are examples of device identifiers. This information allows us to recognize and associate your activity, and provide personalized content and advertising, consistently across all of your devices.
 * Software Development Kits – We may use third parties including our business partners and service providers who use mobile SDKs to collect information and information related to how mobile devices interact with the Platform. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented. We may use this technology, for instance, to analyze how you interact with content and advertisements and to enable analytics or other features through mobile devices.
 * SoundCloud Widget – Other websites may integrate SoundCloud widgets; when you visit a website with a SoundCloud widget embedded, we may receive certain information, including information about the website you visited. SoundCloud and the widget may be able to recognize you in order to retrieve your library of content, and in some cases the widget may be used to show personalized content. We know when you interact with a widget, and websites containing the widgets may receive this information as well.
 Information From Third Parties * Single-Sign Ons – If you sign up for SoundCloud through a third party application like Facebook or Google, you authorize us to collect your authentication information, such as your username and encrypted access credentials, and other information available through the third party application account, including the following information: * Facebook – SoundCloud allows you to sign up and sign in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with SoundCloud. This includes your Facebook user ID, first name, last name, email address (optional), gender, locale, your time zone, birthday and profile picture. This information is collected by Facebook and is provided to SoundCloud under the terms of Facebook’s Privacy Policy. You can control the information that we receive from Facebook using the privacy and data settings in your Facebook account. If you signed up using Facebook by mistake, you can delete your account from the Account page within your Settings at any time, or you can contact us via the Help Center.
 * Google – You can sign up and log in to SoundCloud using your Google account. When you sign up using Google, Google will ask your permission to share certain information from your Google account with SoundCloud. This includes your Google email address, birthdate (optional), gender (optional), and avatar (optional). This information is collected by Google and is provided to us under the terms of Google’s Privacy Policy. You can regulate the information that we receive from Google using your Google activity controls. If you signed up using Google by mistake, you can delete your account from the Account page within your Settings at any time, or you can contact us via the Help Center.
 * Service Providers and Business Partners – We may also receive information about you from our service providers and business partners, including companies that assist with payment processing, analytics, advertising, marketing, data processing and management (e.g. to measure ad quality and responses to ads, and to display ads that are more likely to be relevant to you, including for SoundCloud products) account management, hosting, customer and technical support, content moderation, and other services which we use to personalize your SoundCloud experience. We explain in more detail why and how we use this information below.
 How We Use Your Information We use the personal information we collect from you, including with the help of automated systems and decision making, for a range of different business purposes according to different legal bases of processing and subject to the choices you make in your Settings. * Provide, Improve, and Develop the Platform * To operate and maintain your SoundCloud account, and to provide you with access to and use of the Platform. Your email address and password are used to identify you when you log into the Platform. Your device-IDs are used to ensure that you are in control of the devices that have access to your Subscription.
 * To identify you as the creator of the Sounds that you upload, the comments that you post and/or the other contributions that you make to the Platform.
 * To provide creators with stats and insights about users’ listening behavior of their Sounds, (i.e. streaming and downloading their Sounds or following their profiles).
 * We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new features, and conduct audits and troubleshooting activities.
 * If you purchase a Subscription, your name, address and payment verification information will be used to process your account subscription and renewals and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption. SoundCloud also complies with the Payment Card Industry Security Standards.
 * Your email will be used to send you service updates and notifications about your account.
 * To respond to you about any comment or enquiry you have submitted.
 * We use your age to enable age restrictions.
 * We process this information in light of our legitimate interest in improving the Platform and giving our users the best experience, and where it is necessary for the adequate performance of our contract with you (e.g. Terms of Use).
 * Maintain a Safe and Secure Environment * Detect and prevent fraud, spam, abuse, security incidents, and other suspicious activity.
 * Verify and authenticate your identity and prevent unauthorized or illegal activity.
 * Enhance the safety and security of our products and services.
 * Conduct security investigations and risk assessments.
 * To prevent or take action against activities that are, or may be, in breach of our Terms of Use, Community Guidelines or applicable law.
 * To provide you with customer and technical support.
 * We process this information in light of our legitimate interest in improving the Platform and giving our users the best experience, and where it is necessary for the adequate performance of our contract with you (e.g. Terms of Use).
 * Personalize Content, Advertising and Marketing * To improve your experience on the Platform by providing personalized content, recommendations, and features.
 * To customize the content and measure performance of any email, push notification, or in-app message we may send to you.
 * Administer sweepstakes, contests, or other promotional activities or events sponsored or managed by SoundCloud or its partners.
 * Use automated systems and decision making to profile user characteristics and infer preferences based on information that you provide to us, your interactions with the Platform and content, your profile information, and information obtained from third parties. This data is used to create groups of users, called segments, who share similar characteristics and interests; we use segments to serve personalized content, advertising, and marketing messages. We also use automated systems to associate your activity over time across devices, and may associate activity and accounts under a single user ID, in order to determine that certain devices are related to each other and provide you with a personalized experience across devices and platforms.
 * To deliver targeted marketing for SoundCloud products on and off the Platform and measure the success of those campaigns. When you see our ads on a third party website or apps, we or third party services we engage for this purpose, may collect information that your browser or mobile app makes available when seeing the ad (e.g IP address, referral URL, browser details, timestamp of request), including whether a click converted to an actual purchase of a Subscription. Please see the privacy policy of such third party websites to understand what data may be collected and how to opt-out.
 * Ads are more effective when they are shown to people who are likely to be interested in the product or service advertised. For this reason, we use the information we collect and receive to help us select which ads to show you on behalf of advertisers. This includes information you choose to provide to us (e.g. age and gender) and make available to us when you interact with the Platform (e.g. by listening, liking or creating playlists), as well as general location data. We may also display ads based on the page you’re on or content you have recently viewed, searched, or listened to. This allows us to show you ads that will likely be more relevant and interesting to you.
 * When we engage third party services such as ad-networks and exchanges that enable us showing you targeted ads, we may also allow them to collect certain information such as cookie data and device identifiers. That information is used to synch or match users to segments and serve targeted advertising, including based on device activity, inferred interests, and general location information.
 * Combine information we collect about you with information from business partners and use it to serve more relevant advertising.
 * We may use your data for other purposes, provided we disclose the purposes and use to you at the relevant time, and provided that you consent to the proposed use of your personal data.
 Sharing of Your Information This section describes how the information collected or generated through your use of the Platform may be shared by you or by us. * Through Your Profile – Any information in your public profile (other than your email address) will be accessible by other users of the Platform, who may view your profile information, listen to and comment on any of your public Sounds, add themselves to your list of followers, and send you messages. If you listen to any Sounds uploaded by a SoundCloud Pro user, the fact that you have listened to those Sounds will be shared with that Pro user, and that you are following that Pro user, so that they can track the popularity of their Sounds. Similarly, if you comment on any Sounds on the Platform, your comments will be available to all users of the Platform.
 * With Your Consent – We will disclose your information if you have agreed that we may do so. We will make this clear to you at the point at which we collect your information, including the purpose(s) for which we will use the data.
 * Service Providers – We use a variety of service providers, some of who may be located outside of the European Economic Area (“EEA”), to provide services to us or to our users on our behalf. These service providers have access to your information solely to perform these tasks on our behalf, and are contractually bound to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us. We need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
 * Content Partners – The Platform allows you to listen to a variety of audio content, including licensed streaming content from our commercial content partners. We share information with these content partners that license this content to us to help them understand how the content they provide is performing, including insights about general user listening trends and preferences. We use technical measures to ensure the data is de-identified and/or aggregated so it does not identify you directly. We share this data based on our legitimate interest in helping content partners deliver high performing content and to ensure the fulfillment of our contract with those partners.
 * Advertising – We share the data collected about you, generally in hashed, aggregated, or de-identified forms with advertisers and advertising service providers and business partners in order to serve ads based on your interests and measure the reach and effectiveness of those ads, including whether a user took an action (e.g. purchase a product). We may also share cookie data and device identifiers with service providers for data matching purposes, in order to improve ad targeting.
 * Social Media – For users outside of the EU/EEA, where permissible under applicable law, we may share your email address (in hashed form, so that it does not identify you) with Facebook in order to target you with ads for SoundCloud products on Facebook and on third party websites and applications in the Facebook Audience Network. We also allow Facebook and other social media platforms to collect information through cookies and similar technologies like pixels in order to serve ads for SoundCloud on those third party websites and apps and drive users to our Platform. In order to measure the effectiveness of and optimize these marketing campaigns, these technologies track activity taken across devices after a user sees a SoundCloud ad, in order to determine performance metrics like sign ups, visits to the Platform, and purchases. We undertake these activities based on our legitimate interest in acquiring new customers and offering products we think you may be interested in. Any questions regarding how these social media platform service provider processes your personal data should be directed to such third party platform.
 * Aggregated Data – We may also share aggregated information (information about our users that we render in such a way that it no longer identifies or references an individual user) and other pseudonymised information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
 * API Integrations – SoundCloud has an open application-programming interface (API), which enables application developers to integrate elements of the Platform into other apps. Some of these developers may be located outside of the EEA. Any information you choose to make public on the Platform, including your public profile information and any public Sounds, may be accessible to these developers, subject to our API Terms of Use. Please bear this in mind when deciding what information to publish on your profile. For information on how to limit the information that is available through the API, please see the Your Choices and Controls section below.
 * Third Party Applications – If you choose to connect your SoundCloud account to other apps or social networks such as Facebook and Google you may be sharing certain information with these apps or networks. Content that you share with Facebook will appear on your timeline and in your Facebook friends’ newsfeeds. In the case of connected apps, you will need to provide the app developer with full access to your SoundCloud® account in order to upload and download Sounds, or comment on, favorite, or repost Sounds from within the app. This means sharing your public information, plus access to your private Sounds. SoundCloud is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust. For information on how to control the information that you share, and how to disconnect your account from these apps, please see the Your Choices and Controls section below. If you do not want this information shared with Facebook or Google, please change your SoundCloud Settings on our Platform or in those networks.
 * Compliance with Laws – We may disclose your information to courts, law enforcement agencies, and governmental authorities (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against SoundCloud, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Use and other agreements with users, or (v) to protect the rights, property or personal safety of SoundCloud, its employees, and members of the public.
 * Protecting our Rights – We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors, officers, or shareholders, and/or to ensure the safety and security of the Platform and/or the SoundCloud community.
 * To Our Affiliates – We may share your personal information within the SoundCloud Group in order to provide the Platform and for any other purposes described in this Privacy Policy.
 * Change of Control – We may also share your personal data as part of a sale, merger or change in control of SoundCloud, or in preparation for any of these events. Any other entity that buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.
 Cookies and Similar Technology As further described in our Cookie Policy we use cookies and similar technologies (e.g., pixels, local storage, and device identifiers) to recognize you and/or your device(s) on and off the Platform, and across devices and devices. To the extent allowed by your settings or your device, we also allow third parties to use cookies as described in our Cookie Policy in order to track user behavior on and off the Platform in order to show you ads based on your interests and preferences. You can control cookies through your browser and other tools as described in the Cookie Policy. Information Security SoundCloud maintains appropriate technical, administrative, and physical safeguards that are designed to prevent unauthorized access, use or disclosure of personal information we collect or store and to ensure a level of security appropriate to the risk of varying likelihood and severity for the rights and freedoms of natural persons that may be involved with our processing operations. We regularly monitor our systems for possible vulnerabilities and attacks. However, it is not possible to guarantee the security of information transmitted over the Internet. You use the Platform and provide us with information at your own discretion and risk. International Data Transfers SoundCloud operates globally and may share your information internally within the SoundCloud Group, and third parties for the purposes described in this Privacy Policy. Information collected within the EEA may, for example, be transferred to countries outside of the EEA for the purposes as described in this Privacy Policy. We utilize appropriate safeguards such as Standard Contractual Clauses approved by the European Commission, or another legally approved mechanism, to ensure the lawful transfer of your personal data outside of the EEA. Children SoundCloud is not intended for use by children. Anyone under the age of 16 in the EEA, or 13 in the United States and the rest of the world, is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 16 or 13, as the case may be, or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 16 or 13, as applicable, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately at dataprotection@soundcloud.com. Your Choices and Controls We do our best to give you as much choice as possible regarding the amount of information you provide to us, and the control you have over that information. * Managing SoundCloud Settings. If you register an account, you may manage the content and information you share when you use SoundCloud through your account Settings, including for the features explained below. You are solely responsible for keeping your Settings up-to-date. * Email – You can adjust your Settings in the Notification tab to disable email and desktop notifications (other than important service updates and essential notifications about the Platform or your account). All commercial emails and newsletters also allow you to unsubscribe at any time.
 * Analytics – To control whether we collect analytics and usage information, including through cookies and similar technologies, you can adjust your Settings in the “Analytics” tab.
 * Marketing – If you do not want to receive personalized ads, offers or other marketing messages for SoundCloud products or services, you can adjust your Settings in the “Communications” tab.
 * Advertising – If you do not want SoundCloud to deliver “interest based” or personalized ads for third party products, you can adjust your Settings in the “Advertising” tab. Please note, however, that even if you opt out of personalized ads, you may still see ads, but they will likely not be as relevant or useful to you.
 * Content Sharing – It’s not possible to make your account entirely private. However, you do have the option to make all of your tracks, playlists and other uploads private. This means that no one will be able to access and listen to your Sounds without your explicit permission. You can learn more about these settings here.
 * Third Party Apps – If you have chosen to connect your account to a third-party application, like Facebook or Google, you can disable permission for the app by adjusting your Settings in the “Connections” tab.
 * Third Party Developers – SoundCloud has an open API, which allows third party developers to build some really cool apps as an extension of the Platform. If you would prefer that your Sounds are not made available to third party app developers, you can disable API access within the sound page for each of the Sounds that you upload. Click on the pencil icon in the waveform player, and uncheck the “Apps enabled” box at the bottom of the page. Please note that your public profile information will still be accessible, but this does not include anything that is not publicly available on the Website.
 * Deleting Your Account – If you have an account and would like to delete it, you may do so by adjusting you Settings in the Account tab. If you delete your account, all data associated with your account (except for backup copies), including the Sounds that you have uploaded and the usage data associated with those Sounds, will be deleted and may not be recoverable. We therefore advise you to copy or backup all content uploaded to your account before deletion. Even if you delete your SoundCloud account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines’ caching processes are outside of SoundCloud’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Platform. Please note that deleting any SoundCloud Apps, or any third party apps to which your SoundCloud account is connected, will not delete your SoundCloud account. Similarly, if you delete a third party app that is connected to your SoundCloud account over our API, this will not necessarily delete all data about your SoundCloud activity from within that third party app. You will need to refer to the app provider’s terms of use and privacy policy to find out how to delete data about your SoundCloud activity from that third party app.
 * Managing Device Settings * On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using our Apps, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. * Managing Browser Settings * To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. You can also manually delete previously stored cookies at any time. Please note that if you choose to block cookies, doing so may impair the Platform or prevent certain elements of it from functioning. * Additional Choices and Controls * For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. Exercising Your EU Privacy Rights If you are a user residing in the EU/EEA, you may exercise any of the rights described in this section through the Help Center or by contacting us at dataprotection@soundcloud.com. Please note that we may ask you to verify your identity before taking further action on your request. * Data Access and Portability * You may be entitled to request copies of your personal information held by us. While a lot of the personal information you provide to us can be accessed in your account Settings, you may also be entitled to request copies of personal information you have provided to us in machine-readable format. * Change or Correct Data * Where you cannot update data yourself through an account, you have the right to ask us to correct change, update or rectify your data. * Data Retention and Deletion * We generally retain data for as long as your account is in existence or as needed to provide the Platform. However, specific retention times can vary based on the context of the processing we perform and on our legal obligations.
 * You have the right to ask us to delete all or some of the personal data we hold about you. If you have an account, you can also delete your account through the Settings at any time as described below.
 * We may need to retain some of your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations, or where we have a legitimate interest in doing so (e.g. to prevent fraud and abuse and maintain and enhance security).
 * Objection to Processing * You may object to processing your personal information in some circumstances (in particular, where we don’t have to process the information to meet a contractual or other legal requirement, or where we are using the information for direct marketing).
 * If you object to such processing SoundCloud will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims or obligations.
 * Where your personal information is processed for direct marketing purposes, you may, under certain circumstances, ask SoundCloud to cease processing your data for these direct marketing purposes.
 * Restriction of Processing * Under certain circumstances, you may have the right to limit the ways in which we use your personal information. * Withdrawing Consent * Where you provide consent to the processing of your personal information by SoundCloud, you may withdraw your consent at any time by changing your account Settings or by sending a communication to SoundCloud specifying the specific consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. * Lodging Complaints * You have the right to lodge complaints about the data processing activities carried out by SoundCloud before a competent data protection authority. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080. Notice To California Users Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following details regarding the categories of personal information about California residents we have collected or disclosed within the preceding 12 months. We collected, including through service providers, and disclosed the following categories of personal information: * Identifiers, such as your name, email address, birthday, profile name, as well as IP addresses, device IDs, mobile advertising IDs, anonymous SoundCloud user IDs, and other similar identifiers;
 * Payment and financial information you provide when you purchase a Subscription or use certain features of the Platform;
 * Characteristics about you like any gender information you choose to provide when you register an account on the Platform;
 * Commercial information, such as Subscription and other purchase or transaction information related to your use of the Platform;
 * Internet or other network activity information, including browsing and search history and other information about your use of the Platform, as well as information about how you interact with ads for SoundCloud off the Platform;
 * Geolocation data derived from IP addresses;
 * Audio, visual, and other electronic information, such as sound recordings, images, and comments;
 * Education information to verify your student status if you purchase a Go+ for Students Subscription; and
 * Inferences drawn from any of the personal information above to create a profile or segment about you so we can provide you with personalized content and advertising.
 We disclosed the categories of personal information above, including to our service providers and affiliates, for a range of operational business purposes, including: * To operate and maintain the Platform and your account;
 * To market and sell our products and services;
 * To provide personalized content and ads;
 * To perform research and development;
 * To perform data and business analytics;
 * To detect and prevent fraud or abuse;
 * To perform identity verification;
 * To process Subscription payments;
 * To process user inquiries and requests;
 * To perform security and other risk testing;
 * To undertake quality assurance measures;
 * To maintain our systems and infrastructure;
 * To comply with law or exercise or defend legal claims;
 * To perform accounting, audits and other internal functions; and
 * To otherwise operate our business and achieve our business objectives
 For purposes of CCPA, the disclosure of personal information to our advertising partners to provide you with personalized ads may constitute a “sale” in some instances. The personal information disclosed is limited to the following: * IP address and device ID
 * Age and gender you provide
 * General location information
 * Inferred music preferences based on your use of the Platform
 We do not otherwise “sell” personal information. Exercising Your California Privacy Rights CCPA and other California law provides California residents with the additional rights listed below. You may exercise any of the rights described in this section through the Help Center or by contacting us at dataprotection@soundcloud.com. Please note that we may ask you to verify your identity before taking further action on your request. * Right to Access: You have the right to know and access what data we have collected about you over the past 12 months, including: * The categories of personal information we’ve collected about you;
 * The categories of sources from which the personal information is collected;
 * The business or commercial purpose for collecting your personal information;
 * The categories of personal information about you which we shared and/or sold;
 * The categories of third parties we have shared or sold personal information to; and
 * The specific pieces of personal information we have collected about you.
 * Right to Delete: You have the right to request that we delete personal information we have collected from you (and direct our service providers to do the same). In some instances, however, we may decline to honor your request where an exception applies.
 * Right to Opt Out: You have the right to opt-out of any future “sale” of personal information about you by clicking here or by adjusting your Settings in the “Advertising” tab.
 * Other Rights: You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
 Contact Information If you have questions or complaints about this Privacy Policy or our practices, please contact our Data Protection Officer by email at dataprotection@soundcloud.com or write to us at SoundCloud Limited, Rheinsberger Str. 76/77 10115 Berlin, Germany Attention: Data Protection Officer. Changes to this Privacy Policy We may update this Privacy Policy from time to time in our sole discretion. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Platform and update the “Last Amended” date below. Please be sure to periodically check this page to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy will be communicated to registered users by a notification to their account and/or by posting a notice of the change on the Website. Your continued access to or use of the Platform after the effective date of such changes will be subject to the revised Privacy Policy. Last Amended: 18 December 2019 SoundCloud Cookie Policy This Cookie Policy forms part of our Privacy Policy and should be read together with our Terms of Use. Like most companies, when you visit or interact with the Platform, we and our service providers may use cookies and other tracking technologies for storing information, including pixels (also known as a “web beacon” or “clear GIFs”), local storage, and device indetifiers, to help provide, protect and improve the Platform. For example, to save your preferences, personalize content, target ads based on your interests, combat fraud and abuse, and streamline the functioning of and your access to the Platform. This policy explains how and why we use these technologies and the choices you have. We use “cookies” and “similar technologies” interchangeably to refer to all of these technologies. What Are Cookies? Cookies are small text files placed on your computer, phone, or other device when you visit websites and are used to record information about your activity, including the pages you view, the content you listen to, ads you click on, your settings, and other actions you take on the Platform. Cookies can be “persistent” or “session” cookies. Persistent cookies stay on your device for a set period of time or until you delete them, while session cookies are deleted once you close your web browser. Similar Technologies We use other data collecting technologies with similar functionality as cookies, including pixels, local storage, and device identifiers. While the specific names and types of cookies we use may change from time to time as we improve and update the Platform, we have provided some basic definitions in order to help you better understand this policy. * Pixels – A pixel is a small amount of code on a web page or in an email notification that typically work in conjunction with cookies to identify our users and record user behavior. As many services do, we use pixels to learn whether you’ve interacted with certain web or email content. This helps us measure and improve our services and personalize your experience.
 * Local Storage – Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage, including HTML5, to customize what we show you based on your content consumption and other past interactions with the Platform.
 * Device Identifiers – We also use mobile device and advertsing identifiers for the same purposes articulated in this policy, for example to recognise your device when you return to the Platform or otherwise use the Platform.
 * Software Development Kits – We may use third parties including our service providers and business partners who use mobile SDKs to collect information to recognize your device when you return to the Platform. We may use this technology, for instance, to analyze how you interact with the Platform, including content and advertisements, and to enable analytics or other features through mobile devices.
 How We Use Cookies While we use cookies to deliver, measure, and improve the Platform in various ways, the cookies we use generally fall into one of the following categories: * Operational – These cookies are necessary to allow us to operate the Platform as you have requested. For example, they let us authenticate your account and recognize what type of subscriber you are, so we can provide you with the Platform accordingly.
 * Security/Abuse – These cookies enable and support our security features, and help us detect malicious or unauthorized activity. We also use cookies to combat fraud and other activity that violates our policies or otherwise degrades our ability to provide the Platform. Cookies also help us fight spam and phishing attacks by enabling us to identify computers or devices that are used to create large numbers of fake SoundCloud accounts.
 * Functional/Preferences – These cookies let us operate certain functions of the Platform in line with the choices you make. These cookies enables us to remember you in-between visits. For example, when you continue to use or come back to the Platform, we will recognize your user name and remember your settings and content preferences. Deletion of these types of cookies will result in limited functionality of the Platform.
 * Performance/Analytics – We use these cookies to monitor and assess how the Platform is performing and where it can be improved. For example, we use these cookies to test different versions of our Platform to learn which features or content users prefer. We also use these cookies to analyse how people access and use our Platform. For instance, we may obtain information about your device and how users engage with the Platform or from email newsletters, including whether you opened or forwarded a newsletter or clicked on any of its content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information you find interesting.
 * Personalization/Advertising – These cookies use information about your use of the Platform, such as the pages you visit, the content you listen to, or your response to ads and emails, so we can reccomend content and deliver ads that are more relevant and interesting to you based on criteria like your profile and activity on SoundCloud. We may also use these cookies to improve reporting on campaign performance, determine how many times people who click on their ads end up taking an action (such as purchasing products), and avoid repeteadly showing ads the user has already seen.
 * SoundCloud Marketing – We also work with third party business partners, such as Google and Facebook to track user activity and market the Platform by showing you personazlied ads for SoundCloud products and services on the Platform and third party websites and applications. We also use cookies to prevent subscribers from seeing ads for any SoundCloud products they have already purchased.
 Third Party Cookies We allow certain service providers to place cookies and similar technologies on the Platform for the same purposes listed above, including collecting information about your online activities over time and across different websites and devices in order to provide you with more relevant advertising. For instance, to help us better understand how people engage with the Platform, we work with third party analytics partners, including Google Analytics. To opt out of Google Analytics, you may install the Google Analytics Opt-Out Browser here. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. You may also encounter cookies and tracking technologies from our third-party marketing service providers, including (1) Facebook to provide advertising services through Facebook’s advertising and marketing platforms (e.g., Audience Network, Custom Audiences, and Faceook Pixel) and other social networks, and (2) Google to provide advertising services through Google’s advertising and marketing platforms (e.g., DoubleClick for Publishers, Google AdX, and Adwords). Please refer to the Privacy Policy for how to opt out of cookies from these service providers. Additionally, we may work with advertising networks and programmatic exchanges to allow us to serve you ads. These third-party ad networks and exchange providers may use third-party cookies, pixels, or similar technologies to collect information, including your device identifier, IP address, or identifier for advertising. The information these third parties collect may be used to help us in providing you with more relevant advertising that we serve on or off the Platform, and as described above. Third-party cookies are covered by the third parties’ privacy policy. Your Choices and Controls SoundCloud is committed to offering you meaningful privacy choices. You have a number of options to control or limit how we, our partners, and other third parties use cookies. However, note that cookies are important to many aspects for the Platform – if you disable cookies, you may not be able to enjoy all of the features of the Platform. To the extent you opt out of personalized advertising using the mechanisms below, you may still receive advertisements when using the Platform, but they will not be tailored to your interests. Browser Settings To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. You can also manually delete previously stored cookies at any time. Please note that if you choose to block cookies, doing so may impair the Platform or prevent certain elements of it from functioning. Device Settings On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using our Apps, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well. SoundCloud Settings If you have a SoundCloud account, you can adjust the following settings to reflect your choices: * To control whether we collect certain kinds of analytics and usage information through cookies and similar technologies, you can adjust your settings in the “Analytics” tab. * If you do not want SoundCloud to deliver “interest based” or personalized ads for third party products, you can adjust your settings in the “Advertising” tab. * If you do not want to receive personalized ads or offers for SoundCloud products or service, including off of the Platform, you can adjust your settings in the “Communications” tab. Additional Controls For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. “Do Not Track Signals” Your browser settings may allow you to automatically transmit a “Do Not Track” signal. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we are not configured to respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take. Contact Us If you have any questions about our use of cookies, please contact us through the Help Center or at dataprotection@soundcloud.com. Last amended: 25 May 2018 UQ Academic Results Terms of Use Records will only be issued if payment has been made. Applications take a minimum of 3 working days to process. At times of peak demand, delays may be expected. Payment is required within 14 days from the invoice date. For records to be collected by a third party, the applicant must provide written authorisation. Applicants and authorised third parties must provide photographic identification at the time of collection. Statements will not be released if you have outstanding fees, fines, or charges. UQ Academic Results Privacy Policy The University of Queensland Privacy Policy is located at: https://www.uq.edu.au/privacy. The information provided by you to the University will be dealt with only in accordance with that policy. Use Policy The University of Queensland may use the information supplied by you as a student (before and after graduation) or as a University client for purposes which include: updating the University's records; keeping you informed concerning relevant functions, events and activities; and provide you with information relating to the University's teaching and research. My eQuals Terms of Use Higher Ed Services Pty Ltd (HES) is the manager of My eQuals, a website which enables students and graduates to request and obtain digital copies of academic transcripts, degree certificates, AHEGS and other official documents (Student Documents) issued by My eQuals-enabled education providers. These Terms of Use govern your use of this Website and all information on it. Liability To the extent permitted by law, HES will in no way be liable to you or anyone else for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Website or websites of other entities which are hyperlinked from this Website (Linked Website). The information contained in this Website is provided by us in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website or that this Website will be uninterrupted or error free. You must make your own assessment of it and rely on it wholly at your own risk. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time, change or add to this Website without notice. However, we do not undertake to keep this Website updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date. To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website (including requesting and/or obtaining Student Documents) is not illegal or prohibited by laws which apply to you or in your location. Password We may issue you with a username and password to enable you to access particular features on this Website. If we do, you must keep those details confidential (and you are responsible for their misuse if you don’t). Intellectual property This Website is our intellectual property and all rights are reserved. Subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth), you may not, in any form or by any means: adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or commercialise any information, products or services obtained from any part of this Website, without our written permission. Trademarks All trade names, trademarks, service marks and other product and service names and logos (Marks) displayed on this Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. These Marks may be registered or unregistered marks of HES or others. Nothing contained on the Website should be construed as granting any licence or right of use of any Mark without first obtaining express permission. You must not use any of our Marks: in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; and in a manner that disparages us or our information, products or services (including this Website). Linked Websites This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. Links to those Linked Websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those Linked Websites. Your use of any link to a Linked Website is entirely at your own risk. Applicable Laws These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Website. Privacy These Terms of Use incorporate and should be read together with, the privacy policy. Updates From time to time, we may change these Terms of Use. Any changes will be published on our website. It is your responsibility to check the website from time to time in order to determine whether there have been any changes. eQuals (Higher Ed Services) Privacy Policy Higher Ed Services Pty Ltd (HES) is the manager of My eQuals, a website which enables students and graduates to request and obtain digital copies of academic transcripts, degree certificates, AHEGS (Australian Higher Education Graduation Statement) and other official documents (Student Documents) issued by My eQuals-enabled education providers (Participants). This Privacy Policy describes how HES collects and handles personal information. In this Privacy Policy: “we”, “us” and “our” are a reference to HES; and “personal information” means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion. Applicable law We are bound in our handling of personal information in Australia by the Privacy Act 1988 (Commonwealth of Australia) and in New Zealand by the Privacy Act 1993 (New Zealand). Collection Overview We collect all personal information that is entered by any person filling in forms on our website or using or helping us to deliver the services available through our site. We only collect personal information to the extent that this is reasonably necessary for one or more of our functions or activities or is otherwise required or authorised by law. Unless unreasonable or impracticable, we endeavour to collect personal information directly from the individual to whom it relates. Where the personal information is provided indirectly (for example, by an agent, employer, employee or contractor of the individual) we will assume that consent has been given by the individual to the collection of their personal information by us. If you make a complaint or enquiry regarding your experience with us, we may collect additional personal information (including but not limited to your phone number or address) so that we can respond to it. You may also provide further personal information when you choose to participate in one of our surveys. In relation to requests for Student Documents The kinds of personal information we usually collect from students and graduates requesting Student Documents include: name email address university student identifier The personal information contained in Student Documents (and therefore handled by us) varies at each University. We do not retain a copy of a Student Document after we have fulfilled a request. When you request a Student Document, we also send a copy of the requested Student Document to your University’s digital repository. Collection and handling of Student Documents by Participants is governed by their respective Privacy Policies. You can request Student Documents for any chosen third parties. Where a Student Document is requested for a third party, it is transferred by us to you with a link for the intended third party to access it. We retain audit logs of all transactions including where access to Student Documents has been made by a third party. We may collect a range of data relating to your visits to our website including, but not limited to, your IP address, operating system and browser type, location data, weblogs and other communication data. This data is collected for intrusion detection and may be supplied to law enforcement agencies in the case of malicious activity. Uses and disclosures We primarily use and disclose personal information to facilitate the operation of the My eQuals website and services; for example, to receive and fulfil requests for Student Documents, to facilitate the flow of Student Documents, to respond to queries and complaints and for a range of related processes which support these services such as dealing with contractors, carrying our contractual obligations and notifying you about changes to our service. Cookie Policy Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our site and allows us to improve our site. You can block cookies by activating a setting on your browser that allows you to refuse the setting of all or some cookies, however, if you block all cookies you may not be able to use the full functionality of our website. Offshoring of personal information The personal information that we hold about you is stored in Australia or New Zealand. It is possible that we, or our contractors, may in future use cloud technology to support our service offering and this may result in offshore storage of personal information. Please monitor our Privacy Policy as any changes to the location of the storage of personal information will be specified in this document. You may also make your personal information (including Student Documents) available to your chosen third parties in other countries. Any access by you or others to your personal information in a foreign country should be done carefully and with regard to the security limitations of the network that you are using. Data Security We will take reasonable steps to protect the personal information which we hold from misuse or loss and from unauthorised access, modification or disclosure. You should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you transmit to us over the Internet and you do so at your own risk. Access, Correction and Further Information We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete. We will provide you with access to your personal information held by us unless we are permitted under the relevant Privacy Act to refuse to provide you with such access. If you wish to access or correct personal information that we hold about you, please contact your issuing education provider. Details can be found here. Complaints If you wish to make a complaint about how your personal information has been handled by us, please direct your complaint to us via our contact page. If your complaint is not satisfactorily resolved by us, you are entitled by law to lodge a complaint with your relevant privacy regulator in Australia or New Zealand. Updates From time to time, we may change this Privacy Policy. Any changes will be published on our website. It is your responsibility to check the website from time to time in order to determine whether there have been any changes. Equifax Terms of Supply Equifax Australasia WorkforceSolutions PtyLtdABN 86 080 799 720(trading as Equifax HR Solutions)Terms of Supply(Australia & New Zealand)Effective 12August20201.Introduction1.1This agreement applies when we, Equifax Australasia Workforce SolutionsPty Limited ABN 86 080 799 720 (“Equifax”) supply any of our standard information services (our “information services") to you, our customer. Additional terms willalso apply to the various types ofinformation services we supply –thoseadditional terms are set out in aStatement of Works (“SOW”) for the relevant information services. Where other specific contractual arrangements have been executed and are in place between you and us, this agreementapplies onlyto the extent not inconsistent with those contractual arrangements.1.2Our information servicesincludeverification, scoring and consulting services(including access through an Affiliate to independent consumer and commercial credit reporting services); our HR platform management systems for workforce management across the employment cycle; andany of our other workforce data management services.Thoseinformation servicesare more particularly described in andgoverned by one or more of the following SOWs:•fit2work®(including Verifylegacy services) atwww.equifax.com.au/hrsolutions/pdf/fit2worksow.pdf•Equifax HR Platform(including former eRecruitHR products)at www.equifax.com.au/hrsolutions/pdf/ehrpsow.pdf•eCredentialingat www.equifax.com.au/hrsolutions/pdf/ecredential-sow.pdf•Verification Exchange®at www.equifax.com.au/hrsolutions/pdf/vesow.pdf1.3Each SOW is accessible electronically by clicking on the relevant hyperlink embodied inthese terms and conditions.The relevant SOW will apply to any service you use (as may also be identified in your Onboarding Form or by a Fee Schedule agreed with us).This agreement, without any SOW, does not commit any party to any business transaction or to any future SOW.1.4In this agreement, unless the context otherwise requires:(a)the “Privacy Law”is a referenceto the Privacy Act(1988)(Cth) in Australia and to the Privacy Act 1993(NZ)and includes instruments and codes made under thatAct, and terms used in this agreement that are defined by aPrivacy Law for that jurisdiction have their defined meaning; (b)a reference to a schedule, exhibit or appendix is to a schedule, exhibit or appendix to this agreement; and(c)terms defined by schedule 1 have that meaning where used in this agreement.1.5No modification, amendment or replacement of these general termsor a SOW, or any other document contemplated by either of them,is effected by or results from the receipt, acceptance, signing or other acknowledgement by usof any purchase order, confirmation, invoice, shipping document or other business form issued by or on behalf of youin response to or in connection with the provision of our information services(irrespective of what may be stated in such document). If any terms are proposed by you, those terms are deemed void and of no effect and we aredeemed, by delivering our information services, to have made a counter-offer to provide those to yousubject only to this agreement. By accepting delivery of our information services, youaccept that counter-offer. 1.6If there is any inconsistency between these general terms and a SOW (including any Work Order createdfor purposes of a SOW, or a schedule, or any attachment, to either of those), the following shall prevail (in descending order) to the extent of that inconsistency and unless stated in the SOW or a Work Order to the contrary: (a)our Privacy Statement, accessible electronically at www.equifax.com.au/hrsolutions/pdf/privacy.pdf;(b)the Work Order;(c)the SOWand its schedules or attachments,such as a Fee Schedule (if any)or Collection Statement;(d)thesegeneral terms;and (e)any Onboarding Form or other document or attachment relating to thesegeneral terms.1.7Our information services are always evolving.We may amend a SOW from time to time to reflect a variation in or clarification of an information service. If the changeis likely to have a material detrimental impact on you, the changetakes effect 10 business days after we give you notice of the variation; in any other case, the variation has immediate effect.The variationwill not affect any order for information accepted from youprior to the variation. Notice may be given to you by update to the relevant SOWas identified in clause 1.2.2.Supply of our information services2.1We will supply our information services to you after we accept your request for that service under a SOW. We may sub-contract all or part of the information services on terms consistent with all materialterms of this agreement or the applicable SOW.2.2In providing our information services to you, we act as your agent under a limited agency solely for purposes of providing theservicesin accordance with this agreement.In doing so, our arrangements are of an arm’s-length, 1commercial nature and we assume no fiduciary obligations to you other than to discharge our obligations in accordance with this agreement and for the proper purpose for which that agency isconferred. In all other respects:(a)we are entitled to act in our ownseveralinterests including, without limitation, to supply information services to third parties whose interests mayconflict with yours and to retain any commission received from third parties arising from a secondary use of informationobtained in the course of providing aservice to you; and(b) the parties are independent contractors and nothing in this agreement creates a joint venture, partnership, employment or other fiduciary relationship between the parties.Unless otherwise provided by a SOW, you will retain effective control in accordance with this agreement over any personal information, including prospective and actual employee record information,that you contribute for purposes of theinformation services.2.3Where we supply our information services to you online, the services are supplied over communication links and other networks, and the availability of the services rely on the availability of those links and networks. While we will do our best to make sure the online information services are available, we are not responsible if the links or networks are unavailable at any time and we do not guarantee that services supplied online will be continuously available.2.4We expect to provide you with standard levels of support as summarised in schedule 2. If we havealso given you a timetable or time estimate for providing any otherinformation service, we will use reasonable endeavours to meet that timetable or time estimate. We will let you know if we require you to take any action to assistustomeetthattimetableortimeestimateandmayseek further agreementfromyoubeforeanyactionisundertaken.2.5Wewill provide the information services where we arereasonably able to do so. Youacknowledge and agree that wemay, at ouroption and by notice to you, suspend provision of all or part of the information services or terminate(in whole or in part)this agreement or arelevant SOWif:(a)the requirements of any law render (or are likely to render) the provision of the information services contrary to that or any other law; (b)any change in data access terms, regulatory policy or the expressedview of a regulator renders (or is likely to render) the provision of the information services contrary to apreviously established regulatory positionor the terms of this agreement; (c)a third party enjoins (or threatens to enjoin) our use of anyrelevantIntellectual Property Rights; or(d)a third-partysupplier ceases to supply, or changes the terms on which it supplies, the necessary component services or data such that it is impracticable, or unreasonably onerous, for us to continue supplying the relevant information service.2.6Where wedetermine, acting reasonably, that wecannot continue to provide one or more of the information services under this agreement or the relevantSOW, wemay cease to provide that information service without any further obligationor liabilityaccruing to us.2.7Where you are resident in New Zealand, we have appointed Equifax New Zealand Information Services and Solutions Limited (company number 371729) as our agent to provide the relevant information services to you that may be madeavailable in that jurisdiction. Not all information services are available in both Australia and New Zealand.3.Term, termination andsuspension3.1This agreement begins when we accept your request for an information service and ends when the parties have fulfilled their obligations under it, if not terminated earlier in accordance with clause 3.3. EachSOW will normally provide for the duration of your obligation to purchase and our obligation to provide arelevant information service to be stated or otherwise specified by a Work Order,Fee Scheduleor other document. 3.2Where a duration is not identified and any of the information services can continue or repeat indefinitely, then either partymay end those obligations on 30 days’ notice to the other, unless the SOW states to the contrary. Where the information service is provided under a period subscription, thatsubscription automatically renews annually each year for anotheryear (or forthatlonger or shorter period as expressly agreed, as the case may be), unless and until either of us terminates it at any time on 30days’written notice to the other.3.3In addition to our rights of suspension,cessationand termination under clause 2, we may withhold, suspend or terminate any of our information services to you immediately:(a)ifyoudonotpayourfeesandchargesforanyinformation servicewhen due,orbreachclause4;(b)if we reasonably believe you are not complying with any of your other obligations under this agreement or any other agreement you have with an Affiliate of ours, and this non-compliance is not capable of remedy or, if it is capable ofremedy,itisnotrectifiedwithin14daysafterwehavenotifiedyouofthenon-compliance;or(c)if we reasonably believe that you are not complying with your legal obligations in respect of the information that we supplyyou.3.4If you are a Small Business, you may terminate this agreementwithout penaltyimmediately by notice to us ifwe vary:(a)a SOW asprovided by clause 1.7;or (b)our fees and charges (other than by an amount equal to the increase in any tax, fee, levy, government charge or regulatory or legislative cost or statutory fee, or a third party’s data supplier fee comprised in the price for the relevant information service) as provided by clause 7.5, and you do not wish to acceptthat variation.3.5Ifthisagreementisterminatedor expires,that will not affect: (a)the rights of the parties which may have accrued before the termination or expiry date; or(b)the terms of this agreement or any SOW which by their nature survive termination or expiry, which includes clauses3, 4.3, 4.5, 4.11, 8, 9, 10 and 11. 1(i)this is necessary to comply with Law or because of a change of Law, or any other event outside of our reasonable control; or(ii)to effect administrative or other non-material changes (such as name changes, filepath updates, or other corrections); and(b)for anyreason upon provision to you of not less than 30days’ notice.13.2Other than as provided byclause 1.7 in respect of a SOWor clause 7.5 in respect of fees and charges, we may vary the terms and conditions of this agreement at any time:(a)upon provision to you of notice where this is necessary to comply with Law or because of a change of Law; and(b)for any other reason upon provision of not less than 30days’ notice to you.13.3Neither of us is liable for a failure or delay in performing an obligation under this agreement to the extent the failureor delay is because of an event beyond our reasonable control. If either of us is affected in this way, each of us will use our reasonable endeavours to minimise delays or interruptions.13.4Wherewehaveusedtheword"includes"or"including"or"forexample",thesewordsdonothavealimitingeffect.13.5Where we have referred to any legislation or a provision of any legislation, it includes that legislation or provision as from time to time re-enactedor otherwise amended.13.6We will send invoicesand notices to either the last postal address, fax number or email address you have given to us. You must tell us if you change any contact details.13.7You agree you will not transfer your rights or obligations under this agreement to any other person without first getting our written consent. We will not unreasonably withhold our consent.We may transferourrights and obligations under thisagreement to an Affiliate without your consent, where that will not give rise to any tax liability or otherwise have a material adverse impact foryou.13.8No delay or failure to exercise a right under this agreement prevents the exercise of that or any other right on that or any otheroccasion.13.9All notices to us must be in writing (including electronic form) and sent to the address, email or fax number for notices specified in the relevant SOW (or, if we have separately notified a different address, email or fax number to you, to that other address, email or fax number). If no address, email or fax number is otherwise specified, notices are to be directed to General Manager, Equifax Online Services atL15, 100 Arthur Street, North Sydney NSW 2060or,if the notice relates to a Privacy Lawmatter, to the Equifax Privacy Officer at L15, 100 Arthur Street, North Sydney NSW 2060,orfor fit2work privacy notices email support@fit2work.com.auor for verification exchange notices emailsupport.au.ve@equifax.com13.10If any term of this agreement is unlawful and unenforceable, it will be severed from this agreement and the rest of this agreement remains in force.13.11This agreement supersedes any other agreement you may have with us or an Affiliate for theinformation services unless we agree otherwise inwriting.13.12In Australia, these terms (including the terms in any SOW) are governed by the law of New South Wales, and the parties submit to thenon-exclusivejurisdiction of the courts of New South Wales and any courts hearing appeals therefrom. In New Zealand, these terms are governed by the law of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. 1Schedule 1–Dictionary (a)“ADC” means the Australian Disputes Centre LimitedABN 87003042840;(b)“Affiliate” means, as relevant,a related body corporate as defined by section 50 of the Corporations Act 2001(Cth), a related company as defined bysection 2(3) of the Companies Act 1993(NZ), or, with respect to an unincorporated business, non-profit or governmental entity, means any other business, non-profit or governmental entity that controls, is controlled by, or is under common control with the first entity;(c)“Applicant” means an individual consumer the subjectof anyinformation servicerequested by you;(d)“AustralianConsumerLaw”meansSchedule2oftheCompetitionandConsumerAct2010(Cth);(e)“Australian link” has the meaning given to that term in the PrivacyAct1988(Cth);(f)“CGA (NZ)” means Consumer Guarantees Act 1993(NZ);(g)“Collection Statement” means a notification of the collection of personal information for purposes of Australian Privacy Principle 5in accordance with the Privacy Act1988(Cth)and Information Privacy Principle 3 inaccordance with the Privacy Act 1993(NZ);(h)“Confidential Information” means all confidential, non-public or proprietary information, regardless of how thatinformation is stored or delivered, exchanged between the parties and relating to ourbusiness, Technology or other affairs and includes any pricing arrangements or discounts discussed or agreed by the parties or information which is otherwise obtained by youand which is by its nature confidential or that youknow (or ought to know) is confidential, but does not include information that is: (i)in or enters the public domain through no fault of youor any of yourPersonnel; (ii) received by youfrom a thirdparty who had a legal right to provide it; or (iii) was developed by youindependently of us or any of ourPersonnel;(i)“Consumer Law” means, as relevant, (i) the Australian Consumer Law,or (ii) the CGA (NZ) and/or the FTA (NZ); (j)“Data Breach” means any unauthorised access to, disclosure of, or loss of, any personal informationprovided or generated in connection with our information services;(k)“Default Information Guide” means any standard publication or guidance issued by us, or generated by us in accordance with the requirements of a Work Order, for use of any of our information services;(l)“Dispute Notice” has the meaning set out in clause 12.2;(m)“Fee Schedule” means a fee proposal by us for specified information services for a set periodand as accepted by you, as may be evidenced by an exchangeof emails, xls spreadsheet or other documentation;(n)“FTA (NZ)” means the FairTrading Act 1986(NZ);(o)"GST" means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or the Goods and Services Tax under the Goods and Services Tax Act 1985(NZ), as applicable to our fees and charges;(p)“Intellectual Property Rights”means copyright and neighbouring rights (including moral rights), all rights in relation to inventions (including patents), registered and unregistered trade-marks, business names, domain names, registered and unregistered designs, circuit layouts,confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;(q)“Law”means:(i)any statute, regulation, by-law, ordinance, subordinate legislation or legislative instrument in force from time to time to which a party to this agreement is subject;(ii)the common law and the law of equity as applicable to the parties from time to time;(iii)any binding court or tribunal order, judgement or decree;(iv)any applicable industry code, policy or standard enforceable by law; and(v)any applicable determination, direction, policy, rule or order that is binding on a party and that is made or given by any regulatory or quasi-regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;(r)“Merchant Fee” means ourbusiness’ cost of acceptance as advised by the provider of ourmerchant payment facilities, consistent (in Australia) with the Competition and Consumer Amendment (Payment Surcharges) Act 2016(Cth); (s)“personal information” has the meaning given to that term in the Privacy Law;(t)“Personnel” means an individual in theircapacity as the employee, director, officer, agent or contractor to a party or their Affiliate(as relevant);(u)“Privacy Law” has the meaning given in clause 1.4(a);(v)“Small Business” means that youare a businessthat employs fewer than twenty (20) persons, including casual employees employed on a regular and systematic basis;and(w)“Technology” means any of our software, websites, specifications or other technology developed by or for us at any time. Fit2Work Statement of Work Equifax Australasia WorkforceSolutions PtyLtdABN 86 080 799 720SOW for fit2work®(Australia & New Zealand)Effective 14April20201.Introduction1.1This statement of work (“SOW”)applies when we, Equifax Australasia Workforce SolutionsPty Limited ABN 86 080 799 720 (“Equifax”) supply any fit2work®product services (“fit2work") to you, our customer, under our terms of supply for information services accessible electronically at www.equifax.com.au/hrsolutions/pdf/terms-of-supply.pdf(“Terms of Supply”). Those Terms of Supply and this SOW govern our provision of the fit2work services to you. Additional terms mayalso apply to various types offit2workservices we supply; if so, thoseadditional terms are set out in an OnboardingForm, Work Order, Fee Schedule or other collateral document (such as a schedule, exhibit or appendix) executed by you and us forpurposes ofthe relevant information service. 1.2Where other specific contractual arrangements have been executed and are in place between you and us, this SOWapplies only to the extent not inconsistent with those contractual arrangements.1.3Where this SOW uses terms defined by the Terms of Supply that it does not separately definein schedule 1 to this SOW, those terms have the same meaning in this SOW unless the context otherwise requires. The terms defined in schedule 1 to this SOW havethe same meaning where used inthis SOW, unless the context otherwise requires.1.4fit2work services are provided in accordance with its Collection Statement accessible at www.equifax.com.au/hrsolutions/pdf/fit2work-collection-statement.pdf.1.5Our fit2workservicescomprise bothautomated or manual methodsof providing income and employment verifications in respect of an Applicant nominated by you andinclude:(a)national and worldwide identity verificationsearches;(b)Australian police and criminal background checks through AFP and ACIC;(c)NZ criminal convictionchecks through the Ministry of Justice;(d)other international criminal history and identity checks;(e)professional history qualification & registration checks;(f)ANZ licencing checks (including ASIC, APRA and directorship records);(g)employment history and behavioural reference checks;(h)at the direction of the Applicant, financial historyand credit checks accessedthrough our Affiliate usingitsindependent consumer and commercial credit reporting services;(i)medical checks through various health service providers;(j)interface withHR platform management systems for workforce management across the employment cycle; (k)variousother related workforce data searchservices; and(l)consolidated reporting.1.6 Where you are a Consumer, you mayhave access to a limited number ofour fit2work services (including, for example, searches offered by ACIC,the AFPor the MoJ, or purchasing a fit2work Badge). If you are a Consumer, clauses 2 and 5 (other than clause 5.1(e)) of this SOW apply to you. For the avoidance of doubt, where you are a businessthat istreatedas a Consumer, the balance of the provisions in this SOW also apply to you to the extent not inconsistent with clause 2 of this SOW.2.Supply of fit2work services –Consumer2.1When purchased by a Consumer, the fit2workservices come with consumer guarantees that cannot be excluded under the relevant Consumer Law. In such case, subject to the relevant Consumer Lawand as contemplated by clause 10of the Terms of Supply, if a guarantee is not satisfied you may be entitled to a resupply of thatserviceor payment of the cost of having thatservice supplied again, as well as to cancel the service.2.2Nothing in this SOWis intended to exclude, restrict or modify any rights that youmay have under the relevant Consumer Law or any other applicable legislation which may not be excluded, restricted or modified by agreement.2.3For the purposes of section 5D of the FTA (NZ) and section 43 of the CGA (NZ), to the extent permitted by Law, where you are a business (including as a sole trader):(a) the fit2workservices provided to youunder or in connection with this SOWarebeing provided and acquired in trade; (b) if either or both the FTA (NZ) or the CGA (NZ) applies to the supply of the fit2work services to youthen, in respect of all matters under or in connection with this SOW,the parties are contracting out of the CGA (NZ) and sections 9, 12A and 13 of the FTA (NZ); and (c)it is fair and reasonable for the parties to be bound by this clause 2.3.2.4Where you apply for any fit2work service as an Applicant at the request (or otherwiseknowinglyfor the benefit)of an employerwho is also our customer, you acknowledge that: (a) we act as the agent of that employer as contemplated by clause 2.2 of the Terms of Supply; and(b)to the extent that we may also otherwise act, or be seen as acting, as your agent for purposes of performing an information service (including obtaining search results or providing a report to that employer), you:(i)have full knowledge of our role as agent of the employer;(ii)have read and understood the Collection Statementaccessible at www.equifax.com.au/hrsolutions/pdf/fit2work-collection-statement.pdf;(iii) are aware of any material facts whichmight affect you in any dealings with your personalinformation by us as agent for the employer(for example, if you are a bank employee, disclosure of potential departure to a current employer, through compliance with the ABA Conduct Background Check Protocol);(iv)freely consent to our involvement for the employer and any transactions contemplated by this SOW for its benefit; and(v)waive any conflict of interest or fiduciary duty otherwise owed to you to the extent inconsistent with that consent.2.5Where, as Applicant,you areresidentin the EU at the time we process personal information as part of our information services, we act as a data controller or joint data controller and a data importer. In those circumstances, we comply with our GDPR obligations in respect of your personal data as set out in schedule 4 to our Collection Statement. A supplier of data to us for purposes of those services may function as a data processor under the GDPR, in accordance with that supplier’sservice contract with us.2.6Where, as Applicant,you areunder 18 years of age, a parent or guardian may complete application for a fit2work service on your behalf and that person will be taken to have certified that the personal information provided by them regarding you is true, correct and not misleading in any material particular. You acknowledge that your participation, whether directly or through the act of a parent or guardian,in applying for a fit2work service is acivil act which is for the benefit of you as aminor participantand is fair and reasonable as at the time you apply for the services.2.7(a) Where, as an Applicant, you purchase a fit2work Badge, you purchase a:(i) ‘Goldfit2work Badge’ (including police, entitlement to work (visa) and primary qualifications checks);(ii)‘Silverfit2work Badge’(including police and entitlement to work (visa) checks);or (iii) ‘Bronzefit2work Badge’ (including police checkonly),(each a ‘fit2work Badge’, as defined in Schedule 1 below). (b) All fit2work Badges include an ACIC police check and the badge willexpire 6 months from the date of purchase, unless your subscription is maintained. (c) If your police check is clear and once all your applicable fit2work Badge check results have been provided to you, you may share your fit2work Badge securely with an employer. (d) We make no warranty or guarantee that a fit2work Badge will be accepted by an employer or that yourfit2work Badge issufficient to meet an employer’s background screening requirements, policies or processes.3.Supply of fit2workservices–B2B3.1Consistent with clause 4.8 of the Terms of Supply, you willappoint a representative who is tobe responsible for the business relationship with us for ourfit2work servicesand who is tobe the single point of contact for us and, as may be relevant, the AFP and ACIC.In the absence of any notice from you specifying an Authorised Officer, the officer executingyour Onboarding Formor otherwise deemed as acceptingthis agreement (or any successor in that position from time to time) will be your Authorised Officer.3.2The Authorised Officer is authorised to accept notices on your behalf in respect of fit2work services andis responsible for:(a)contract management and compliance;(b)yourperformance as thatrelatesto ourprovision of fit2work services; and(c)supporting usin developing the capability to provide the reportscontemplated by this SOW.3.3We will undertake the checks that you request and report on those in the fastest time practicable. We are not liable for any delay or failure to provide information arising from, or caused or contributed to by, your acts or omissions or those of any third party; however, we will employ all reasonable endeavours to complete the checks and will notify you in a timely manner if this cannot be done.3.4You and your Personnel must provide us with all information, materials, assistance and decisions required to enable us to provide the fit2work services and otherwise perform our obligations under this SOW. In particular, you acknowledge that we cannot action any check request until we receive the necessary informed consent from the Applicant. 3.5We will make a maximum of three attempts to verify information or obtain missing information in respect of check before closing that verification or search as “unverified”. Our fit2work service is then complete upon reporting to you that the verification or search is “unverified”.3.6If we request you, or the Applicant, to provide further instructions and we do not receive any adequate response to that request, we reserve the right to close anyrelated search; however, we will not close any such search before the date that is 14days after we makethatrequest for furtherinstructions.3.7You acknowledge that we: (a) obtain all data supplied as part of the fit2work services from third parties and rely on those suppliers of data to take reasonable steps to ensure that the data provided is accurate; and (b) do not independently verify the data that we obtain and supply and do not provide any guarantee or warranty as to the accuracy or completeness of any such data provided to you or an Applicant.4.Your use of our information services4.1You must use the fit2work services, and any information provided to you as a part of those services,for the Approved Purpose only and at all times comply with our agreement (including this SOW)and all applicable Laws in all jurisdictions that relate to your access to and use of those services.4.2Without limiting clause 4.1 of this SOW, you must: (a) in dealing withanypersonal information, comply with allPrivacy Legislation by which you are or have agreed to be bound;(b) restrict access to anypersonal information to Personnelwho need to access thatpersonal information to fulfil your obligations for the Approved Purpose;(c)not disclose or permit the disclosure of personal information to any third party including, without limitation, a third party outside the jurisdiction in which the information is initially received by you, unless:(i) expressly required or permitted under this agreement; or(ii) otherwise with our priorwritten consent, which may be conditional;(d) take all reasonable steps to ensure that the personal information is protected against misuse and loss, or unauthorised dealing, includingby:(i) undertaking any staff training as may be required;(ii) monitoring staff and third-party use of anypersonal information;(iii) procuring compliance with clause 3 of this SOW by any third party or Personnel to which you have disclosed or permitted disclosure of any personal information; (e) take such steps wereasonably require of youto facilitate ourcompliance with the Privacy Legislation,including cooperatingwith usto resolve any complaint alleging a breach of any Privacy Legislationin respect of any actual or alleged dealing with personal information by you or any of your Personnel(as contemplated by clause 10.8 of the Terms of Supply);(f) not do or omit to do any act that would put us in breach of any Privacy Legislation;and(g)immediately notify usif you become aware of a breach of the Privacy Legislation in connection with this agreement.4.3Without limiting clause 3.4 of this SOW, you acknowledge and agree that where,to provide the fit2work services,weneed to transferpersonal information of an Applicant to a third party, you have (or will obtain within the requisite timeframe)a valid authority of that Applicantto allow usto make that transfer.4.4Where you place an order for the provision of nationally coordinated criminal history check information from ACIC in respect of an Applicant as part of our fit2work services, you do so in accordance with the contract set out in schedule 2 to this SOW which governs those services.Notwithstanding any other provision of this SOW, if we are not satisfied as to anApplicant’s claimed identityor the legitimacy of the identity documentssupplied for purposes of a search application to ACIC, and you cannototherwise satisfy us as to such matters, we may refuseto lodge thatapplicationbut still render a fee forthe service.4.5Where you are placing an order for a fit2workservice on behalf of an Authorised Client, you are permitted to use those services and any information provided to you as a part of thoseservices for the sole purpose of providing your recruitment or other employment-related services to yourAuthorised Client, provided that you do not also use those services for your own benefit, and clause 4.2 of the Terms of Supply and clause 3.1 of this SOW are modified accordingly.4.6Where you are placing an order for a fit2work service on behalf of an Authorised Client, you:(a)warrant that you haveauthority to act as the agent ofthe Authorised Client; (b)willensure that theAuthorised Client complies with this agreement (including clauses 3.1 and 3.2 of this SOW) as if it were a party hereto;(c)will be responsible for the acts and omissions of yourAuthorised Clientin your own right andas if they were your acts or omissions;(d)indemnify us in accordance with clause 10.7 of the Terms of Supply in respect of any loss or liability we incurthroughany acts or omissions of your Authorised Client. 4.7You undertake that: (a)you or your Authorised Client (as relevant) will provide the Applicantwith a reasonable opportunity to respond to or validate the information contained in any report provided by either the ACIC or the AFP before making any decisions that may adversely affect that Applicant; and(b)if an Applicantwishes to formally dispute the accuracy of any report provided by either the ACIC or the AFP, you will refer that Applicantto us to enable use of an appropriate ‘Disputed Record’ form and consideration by that authority, prior to you relying on any of the information contained in that report. 4.8Where you place an order for the provision ofKYC/ AML checks, you acknowledge that we are not a reporting entity, norproviding a designated service, as contemplated by anAML/CTF Act, and our services do not relieve you of your obligations under that legislation.4.9Where you access our fit2work services through or at the direction of a reseller or other thirdparty, we may pay that third party a commission or provide benefits to it for enabling thatuse of our information services.5.Information we collect fromand provide toyou5.1We will: (a) comply with all applicable Privacy Laws;(b)only collect, use and disclosepersonal information required to provide the fit2work services in accordance with the Collection Statement accessible electronically at www.equifax.com.au/hrsolutions/pdf/fit2work-collection-statement.pdf, as made available to any Applicant;(c)be responsible for ensuring that any sub-contractors engaged by us in providing the fit2work services are also compliantwith this our obligations under this SOW; (d)holddata provided by you or an Applicantsecurely and takeall appropriatestepsto prevent:(i)misuse, interference and loss;or(ii)unauthorised access, modification or disclosure,of that data, and will advise you:(iii)if we receive a complaint about the handling of that data;(iv)thesteps taken to resolve anysuch complaint;(v)if there isa data breach or incident involving that data;and (vi)thesteps being taken by us to remedy any suchbreach or incident andtoprevent it from re-occurring;and(e)if you request, permit youundertake annual privacy and security reviews to monitor compliance with this clause 5.1 of the SOW in respect of your data.5.2We are not in any way providing advice to you in respect of your obligations under, or your compliance (or otherwise) with, any Law, and we disclaim all responsibility for any use you may choose to make of the fit2work services in assisting you to comply with any Law. For example, if you seek a National Police Check from the AFP, you must be satisfied as to anyrelevant Commonwealth legislation or other basis supporting that check.5.3Without limiting clause 5.1 of this SOW, other than as may be required by Law or for a secondary purpose disclosed to the Applicant (and, if that use involves direct marketing, that Applicant has not ‘opted-out’), we hold personal information submitted by an Applicant for a minimum of 3 months but no longer than 15 months after a check is completed. We hold any report generated by us for you for at least 2 years afterits provision to you.5.4We seek to collect andsupply the personal information of anApplicant through upload to our website. Where you or the Applicant choose to provide or receive personal information by e-mail, both you and the Applicant acknowledgethate-mailis not a secure form for transmitting informationand that any communications transmitted over itmay be intercepted or accessed by unauthorised or unintended parties, may not arrive at the intended destination or may not arrive in the form transmitted. In such circumstances,we take noresponsibility for communications transmitted over the internet and giveno assurance that such communications willremain confidential or intact. Any such communications shall be at thesole riskof you and the Applicant. Whereour information servicesare accessed or viewed by means or in formats other than as originally intended or provided by us, both you andthe Applicant remain responsible for reviewing all pertinent portions of those services, including any relevant disclosures and disclaimers.5.5Without limiting clause 3.7 of this SOW or clause 5.2of the Terms of Supply,you acknowledge that:(a) the results of acheck may be constrained by data fields that are collected by adata provider(such as bankruptcy checks under an Insolvency Register) and an exact match to an Applicant may not be possible, in which case we will report a ‘possible match’;(b)if an Applicant refuses permission to contact a specific prior employer or contractor, we may rely on secondary evidence (such as a payslip provided by the Applicant) to complete a check; and(c)we can provide no assuranceas to the legitimacy of any prior employer, educational institution, professional membership body or like entity as identified by an Applicant,and we do not provide any guarantee or warranty as to the accuracy or completeness of any data returned to you or to third parties.6.Fees6.1Unless otherwise covered by a Fee Schedule, you must pay us the fees for our fit2work services as displayed and accessible electronically at https://www.equifax.com.au/fit2work/when you access the relevant service.6.2In addition to the fees identified by clause 6.1 of this SOW (and unless otherwise provided by a Fee Schedule), we will:(a)charge additional fees for searches we conduct outside of Australia andNew Zealand: those additional fees will be based on the country and type of verification requestedand we will notify you of any such additional fees and seekyour consent before proceeding with the relevant search; and(b)pass through any disbursements levied by third party information providers such as academic institutions, agencies, professional bodies and like entities, butcapped at $250per Applicant search.6.3The Fee Schedule may specify a ‘Term’ as the duration for our information services. Where that period expires,and nofurther duration is identified, the information services can continue or repeat indefinitely.6.4We may charge you a fee when you order one or more fit2work checkson an applicant(excluding medical checks) and the check(s)arecancelled before completed,or if an incomplete orderedcheck remains open for more than ninety (90)days from the date of order. The fee is reflected in the Fee Schedule or in our communications with you. This fee is not intended to exclude, limit or modify a Consumer’s rights described in clauses 2.1 and 2.2 above.7.Privacy7.1Notwithstanding that, in providing our information services to you: (a)we act as your agent under a limited agency in accordance with the Terms of Supply; and (b)you may have notified us of aprivacy policy or any other privacy statement that you operate under,the fit2work services are supplied in accordance with our Privacy Statement, accessible electronically at www.equifax.com.au/hrsolutions/pdf/privacy.pdf,and this SOW. You warrant that our delivery of the fit2work services is compatible with the privacy policy or any other privacy statement or requirement that you operate under.8.Onboarding Form8.1Where you are a new customer, you establish and accept your contractual arrangements with us by completing an Onboarding Form and submitting that to us. Uponapproval ofthatrequest we will create an account in your name.Yourepresent and warrant that all information provided to usin that Onboarding Form, including the information identifying and relating to anyAuthorised Officer you specifyfrom time to time,is true, correct, accurate and not misleading and sufficient to allow us to properly assessbothyour business eligibility and the appropriateness of that Authorised Officer.8.2Notwithstanding clause 8.1 and any absence of a completed Onboarding Form, by ordering and acceptingour fit2workservices(and in the absence of any other specific contractual arrangementsbetween us)you agree thoseare delivered on the terms in this SOWand the Terms of Supply.8.3You acknowledge that ACIC, other governmental departments or supplier entities may require us to satisfy ourselves: (a)as to the identity of an Authorised Officer; and (b)that any AuthorisedOfficer is a ‘fit and proper’ person, or otherwise appropriate, for purposes of that role,and agree that we may obtain a nationally coordinated criminal history check information from ACIC in respect of anAuthorised Officer (together with any other check or checks we may determine as appropriate, acting reasonably) as part of our fit2work servicesfor you,at such times and from time to time as we may determine prudent to satisfy our obligations to that data supplier.8.4Without limiting clause 9 of the Terms of Supply, where your Authorised Officer acts in that capacity for purposes of anynationally coordinated criminal history check sourced through ACIC, you willensure that they deal with such information only as permitted bythe terms of schedule2 (NPCS Services) to this SOW (including clause 10 of that schedule). You acknowledge that the obligations under this clause 8.4survive the expiry or termination of our agreementand exist in perpetuity, unless otherwise notified by usor ACIC.8.5Further guidance on the obligations of anAuthorised Officer in connection with any nationally coordinated criminal history check sourced through ACICis accessible electronically (after logging in) in our toolbox at fit2work.com.au. To the extent that there may be any inconsistency between that guidance and schedule 2 (NPCS Services) to this SOW, the latter prevails.9.Document verification –Gateway Service User9.1Where you wish to accessaGateway Service enablingyou to directinformation match requests to and from a document issuer orOfficial Record Holder, we may facilitate provision of those services through a related body corporate.9.2Where a Gateway Service is provided to you, youacknowledge and agreethat:(a)we have no responsibility for your use of that Gateway Service;(b)you access the Gateway Service under a separate contract with ourrelated body corporate, including throughcomplying with any further terms and conditions of useas may beimposed by the Gateway Service hub; and(c)you will create or modify your business processes and ICT security in a manner reasonably acceptable to that company to establish and maintain functional connection to thehub.10.Medical checks10.1Our medical check information service fees are based on use of Jobfit, our primarymedical service provider, in accordance with clause 10.2 of this SOW. Those fees may change in accordance with clause 7.5 of our Terms of Supply.Ifwe determine to use,or you request that we use,another medical check service provider, additional or different fees may apply. For example, we may determine to use another provider if Jobfit does not have capacity, where the Applicant is in a remote regional locationor to meet a specific timeframe. Wewill notify you through our platformwhenmaking a booking with another provider and, where practicable, will advise you of any additional or different fees that may apply.10.2You will request anymedical assessment for an Applicant as a fit2work service through our platform. When using Jobfit,thiswill permit the flow of relevant information to populate the Jobfit MediManager systemandJobfit will contact the Applicant toco-ordinate any appointment for the medical assessment. Status updates will be available to you through our fit2work platform.10.3Irrespective of the service provider, certain circumstances may require an additional medical assessment appointment to be madeor additional costs to be incurred in respect of an Applicant. These circumstances include:(a) multiple health practitioners are required to complete all requested check assessments;(b) an Applicant is not able toattend the initial appointmentandsoneeds rebooking;(c)an Applicantcancelstheir appointmentwith less than one clear working days' noticethrough the Jobfit MediManager system(or otherwise to us), fails toattendtheir appointment at the scheduled time, or requires extra services to be performedto achieve the assessment sought;(d) certain aspects of the medical assessmentnot being able to beconducted at the initial appointment or needingto be undertaken at a different clinic; for example, if an instant drug screen result is non-negative, an additional GCMS test may berequired to confirm the result–in whichcasean additional fee will apply,dependanton the pathology clinic used.10.4Whereclause 10.3 of this SOWapplies, furtherfeesapply for the additional administrativework undertaken, as well as any additional clinic or similar fees incurred.If an Applicant cancels their appointment with less than one clear working days' notice,a cancellation fee equalling100% of the fee for that medical assessment will apply. Any such additional fees may be rendered by asecond invoice, credit or adjustment notefrom us. We will provide an appropriateexplanationof those costs at the time of rendering for suchadditional feesand costs.10.5If a practitioner requires further information (whether from an Applicant’s GP or otherwise) to perform the required medical assessmenton an Applicant,the Applicant must provide that directlyto the doctor. In such circumstances:(a)we will not receive that further information and, if it is misdirected to us, we will treat it as unsolicited personal information and destroy it as soon as practicable; and(b) any associated costs in obtaining that information areto be paid by the Applicant–it is then at yourdiscretion as to whether to reimburse the Applicantfor thosecosts. Where an Applicant doesnot provided information requested by a practitioner within 2 weeksof the initial appointment, the Applicant’scheck will be closed as “incomplete”andour fees willapply. Schedule 1–Dictionary In this fit2work SOW:(a)“ACC Act” means the Australian Crime Commission Act 2002(Cth);(b)“Account Representative” means an officer appointed by us and notified to you as our primary point of contact for your dealings with us;(c)“ACIC” means the Australian Criminal Intelligence Commission;(d)“Accredited Body” means an accredited body under section 46A(5) of the ACC Act having an agreement with ACIC permitting it to access the National Police Checking Service;(e)“AFP” means the Australian Federal Police;(f)“AML/CTF Act” means, as relevant, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006(Cth) or Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ);(g)“Approved Purpose” means:(i)the use ofourfit2work information services for pre-employment and employment screening in accordance with the consent given to you by the relevant Applicant; or(ii)such other purpose as we may expressly agree with you in writing;(h)“Authorised Client” means, where you act as an agent or service provider to provide recruitment or other employment-related services or real estate services to a third party who is your customeror to whom you otherwise provide a service, thatperson;(i)“Authorised Officer” means the officer appointed, or deemed to be appointed, by you under clause 3.1 of this SOWand as specified in an Onboarding Form or any updated advice to us;(j)“Commencement Date” means the date you establish account arrangements with us to use our fit2work services;(k)“Consumer” has the same meaning as given by the Consumer Law;(l)“deal” includes collecting, recording, holding, organising, storing, adapting, altering, retrieving, consulting, using, disclosing, transferring, providing access, combining, blocking, erasing or destroying and “dealing” has a corresponding meaning;(m)“employer” means the entity that employsor otherwise retains you, or may employ or otherwise retain you, where that entity has obtained your consent to the collection of your personal information for purposes of arelevant information service, and includes:(i)any entity retaining or seeking to retain your services under contract or other similar service arrangement; (ii)an entityin which you are, or are seeking to become, enrolled or a member (including any educational, social or charitable institution):and(iii)where relevant, an Authorised Client;(n)“EU” means that organisation of European countries known as the ‘European Union’ having joint policies on matters such as trade, agriculture and finance;(o)“fit2work Badge” means that fit2work service providing a profile badging system to a Consumer Applicant, allowing them to share their verified credentials with employers through allocation of a unique ID number that can be verified independently via the fit2work website;(p)“fit2work services” means our supply of any of the information services described in clause 1.5 of this SOW;(q)“Gateway Service” means a service that enables authorised users to connect to and interact with document issuers or Official Record Holders through anintermediary hub;(r)“GDPR” means the General Data Protection Regulation as created by the European Commission;(s)“Home Affairs” means the Commonwealth of Australia represented by the Department of Home Affairs ABN 33 380 054 835;(t)“Insolvency Register” means, as relevant, the National Personal Insolvency Indexmaintained by the Australian Financial Service Authority or the Insolvency Registermaintained by Records NZ;(u)“Jobfit” means JobfitHealth Group Pty Ltd ABN 40 083 014 340 and includes any Affiliates or contractors working on its behalf;(v)“MoJ” means the Ministry of Justice (Tāhū o te Ture) in New Zealand;(w)“Official Record Holder” means, in respect of a supported document, the entity against whose official record data the information submitted isrequested to bematched (or attempted to be matched);(x)“Onboarding Form” means an application to us, completed by you in theform we provide to you; and(y)“Privacy Legislation” means the Privacy Act, any regulations, directives or other subordinate legislation made under a Privacy Act,and any other legislation applying in Australia (includingofthe Commonwealth of Australia orany State or Territory of Australia) or in New Zealand from time to time affecting privacy, personal information or the collection, handling, storage, processing, use or disclosure of personal information(including health information), data and other types of information and includes the Spam Act 2006(Cth), Do Not Call Register Act 2006(Cth), Commonwealth Electoral Act 1918(Cth), the Telecommunications Act 1997(Cth)and the Unsolicited Electronic Messages Act 2007(NZ), regardless of whether those Laws would applyto youbut for this agreement. Schedule 2–NPCS ServicesSCHEDULE -NATIONAL POLICE CHECKING SERVICES TERMS AND CONDITIONSLEGAL ENTITY CUSTOMER CONTRACTIN RELATION TO THE PROVISION OF NATIONALLY COORDINATED CRIMINAL HISTORY CHECK INFORMATIONNOTE: This schedule incorporates the model Legal Entity Customer Contract as proposed by ACIC to assist Accredited Bodies (such as Equifax) in complying with obligations under the Agreement with the ACIC to access nationally coordinated criminal history checks on behalf of a Legal Entity Customer or Related Government Entity (whichever applies) as Client.CONTENTS1.Interpretation32.Duration ofthisContract73.Services74.LimitationsofService125.Suspension of Service136.Protection of Police Information and other Personal Information137.Audits and access to premises and information168.Access to documents189.Intellectual Property1810.Security of Commonwealth’s Confidential Information1811.Termination1912.Dispute Resolution2013.Survival2114.Notices21Schedule 1 (Legal Entity Customer Contract Schedule)22Schedule 2 (Disclaimer)24 LEGAL ENTITY CUSTOMERCONTRACTDateThis Contract is datedas of the Commencement Date.PartiesThis Contract is made betweenyou astheLegal Entity Customer and us as the Accredited Body.RecitalsA.The Australian Criminal Intelligence Commission (ACIC) administers access to nationally coordinated criminal history checks under the Australian Crime Commission Act 2002 (Cth) (ACC Act). The National Police Checking Service (ACIC Service) facilitates access to Police Information and nationally coordinated criminal history checks in partnership with the Australian police agencies in accordance with relevant Australianlegislation.B.The ACIC Service provides bodies accredited in accordance with the ACC Act with Police Information to support the assessment of the suitability of people in positions of trust, specified fields of endeavour and as required to meet legislativerequirements.C.The Accredited Body is an accredited body under section 46A(5) of the ACC Act and has an agreement with the ACIC (ACIC Agreement) before it is permitted to access the ACICService.D.In order for the Accredited Body to access the ACIC Service on behalf of the Legal Entity Customer to provide the LegalEntity Customer with services relating to national policing information, the Accredited body must have a commercial proposal to have Legal Entity Customers approved by the ACIC and enter into a Legal Entity Customercontract.E.The Parties acknowledge thatthe ACIC has approved the Accredited Body to provide services relating to national policing information to Legal Entity Customers and agree to enter into thisContract. 1.Interpretation1.1.Definitions1.1.1.Unless otherwise indicated, terms defined below have the followingmeanings:Accredited Bodymeans Equifax Australasia Workforce Solutions Pty Ltd ABN 86 080 799 720.Applicant means a person in relation to whom the Legal Entity Customer seeks a nationally coordinated criminal history check.Australian Privacy Principle Entity(or APP Entity) has the same meaning given to the term ‘APP entity’ in the Privacy Act 1988(Cth).Commencement Datehas the same meaning as in the fit2work SOW.Commencement of Identity Documentmeans the documents identified as 'Commencement of Identity Documents' in clause 1(b) of Annexure A (Identity Proofing Documents and Processes).Commonwealthmeans the Commonwealth of Australia and includes the ACIC.Commonwealth Confidential Informationmeans information that:(a) is Police Information;(b) is provided by, or originates from, the Commonwealth and is by its nature confidential, including the name or contact details of any staff member or security information relating to the provision of theService; or(c) the ACIC and the Accredited Body have agreed in writing is confidential (whether through the ACIC Agreement or otherwise).Contractmeans the contract contained in this Schedule and includes all schedules and attachments to it;Disclaimermeans the disclaimer set out in Schedule 2 to this Contract.Expiry Datemeans the date on which the agreement between the Accredited Body and the Legal Entity Customer is terminated under clause 3.2 of the Terms of Supply, provided that such date is not later than the expiry date of the Accredited Body’s Agreement with ACIC (in which case, it is that expiry date).GSTmeans any tax imposed by the GST Act.GST Actmeans A New Tax System (Goods and Services Tax) Act 1999(Cth).Informed Consenthas the meaning as given in clause 3.8.2 of this Contract.Itemmeans an item in schedule 1 to this Contract.Lawmeans any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in Australia, whether made by the Commonwealth, a State, Territory or a local government, and includes the common law and rules of equity as applicable from time to time.Legal Entity Customermeans you.Legal Entity Customer Contract Schedulemeans schedule 1 to this Contract.Nationally Coordinated Criminal History Checkmeans a criminal history check conducted, in relation to an Applicant, by the ACIC as part of the ACIC Service and carried out in accordance with the ACIC Agreement between the ACIC and the Accredited Body in relation to the ACIC Service, and the Police Information about an Applicant provided by the Accredited Body to the Legal Entity Customer in a physical or electronic format as a result of the submission of the nationally coordinated criminal history check Application.Nationally coordinated criminal history check Application(Application) means a form (in physical or electronic format) completed by the Applicant, or on behalf of the Applicant, submitted to the Accredited Body requesting the ACIC to conduct a nationally coordinated criminal history check in relation to an Applicant.Nationally coordinated criminal history check categorymeans one or more categories listed in Item 1 of Schedule 1 to this Contract, being the categories and purpose for which the LegalEntity Customer is permitted to collect, use or disclose Personal Information and Police Information under clause 6.1.3(a) of this Contract.National Policing Informationhas the meaning given in the Australian Crime Commission Act2002(Cth).Permitted Offshore Transfermeans the permitted transfer of Personal Information or Police Information to a location outside Australia, where the transfer is: (a) necessary to provide an Applicant with access to the result of a nationally coordinated criminal historycheck in relation to the Applicant, where:(i) the Applicant is located outside Australia; and(ii) the Applicant has consented to the transfer or supply of Personal Information or Police Information to a location outside Australia; and/or(b) for the purpose of routing Personal Information or Police Information through servers located outside Australia, where:(i) the end recipient of that Personal Information or Police Information is located within Australia; and(ii) the Personal Information or Police Information is retained or stored only on databases, servers or systems located within Australia; and/or(c) for the purposes of retaining or storing Personal Information or Police Information on databases, services or systems located outside Australia where:(i) the Applicant has consented to the retention or storage; and(ii) the ACIC has approved, in writing, the Accredited Body’s ICT environment for the retention or storage of Personal Information or Police Information on databases, services or systems located outside Australia; and/or(d) for any other purpose for which the Applicant has consented to the transfer or supply of Personal Information or Police Information to a location outside Australia.Personal Informationhas the meaning given in the Privacy Act 1988(Cth).Personnel means:(a) in relation to the Legal Entity Customer, the Legal Entity Customer’s each employee, each Subcontractor and any officer, contractor, partner, volunteer, agent, director, board member of the Legal Entity Customer or a Subcontractor;(b) in relation to the Accredited Body, the Accredited Body’s authorised officer, each Subcontractor and any officer, employee, contractor, partner, volunteer, agent, director, board member of the Accredited Body or a Subcontractor; and(c) in relation to the Commonwealth, officers, employees, volunteers, agents or contractors of the ACIC or any entity that is contracted by the ACIC other than the persons and entities referred to in paragraph (a) of this definition.Police Informationmeans any of the following information:(a) information collected for the purposes of providing the Service;(b) information collected for the purposes of a nationally coordinated criminal history check; and(c) information released as part of a nationally coordinated criminal history check including information contained in a nationally coordinated criminal history check.Primary Use in Community Documentmeans a document named as such in Annexure A (Identity Proofing Documents and Processes).Privacy Actmeans the Privacy Act 1988(Cth).Safeguardsmeans practices that a professional organisation handling Personal Information would implement to appropriately protect that information and include the Protection of Personal Information and Police Information Safeguards set out at Annexure B.Secondary Use in the Community Documentmeans a document named as such in Annexure A (Identity Proofing Documents Processes).Servicemeans the provision of information relating to the resultof a nationally coordinated criminal history check in relation to an Applicant.Vulnerable Groupmeans:(a) a child; or(b) an adult who is:(i) disadvantaged or in need of special care, support, or protection because of age, disability, or risk of abuseor neglect; or(ii) accessing a service provided to disadvantaged people.1.1.2.In thisContract:a.the singular includes theplural;b.a reference to one gender includes a reference to all other genders;andc.any reference to any statute or regulation includes all amendments and revisions made from time to time to that statute orregulation. 1.1.3.Headings in this Contract have been inserted for convenience and reference only.1.1.4.No rule of construction shall apply to the disadvantage of any party on the basisthat it put forward thisdocument.1.1.5.Any variation to this Contract must be in writing and signed on behalf of each party. The variation will take effect from the date specified in the variation document. This may be done by exchange of letters or counter signing of a letter sent by one party to theother.1.1.6.Any rights conferred under this Contract upon the ACIC or the Commonwealth are held on trust by the Legal Entity Customer for the benefit of theACIC.2.Duration of thisContract2.1.1.This Contract commences on the Commencement Date and ends on theExpiry Date unless it is extended for a further period by both parties in writing or terminated earlier by either party inwriting.3.Services3.1.Generalobligations3.1.1.The Legal Entity Customermust:a.not provide use of the Service or access to nationally coordinated criminal history checks to otherparties;b.not send any Police Information or Personal Information about an Applicant to an overseas recipient unless the Legal Entity Customer has the prior approval of theApplicant;c.act in accordance with the Privacy Act, as if it were an APPEntity;d.grant the Accredited Body or its authorised officer a right of access to the Legal Entity Customer’s premises (and to data, records and other material relevant to the use of the Service and the handing of Police Information, including the right to copy), which the Accredited Body must exercise reasonably and subject to the Legal Entity Customer’s reasonable safety and securityrequirements;e.only request nationally coordinated criminal history checks for the nationally coordinated criminal history check category set out in Schedule 1 to this Contract; andf.only use the Service in accordance with thisContract.3.2.Process for requesting a nationally coordinated criminal historycheck3.2.1.Before submitting a request for a nationally coordinated criminal history check, the Legal Entity Customer must provide the Accredited Bodywith:a.the Applicant’s Application completed in accordance with clause 3.3;andb.the Applicant’s InformedConsent,for the purpose of the nationally coordinated criminal history check.3.2.2.The Accredited Body will not submit to the ACIC any request for a nationally coordinated criminal history check unless it has collected the Applicant’s Application and Informed Consent in accordance with the requirements set out in thisContract.3.3.Nationally coordinated criminal history check Applicationrequirements3.3.1.A nationally coordinated criminal history check Application (Application) must include the followinginformation: a.the Applicant’s surname and given name(s), and all names under which the Applicant was, is or has beenknown;b.the Applicant’s date and place ofbirth;c.the Applicant’sgender;d.the Applicant’s residential address(es) for the past five (5)years;e.if available, the Applicant’s driver licencedetails;f.if available, the Applicant’s firearms licencedetails;g.the position title, occupation or entitlement being sought by theApplicant;h.the proposed place of work and whether the applicant will have contact with VulnerableGroups;i.the nationally coordinated criminal history check category to which the nationally coordinated criminal history checkrelates;j.a statement or endorsement confirming the Legal Entity Customer is satisfied as to the correctness of the Applicant’s identity and has verified the Applicant’s identity documents in accordance with clauses 3.4and3.5.3.3.2.The Applicant’s Applicationmust:a.be completed by the Applicant and include the Applicant’s signature (in physical or electronic format) and date of signature;orb.if the Applicant is under 18 years of age —be completed by a parent or legal guardian of the Applicant and include the signature (in physical or electronic format) of the parent or legal guardian and date ofsignature.3.4.Confirmation of Applicant’sidentity3.4.1.When reviewing an Applicant’s Application and Informed Consent, the Legal Entity Customer must satisfy itself asto:a.the Applicant’s identity;andb.the linkage between the Applicant and the claimedidentity.3.5.Requirements to confirm Applicant’sidentity3.5.1.In satisfying itself, the Legal Entity Customer must sight four documents consistingof:a.at least one of the documents listed as a ‘Commencement of Identity Document’;b.at least one of the documents listed as a ‘Primary Use in Community Document’ that is also a photo identity document;andc.at least two of the documents listed as a ‘Secondary Use in the Community Document’.3.5.2.The Legal Entity Customer may, for the purpose of clause 3.5.1, sight the documents:a.locally, by sighting an original of the documents presented by the Applicant in person;orb.remotely, by sighting a copy of each document that has been submitted by the Applicant via post or electronicsubmission.3.5.3.The combination of the Applicant’s identity documents must include the Applicant’s full name, date of birth and a photograph of the Applicant. If the Applicant does not have an identity document containing a photograph from one of the documents listed as a‘Commencement of Identity Document’ or from one of the documents listed as a ‘Primary Use in Community Document’, the Applicant must submit a passport style photograph that has been certified by a person listed in Schedule 2 of the Statutory Declarations Regulations 1993 (Cth) that the photograph is a photograph of theApplicant.3.6.Special provisions for Applicants unable to meet the clause 3.5identity requirements3.6.1.There are special provisions that apply to the following categories of Applicants who may be unable to meet the identity requirements in clause3.5:a.persons whose birth was notregistered;b.people who arehomeless c.recent arrivals inAustralia;d.people living in remoteareas;e.people who are transgender orintersex;f.people affected by naturaldisasters;g.people with limited access to identity documents for reasons associated with how they were raised, such as institutional or fostercare;h.people with limited participation in society;andi.young people who are yet to establish a social footprint or evidence of communityparticipation.3.6.2.The Legal Entity Customer must meet the minimum requirements for these categories as advised by the ACIC to the Accredited Body and notified by the Accredited Body to the Legal EntityCustomer.3.7.Collection of Applicant’s InformedConsent3.7.1.The Legal Entity Customer will not submit to the Accredited Body any request for a nationally coordinated criminal history check unless it or the Legal Entity Customer has collected the Applicant’s Informed Consent for the nationally coordinated criminal historycheck.3.7.2.For the purpose of this Contract, an Informed Consent is a consent form (in physical or electronic format)that:a.is completed by the Applicant and includes the Applicant’s signature (in physical or electronic format) and date of signature;andb.if the Applicant is under 18 years of age —is completed, dated and signed by a parent or legal guardian of the Applicant and includes the signature (in physical or electronic format) of the parent or legal guardian and date of signature;andc.sets out at aminimum:i.the Applicant’s surname and givenname(s);ii.an acknowledgement that the Applicant consents to a nationally coordinated criminal history check being undertaken on all names under which the Applicant was, is or has been known, as provided by the Applicant as per clause3.3.1.iii.the purpose of the nationally coordinated criminal historycheck;iv.the purpose(s) for which the Applicant’s Personal Information is being collected and the purpose(s) for which the nationally coordinated criminal history check is beingundertaken;v.any person to whom, or organisation to which, Personal Information (including Police Information) may be disclosed and inwhat circumstances (including the Accredited Body, the ACIC, Australian police agencies and third parties);vi.where consent is required for a Permitted Offshore Transfer, the details of to whom and in which country or countries the Applicant’s Personal Information will bedisclosed;vii.any Law which requires that the Applicant’s Personal Information be collected and the consequences ofnon-compliance;viii.an acknowledgement that the Applicant understands that their Personal Information may be used for general law enforcement purposes, including those purposes set out in the Australian Crime Commission Act 2002(Cth);ix.information that the Applicant is required to contact the Legal Entity Customer in the first instance in relation to any dispute about the result of the nationally coordinated criminal history check in relation to theApplicant;x.information about the Legal Entity Customer’s nationally coordinated criminal history dispute process including the contact details of its complaints and privacyofficer;xi.if a Law requires Police Information about the Applicant to be disclosed to another person or organisation —information that the Police Information will be disclosed to that person or organisation and the basis for the disclosure;andxii.the Legal Entity Customer’s full name and contactdetails. 4.Limitations ofService4.1.1.The Legal Entity Customer acknowledges and agrees that the provision of a nationally coordinated criminal history check to the Legal Entity Customer is for use on the followingconditions:a.the ACIC makes no representation or warranty of any kind in respect to accuracy;andb.the ACIC does not accept responsibility or liability for any omission or error in the nationally coordinated criminal historycheck.4.1.2.The Legal Entity Customer must ensure that any Police Information or Personal Information in a nationally coordinated criminal history check provided under this Contract to any person includes the Disclaimer at Schedule 2 (as amended from time to time).5.Suspension ofService5.1.1.The Accredited Body may, at its discretion and in addition to any other rights it has under this Contract, suspend or reduce the Legal Entity Customer’s level of access to, or use of, the Servicewhere:a.the Legal Entity Customer has breached a term or condition of this Contract;orb.the Accredited Body reasonably suspects that the Legal Entity Customer has committed or may commit a breach of a term or condition of this Contract,until such time as the breach by the Legal Entity Customer has been remedied to the Accredited Body’ssatisfaction.5.1.2.The Legal Entity Customer must continue to perform its obligations under this Contract notwithstanding any suspension or reduction of theService.5.1.3.In the eventthat:a.the ACIC suspends or reduces the Accredited Body’s level of access to, or use of, the Service;andb.that suspension or reduction affects the Accredited Body’s ability to provide the Service to the Legal EntityCustomer,the Legal Entity Customer acknowledges that its level of access to, or use of, the Service will also be suspended or reduced by the Accredited Body or the ACIC.6.Protection of Police Information and other PersonalInformation6.1.Obligations of Legal Entity Customer and its Personnel in relation to Personal Information6.1.1.The Legal Entity Customer acknowledges that its use of the Serviceinvolves:a.the collection, use and disclosure by the Legal Entity Customer of Personal Information that is required to complete and submit an application to use the Service and obtain a nationally coordinated criminal history check;andb.the collection, use and possible disclosure by the Legal Entity Customer of PoliceInformation.6.1.2.Irrespective of whether or not the Legal Entity Customer would otherwise be bound, by entering into this Contract, the Legal Entity Customer agrees to be bound by the Privacy Act as if it were anAgency.6.1.3.The Legal Entity Customer must in its use of theService:a.collect, use or disclose Personal Information and Police Information only for the nationally coordinated criminal history check category and related administration;b.not collect, transfer, store or otherwise use Personal Information or Police Information outside Australia, or allow parties outside Australia to have access to Personal Information or Police Information, unless a Permitted Offshore Transfer circumstanceapplies;c.not disclose Police Information other than for the purpose for which the Applicant gave Informed Consent unless it has the prior written approval of theACIC;d.not commit any act, omission or engage in any practice which is contrary to the PrivacyAct;e.not do any act or engage in any practice that would be a breach of an APP or a Registered APP Code (where applied to the Legal Entity Customer) unless that act or practice is explicitly required under thisContract;f.implement Safeguards to keep Personal Information and Police Informationsecure;g.comply with any directions or guidelines in relation to the treatment of Personal Information and Police Information, notified to the Legal Entity Customer by the Accredited Body;andh.ensure that all Personnel who are required to deal with Personal Information and Police Information are made aware of the obligations of the Legal Entity Customer set out in this clause6.1.6.1.4.The Legal Entity Customer must, on request by the Accredited Body or the ACIC, promptly provide the Accredited Body or the ACIC with a copy of the Legal Entity Customer’s privacypolicy.6.2.Restrictions on altering nationally coordinated criminal historyChecks6.2.1.The Legal Entity Customer must not alter the content of a nationally coordinated criminal history check provided to the Legal Entity Customer by the Accredited Body or by the ACIC,including:a.any PoliceInformation;b.any Personal Information;andc.the Disclaimer for Limitations of Service as at AnnexureC.6.2.2.The Legal Entity Customermay:a.make minor alterations to the format or presentation of the nationally coordinated criminal history check to the extent that any alternation does not change the content of any Police Information or Personal Information or the Disclaimer for Limitations of Service as at AnnexureC.6.3.Retention of nationally coordinated criminal history checks and related material6.3.1.The Legal Entity Customer must securelyretain:a.each Application for a nationally coordinated criminal history check and any documents presented remotely by the Applicant for the purposes of clause 3.5, for a minimum period of twelve (12) months after the receipt of the nationally coordinated criminal history check to which the Application relates;andb.each Applicant's Informed Consent for a nationally coordinated criminal history check for a minimum period of twelve (12) months following the receipt of the nationally coordinated criminal history check to which the consentrelates.6.4.Disposal of nationally coordinated criminal history checks and related material6.4.1.The Legal Entity Customer must destroy or securely dispose of all hard and electronic copies (including backed up versions held on servers or other media) of:a.each nationally coordinated criminal history check within twelve (12) months following the receipt of the nationally coordinated criminal history check;b.each Application for a nationally coordinated criminal history check and any documents presented remotely by the Applicant for the purposes of clause 3.5, withinthree (3) months following the required document retention period under clause 6.3.1a;andc.each Applicant's Informed Consent for a nationally coordinated criminal history check within three (3) months following the required document retention period under clause6.3.1b,unless a longer document retention period is required by Law, in which case the Legal Entity Customer must dispose of the material within one (1) month following the end of the document retention period required byLaw. 6.5.Legal Entity Customer to give notice of breach or possible breach of clause66.5.1.The Legal Entity Customer must notify the Accredited Body immediately if the Legal Entity Customer becomes aware of a breach or possible breach of any of the obligations contained in, or referred to in this clause 6, whether by the Legal Entity Customer or itsPersonnel.7.Audits and access to premises andinformation7.1.Right to conduct audits and complianceactivities7.1.1.The ACIC, including its authorised Personnel, may conduct audits relevant to the Legal Entity Customer’s compliance with this Contract. Audits may be conductedof:a.the Legal Entity Customer’s operational practices and procedures as they relate to thisContract;b.the Legal Entity Customer’s compliance with its privacy and confidentiality obligations under this Contract including that the nationally coordinated criminal history check has been used only for the nationally coordinated criminal history check category;andc.any other matters determined by the ACIC to be relevant to the use of the Services or the performance of thisContract.7.2.Process of Conducting theAudits7.2.1.The Legal Entity Customer must participate promptly and cooperatively in any audits conducted by the ACIC or its authorisedPersonnel.7.2.2.Each Party must bear its own costs associated with anyaudits.7.3.Access to Legal Entity Customer sites orpremises7.3.1.For the purposes of the ACIC conducting audits under this clause 7, the Legal Entity Customer must, as required by the ACIC or its authorisedPersonnel:a.grant the ACIC and its authorised Personnel access to the Legal Entity Customer’s premises and data, records and other material relevant to the performance of this Contract;andb.arrange for the ACIC and its authorised Personnel to inspect and copy data, records and other material relevant to the performance of thisContract.7.4.ACIC conduct in relation to audit andaccess7.4.1.The rights referred to in clauses 7.1 and 7.3 are, wherever practicable, subject to:a.the ACIC providing the Legal Entity Customer with at least three (3) business days’ prior notice;andb.the Legal Entity Customer’s reasonable security requirements or codes of behaviour,except where the ACIC or its authorised Personnel believes that there is a suspected or actual breach of law.7.5.Auditor-General and Privacy Commissioner and Ombudsmanrights7.5.1.The rights of the ACIC under this clause 7 apply equallyto:a.the Auditor-General or a delegate of theAuditor-General;b.the Privacy Commissioner or a delegate of the PrivacyCommissioner;c.the Commonwealth Ombudsman or a delegate of the Commonwealth Ombudsman,for the purpose of performing the Auditor-General’s, Privacy Commissioner’s or the Commonwealth Ombudsman’s statutory functions or powers. 7.5.2.Nothing in this Contract limits or restricts in any way any duly authorised function, power, right or entitlement of the persons listed in clause7.5.1.8.Access todocuments8.1.1.If the Commonwealth receives a request for access to a document created by or in the possession of the Legal Entity Customer that relates to this Contract, the ACIC or Accredited Body may at any time by notice require the Legal Entity Customer to provide the document to the ACIC and the Legal Entity Customer must, at no additional cost to the Commonwealth or the Accredited Body, promptly comply with thenotice.8.1.2.If the Legal Entity Customer receives a request for access to a document in its possession that relates to this Contract, the Legal Entity Customer must consult with the Accredited Body and the ACIC upon receipt of therequest.9.IntellectualProperty9.1.Ownership of PoliceInformation9.1.1.Intellectual Property in Police Information is owned by the Commonwealth and the Australian police agencies. Nothing in this Contract affects the ownership of Intellectual Property in Police Information (including any copy thereof) provided to the Legal EntityCustomer.9.1.2.The Accredited Body grants to the Legal Entity Customer a royalty-free, non-exclusive licence to use and communicate Police Information in accordance with thisContract.9.2.No change to ownership of other relevantdocuments9.2.1.Nothing in this Contract affects the Commonwealth’s ownership of Intellectual Property in any other material relevant to or associated with the Service, including branding, graphic design, policies, guidance materials, certificates and forms.10.Security of Commonwealth’s ConfidentialInformation10.1.Legal Entity Customer to secure Commonwealth’s ConfidentialInformation10.1.1.The Legal Entity Customer agrees to secure all ofthe Commonwealth’s Confidential Information (including Police Information) against loss and unauthorised access, use, modification ordisclosure.10.1.2.The Legal Entity Customer may wish to provide Applicants with the opportunity to submit Personal Informationelectronically. If so, the Legal Entity Customer must secure Personal Information belonging to Applicants against loss and unauthorised access, use, modification or disclosure, and notify the Applicant of theserisks.10.2.Writtenundertakings10.2.1.The Legal Entity Customer must, on request by the Accredited Body or the ACIC at any time, promptly arrange for the Legal Entity Customer’s Personnel to give a written undertaking in a form acceptable to the Accredited Body or the ACIC relating to the use and non-disclosure of the Commonwealth’s Confidential Information (including PoliceInformation).10.3.Period ofConfidentiality10.3.1.The obligations under this clause 10 survive the expiry or termination of this Contract and exist in perpetuity, unless otherwise notified by the Accredited Body or theACIC. 10.3.2.The obligations contained in this clause 10 are in addition to those specified in clauses 4 and9.11.Termination11.1.Termination or reduction in scope forconvenience11.1.1.The Accredited Body may terminate this Contract or reduce the scope of this Contract (including by reducing or removing any nationally coordinated criminal history check categories) by notice at any time, as a result of a termination or reduction of Scope of the Accredited Body’s Agreement with theACIC.11.1.2.The Legal Entity Customer will not be entitled to any compensation whatsoever including for loss of prospective profits or loss of any benefits that would have been conferred on the Legal Entity Customer if the termination or reduction had not occurred. The Accredited Body will only be liable for repayment of any outstanding nationally coordinated criminal history checks requested, and paid for, by the Legal Entity Customer prior to the effective date oftermination.11.1.3.This clause 11.1does not affect the Accredited Body’s other rights under this Contract or otherwise atlaw.11.2.Termination fordefault11.2.1.The Accredited Body may terminate this Contract immediately by notice to the Legal Entity Customer if any of the following termination eventsoccur:a.the Legal Entity Customer breaches a material provision of this Contract where the breach is not capable ofremedy;b.the Legal Entity Customer breaches any provision of this Contract and does not rectify the breach within14 days after receipt of the Accredited Body’s notice to doso;c.the Accredited Body is satisfied on reasonable grounds that the Legal Entity Customer is unable or unwilling to satisfy the terms of thisContract;d.the Legal Entity Customer comes under any form of administration or assigns its rights otherwise than in accordance with thisContract;e.the Legal Entity Customer is unable to pay all its debts as and when they become payable or fails to comply with a statutorydemand;f.proceedings are initiated witha view to obtaining an order for winding up the Legal EntityCustomer;g.the Legal Entity Customer becomes bankrupt or enters into a scheme of arrangement withcreditors;h.anything analogous to, or of a similar effect to, anything described in subclauses 11.2.1.dto 11.2.1(g) occurs in respect of the Legal Entity Customer;ori.another provision of this Contract allows for termination under this clause 11.2.11.2.2.This clause 11.2does not affect the Accredited Body’s other rights under this Contract or otherwise atlaw.12.DisputeResolution12.1.This clause 12 applies only to disputes regarding this Contract. Disputes arising from nationally coordinated criminal history checks are to be handled by the Accredited Body in accordance with the Accredited Body’s ACICAgreement.12.1.1.The Legal Entity Customer agrees to provide the ACIC with any information or materials reasonably requested by the ACIC, in order to allow the ACIC to resolve any dispute between itself and the AccreditedBody.12.1.2.A Party must comply with the following procedure in respect of any dispute arising under thisContract: a.the Party claiming that there is a dispute will send the other Party a notice setting out the nature of the dispute (‘DisputeNotice’);b.the Parties will try to resolve the dispute through direct negotiation, including by referring the matter to persons who have the authority to intervene and direct some form ofresolution.12.1.3 If the Parties are unable to resolve the dispute within 2 weeks of the relevant Party receiving the Dispute Notice, either Party may refer that dispute for resolutionin accordance with the dispute resolution process accessible at www.equifax.com.au/acicdispute.13.Survival13.1.1.TheterminationorexpirationofthisContractwillnotaffectthecontinued operation of this clause 13 and any provision of this Contract which expressly or by implication from its nature is intended to survive including clauses 6 (protection of Police Information and other Personal Information) and 7 (Audits and accessto premises andinformation).14.Notices14.1.1.A Party (‘First Party’) giving notice to the other Party under this Contract must do so in writing and that notice must be signed by the First Party’s authorised officer, marked for the attention of the other Party’s authorised officer and hand delivered or sent by prepaid post or email to the other Party’s address for notices.14.1.2.A notice given in accordance with clause 14.1.1 isreceived:a.if hand delivered or if sent by pre-paid post, on delivery to the relevant address;orb.if sent by email, when received by the addressee or when the sender’s computer generates written notification that the notice has been received by the addressee, whichever isearlier. SCHEDULE1(LEGAL ENTITY CUSTOMER CONTRACTSCHEDULE)Item No.DescriptionParticulars1.Nationally coordinated criminal history checkcategoryEmployment / Probity / License purposes only2.Legal Entity Customer’s authorised officerClause 14The person correctly authorised by the Legal Entity Customer and occupying the position of Authorised Officer as defined in this fit2work SOW.3.Legal Entity Customer’s Address for NoticesClause 14As identified by the agreement with the Accredited Body for delivery of its fit2work services.4.Accredited Body’s Authorised Officer and Address for NoticesClause 14In the absence of a designated Account Representative for the Legal Entity Customer, the person correctly authorised by the Accredited Body occupying the position of Product Managerfit2work, the current contact details for whom are:119 Cecil Street, South Melbourne 3205, VIC AustraliaP +61 3 9036 4437Wolfgang.Perner@equifax.com SCHEDULE2DISCLAIMERNATIONALLY COORDINATED CRIMINAL HISTORY CHECK LIMITATIONS ONACCURACY AND USE OF THIS INFORMATION1.This nationally coordinated criminal history check provides a point in time check about the applicant for an authorised nationally coordinated criminal history check category and purpose. Information obtained through this check should not be used for any otherpurpose.2.The accuracy and quality of information provided in this nationally coordinated criminal history check depends on accurate identification of the applicant which is based on information, including aliases, about the applicant provided in the application andthe comprehensiveness of policerecords.3.While every care has been taken by the Australian Criminal Intelligence Commission (‘ACIC’)to conduct a search of police information held by it and Australian police agencies that relates to the applicant, this nationally coordinated criminal history check may not include all police information about the applicant. Reasons for certain information being excluded from the nationally coordinated criminal history check include the operation of laws that prevent disclosure of certain information, or that the applicant’s record is not identified by the search process across the agencies’ relevant informationholdings.4.This nationally coordinated criminal history Check maycontain any of the following information about anapplicant:(a) charges;(b)courtconvictions;(c) findings of guilt with noconviction;(d)courtappearances;(e)good behaviour bonds or other courtorders;(f)pending matters awaiting courthearing;(g)traffic offence history (‘Disclosable CourtOutcome’).5.If this nationally coordinated criminal history check contains a Disclosable Court Outcome, the entity submitting the application is requiredto:(a)notify the applicant of the nationally coordinated criminal history check;and(b)provide the applicant with a reasonable opportunity to respond to, or validate the information, in the nationally coordinated criminal historycheck.6.To the extent permitted by law, neither the ACIC nor Australian police agencies accept responsibility or liability for any omission or error in the nationally coordinated criminal history check.NATIONALLY COORDINATED CRIMINAL HISTORY CHECK PROCESSThe information in this nationally coordinated criminal history check has been obtained according to the following process:(a)theACICsearchesitsdataholdingsforpotentialmatcheswiththename(s)oftheapplicant;(b)the ACIC and the relevant Australian police agencies compare name matches with police information held in Australian policerecords;(c)the relevant Australian police agency identifies any police information held in its police records and releases the information subject to relevant spent convictions, non-disclosure legislation or information release policies;and(d)the ACIC provides resulting information to the entity submitting theapplication. Annexure A –Identity Proofing Documents and Processes1.Name of person on identitydocuments(a)The identity documents listed in this Annexure must be issued in the name of the person seeking to prove identity or in a former name of thatperson.(b)Where a change of name has occurred and any of the documents listed in this Annexure are provided in a former name, evidence must also be submitted of an Australian Registry of Births, Deaths and Marriages issued change of name certificate or a Australian marriage certificate issued by a State or Territory (this does not include church or celebrant issued certificates).2.Commencement of IdentityDocumentsThe following documents are Commencement of Identity Documents for the purposes of clause 3.5.1(a) of the Contract and must not be expired:(a)a full Australian Birth Certificate (not an extract or birthcard);(b)a current Australian Passport (notexpired);(c)Australian Visa current at time of entry to Australia as resident ortourist;(d)ImmiCard issued by the Department of Immigration and Border Protection that assists the cardholder to prove their visa / migration status and enrol in services;(e)certificate of identity issued by the Department of Foreign Affairs and Trade to refugees and non Australian citizens for entry toAustralia;(f)document of identity issued by the Department of Foreign Affairs and Trade to Australian citizens or persons who possess the nationality of a Commonwealth country, for travel purposes;and(g)certificate of evidence of residentstatus.3.Primary Use in CommunityDocumentThe following documents are Primary Use in Community Documents for the purposes of clause 3.5.1(b) of the Contract and must not be expired:(a)a current Australian driver licence, learner permit or provisional licence issued by a State or Territory, showing signature and/or photo and the same name asclaimed;(b)Australian marriage certificate issued by a State or Territory (this does not include church or celebrant issuedcertificates);(c)a current passport issued by a country other than Australia with a valid visa or valid entry stamp orequivalent;(d)a current proof of age or photo identity card issued by an Australian government agency in your name with photo andsignature;(e)a current shooter or firearm licence showing signature and photo (not minor or junior permit or licence);and(f)for persons aged under 18 with no other Primary Use in Community Documents, a current student identification card with photo orsignature.4.Secondary Use in the CommunityDocumentsThe following documents are Secondary Use in Community Documents for the purposes of clause 3.5.1(c) of the Contract and must not be expired:(a)DFAT issued Certificate ofIdentity;(b)DFAT issued Document ofIdentity;(c)DFAT issued United Nations Convention Travel Document Secondary (Titre deVoyage);(d)Foreign government issued documents (e.g. driverlicences);(e)Medicare Card; (f)Enrolment with the Australian ElectoralCommission;(g)Security Guard/Crowd Control photolicence;(h)Evidence of right to a government benefit (DVA orCentrelink);(i)Consular photo identity card issued byDFAT;(j)Police Force Officer photo identitycard;(k)Australian Defence Force photo identitycard;(l)Commonwealth or state/territory government photo identitycard;(m)Aviation Security IdentificationCard;(n)Maritime Security IdentificationCard;(o)Credit referencecheck;(p)Australian tertiary student photo identitydocument;(q)Australian secondary student photo identitydocument; Annexure B –Protection of Personal Information and Police Information Safeguards1.Introduction(a)In accessing the Service, Legal Entity Customers must implement the security management measures set out in this Annexure Bto ensureagainst:(i)misuse, interference, loss, unauthorised access, modification or disclosure of Applicant’s PersonalInformation;(ii)unauthorised access to and use of theService;(iii)unauthorised access to Police Information in the Service Support National Police Checking Service Support System (NSS);and(iv)loss and unauthorised access, use, modification or disclosure of Police Information stored outside ofNSS.(b)This information is provided to assist Legal Entity Customers understand their obligations and comply with the ACIC’s security management standards.2.Information SecurityPolicy(a)The Legal Entity Customer must develop, document and maintain an Information Security Policy (Policy) that clearly describes how it protects information.(b)The Policy should be supported by the Customer’s senior management and be structured to include any legal framework relevant to the Policy, such as the Australian Crime Commission Act 2002 (Cth) and thisContract.(c)The Policy must include adequate details on how it is enforced through physical, technical and administrative controls, including detailson:(i)the type or class of information that the Policyapplies;(ii)information security roles and responsibilities relating to theService;(iii)security clearance requirements and its Personnel’sresponsibilities;(iv)configuration and changecontrol;(v)technical accesscontrols;(vi)stafftraining;(vii)networking and connections to othersystems;(viii)physical security (including media security);and(ix)incidentmanagement.(d)The Legal Entity Customer’s privacy policy must reference the Policy, in terms of how the Applicant’s Personal Information is held (as per APP 1.4(b)).3.TechnicalAccessThe Legal Entity Customer’s ICT environment must be secured in accordance with the Policy and should:(a)be protected by appropriately configured gateway environment (including firewalls);(b)include technical access controls protecting any National Police Information stored electronically outside of NSS, for example, restricted file system permissions;and(c)maintain a static IP address to avail web services (ifapplicable).4.TechnicalInfrastructure(a)Workstations and server infrastructure involved in the storage or processing of National Police Information and Personal Information should be secured in accordance with the Policy andshould:(i)run current and patched operatingsystems; (ii)run current and patched software, including browsers (N-1 on browsers is acceptable providing patching ismaintained);(iii)have anti-virus software application installed up-to-date virus definition files;and(iv)run application whitelisting software(desirable).(b)Administrative or privileged access to infrastructure is to be minimised and only used when an administrative function isrequired.5.DigitalCertificatesDigital certificates used in the connection to the Service must be managed securely andensure:(a)certificates are not distributed beyond that required forconnection;(b)certificates are only installed on the Legal Entity Customer’s corporate infrastructure (certificates must not be installed on home or personal computers);and(c)passwords relating to certificates are securelystored.6.PasswordpolicySystem accounts that are involved in the storage or processing of National Police Information should be subject to a password policy that sets out:(a)no less than 10 character passwords including a minimum of one numerical and one upper casecharacter;(b)password reset cycle no longer than 90days;(c)users to select strong passwords (avoid dictionarywords);(d)ensure unused accounts are disabled and removed;and(e)computers lock after 15 minutes ofinactivity.7.TrainingAll Legal Entity Customer Personnel involved in storage or processing of National Police Information and Personal Information must be provided with the information security awareness training related to:(a)their responsibilities as defined in thePolicy;(b)what constitutes authorised access to information;and(c)their obligations with regard to reporting of information security issues or incidents.8.IncidentManagementAny information security issues or incidents must be reported immediately to the Accredited Body where the consequence may impact or has impacted on the Accredited Body’s or ACIC systems or information. This includes, but is not limited to, loss or compromise of digital certificates or associated passwords. PayPal Privacy Statement Effective Date: 24 July 2020 
This version: 20-2
Previous version: 120-1   Jump to section: * Overview * What Personal Data Do We Collect? * Why Do We Retain Personal Data? * How Do We Process Personal Data? * Do We Share Personal Data? * How Do We Work with Other Services and Platforms? * How Do We Use Cookies and Tracking Technologies? * What Privacy Choices Are Available To You? * How Do We Protect Your Personal Data? * Can Children Use Our Services? * What Else Should You Know? * Contact Us * Definitions * Additional Information   Overview PayPal has developed this Privacy Statement to explain how we may collect, retain, process, share and transfer your Personal Data when you visit our Sites or use our Services.  This Privacy Statement applies to your Personal Data when you visit Sites or use Services, and does not apply to online websites or services that we do not own or control, including websites or services of other PayPal Users. This Privacy Statement is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Sites and Services.  Please note that our Service offerings may vary by region.  We have defined some terms that we use throughout the Privacy Statement .  You can find the meaning of a capitalized term in the Definitions section. Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Statement. Back to top What Personal Data Do We Collect? The primary purpose for collecting your Personal Data is to provide you with a secure, smooth, efficient, and customised experience.  We may collect information about you when you visit our Sites or use our Services, including the following: * Registration and use information – When you register to use our Services by establishing an Account, we will collect Personal Data as necessary to offer and fulfill the Services you request.  Depending on the Services you choose, we may require you to provide us with your name, postal address, telephone number, email address and identification information to establish an Account.  We may require you to provide us with additional Personal Data as you use our Services. * Transaction and experience information – When you use our Services or access our Sites, for example, to make purchases from merchants, to receive money, to process payments, or to send money to friends and family, we collect information about the transaction, as well as other information associated with the transaction such as amount sent or requested, amount paid for products or services, merchant information, including information about any funding instruments used to complete the transaction, Device Information, Technical Usage Data, and Geolocation Information. * Participant information – When you use our Services or access our Sites, we collect Personal Data you provide us about the other participants associated with the transaction.  * Send or request money:  When you send or request money through the Services, we collect Personal Data such as name, postal address, telephone number, and financial account information about the participant who is receiving money from you or sending money to you.  The extent of Personal Data required about a participant may vary depending on the Services you are using to send or request money.  * Pay or request someone else to pay a bill:  If you use our Services to pay a bill for the benefit of someone else, or if you request a User to pay a bill for you, we collect Personal Data from you about the account holder such as name, postal address, telephone number, email address, and account number of the bill that you intend to pay or request to be paid. * Add value to your accounts:  If you use our Services to add value to your Account or any other account you may have, or if you ask a User to add value to any of these accounts, we may collect Personal Data from you about the other party, or from the other party about you to facilitate the request.  For example, if you use our Services to reload a mobile phone, or to request value be added to your mobile account, we may collect Personal Data and other information including mobile account number from the other participant. * Information about your public profile and your friends and contacts – It may be easier for us to help you transact with your friends and contacts if you choose to connect your contact list information with your Account or if your Account profile is publicly available. If you establish an account connection between your device or a social media platform and your Account, we will use your contact list information (such as name, address, email address) to improve your experience when you use the Services. When your Account profile is public, other users can find your profile to send you money by searching for you by name, username, email, or mobile number on PayPal and confirm it’s you by viewing your photo. You can make your Account profile private anytime in your PayPal.me settings. * Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you.  We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Statement .  * Personal Data about you if you use unbranded Services – certain Services are available without being required to log in to or establish an Account. We will collect Personal Data when you are interacting with and making payments to merchants using our card payment services that do not carry the PayPal brand and when you checkout with PayPal without logging into an account. For our unbranded payment services, your interaction is with the merchant, on their platform. If you are an Account holder, or create an Account at a later date, we may collect information about unbranded transactions and associate them with your Account to improve your customer experience as an Account holder and for compliance and analytics purposes. If you are not an Account holder, we will collect and store all information you provide and use such information in accordance with this Privacy Statement.  * Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, and credit bureaus, where permitted by law.  * Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey. Back to top Why Do We Retain Personal Data? We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes.  We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law.  If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws.  We will continue to use and disclose such Personal Data in accordance with this Privacy Statement. Back to top How Do We Process Personal Data? We may Process your information for the following reasons: * To operate the Sites and provide the Services, including to: * execute a payment, send or request money, add value to an account, or pay a bill; * confirm your identity; * authenticate your access to an Account; * communicate with you about your Account, the Sites, the Services, or PayPal; * create an account connection between your Account and a third-party account or platform; * perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes; and * keep your Account and financial information up to date. * To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites’ performance and functionality.  For example, we analyze User behavior and perform research about the way you use our Services. * To manage risk and protect the Sites, the Services and you from fraud by verifying your identity.   PayPal’s risk and fraud tools use Personal Data, Device Information, Technical Usage Data and Geolocation Information from our sites and websites that offer PayPal Services to help detect and prevent fraud and abuse of the Services. * To market to you about PayPal products and Services and the products and services of unaffiliated businesses.  We may also Process your Personal Data to tailor the marketing content and certain Services or Site experiences to better match your interests on PayPal and other third-party websites. * To provide personalized Services offered by PayPal on third-party websites and online services.  We may use your Personal Data and other information collected in accordance with this Privacy Statement to provide a targeted display, feature, Services or offer to you on third-party websites.  We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as merchants, advertising or analytics companies to provide these online services.  * To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services.  We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalized content.  * To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations. * To make it easier for you to find and connect with others. For instance, if you let us access your contacts or when your Account profile is public, we can suggest connections with people you may know and help others connect with you to send you money by letting them find your profile when they search for you by name, username, email, or mobile number on PayPal. We may also associate information that we learn about you through your and your contacts’ use of the Services, and information you and others provide, to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service. * To respond to your requests, for example to contact you about a question you submitted to our customer service team. Back to top Do We Share Personal Data? We may share your Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Statement.  We may share your Personal Data or other information for the following reasons: With other members of the PayPal corporate family: We may share your Personal Data with members of the PayPal family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of PayPal products, Services, and communications. With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf.  These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support.  With other financial institutions that we have partnered with to jointly create and offer a product or service: We may share Personal Data with other financial institutions that we have partnered with to jointly create and offer a product.  These financial institutions may only use this information to market and offer PayPal-related products, unless you have given consent for other uses. We may also share Personal Data to process transactions, provide you with benefits associated with your eligible cards, and keep your financial information up to date. With the other parties to transactions when you use the Services, such as other Users, merchants, and their service providers: We may share information about you and your Account with the other parties involved in processing   your transactions.  This includes other Users you are sending or receiving funds from, and merchants and their service providers.  The information might include: * Personal Data and Account information necessary to facilitate the transaction; * information to help other participant(s) resolve disputes and detect and prevent fraud; and * aggregated data and performance analytics to help merchants better understand Users and to help merchants enhance Users’ experiences.  With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for PayPal’s business purposes or as permitted or required by law, including: * if we need to do so to comply with a law, legal process or regulations; * to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to PayPal or PayPal’s corporate family; * if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; * to protect the vital interests of a person; * to investigate violations of or enforce a user agreement or other legal terms applicable to any Service; * to protect our property, Services and legal rights; * to facilitate a purchase or sale of all or part of PayPal’s business; * in connection with shipping and related services for purchases made using a Service; * to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants, such as eBay, Inc.; * to banking partners as required by card association rules for inclusion on their list of terminated merchants; * to credit reporting and collection agencies; * to companies that we plan to merge with or be acquired by; and * to support our audit, compliance, and corporate governance functions. With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform.  In addition, PayPal may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services.  This data will not personally identify you or provide information about your use of the Sites or Services.  We do not share your Personal Data with third parties for their marketing purposes without your consent. Back to top How Do We Work with Other Services and Platforms? A significant benefit and innovation of PayPal’s Services is that you can connect your Account with a third-party account or platform.  For the purposes of this Privacy Statement, an “account connection” with such a third-party is a connection you authorize or enable between your Account and a non-PayPal account, payment instrument, or platform that you lawfully control or own.  When you authorize such a connection, PayPal and the third-party will exchange your Personal Data and other information directly.  Examples of account connections include: * linking your Account to a social media account or social messaging service; * connecting your Account to a third-party data aggregation or financial services company, if you provide such company with your Account log-in credentials; or * using your Account to make payments to a merchant or allowing a merchant to charge your Account. If you choose to create an account connection, we may receive information from the third-party about you and your use of the third-party’s service.  For example, if you connect your Account to a social media account, we will receive Personal Data from the social media provider via the account connection.  If you connect your Account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and transactional information, such as purchases and funds transfers.  We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Privacy Statement.  Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices.  Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your Personal Data as part of the account connection.  For example, Personal Data that PayPal shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices. Back to top How Do We Use Cookies and Tracking Technologies? When you visit our Sites, use our Services, or visit a third-party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services.  Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible.  Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties.  We do not respond to DNT signals. Please review our Statement on Cookies and Tracking Technologies to learn more about how we use Cookies. Back to top What Privacy Choices Are Available To You? You have choices when it comes to the privacy practices and communications described in this Privacy Statement.  Many of your choices may be explained at the time you sign up for or use a Service or in the context of your use of a Site.  You may be provided with instructions and prompts within the experiences as you navigate the Services.  * Choices Relating to the Personal Data We Collect * Personal Data.  You may decline to provide Personal Data when it is requested by PayPal, but certain Services or all of the Services may be unavailable to you.  * Location and other device-level information.  The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that PayPal may then collect and use.  For information about your ability to restrict the collection and use of such information, please use the settings available in the device.  * Choices Relating to Our Use of Your Personal Data * Online Tracking and Interest-Based Advertising.  We work with partners and third-party service providers to serve you advertising using ad-related cookies and web beacons.  You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you.  You will continue to see our advertising on third party websites.  * For more information on third-party advertising-related cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit Your Ad Choices. * Personalized Services offered by PayPal on third-party websites and services.  You may manage your preferences for other PayPal Services that are personalized and offered to you on third-party websites from your Account.  We may also provide you with instructions and prompts on how to manage your preferences within the Service experience. * Finding and connecting with others.  If available, you may manage your preferences for finding and connecting with others from your account of the Service you use. * Choices Relating to Account Connections * If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform.  Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have. * Choices Relating to Cookies * You may have options available to manage your cookies preferences.  For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies.  You can learn more by visiting AboutCookies.org.  You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site. * You may have an option regarding the use of cookies and other tracking technologies when you use a Service or visit parts of a Site.  For example, you may be asked if you want the Service or Site to “remember” certain things about you, and we will use cookies and other tracking technologies to the extent that you permit them. * You can learn more about our cookies and tracking technologies by visiting the Statement on Cookies and Tracking Technologies page. * Choices Relating to Your Registration and Account Information * If you have an Account, you generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact us if you do not have an Account or if you have questions about your Account information or other Personal Data. * Choices Relating to Communication * Notices, Alerts and Updates from Us:   * Marketing: We may send you marketing content about our Sites, Services, products, products we jointly offer with financial institutions, as well as the products and services of unaffiliated third parties and members of the PayPal corporate family through various communication channels, for example, email, text, pop-ups, push notifications, and messaging applications.  You may opt out of these marketing communications by following the instructions in the communications you receive.  If you have an Account with us, you may also adjust your communication preferences in your Account settings.  For messages sent via push notifications, you may manage your preferences in your device.  * Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us.  You may not opt out of receiving these communications.  However, you may be able to adjust the media and format through which you receive these notices. Back to top How Do We Protect Your Personal Data? We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration.  The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls.  While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current.  We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized. Back to top Can Children Use Our Services? The Sites and Services are not directed to children under the age of 13.  We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services.  If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13. Back to top What Else Should You Know? Changes to This Privacy Statement.  We may revise this Privacy Statement from time to time to reflect changes to our business, the Sites or Services, or applicable laws.  The revised Privacy Statement will be effective as of the published effective date.  If the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the “Policy Update” page of our website.  We also may notify Users of the change using email or other means.  Transfers of Your Personal Data to Other Countries Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.  We and our third-party service providers store and Process your Personal Data in the United States of America and elsewhere in the world.  We will protect your information as described in this Privacy Statement if your Personal Data is transferred to other countries.  By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country.  We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction. Back to top Contact Us You may contact us if you have general questions about our Privacy Statement and practices or questions about your Account information or Personal Data.  We want to make sure your questions go to the right place: * Click here to contact us about your PayPal account or transaction, or a card payment made to a merchant. Alternatively, you can contact us at: 
Handling your complaints We aim to: * Acknowledge receipt of all complaints within 5 business days. * Resolve all complaints within 45 days.  This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.  We are a member of the Australian Financial Complaints Authority (“AFCA”), an independent external dispute resolution scheme covering applicable Australian customers.  For more information on AFCA, please visit www.afca.org.au.  If you are not satisfied with the outcome of your complaint, you may wish to contact the AFCA on:   You may also contact the Office of the Australian Information Commissioner (“OAIC”) in relation to the handling of your personal information. You may contact OAIC on: Back to top Definitions Account means a PayPal member account. Device Information means data that can be automatically collected from any device used to access the Sites or Services.  Such information may include, but is not limited to, your device type; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device; and biometric data (e.g., Touch ID/Fingerprint to verify your identity).  Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation.  Some of our Services may ask you for permission to share your current location.  Some of the Sites and Services require this information to provide a specific product or online Service.  If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them.  PayPal means PayPal Australia Pty Ltd ABN 93 111 195 389, AFSL 304962 and subsidiaries or affiliates.  In this Privacy Statement, PayPal is sometimes referred to as “we,” “us,” or “our,” depending on the context. Personal Data means information that can be associated with an identified or identifiable person.  “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver’s licence number, national ID, or passport).  Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data. Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by PayPal.  Sites means the websites, mobile apps, official social media platforms, or other online properties through which PayPal offers the Services and which has posted or linked to this Privacy Statement. Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services.  Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies.  User means an individual who uses the Services or accesses the Sites. Back to top Additional Information The information provided in this section may be specific to customers depending on your region or how you use the Services. This information is provided to PayPal from third parties you may interact with when using the Services. Google ReCaptcha PayPal uses ReCaptcha on the Sites and Services. Your use of ReCaptcha is subject to the Google Privacy Policy and Terms of Use. ReCaptcha is only used to fight spam and abuse. Adobe Acrobar Reader Software License Agreement Please read this agreement carefully. By installing, copying, distributing, or using all or any portion of this Software (as defined below), you (hereinafter “Customer”, as defined below) accept all the terms and conditions of this agreement. If you do not agree to the terms of this agreement, you are not permitted to use the Software. The Software is licensed, not sold, only in accordance with the terms of this agreement. 1. Definitions. 1.1 “Adobe,” “us,” or “our” means Adobe Inc., a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if this agreement is entered into while you are in the United States, Canada, or Mexico; otherwise, it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Saggart, Dublin 24, Ireland. 1.2 “Adobe Online Services” means the content and services that are hosted on websites, or otherwise hosted by Adobe or Adobe’s affiliates. 1.3 “Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications, that conforms to the system requirements of the Software as specified in the Documentation. 1.4 “Customer” or “you” means you and any legal entity that obtained the Software and on whose behalf it is used; for example, and as applicable, your employer. 1.5 “Documentation” means the technical usage guidelines and descriptions of the Software published by Adobe. “Documentation” does not include any forum or content by any third party. 1.6 “Software” means all software files, data, information, content, fonts, and documents provided to you by Adobe with or in connection with this agreement, and any modified versions and copies of, and upgrades, updates, and additions to such information, provided to you by Adobe at any time, to the extent not provided under separate terms (collectively, “Updates”). 1.7 “Software Integration” means a unique product offering which combines the Software with an additional product, service or plugin. 1.8 “Use” means to access, install, download, or otherwise benefit from using the functionality of the Software. 2. Software License. 2.1 License Grant. If you obtained the Software from Adobe or one of its authorized licensees, and subject to your compliance with the terms of this agreement, including the restrictions in Section 3, Adobe grants to you a non-exclusive license to Use the Software in a manner consistent with its design and intended purpose. 2.2 General Use. You may install and Use one copy of the Software on your Computer. See Section 3 for restrictions on the Use of the Software. 2.3 Server Use. This agreement does not permit you to install or Use the Software on a server. 2.4 Distribution. This license does not grant you the right to sublicense or distribute the Software. 2.5 Software Integration. The Software may be provided to you as part of a Software Integration and your use of the Software Integration is subject to any applicable additional terms. 2.6 Availability Limitation. The Software might not be available in all languages or to residents of all countries. 3. Restrictions and Requirements. 3.1 Use Obligations. You agree that you will not use the Software other than as permitted by this agreement and that you will not use the Software in a manner inconsistent with its design or Documentation. You will not use or offer the Software on a service bureau basis. Section 10.3 provides a limited exception for font software only. 3.2 Integration Restrictions. You will not integrate or use the Software with any other software, plug-in, or enhancement unless we provide or expressly authorize the integration. 3.3 Plug-in Restrictions. You will not integrate or use the Software with any plug-in software not provided by or previously approved by Adobe. 3.4 Disabled Features. The Software may contain features or functionalities that are hidden or appear disabled or “grayed out” (collectively, “Disabled Features”). Disabled Features will activate only when you open a PDF document that was created using enabling technology available only from Adobe. You will not access, or attempt to access, any Disabled Features by means other than the use of such enabling technologies, nor will you rely on the Software to create a feature substantially similar to any Disabled Feature or otherwise circumvent the technology that controls activation of any such feature. 3.5 Notices. You will not alter or remove any copyright or other proprietary notice that appears on or in the Software. 3.6 No Modification or Reverse Engineering. You will not modify, adapt, translate, or create derivative works based upon the Software. You will not reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. If you are located in the European Union, please refer to the additional terms in Section 19. 4. No Transfer. You will not rent, lease, sell, sublicense, assign, or transfer your rights in the Software, or authorize any portion of the Software to be copied onto another individual or legal entity’s Computer except as may be expressly permitted herein. 5. Intellectual Property Ownership, Reservation of Rights. The Software is the intellectual property of Adobe and its suppliers. The structure, organization, and code of the Software are the valuable intellectual property (e.g., trade secrets and confidential information) of Adobe and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights to the Software, and all rights not expressly granted are reserved by Adobe and its suppliers.   6. Feedback. You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”).  If you choose to submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. 7. Internet Connectivity and Privacy. 7.1 Automatic Connections to the Internet. The Software may cause your Computer, without notice, to automatically connect to the Internet and to communicate with an Adobe website or Adobe domain for purposes such as providing you with additional information, features, or functionality. Unless otherwise specified in this Section, the following provisions apply to all automatic Internet connections by the Software: 7.2 Collection of Information. Whenever the Software connects to Adobe over the Internet, certain information is collected and transmitted by the Software to Adobe pursuant to the Adobe Online Privacy Policy available at http://www.adobe.com/go/privacy (“Privacy Policy”), which may be updated from time to time. 7.3 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display dynamic content, your Computer may connect to a website operated by Adobe, an advertiser, or other third party. The party hosting the site may use technology to send or serve content that appears in or near the opened PDF file. The website operator may use JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of and to personalize the content. Adobe may not have access to or control over features that a third party may use, and the information practices of third-party websites are not covered by the Privacy Policy. 7.4 Updating. We may modify, update, or discontinue the Software (including any portions or features) at any time, without liability to you or anyone else.  The Software may cause your Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to: (a) check for Updates that are available for download and installation on the Computer; (b) automatically download and install Updates; and (c) notify Adobe of the results of installation attempts. These updates may take the form of bug fixes, new features, or new versions. You agree to receive such updates from Adobe as part of your use of the Software. 7.5 Digital Certificates. The Software uses digital certificates (as described in Section 9) to help you identify downloaded files (e.g., applications and content), to sign and validate signatures within Portable Document Format (“PDF”) documents, and to validate certified PDF documents. Your Computer may connect to the Internet in connection with the validation of a digital certificate. 7.6 Desktop Application Usage Data. You have the option to share information with us about how the use of our desktop applications. Where permitted by law, this option is turned on by default, and the information is associated with your Adobe account. This information allows us to provide you with a more personalized experience and helps us to assess our offerings and develop, modify, improve, support, customize, and operate our Products and Services based on your use, as applicable, of any Products and Services. You can change your preference any time on your Adobe Account Management page. To learn more about desktop application usage data, go to https://helpx.adobe.com/x-productkb/global/desktop-app-usage-information-faq.html, or successor website. 7.7 Use of Adobe Online Services.  If your Computer is connected to the Internet, the Software may, without additional notice, facilitate your access to certain Adobe Online Services. Unless you are provided with separate terms of use at the time of accessing such Adobe Online Services, the Adobe.com Terms of Use (http://www.adobe.com/go/terms) will apply. In some cases, an Adobe Online Service might appear as a feature or extension within the Software even though it is hosted on a website. Access to an Adobe Online Service might require a separate subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was previously offered at no charge. If your Computer is connected to the Internet, the Software may, without additional notice, update downloadable materials from these Adobe Online Services so as to provide immediate availability of these Adobe Online Services even when you are offline. The Adobe Online Services might not be available in all languages or to residents of all countries, and Adobe may, at any time and for any reason, modify or discontinue the availability of any Adobe Online Services. 8. Third-Party Offerings. 8.1 Third-Party Offerings. The Software may allow you to access and interoperate with third-party content, software applications, and data services (“Third-Party Offerings”). Your access to and use of any Third-Party Offering, including any goods, services, or information, is governed by the terms and conditions respecting such offerings and by the copyright laws of the United States and other countries. Third-Party Offerings are not owned or provided by Adobe. You agree that you will not use any such Third-Party Offerings in violation of copyright laws of the United States or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the availability of any Third-Party Offerings. Adobe does not control, endorse, or accept responsibility for Third-Party Offerings. Any dealings between you and any third party in connection with any Third-Party Offerings, including such party’s privacy policies and use of your personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. Third-Party Offerings might not be available in all languages or to residents of all countries, and Adobe or the third party may, at any time and for any reason, modify or discontinue the availability of any Third-Party Offerings. Notices about some third-party materials are available at http://www.adobe.com/go/thirdparty. 8.2 EXCEPT AS EXPRESSLY AGREED UPON BY ADOBE IN A SEPARATE AGREEMENT, YOUR USE OF ADOBE AND THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK. 9. Digital Certificates. 9.1 Use. Digital certificates are issued by third-party certificate authorities, (collectively “Certificate Authorities”), or can be self-signed. 9.2 Terms and Conditions. Purchase, use, and reliance upon digital certificates is the responsibility of Customer and a Certificate Authority. Before you rely upon any certified document, digital signature, or Certificate Authority services, you should review the applicable terms and conditions under which the relevant Certificate Authority provides services, including, for example, any subscriber agreements, relying party agreements, certificate policies, and practice statements. 9.3 Acknowledgement. You agree that: (a) the Software, due to configuration or external issues, might show a signature as valid despite the fact a digital certificate may have been revoked or expired prior to the time of verification; (b) the security or integrity of a digital certificate may be compromised due to an act or omission by the signer of the document, the applicable Certificate Authority, or any other third party; and (c) a certificate may be a self-signed certificate not provided by a Certificate Authority. You are solely responsible for deciding whether or not to rely on a certificate. Unless a separate written warranty is provided to you by a Certificate Authority, your use of digital certificates is at your sole risk. 9.4 Third-Party Beneficiaries. You agree that any Certificate Authority which you rely upon is a third-party beneficiary of this agreement and has the right to enforce this agreement in its own name as if it were Adobe. 9.5 Indemnity. You agree to hold Adobe and any applicable Certificate Authority (except as expressly provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys’ fees) arising out of or relating to your use of, or any reliance on, any service of such authority, including, without limitation: (a) reliance on an expired or revoked certificate; (b) improper verification of a certificate; (c) use of a certificate other than as permitted by any applicable terms and conditions, this agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates; or (e) failure to perform any of the obligations as required in the terms and conditions related to the services. 10. Font Software. 10.1 If included with or accessible through the Software, you may use the font software with the Software on your Computer and output the font software to any output device(s) connected to such Computer. 10.2 You may download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such Computers for the purpose of having the font software remain resident in such output device. 10.3 You may take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service bureau may use the font(s) to process its file, provided such service bureau has a valid license to use that particular font software. 10.4 You may embed copies of the font software into its electronic documents for the purpose of printing, viewing, and editing the document. No other embedding rights are implied or permitted under this license. 10.5 As an exception to the above, the fonts listed at http://www.adobe.com/go/restricted_fonts are included with the Software only for purposes of operation of the Software user interface and not for inclusion within any output files. Such listed fonts are not licensed under this Section. You agree that you will not copy, move, activate or use, or allow any font management tool to copy, move, activate, or use, such listed fonts in or with any software application, program, or file other than the Software. 11. Disclaimer of Warranties. 11.1 THE SOFTWARE IS PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADOBE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ADOBE FURTHER DISCLAIMS ANY WARRANTY THAT (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 11.2 ADOBE SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS RESULTING FROM YOUR USE OF THE SOFTWARE. YOU MAY USE AND ACCESS THE SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO THE SOFTWARE. 12. Limitation of Liability. 12.1 ADOBE IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHATSOEVER,  AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, REGARDLESS OF CAUSE (EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGES), INCLUDING LOSSES AND DAMAGES (A) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE; (B) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION; OR (C) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SOFTWARE. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ADOBE’S LIABILITY FOR GROSS NEGLIGENCE, FOR ADOBE’S, OR ITS EMPLOYEES’, INTENTIONAL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY. 12.2 ADOBE’S TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO THE AMOUNTS PAID UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OR SOURCE OF CLAIM OR LOSS, WHETHER THE CLAIM OR LOSS WAS FORESEEABLE, AND WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE CLAIM OR LOSS. 12.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.   13. Survival.   Upon the expiration or termination of this agreement, the Software may cease to operate without prior notice.  Your indemnification obligations, Adobe’s warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in this agreement will survive.   14. Termination.   You and Adobe will each have the right to terminate this Agreement for any reason or no reason upon providing at least thirty (30) days’ prior written notice. Effective upon termination, you will immediately cease your use of the Software and will destroy (at Adobe’s request) your copy of the Software. All licenses granted to you by Adobe will immediately cease upon termination. 15. Export Rules. The Software and your use of the Software are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software. You agree to comply with all such laws, restrictions, and regulations. 16. Governing Law and Dispute Resolution. 16.1 If you reside in North America, your relationship is with Adobe Inc., a United States company, and this agreement is governed by the laws of California, U.S.A. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and this agreement is governed by the laws of Ireland. If you are in Australia, Adobe Systems Software Ireland Limited is acting as an authorized agent of Adobe Australia Trading Pty Ltd. and is entering into this contract in its capacity as agent for Adobe Australia Trading Pty Ltd. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited by law. This agreement will not be governed by the following, the application of which is hereby expressly excluded: (a) the conflict of law rules of any jurisdiction; (b) the United Nations Convention on Contracts for the International Sale of Goods; and (c) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Notwithstanding the foregoing, in the event of Customer or others’ unauthorized access to or use of the Software in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 16.2 For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, Customer or Adobe must resolve any claims relating to these terms or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. 16.3 If you reside in the Americas, JAMS will administrate the arbitration in Santa Clara County, California, pursuant to its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties. 17. Notice to U.S. Government End Users. For U.S. Government end users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended; Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212); Section 503 of the Rehabilitation Act of 1973, as amended; and the regulations in 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this agreement. 18. Compliance with Licenses. If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized representative, you will, within thirty (30) days, fully document and certify that use of the Software at the time of the request is in conformity with the licenses granted herein. 19. No Prejudice; European Economic Area Provisions; Australia Mandatory Notice. 19.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the Software for personal, domestic, or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act. 19.2 Nothing included in this agreement (including Section 3.6) limits any non‑waivable right to decompile the Software that you may enjoy under applicable law. For example, if you are is located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked Adobe in writing to provide the information necessary to achieve such operability and Adobe has not made such information available. In addition, such decompilation may only be performed by you or someone else entitled to use a copy of the Software on your behalf. Adobe has the right to impose reasonable conditions before providing such information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of Adobe or its licensors. 19.3 If you obtain the Software in Australia, then the following provision applies, notwithstanding anything stated to the contrary in this agreement: NOTICE TO CONSUMERS IN AUSTRALIA: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 20. Limitation of Liability for Users Residing in Germany and Austria. 20.1 IF YOU OBTAINED THE SOFTWARE IN GERMANY OR AUSTRIA, AND YOU USUALLY RESIDE IN THAT COUNTRY, THEN SECTION 12 DOES NOT APPLY. INSTEAD, SUBJECT TO THE PROVISIONS IN SECTION 20.2, ADOBE’S STATUTORY LIABILITY FOR DAMAGES WILL BE LIMITED AS FOLLOWS: (A) ADOBE WILL BE LIABLE ONLY UP TO THE AMOUNT OF DAMAGES AS TYPICALLY FORESEEABLE AT THE TIME OF ENTERING INTO THE LICENSE AGREEMENT, WITH RESPECT TO DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A MATERIAL CONTRACTUAL OBLIGATION; AND (B) ADOBE WILL NOT BE LIABLE FOR DAMAGES CAUSED BY A SLIGHTLY NEGLIGENT BREACH OF A NON-MATERIAL CONTRACTUAL OBLIGATION. 20.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act, liability for assuming a specific guarantee, or liability for culpably caused personal injuries. 20.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of your computer data, subject to the provisions of this agreement.   21. Updates and Availability. 21.1 Updates to this Agreement. We may modify this Agreement, for example, to reflect changes to the law or changes to our Software. You should look at this Agreement regularly. We will post notice of modifications to this Agreement on this page. By continuing to use the Software after the revisions are in effect, you agree to be bound by the revised terms of the updated Agreement. 22. Miscellaneous. 22.1 English Version. The English version of this agreement will be the version used when interpreting or construing the terms of this agreement. 22.2 Headings. Headings used in this agreement are provided for convenience only and will not be used to construe meaning or intent. 22.3 Severability. If any provision of this agreement is held invalid or unenforceable for any reason, this agreement will continue in full force and effect.   22.4 No Waiver. Our failure to enforce or exercise any provision of this agreement is not a waiver of that provision. Adobe, Acrobat, and Reader, are either registered trademarks or trademarks of Adobe in the United States and/or other countries.     Reader_EULA_en_US_20181207 MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX SOFTWARE DEVELOPMENT KIT (SDK) These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft • updates, • supplements, • Internet-based services, and • support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. a. Installation and Use. You may install and use any number of copies of the software on your devices. b. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them. 2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to www.microsoft.com/permission to learn whether that use is allowed. b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” • DIRECTX REDIST.TXT Files. You may copy and distribute the object code form of code listed in DIRECTX REDIST.TXT files. • Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample”, as well as those marked as follows: \Utilities\bin\x86\dxerr \Utilities\bin\x64\dxerr \Utilities\bin\x86\dxtex \Utilities\bin\x64\dxtex \Utilities\bin\x86\DxViewer \Utilities\bin\x64\DxViewer \Utilities\bin\x86\GDFTrace \Utilities\bin\x64\GDFTrace \Utilities\bin\x86\MeshConvert \Utilities\bin\x64\MeshConvert \Utilities\Source\Sas \Utilities\Source\Effects11 • Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must • add significant primary functionality to it in your programs; • require distributors and external end users to agree to terms that protect it at least as much as this agreement; • display your valid copyright notice on your programs; and • indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not • alter any copyright, trademark or patent notice in the Distributable Code; • use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; • distribute Distributable Code to run on a platform other than the Windows, Xbox and Windows Mobile platforms; • include Distributable Code in malicious, deceptive or unlawful programs; or • modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that • the code be disclosed or distributed in source code form; or • others have the right to modify it. 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not • disclose the results of any benchmark tests of the software to any third party without Microsoft’s prior written approval; • work around any technical limitations in the software; • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; • make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; • publish the software for others to copy; • rent, lease or lend the software; or • use the software for commercial software hosting services. 4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 9. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DIRECTX END USER RUNTIME These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft * updates, * supplements, * Internet-based services, and * support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not * work around any technical limitations in the software; * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; * publish the software for others to copy; * rent, lease or lend the software; * transfer the software or this agreement to any third party; or * use the software for commercial software hosting services. 3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 8. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. 1form Privacy & Tenant Declaration 1. Privacy - 1form Current application: 1form collects the information you have entered into our system and discloses it to the real estate agent/manager (or their inspection scheduling service provider) for the current application (and may so the same for future applications). Future applications: 1form may also use your personal information to promote the services of 1form, its related parties and selected third parties. Other use(s) and disclosure(s): 1form's Collection Statement and Privacy Policy further explains how 1form collects, uses and discloses personal information and how to access, correct or complain about the handling of personal information. 2. Privacy - agent/manager Assessing your application: The personal information received by the agent/manager may be used for the purposes of identifying you and assessing your application. Other use(s) and disclosure(s): The agent/ manager may also use or disclose your personal information to: (a) assess your application information (e.g. contacting the landlord, your referees, etc.); (b) assess your tenancy history (e.g. contacting bond authorities, financial institutions, tenancy databases, etc.); (c) schedule your inspections (e.g. contacting scheduling providers); (d) document and register your lease (e.g. contacting lawyers, tenancy databases, real estate institutes, etc.); (e) help you move in and get connected (e.g. contacting tradespeople, connections services, utilities providers, etc.); and (f) perform other services or activities. Agent/manager privacy policy: The agent/manager may have its own privacy policy. You may request this from the agent/manager directly. 1form does not control the agent/manager or third parties: The agent/manager is separate from 1form, so 1form cannot and does not control the agent's/manager's processes or actions. Likewise, 1form and the agent/manager do not control third parties who may receive information. Contacting the agent/manager: If you have any query, concern or special requirements about how the agent/manager will use or disclose your personal information (or how it has used or disclosed your personal information), you should contact the agent/manager directly. You should also contact the agent/manager directly if you wish to access, correct or delete the information held by them. Limiting use of your personal information: You can ask to limit how your information is used and/or disclosed. If your personal information is not provided to the agent/manager and/or you do not consent to the use of your personal information as specified above, the agent/manager may not be able to assist you with your application. 3. Your declaration By submitting your application, you acknowledge and agree that: (a) (you are applying for the Property) you are applying to lease the property listed on the application (Property) and you offer to rent the Property under a lease or rental agreement prepared on behalf of the Property owner; (b) (you've told the truth) everything you have said and submitted in the application is true and up to date and you have not omitted any detail that might be relevant to assessing the application; (c) (the truth is important) the agent/manager and Property owner rely on you telling the truth; (d) (it's the Property owner's call) your application is subject to the Property owner's approval and the availability of the Property; (e) (others named in the application have consented) where you have provided information identifying another person in this application, that person consents to the information being submitted; (f) (the application may take time) it may take time to process your application (two business days or more); (g) (you understand the rental agreement) you have been given an opportunity to review the lease or rental agreement and get advice or ask a question about any issue or aspect that you do not understand; (h) (you will pay the rent and bond) you are able to pay the advertised rent and bond for the Property and will be able to do so for the life of the rental agreement; (i) (defaults will have consequences) if you default under a rental agreement, the agent/manager may (subject to the law) terminate the lease and may disclose details of any such default to any person whom the agent/manager reasonably considers has an interest in receiving such information; (j) (1form is not the agent/manager) you acknowledge that 1form does not and cannot control the agent or property manager and you will not hold 1form responsible for actions or omissions outside 1form's control; and (k) (you've double checked key details) you have reviewed, checked and approved the email address of the agent/manager; (l) (you authorise 1form to send the application) you authorise 1form to send the application and its contents as described by 1form. 4. Tenancy Database The agent/manager may utilise any of the following residential tenancy database companies to check the tenancy history of applicants. If you wish to contact these organisations, their details are below: Equifax's National Tenancy Database 1300 563 826 www.tenancydatabase.com.au TICA 1902 220 346 www.tica.com.au RP DATA 1300 734 318 www.rpdata.com BARCLAY MIS 1300 883 916 www.barclaymis.com.au TRA 02 9363 9244 www.tradingreference.com I acknowledge that I have chosen of my own free will to send my application to the agent/landlord/property manager listed in this application and their associated principals, agents and employees. I also acknowledge that I have reviewed, checked and approved the email address of the intended recipient being the agent/landlord/property manager and their associated principals, agents and employees and authorise 1form.com to send all of the details contained in this application, including any documents that I attach, to this email address for the purposes of making an application for tenancy. I acknowledge that once the information contained in this application has been sent to this email address, that 1form.com in no circumstance shall be liable for any damages arising out of or in any way connected with the manner in which this information is used. I also acknowledge that in no circumstance shall 1form.com be liable for any damages arising out of or in any way connected with my use of 1form.com and its associated websites. END USER LICENSE AGREEMENT FOR EXAMSOFTWARE WORLDWIDE, INC. This Exam Taker License Agreement (“Agreement”) is a legal agreement between you, the end user (hereinafter “you” or the “Exam Taker”) and ExamSoft Worldwide, Inc., a Delaware corporation, or its assigns (hereinafter “ExamSoft”) concerning your limited use of certain ExamSoft software application(s) and related online or electronic user documentation (collectively, the “SOFTWARE”). This Agreement affects your rights and you should read it carefully. We encourage you to retain a copy of this Agreement for your reference. By installing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, or use the SOFTWARE. please indicate your agreement to this Agreement by CLICKING THE “I AGREE” BUTTON BELOW. If YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL OR USE THE SOFTWARE AND SHOULD EXIT NOW. 1. GRANT OF LICENSE: Unless otherwise agreed to in writing, ExamSoft hereby grants Exam Taker the non-exclusive, non-transferable right to use the SOFTWARE on a single computer until the expiration date displayed on SOFTWARE’S start window following registration. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. 2. UPGRADES: During the term of this Agreement, Exam Taker is entitled to any version-specific upgrades to the SOFTWARE. Full version upgrades may be provided to Exam Taker at the sole discretion of ExamSoft. 3. PROPRIETARY RIGHTS: Copyright. All title and copyrights in and to the SOFTWARE (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), the accompanying media and printed materials, and any copies of the SOFTWARE are owned by ExamSoft or its Licensors. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, Exam Taker must treat the SOFTWARE like any other copyrighted material, subject to the provisions of this Agreement. Other Intellectual Property Rights. No license, right, title, or interest in any ExamSoft trademark, service mark, trade name, trade dress, patent, or design patent is granted hereunder. Exam Taker shall not remove, obliterate or cancel from view any copyright, trademark, patent or other proprietary rights notice appearing on or embedded in the SOFTWARE. 4. NON-PERMITTED USES: Unless enforcement of this provision is prohibited by applicable law, Exam Taker shall not modify, decompile, imitate, copy, emulate, translate, disassemble, decrypt, extract, or otherwise reverse engineer the SOFTWARE or attempt to create derivative works or disable any of the SOFTWARE’s licensing or control features. Exam Taker shall not attempt to circumvent, defeat, or disable any security feature of the SOFTWARE. Exam Taker shall not introduce any programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the SOFTWARE or any of ExamSoft’s hosted applications/services. Exam Taker shall not use SOFTWARE in a ‘Virtual Machine’ environment (e.g. Virtual PC and VM Ware). Exam Taker is permitted to install and use the SOFTWARE on a dual-boot computer; however, Exam Taker must utilize the SOFTWARE on a single operating system. Exam Taker shall not re-boot the dual-boot computer to any operating system other than the operating system supporting the SOFTWARE at any time during the administration of any exam. Exam Taker shall not probe, scan, penetrate, or test the vulnerability of the SOFTWARE or any of ExamSoft’s hosted applications/services. Exam Taker shall also not breach the SOFTWARE’S security or authentication measures, or any of ExamSoft’s hosted applications/services, whether actively or passively. Exam Taker may not allow concurrent use of the SOFTWARE or allow access to another person. Rights granted to Exam Taker may not be transferred, rented, or leased to others, nor may the Exam Taker grant a security interest in such rights to another. Exam Taker shall not impersonate or misrepresent ExamSoft, an ExamSoft employee, another exam taker, or any other person or entity (including without limitation, by using email addresses associated with any of the foregoing). 5. NO WARRANTY: THIS SOFTWARE AND ANY ACCOMPANYING FILES ARE LICENSED TO EXAM TAKER “AS IS” AND WITH ALL FAULTS. EXAMSOFT AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OF THE SOFTWARE OR RESULTS EXAM TAKER MAY OBTAIN USING THE SOFTWARE OR ACCOMPANYING FILES. EXAMSOFT AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MOREOVER, EXAMSOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY ISSUES ASSOCIATED WITH POST-EXAM ANSWER PROCESSING OR HANDLING, INCLUDING ANY IMPACT ON EXAM RESULTS. 6. LIMITATION OF LIABILITY: EXAM TAKER’S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE A DOLLAR AMOUNT UP TO THAT PORTION OF THE LICENSE FEE THAT RELATES DIRECTLY TO THE SOFTWARE LICENSE, EXCLUDING ANY PORTION OF SUCH LICENSE FEE THAT RELATES TO THIRD-PARTY OR ADMINISTRATIVE SERVICES (E.G., PRINTING, SITE SUPPORT). OTHER THAN AS DESCRIBED HEREIN, IN NO EVENT SHALL EXAMSOFT BE LIABLE FOR ANY CLAIM FOR ACTUAL OR DIRECT DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT. FURTHER, EXAMSOFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE OR ANY OTHER CLAIM ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, UNFAIR BUSINESS PRACTICES, BREACH OF CONTRACT, OR UNJUST ENRICHMENT. 7. COMPLIANCE WITH INSTRUCTIONS: Exam Taker agrees that the computer and operating system onto which the SOFTWARE is to be installed complies with the minimum system requirements for the SOFTWARE. Exam Taker further agrees to follow and perform all installation and use procedures in accordance with the instructions included with the SOFTWARE or provided by the exam administrator. ExamSoft reserves the right to update the version of the SOFTWARE available for use by Exam Taker at any time, including automatically updating Exam Taker’s installed version of the SOFTWARE. 8. INFORMATION GATHERED: For purposes of support, accountability, quality control, and exam-related assistance, ExamSoft shall have the right to collect certain information, whether from Exam Taker or exam administrator (including, but not limited to, photograph, IP address, name, email, user ID, makes and models of computers used by Exam Taker, types and versions of software used by Exam Taker, security and software performance information, log files and software usage patterns such as keystroke data), necessary to provide Exam Taker with services allowing Exam Taker to participate in the applicable examination(s). ExamSoft shall perform such examination administration and related data collection pursuant to ExamSoft’s agreement with educational institution or certifying board. Personally identifiable information, including Exam Taker’s exam questions and answers, will be kept confidential and shall be considered the property of the administrator of the exam, and any questions regarding its existence, details, or use should be directed to the administrator of the exam. 9. RELATIONSHIP: Other than the license granted to Exam Taker hereunder, which permits Exam Taker certain limited use of the SOFTWARE, there is no relationship or contract between ExamSoft and the Exam Taker. ExamSoft has no responsibility whatsoever to Exam Taker with regard to any exams or exam results, and all inquiries regarding the exam and exam results should be directed to the administrator of the exam. Exam Taker agrees that ExamSoft shall have no obligation to provide Exam Taker with any information concerning the SOFTWARE or any particular exam or answer thereto. 10. TERMINATION: Without prejudice to any other rights, ExamSoft may terminate this agreement if Exam Taker fails to comply with the terms and conditions of this Agreement. In such event, Exam Taker must destroy all copies of the SOFTWARE and all of its component parts, and ExamSoft may suspend or deactivate Exam Taker’s use of the SOFTWARE without notice. Any activities of Exam Taker giving rise to the termination of Exam Taker’s use of SOFTWARE shall be reported to the respective exam administration authorities. 11. GOVERNING LAW AND ARBITRATION: Except as otherwise provided, any claim, demand, dispute or controversy of any kind or nature between the parties hereto arising out of or relating to this Agreement, its construction, interpretation, performance or alleged breach (any “Claim”) shall be governed by, and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Further, any Claim (except as discussed below) that is not otherwise settled by agreement of the parties shall be resolved by binding bi-lateral arbitration. ExamSoft does not consent to any class arbitration or representative arbitration proceeding. Licensee and ExamSoft waive any right to arbitrate any dispute or to pursue relief against the other in a class arbitration or other representative proceeding, and agree that each may bring claims against the other only in an individual capacity. Further, unless ExamSoft and Licensee agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Any decision rendered in such arbitration is binding on each party, and judgment may be entered in any court of competent jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding provision with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act. Any such arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Such arbitration shall be in accordance with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, which shall be deemed incorporated into this Agreement. Any arbitration shall be presided over by one arbitrator whose selection shall be governed by Rule 15 of the JAMS Rules referred to above. The parties shall maintain the confidential nature of the arbitration proceeding, filings, and award, except as necessary to confirm or vacate any arbitration award. Additionally, any dispute as to the scope or applicability of this agreement to arbitrate shall be determined exclusively by any state or federal court located in Dallas County, Texas. The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas for the purposes of such court actions or determinations. Except where prohibited by applicable law or by JAMS Rules or policy, in any arbitration arising out of or related to this Agreement, the prevailing party shall be entitled to its costs, expenses, and reasonable attorneys’ fees. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims or counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs, expenses, and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. Notwithstanding any of the foregoing, the right to seek to confirm or vacate any arbitration award hereunder is preserved. Except where prohibited by applicable law or by JAMS Rules or policy, any such decision to confirm or vacate any arbitration award hereunder shall be determined exclusively by any state or federal court located in Dallas County, Texas. The parties consent to personal jurisdiction in all state and federal courts located in Dallas County, Texas, for the purposes of such actions. 12. SEVERABILITY: In the event that any provision of this Agreement is deemed unenforceable, invalid, or void, such provision shall be modified as little as possible to make it valid and enforceable, and the remainder of the Agreement shall remain in full force and effect. 13. PRIVACY: ExamSoft’s collection, use, and disclosure of personal data is described and governed by its Privacy Policy, available at https://learn.examsoft.com/privacy-policy. Where such consent is permitted by applicable law, by installing or using the SOFTWARE or by providing ExamSoft any personal data in connection with your registration for and use of the SOFTWARE, you consent to the terms of the Privacy Policy. I acknowledge that I am at least 13 years old. End User License Agreement (v1.0 2019) AHPRA Consent to nationally coordinated criminal history check I authorise Ahpra and the National Board to carry out a nationally coordinated criminal history check for the purpose of assessing this application. I acknowledge that: * a complete criminal history, including resolved and unresolved charges, spent convictions, and findings of guilt for which no conviction was recorded, will be released to Ahpra and the National Board, * my personal information will be extracted from this form and provided to the Australian Criminal Intelligence Commission (ACIC) and Australian police agencies for the purpose of conducting a nationally coordinated criminal history check, including all names under which I am or have been known * my personal information may be used by police for general law enforcement purposes, including those purposes set out in the Australian Crime Commission Act 2002 (Cth), * my identity information provided with this application will be enrolled with Ahpra to allow for any subsequent criminal history checks during my period of registration * if and when this application for registration is granted, Ahpra may check my criminal history at any time during my period of registration as required by the National Board for the purpose of assessing my suitability to hold health practitioner registration; or in response to a Notice of Certain Events; or an application for Removal of Reprimand from the National Register, * I may dispute the result of the nationally coordinated criminal history check by contacting Ahpra in the first instance Consent If I provide the National Board details of an English language test I have completed, I authorise the National Board to use the information I provide to verify those results with the test provider. 
I understand the test provider may be overseas. I consent to the Board and Ahpra making enquiries of, and exchanging information with, the authorities of any Australian state or territory, or other country, regarding my practice as a health practitioner or otherwise regarding matters relevant to this application. I acknowledge that: * the National Board may validate documents provided in support of this application as evidence of my identity, and * failure to complete all relevant sections of this application and to enclose all supporting documentation may result in this application not being accepted. * notices required under the National Law and other correspondence relating to my application and registration (if granted) will be sent electronically to me via my nominated email address * Ahpra uses overseas cloud service providers to hold, process and maintain personal information where this is reasonably necessary to enable Ahpra to perform its functions under the National Law. These providers include Salesforce, whose operations are located in Japan and the United States of America. I undertake to comply with all relevant legislation and National Board registration standards, codes and guidelines. I understand that personal information that I provide may be given to a third party for regulatory purposes, as authorised or required by the National Law. I confirm that I have: * met the English language skills pathway requirements indicated on this form, and * read the privacy and confidentiality statement for this form. I declare that: * the above statements, and the documents provided in support of this application, are true and correct, and * I am the person named in this application and in the documents provided. I make this declaration in the knowledge that a false statement is grounds for the National Board to refuse registration. Medical Deans Australia And New Zealand Medical Schools Outcomes Database And Longitudinal Tracking Project Participant Consent Note that: * The particulars of the questionnaires and my privacy have been explained to me. A copy of the participant information sheet (Page 1) has been provided. * * Whether I participate or not, or withdraw after participating, my details and all personal and other information I have provided will remain confidential to Medical Deans; * * I am free to participate or not, or withdraw after participating at any time, without penalty or prejudice; * * While the information gained in this study will be published as explained, I will not be identified and any individual information will remain confidential; * * I may not directly benefit from taking part in this research; and * * I can contact Medical Deans if I have any questions about the project, and/or the Human Research Ethics staff at my University, if I have concerns about the ethical conduct of the project.. * * Personal information may be used to link datasets, and removed thereafter, in accordance with strict protocols to ensure my confidentiality. Consent to: * Participate in the project named above. The collection of data from my medical school during my enrolment in medical school, noting that no information on my grades and academic record will be collected at any time. * * Medical Deans using the means identified to locate me for the purposes of sending questionnaires and newsletters following the completion of my medical school studies. * * The information collected from me through the survey to be accessed by Medical Deans, government agencies or other researchers in a de-identified form. * * Medical Deans or approved researchers to use my contact details to approach me to participate in associated sub-studies, in accordance with strict protocols to ensure my confidentiality. Myki Privacy Policy Our myki Privacy Policy explains how we manage the myki information we collect. It includes details about how you can check that we're managing your myki information in line with Victorian laws. In our policy, we: * explain our role as custodian of personal information related to myki * define the different types of information we collect * describe how we collect different types of information * list the organisations we collect information for * explain how we maintain data quality * describe what information we keep in the myki ticketing system and how long we keep it * explain how we protect your privacy using features of the myki ticketing system * provide detail about information collected for unregistered, registered and concession myki cards * describe the ways we use myki information, including for the purposes of ticket enforcement * describe the reasons we may give your information to a third party * commit to taking reasonable steps to protect your information * provide details of who you can contact to correct or update your information, or to make a complaint about the way we handle your information. At the end of the policy, we define all the key terms and abbreviations that we use in it. myki Privacy Policy Introduction This privacy policy relates specifically to the myki ticketing system. In addition, PTV has a general information privacy policy (which covers handing of personal information in contexts other than myki). Privacy issues and myki PTV recognises that under the myki ticketing system, PTV is the custodian of personal information relating to individuals who travel using myki. PTV is committed to respecting the privacy of customers. As well as complying with applicable laws, PTV seeks to give customers choice and control over the way their personal information is collected and used. Registration of a myki card is voluntary. PTV does not require collection of personal information from a customer when you purchase a myki card. The myki ticketing system is delivered on PTV’s behalf by third party contractors. PTV or contractors engaged by PTV may contact you for a survey, e.g. customer satisfaction, to help improve its products and services, including in relation to ticketing, travel and passenger experience generally. PTV ensures that arrangements with these contractors include appropriate privacy and confidentiality obligations. PTV also takes responsibility for trying to resolve any privacy concerns or complaints that involve the actions of its contractors.   Collection of personal information   PTV collects personal information necessary for the operation of the ticketing system, for dealing with enquiries or complaints related to ticketing and for marketing or promotions related to ticketing and public transport. Personal information may be collected through forms, the website, the call centre, a PTV Hub customer service centre or myki retailers or devices. The personal information that PTV collects under the myki ticketing system is also collected for the purposes of other public transport authorities – the Department of Transport ("the Department") and contractors, agents and delegates of the Department and PTV, including public transport operators. This is in effect a joint collection. The Department is also subject to the Privacy and Data Protection Act 2014, but is separately responsible for compliance and its policies may not be the same as PTV’s. PTV collects only as much personal information as is necessary for the operation of the myki ticketing system and allows customers to transact anonymously where practicable. No personal information is collected from customers who buy or use myki cards unless they choose to register their myki, or they are in one of the concession categories where registration is required. However, some information may be required about the method of payment and/or delivery of the myki. In accordance with the Victorian Fares and Ticketing Manual of 28 March 2019 (Manual), setting out conditions that have been determined under section 220D(1) of the Transport (Compliance and Miscellaneous) Act 1983, Ticketing in Victoria depends on which service a customer uses: * myki – metropolitan trains, trams and buses, bus route number 684, V/Line commuter trains, V/Line Night Coach network services, V/Line parallel coach services and some regional town buses * V/Line paper tickets – V/Line coach and long distance train services * Day Passes – metropolitan trains, trams and buses and some regional town buses * Regional Bus Tickets – some regional town buses.  Information is collected to understand, diagnose and to support data driven decision making around the public transport network including: * calculate the correct fare, public revenue and cost recovery in provision public transport services * provide reduced fare for eligible customers * verify requests for refund where/if a customer is charged incorrectly and/or disputes a charge, verify ongoing entitlements * ticketing compliance and enforcement * planning, including safety and security, for public transport strategies and investments * patronage trends and understanding how people move around the network * impact to customers at station/stops during major occupation works or disruptions and communications * crowd flow management during major events for safety purposes * identifying cards which require compensation due to an unforeseen event on the network * insights to communication and education campaign analysis such as auto top up campaign tracking * insights to understanding of customers to improve/tailor campaigns accordingly * monitoring new products/devices e.g. Mobile myki or Quick Top Up enquiry machines. PTV may collect a person’s credit card information to process a payment to PTV. Credit card information collected by PTV will be held in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). The PCI-DSS is a set of requirements for enhancing payment account data security, including requirements for secure network and systems, cardholder data protection, vulnerability management program, access control measures, network monitoring and testing and information security policies. Personal information is only held for as long as it is required for operational purposes, or as required by law. Once the information is no longer needed for customer service or legal reasons, it will be irreversibly ‘de-identified’ (by having any personally identifying information removed). This de-identified information may then be used, indefinitely, for transport planning purposes. Collection of health information In some instances, PTV’s functions of administering travel passes may involve collection of health information. Such information is collected with express consent of the customer, for the purpose of processing and managing applications for specific travel passes. This information is stored separately from the myki ticketing system information (travel history, payments, etc). Data quality PTV has an operational interest in any information it holds being accurate, complete and up to date and this coincides with its responsibilities under IPP3 (Data quality). PTV seeks to ensure that it meets the data quality principle in the following ways: * by collecting personal information about its customers primarily directly from them, and only from third parties with the customer’s knowledge * by encouraging myki customers to keep their personal details up to date, offering easy update options through the call centre, PTV Hub customer service centres and website * through technical standards for the operation of ticketing and other computer systems that collect and process information about travel, other transactions and payments * by ensuring that individuals are able to access and correct the personal information that PTV holds about them on request. Where PTV obtains personal information from third parties (e.g. information about eligibility for concessions from source agencies), the relevant agreements with these third parties will specifically address data quality issues (see also 'Concession myki' section below). Information in the myki ticketing system Each myki smartcard has a number, referred to as the Primary Account Number (PAN). This number in itself does not convey any information about the myki customer. The PAN is stored on the myki smartcard chip and is also printed on the myki smartcard. It is used in routine communications with customers, such as through the call centre. For myki ticketing system purposes, details of the transactions performed with each myki smartcard will be contained in a central card usage database. Information on the use of myki smartcards is uploaded periodically to the central card usage database. This information is retained in a way that can be linked to the customer (if registered) for as long as it is reasonably needed to answer queries from the customer, to reconcile any payments involving other retail agents (merchants) and for legal reasons. Some information is required by law to be kept for up to seven years. A cardholder (registered or unregistered) can check their recent myki usage data by presenting their card at a stand-alone enquiry machine (called a ‘myki check’) and myki vending machines. Some retail agents (or partners) are contracted under the myki ticketing system to provide customer service functions at the cardholder’s request (including viewing and/or printing the myki card usage data and balance details if requested by the customer). Privacy protection in the myki ticketing system Privacy protection is provided either as a design feature or incidentally by the following features of the myki ticketing system. This list is a summary only; detailed explanations are available in later sections. * Unregistered myki cards are available for most customers (eligibility for some types of concessions does require registration). * Customers have the option of holding multiple myki smartcards. * Limited personal non-identifying information is required to be stored on the myki smartcard chip, for example, a code indicating the customer’s entitlement to concession discounts (for example, for student or senior concession) so that the correct concession fare is calculated. * The usage data stored temporarily on the card includes a short transaction history (i.e. touch-on/off data, or top-up transactions). * Registration details and payment details are kept in separate databases, with limits and conditions on linkage. * Holders of full fare and most concession myki smartcards may choose to register their myki and have their name printed on the myki smartcard at the time they apply (some personalisation requirements are mandatory for specific concession customers). * There are limits on who can access the information on the myki smartcard chips, how they can access it, when, and for what purpose. * Database access is auditable and traceable. * The system allows for specified data retention periods. Unregistered myki If a customer chooses not to register their myki, the system will still retain usage data (eg trips taken and payment history), linked to the myki card number (the card’s PAN). This is not personal information as PTV does not have the ability to link it to an individual. PTV will not provide myki usage data to unregistered card holders as PTV is not able to confirm the individual’s identity and ensure the information is only released to the rightful card holder. PTV may provide usage data from an unregistered myki to law enforcement agencies, where this is appropriate and permitted under privacy laws. This may include travel history and payment records, but will not include any personal information. Registered myki PTV promotes the benefits of registration to potential customers. For example, registration gives a customer the ability to use Auto Top-Up and the security of balance protection if the card is reported as lost or stolen. Customers who register their myki need to provide a name, postal address and phone number (provision of email address is required if registering your myki via the myki website). myki customers choosing to register full fare, seniors, concession (general) or child myki smartcards can nominate to have their name printed on the face of their myki smartcard when applying (a nominal fee may apply). Registration and printing of a name and a photo (in some cases, a name only) is mandatory for some myki concession customers. Registered myki customers are allocated an account number in the Customer Relationship Management database. The account number is used for administrative purposes only and is not used in routine communications with customers. Registered myki smartcard usage data is treated as personal information and as such the usage data is managed in accordance with this policy. Registered account holders wishing to check the usage data for a myki in their account can do this by logging into their myki website account or by contacting the call centre. Registered account holders contacting the call centre will be required to confirm their identification. Identity is verified for outbound calls. When contacting a registered account holder the call centre asks the card holder a series of questions to confirm their identity. myki customers’ personal information may be used for purposes related to ticketing and transport services (e.g. informing customers of myki payment options, or transport service updates). Personal information may be used for non-transport-related marketing; any survey or marketing is voluntary. Customers are given the choice of ‘opting-out’ of receiving any such material. Even if personal information were used for such purposes, it would not be disclosed to commercial organisations for other purposes other than for or on behalf of PTV and for the purpose of performing their contract obligations under their contract with PTV.   Concession myki The distinction between different categories of concession entitlement are electronically encoded on the myki smartcard chip, and some have a visually distinctive design showing the specific type of concession entitlement, such as a name and/or, photo (e.g. Child myki or free travel pass myki cards). These design distinctions are required for both administrative and enforcement purposes. When concession customers pass through gates on the public transport network, a distinctive light showing up on the device may indicate their concession status. Disclosure of information about the myki customer as a consequence of the everyday use of the myki smartcard is therefore limited. Some concession myki smartcards have a photograph of the cardholder printed on the face of the smartcard to aid checks by Authorised Officers and assist in preventing misuse of the entitlement to concession travel. Where a photograph is required, no details of the photo or image are recorded on the myki smartcard chip. No copy or record of the image is kept once the myki smartcard is printed, unless the customer has expressly requested that an additional photo is stored in the myki ticketing system back office. Photos for free travel pass myki cardholders and student concession cardholders are managed (and retained) by the PTV Hub in accordance with the PTV Privacy Policy and/or by Metro or V/Line in accordance with their respective privacy policies. Use and disclosure of personal information Use and disclosure of personal information by PTV will be in accordance with this policy, privacy law and Information Privacy Principle 2 dealing with use and disclosure of personal information. Public transport operators will handle some personal information for processing concession applications and for enforcement and complaint resolution. Public transport operators may also obtain aggregate (de-identified) information from PTV for planning and management purposes. PTV and its contractors use/disclose personal information for managing and improving public transport ticketing and supporting products and services. This includes the purposes outlined in this policy, to perform its statutory functions and exercise its powers under the Transport Integration Act 2010, for contacting you to share information about our products and services, disruptions on the network, provide you with refund where applicable, ask if you would like to participate in customer satisfaction or other surveys to improve our products and services. Participation in a survey conducted by or on behalf of PTV is voluntary. Ticketing enforcement PTV is not responsible for enforcing ticketing compliance or managing public transport fare evasion. This is a function established by the Transport (Compliance and Miscellaneous) Act 1983 and Regulations under that Act and is the operational responsibility of the Department. Using a hand-held device, Authorised Officers are able to read the myki Money balance, myki Pass status, concession status and recent transaction history from a smartcard. If required, they can combine this information with personal details obtained directly from the cardholder in support of the generation of a report of non-compliance (to be provided to the Department for further action). The Department, not PTV, is responsible for issuing infringement notices. The Department has access to PTV’s registration and smartcard history databases in order to investigate or prosecute alleged offences under the Transport (Compliance and Miscellaneous) Act 1983 or Regulations. This falls within the exceptions to IPP2 related to investigation and prosecution of criminal offences. Access by other third parties Apart from disclosures connected with administration of public transport and Transport (Compliance and Miscellaneous) Act 1983 enforcement, PTV only provides personal information about myki customers to other third parties, including law enforcement agencies, in the following circumstances (which are all in accordance with privacy law and IPP2): * where PTV is required to do so by law, for example, in response to a warrant or subpoena * where PTV reasonably believes that the disclosure is necessary to lessen or prevent a serious and imminent threat to the life, health, safety or welfare or a serious threat to public health, safety or welfare * where disclosure is necessary for the purposes of complaint handling, such as disclosure to the Public Transport Ombudsman or the Commissioner for Privacy and Data Protection * where the disclosure is requested in writing by the individual concerned * where an authorised police officer certifies in writing that the disclosure is reasonably necessary for the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of law imposing a penalty or sanction * in connection with investigating or reporting suspected unlawful activity detected by PTV or its contractors * in exceptional circumstances – to intelligence agencies; the Australian Security Intelligence Organisation (ASIO) or the Australian Secret Intelligence Service (ASIS). PTV has ‘myki - PTV guidelines for disclosure of personal information to law enforcement bodies’. These guidelines set out both the detailed criteria and the procedures for disclosure of personal information by PTV and its contractors or agents to third parties for purposes other than myki ticketing system operations or enforcement of the Transport (Compliance and Miscellaneous) Act 1983. These guidelines apply the requirements of privacy law to any disclosure of personal information. Disclosure outside Victoria It is very unlikely that PTV will disclose any personal information to someone outside Victoria except to individuals who wish to access their own personal information or law enforcement agencies as discussed above. If this is required at any time, PTV will ensure that it meets the additional requirements of IPP9 (Transborder data flows). Data Security and Destruction Irrespective of whether your Personal Information or Health Information is stored electronically or in hard copy form, PTV will take reasonable steps to protect it from misuse and loss and unauthorised access, modification or disclosure. Credit card information collected by PTV will be held in accordance with the requirements of PCI-DSS. PTV will also take reasonable steps to destroy or permanently de-identify your Personal Information or Health Information if it is no longer needed for the purpose (or a related purpose) for which it was initially collected, unless, in the case of Personal Information, it is subject to the Public Records Act 1973, in which case it will be retained or disposed of in accordance with that legislation. Access and correction PTV will take reasonable steps to ensure that Personal Information we collect is accurate, complete and up to date. Registered myki customers can update their information either online or contacting the call centre. Access by an individual to all personal information about them held by PTV is available on request free of charge, subject to appropriate evidence of identity and to certain exceptions set out in the Privacy and Data Protection Act 2014 and Freedom of Information Act 1982. PTV reserves the right to make a reasonable charge for routine provision of information, such as regular account statements. For more information, call 1800 800 007. Complaints PTV Privacy Officer If a person believes that their Personal or Health Information has been used by PTV in a manner contrary to the PDP Act or Health Records Act 2001 (Vic), they may contact the PTV Privacy Officer: By phone: call 1800 800 007  By email: ptvprivacy@ptv.vic.gov.au  By post: PO Box 4724, Melbourne VIC 3000 Health Complaints Commissioner Complaints about any use of a person’s Health Information which is believed to be contrary to the Health Records Act 2001 (Vic) can be made with the Health Complaints Commissioner. You can find more information about submitting complaints in respect of Health Information on the Health Complaints Commissioner website. Victorian Information Commissioner People can also contact the Victorian Information Commissioner for more information or to raise certain complaints about privacy matters and regulation in Victoria. You can find more information on the Office of the Victorian Information Commissioner website. Review This document is reviewed regularly and at least once every two years. Glossary and abbreviations Note: the definitions below are provided with a view to understanding terms used in this privacy policy. For legal purposes (including ticketing enforcement), definitions in the Victorian Fares and Ticketing Manual (myki) apply. Term Definition account holder The person who has applied to manage one or more myki cards, which will be registered under their name; an account holder may or may not be a cardholder. Authorised Officer For the purpose of section 221A and 221AB of the Transport (Compliance and Miscellaneous) Act 1983 (Vic) and the Regulations, an Authorised Officer is a person responsible for providing customer service, checking tickets and reporting fare evasion offences to the Department of Transport. Auto Top Up The automatic loading of value to a myki based on pre-conditions specified by the customer; the funds will be automatically debited from the customer’s nominated bank account or credit card. back office The central location from which the myki ticketing system data is managed. cardholder Means in the case of an unregistered myki card, the person to whom a myki card is issued or who otherwise acquires a myki card and for a registered myki card, a person nominated as the cardholder by the account holder. central card usage database This is the Transport Payment Processing System database containing all card usage data for operation of the myki ticketing system. Concession myki A ‘long-life’ smartcard programmed with the relevant concession entitlement permitting the purchase of a myki Pass or use of myki Money at discounted concession rates; some concession myki cards will be registered and personalised, with a name and a photo or a name only. customer A passenger who holds a valid myki. Customer Relationship Management database A database which records and updates customer profile information for NTS customers. Department Department of Transport. digital card Has the same meaning as ‘digital card’ in Regulation 5 of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. fare payment device Device to which myki cards are presented on the start and end of a trip (or portion of a trip) to touch on and touch off. The device calculates and deducts the correct fare for travel on the myki. Fares and Ticketing Manual (myki) The Victorian Fares and Ticketing Manual (myki) (available via www.ptv.vic.gov.au; see the ‘Legal and policies’ section). Freedom of Information Act Freedom of Information Act 1982 (Vic). Free travel pass Refer to the Victorian Fares and Ticketing Manual (myki) for information. hand held device Portable device used to read myki cards for information, load value to myki cards. IPP (Information Privacy Principle) IPPs are ten privacy principles established under the Privacy and Data Protection Act, which form the basis of managing personal information. These are IPP1: Collection of personal information, IPP2: Use and disclosure of personal information, IPP3: Data quality, IPP4: Data security, IPP5: Openness, IPP6: Access and correction, IPP7: Unique identifiers, IPP8: Anonymity, IPP9: Transborder data flows, IPP10: Sensitive information. myki Money Electronic/stored value balance held on a myki, for use as defined by PTV. myki Pass Periodical product which can be loaded by the customer onto their myki for specific zones and a chosen number of days required for travel. myki card and myki smartcard Both include a digital card. myki smartcard chip Includes an imbedded computer chip in a personal electronic device on which a digital card is stored. myki smartcard number An identification number, known as the primary account number (PAN) attributed to each myki, uniquely identifying each myki smartcard. PAN Primary account number. personal electronic device Has the same meaning as ‘personal electronic device’ in Regulation 5 of the Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017. personal information As defined in the Privacy and Data Protection Act. personalisation The physical personalisation of a myki, involving adding a cardholder’s photo and/or cardholder’s name. Privacy and Data Protection Act Privacy and Data Protection Act 2014 (Vic). privacy law The Privacy and Data Protection Act and the IPPs; and the Health Records Act 2001 (Vic) and the Health Privacy Principles set out in that Act. PTV Public Transport Victoria, the operating name of the Public Transport Development Authority. registration The process by which a myki is linked to an identifiable customer (account holder and cardholder). retail agent/partner Individual retail agents or retail partners will provide an identifiable retail network across Victoria, to support implementation of the myki ticketing system. source agencies An agency that provides relevant customer data to PTV for the purposes of verifying a person’s concession entitlement. touch off The presentation of a myki to a fare payment device at the end of a journey or section of a journey when exiting a mode of transport or the public transport network. touch on The presentation of a myki to a fare payment device at the start of a journey or section of a journey (e.g. when passing through gates to enter a station platform or when boarding a tram or bus). Transport (Compliance and Miscellaneous) Act Transport (Compliance and Miscellaneous) Act 1983. usage data Data related to the use of a myki smartcard and stored in myki ticketing system back‑office databases (e.g. data regarding purchasing, top-ups, touch-ons). website References to the website are to ptv.vic.gov.au Myki Terms and conditions of use A myki Smartcard or Mobile myki is issued and must be used subject to these Conditions. myki may only be used to obtain or prove an entitlement to use a public transport service to which these Conditions apply. Subject to all applicable conditions and the regulations made under the Act, the myki may be used to obtain or prove an entitlement to use a public transport service by— * (a) doing one or more of the following: * (i) paying money to the Head, Transport for Victoria and having that amount recorded in the account associated with the myki and as stored value (‘Value’) on the myki for the purpose of using Value to pay for public transport services; * (ii) paying money to the Head, Transport for Victoria for a myki Pass and having the authority to use the public transport service recorded on the myki; * (iii) having a Free Travel Pass to which the cardholder is entitled recorded on a myki Smartcard; and * (b) touching on and touching off the myki in accordance with the Conditions. Payments and Transactions Where a cardholder makes a payment from Value on the myki in accordance with the Conditions, the amount of the payment will be deducted from that Value. myki Money or a myki Pass may only be added to the myki by such methods as are authorised by the Head Transport for Victoria from time to time. The maximum Value an account holder or cardholder is permitted to have on a myki is $999.99. A transaction which would result in the Value on the myki exceeding $999.99 will be rejected. The myki may not be able to be used if the Value falls below the relevant minimum amount specified under the heading ‘Minimum requirements for travel’ in this Chapter. The cardholder or any account holder, as is applicable, is liable to pay the fees and charges as published in and applied by these Conditions from time to time. The applicable fees and charges may be deducted from the Value on the myki. If the Head, Transport for Victoria, in its absolute discretion, allows the myki to operate with a debit (negative) Value balance, the cardholder or, in the case of a registered myki, the account holder, must pay the Head, Transport for Victoria any debit (negative) balance on the myki and any value subsequently added to the myki will be applied first by the Head, Transport for Victoria to any debit (negative) balance. Unless the myki is registered, as described under the heading ‘Registered myki’ in this Chapter, any person presenting the myki may redeem Value on the myki for myki Money (less any amounts owed by the cardholder or any account holder to the Head, Transport for Victoria), subject to complying with any applicable Conditions. The Head, Transport for Victoria is entitled to reject an application to redeem Value on a myki if there has been a material breach of these Conditions. Apart from the right to redeem Value in accordance with these Conditions, neither the cardholder nor any account holder has any legal, equitable or other right or interest in relation to money representing Value on the myki. No trust or fiduciary relationship exists between the Head, Transport for Victoria and the cardholder or the Head, Transport for Victoria and any account holder. The Head, Transport for Victoria’s records are, in the absence of manifest error, conclusive of the amount of Value on the myki and any other matter in relation to the myki Account or the myki. The Head, Transport for Victoria may adjust the myki account or myki balance retrospectively if the Head, Transport for Victoria reasonably believes that either of them is incorrect. Unclaimed monies Until five years after the last use of the myki or the last activity on the myki account not initiated by the Head, Transport for Victoria, the Head, Transport for Victoria will hold all money representing Value on the myki unless, before that time, the Value is redeemed in accordance with these Conditions. After that time, such money, other than amounts the value of which is less than $20 (or any higher amount prescribed under the Unclaimed Money Act 2008) will be ‘unclaimed money’ for the purposes of that the Unclaimed Money Act 2008 and will only be able to be claimed from the Registrar of Unclaimed Money. Ownership A myki Smartcard is and remains the property of the Head, Transport for Victoria. The Head, Transport for Victoria owns all data and expressions of that data resulting from, or in respect of transactions generated or processed in relation to, the use or operation of the myki. The Head, Transport for Victoria or its authorised representatives may inspect, deactivate, suspend or take possession of a myki Smartcard or require its return at any time in their discretion without notice to the cardholder or any account holder. The cardholder and any account holder must comply with any directions of the Head, Transport for Victoria or its representatives. The cardholder and any account holder must not alter, tamper or interfere with the myki Smartcard or knowingly use a defective myki Smartcard. The Head, Transport for Victoria or its authorised representatives may inspect, deactivate or suspend a Mobile myki at any time in their discretion without notice to the Mobile myki holder or any account holder. The cardholder and any account holder must comply with the directions of the Head, Transport for Victoria or its representatives. The Mobile myki holder and any Mobile myki account holder must not, whether digitally or otherwise, alter, tamper, interfere with or manipulate the Mobile myki or knowingly use a Mobile myki that has been digitally altered, tampered with, interfered with or manipulated, so that it functions in a way that is not authorised by these Conditions. Expiry myki expire after a period of time and cannot be used by a customer once expired. An expired myki, or a myki within 60 days of expiry, may be replaced according to the Conditions specified in Chapter 8. A myki Smartcard will be operational for at least four years from the day of purchase before expiry. A Mobile myki will be operational for at least two years from the day of purchase before expiry. Touch on/touch off A myki must be touched on and touched off for each journey in a passenger vehicle or entry to a compulsory ticket area for which the myki is used, in accordance with these Conditions. If a customer is not able to touch on or touch off the myki as required in these Conditions because an operational myki reader is not available, the requirements set out under this heading, ‘Touch on/touch off’, do not apply. An operational myki reader is to be taken as being ‘not available’ only if— * (a) no myki reader near where the customer boards or leaves the vehicle or enters or leaves the compulsory ticket area (as is applicable) is able to be operated so as to enable the myki to be touched on or touched off and it would be unreasonable to require the customer to touch on or touch off the myki at a myki reader which is able to be so operated; or * (b) the customer is unable to touch on or touch off the myki because of a physical or intellectual disability and is unable to have the myki touched on or touched off on their behalf by an accompanying person or an authorised person. The Conditions specified in the paragraphs under the headings ‘Touch on/touch off conditions – train’, ‘Touch on/touch off Conditions – bus’ and ‘Touch on/touch off conditions – tram’ must be read subject to the conditions specified in the paragraphs under the heading ‘Touch on period’. When using Mobile myki, the personal electronic device containing the Mobile myki must be in an awake state to successfully touch on to a myki reader and touch off as required. Touch on/touch off conditions– train For a journey on a train that commences from a platform which is not, or is not part of, a compulsory ticket area, a customer must touch on the myki before boarding the train. For a journey on a train that ends at a platform which is not, or is not part of, a compulsory ticket area, a customer must touch off the myki as soon as there is a reasonable opportunity to do so after leaving the train. For an entry to a compulsory ticket area and for a journey on a train that commences from a platform which is, or is part of, that compulsory ticket area, a customer must touch on the myki before, while or immediately upon, entering the compulsory ticket area. For a journey on a train that ends at a platform which is, or is part of, a compulsory ticket area and for the entry to the compulsory ticket area that is made when a customer leaves the train, the customer must touch off the myki immediately before leaving, or while leaving, the compulsory ticket area. For an entry to a compulsory ticket area if a customer leaves the compulsory ticket area without undertaking any travel, the customer must touch off the myki immediately before leaving, or while leaving, the compulsory ticket area. If a replacement vehicle is provided for a train service and the replacement vehicle does not have any myki operating equipment on board, customers using a myki for travel must touch on using a myki reader at the departure railway station and touch off using a myki reader at the destination railway station. However, if the replacement vehicle is provided for a V/Line myki commuter train service that departs from the coach terminal at Southern Cross Railway Station, customers must touch on using the myki readers at that terminal. Touch on/touch off conditions– bus For a journey on a bus (other than a bus used for a night coach network service)— * (a) a customer must touch on the myki immediately upon boarding the bus; and * (b) a customer must touch off the myki before leaving the bus, but not before the bus leaves the second-last bus stop in that journey. myki-enabled bus services are now pre-pay only. Customers may board a myki-enabled bus and touch on their myki at any door. However, staff or signage may direct customers to use a specific door. Touch on/touch off conditions – tram For a journey on a tram— * (a) unless subparagraph (b) or (c) applies, a customer must touch on the myki immediately upon boarding the tram; * (b) if the journey is entirely within the free tram zone the customer is not required to touch the myki on or off (see additional conditions regarding the free tram zone in Chapter 3); * (c) if the journey commences in and extends beyond the free tram zone, the customer must touch on the myki before the tram leaves the last boundary tram stop in that journey; and * (d) the customer is not required to touch off, but if the customer chooses to touch off, they must not do so before the tram leaves the second-last tram stop in that journey. For a journey entirely within the Zone 1/2 overlap, if the customer does not touch off, the default fare the customer may subsequently pay may be higher than the fare they would have paid if they had touched off. Touch on period The conditions specified in the paragraphs under this heading apply notwithstanding anything to the contrary in the conditions specified in the paragraphs under the headings ‘Touch on/touch off conditions – train’, ‘Touch on/touch off conditions – bus’ and ‘Touch on/touch off conditions – tram’. If a customer using myki Money does not touch off the myki within the product duration (refer to the table under the heading ‘Product duration’ in this Chapter), a default fare may be charged when the myki is next touched to a myki reader. For the purpose of this Condition, such a touch will also be treated as a touch on. If a default fare is charged in these circumstances, the customer will not receive the benefit of any off-peak discount that would otherwise have been applicable. To prevent this from happening, a customer may touch off the myki before the end of the journey (provided that it is within the product duration), but must then touch the myki on— * (a) in the case of a journey on a tram or a bus, immediately after the myki was touched off; or * (b) in the case of a journey on a train, before resuming the journey. In the case of a journey on a train, if a customer wishes to touch off and touch on a myki in accordance with the immediately preceding paragraph at a railway station with ticket barriers, it is necessary for the customer to exit and re-enter the barriers. If a myki is touched off, but is not touched on again, the myki is no longer valid for the journey and any related entries to a compulsory ticket area. If a myki is touched off and touched on again (in accordance with the fourth paragraph under this heading ‘Touch on period’) the myki must then be touched off in accordance with these Conditions at the end of the journey. Touch on/touch off conditions – Night Coach network services For a journey on a bus being used for a Night Coach network service, a customer must touch on the myki— * (a) if the customer is boarding the bus at the Southern Cross railway station coach terminal, before boarding the bus, using the myki readers at that terminal; or * (b) in all other cases, before boarding the bus, using the myki readers at the railway station from which the bus is departing. However, this Condition does not apply if arrangements are in place to enable the myki to be touched on near or on board the bus and the myki is touched on accordingly. For a journey on a bus being used for a night coach network service, a customer must touch off the myki, using the myki readers at the railway station where the customer leaves the bus, unless the myki has been touched off by staff on board the bus. Queensland Department of Environment and Science Engagement HQ Terms of Use This Site (defined below) is offered by [Have your say: Department of Environment and Science] for use by individuals who are invited by QLD Department of Environment and Science to use the Site. Bang the Table (“BTT,” or “we”), operates and hosts the Site for the benefit of QLD Department of Environment and Science. QLD Department of Environment and Science and BTT welcome you to QLD Department of Environment and Science’s community engagement portal at https://haveyoursay.des.qld.gov.au (the “Site”). While all of the questions, surveys, forums, discussions, and other Content (defined below) on the Site is provided and controlled by the QLD Department of Environment and Science or other individuals invited by the QLD Department of Environment and Science to use the Site, BTT owns and operates the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with QLD Department of Environment and Science and other interested parties. These Terms of Use (“TOU”) contain important terms and conditions that describe your rights and obligations and describe how you can use the Site. Please read these terms of use carefully. You are offered access and use of the Site only on the terms and conditions set forth in this TOU. By accessing and using the Site, and regardless of whether you register on the Site, you agree to the TOU. 
 GENERAL TERMS CONTENT * When we use the term “Content,” we mean any information, data, music, sound files, photographs, graphics, images, videos, articles, or other content accessible on the site. Content is provided by QLD Department of Environment and Science and other users of the Site. BTT does not create, upload or provide any Content you see on the Site. Any Content that you provide or upload to the Site is “Your Content.” As between you and BTT, you own Your Content. QLD Department of Environment and Science may have additional rights to use Your Content. BTT (a) makes no, and hereby disclaims all, representations or warranties about the Content, and (b) is not responsible for the substance, accuracy, completeness, appropriateness, or legality of Content. * You have no expectation that your Content will be published on the Site. * You also acknowledge and agree that we and our designated agents have the right (but not the obligation), in our sole discretion, to review and monitor Content on the Site, including Your Content, and we may remove or refuse to post, in our sole discretion, any Content, including if it violates our Moderation Rules (see below). In some cases, QLD Department of Environment and Science has the right to review and approve Content before it is included on the Site. Note that neither we nor QLD Department of Environment and Science edit your Content. * “Linked Content” is any content, materials, or website other than the Site that you may directly visit through a link found on the Site. The Site may contain links to Linked Content. BTT does not endorse or assume any responsibility for any such Linked Content, or any information, materials, products, or services found or offered on or through Linked Content. If you access Linked Content from the Site, you do so at your own risk, and you understand that these Terms of Use and the BTTs Privacy Policy do not apply to your use of such Linked Content. You expressly release BTT from any and all liability arising from your use of any Linked Content, the Site, or Content. * When you access and use this site, information submitted by you will belong to the data controller (QLD Department of Environment and Science). This information may include personal data (e.g. your name, age, contact details etc.). BTT's role is to process this data on behalf of the data controller. Processing means (among other things): ensuring this website runs properly, that your data is securely stored and is available to the controller so that they can effectively manage the site and your input." REGISTRATION * You may be required to register before accessing or contributing content to the Site, or before accessing certain features or functions on the Site. In the event you need to register, this Section 3 applies to you. To register for an account on the Site, you must be the older of: (a) 14 years and (b) the age required by law where you live to form a binding contract with BTT. When you register, you will: (i) submit only true, accurate, current and complete information about yourself as prompted by the Site's registration procedure (the “Registration Data”); and (ii) maintain and regularly update the Registration Data to keep it true, accurate, current and complete. * If you provide any information that is untrue, inaccurate, not current or incomplete, or QLD Department of Environment and Science suspect that you have provided such information, your account may be suspended or terminated. * After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You: (i) are fully responsible for maintaining the confidentiality of your password and account; (ii) are fully responsible for all activities that occur under your password or account; (iii) must immediately notify BTT if you are aware or suspect any unauthorized use of your password or account or any other breach of security; and (iv) must create no more than one user account at the Site. * We, or our agents, may require access to your user account to respond to service or technical issues. * QLD Department of Environment and Science may communicate with you through your user account by sending messages, newsletters, and other information. 
 TERMINATION * BTT may, in its sole discretion or at the direction of QLD Department of Environment and Science, and with or without notice to you, for any reason, terminate your password, account or use of the Site (or any part), and remove and delete any Content within the Site, including Your Content, for any reason. For example, if you repeatedly post content that violates the site moderation rules your account may be suspended or terminated. * You agree that BTT may in its sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties. 
 PRIVACY POLICY Use of the Site by you, including our collection of Registration Data and other personal information about you, is subject to our Privacy Policy, which governs how BTT and QLD Department of Environment and Science use your personal information. For more information, please see our full privacy policy here. 
 USER CONDUCT You understand and agree that: * all Content is the sole responsibility of the person who made the Content available, and you are solely liable and responsible for Your Content; * you are prohibited from advertising or offering to sell or buy any goods or services on the Site. you shall not: * post Content that: (a) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party; (b) violates applicable law or is illegal; or (c) violates any third-party’s right, including right to privacy; * transmit Content that is or includes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," surveys, contests or any other form of solicitation; * transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * transmit Content that harms minors in any way; * impersonate any person or entity, including without limitation a Bang the Table representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity; * create a false identity for the purpose of misleading others as to your identity or the originator of a message; * interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; * you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, appropriateness, or usefulness of such Content. * Your Content will be seen by QLD Department of Environment and Science and may be made publicly available on the Site or elsewhere. Additionally, even if Your Content is not made public or available to third parties on the Site, Your Content may be subject to applicable open records laws. * You agree to and shall comply with our moderation rules for the Site, which can be found at https://haveyoursay.des.qld.gov.au/moderation (“Moderation Rules”) * The Site gives you the opportunity to engage and communicate with third-parties, including the QLD Department of Environment and Science. You acknowledge and agree that your communications with QLD Department of Environment and Science and any third-parties via the Site are solely between you and QLD Department of Environment and Science and the relevant third parties. 
 MODIFICATIONS AND DISCONTINUANCE Both BTT and QLD Department of Environment and Science reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party. ISSUES If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact the QLD Department of Environment and Science at support@engagementhq.com (External link)(External link)(External link). 
 Terms Specific to BTT 
 DISCLAIMERS BTT offers the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind. BTT makes no representation or warranty that the Site will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, BTT expressly disclaims all warranties of any kind arising from or related to the site or content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. INDEMNITY AND RELEASE You shall indemnify and hold BTT, and its subsidiaries, affiliates, officers, agents, and other partners, and employees harmless from, and at BTT’s request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) your interactions or relationship with QLD Department of Environment and Science; and (c) your violation of any other's rights or applicable law. 
 BTT’S PROPRIETARY RIGHTS BTT hosts this site for QLD Department of Environment and Science and will not use any data you post to the site for anything other than benchmarking, using de-identified data, and reporting to the client unless that data is publicly available. We do not sell lists of user details to third parties. However, we do need the rights to share the data with QLD Department of Environment and Science and occasionally to assist in it’s analysis. QLD Department of Environment and Science needs the rights to use the data as it needs to in order to properly listen to the community and to carry out it’s business. The clause below facilitates this. * You acknowledge and agree that: * the Site and any necessary software and technology used in connection with the Site, including but not limited to the software known as Engagement HQ™, contain proprietary and confidential information protected by applicable intellectual property and other laws, and all of the foregoing is owed by BTT; and * the Content presented to you via the Site or via third parties may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. * You hereby grant BTT a nonexclusive, perpetual, irrevocable, royalty-free, paid-up right and license to: (a) use your name or user/screen name and Your Content for BTT’s business purposes, including to provide the Site to the QLD Department of Environment and Science.; and (b) sublicense your Content to QLD Department of Environment and Science for its business purposes. BTT only uses content for the purpose of benchmarking, use of deidentified data and providing reports to QLD Department of Environment and Science. We do not sell lists of user details to third parties. * The BANG THE TABLE trademark, and other logos and product and service names used by the BTT, are trademarks of the BTT. You will not display or use the Bang the Table Marks in any manner without our prior permission. 
 COPYRIGHT and DMCA * When using the Site you may provide Content to the Site. You retain your rights to your Content. * QLD Department of Environment and Science complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS BTT, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (“RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. CHANGES BTT may change the TOU from time to time without prior notice to you, (though we will alert QLD Department of Environment and Science to the change) and we will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy, if you do not agree to the modified TOU will be to cease all access and use of the Site. GENERAL INFORMATION * The TOU and BTT’s Privacy Policy constitute the entire agreement between you and BTT, and governs your use of the Site, superseding any prior agreements between you and BTT. * The TOU and the relationship between you and BTT is governed by the laws of the State of New South Wales without regard to its conflict of law provisions. Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this TOU. You each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. * Our failure to exercise or enforce any right or provision of the TOU must not be treated as a waiver of the right or provision. * If any provision of the TOU is found by a court of competent jurisdiction to be invalid, then such provision is deemed deleted, but the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. * Your rights and obligations under the TOU are personal and may not be assigned or dealt with in any way without our permission, and which may be withheld in our absolute discretion. * Headings in the TOU are for convenience only and do not affect interpretation. Queensland Department of Environment and Science Engagement HQ Privacy Policy Privacy statement for Online Engagement   The Department of Environment and Science (the department) is seeking your feedback and input to inform the services we deliver. We have established an online Engagement Platform to enable you to participate in online surveys and to provide your say on various issues and initiatives. The department is committed to protecting user privacy and to the fair collection and handling of your personal information. We endeavour to minimise the personal information collected but need your name and contact details to register you as a user on Engagement Platform so you can participate in these online surveys and activities and so that we can provide you with updates and notify you of future Engagement Platform activities We also collect some demographic information for audience analytics to better understand trends and issues affecting our stakeholders. The types of information we collect are listed below. The Engagement Platform is hosted by EngagementHQ, a third party cloud based service platform owned and operated by Bang The Table Pty Ltd.  Please read their privacy policy before subscribing https://helpdesk.bangthetable.com/en/articles/1789098-data-and-information-security(External link) At the completion of a particular engagement activity your personal information will be transferred from Engagement Platform to the department. If you have agreed to be contacted for future engagement activities (by ticking the further contact box on the registration page) we may, from time to time, contact you directly to participate in engagement activities. You can choose to participate or to opt out of further communication or engagement at any time by emailing info@des.qld.gov.au. What personal information we collect Profile Information We collect information from you when you register to use this site. This includes your email address, current region in Queensland and decade of birth. Please note that you are able to browse any publicly accessible sections of this website completely anonymously without signing up. Engagement Information The content you create as part of your interactions within Engagement Platform will be used by the department in consultation reports and to inform service delivery. This content can include responses to surveys, submissions, or any of the other engagement opportunities.  We will not identify you when we publish content, unless we have your consent. We ask that you do not create content which includes other people’s personal information. Usage Information We collect information about your use of the site, such as pages visited, documents downloaded, etc. How we use the information we collect We collect this information in order to: analyse and interpret it to help meet our objectives; communicate information to you about engagement opportunities, events and other initiatives; and respond to enquiries and otherwise engage with stakeholders. Access and amendment of personal information You are entitled to seek access to your personal information and to amend records if they are inaccurate, misleading or out of date. You may apply online to access or amend your personal information at www.rti.qld.gov.au(External link) or email rti.des.qld.gov.au. Contact Us For further privacy information please go to: https://www.des.qld.gov.au/help/legal/privacy To opt out of further communication, to make a complaint or to contact us about any matter related to Engagement Platform please email info@des.qld.gov.au  Budget truck rental Renter Requirements  Prepay Rules 
 Pre-pay is not currently available. Optional Coverages 
 Loss Damage Waiver (LDW) 
Loss Damage Waiver (LDW) is included in Budget Australia rentals. LDW reduces customer liability from the full value of the Budget vehicle to the standard excess amount. 
Excess Options 
Excess Reduction (ER), available online or at counter, is an optional coverage that further reduces the standard excess. Credit Card Policies 
 Budget generally accepted credit and debit cards include; Visa, MasterCard, American Express and Diners Club. However, some locations may not accept all card types. At commencement of rental, Budget does not accept a prepaid or reloadable stored value card, a travel money card or an EFTPOS card. A credit or debit card must be presented at the start of rental. At the end of the rental, some Budget locations will accept a prepaid or reloadable stored value card as a final form of payment. Please Note: Rentals paid for by a valid credit/debit card will be subject to a card transaction fee of 1.29% (including GST) at time of pick-up. Budget Australia may require a customer renting a vehicle to complete a Rental Qualification Form and provide additional identification as it deems necessary or appropriate or in accordance with applicable law. Please see Rental Qualification Policy. Debit Card Policies 
 See Credit Card Policy above. Driver's License Requirements 
 The Driver must (i) hold a full and valid driving licence (not being a learner's licence or provisional licence), (ii) have an International Driving Permit (IDP) or official translation (if licence is not in Roman alphabet), (iii) have held their licence for minimum 12 consecutive months immediately prior to signing the Rental Agreement. An International Driving Permit is not a stand-alone document and this must be carried with your valid domestic driving licence for it to be valid. Additional Driver Policy 
 All additional drivers must meet the same minimum age & drivers licence requirements as the main renter. Each Additional Driver may be charged a daily fee. A young driver surcharge may apply. Age Requirements 
 The minimum age to drive a vehicle with Budget is 21 years of age. All drivers must hold a current, full and valid drivers licence, that has been valid for a minimum of 12 consecutive months. A young driver surcharge may apply. Cancellations 
 You may cancel your booking at any time by calling reservations or managing your booking online. Modifying Your Booking 
 * You may change your booking any time before the day you are due to pick-up the vehicle by calling reservations or managing your booking online (if available). We will send you a revised booking confirmation email confirming your new booking details. * Modifying or returning your vehicle to a different location, changing the dates or the rental duration, will result in the reservation being recalculated at the new daily rates and any applicable one way fees or other charges may apply. Pre-Authorisations 
 At the start of your rental, a hold will be placed on your credit/debit card for the total estimated rental charges plus an additional pre-authorisation. You must use an approved payment card that is in your name and has enough funds available. Commercial Vehicles * Up to $400 for credit or debit card payments. Please confirm with the pickup location A pre-authorisation holds an amount of money in your account. Once a pre-authorisation has been held, you will not be able to use that money. At the end of your rental, the final payment amount will be processed and if applicable, the unused portion of the pre-authorisation will be released. Depending on your bank, the money is usually released within 7-10 working days. Budget will not be held responsible for any overdraft fees. Privacy 
 The collection, use, disclosure and retention of your information, including your personal information, provided to us in connection with payment for our services and products, or participation in our programs, whether directly by you or on your behalf through a payment service, is subject our Privacy Notice located on our website or in the terms and conditions of the Rental Agreement and the Privacy Act 1988. Rates and Inclusions 
 The vehicle rental price is calculated based on your requested start and end dates and times, the rental location(s) and the type of vehicle you request. Unless stated otherwise, the price also includes all costs you must pay, for example, administration fees, GST, Vehicle Registration Fee (VRF) and any location surcharges. Rental Qualification Policy 
 Budget Australia may require a customer renting a vehicle to complete a Rental Qualification Form and provide additional identification as it deems necessary or appropriate or in accordance with applicable law. For further information and to download the form please click here. www.budgettrucks.com.au/en/rental-qualification-policy Travel Into Other Countries 
 See Travel Restrictions. Travel Restrictions 
 Area of Use Restrictions Restrictions may apply if you intend to take the vehicle outside the local area in which it is being collected. Local driving conditions and restrictions vary between locations, so you must contact the pickup location prior to your rental date for further information. During the ski season, vehicles may not be taken above the snowline (unless advised otherwise). Please contact your selected location for further information. Where You Can and Cannot Drive the Vehicle You and any Authorised Driver must not, unless authorised in writing by Budget drive or take the Vehicle: * to Gove Peninsula or any island off the coast of Australia (including, but not limited to, Kangaroo Island, Bruny Island, Fraser Island, Magnetic Island, Groote Eylandt or the Tiwi Islands) * to Kangaroo Island; however, if so authorised in writing by Budget, You and any Authorised Driver must not drive the Vehicle between dusk and dawn outside town limits; * into or out of the Northern Territory, Western Australia or Tasmania * In Queensland * on Highway No.27: beyond Chillagoe in a Westerly direction * on Highway No.1: beyond Normanton in a Southerly, direction and no further North than Karumba * beyond Cooktown to the North or Lakeland to the West and no further North than Cape Tribulation on the Coast Road * Or on the Coast Road from Helenvale to Cape Tribulation, or from Laura to Lakeland, unless the Vehicle is a 4 wheel drive vehicle * in the snow at any time and anywhere (including Tasmania) * above the snow line in New South Wales (being Jindabyne) or Victoria (being Bright), from the beginning of June until the end of September * on beaches or through streams, dams, rivers or flood waters * in Western Australia: * to any parts north of Carnarvon; * on the Kalumburu Road, Tanami Road, Canning Stock Route, Gunbarrel Highway and Holland Track: * on the Gibb River Road, Cape Leveque Road and Windjana Gorge unless the Vehicle is a 4WD Vehicle and is being driven in 4WD mode on these roads; * beyond 100 kilometres of the Perth city limits between dusk and dawn; or * outside any town or city limits between dusk and dawn. * in the Northern Territory: * on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or * outside any town or city limits between dusk and dawn. * Airside on any airport in Australia unless You have authorisation from Budget in writing. Budget TERMS AND CONDITIONS OF STANDARD RENTAL AGREEMENT Effective 18 May 2020OUR COMMITMENT TO YOUThe Avis Budget Group is a global car rental group servicing the car and truck rental needs of the leisure and business traveller. Within Australia, Budget operates in more than 230 corporate and licensee owned locations.We are committed to providing quality service and value for money. In particular:• we provide only current model vehicles; and• our vehicles are serviced and maintained in accordance withmanufacturers’ recommendations. Budget undertakes to transact its business:• fairly, reasonably and honestly and to encourage its suppliers,agents and others to act fairly, reasonably and honestly; and• with competence, care and prudence, ensuring due compliancewith the Code.CONSUMER RIGHTS STATEMENTAll Your rights set out in this Rental Agreement are in addition to Your rights as a consumer (Your Consumer Rights) under applicable consumer protection legislation, including the Australian Consumer Law.Your Consumer Rights are not excluded, restricted or modified by this Rental Agreement. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.CODEBudget is a member of the Australian Finance Industry Association - Fleet & Rental Division (AFIA). AFIA sets out standards for its members in a Code. A copy of the Code can be accessed at www.afia.asn.au/s/Car-Rental-Conciliation-Code of Practice.pdf.YOUR FEEDBACKBudget welcomes Your feedback. Please tell us where we are going wrong by contacting us through our website (www.budget.com.au) at ‘Customer Service’ or by phone or email. (We would also like to hear about what we are doing right).If You have specific issues or concerns please email customer.service@budget.com.au or phone 1800 150 278. Issues are logged and assigned an enquiry number, which You can use as a reference. Issues raised are managed by an experienced team of company employees to ensure swift resolution for You.Budget aims to resolve standard queries (not involving damage or insurance related issues) within 5 working days.There are occasions, for example hail storms, flood events, and so on, which may result in multiple claims around the same time. In such circumstances we aim for as prompt a resolution as possible.Damage or insurance related issues cannot be allocated a predetermined timeline because of the involvement of external parties over whom Budget has no time procedural control, but we aim for as prompt a resolution as possible.1 INTERPRETING YOUR RENTAL AGREEMENTThe rental agreement between Budget and You (Rental Agreement)is made on the date shown on the Rental Document You have signed in respect of the Vehicle, and is made up of that Rental Documentand these Terms and Conditions. The Rental Agreement, RentalDocument and these Terms and Conditions apply in addition to anyrepresentation made to You by Budget or Budget employees.By entering into the Rental Agreement, You also agree to be boundby the terms and conditions set out in:• Privacy Collection Statement (Annexure A)• Linkt Terms and Conditions (Annexure B)• Product Disclosure Statement and Policy Wording (if purchasedand applicable) (Annexure C)Fees and charges that Budget is entitled to charge without further consent from You other than signing the Rental Agreement are set out in the Pricing Schedule at Annexure D. Additional fees and charges for optional services or Accessories will be explained to You at the time they are offered to You or are disclosed in the Rental Document. If You have pre-paid Your Vehicle booking, You have also agreed to the Pre-Pay Terms and Conditions. To the extent of any inconsistency between this Rental Agreement and the Pre-Pay Terms and Conditions, the Pre-Pay Terms and Conditions prevail.In these Terms and Conditions: ‘Accessory’ means any equipment set out in the Rental Document,including (as applicable) any global positioning system receiver orsimilar device, dash cam, dezlcam or any child restraint, booster or similar equipment; ‘Account’ means the debit card, credit card or Budget chargeaccount to which Rental Charges are to be debited;‘Additional Driver Fee’ means the fee payable by You to Budget for the addition of an Authorised Driver aside from You; ‘Authorised Driver’ means You and any additional driver who is:• Your spouse;• Your employer, employee, fellow employee or partner if it is disclosed by You to Budget that the Vehicle is rented for business purposes; or• added to Your rental as an additional Authorised Driver using the additional drivers form or Rental Document;‘Australian Consumer Law’ means Schedule 2 to the Competitionand Consumer Act 2010; ‘Budget’ means Budget Rent a Car Australia Pty Limited ABN 89007 348 021 or, where applicable, an independent Budget Rent a Car System licensee; ‘Code’ means the Australian Finance Industry Association CarRental Code of Practice; ‘Collection Costs’ means Budget’s reasonable costs of collectingunpaid Rental Charges from You; ‘Excess Amount’ means the amount shown as ‘Excess Amount’ on the Rental Document; ‘Excess Reduction’ means the product called ‘Excess Reduction’that You may purchase before Your rental commences to reduce any Excess Amount payable;‘Fair Wear and Tear’ means Fair Wear and Tear described in theCode under the annexure headed “AFIA Fair Wear and Tear Guide -Rental Vehicles” and does not include damage (as set out in that annexure); ‘Insurance Policy’ means a policy of liability insurance arranged byBudget for Your and an Authorised Driver’s liability to a third party fordamage to the property of that third party which is caused by the legaluse of the Vehicle by You or an Authorised Driver;‘Late Return Charge’ means a single charge payable by You if Youdo not return the Vehicle on the date and by the time shown onthe Rental Document or an alternative return date and time as agreedwith Budget under clause 6.1(a);‘Loss Damage Waiver’ means the loss damage waiver describedon the Rental Document as LDW which reduces Your financialresponsibility for loss or damage to the Vehicle to the Excess Amount;‘Manufacturer’s Specifications’ means the specifications of themanufacturer of the Vehicle as set out in the Vehicle’s operationsmanual located in the glove box of the Vehicle;‘Overhead Damage’ means damage (excluding hail damage) to the Vehicle during the Rental Period above the top of the front and back windscreens, damage to the box section of a commercial vehicle above the front windscreen or damage to third party property, caused by the Vehicle coming into contact with anything overhanging or obstructing its path, objects being placed on the roof of the Vehicle, or You or any person standing or sitting on the roof of the Vehicle;‘Pre-Pay Terms and Conditions’ means the terms and conditions relating to when You choose to pre-pay at time of reservation with Budget;‘Refuelling Service Fee’ means the cost of fuel per litre plus Budget’s reasonable costs associated with arranging to fill the Vehicle with fuel;‘Rental Charges’ means the fees, costs, amounts and charges specified on the Rental Document and Pricing Schedule or payable under this Rental Agreement;‘Rental Document’ means a legally binding contract made between Budget and You or the person hiring the Vehicle and any Authorised Driver;‘Rental Period’ means the period commencing on the date shown on the Rental Document and ending on the date that You return the Vehicle to Budget;‘Roadside Assistance Cover’ means the provision of the roadside assistance services described in clause 5.4 for the Roadside Assistance Cover fee specified in the Pricing Schedule;‘Roadside Callout Fee’ means a charge for an individual roadside assistance callout event, as specified in the Pricing Schedule;‘State’ means a state within Australia including New South Wales, Victoria, Queensland, Western Australia, South Australia and the island of Tasmania;‘Substitute Vehicle Insurance’ means a policy of motor vehicle insurance held by You or an Authorised Driver which covers You or the Authorised Driver while using the Vehicle as a substitute for the vehicle insured under that policy;‘Territory’ means Northern Territory or Australian Capital Territory;‘Terrorist Act’ has the meaning in section 100.1 of the Criminal Code Act 1995 (Cth) as at 1 March 2018;‘Underbody Damage’ means damage to the Vehicle during the Rental Period caused by the Vehicle coming into contact with anything below the bottom of the door seal and the bottom of the front and rear bumper bars where Budget considers, acting reasonably, that the driver of the Vehicle is reasonably at fault for that damage;‘Vehicle’ means the vehicle described on the Rental Document (or any substitute vehicle), and includes its parts, components, keys, remote opening devices, any tag or device for paying electronic tolls, all Accessories and contents supplied by Budget unless the context requires otherwise;‘We’ refers to Budget;‘Windscreen and Tyre Protection’ is available at selected locations and reduces your potential liability to Budget for damage to the Vehicle’s windscreen, windows and tyres. The cover protects you for damage to your Vehicle’s windscreen, front or back windscreens, and all side window glass and tyres, which means all four tyres, including the spare tyre. The exclusions to this coverage are Vehicle mirrors, headlights, any part of the wheel (i.e. hubcap, rim and alloy wheels) or using the Vehicle in breach of these terms and conditions. ‘You’ or ‘Your’ refers to the person(s) with whom the Rental Agreement is made; and‘4WD’ means a Vehicle with a four-wheel drive transmission system that can be engaged in four-wheel drive mode.2 DRIVER2.1 You agree and acknowledge that:(a) only You or an Authorised Driver will drive the Vehicle; and(b) You and any Authorised Driver hold a current and valid licence(not being a learner’s licence or provisional licence) to drive theVehicle and have been licensed to drive vehicles of the samecategory as the Vehicle for at least 12 consecutive monthsimmediately prior to signing the Rental Document.2.2You are responsible for the acts and omissions of each AuthorisedDriver and any other person You or an Authorised Driver allowsto drive the Vehicle and neither You nor any unauthorised driver willhave the benefit of the Loss Damage Waiver option or ExcessReduction option (if accepted or included in Your Rental Charges) ifYou or an Authorised Driver allows an unauthorised driver to drivethe Vehicle and that unauthorised driver causes loss of or damageto the Vehicle or damage to the property of a third party.2.3To add an additional Authorised Driver, You must pay the AdditionalDriver Fee. The additional Authorised Driver must provide toBudget a copy of a current and valid licence confirming that theadditional Authorised Driver is authorised to drive the Vehicle at thetime the Rental Document is signed.3 WHERE YOU CAN AND CANNOT DRIVE THE VEHICLE3.1You and any Authorised Driver must only use the Vehicle:(a) on a road which is properly formed and constructed as a sealed,metalled or gravel road (unless the Vehicle is a 4-wheel drive (4WD) Vehicle and in Western Australia where it may only beused on graded, unsealed roads where You have authorisationfrom Budget in writing);(b) in Western Australia You and any Authorised Driver must notuse the Vehicle off road (e.g. on a fire trail, beach, track, grassedarea or to cross streams or any other body of water) unless You have authorisation from Budget in writing.3.2 You and any Authorised Driver must not, unless authorised in writingby Budget, drive or take the Vehicle:(a) to Gove Peninsula or any island off the coast of Australia(including, but not limited to, Bruny Island, Fraser Island, GrooteEylandt, or the Tiwi Islands);(b) to Kangaroo Island; however, if so authorised in writing byBudget, You and any Authorised Driver must not drive the Vehiclebetween dusk and dawn outside town limits;(c) into or out of the Northern Territory, Western Australia or Tasmania; (d) in Queensland:(1) on Highway No. 27: beyond Chillagoe in a westerly direction;(2) on Highway No. 1: beyond Normanton in a southerly directionand no further north than Karumba;(3) if the Vehicle is a passenger vehicle or truck, beyond Cooktown to the north or Lakeland to the west and no further north than Cape Tribulation on the Coast Road; or(4) on the Coast Road from Helenvale to Cape Tribulation, unless the Vehicle is a 4WD Vehicle.(e) in the snow (at any time and anywhere (including Tasmania));(f) above the snow line in:(1) New South Wales (being Jindabyne); or(2) Victoria (being Bright), from the beginning of June until the end of September.(g) on beaches or through streams, dams, rivers or flood waters;(h) in Western Australia:(1) to any parts north of Carnarvon;(2) on the Kalumburu Road, Tanami Road, Canning StockRoute, Gunbarrel Highway and Holland Track;(3) on the Gibb River Road, Cape Leveque Road and Windjana Gorge unless the Vehicle is a 4WD Vehicle and is being driven in 4WD mode on these roads;(4) beyond 100 kilometres of the Perth city limits between dusk and dawn; or(5) outside any town or city limits between dusk and dawn.(i) in the Northern Territory:(1) on the Jim Jim Falls Road to Jim Jim Falls and Twin Falls; or(2) outside any town or city limits between dusk and dawn. (j) airside on any airport in Australia unless You have authorisationfrom Budget in writing.4 USE OF THE VEHICLE4.1 You and any Authorised Driver must:(a) not use, or allow the Vehicle to be used, for any illegal purpose,race, contest or performance test of any kind;(b) not, without Budget’s prior written consent, use, or allow theVehicle to be used, to push anything;(c) not carry, or allow the Vehicle to carry, more passengers thanmay be properly accommodated by the seat belt restraintsprovided in the Vehicle and must ensure that each passenger in the Vehicle appropriately uses the seat belt restraint;(d) not be under the influence of alcohol, drugs or have a bloodalcohol or drug content that exceeds the legal limit in the State orTerritory in which the Vehicle is driven;(e) not, without Budget’s prior written consent, use or allow theVehicle to be used to carry passengers for payment of any kind;(f) not use the Vehicle when it is damaged or unsafe;(g) provided it is reasonable in the circumstances to do so, not drive the Vehicle after an accident or hitting an object (including an animal) until You have obtained Budget’s prior written consent to do so;(h) not use the Vehicle to transport goods, except in compliance withall necessary approvals, permits, licences and governmentrequirements (to be obtained at Your cost) and in accordancewith the Manufacturer’s Specifications and Budget’s recommendations;(i) not smoke within the Vehicle or allow any other person to smokewithin the Vehicle at any time;(j) not, without Budget’s prior written consent, use the Vehicle tocarry any inflammable substance which has a flash point under22.8°C or any other explosive or corrosive substances;(k) not use the Vehicle to prepare, commit or assist in any Terrorist Act;(l) not use the Vehicle for the conveyance or towing of any loadunless You have Budget’s prior written consent; the load iscorrectly loaded and secured and not in excess of that for whichthe Vehicle was manufactured; for towing, the Vehicle is fittedwith a tow bar; and the conveyance or towing is undertaken inaccordance with the Manufacturer’s Specifications and Budget’s recommendations; and(m) not use the Vehicle in contravention of any law.5 MAINTENANCE, SECURITY AND CLEANING5.1 You and any Authorised Driver must:(a) maintain all of the Vehicle’s engine oils and engine coolant levelsto the Manufacturer’s Specifications, provided that Budget hasprovided the Vehicle to You with engine oils and engine coolantat levels which reflect the Manufacturer’s Specifications;(b) keep the Vehicle locked when it is unattended and the keys underYour or the Authorised Driver’s personal control at all times; and(c) comply with all applicable seat belt and child restraint laws.5.2Budget will provide 24 hour roadside assistance for all inherentmechanical faults (as reasonably determined by Budget or itsauthorised repairer) at no additional cost provided that the fault doesnot arise as a result of any unauthorised use of the Vehicle in breachof clauses 3 or 4.1 (save, in respect of clause 4.1(m), for minor infractions).5.3You acknowledge that Budget may from time to time receivetelematics data from device-equipped vehicles where drivermonitoring is enabled, including fuel levels, distance, speed, vehiclelocation data (including the longitude and latitude and direction oftravel), vehicle damage detection data, vehicle diagnostic information(such as advice that the engine warning light has activated),braking, acceleration and cornering data.5.4 For each roadside assistance callout for a fault or incident caused byYour act or omission (including, but not limited to emergency refuelling(up to an amount required to reach the nearest petrol station), atyre-related incident, lost keys, keys locked in vehicle, or a flat batterydue to lights or other electrical equipment being left on), You will becharged the Roadside Callout Fee, unless You have purchased Roadside Assistance Cover.5.5Roadside Assistance Cover does not apply if the Vehicle has beenused in breach of clause 3 or 4.1 (save, in respect of clause 4.1(m),for minor infractions) or in respect of any additional amount(s)payable under clauses 8.1 and 8.3.5.6You must not have repairs to the Vehicle carried out unless Budgetauthorises You to do so in writing. Budget requires verification of thecost of repairs for reimbursement and GST purposes. You shouldobtain an original tax invoice/receipt from the repairer to assistBudget. Budget will reimburse You for any repairs to the Vehicleauthorised by Budget in writing, provided that Budget can verify thecost of those repairs. To the extent that Budget cannot verify thecost of repairs, Budget will not reimburse You.5.7 If You or another person has been using the Vehicle during the RentalPeriod in breach of clause 4.1(i) or returned the Vehicle in anexcessively poor condition (excluding Fair Wear and Tear); You maybe required to pay the cost of any professional cleaning or odourextraction reasonably incurred by Budget and a reasonableadministrative fee reflecting the cost of making arrangements forprofessional cleaning or odour extraction.5.7 If You or another person has been using the Vehicle during the RentalPeriod in breach of clause 4.1(i) or returned the Vehicle in anexcessively poor condition (excluding Fair Wear and Tear); You maybe required to pay the cost of any professional cleaning or odourextraction reasonably incurred by Budget and a reasonableadministrative fee reflecting the cost of making arrangements forprofessional cleaning or odour extraction.6 RETURN OF VEHICLE6.1 You must return the Vehicle to Budget:(a) to the place, on the date and by the time shown on the RentalDocument unless You have informed Budget of a change prior tothe return date and time and Budget has agreed to the change; and(b) in the same condition as it was at the commencement of theRental Period, Fair Wear and Tear excepted.6.2If You tell Budget that You wish to return the Vehicle to a locationother than that stated on the Rental Document, Budget will adviseYou of the amount of the ‘one-way fee’ that You will incur (unlessclause 6.5(a) applies to You). If You do not tell Budget in advance,You must pay a ‘one-way fee’ of up to $2 per kilometre (dependingon the type of Vehicle and the distance travelled) to be determinedand paid at the end of the Rental Period. You will also be liable forany Rental Charges calculated under clause 6.3 or 6.4.6.3 If You:(a) return the Vehicle at a later date or time than that shown on the Rental Document;(b) return the Vehicle to a place other than that shown on the Rental Document; or(c) do not comply with any special conditions set out in the ‘Rates’section on the Rental Document,the rates shown on the Rental Document may not apply and You must pay the rate that is reasonable in the circumstances for the Vehicle for the Rental Period as well as the Late Return Charge.6.4 If You return the Vehicle at an earlier date or time than agreed, therates shown on the Rental Document will not apply and You must paythe rate that was applicable for the Vehicle for the Rental Period (whichis likely to be higher than the rates shown on the Rental Document).6.5Budget may request the immediate return of the Vehicle, or Budget may recover the Vehicle without notice, if:(a) the credit limit on Your method of payment wouldbe exceeded by the debiting of the Rental Charges for arequested extension of the rental of the Vehicle or if a ‘one-wayfee’ becomes payable by You;(b) the Rental Period expires without satisfactory arrangementshaving been made by You with Budget; or(c) Budget reasonably suspects that:(1) the Vehicle may be used for an unlawful purpose;(2) damage to the Vehicle, or injury to persons or property, is likely to occur; or(3) the Vehicle will be involved in an industrial dispute.6.6If You do not return the Vehicle on the date and by the time shownon the Rental Document (or any extended date or time agreed withBudget in writing) then:(a) after written notice to You and if the location of the Vehicle isunknown, Budget may report the Vehicle as stolen to the police; and(b) You must pay Budget all Rental Charges (including additionalRental Charges) and compensate Budget in accordance withclause 8 for any loss Budget suffers (including all reasonableadditional costs Budget incurs in recovering the Vehicle) up tothe time that the Vehicle is recovered by Budget.6.7If You have breached the Rental Agreement and Your breach of theRental Agreement (or a breach of the Rental Agreement by anyAuthorised Driver) has caused the downtime of the Vehicle, You willbe liable to pay a per day loss of revenue fee based on the actualdowntime of the Vehicle (or, where the actual downtime of the Vehicleis not known, a reasonable estimate of that downtime).7 FUEL7.1You must fill the Vehicle only with the fuel type specified in theManufacturer’s Specifications.7.2If You drive the Vehicle less than 120 kilometres during the RentalPeriod, You will be charged the Refuelling Service Fee per kilometredriven as set out in the Rental Document. Budget will waive theRefuelling Service Fee if You present a receipt indicating You haverefuelled the Vehicle and the Vehicle has the same level of fuel thatthe Vehicle had when You rented it, as determined reasonably byBudget’s visual, electronic or other inspection of the Vehicle’s fuel gauge.7.3 If:(a) You drive the Vehicle 120 or more kilometres during the Rental Period;(b) You do not select the ‘prepaid fuel option’ in the Rental Document(where that option is available); and(c) You return the Vehicle with less fuel in the Vehicle than theVehicle had when You rented it;You must pay Budget the Refuelling Service Fee amount per litre asset out on the Rental Document. The Refuelling Service Fee amountreflects the cost of fuel per litre plus Budget’s reasonable costsassociated with arranging to fill the Vehicle with fuel.7.4 For the purpose of clause 7.3 the fuel level of the Vehicle at the time You rent it and at the time You return it to Budget is determined byvisual, electronic or other inspection by Budget of the Vehicle’sfuel gauge, and the kilometres driven, however if a Refuelling ServiceFee amount is charged, that amount will be based on the number of litres of fuel actually put into the Vehicle to return it to the level of fuelthat the Vehicle had when You rented it.8 LIABILITY FOR LOSS OR DAMAGE8.1 You are liable to compensate Budget for any damage to or loss of theVehicle, including theft of the Vehicle, during the term of Your RentalAgreement, subject to clauses 8.3, 8.4 and 9.8.2 You are also liable for damage to third party property which is caused or contributed to by You or an Authorised Driver or any person You orthe Authorised Driver allow to drive the Vehicle.8.3If, acting reasonably, We accept that the loss or damage referred toin clause 8.1 was not Your fault, You will not be liable to compensate Budget provided:(a) You are resident in Australia;(b) You provide Budget with the following details of the incident:(1) the name, residential address, contact phone and licencenumber of any person involved;(2) the registration numbers of all vehicles involved;(3) an accurate description of the incident and location;(4) the names of any attending police officers and the stations at which they are based;(5) the name of the insurer of any third party You believe was at fault; and(c) Budget reasonably believes that it will recover the amount of loss or damage from the third party.8.4 Budget is liable for any damage to or loss of the Vehicle that is our fault. This includes:(a) any failure on our part to properly maintain the Vehicle; and(b) loss or damage directly due to our negligence or wilful default.9 LOSS DAMAGE WAIVER9.1 Subject to clause 9.2, if You are liable to compensate Budget, We willwaive that liability if:(a) You had accepted and paid for the Loss Damage Waiver optionon the Rental Document (or if it is included in Your rate); and(b) You pay the Excess Amount stated on the Rental Document foreach separate event involving:(1) damage (including hail damage) to, or loss of, the Vehicle; or(2) damage which is caused by You or an Authorised Driver.9.2 The waiver in clause 9.1 will not apply to:(a) Overhead Damage or Underbody Damage (including, withoutlimitation, damage which occurs if You come into contact withincluding, but not limited to, a bridge, a tunnel, a tree, or theroof or boom gate of a car park; or damage, including but notlimited to, the exhaust systems, suspension and chassis caused by carelessly driving over gutters or kerbs or driving along poorquality roads at excessive speeds) which damage is notattributable to Fair Wear and Tear;(b) You driving the Vehicle in a manner that results in total or partialinundation or immersion of the Vehicle in water or exposure ofthe Vehicle to salt water (including, without limitation, damagewhich occurs as a result of You driving the Vehicle through floods, creeks or rivers);(c) damage to the Vehicle caused by a breach of clause 3, 4.1, 5.1or 5.6 (save, in respect of clause 4.1(m), for minor infractions);(d) damage to a tyre or an Accessory not attributable to Fair Wearand Tear that is caused deliberately or recklessly by You; (e) theft of the Vehicle, unless You report the Vehicle as stolen to thepolice immediately on becoming aware of the theft and provide acopy of the police report to Budget as soon as you receive it;or(f) loss or damage to Your property, the property of a member of Your immediate family or of a person related to You if that loss ordamage is from a breach of these terms and conditions.For the purposes of paragraphs 9.2(a) to 9.2(e), any reference to Youincludes an Authorised Driver and any person You or the AuthorisedDriver allow to drive the Vehicle.10 INSURANCE POLICY - THIRD PARTY PROPERTY DAMAGE10.1 In the event of an unintended collision between the Vehicle and any other object, including another vehicle, during the Rental Periodthat results in damage to the property of any third party, Budget willensure that You are indemnified under the Insurance Policy subject to its terms, conditions and exclusions if:(a) the payment for the Insurance Policy was included in Your rate;(b) the damage or loss was caused whilst the Vehicle was driven orused by You or an Authorised Driver; and(c) You pay the Excess Amount stated on the Rental Document.11 HOW THE INSURANCE POLICY IS ARRANGED11.1This clause 11 applies only to Rental Agreements with Budget Renta Car Australia Pty Limited (ABN 89 007 348 021). Information oninsurance arrangements under Rental Agreements with independentBudget Rent a Car System licensees or agents will be addressed inseparate clauses provided by that licensee or agent.11.2For the purposes of the Insurance Policy, Budget is a grouppurchasing body under ASIC Class Order [CO 08/1] and hasarranged the cover through a group policy of insurance issued toBudget by AIG Australia Ltd (AIG). General factual informationabout coverage under the Insurance Policy is set out herein underclause 10. Budget will ensure that You receive a copy of the policywording for the Insurance Policy at no charge and within a reasonabletime after such request.11.3Budget is not the issuer of the cover and does not guarantee anybenefits under the group policy. This means that any claim under thecover will be covered and paid by AIG.11.4 Budget is not authorised to provide any financial advice in respectof the cover. You may consider obtaining Your own financial productadvice about the cover from a person who is able to give such adviceunder an Australian Financial Services Licence.11.5If the group policy of insurance is terminated AIG will continue to meetthe claims under the cover specified in the policy wording belowprovided You have purchased the cover prior to termination of thegroup policy. Budget will give You prior notice if the group policy ofinsurance terminates but does not need to notify You if substantiallysimilar cover applies or will apply for such duration (or remainder ofthe duration of the cover). If You are not provided with such notice,Budget may be liable to compensate You for any loss or damageYou may suffer as a result of Budget’s failure to notify You. You canverify the status of the cover by contacting AIG at 1300 030 886.11.6Budget does not act on behalf of AIG or receive any commission orbenefit from AIG in purchasing this cover. Budget may howeverrecover administration costs from You in relation to the administrationand servicing of this cover.11.7 Irrespective of whether You are covered under the Budget Rent a CarAustralia Pty Limited Personal Accident Insurance (PAI), PersonalEffects Insurance (PEI) Policy issued by AIG, the following terms,rights, obligations and disclosures found in the Product DisclosureStatement in Annexure C relating to such cover equally apply to thecoverage provided to You under the Insurance Policy:(a) Part 7-Dispute Resolution;(b) Part 8-Duty of Disclosure;(c) Part 9-Privacy Notice; and(d) Part 10-Financial Claims Scheme.12 PAYMENT FOR LOSS OR DAMAGE12.1 If:(a) You are required to pay an Excess Amount under clause 9.1(b) or 10.1(c);(b) fault has not been determined but Budget reasonably regardsYou as being the party at fault; or(c) You are not ordinarily resident in Australia;Budget will debit Your Account with the Excess Amount.Where you are liable under both clause 9.1(b) and 10.1(c) for theExcess Amount, only one Excess Amount will be debited by Budget.The Excess Amount will be debited at the time of loss of, or damageto, the Vehicle and or damage to the property of any third party.If Budget subsequently comes to a reasonable belief that a third partyor the insurer of a third party will pay Budget for the loss or damageto the Vehicle, Budget will, within a reasonable period of time offorming that belief, refund You the Excess Amount.12.2If You report in writing that a third party has been involved in anaccident, Budget will take reasonable steps to determine fault and,where practicable, obtain an admission from the third party or thethird party’s insurer. If Budget obtains that admission and You areordinarily resident in Australia and have an Australian driver’s licence,Budget will not debit Your Account with the Excess Amount.12.3(a) for the purposes of this clause 12.3, ‘Recovery Cost’ means, inrelation to the loss of, or damage to, the Vehicle the sum of:(1) any appraisal fees actually and reasonably incurred;(2) any towing, storage and Recovery Costs actually and reasonably incurred; and(3) a reasonable administrative fee reflecting the cost ofmaking arrangements for repairs and towing and other administrative activities.(b) if clause 8.1, 9.1 or 9.2 applies, Budget will notify You of theRecovery Cost. You must pay to Budget, or You authoriseBudget to debit Your Account with, the Excess Amount at thetime of loss of, or damage to, the Vehicle pending Budget’sassessment of the loss and damage and, if applicable, the repairof the Vehicle, subject to Your right to a refund under clause 12.5.(c) for the purposes of calculating any refund under clause 12.5,Budget will add the Recovery Costs to the amount of the costs ofdamage and repair to the Vehicle.(d) if clause 8.1 applies, and if the total of the Recovery Costs andthe costs and fees that You must pay under clause 9.1 is greaterthan the Excess Amount, You must pay the Excess Amount toBudget, or Budget may debit Your Account with that amount.12.4Where You are required to pay Budget under clause 8, the amountYou must pay for any loss, damage, repair, cost or fee:(a) may be reasonably determined by Budget; and(b) in relation to damage to the Vehicle, is the lesser of the cost ofrepairs to the Vehicle or the market value of the Vehicle at thetime of the damage.12.5If the amount determined by Budget and paid by You under clause12.3(a) exceeds the final cost of the loss, damage or repair, Budgetwill refund the difference to You within a reasonable period of time.12.6 Budget will provide details to You of the final cost of the loss, damageor repair on request by You and within a reasonable period of time.These details will include supporting documentation such as copiesof the assessment, repair, towing and assessing invoices and photosof damage if Budget is required to provide these under the Code.12.7 If You report the Vehicle as stolen to Budget and to the police inaccordance with these Terms and Conditions, Budget will debit Your Account for the Excess Amount. Budget will initiate enquiries withthe relevant authorities with a view to recovering the Vehicle. If theVehicle is recovered, Budget will refund the Excess Amount less anyamount for damage arising from the condition in which the Vehicle isfound as a result of the theft, which is not recovered from a third party.13 GREENHOUSE INITIATIVE13.1If You make the optional contribution towards Budget’s greenhouse initiative (Initiative) then Budget will pay the full amount of Youcontribution towards that Initiative and its administration. That meansthat Budget will use up (or have used up on its behalf) a quantity ofoffsets from projects approved under the National Carbon OffsetStandard of the Australian Government which will offset at leastsome of the greenhouse gases generated by Your use of the Vehicle.For more information on the National Carbon Offset Standard, visit the Government’s website at: www.environment.gov.au/climate-change/carbon-neutral/ncos.14 CLAIMS AND PROCEEDINGS14.1 Where the use of the Vehicle by You, or an Authorised Driver, or anyother person results in an accident or claim, or where damage or lossis sustained to the Vehicle or the property of any third party (Incident),You must ensure that You or any Authorised Driver:(a) promptly reports the Incident to the local police (if required by law);(b) promptly reports the Incident in writing to Budget;(c) not make or give any offer, promise of payment, settlement,waiver, release, indemnity or admission of liability in relationto the Incident, except to the extent that You or the AuthorisedDriver are required to provide a statement to the police;(d) permits Budget, or its insurers at their own cost to bring, defend,enforce or settle any legal proceedings against a third party inYour name or in the name of the Authorised Driver in relation to the Incident;(e) permits or ensures that Budget or its insurers may claim in Yourname or that of the Authorised Driver under any applicableSubstitute Vehicle Insurance, and assist, and cause theAuthorised Driver to assist, Budget in making such a claim,including assigning any right to claim under any SubstituteVehicle Insurance to Budget; and(f) completes and furnishes to Budget or its insurers within areasonable time any statement, information or assistance whichBudget or its insurers may reasonably require, including attendingat a lawyer’s office and at Court to give evidence.14.2Budget will meet the reasonable out-of-pocket expenses of You orthe Authorised Driver in complying with clause 14.1(e) or 14.1(f).14.3If You do not comply with clause 14.1(b), and Budget, or its insurerare unable to investigate the Incident in full due to this non-compliance,Budget will, if it is reasonable to do so, notify You of the amount ofthe Rental Charges and, if those charges are not disputed by Youwithin 5 working days, then by these Terms and Conditions Youauthorise Budget to debit from Your Account all Rental Chargespending receipt of a report about the Incident made by You or theAuthorised Driver (as the case may be).15 PAYMENT15.1 At the end of the Rental Period, You authorise the debit of YourAccount by Budget to pay:(a) all Rental Charges;(b) any amount paid or payable by Budget or You to any personarising out of Your use of the Vehicle or imposed on You orBudget by any government or other competent authority;(c) the replacement cost (as reasonably determined by Budget) fora lost or stolen Accessory;(d) the card surcharge payable for the method of payment Youchose to use for Your Account; and(e) any amount which You reasonably owe to Budget under theRental Agreement, in respect of a breach of the Rental Agreement or otherwise.Budget will provide to You clear information containing sufficientdetail about any amount payable under this clause 15.1, includinga clear justification with respect to the amounts charged and howthese amounts have been calculated.15.2 Each Rental Charge calculated and invoiced to You at the time of thereturn of the Vehicle is subject to subsequent verification by Budget. IfBudget reasonably determines that a Rental Charge should be adjusted,Budget will provide details to You if Budget has Your contact details.15.3 The minimum charge You must pay for the rental of the Vehicle is anamount equivalent to:(a) one day’s rental at the ‘daily rate’ shown on the Rental Document (subject to clause 6.4); and(b) the amount payable for the number of kilometres driven duringthe Rental Period.15.4 Distance charges (including the number of kilometres driven) aremeasured from the Vehicle’s odometer.15.5 Budget will notify You of all amounts payable to Budget under clause15.1. You may dispute these amounts by contacting customer.service@budget.com.au within 5 working days of the notificationbeing sent under this clause 15.5. You authorise Budget to chargeand debit from Your Account all undisputed amounts payable toBudget under the Rental Agreement.15.6If You pay Your Rental Charges by credit or debit card, Youacknowledge that it may take up to 7–10 business days for Yourfinancial institution to release any amount which has been authorisedby that institution at the request of Budget under clause 15.1 which isin excess of Your Rental Charges.15.7Budget will pay, within 14 days, any refund due to You by suchmethod as Budget may reasonably choose.15.8If You fail to pay any amount due under or in connection with theRental Agreement within 14 days of the date by which You wererequired to pay the amount, You must also pay Budget and Youauthorise Budget to debit from Your Account:(a) interest at 10% per annum (compounded daily) on the amountfrom the expiry of 14 days from the date on which You wererequired to pay the amount to the date of payment; and(b) on and as demanded, Budget’s Collection Costs includinginterest on Budget’s Collection Costs calculated in accordancewith clause 15.8(a) from the date of demand.Budget will notify You of all amounts payable to Budget under thisclause 15.8. You may dispute these amounts by contactingcustomer.service@budget.com.au within 5 working days of thenotification being sent under this clause. You authorise Budget tocharge and debit from Your Account all undisputed amounts payableto Budget under this clause to Your Account.16 TERMINATION16.1Either party may terminate the Rental Agreement at any time if theother party commits a material breach of the Rental Agreement.16.2You may terminate the Rental Agreement if Budget increases theRental Charge specified in the Rental Document for a reason that isnot due to an act or omission of You or the Authorised Driver.16.3 Subject to clauses 6.2 to 6.6 (inclusive) and 15.3, You may terminatethe Rental Agreement at any time by returning the Vehicle to Budget.17 PROPERTY IN VEHICLE17.1Unless Budget or a Budget employee acting in the course of theiremployment is negligent, or fraudulent, Budget is not liable to anyperson for any loss of, or damage to any property:(a) left in the Vehicle after its return to Budget; or(b) stolen from the Vehicle or otherwise lost during the Rental Period.18 PERSONAL PROPERTY SECURITIES LAW18.1The following terms have their respective meanings in the PersonalProperty Securities Act 2009 (Cth) (PPSA) – financing statement,interested person, register, proceeds, security agreement and security interest.18.2 You acknowledge that:(a) by renting the Vehicle from Budget, You may be granting asecurity interest in the Vehicle (and any proceeds) to Budget, andthat this Rental Agreement may constitute a security agreement;(b) any security interest arising under this Rental Agreementattaches to the Vehicle when You obtain possession of the Vehicle and not at any other time; and(c) Budget may perfect its security interest by lodging a financingstatement on the PPSA register.18.3Budget does not need to give You any notice under the PPSA(including a notice of a verification statement) unless the notice isrequired by the PPSA and that requirement cannot be excluded.18.4You must do anything reasonably required by Budget to enableBudget to register its security interest, with the priority it requires, andto maintain the registration.19 DISPUTE RESOLUTION19.1Budget will use its best endeavours to respond to Your complaintwithin 15 business days of the date of receipt of the complaint,provided Budget has all necessary information and has been able tocomplete any investigation required.19.2If Budget cannot respond within 15 business days, We will let Youknow as soon as reasonably practicable (and within 15 days ofreceiving Your complaint) of the revised response date.19.3 Your complaint will be reviewed by an Budget employee who:(a) has appropriate experience, knowledge and authority, and(b) is different from the person or persons whose decision is the subject of the complaint.19.4 Budget’s response to the review of a customer’s complaint will be inwriting and will include:(a) the final decision in relation to the complaint;(b) the reasons for that decision; and(c) the right to take the dispute to external dispute conciliation.19.5If You do not accept the resolution of Your complaint through ourinternal dispute resolution process, You may refer the matter to theAustralian Car Rental Conciliation Service (ACRCS) facilitated bylodging a complaint online at https://www.carrentalconciliationau.comor by calling toll free 1800 366 840.19.6 Budget will participate in ACRCS process in good faith, including bybeing represented by an employee or representative who has sufficientauthority to negotiate and agree an outcome with You. Budget willcomply with any directions made by the ACRCS for the conduct ofthe conciliation. Budget will seek to resolve the matter with Youduring the conciliation and will consider any recommended resolution.20 PRIVACY20.1Any personal information provided by You (whether personal informationof You or another individual which You have the necessary consentsto provide) may be collected, used and disclosed by Budget for thepurposes contemplated by this Rental Agreement (including thePrivacy Collection Statement) and Privacy Notice which can be found at www.budget.com.au/privacy. You agree that by entering into thisRental Agreement, You have read the Privacy Collection Statementand Privacy Notice, understood its contents and consented to its requirements.20.2You must not provide Budget with any personal information ofanother individual unless You first make them aware of the PrivacyCollection Statement and Privacy Notice and have their consent toprovide such personal information to Budget.ANNEXURE APRIVACY COLLECTION STATEMENTWe at Budget recognise the importance of protecting your personal information. This collection statement explains how the Budget Group (see ‘About Budget‘ below) protects your privacy and summarises how it collects, uses and discloses personal information about you. For our full Privacy Policy (“our Privacy Notice”) please see the Privacy Notice at www.Budget.com.au/privacy or contact us to request a copy.This collection statement applies to personal information we collect and hold about you in Australia only. Because the Budget Group operates a vehicle rental system in many countries, your personal information will also be held in and accessible by Budget Group staff located in other countries.ABOUT BUDGETBudget Rent a Car Australia Pty Ltd ABN 89 007 348 021 (BUDGET) is a subsidiary of Budget Rent A Car System, LLC., located in the United States. These companies are part of the Budget Group. Through these companies, and their subsidiaries and licensees, the Budget Group manage thousands of Budget car rental locations around the globe.For this collection statement, Budget, we, us or our means Budget and its licensees; Budget Group means all Budget companies and licensees world wide.WHAT PERSONAL INFORMATION DOES BUDGET AUSTRALIA COLLECT ABOUT ME AND HOW DOES IT COLLECT IT?When you rent a vehicle from Budget, we need to collect certain information from you. The service you use will determine what information we collect from you. That information may include your name, contact details, date of birth, driver’s licence number, passport details, payment details, referees, company name and employee number. We may collect information about you from you or through a travel agent, a corporate program, your representatives, one of our partner programs or a credit reporting body. We may also use electronic tools to monitor the location, usage and servicing of your vehicle, including your speed, time, fuel consumption, distances travelled and current and previous locations visited. Some of this information collected by these electronic tools may constitute personal information within the meaning of the Privacy Act 1988 (Cth).We are required or authorised to collect some personal information under laws such as the following State/Territory vehicle registration laws: Road Transport (Driver Licensing) Act (ACT), Road Transport Act (NSW), Motor Vehicles Act (NT), Transport Operations (Road Use Management) Act (QLD), Motor Vehicles Act (SA), Vehicle and Traffic Act (TAS), Road Safety Act (VIC) and Road Traffic Act (WA). If we are unable to collect your personal information, this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would normally expect from us.Where you provide us with personal information about someone else you must have their consent to provide their personal information to us for the purposes set out in this collection statement.By providing your personal information, you agree that it will be used and disclosed by Budget in accordance with this statement and our Privacy Notice. If you do not agree you must not provide your personal information andwe may not be able to communicate with you or provide certain services to you.HOW IS MY PERSONAL INFORMATION USED OR DISCLOSED BY BUDGET?We may use and disclose your personal information for the following purposes:General purposesWe use your personal information to:• provide the services that you request;• do all things necessary to administer those services;• research, develop, manage, protect and improve our services and vehicles;• communicate with you regarding your vehicle, safety, arrangements with us and other matters;• investigate, prevent and deal with fraud, unlawful activity and breaches of our agreement with you;• conduct customer satisfaction surveys and inform you of improvements to our services; and maintain and develop our software and other business systems.Disclosure to third partiesWe may disclose your personal information to third parties around the world including:• other members of the Budget Group;• your company or organisation if you use our services under a corporate account;• one of our program partners if you are a member of their frequent traveller program and you have asked us to send them details of your Rental Agreement with us;• our contracted service providers (including our market research company, mail house and the other service providers described in our Privacy Notice);• credit card providers;• credit reporting agencies (see ‘Payment default’ below) and fraud checking agencies;• debt collection agencies, if you default in payment of amounts owed to us;• councils, government and private organisations responsible for the processing of traffic related infringements or the payment of road and traffic tolls;• in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim;• driver licensing authorities; and• government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.Use or disclosure for direct marketing purposesWe may use and disclose your personal information to offer you products and services provided by the Budget Group. We may also use your personal information to offer you products and services provided by companies participating in Budget partner programs. We may continue to provide these offers to you by email, telephone, fax or any other form of communication until you opt out. You can opt out by indicating your preference on the Rental Document or by contacting us.Payment defaultIf you default in the payment of any rental fees or charges to us, we may give information about you to a credit reporting body for some or all of the following reasons: to obtain a credit report about you; to allow the credit reporting body to create or maintain a credit information file about you; and to list your default and the debt on that credit information file. The information may include information about payment defaults over 60 days in certain circumstances and other information as described in our Privacy Notice.Disclosures outside of AustraliaWhen you provide us with your personal information, we will enter your details into the centralised Budget Group databases which are located and maintained by the Budget Group and its technology service providers (at the date of this collection statement) in the United States. Depending on how you use our services, your personal information may be accessed by Budget Group personnel.Some of the countries that the Budget Group operates in have privacy laws with general application to the private sector; other countries, including the United States, may not. When you rent a vehicle from Budget, you accept that: (a) recipients of your personal information outside Australia may not always comply with Australian privacy laws or similar obligations; (b) we will not be accountable for those recipients under the Privacy Act; (c) you may not be able to seek redress under the Privacy Act; and (d) the recipients may be subject to foreign laws which might compel further disclosures of personal information (e.g. to government authorities).WHO CAN I CONTACT FOR FURTHER INFORMATION?If you have any privacy questions or concerns, or wish to exercise your right to access or correct your personal information (subject to exceptions under privacy laws), you can contact our Privacy Officer as follows:By mail: Data Privacy Officer, PO Box 876, Mascot NSW 1460By telephone: 02 9353 9033By email: DPO@abgroup.com.auPlease see our Privacy Notice for further details about personal information we collect, what we do with it, where we send it, website privacy, the credit reporting bodies we use and your access, correction, complaint and opt-out rights in respect of information held by us and by credit reporting bodies.Last updated 19 October 2018.ANNEXURE BTollaust Pty. Limited (ACN 050 538 693), trading as Linkt (Linkt), through Budget as Linkt’s agent, offers the Linkt Rental Product to You on these Linkt Terms and Conditions.By signing the Rental Agreement, You accept and agree to be bound by these Linkt Terms and Conditions. PART A: GENERAL1 INTERPRETATIONIn these Linkt Terms and Conditions unless the contrary intention appears:(a) a reference to these Linkt Terms and Conditions includesany variation to it;(b) the singular includes the plural and the plural includes the singular;(c) a gender includes all genders; (d) a reference to a person includes a firm, a body corporate, anunincorporated association or an authority;(e) an obligation imposed on two or more parties binds them jointly and severally;(f) a reference to a time or date is a reference to that time or date in Melbourne, Australia;(g) any reference to dollars and $ is to Australian currency;(h) a provision of these Linkt Terms and Conditions must not beinterpreted against Linkt just because Linkt prepared these Linkt Terms and Conditions;(i) a reference to any legislation or subordinate legislation includesany modifications or changes;(j) headings in these Linkt Terms and Conditions have beeninserted for convenience and do not affect the interpretation ofthese Linkt Terms and Conditions; and(k) a reference to a clause or a part is a reference to a clause or apart of these Linkt Terms and Conditions.2 CREATION OF LINKT RENTAL ACCOUNTYou are a Consumer Customer, Linkt will create a Linkt Rental Account for You in connection with Your use of the Vehicle(s) You have rented from Budget on Toll Roads as agreed under the Rental Agreement, unless You have chosen to use or set up your own valid alternate tolling arrangement before You travel on a Toll Road.3 YOUR LINKT RENTAL PRODUCT(a) The Linkt Rental Product is provided by Linkt to enable thepayment of Tolls and Fees relating to Your Trips using Your Vehicle(s) in accordance with these Linkt Terms and Conditions.(b) You remain responsible at all times for the acts and omissions of any Authorised Driver and any other person using theVehicle, including for any Tolls and Fees they incur.4 WHEN YOU SHOULD CONTACT LINKT(a) Any questions regarding Tolls or Fees should first be referred to Linkt.(b) You should contact Linkt using the contact details set out in Part Dof these Linkt Terms and Conditions as soon as possible if:(i) You change Your email or Your mobile phone number; or(ii) You become aware of anything that may or will affectany payment described in these Linkt Terms and Conditions.5 TOLLS AND FEES PAYABLE (a) This clause 5 applies only to Consumer Customers.(b) You must pay the following to Linkt:(i) all Tolls incurred in accordance with clause 6.1;(ii) the Rental Service Fee; and(iii) any other costs reasonably incurred by Linkt in enforcingits rights under these Linkt Terms and Conditions, includingany reasonable fees or charges imposed by a third partyon Linkt where You have refused or failed to pay anyamount under these Linkt Terms and Conditions.(c) If You fail to pay any Tolls or Fees as required by these Linkt Terms and Conditions:(i) Linkt may refer that failure to a Credit Reporting Agency, debt collection agency or to Budget who may charge You reasonable additional fees or charges; and/or(ii) Linkt may suspend or cancel the Linkt Rental Account andthe provision of the Linkt Rental Product to You.(d) Linkt will not be required to refund to You any reasonable additional fees or charges described in clauses 6.1 and 5(c) that are charged to You by a debt collection agency or Budget. 6 PAYMENT6.1 Charges to Your Linkt Rental Account(a) All Tolls and Fees incurred in connection with any Tripsundertaken by Vehicles will be charged to the Linkt RentalAccount. For the avoidance of doubt, payment by cash is not an acceptable payment method.(b) You warrant and represent that You are authorised to have anyTolls and Fees that are incurred in connection with any Tripsundertaken by Vehicles charged to the Linkt Rental Account.6.2 Payment by Nominated Card(a) This clause 6.2 applies only to Consumer Customers.(b) If You are using a Nominated Card to pay for the rental of aVehicle or have otherwise provided a Nominated Card for thepayment of Tolls and Fees, You:(i) agree that Budget may disclose to Linkt, and You authorise Linkt to receive, all details of Your Nominated Card that are required for Linkt to process Your payment of all Tolls and Fees and to otherwise pay all outstanding balances on Your Account;(ii) warrant and represent to Linkt that You are authorised touse the Nominated Card to meet Your payment obligationsunder these Linkt Terms and Conditions; and(iii) authorise Linkt to debit amounts from, or credit funds to, theNominated Card in respect of Tolls and Fees and otheramounts payable to, or from, Linkt under these Linkt Terms and Conditions.(c) Linkt will debit Tolls and Fees and other amounts payable to, orfrom, Linkt under these Linkt Terms and Conditions.(d) You must immediately provide Linkt with details for an alternativeNominated Card, which can be used to meet Your obligationsunder these Linkt Terms and Conditions, and an authority forLinkt to debit the alternative Nominated Card, if:(i) the existing Nominating Card is cancelled, suspended or is otherwise not useable; or(ii) the existing Nominated Card Holder cancels Your authorisationto use the existing Nominated Card.6.3 Recovery of payments(a) This clause 6.3 applies only to Consumer Customers.(b) You acknowledge and agree that Tolls and Fees incurred byVehicles for Trips on Toll Roads are a debt due and payable by You to Linkt. (c) If You:(i) have provided a Nominated Card for the payment of Tollsand Fees under clause 6.2; and(ii) You do not pay the amount of those Tolls and Fees in full by the relevant Payment Date,then Linkt may contact You using the details provided to it by Budgetto seek payment of the overdue Tolls and Fees. If You not pay suchoverdue Tolls and Fees within 33 days after the date on which Linktfirst contacted You in accordance with this clause 6.3(c), Your liabilityto pay these overdue Tolls and Fees will be transferred to Budget andBudget (or a third party acting on Budget’ behalf) may contact Youdirectly to obtain payment of these overdue Tolls and Fees.7 ERRORS IN CHARGING TOLLS AND FEES(a) This clause 7 applies only to Consumer Customers.(b) If Linkt incorrectly credits You an amount in connection with theLinkt Rental Account, Linkt may recover that amount from Youprovided that Linkt has given You 10 days prior written notice ofits intention to do so.(c) Linkt will promptly apply any credit due to You in connection withYour Linkt Rental Account by such method as Linkt may reasonably choose.8 LINKT RENTAL ACCOUNT STATEMENTDuring the period in which Your Linkt Rental Account is active, Youmay view Your Linkt Rental Account Statement without charge at anytime by logging on to https://manage.linkt.com.au/retailweb/login9 WHAT TO DO IF A VEHICLE OR ITS NUMBER PLATES ARE STOLEN(a) You must immediately inform Budget if:(i) a Vehicle is stolen; or(ii) one or both number plates for a Vehicle are stolen.(b) If:(i) either:(A) a Trip is undertaken by a Vehicle while stolen; or (B) a Trip is undertaken by a vehicle fitted with one or both number plates that have been stolen from a Vehicle; and(ii) Tolls and Fees are charged to a Linkt Rental Account in connection with a Trip referred to in clause 9(b)(i) or 9(b)(ii) (as applicable),Linkt will refund those Tolls and Fees to You (as a Consumer Customer) or the Commercial Customer (in the case of Personnel) upon provision of a police report (including the police event number) confirming that the Vehicle or number plate(s) were recorded as being stolen at the time of the relevant Trip.10 GST(a) Unless otherwise indicated, all Tolls and Fees are inclusive of GST.(b) If GST is stated as not to be inclusive, You are liable for any GST payable in accordance with applicable law.11 LIABILITYTo the maximum extent permitted by law, Linkt is not liable (whether inagreement, tort, under statute or otherwise) for any loss (includingconsequential loss or loss of profit), damage or expense that You orany other person incurs arising directly or indirectly from the use ofany Toll Road or anything else in connection with these Linkt Terms and Conditions.12 CONSENT TO USE AND DISCLOSE INFORMATION(a) You consent to Linkt using or disclosing any information(including personal information) that You provide to Linkt (orwhich Budget provides to Linkt, or which Linkt otherwise obtains)only for the purposes contemplated by these Linkt Terms andConditions (including the exercise of any rights or the performanceof any obligations under these Linkt Terms and Conditions) as detailed in Linkt’s Privacy Policy (available at www.linkt.com.au/legal/policies/transurban-privacy-policy) or the Linkt Privacy and Credit Reporting Disclosures and Consents document attached at Part B of these Linkt Terms and Conditions.(b) If You are a Consumer Customer, You consent to any information(including Personal Information) about Your Linkt Rental Account,and any information You provide to Linkt, being disclosed by Linktto credit reporting bodies, to debt collection agencies or Budgetfor the Permitted Purpose (including, but not limited to, incircumstances where You are in payment default).(c) If You are Personnel, You consent to any information (including Personal Information) about the Linkt Rental Account, and any information You or the Commercial Customer provide to Linkt, being disclosed by Linkt to: (i) credit reporting bodies to enable Linkt to ascertain the credit rating of the Commercial Customer only, following the date on which Your Linkt Rental Account is opened or at any time thereafter while Your Linkt Rental Product remains open;(ii) Budget, including without limitation personal information including the first name and surname of the Personnel; (iii) to the Commercial Customer, including for reporting purposes in relation to a Linkt Rental Account; and(iv) credit reporting bodies and to debt collection agencies or Budget where the Commercial Customer is in payment default. (d) Linkt’s Credit Reporting Policy can be found at www.linkt.com.au/legal/policies/transurban-credit-reporting-policy or You can contact Linkt using the contact details set out in Part D of these Linkt Terms and Conditions to obtain a copy.(e) You consent to Linkt disclosing any information that is required by law (including by legislation or court order, and including to Budget).(f) You consent to Linkt disclosing to Toll Road operators (and the operator’s preferred toll service provider) and any State Roads Authority any information (including personal information) required for Toll collection or enforcement.13 COMPLAINTS, QUESTIONS AND DISPUTES(a) If You have a dispute or wish to make a complaint about the Linkt Rental Product, a payment or an amount charged, refunded or not refunded to a Linkt Rental Account, You should contact Linkt. A customer service officer will provide a response with reasons as soon as possible.(b) If You believe that Your dispute or complaint has not been properly addressed, You have the right to have the issue reviewed by Linkt’s Customer Resolutions Team.(c) If You are not satisfied with the response, You may take Your complaint to the Tolling Customer Ombudsman.(d) Unless You tell Linkt that You disagree with Your Account Balance within 60 days of receipt of any invoice, You will not be entitled to dispute the Account Balance recorded on the invoice. Where You dispute Your Account Balance, until that dispute is resolved You must continue to comply with these Linkt Terms and Conditions as if the Account Balance recorded on the invoice was correct.(e) Where You dispute Your Account Balance, Linkt may (at its discretion):(i) refund to Your Linkt Rental Account all or part of the disputed amount; or(ii) make other arrangements reasonably necessary to allow for the continued operation of Your Linkt Rental Account, until the dispute is resolved.(f) The relevant contact details for Linkt, Linkt’s Customer Resolutions Team and the Tolling Customer Ombudsman are each set out in Part D of these Linkt Terms and Conditions.14 SUSPENSION OR TERMINATION(a) Linkt may suspend processing Trips by any or all Vehicles on the Linkt Rental Account if:(i) Linkt is advised by Budget to suspend or close the Linkt Rental Account;(ii) You become bankrupt or appear likely to become bankrupt;(iii) the Commercial Customer who has permitted You (as Personnel) to use the Vehicle(s) in accordance with the Linkt Terms and Conditions is a company and:(A) it becomes insolvent (that is, not able to pay all its debts as and when they become due and payable) or has a receiver, manager, administrator or liquidator appointed, or appear likely to do so;(B) its shareholders pass a resolution for winding up;(C) an application is made for winding up the company, which is not dismissed or withdrawn within 30 Business Days and which results in an order being made for the company’s winding up; or(D) it enters into an arrangement, composition or compromise with any creditors;(iv) Linkt considers that a material adverse change has occurred in Your or if You are a Personnel, the Commercial Customer’s credit rating;(v) Linkt is required to do so by law; or(vi) for any other reason (including breach of these Linkt Terms and Conditions by You) where Linkt reasonably considers suspension or cancellation of the processing of any or all Trips on the Linkt Rental Account is necessary.(b) Linkt may also suspend or cancel the Linkt Rental Account if:(i) Linkt reasonably believes that the Linkt Rental Account or any payment card linked to the Linkt Rental Account or use of Your Linkt Rental Account:(A) is using Linkt’s systems to determine the validity of a credit card;(B) poses a risk to Linkt or any third party, including the integrity, security or reliability of Linkt or its systems;(C) was obtained fraudulently or using false details; or(D) is being, or may be being, used for fraudulent, illegal, dishonest or malicious purposes; or(ii) You do not cooperate with any investigation in relation to Your Linkt Rental Account regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if You refuse to provide any information reasonably requested by Linkt in response to a request made by Linkt in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour.(c) For the purposes of these Linkt Terms and Conditions, fraudulent, illegal, dishonest or malicious behaviour means dishonest activity, which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.15 WHEN THESE LINKT TERMS AND CONDITIONS BEGIN AND END(a) These Linkt Terms and Conditions will begin on the date on which You drive on a Toll Road using a Vehicle.(b) These Linkt Terms and Conditions will:(i) if You are a Consumer Customer, terminate automatically on the earlier of: (A) the date which is 4 months after the date on which the last transaction occurred on the Linkt Rental Account unless earlier terminated in accordance with the provisions of these Linkt Terms and Conditions; or(B) the date on which the Consumer Customer’s liability to pay overdue Tolls and Fees is transferred to Budget in accordance with clause 6.3(c), (ii) if You are Personnel, terminate only when terminated in accordance with the provisions of these Linkt Terms and Conditions.(c) The termination of these Linkt Terms and Conditions does not affect any rights that You or Linkt have against each other that arose at or before the termination, including in relation to any outstanding Tolls and or Fees that You have not paid prior to the termination.16 NOTICES(a) Notices (including any communications or statements) may be given by Linkt to You:(i) by sending an email to Your email address as provided to Linkt by Budget (or as updated by You under clause 4); or(ii) if no valid email has been provided to Linkt, by sending a text message to Your mobile number as provided to Linkt by Budget (or as updated by You under clause 4).(b) Notices to Linkt may be sent by email to Linkt’s email address, using the contact details available on Linkt’s website at www.linkt.com.au/sydney/contact-us.(c) Notices take effect from the time they are received (unless a no-delivery message is received by the sender).17 GENERAL(a) These Linkt Terms and Conditions are the entire agreement between You and Linkt about the Linkt Rental Account and the other matters covered by these Linkt Terms and Conditions. The only enforceable obligations and liabilities of You and Linkt about the subject matter are those arising out of the provisions of these Linkt Terms and Conditions or at law.(b) These Linkt Terms and Conditions replace all previous representations, communications and agreements on the subject matter. To the maximum extent permitted by law, the provisions of the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) are excluded. Linkt’s liability for a breach of any term or warranty under the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1987 (NSW) which by law cannot be excluded from these Linkt Terms and Conditions is limited to the maximum extent the law allows.(c) If any part of these Linkt Terms and Conditions is illegal or unenforceable it will not apply.(d) Any provision of these Linkt Terms and Conditions must be read down to the extent necessary to prevent that provision of these Linkt Terms and Conditions from being invalid, voidable or not enforceable in the circumstances. If a provision of these Linkt Terms and Conditions is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of these Linkt Terms and Conditions will continue to be fully enforceable.(e) You will not earn interest on any credit Account Balance or amount You pay to Linkt under these Linkt Terms and Conditions.(f) Unless otherwise expressly provided by these Linkt Terms and Conditions, a party does not waive a right, power or discretion just because it:(i) fails to exercise it;(ii) only exercises part of it; or(iii) delays in exercising it.(g) A waiver of one breach of a provision of these Linkt Terms and Conditions does not operate as a waiver of another breach of the same provision or any other provision. A right of Linkt created under these Linkt erms and Conditions may only be waived in writing signed by Linkt.(h) You represent and warrant to Linkt that You have the power, authority and capacity to enter into these Linkt Terms and Conditions.(i) You must pay Linkt an amount equal to any costs (including reasonable legal costs) incurred by Linkt in recovering a debt under these Linkt Terms and Conditions from You.(j) These Linkt Terms and Conditions and the transactions contemplated by these Linkt Terms and Conditions are governed by the laws of New South Wales.18 DEFINITIONSIn these Linkt Terms and Conditions (including Parts A, B and C), except where the context otherwise requires:Account Balance means the total of all of the payments (and other amounts)which have been charged to the Linkt Rental Account less any Toll, Fee, tax, charge or other amount which is refunded to the Linkt Rental Account.Account Statement means a summary of the transactions (including the Tolls and Fees) charged to the Linkt Rental Account. Associated Contractors means Linkt’s suppliers, agents, distributors and contractors in relation to any Permitted Purposes.Authorised Driver means an individual You validly authorise to drive a Vehicle.Authorised Information Recipient means Linkt, Budget and each Intended Recipient.Budget means:(a) Budget Rent A Car Australia Pty Ltd ABN 89 007 348 021(b) any Related Body Corporate of Budget Rent A Car Pty Ltd ACN 007 348 021; or(c) any franchisee or licensee of any of the entities mentioned in paragraphs (a) to (b) of this definition, as applicable, being the entity with whom You have entered into the Rental Agreement with.Business Day means a day that is not a Saturday, Sunday or public holiday in the State of Victoria, Australia.Clearing House means any person who operates a clearing house for operators of Toll Roads.Commercial Customer means a body corporate, partnership, trust, government department or agency, sole trader or other business or entity that rents a Vehicle for its business use (including for use by its Personnel) and settles Tolls and Fees using a Linkt Rental Account.Consumer Customer means a consumer, member of the public or other individual renting a Vehicle (including for a business purpose) and settles Tolls and Fees daily using a Nominated Card.Credit Provider has the meaning given in the Privacy Act 1988 (Cth).Credit-Related Information means Credit Information, Credit Eligibility Information and Credit Reporting Information, each as defined in the Privacy Act 1988 (Cth).Credit Reporting Agency means a corporation that carries on a credit reporting business within the meaning of that term in the Privacy Act 1988 (Cth). Credit Reporting Body has the meaning given in the Privacy Act 1988 (Cth).Department of Transport and Main Roads means the Department of Transport and Main Roads in the State of Queensland, Australia.Due Payment means the amount stated in an invoice from Linkt as the Account Balance that You owe to Linkt.Electronic Toll Point means any place on a Toll Road where vehicles are detected by the Linkt Rental Product System.Fees means each of the fees and costs (and any taxes applicable to them) described in clauses 5(b)(ii) to 5(b)(iii) inclusive of these Linkt Terms and Conditions.GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).Head, Transport for Victoria means the body corporate of this name established under section 64A of the Transport Integration Act 2010 (Vic).Individual means any individual, including any Authorised Driver or Nominated Card Holder.Intended Recipients means the following parties:(a) Credit Reporting Agencies;(b) Associated Contractors;(c) any bank, financial institution or Clearing House;(d) Linkt’s professional advisers including legal advisers, accounting advisers and other professional advisers;(e) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents; (f) owners and other operators of Toll Roads; and(g) persons providing services to any of the entities set out in paragraphs (a) to (f) of this definition.Linkt Commercial Rental Product Information means any information relating to the Commercial Customer, its Personnel, the Linkt Rental Product, a Vehicle, the location of a Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at Toll Roads. Linkt Rental ProductInformation may without limitation include Personal Information about:(a) the Commercial Customer; or(b) its Personnel, including a name, address, phone number, email address, drivers licence number, date of birth, vehicle hire and usage information, billing or financial information, Rental Agreement, Linkt Rental Account, and other Personal Information contained in video and/or camera surveillance of Toll Roads for traffic management or toll violation enforcement purposes conducted by Linkt or obtained by Linkt from third parties.Linkt Consumer Rental Product Information means any information relating to You or Your Linkt Rental Product, Your Vehicle, the location of Your Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at Toll Roads. Linkt Rental Product Information may without limitation include Personal Information about:(a) You; or(b) any Individual, including a name, address, phone number, email address, drivers licence number, date of birth, vehicle hire and usage information, billing or financial information, Rental Agreement, Linkt Rental Account, and other Personal Information contained in video and/or camera surveillance of Toll Roads for traffic management or toll violation enforcement purposes conducted by Linkt or obtained by Linkt from third parties.Linkt Rental Account means the Linkt Rental Account of the Consumer Customer or the Linkt Rental Account of the Commercial Customer (as applicable), each set up by Linkt.Linkt Rental Product means the indirect toll billing facility that utilises the Linkt retail platform and Budget’ systems to communicate with and charge You as a result of travel by Vehicles on Toll Roads.Linkt Rental Product System means the entire system relating to tagless tolling operated by Linkt for the Linkt Rental Product.Linkt Terms and Conditions means this Annexure B to the Rental Agreement.Nominated Card means a valid credit card or debit card nominated by a Consumer Customer as the source of payment for all Tolls and Fees.Nominated Card Holder means a person other than the Consumer Customer who holds a Nominated Card.Payment Date means the date on which a transaction is recorded on Your Linkt Rental Account.Permitted Purposes means any one or more of:(a) facilitating the use of and carrying out functions and activities relating to:(i) Tolls and their enforcement;(ii) the Linkt Rental Product; (iii) verification of Your Rental Agreement; (iv) obtaining feedback about the Linkt Rental Product; and(v) analysing information for product development in connection with the Linkt Rental Product System, traffic conditions, travel times and road usage and disclosing aggregate information (including to the public) excluding any Personal Information of Consumer Customers and Commercial Customers including their Personnel;(b) disclosure to any State Roads Authority for any purpose in connection with Toll Roads;(c) auditing of the Linkt Rental Product System;(d) law enforcement;(e) the enforcement of a law imposing pecuniary penalty;(f) the protection of the public revenue;(g) road safety;(h) release of information to solicitors acting as agents for their clients in relation to motor vehicle accidents where Linkt is compelled to do so by a court order;(i) obtaining advice and professional services on a confidential basis; and(j) such other purposes as are permitted by Privacy Laws.Personal Information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.Personnel means the directors, officers, agents, employees, individual contractors or subcontractors of a Commercial Customer who are permitted to rent Vehicles.Privacy Laws means the privacy laws which apply to Linkt from time to time, including the Privacy Act 1988 (Cth) (including the Australian Privacy Principles found in Schedule 1 to that Act), the Spam Act 2003(Cth), the Do Not Call Register Act 2006 (Cth), the Telemarketing and Research Calls Industry Standard 2017 (Cth), the Fax Marketing Industry Standard 2011 (Cth), the Privacy and Personal Information Protection Act 1998 (NSW) (to the extent applicable to Linkt) and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to Linkt.Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).Rental Agreement means the agreement entered into between You and Budget for the rental of Vehicles by You.Rental Service Fee means the rental service fee described in Part C.Secretary to the Department of Transport means the secretary to the Department of Transport in the State of Victoria, with the functions provided by section 33A of the Transport Integration Act 2010 (Vic). State Roads Authority TfNSW, the Secretary to the Department of Transport, the Head, Transport for Victoria and the Department of Transport and Main Roads (as applicable).TfNSW means Transport for NSW ABN 18 804 239 602 a NSW Government agency constituted under the Transport Administration Act 1988 (NSW), including Roads and Maritime Services (ABN 76 236 371 088).Toll means all toll charges or other fees and charges imposed by Linkt or the operator of a Toll Road for, or taxes payable in respect of, each Trip taken by a Vehicle for use of that Toll Road.Toll Roads means toll roads in the Commonwealth of Australia, in respect of which the Linkt Rental Product is offered by Linkt.Trip means the driving of a Vehicle in one continuous direction on a Toll Road through one or more Electronic Toll Points uninterrupted by exit and subsequent re-entry on that Toll Road.Vehicle means the vehicle that has been rented to a Consumer Customer by Budget or a vehicle that is rented to Personnel of a Commercial Customer, pursuant to this Rental Agreement.You or Your refers to the Consumer Customer or Personnel (as applicable) that has agreed to be bound to these Linkt Terms and Conditions and with whom the Rental Agreement is made.PART B: PRIVACY AND CREDIT REPORTING DISCLOSURE AND CONSENTLinkt’s combined privacy and credit reporting collection statementWhat information is being collectedPersonal Information and Credit-Related Information about You is being collected by Linkt.UseLinkt only uses the Personal Information and Credit-Related Information that Linkt collects about You to provide the Linkt Rental Product, to arrange payment for any Tolls and Fees that You incur for Trips undertaken by Vehicles and for the other Permitted Purposes set out above. Linkt also usesPersonal Information and Credit-Related Information to perform its business functions solely for the purpose of undertaking its obligations under these Linkt Terms and Conditions.DisclosureLinkt may disclose the information that it collects about You to a State Roads Authority, Intended Recipients, Authorised Information Recipients, Clearing Houses and Linkt’s Associated Contractors. Depending on the circumstances, Linkt may also disclose the information that it collects about You to other Credit Providers and Credit Reporting Bodies, insurers, third party toll operators, debt collection agencies, government authorities (where required or authorised by law) and Linkt’s related entities.Overseas disclosuresIn some circumstances, Linkt may hold Personal Information and Credit-Related Information in a different Australian State or Territory or disclose Personal Information and Credit-Related Information to recipients (including Linkt’s Associated Contractors) located outside Australia in accordance with any applicable Privacy Laws, including in the Philippines and any other countries listed in our privacy policy from time to time.Your rightsYou have a right to access the Personal Information and Credit-Related Information that Linkt holds about You, to correct that Personal Information and Credit-Related Information and to make a complaint about Linkt’s handling of Personal Information and Credit-Related Information. More information about how to access and correct Personal Information and Credit-Related Information that Linkt holds about You and how to lodge a complaint relating to Linkt’s treatment of Personal Information and Credit-Related Information (and how Linkt will deal with complaints) can be found:• in relation to Personal Information, in Linkt’s privacy policy (available at: www.linkt.com.au/legal/policies/transurban-privacy-policy); and• in relation to Credit-Related Information, in Linkt’s credit reporting policy (available at: www.linkt.com.au/legal/policies/transurban-credit-reporting-policy) or a copy may be obtained in an alternative format by contacting Linkt using the contact details set out below in Part D.Other credit-related mattersCredit Reporting Bodies collect a range of Credit-Related Information about individuals and use that information to provide a credit-related service to their customers (which includes Linkt). The Credit Reporting Bodies that Linkt may disclose Credit-Related Information to are Equifax Australia, which may be contacted at 138 332 (and any additional Credit Reporting Body notified to You by Linkt).Where Linkt provides Credit-Related Information to these Credit Reporting Bodies, they may include this information in reports that they subsequently provide about You to other Credit Providers in order to assist those entities to assess their credit worthiness. You have a right to obtain a copy of the credit reporting policies of any Credit Reporting Bodies that Linkt discloses Your Credit-Related Information to. If You would like to obtain a copy of any of these policies, You should contact the relevant Credit Reporting Body directly using the contact details set out below in Part D (or as notified to You by Linkt).If You believe that You have been a victim of fraud or identity theft, You have a right to contact the Credit Reporting Bodies and ask them not to disclose Your Credit-Related Information. If You would like to make such a request, please contact the Credit Reporting Bodies directly using the contact details set out below in Part D (or as notified to You by Linkt).If You do not pay for any Tolls and Fees payable in accordance with these Linkt Terms and Conditions, if You defraud Linkt or try to do so, or if You otherwise commit a serious credit infringement, Linkt may disclose details of these defaults to the Credit Reporting Bodies that Linkt deals with in accordance with applicable laws. If Linkt needs to take these steps, this may affect Your ability to obtain a loan or other credit in the future.CONSENTS1 In exchange for Linkt providing the Linkt Rental Product, and by accepting and agreeing to be bound by these Linkt Terms and Conditions, You consent to and authorise:(a) the collection, use, holding and disclosure of Personal Information and Credit-Related Information about You by Linkt in accordance with Linkt’s combined privacy and credit reporting collection statement set out above and in accordance with any applicable law;(b) collection of Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information (as applicable) by any Authorised Information Recipient from any person (including from Budget and from video and/or camera surveillance of Toll Roads conducted by Linkt or third parties for traffic management or toll violation enforcement purposes);(c) use and disclosure of Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information (as applicable) by and to Authorised Information Recipients for the Permitted Purposes; and(d) disclosure of Linkt Commercial Rental Product Information or Linkt Consumer Rental Product Information (as applicable) in online accounts accessible to any person with access to Your username and password.PROMISES MADE2 In accepting these Linkt Terms and Conditions, You promise that: (a) prior to disclosing any information to Linkt or Budget about You, he or she has obtained Your consent to the matters in clause 1 above; and(b) all information provided to Linkt about You is or will be accurate, complete and up-to-date, and will not be false or misleading.PART C: FEE SCHEDULEFeesExplanationAmountRental Service FeeThe fee charged by Linkt for each day per Rental Agreement where Vehicle incurs a Toll on a Toll Road. $3.30 (including GST) per calendar day, for each calendar day that any single Vehicle incurs a Toll on a Toll Road.You agree that the Rental Service Fee will be as revised from time to time in accordance with the Rental Agreement.PART D: CONTACT DETAILSContact Contact details Linkt(a) Telephone: 13 33 31(b) Email: customersyd@linkt.com.au Linkt Customer Resolutions Team(a) Telephone: 1300 381 570(b) Email: resolve@transurban.comTolling Customer Ombudsman(a) Telephone: 1800 145 009(b) Email: admin@tollingombudsman.com.auANNEXURE CBUDGET RENT A CAR AUSTRALIA PTY LTD PERSONAL ACCIDENT INSURANCE (PAI) PERSONAL EFFECTS INSURANCE (PEI) POLICYCombined Product Disclosure Statementand Policy WordingHOW THIS INSURANCE IS ARRANGEDThis Personal Accident Insurance (“PAI”) and Personal Effects Insurance (“PEI”) Policy (“the/this Cover”) is provided under a Group Insurance Policy (“Group Policy”) issued/insured to Budget Rent a Car Australia Pty Limited (ABN 89 007 348 021) (“Budget”) by:AIG Australia Limited (AIG, we/us/our):Level 19 2 Park Street Sydney NSW 2000 AustraliaAIG issues/insures this product pursuant to an Australian Financial Services Licence (‘ASFL’) granted to Us by the Australian Securities & Investments Commission (“ASIC”). AIG prepared this Product Disclosure Statement.The Group Policy issued to Budget provides benefits to Budget customers (“you”) who purchase the Cover on a standalone basis and is not available for individual purchase or sale without a car rental from Budget.For the purposes of this Cover, Budget is a group purchasing body under ASIC Class Order [CO 08/1] and has arranged this Cover through the Group Policy issued to Budget by AIG. General Factual Information about the coverage is set out in the Product Disclosure Statement (“PDS”) below. Budget is not the issuer of the Cover and does not guarantee any benefits under the Group Policy. This means that any claim under the Cover will be covered and paid by AIG.Budget is not authorised to provide any financial product advice in respect of the Cover. You may consider obtaining your own financial product advice about the Cover from a person who is able to give such advice under an Australian Financial Services Licence. If the Group Policy is terminated AIG will continue to meet the claims under the Cover specified in the PDS and the Policy Wording below provided you have purchased the Cover prior to termination of the Group Policy, Budget will give you prior notice if the Group Policy terminates but does not need to notify you if substantially similar cover applies or will apply for such duration (or remainder of the duration of the cover). If you are not provided with such notice Budget is liable to compensate you for any loss or damage you may suffer as a result of Budget’ failure to notify you. You can verify the status of the Cover by contacting AIG at 1300 030 886.The contact details of Budget Rent a Car Australia Pty Ltd are:Tower B, Level 1,197 Coward StreetMascot 2020New South WalesAustraliaPhone:1800 150 278Email:customer.service@budget.com.auBudget does not act on behalf of AIG or receive any commission or benefit from AIG in purchasing this Cover.Date prepared: 5th December 20171.What is the Product Disclosure Statement?The Product Disclosure Statement (‘PDS’) contains information about key benefits and significant features of the Personal Accident and Personal Effects Insurance under the Group Policy and which is included in the cost of the rental of the vehicle. The terms and conditions of this insurance are contained in the Policy Wording. Terms in bold in the PDS are defined in the Definitions Section of the Policy Wording.2. Key BenefitsThis Cover is provided under the Group Policy and is not available for individual purchase or sale.The Cover provides compensation for a specified range of Events including:SectionSection TitleCompensation ForSection 1Personal AccidentInsuranceRefer to information provided in Part A and Part B below.Part ACapital BenefitsInjury resulting in Death, Permanent Total Disablement and specified Permanent Total Loss.Part BWeekly Injury BenefitWeekly Injury Benefit for Injury resulting in Temporary Partial Disablement or Temporary Total Disablement. Benefits are reduced under Part B by the amount of any Workers Compensation, any other insurance or third party motor vehicle compensation p a y o u t s t h a t you may be entitled to. Weekly benefits are limited to a 52 week period.Section 2Personal Effects InsuranceLoss of or damage to Luggage and Personal Effects contained within the rental vehicle.Full details of the benefits and maximum sums insured for each level of cover are contained in the Policy Wording including the Table of Events. Cover is limited to the benefits as listed in the Table of Events and is subject to the terms, conditions and exclusions in the Policy Wording. 3. Important InformationPlease read the Policy Wording carefully for full details about lodging a claim, the benefits, terms and conditions that apply to this insurance.Take special note of the following:The Policy Wording contains a Definitions section.There are some circumstances where cover cannot be provided. These are covered in the Policy Wording. Please take special note of the General Exclusions applicable to all sections of the Policy Wording.General Conditions also apply. These are located in the Policy Wording.Age limits apply to this policy. To be eligible for cover under the Group Policy, Insured Person(s) must be at least 18 years of age and less than 70 years of age. Full details of age limits can be found in the Policy Wording.This document also contains important information about the rights and obligations of Insured Persons including information about Privacy and the General Insurance Code of Practice.4. CostsThe cost of this Cover is shown on your rental terms.Deductible or excess:An excess of $25 applies to any claim under section 2 Personal Effects Insurance.5. How to Make a ClaimInformation on claims can be found under the section titled General Conditions in the Policy Wording. Please read this carefully.Claims need to be submitted with proof of identity and original supporting documentation such as doctor’s reports, receipts, and where requested, additional proof of loss. Notice of Claims should be made to AIG in accordance with the Policy Wording (including by telephone on 1800 331 013). In the event of a claim, an excess may apply. Please refer to the Policy Wording for further details.6. Code of PracticeAIG Australia Limited is signatory to the General Insurance Code of Practice (“Code”). The Code sets out the minimum standards of service that can be expected from the insurance industry and requires insurers to be open, fair and honest in their dealings with customers. We are committed to adhering to the objectives of the Code and to uphold these minimum standards when providing services covered by this Code. The Code objectives will be followed having regards to the law and acknowledging that a contract of insurance is a contract based on the utmost good faith.For more information on the Code please visit www.codeofpractice.com.au.7. Dispute ResolutionHow we will handle your complaintWe strive to provide an efficient, honest, fair and transparent standard of service at all times. We recognise that occasionally mistakes or misunderstandings can happen. If this is the case, we realise that you will want to let us know and may wish to make a complaint.If you make a complaint we will make sure that your concerns are addressed as quickly as possible.What should you do if you have a complaint?You can register a complaint by telephoning us on 1800 339 669, lodging your complaint on our website, or by writing to:The Compliance Manager AIG Australia LimitedLevel 12, 717 Bourke StreetDocklands VIC 3008As soon as we receive your complaint we will take all possible steps to resolve it. You will receive a written response to your complaint within 15 working days, unless we agree a longer time frame with you.What should you do if you are not happy with our response to your complaint?If you are not satisfied with our response to your complaint, you may wish to have the matter reviewed by our Internal Dispute Resolution Committee (“Committee”). The Committee is comprised of Senior Management of the company who have the experience and authority to decide on matters brought to the Committee.If you wish to have your complaint reviewed by this Committee please telephone or write to the person who has signed the response letter to your complaint and provide them with detailed reasons for requesting the review. This information will greatly assist the Committee in reviewing your claim or enquiry. Your complaint will then be treated as a dispute. You may also make a request for a review by the Committee by contacting:The Chairperson IDRCAIG Australia LimitedLevel 12, 717 Bourke StreetDocklands VIC 3008A written response setting out the final decision of the Committee and the reasons for this decision will be provided to you within 15 working days of the date you advise us you wish to take your complaint to IDRC. If we are unable to provide a written response setting out the final decision we will keep you informed of progress at least every 10 days.If you are not satisfied with the finding of the Committee, or if we have been unable to resolve your complaint within 45 calendar days, you may be able to take your matter to an independent dispute resolution body, the Australian Financial Complaints Authority (“AFCA”). This external dispute resolution body can make decisions with which AIG are obliged to comply. Contact details are: Website: http://www.afca.org.au Email: info@afca.org.auTel: 1800 931 678 (local call fee applies)In writing to Australian Financial Complaints Authority,GPO Box 3, Melbourne VIC 3001You should note that use of the FOS scheme does not preclude you from subsequently exercising any legal rights, which you may have if you are still unhappy with the outcome. Before doing so however, we strongly recommend that you obtain independent legal advice.If your complaint does not fall within the FOS terms of reference, we will advise you to seek independent legal advice or give you information about any other external dispute resolution options (if any) that may be available to you.8. Your Duty of DisclosureBefore you enter into an insurance contract, you have a duty of disclosure under the Insurance Contracts Act 1984. If we ask you questions that are relevant to our decision to insure you and on what terms, you must tell us anything that you know and that a reasonable person in the circumstances would include in answering the questions.You have this duty until we agree to insure you.If You Do Not Tell Us SomethingIf you do not tell us anything you are required to tell us, we may cancel your contract or reduce the amount we will pay you if you make a claim, or both. If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed. 9. Privacy NoticeThis notice sets out how AIG collects uses and discloses personal information about:you, if an individual; andother individuals you provide information about.Further information about our Privacy Policy is available at www.aig.com.au or by contacting us at australia.privacy.manager@aig.comor on 1300 030 886.How we collect your personal informationAIG usually collects personal information from you or your agents.AIG may also collect personal information from:our agents and service providers;other insurers;people who are involved in a claim or assist us in investigating or processing claims, including third parties claiming under your policy, witnesses and medical practitioners;third parties who may be arranging insurance cover for a group that you are a part of;providers of marketing lists and industry databases; and publically available sources.Why we collect your personal informationAIG collects information necessary to:underwrite and administer your insurance cover;maintain and improve customer service and products and carry out research and analysis, including data analytics; and advise you of our and other products and services that may interest you.You have a legal obligation under the Insurance Contracts Act 1984 to disclose certain information.Failure to disclose information required may result in AIG declining cover, cancelling your insurance cover or reducing the level of cover, or declining claims.To whom we disclose your personal informationIn the course of underwriting and administering your policy we may disclose your information to:your or our agents, entities to which AIG is related, reinsurers, contractors or third party providers providing services related to the administration of your policy;banks and financial institutions for policy payments; your or our agents, assessors, third party administrators, emergency providers, retailers, medical providers, travel carriers, in the event of a claim;entities to which AIG is related and third party providers for data analytics functions;other entities to enable them to offer their products or services to you; andgovernment, law enforcement, dispute resolution,statutory or regulatory bodies, or as required by law.AIG is likely to disclose information to some of these entities located overseas, including in the following countries: United States of America, Canada, Bermuda, United Kingdom, Ireland, Belgium, The Netherlands, Germany, France, Singapore, Malaysia, the Philippines, India, Hong Kong, New Zealand as well as any country in which you have a claim and such other countries as may be notified in our Privacy Policy from time to time.You may request not to receive direct marketing communications from AIG.Access to your personal informationOur Privacy Policy contains information about how you may access and seek correction of personal information we hold about you. In summary, you may gain access to your personal information by submitting a written request to AIG.In some circumstances permitted under the Privacy Act1988, AIG may not permit access to your personal information. Circumstances where access may be denied include where it would have an unreasonable impact on the privacy of other individuals, or where it would be unlawful.ComplaintsOur Privacy Policy also contains information about how you may complain about a breach of the applicable privacy principles and how we will deal with such a complaint.ConsentIf applicable, your application includes a consent that you and any other individuals you provide information about consent to the collection, use and disclosure of personal information as set out in this notice.10. Financial Claims SchemeThe protection provided under the Federal Government’s Financial Claims Scheme (the Scheme) applies to this cover. In the unlikely event that AIG is unable to meet its obligations under the Cover; persons entitled to make a claim under the cover may be entitled to payment under the Scheme (access to the Scheme is subject to eligibility criteria). Information about the Scheme can be obtained from the APRA website at https://www.fcs.gov.au11. Cooling off periodOnce this cover has commenced you have a 15 day cooling off period within which you may cancel the coverage. To cancel the coverage during the cooling off period, please send AIG your written request to cancel your coverage. Where the coverage is to run for less than 15 days, you can only exercise your right to request cancellation within the actual period of coverage. You will receive a full refund less the value of any service provided or claims made under the cover.THE POLICY WORDINGDefinitionsIn this Policy the following definitions apply:Authorised Driver means any person listed or described as an Authorised Driver in the Rental Agreement.Compensation means, for Section 1 of the Policy, the amount payable by Us upon the happening of an Event shown in the Table of Events in Section 1 of the Policy.Event means, for Section 1 of the Policy, an event set out in the applicable Table of Events in Section 1 of the Policy.Excess means the first amount of each and every loss payable by the Insured Person.Income means:(a) As regards to a salaried Insured Person, the average gross weekly income earned from personal exertion before personal deductions and income tax, but excluding bonuses, commissions, overtime payments and other allowances; or(b) As regards to a T.E.C. (i.e. total employee cost) or salary package Insured Person, the average gross weekly value of the income package earned from personal exertion (including, but not limited to wages, and/or salary, motor vehicle and/ or travelling allowances, club subscriptions and fees, housing loan or rental subsidy, clothing or meal allowances) before personal deductions and income tax, but excluding bonuses, commissions, overtime payments and other allowances; or(c) As regards to a self-employed Insured Person, the average gross weekly income earned from personal exertion after the deduction of all business expenses necessarily incurred in earning that income; all derived during the 12 calendar months period immediately preceding theInjury giving rise to the claim under this Policy.Injury means a bodily injury to an Insured Person resulting from an accident caused by sudden, violent, external and visible means and occurring solely and directly and independently of any other cause including any pre-existing physical or congenital condition, provided the Injury(a) occurs on or after the Insured Person’s Effective Date of Individual Insurance (as set out in item 1 under the heading “General Conditions for PAI and PEI”), and(b) results in any of the Events specified in the applicable Table of Events in Section 1 of the Policy within 12 calendar months from the date of such Injury.Insured Person means each of:(a) in respect of cover under PAI, the Renter and an Authorised Driver; and(b) in respect of cover under PEI, the Renter, an Authorised Driver and any person travelling with the Renter and Authorised Driver, but excluding any hitchhiker.Limb means the entire limb between the shoulder and the wrist or between the hip and the ankle.Non-Medicare Medical Expenses means:(a) Expenses that are not subject to any full or partial Medicare rebate nor are they recoverable by the Insured Person from any other source and are incurred within 12 calendar months of the Insured Person sustaining Injury.(b) Expenses that must be paid by the Insured Person and be for treatment certified necessary by a legally qualified medical practitioner, to a registered Private Hospital, physiotherapist, chiropractor, osteopath, nurse or similar provider of medical services;(c) The cost of medical supplies or ambulance hire.Note:Non-Medicare Medical Expenses does not include any or part of any expenses for which a Medicare benefit is paid or is payable, nor does it include the balance of monies due or payable by the Insured Person after deduction of any Medicare benefit or rebate. (Commonly known as the Medicare Gap).Non-Medicare Medical expenses also do not include the cost of dental treatment unless it is necessarily incurred to sound and natural teeth, other than first teeth or dentures, and is caused by InjuryOur Total Liability shall not exceed in the amount specified in Part C of the Table of Events, in respect of any one Injury.PAI means the Personal Accident Insurance cover provided under Section 1 of this Policy.PEI means the Personal Effect Insurance cover provided under Section 2 of this Policy.Permanent means lasting 12 consecutive months and at the end of that period being beyond hope of improvement.Permanent Total Disablement means total disablement which continues for 12 consecutive months and at that time is certified by a registered and legally qualified medical practitioner (who is not the Insured Person or a family member) as being beyond hope of improvement and entirely preventing the Insured Person forever from engaging in any business, profession, occupation or employment for which he or she is reasonably qualified by training, education or experience.Policy Period means in relation to You, the period specified in the Policy Schedule for the Group Policy and in relation to a Renter, or Authorised Driver it means the period of hire of a Budget vehicle for the Budget rental period specified in the Rental Agreement.Renter means the person with whom You have made the Rental Agreement.Rental Agreement means the Budget Standard Rental Agreement that is in force when the Injury, loss or damage that gives rise to a claim under this Policy occurs.Temporary Total Disablement means that as a result of Injury the Insured Person is wholly and continuously prevented from engaging in his or her usual occupation and is under the regular care of and acting in accordance with the instructions or professional advice of a registered and legally qualified medical practitioner who is not the Insured Person or a family member.Terrorist Act means any actual or threatened use of force or violence directed at or causing damage, injury, harm or disruption, or committing of an act dangerous to human life or property, against any individual, property or government, with the stated or unstated objective of pursuing economic, ethnic, nationalistic, political, racial or religious interests, whether such interests are declared or not. Robberies or other criminal acts, primarily committed for personal gain and acts arising primarily from prior personal relationships between perpetrator(s) and victim(s) shall not be considered Terrorist Acts. Terrorism shall also include any act which is verified or recognised by the (relevant) Government as an act of terrorism.Total and Permanent Loss means the Permanent and total physical loss of the body part referenced in the Table of Events set out in Section 1 of this Policy. Where that body part is a Limb, Total and Permanent Loss means the permanent and total physical loss or loss of use of that body part referenced in the Table of Events in Section 1 of this Policy, or for an eye entire and irrecoverable loss of sight in that eye.War means war, whether declared or not, or any warlike activities, including use of military force by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other ends.We/Our/Us/Insurer means AIG Australia Limited (AIG), ABN 93 004 727 753 AFSL 381686.You/Your means Budget Rent a Car Australia Pty Ltd (“Budget”) ABN 89 007 348 021Words in the singular include the plural and vice versa.SECTION 1 – PERSONAL ACCIDENT INSURANCE (PAI)Cover under this Section is provided only if the Renter has signed the Rental Agreement accepting cover for PAI.SCOPE OF COVERIf the Insured Person whilst he or she is:(a) the driver of a Budget vehicle, or(b) entering through the driver’s door of a Budget vehicle for the purpose of driving the vehicle, or(c) alighting through the driver’s door of a Budget vehicle immediately after having driven the vehicle,suffers an Injury resulting in an Event set out in the applicable Table of Benefits, then we will pay the applicable Compensation for such Event as further specified in such tablesEXPOSUREIf an Insured Person suffers an Event as a direct result of exposure to the elements, We will pay the Compensation shown for that Event.DISAPPEARANCEIf an Insured Person disappears and after twelve calendar months it is reasonable for Us to believe they have died due to an Injury, We will pay the Compensation shown for Event 1 (Death) in Part A of the Table of Events, subject to receipt of a signed undertaking given by the legal personal representative of the Insured Person that any such Compensation shall be refunded if it is later demonstrated that the Insured Person did not die as a result of an Injury.SPECIAL PROVISIONS FOR PAI1. Compensation payable under Event 1 (Death) in Part A of the Table of Events is payable to the Insured Person’s legal personal representative. All other compensation is payable to the Insured Person(s).2. In respect to the Capital Benefits in Part A of the Table of Events:(a) In the event of multiple Injuries sustained in the same accident and more than one Event can be claimed, only one Event will be compensated.(b) If an Insured Person suffers an Injury resulting in any one of the Events 2 to 9 in Part A of the Table of Events, We will not be liable under this Policy for any subsequent Injury to that Insured Person.(c) Any Compensation payable for Events 2 to 19 listed in Part A of the Table of Events shall be reduced by any Compensation already paid under Event 20 in Part B of the Table of Events in respect of the same Injury3. Compensation is not payable:(a) For more than one of the Events under Part B of the Table of Events [Weekly Injury Benefit] in respect of the same period of time.(b) To more than one Insured Person in the event an accident causes Injuries to more than one Insured Person.(c) For longer than 52 weeks in respect of the Events in Part B of the Table of Events – [Weekly Injury Benefit] as regards any one Injury.(d) Unless as soon as possible after the happening of any Injury giving or likely to give rise to a claim, the Insured Person obtains and follows proper medical advice from a registered and legally qualified medical practitioner who is not the Insured Person or a family member.4. Weekly Benefits Limitationfor each Insured Person, the Compensation payable under Part B of the Table of Events [Weekly Injury Benefit] is limited to the amount stated in Part B of the Table of Events or the Insured Person’s weekly Income, whichever is the lesser.If the Insured Person is entitled to receive:(a) Weekly or periodical disability benefits under any other policy of insurance; and/or(b) Weekly or periodical disability benefits under any Workcover or Workers Compensation Act or other Statutory body having a similar effect; or under the Wrongs Act, or under any Compulsory Third Party or Motor Vehicle Act, or Transcover or Transport Accident Act or other Statutory body having similar effect; and/or(c) earned income from any other occupation; then Compensation payable under Part B of the Table of Events [Weekly Injury Benefit] will be reduced by the amount necessary to limit the total of all payments and/ or Compensation to his or her weekly Income or the limit stated in the Table of Events, whichever is the lesser.5. Recurrence of Temporary Total Disablement [Weekly Injury Benefit]If an Insured Person receives Compensation under Part B of the Table of Events [Weekly Injury Benefit] and while this Policy is in force suffers a recurrence of Temporary Total Disablement from the same or related causes within 6 consecutive months of his or her return to his or her occupation on a full time basis, We will consider such Disablement to be a continuation of the prior claim period.The period of recurring Disablement will be aggregated with the prior claim period.6. Aggregate Limit of LiabilityOur total liability for all claims under PAI which arise out of one accident or series of related accidents shall not exceed $1,000,000.7. Age LimitsWe will not be liable for any Event which happens to an Insured Person unless at the date of the Injury they are at least 18 years of age and less than 70 years of age.TABLE OF EVENTS FOR PAI – PART A CAPITAL BENEFITSCover under this Section is provided only if the Renter has signed the Rental Agreement accepting cover for PAI. The Compensation for each Event is payable as a percentage of the Capital Sum.Capital Sum$75,000The EventsThe CompensationInjury as defined, resulting in1.Death100%2.Permanent Total Disablement100%3.Permanent Paraplegia or Quadriplegia100%4.Permanent Total Loss of sight of both eyes100%5.Permanent Total Loss of sight of one eye100%6.Permanent Total Loss of use of two Limbs100%7.Permanent Total Loss of use of one Limb100%8.Permanent Total Loss of the lens of both eyes100%9.Permanent Total Loss of the lens of one eye50%10.Permanent Total Loss of hearing in(a) both ears(b) one ear75%15%11.Third degree burns and/or resultant disfigurement received from fire or chemical reaction which extend to cover more than 40% of the entire external body50%12.Permanent Total Loss of use of four Fingers and Thumb of either Hand70%13.Permanent Total Loss of use of four Fingers of either Hand40%14.Permanent Total Loss of use of one Thumb of either Hand(a) both joints(b) one joint30%15%15.Permanent Total Loss of use of Fingers of either Hand(a) three joints(b) two joints(c) one joint10%7%5%16.Permanent Total Loss of use of Toes of either Foot(a) all – one Foot(b) great toe – both joints(c) great toe – one joint(d) other than the great toe, each Toe15%5%3%1%17.Loss of at least 50% of all sound and natural teeth, including Per tooth, capped or crowned teeth, but excluding first teeth and dentures.1%(to $10,000 in total for all teeth)18.Shortening of leg by at least 5cm.7%19.Permanent partial disablement not otherwise provided for under Events 3 to 18 inclusive.Such percentage of the Capital Sum Insured as We in Our absolute discretion shall determine and being in Our opinion not inconsistent with the Compensation provided under Events 3 to 18. The maximum amount payable under Event 19 is 75% of the Capital Sum Insured shown in the Table of Events PART B WEEKLY INJURY BENEFIT – PAYABLE TO WAGE EARNERS ONLYThe EventsThe CompensationInjury as defined, resulting in20.Temporary Total DisablementDuring such Disablement up to a maximum of 52 weeks $150 per week or Income as defined, whichever is the lesser.PART C NON-MEDICARE MEDICAL EXPENSESThe EventsThe CompensationInjury as defined, resulting in21.Non Medicare Medical ExpensesTo an amount not exceeding $7500 for any one injury. An Excess $50 applies to each and every claim.No cover shall be payable for Non-Medicare Medical Expenses in respect of:(a) Any expense recoverable by the Insured Person from any other insurance scheme or any plan providing medical/ physiotherapy or similar coverage or from any other source except for the excess of the amount recoverable from such other insurance plan or source;(b) Any treatment which may be covered under any insurance, scheme or arrangement which may be classified as health insurance business under the Private Health Insurance Act 2007 (as amended) or any of the regulations made under it apply;(c) More than the specified percentage of each claim less all deductions and the Excess shown in Part C of the Table of Events;(d) Any expense which We are prohibited by Law from paying. ExclusionsIn addition to the General Exclusions for PAI and PEI, We will not pay for any Event arising directly or indirectly out of:1. Any sickness or disease.2. Effects of pregnancy or childbirth, not withstanding that such an Event may have been accelerated or induced by accident.3. Sexually transmitted disease, or Acquired Immune Deficiency Syndrome (A.I.D.S) disease or Human Immunodeficiency Virus (H.I.V.) infection.4. Effects of alcohol and/or drugs not prescribed by a registered and legally qualified medical practitioner.5. Medical expenses incurred more than 12 calendar months following an Injury.6. Dental expenses unless they were necessarily incurred to sound and natural teeth, other than first teeth or dentures, and were caused by Injury.SECTION 2 – PERSONAL EFFECTS INSURANCE (PEI)Cover under this Section is provided only if the Renter has signed the Rental Agreement accepting cover for PEI.SCOPE OF COVERThis Section covers accidental loss of or damage to the Insured Person’s luggage or personal effects whilst contained in the vehicle which is subject to the Rental Agreement.DUTIES OF THE INSURED PERSONAn Insured Person shall take all reasonable precautions for the safety and supervision of any insured luggage and personal effects. Leaving valuable items in sight in an unattended vehicle, or any items in a vehicle overnight, is not taking reasonable precautions (see also under the heading “Exclusions” below).All loss of, or damage to, insured luggage or personal effects attributable to theft or vandalism must be reported to the local police or other appropriate authority as soon as possible after the discovery of the loss, and a written acknowledgement the heading “General Conditions for PAI and PEI”).The maximum amount We will pay for any one item, set or pair of items belonging of the report from the local police or authority must be obtained (see Item 4 under the heading “General Conditions for PAI and PEI”).The maximum amount We will pay for any one item, set or pair of items belonging to an Insured Person is $1,025.The maximum amount We will pay any one Insured Person for cover under this Section during the period of a rental is $2,025.The maximum amount We will pay for all claims for all Insured Persons during the period of a rental is $6,025.BASIS OF SETTLEMENTWe may choose to replace, repair, or pay for the loss in cash, after making allowance for depreciation, and wear and tear.ExcessThe Excess payable under this Section shall be $25.ExclusionsIn addition to the General Exclusions for PAI and PEI, We will not pay under this Section of the Policy for claims arising directly or indirectly out of:1. Luggage or Personal Effects not contained in the vehicle that is subject to the Rental Agreement.2. Electronic equipment, computers and the like not locked out of sight in the boot or glove box of the vehicle.3. Luggage or personal effects left unattended in an unlocked vehicle.4. Luggage or personal effects left overnight in any vehicle.5. Loss of or damage to automobiles, motors, motorcycles, bicycles, boats, other conveyances or their equipment, letters of credit, money, travellers cheques, bank or currency notes, credit or charge cards, vouchers, bonds, coupons, stamps, negotiable instruments, deeds, manuscripts, securities of any kind, bullion, stamps, tickets, books of account for documents, household effects, sales samples, merchandise for sale or exhibition, theatrical property, physicians’ or surgeons’ instruments, artificial teeth or limbs, animals.6. Loss of or damage to jewellery, precious stones, gold/ silver, precious metal or furs.7. Loss or damage to sporting equipment where due to the use thereof.8. Breakage or damage to eye glasses, corneal lenses, glassware or other articles of a fragile nature unless caused by fire or theft or by the collision, derailment or overturning of the Budget Australia rental vehicle.9. Loss or damage arising from wear and tear, deterioration, atmospheric or climatic conditions, mould or fungus, insects, rodents, vermin, or any process of cleaning, ironing, pressing, repairing, restoring or alteration.10. Mechanical, electrical or hydraulic breakdown or derangement,loss of data or any consequential loss.GENERAL EXCLUSIONS FOR PAI AND PEIThis Policy does not apply to any Injury, Event, loss or damage arising directly or indirectly out of:1. Failure to comply with the provisions of the Rental Agreement.2. Intentional self-injury, suicide, or criminal or illegal act of the Insured Person who is the subject of the claim.3. War, civil war, invasion, insurrection, revolution, use of military power or usurpation of government or military power.4. The intentional use of military force to intercept, prevent, or mitigate any known or suspected Terrorist Act.5. Any Terrorist Act. 6. Nuclear explosion including all effects thereof; or radioactive contamination caused by ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste caused by the combustion and/ or ongoing combustion of nuclear fuel; or the radioactive, toxic, explosive or other hazardous properties of any nuclear equipment or component thereof.7. Riot or civil commotion.8. Training or participating as a professional in any sport.GENERAL CONDITIONS FOR PAI AND PEI1. Effective Date of Individual Insurance: The Insurance of anyInsured Person will become effective on the commencing date of the Rental Agreement.2. Individual Terminations: The Insurance of any Insured Person willimmediately terminate on the earliest of the following dates:(a) on the date the Rental Agreement ceases; or(b) on the premium due date if You fail to pay the required premium except as the result of inadvertent error.3. Claims Procedure:(a) Notice of Claim, proof of identity and, for PAI claims, supporting medical evidence in the form required by Us, must be given to Us within 30 days of the occurrence of any Event, loss or damage or as soon thereafter as is reasonably possible.(b) Notice of claim can be made to Us:(i) by phone on 1800 331 013, or(ii) online through the claims lodgment section of our website at www.aig.com.au; or(iii) by completing a claim form available on our website at www.aig.com.au and submitting the completed claim form via email to AUBrokerClaims@aig.comFor PAI claims complete the Accidental Injury Claim Form, for PEI complete the Travel Claim Form.(c) The claim forms must be properly completed and all evidence required by Us shall be furnished in a timely manner at the expense of the Insured Person and be in such form and of such nature as We may require.(d) For PAI claims, We may have the Insured Person medically examined at Our expense when and as often as We may reasonably require after a claim has been made, or arrange an autopsy unless this is illegal in the country in which the autopsy is to be performed.(e) Amounts payable under this Policy will be paid as soon as We have investigated and verified the information supplied and satisfied Ourselves that the claim falls within the Policy.(f) For PEI claims, it is a condition of payment that all loss or damage attributable to theft or vandalism be reported to the local police or appropriate authority as soon as possible after the discovery of the loss or damage, and a written acknowledgement of the report obtained.4. Australian LawThis Policy is governed by the Laws of the Australian State or Territory it was issued in and any dispute or action in connection therewith shall be conducted and determined in Australia.5. Fraudulent ClaimsIf any claim is in any respect fraudulent or if any fraudulent means or devices are used by You or the Insured Person or anyone acting on Your or the Insured Person’s behalf to obtain any benefit under this Policy, then any amount payable in respect of such claim shall be forfeited.6. ComplianceAn Insured Person must follow Our advice or instruction otherwise We may decline to pay part or all of the Insured Person’s claim.7. SubrogationWe have the right to commence or take over legal proceedings in Your and/ or the Insured Person’s name for the defence or settlement of any claim, or to sue or prosecute any other party to recover any monies payable by them at law. You and the Insured Person must co-operate with Us and do nothing to hinder Our rights.8. CurrencyAll amounts are shown in Australian dollars.ANNEXURE DPRICING SCHEDULEFeeRateClauseLate return charge$45.54 per day, in addition to the applicable daily rental rate for each day or part thereof that the return is delayed.6.3One Way FeeA predetermined fee that appears on Your rental document or $2.28 per kilometre.6.2Card surchargeAU – 1.29% Visa, MasterCard, American Express and Diners Card.15.1(d)Collection costs$85.39 plus 10% per annum interest on outstanding rental charges.15.8(b)Recovery costsDetermined by type of recovery.12.3Roadside Callout FeeDetermined by type of callout. Minimum $198 per callout.5.4Professional Cleaning Charge$28.50 administrative fee plus the cost of professional cleaning arranged by Budget.5.7Note: all Rental Charges and coverage charges, including Excess amounts and Loss Damage Waiver are as specified on Your Rental Document.Amounts indicated above are inclusive of GST and admin fees, with the exception of card fees and premium location surcharge. Rental Tenancies Bond Authority Electronic Transactions Facility - Terms of Use You need to agree to the following Terms of Use to continue with this electronic transaction. If you do not agree to the terms, this session will be terminated and you will need to contact your property manager to proceed with the transaction by a paper form. 1. Use of Electronic Transactions Facility (ET Facility) You agree that you will not attempt to use the ET Facility for any other purpose other than as permitted by these Terms of Use.
You consent to information being given by you and provided to you electronically through the ET Facility and by email.
You consent to conducting RTBA bond transactions electronically through the ET Facility and by email, and acknowledge that this consent is legally binding on you. 2. Protecting your personal details and keeping them up to date Your email address is the means by which the RTBA provides you with secure access to the ET Facility to conduct bond transactions.
You agree that you: * will not allow any other person to access emails provided to you by the RTBA; and * will promptly notify your Agent if your personal and contact details, in particular your email address, change during the term of your tenancy agreement or while any bond transaction is pending completion. 3. Verification Transactions processed via the ET Facility are subject to verification by the RTBA. The RTBA reserves the right to issue any corrections or to cancel any transactions conducted using the ET Facility in the event of error or other discrepancy. You agree to repay to RTBA any amounts paid in error to you, including where any unauthorised person has undertaken a transaction without your knowledge or authority. 4. Disclaimer Neither the RTBA nor the State of Victoria represents that information contained in or available through the ET Facility is accurate, authentic or complete.
To the extent permitted by law, the RTBA and the State of Victoria exclude liability for any loss or damage (including loss or damage caused by viruses) whether direct or indirect, caused to you by your use of or reliance on the ET Facility. 5. Availability The ET Facility may be unavailable at any time without notice. 6. Viewing the website You agree to view the screens presented by the ET Facility in full screen format. The RTBA and the State of Victoria are not responsible for the display of information in any other format. 7. External website The ET Facility provides links to external websites. Neither the RTBA nor the State of Victoria control such external websites and exclude all liability to you for any loss or damage arising out of your use of them.
Neither the RTBA nor the State of Victoria endorse any external websites or warrant that they are accurate, authentic or complete.
Your use of any external website is governed by the terms of the website. The provision of a link to an external website does not authorise you to reproduce, adapt, modify, communicate or in any way deal with the material on that site. 8. Copyright Unless stated otherwise, copyright in the ET Facility and all associated materials is owned by the RTBA or used under licence.
You may make limited copies of the materials accessed in connection with the ET Facility for the purposes of conducting transactions, for keeping records of those transactions and as otherwise permitted by law.
You may not otherwise reproduce, adapt, modify, communicate to the public, reproduce or otherwise use any part of the ET Facility and associated materials (in particular for commercial purposes) without written permission from the RTBA.
Enquiries and requests for permission may be sent to:
Residential Tenancies Bond Authority
Locked Bag 007
Wendouree VIC 3355 Hertz Terms and Conditions Your rental terms1This summary aims to help you understand what is included or excluded in your rental and the options available to enhance your journey. Please ask our counter staff if you need further clarification.Important informationDamage to vehicleYou are responsible for any loss or damage to the vehicle (and related losses and fees) during the rental even if it is not your fault, subject to some exceptions. The maximum amount you must pay is the Accident Damage Excess (ADE) per incident. You can use some of the Optional Renter Protection Services to reduce or eliminate this liability. However, if the loss or damage is caused by a Prohibited Use of the vehicle, you are liable for that loss or damage up to the full value of the vehicle and related losses and fees including third party losses. You cannot rely on any Optional Renter Protections Services you may have purchased to reduce this liability. See Damage and Loss on page 6 for details. Prohibited UseProhibited Uses that may result in full liability include incurring overhead or undercarriage damage, driving on unsealed roads, failing to safeguard the vehicle (eg. leaving keys in vehicle) or allowing an unauthorised driver to drive the vehicle. See page 4 for full list of Prohibited Uses.Optional Renter Protection ServicesYou may reduce the ADE by purchasing Accident Excess Reduction (AER), or eliminate the ADE by purchasing SuperCover or Maximum Protection Cover (MAX). You may also reduce the ADE for standalone damage to the vehicle’s windscreen, windows, wheels or tyres only by purchasing Glass & Tyres (G&T). However, if there is a Prohibited Use of the vehicle, you cannot rely on AER, MAX, SuperCover or G&T or any other Optional Renter Protection Service to reduce or eliminate your liability. See page 7 for details of the Optional Renter Protection Services.Personal possessions in the vehicle Hertz is not responsible for any loss or damage to you and your passenger’s personal possessions in the vehicle, even in the event of an accident or theft of the vehicle. Pick up You should check the vehicle for damage before you drive away and record any variations on the Vehicle Condition Report in conjunction with a Hertz Staff Member. You are invited to take a time stamped photograph of the relevant pre-existing damage before leaving the rental location and show a Hertz representative on return.Roadside assistance We provide basic roadside assistance with the vehicle. It will not cover you for assistance required for incidents that are your fault (eg. running out of fuel, lost keys or locking keys in the vehicle). You can purchase Premium Roadside Assistance Cover (PRAC) to cover these incidents. The Roadside Assistance number should be used in the event of either an accident or a breakdown.ReturnYou may incur additional charges if you return the vehicle at a different time or place to that agreed with us or if it is in an excessively dirty or smelly condition. Smoking in the vehicle is prohibited. If the vehicle is returned smelling of smoke an extra cleaning fee will be levied.Out of hours returnIf we agree to you returning outside location hours, please be aware that you will be responsible for the vehicle until our staff regain possession of the vehicle when the location re-opens. What is included in the rental rateKilometresYour Rental Agreement may note that a per kilometre charge is applicable if a daily kilometre limit is exceeded, depending on the type of vehicle you rent or your pick up location. If a limit on distance applies, the daily kilometre allowance will be shown on your Rental Agreement. If you exceed this daily allowance, a charge may apply for the additional distance covered. Collision damage waiverCollision damage waiver is included in the Rental Agreement. Consequently your liability for loss of or damage to the vehicle and third party damage is limited to the Accident Damage Excess (ADE) (as shown on the rental agreement) unless there is a Prohibited Use of the vehicle in which case you may be fully liable for any loss or damage. FuelYour rental vehicle is provided with a full tank of fuel. Where the tank is not full, a credit for the extent to which the tank is not full is provided. You can either return the vehicle full or pay for us to refill the tank for you at the rate shown on your Rental Agreement.Breakdown roadside assistance There is a basic breakdown service included in your rental to cover call outs for mechanical faults and accidents where you are not at fault.For full information, please read the Rental Terms in this booklet. You can also refer to our website www.hertz.com.au for the Rental Terms and additional details about prices, products and location information.Thank you for choosing to rent with Hertz. Key facts about your rentalContacts and remedies1. You may check with our location staff at end of rental or telephone Hertz at any time using the number on the back of this Rental Terms document.2. Post rental, you may contact Hertz Customer Services during office hours (using the number on the back of this Rental Terms booklet) and our team will help resolve any issues. 3. If we are unable to resolve your issue to your satisfaction, you may contact the Australian Car Rental Conciliation Service. www.carrentalconciliationau.com/See Annexure 6 (Contacts) of the Rental Terms for full details. Your rental terms2What is not included in the rental rateYou have the option to add the following items to your rental for an additional charge:• Additional driver: We will need to see their drivers licence.• Additional equipment: Hertz GPS and child seats.• Fuel purchase option: You may choose to pay for a whole tank of fuel in advance so you don’t need to fill the tank on return (although no refund will be given for any unused fuel).• Half tank option: If you are only travelling a short distance, at selected locations you may choose to pay for a half tank of fuel in advance so you don’t need to fill the tank on return (although no refund will be given for any unused fuel).Optional Renter Protection Services are available to purchase for an additional charge and can either reduce or eliminate your liability to Hertz for loss or damage to the vehicle (provided there is not a Prohibited Use of the vehicle); or provide cover for other purposes depending on the services you select:• SuperCover: You can reduce the ADE to zero and in addition you will also benefit from:– Maximum Protection Cover– Premium Roadside Assistance Cover (PRAC)– Glass & Tyres Cover (G&T)– No Young Driver Surcharge– Fees waived in respect of:» Hertz Claims Management Fee» External Damage Assessment Fee» Additional Driver Fee» Early Return Fee» Towing Fee– The SuperCover charges not being included in the calculation of the Location Fee• Premium Package Cover: You can reduce the ADE to zero and in addition you will also benefit from:– Premium Roadside Assistance Cover (PRAC)– No Additional Driver fee• Maximum Protection Cover: You can reduce the ADE to zero and in addition you will also benefit from:– Glass & Tyres Cover (G&T)– Fees waived in respect of Hertz Claims Management Fee and External Damage Assessment Fee • Accident Excess Reduction: You can reduce the ADE to a lower amount as stated on your Rental Agreement. • Glass & Tyres Cover: You can eliminate your liability for standalone damage to the vehicle’s windscreen, windows, wheels and tyres.• Premium Roadside Assistance Cover: You can buy additional cover for the call out costs relating to incidents that are your fault, including for running out of fuel, lost keys or keys locked in the vehicle. • Toll Cover: You can pre-pay your toll charges incurred during your rental for a daily flat fee as advised at the time of reservation.A range of fees and charges may apply to your rental (see Annexure 1 (Charges explained)). The amounts may be specified in the Rental Agreement provided to you on pick up. We do not cover you for: • Parking and traffic fines you incur on your trip.• Private parking charges.• Road tolls (unless you have purchased Toll Cover).If we receive notices for fines and parking charges during the rental period we will give the authorities your name, address and drivers licence details and also charge a Processing Fee. Toll charges will be charged to you Directly by Hertz (unless You have purchased Toll Cover), and we will also charge a Processing Fee. These charges will be applied to your Card.Agreement• Your Rental Agreement is the document you sign when you pick up your vehicle (generally headed “Rental Agreement”) which includes a summary of your rental (e.g. length, optional services purchased and an estimate of charges to be paid). By signing the Rental Agreement, you indicate that the details in the Rental Agreement are correct as well as your acceptance of:– the terms set out in the Rental Agreement;– these Rental Terms including Annexures & Key Facts; and – any Additional Terms provided, (together, the Agreement).Each Rental Agreement will display charges for a maximum number of days as noted on your Rental Agreement. If your reservation is for longer than this period please ask the location for an extended estimate to understand the full rental charges applicable.The Agreement is made with Hertz Australia Pty Ltd ABN 31 004 407 087 of 15th Floor, 636 St Kilda Road, Melbourne, Victoria 3004, or, if a Hertz sub-licensee is identified on the Rental Agreement, that sub-licensee (Hertz or we). If the vehicle is provided by Hertz Australia Pty Ltd then the Agreement is governed by the laws of Victoria Australia. If the vehicle rental is provided by a sub-licensee then the Agreement is governed by the laws of the State or Territory in which the relevant Hertz sub-licensee is situated.If any term is illegal or unenforceable, that term is severed from the Agreement and the remaining terms continue to apply.ResponsibilityOurs:• We are responsible to you for providing the vehicle in a safe and roadworthy condition and for replacing the vehicle in the event of breakdown, theft or accident (unless there is a Prohibited Use of the vehicle). • You have rights against us under consumer protection laws relating to the vehicle and other goods or services we provide to you under the Agreement that we cannot exclude or limit (Consumer Law Liability). • Except for Consumer Law Liability, we will not cover you for indirect or consequential loss, loss of profits or loss of opportunity. Basics Your rental terms13When you rent a vehicle with us, we need to collect, store, use and disclose personal information about you to provide the services you request and for related purposes described below. You agree that you have read and understand that we will process your personal information in accordance with our Privacy Policy. We may also collect the personal information of other authorised drivers and passengers and you agree you have the authority to provide Hertz with their personal information and that you have informed them of this Privacy Notice and that Hertz will also process their personal information in accordance with its Privacy Policy.If we provide you with credit, our Credit Policy explains how we manage your credit related information (credit information and credit eligibility information) that we collect and hold about you and our Statement of Notifiable Matters explains disclosures we may make in relation to your credit information and certain rights you have. Please read the section below on credit-related information for further details.If you do not provide us with the personal information, this may impact on the services we can provide you.How we collect our personal informationWe collect personal information from you when you request our services to rent a vehicle, when you pick up and use a vehicle (through an In Vehicle Monitoring System ), when you provide us with your payment details, if the vehicle is in an accident or is reported lost or stolen, when you return the vehicle and when you incur charges.We may take photographs of the vehicle when you pick it up and return it, and may operate CCTV cameras at our locations which may include images of you, authorised drivers and passengers. We may also take a photo of your person and a photo or a photocopy of your drivers licence to confirm the information provided when you request our services to rent a vehicle.Uses and disclosures of your personal informationWe use your personal information for our legitimate interests and operations in connection with providing vehicle rental and related services including damage monitoring and reporting, responding to accidents and other incidents involving the vehicle, processing payments and charges, debt recovery, fraud prevention, insurance claims and credit management.We may need to disclose your personal information to our related parties, franchisees and agents, insurers, our service providers (including online), to authorities who collect toll charges, fines and other road related charges, to the police on their request, to credit reporting bodies to list commercial credit defaults on their commercial database, to our debt collection agencies and to other parties involved in an accident with the Vehicle during the rental period or your credit card provider in the event you default on the payment of any monies owing to Hertz.VehicleIf you use a CDP number (price discount) linked to a company, you agree that we may share your personal information with that company in relation to your rental.Overseas disclosuresWe may disclose your personal information to third parties who are located overseas, including Hertz related companies, insurance companies and our service providers such as to Hertz Corporation in the United States of America. Marketing We may use and disclose your personal information for marketing purposes. We may, with your consent, send you direct marketing by one or more methods (such as by email, text message or by post) depending on what you elect to receive and how, how you engage with us and the contact details you provide. You can opt-out of receiving direct marketing at any time by following the unsubscribe function in the message we send or, if you are a member of one of our membership programs, by updating your choices in your gold plus rewards profile www.hertz.com.au/gpr or by following the directions in our Privacy Notice.Privacy complaintsOur Privacy Policy explains how to complain if you believe Hertz has interfered with your privacy and how Hertz will handle your complaint. Refer to Annexure 6 (Contacts). Access to and correction of your personal information You have the right to access on request the personal information we hold about you, subject to certain exceptions. You can also ask us to correct that information. Our Privacy Policy explains how to make access and correction requests and how requests are dealt with. Your credit related informationWe may disclose your credit information to credit reporting agencies, including if you default on making overdue payments in connection with consumer credit we have provided you that is $150 or more. We may also disclose your credit information and eligibility information to our debt collectors and other credit providers.You have the right to access on request the credit related information we hold about you, subject to certain exceptions. You can also ask us to correct that information. Our Credit Policy explains how to make and access correction requests and how requests are dealt with in connection with credit related information.Our Credit Policy explains how to complain if you believe we have not acted in compliance with our obligations as a credit provider under the Privacy Act or the Code and how Hertz will handle your complaint.Our Statement of Notifiable Matters compliments our Credit Policy and explains the credit reporting agencies to whom we may disclose your credit information as well as certain rights you have in relation to your credit information (including your right to access or to seek correction of credit information we hold about you, your right to make a complaint to use and to request credit reporting agencies not to use your credit reporting information for pre-screening or direct marketing by a credit provider). Annexure 5 – Privacy and credit noticeOur Privacy and Credit Policies Our global Privacy Policy is available at or you can ask for a copy at any Hertz rental location.Our Credit Policy and Statement of Notifiable MattersOur Credit Policy is available at www.hertz.com.au/creditpolicy and our Statement of Notifiable Matters is available at www.hertz.com.au/sonm or you can ask for a copy of these documents at any Hertz rental location. Your rental terms14Hertz Australia – November 2020If you need to discuss any aspect of your rental or, ultimately, are not happy with your rental experience, you have the following options:During your rentalAsk us if you have any questions or problems during your rental (e.g. to change the Return Time or return location) you can telephone our Customer Care Centre or relevant location at any time using the number provided on the Rental Agreement. You can raise any other issues arising from the rental with our location staff on return.Independent adviceYou are, of course, free to continue to seek redress through any other means, such as through the courts, if you remain unsatisfied.After your rentalAsk our Customer Care team.If you disagree with any charges on your return, or have a complaint relating to your rental experience or privacy, you should:• call the Customer Help Desk on 1800 550 078; or• email Customer Support at customercareau@hertz.comor use the contact details provided on the front of the Rental Termsand our team will help resolve any issues. We aim to deal with all customer contacts within 15 days. Annexure 6 – Contacts HandyHire Handy Rentals - Terms and Conditions of Hire 1.Definitions 1.1.“Handy Rentals” shall mean Doverheight Nominees Pty Ltd T/A Handy Rentals, its successors and assigns or any person acting on behalf of and with the authority of Doverheight Nominees Pty Ltd T/A HandyRentals. 1.2.“Hirer” means the person/s or any person acting on behalf of and with the authority of the Hirer requesting Handy Rentals to provide the Vehicle as specified in any proposal, quotation, order, invoice or other documentation,and: (a)if there is more than one Hirer, is a reference to each Hirer jointly and severally;and (b)if the Hirer is a part of a trust, shall be bound in their capacity as a trustee;and (c)includes the Hirer’s executors, administrators, successors and permittedassigns. 1.3.“Charges” shall mean the cost of the hire of a Vehicle (plus any GST where applicable) as agreed between Handy Rentals and the Hirer subject to clause 3 of thiscontract. 1.4.“Vehicle” shall mean any Vehicle (including all accessories, tools, tyres and equipment and any replacement vehicle) supplied by Handy Rentals to the Hirer. The Vehicle shall be described on the Hire Agreement or any other commencement forms as provided by Handy Rentals to the Hirer. 1.5.“Hire” shall mean any or all Hire supplied by Handy Rentals to the Hirer and includes any advice or recommendations. 1.6.“Hire Period” shall mean the period commending on the date as shown in the agreement, and ending on the date the Hirer returns the Vehicle to Handy Rentals. 1.7.“GST” means Goods and Services Ta x as defined within the “A New Ta x System (Goods and Services Ta x ) Act 1999”(Cth). 2.Acceptance 2.1.Any instructions received by Handy Rentals and/or its Agents from the Hirer for the supply of Vehicle and/or the Hirer’s acceptance of Vehicle supplied by Handy Rentals and/or its Agents shall constitute acceptance of the terms and conditions containedherein. 2.2.These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Hirer and HandyRentals. 2.3.Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 10 of the Electronic Transactions Act 2011 or any other applicable provisions of that Act or any Regulations referred to in thatAct. 2.4.The Hirer accepts and acknowledges that Handy Rentals must be notified and agree to any extension of the Hire Period in advance of the return date and time or the Hirer shall be deemed to be in breach of this agreement and may forfeit any deposits or additional entitlement and the Vehicle will be immediately reported as stolen and the Hirer shall become liable for any cost outstanding or involved with recovery of theVehicle. 3.Errors andOmissions 3.1.The Hirer acknowledges and accepts that Handy Rentals shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s): (a)resulting from an inadvertent mistake made by Handy Rentals in the formation and/or administration of this contract;and/or (b)contained in/omitted from any literature (hard copy and/or electronic) supplied by Handy Rentals in respect of theServices. 3.2.In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of Handy Rentals; the Hirer shall not be entitled to treat this contract as repudiated nor render it invalid. 4.Change inControl 4.1.The Hirer shall give Handy Rentals not less than fourteen (14) days prior written notice of any proposed change of ownership of the Hirer and/or any other change in the Hirer’s details (including but not limited to, changes in the Hirer’s name, address, contact phone or fax number/s, change of trustee or business practice). The Hirer shall be liable for any loss incurred by Handy Rentals as a result of the Hirer’s failure to comply with thisclause. 5.Credit Card Information 5.1.Handy Rentalswill: (a)keep the Hirer’s and/or Credit Card Holders’ personal details, including credit card details for only as long as is deemed necessary by Handy Rentals; (b)not disclose the Hirer’s and/or Credit Card Holders’ credit card details to any thirdparty; (c)not unnecessarily disclose any of the Hirer’s and/or Credit Card Holders’ personal information, except is accordance with the Privacy Act (clause 22) or where required by law. 5.2.The Hirer and/or Credit Card Holders’ expressly agree, pursuant to this agreement, liability for: (a)all HireCharges; (b)all Charges claimed from Handy Rentals in respect of any parking or any other traffic violations during the Hire Period or until such time the Vehicle is returned to HandyRentals; (c)all loss or damage to the Vehicle (including loss of use), third party damages, legal expenses, assessment fees, towing and recovery, storage and company service chargeswhere: (i)any condition of this agreement and in particular those contained in clause 10, or any other special condition has been breached; (ii)the Vehicle is involved in a single vehicle incident unless Handy Rentals waives such loss to a single vehicle liability amount. A single vehicle incident is defined as any incident where the Vehicle suffers loss or damage as a result of an impact with any or all objects whether animate or inanimate except another vehicle which can bee fully identifiedandalldetailsofthedriver provided, or driving in contravention of any legislation or regulation controlling vehicular traffic, including any anti-hooning laws or other illegal purpose; (iii)the Hirer has left the Vehicle unlocked or the keys in theVehicle; (iv)the Hirer has not kept the key secure and under the personal control of the Hirer; (v)the underbody of the Vehicle is damaged regardless of the cause when no other vehicle isinvolved; (vi)the Vehicle is totally or partially immersed in water regardless of the cause; (vii)the interior of the Vehicle is damaged regardless of the cause when no other vehicle isinvolved; (viii)the tyres of the Vehicle are damaged other than due to normalwear; (ix)the Vehicle is damaged by either loading or unloading, other than the normal wear to be expected; (x)the failure to secure properly any load or equipment which leads to loss caused by any part of said load or equipment or any third party vehicle orproperty; (xi)the Vehicle is damaged by driving it under or into an object lower than the height of the Vehicle; (xii)the Hirer has failed to maintain all fluid levels or failed to contact Handy Rentals when a noted service is due, or failed to immediately rectify or report to Handy Rentals any defect of which the Hirer becomes awareof; (xiii)the Vehicle is impounded by any governing body; (xiv)the Vehicle is note returned in a clean presentable condition (interior and exterior) including, but not limited to cigarette smoke and otherodours. 5.3.Handy Rentals is entitled to immediately charge the Hirer’s nominated credit card for these amounts, and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by the Hirer pursuant to the terms of thisAgreement. 5.4.Where the Hirer has instructed Handy Rentals to invoice another party, (including, but not limited to, some other person, corporation, firm or organisation), and such other party fails to make payment when due, the Hirer shall be liable to immediately make payment of the full amount due to HandyRentals. 6.Charges and Payment 6.1.At Handy Rentals’ sole discretion the Charges shall beeither; (a)Handy Rentals’ current rate, at the date of delivery of the Vehicle, according to Handy Rentals’ current price list;or (b)Handy Rentals’ quoted Charges (subject to clause 6.2) which shall be binding upon Handy Rentals provided that the Hirer shall accept in writing Handy Rentals’ quotation withinthirty (30) days. 6.2.Handy Rentals reserves the right to change the Charges: (a)if a variation to the Vehicle which is to be supplied is requested (including a change due to the Hirer’s requirements, changes to pick up and drop off points,etc.); (b)as a result of an increase in Handy Rentals’ costs due to changes in statutory, government, or local body charges, taxes, levies, etc. with respect to the Vehicle, which are outside the control of Handy Rentals (including, without limitation, increases in the cost of labour or materials, fuel charges or insurance premiums, etc.); (c)upon one (1) months’ written notice to theHirer. 6.3.Handy Rentals may charge for Hire by an hourly or kilometre rate (or a combination ofboth). 6.4.At Handy Rentals’ sole discretion a non-refundable deposit may berequired. 6.5.Any sum received by Handy Rentals from or on behalf of the Hirer at or before the commencement of this agreement shall be held by Handy Rentals as security for the return of the Vehicle and as security for payment of any sums owed by the Hirer to Handy Rentals on the termination of this agreement. Upon the termination of the agreement Handy Rentals shall be entitled to apply any sum so held in payment of all amounts owed by the Hirer under the this agreement and any balance shall be refunded to theHirer. 6.6.At Handy Rentals’ sole discretion payment shallbe: (a)due on delivery of the Vehicle,or (b)the date specified on any invoice or other form as being the date for payment;or (c)failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Hirer by HandyRentals. 6.7.The Hirer acknowledges and accepts that all non- payments shall mean that the Hirer enters into a credit arrangement and shall be required to make payment as per clause 6.6(c)above. 6.8.Payment will be made by credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Hirer and HandyRentals. 6.9.The Hirer shall not be entitled to set off against or deduct from the Charges any sums owed or claimed to be owed to the Hirer by HandyRentals. 6.10.Unless otherwise stated the Hire Charges do not include GST. In addition to the Hire Charges, the Hirer must pay to Handy Rentals an amount equal to any GST Handy Rentals must pay for any supply of the Vehicle by Handy Rental under this or any other agreement for the hire of the Vehicle. The Hirer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Hirer pays the Hire Charges. In addition the Hirer must pay any other taxes and duties (including stamp duties, tolls, fines, penalties, levies, freight, government charges arising out of the Hirer’s use of the Vehicle, etc.) that may be applicable in addition to the Hire Charges except where they are expressly included therein. 6.11.The Hirer acknowledges and agrees that the Hirer’s obligations to Handy Rentals for the supply of the Vehicle shall not ceaseuntil: (a)the Hirer has paid Handy Rentals all amounts owing to Handy Rentals; and (b)the Hirer has met all other obligations due by the Hirer to Handy Rentals in respect of all agreements between Handy Rentals and the Hirer. 6.12.Receipt by Handy Rentals of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then Handy Rentals’ rights in relation to the Vehicle, and this agreement, shallcontinue. 7.Delivery ofVehicle 7.1.Any time or date given by Handy Rentals to the Hirer is an estimate only. The Hirer must still accept delivery of the Vehicle even if late and Handy Rentals will not be liable for any loss or damage incurred by the Hirer as a result of the delivery being late. 8.Duration ofHire 8.1.The term of Hire shall be for the period as described overleaf andherein. 8.2.When a Vehicle is left at any other place than the premises of Handy Rentals then termination shall be when the Vehicle inspection shall occur at the time of the collection. The Hirer will be responsible for the Vehicle up until this time of termination, inspection, andcollection. 8.3.Should the Hirer terminate the hire before the stated date and time, the stated rate and term will be amended at the sole discretion of HandyRentals. 9.Title 9.1.The Vehicle is, and will at all times remain, the absolute property of Handy Rentals, however the Hirer shall keep Handy Rentals indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, or otherwise arising out of the use of the Vehicle during the hire period and whether or not arising from any negligence, failure or omission of the Hirer or any otherpersons. 9.2.The Hirer is not authorised to pledge Handy Rental’s credit for repairs to the Vehicle or to create a lien over the Vehicle in respect of any repairs. 9.3.At the expiration of any hire period hereby granted, or as a result of default by the Hirer (including, but not limited to, any default under clause 20 or where the Hirer fails to return the Vehicle to Handy Rentals), the Hirer grants Handy Rentals (or their agent) the right to (as the invitee of the Hirer) enter upon and into land and premises owned, occupied or used by the Hirer, or any premises where the Vehicle is situated and take possession thereof (including any personal property of the Hirer stored therein). 10.Persons who may driveVehicle 10.1.The Vehicle may be driven during the Hire Period only by the Hirer and onlyif: (a)the Hirer or Hirer’s employee, representative or agent has been identified as a driver for this Vehicle;and (b)they hold a current Australian, overseas licence written in English, or international driver’s license for a period of not less than two (2) years (and which is an appropriate license for the Vehicle), excluding any time under a learner’s permit or a provisional license) at the time when they are driving the Vehicle and where applicable, have the appropriate vehicle endorsement or equivalent in relation to Vehicle Hire (if applicable);and (c)they are over twenty-one (21) years of age and under eighty-five (85) years of age;and (d)they have not given a false name, age, address or driver’s licence;and (e)they have not had their driver’s license cancelled, endorsed or suspended within the last three (3) years;and (f)at no stage shall they be deemed to be any agent, associate, servant or employee of Handy Rentals for any purpose whatsoever. 10.2.If the need arises, consent is given to Handy Rentals to check validity and currency of any drivers licence used in connection with thisagreement. 10.3.When the Hirer is a Body Corporate, then they shall ensure all drivers have a valid driver’s licence and meet the requirements as per clause 10.1 for the term of anyHire. 11.Hirer's Obligations, Use of the Vehicle and Restrictions 11.1.The Hirer shall, where applicable, ensurethat: (a)any applicable seat belt and child restraint laws are compliedwith; (b)passengers shall only ride in the cab of the Vehicle in designatedseats; (c)all the Vehicle’s engine oils, coolant and battery levels, and are maintained to the manufacturer’s specifications at the Hirer’s cost, as set out in the Vehicle’s operations manual located in the glovebox; (d)the tyres are maintained at their proper pressure; (e)the Vehicle must only be used on a road which is properly forms and constructed as a sealed, metalled or graded gravelroad; (f)all reasonable care is taken in handling and parking the Vehicle and that it is left securely locked when not in use, with the keys kept under the Hirer’s personal control at alltimes; (g)the Vehicle is operated in an appropriate manner that shall during operation the Hirer observes posted speed limits and shall obey all rules and regulations with respect to the correct operation of a motorvehicle; (h)any insurance excess payable in relation to a claim made by either the Hirer or Handy Rentals in relation to any damage caused by, or to, the Hire Vehicle whilst the same is hired by the Hirer and irrespective of whether charged by the Hirer’s insurers or HandyRentals’. 11.2.The Hirer shallnot: (a)drive the Vehicle if Handy Rentals has so directed theHirer; (b)drive or take the Vehicle into excluded areas as communicated by Handy Rentals; (c)carry any animals in any vehicle without the written permission of HandyRentals; (d)allow any person(s) to smoke in theVehicle; (e)operate the Vehicle in any race, pacemaking, reliability trials, speed test, hill climbs, rally, performance or contest, or on any closed road or non-publicroadway. 11.3.The Hirer shallnot: (a)allow the Vehicleto: (i)be used in contravention of anylaw; (ii)be operated without their authority, and then only by an authorised driver namedherein; (iii)be driven by any person if, at the time of them driving the Vehicle, the Hirer or other person is not the holder of current driver's licence appropriate for theVehicle; (iv)be operated by any driver under the influence of alcohol and/or any drug that affects their ability to drive theVehicle, or have a blood alcohol content that exceeds the legal limit in the State or Territory in which the Vehicle is driven; (v)propel, push, boost or tow any trailer or load without Handy Rentals’ or its agents’ written approval and noted on the rental agreement at pickup. (With approval, Hirer shall be permitted to insure and tow one standard 6x4’ or 8x5’ trailer. Handy Rentals does not provide insurance cover for any trailer towed or goods conveyed therein. Upon request, Hirer shall provide evidence of insurance covering the trailer to be towed.); (vi)propel, push, boost or tow any horse float, car trailer, furniture trailer, boat or jet ski; (vii)convey any load which is incorrectly loaded or secured or in contrary to any applicable prevailing road laws or is in excess of that for which the vehicle was manufactured or in contrary to any weight load labels attached to the vehicle or its accessories; in all events this will be limited to a maximum combined towing weight not exceeding 1000kg (one metric ton) GVM; (viii)transport more passengers than may be properly accommodated by the seat belt restraints provided in the Vehicle, or a greater load (weight) than that for which the Vehicle wasmanufactured; (ix)carry passengers or property for hire or reward of any kind, or carry any flammable substance which has a flash pointunder 22.8 C, or any other explosive or corrosive materials; (x)be driven in a dangerous manner;or (xi)be used when it is damaged orunsafe. (b)sublet or Hire the Vehicle to any otherperson. 11.4.The Hirer shall be liable forany: (a)toll ways, parking or traffic infringement and will supply relevant details as required by the Police and/or Handy Rentals relating to any such parking or traffic infringement and offences, impoundment, towage and storage during the Hire Period. (An administration fee will be charged per Infringement Notice);and (b)unauthorised repairs to theVehicle; (c)any costs incurred by Handy Rentals where repossession of the Vehicle is taken without prior notice in the event that the Vehicle is illegally parked, used in violation of the law or this agreement, or it is apparentlyabandoned. 11.5.The Hirer acknowledges that they are responsible for the refuelling of the Vehicle prior to its return from Hire. In the event the Vehicle needs to be refuelled upon its return from Hire then the costs of refuelling shall be in addition to the Charges and shall be immediately due and payable by theHirer. 11.6.The Hirer acknowledges and accepts that should the seal or any part of the odometer is broken or has been disconnected, the persons responsible will be reported to the appropriate authority and the Hirer shall be responsible for the extras Charges based on five hundred kilometres (500km) per day at a rate to be specified per kilometre plus any service or repaircost. 11.7.The Hirer shall be responsible for all cost of repair to the Vehicle in any of the followingcircumstances: (a)the Vehicle is driven into any of the restricted areas set out in clause11.2;(b)the Vehicle is submerged inwater; (c)the person driving the Vehicle is proven to be driving under the influence of drugs and/or alcohol; (d)there is damage to the undercarriage or roof due to collision with bridges, tunnels, overhead structures is excluded from the damage cover of theVehicle; (e)the person driving the Vehicleis: (i)underage; (ii)does not have a valid or hold an appropriate class of driver’s licence;or (iii)unqualified to operate theVehicle. (f)the Vehicle is involved in a theft orconversion. 12.Return of theVehicle 12.1.At Handy Rentals’ sole discretion a relocation fee will be applicable to any Vehicle being left at any other agent or business address or any other place other than the address from which the Vehicle was hired and all charges to reposition the Vehicle to its original business address shall be chargeable, plus any Hire period then shorter than originally agreed may have its original Hire rates adjusted according to the actual length ofHire. 12.2.The Hirer shall return theVehicle: (a)in the same clean (washed) and tidy condition at the expiry of the term of Hire or a surcharge for cleaning may be imposed upon the Hirer for such cleaning. No refund can be made until a Vehicle has been cleaned and inspected for anydamage; (b)in good operating condition with the seal on the odometer unbroken and in the same condition (except for normal wear and tear NOT INCLUDING WINDSCREEN AND TYRE DAMAGE) together with all tools, accessories, tyres andequipment); (c)fuelled with the correct grade and amount of fuel equal to that at the commencement of the Hire Period. A fuel receipt must be shown and correct on return or any deposit paid may be withheld until correct operation of the Vehicle is confirms. Should the incorrect grade of fuel be in the Vehicle, any repair cost will be charged to the Hirer and where the fuel level is less than originally supplied in the Vehicle, any shortfall in fuel quantity shall also be charged to theHirer. 12.3.When a Vehicle is left at any other place than the branch location then termination shall be when the Vehicle inspection shall occur at the time of collection. The Hirer will be responsible for the Vehicle up until this time of termination, inspection, andcollection. 13.Insurance 13.1.The Hirer acknowledges and accepts that Personal Accidental/Medical Insurance is not provided under these terms and conditions and that it is the responsibility of the Hirer to seek independent advice and insurance if sodesired. 13.2.Subject to the exclusions set out in clause 14, the Hirer (and any driver authorised to drive the Vehicle) is fully indemnified in respect of any liability they might have to Handy Rentals in respect of the loss or damage to the Vehicle and its accessories and spare parts and any consequential loss of revenue or other expenses of Handy Rentals including towing and salvage costs associated with the recovery of the Vehicle and its accessories and spare parts. Subject to the exclusions set out below, the Hirer (and any driver authorised to drive the Vehicle) are indemnified to the extent of $500,000 in respect of any liability they might have for damage to any property (including injury to any animal) belonging to any other persons and arising out of the use of theVehicle. 13.3.The Hirer acknowledges that it’s the Hirer’s responsibility to ensure that any personal items carried in or on the vehicle are insured adequately or at all. Handy Rentals shall have no liability to the Hirer whatsoever in respect of suchproperty. 13.4.The Hirer acknowledges and accepts that all damage to or loss involving the Vehicle shall be reported to Handy Rentals (and Police or other proper authority where applicable) and a damage/ collision report must be returned to Handy Rentals within twenty-four (24) hours of such notification. Where applicable, the Hirer shall provide Handy Rentals, all paperwork including, but not limited to summons, complaints or other paperwork in relation to any loss that may be a requirement of Handy Rentals’ insurer in the event that a claim progresses through the legalsystem. 14.Exclusions 14.1.The indemnities referred to in clause 13 shall not apply where the damage, injury or loss ariseswhen: (a)the driver of the Vehicle is under the influence of alcohol or any drug that affects their ability to drive the Vehicle;or (b)the Vehicle is in an unsafe or un-roadworthy condition that arose during the course of the Hire and that caused or contributed to the damage or loss, and the Hirer or driver was aware of or ought to have been aware of the unsafe or un-roadworthy condition of the Vehicle;or (c)the Vehicle is operated in any race, speed test, rally, or contest, or on any closed road or non- public roadway;or (d)the Hirer is not a body corporate or department of State and the Vehicle is driven by any person other than the Hirer and any other person named on the front of this agreement;or (e)the Vehicle is driven by any person who at the time when they drove the Vehicle is disqualified from holding or has never held a driver's licence appropriate for that Vehicle;or (f)the Vehicle is wilfully or recklessly damaged either by the Hirer, or any other person named on the front of this form, or any person driving the Vehicle under the authority of the Hirer; or (g)the Vehicle is operated outside the term of the Hire or any agreed extension of thatterm. 15.Rejection of Insurance 15.1.If insurance is rejected, the Hirer acknowledges by signing on the front of this agreement that the Vehicle is hired at the Hirer’s sole risk and accepts that they shall be liable to Handy Rentals for any loss of, or damage to, the Vehicle (howsoever arising) plus any consequential loss incurred by HandyRentals. 15.2.If insurance is rejected by the Hirer, the Hirer acknowledges by their signature on the front of this form that they have no insurance cover whatsoever under this agreement in respect of any damage, injury, or loss caused to any person orproperty. 15.3.Where the Hirer nominates their own insurance company for cover then the Hirer shall provide to Handy Rentals proof and currency of policy prior to the commencement ofHire. 16.Hirer'sLiability 16.1.The Hirer acknowledges that if an insurance claim is declined for any reason that they shall be liable for all damage to, or loss of, the Vehicle plus any consequential loss incurred by Handy Rentals. 16.2.Any excess applied (plus GST) shall be for each and every claim. Window glass damage or breakage also carries a separate excess. Such amounts will be collected as part of total amount due under this agreement. 17.Handy Rentals’Obligations 17.1.Handy Rentals shall supply the Vehicle in a safe and roadworthy condition with the seal of the odometer unbroken. 17.2.Handy Rentals shall be responsible for all ordinary and extraordinary costs of running the Vehicle during the term of the hire except to the extent that by the terms of this agreement those costs are payable by theHirer. 18.Mechanical Repairs andAccidents 18.1.If the Vehicle is damaged, or requires repair or salvage, whether because of any accident or breakdown, the Hirer shall advise Handy Rentals of the full circumstances as soon aspracticable. 18.2.The Hirer shall not arrange or undertake any repairs or salvage without the authority of Handy Rentals except to the extent that the repairs or salvage are necessary to prevent further damage to the Vehicle or to otherproperty. 18.3.The Hirer shall ensure that no person shall interfere with the distance recorder or speedometer or, except in an emergency, any part of theengine, transmission, braking, or suspension systems of the Vehicle. 19.The Commonwealth Competition and Consumer Act 2010 and Fair TradingActs 19.1.Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts whereapplicable. 19.2.Where the Hirer hires the Vehicle as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutoryrights. 19.3.To the maximum extent allowed by law, Handy Rentals gives no express or implied warranty as to any matter whatsoever including, without limitation, the condition of the Vehicle and accessories or its merchantability or fitness for any particularpurpose. 20.Default and Consequences ofDefault 20.1.Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement. 20.2.If the Hirer owes Handy Rentals any money the Hirer shall indemnify Handy Rentals from and against all costs and disbursements incurred by Handy Rentals in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Handy Rentals’ contract default fee, and bank dishonourfees). 20.3.Further to any other rights or remedies Handy Rentals may have under this contract, if a Hirer has made payment to Handy Rentals, and the transaction is subsequently reversed, the Hirer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Handy Rentals under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Hirer’s obligations under thisagreement. 20.4.Without prejudice to Handy Rentals’ other remedies at law Handy Rentals shall be entitled to cancel all or any part of any order of the Hirer which remains unperformed in addition to and without prejudice to any other remedies Handy Rentals may have and all amounts owing to Handy Rentals shall, whether or not due for payment, become immediately payable in the eventthat: (a)any money payable to Handy Rentals becomes overdue, or in Handy Rentals’ opinion the Hirer will be unable to meet its payments as they fall due;or (b)the Hirer has exceeded any applicable credit limit provided by Handy Rentals; (c)the Hirer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors;or (d)a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Hirer or any asset of theHirer. 21.Cancellation 21.1.Without prejudice to any other remedies Handy Rentals may have, if at any time the Hirer is in breach of any obligation (including those relating to payment) or if the Vehicle is damaged, Handy Rentals may suspend or terminate the supply of Vehicle to the Hirer and any of its other obligations under the terms and conditions. Handy Rentals will not be liable to the Hirer for any loss or damage the Hirer suffers because Handy Rentals has exercised its rights under thisclause. 21.2.Handy Rentals may cancel these terms and conditions or cancel delivery of the Vehicle at any time before the Vehicle is delivered by giving written notice. Handy Rentals shall not be liable for any loss or damage whatever arising from suchcancellation. 21.3.In the event that the Hirer cancels delivery of the Vehicle the Hirer shall be liable for any loss incurred by Handy Rentals (including, but not limited to, any loss of profits) up to the time of cancellation or as a direct result of thecancellation. 22.Privacy Act1988 22.1.The Hirer authorises Handy Rentals and or its agents to collect and receive their personal information in connection with this hire agreement. All information is collected and used in accordance with the privacy policies of Handy Rentals and or its agents. A copy of the Handy Rentals privacy policy is available on ourwebsite. 22.2.The Hirer agrees for Handy Rentals to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Hirer in relation to credit provided by Handy Rentals or its agents. 22.3.The Hirer agrees that Handy Rentals may exchange information about the Hirer with those credit providers and with related body corporates for the followingpurposes: (a)to assess an application by the Hirer; and/or (b)to notify other credit providers of a default by the Hirer;and/or (c)to exchange information with other credit providers as to the status of this credit account, where the Hirer is in default with other credit providers;and/or (d)to assess the creditworthiness of the Hirer including the Hirer’s repayment history in the preceding two (2)years. 22.4.TheHirerconsentstoHandyRentalsbeinggivena consumer credit report to collect overdue payment on commercial credit. 22.5.The Hirer agrees that personal credit information provided may be used and retained by Handy Rentals for the following purposes (and for other agreed purposes or requiredby): (a)the provision of Goods;and/or (b)analysing, verifying and/or checking the Hirer’s credit, payment and/or status in relation to the provision of Goods;and/or (c)processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Hirer;and/or (d)enabling the collection of amounts outstanding in relation to theGoods. 22.6.Handy Rentals may give information about the Hirer to a CRB for the following purposes: (a)to obtain a consumer creditreport; (b)allow the CRB to create or maintain a credit information file about the Hirer including credit history. 22.7.The information given to the CRB may include: (a)personal information as outlined in 22.1above; (b)name of the credit provider and that Handy Rentals is a current credit provider to theHirer; (c)whether the credit provider is alicensee; (d)type of consumercredit; (e)details concerning the Hirer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested); (f)advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monieswhichareoverduebymorethansixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Hirer no longer has any overdue accounts and Handy Rentals has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates ofpayments); (g)information that, in the opinion of Handy Rentals, the Hirer has committed a serious creditinfringement; (h)advice that the amount of the Hirer’s overdue payment is equal to or more than one hundred and fifty dollars($150). 22.8.The Hirer shall have the right to request (by e-mail) from HandyRentals: (a)a copy of the information about the Hirer retained by Handy Rentals and the right to request that Handy Rentals correct any incorrect information;and (b)that Handy Rentals does not disclose any personal information about the Hirer for the purpose of directmarketing. 22.9.Handy Rentals will destroy personal information upon the Hirer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law. 22.10.The Hirer can make a privacy complaint by contacting Handy Rentals via e-mail. Handy Rentals will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Hirer is not satisfied with the resolution provided, the Hirer can make a complaint to the Information Commissioner at www.oaic.gov.au. 23.Personal Property Securities Act 2009(“PPSA”) 23.1.In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by thePPSA. 23.2.Upon assenting to these terms and conditions in writing the Hirer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Vehicles and/or collateral (account) – being a monetary obligation of Handy Rentals to Handy Rentals for Hire – that has previously been supplied and that will be supplied in the future by Handy Rentals to theHirer. 23.3.The Hirer and the Guarantor undertake to: (a)promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to- date in all respects) which Handy Rentals may reasonably require to: (i)register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii)register any other document required to be registered by the PPSA; or (iii)correct a defect in a statement referred to in clause 23.3(a)(i) or23.3(a)(ii); (b)indemnify, and upon demand reimburse, Handy Rentals for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Vehicle chargedthereby; (c)not register a financing change statement in respect of a security interest without the prior written consent of HandyRentals; (d)not register, or permit to be registered, a financing statement or a financing change statement in relation to the Vehicle in favour of a third party without the prior written consent of Handy Rentals;and 23.4.Handy Rentals, the Hirer and the Guarantor agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms andconditions. 23.5.The Hirer and the Guarantor waive their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of thePPSA. 23.6.The Hirer and the Guarantor waive their rights as a grantor and/or a debtor under sections 142 and 143 of thePPSA. 23.7.Unless otherwise agreed to in writing by Handy Rentals, the Hirer and the Guarantor waive their right to receive a verification statement in accordance with section 157 of the PPSA. 23.8.The Hirer and the Guarantor must unconditionally ratify any actions taken by Handy Rentals under clauses 23.2 to23.5. 23.9.Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions thePPSA. 23.10.Only to the extent that the hire of the Vehicle exceeds a two (2) year hire period with the right of renewal shall clause 23 apply as a security agreement in the form of a PPS Lease in respect of Section 20 of the PPSA, in all other matters this clause 23 will apply generally for the purposes of the PPSA. 24.General 24.1.The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced orimpaired. 24.2.These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which Handy Rentals has its principal place of business, and are subject to the jurisdiction of the Perth Courts in Western Australia. 24.3.Subject to clause 19, Handy Rentals shall be under no liability whatsoever to the Hirer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by Handy Rentals of these terms and conditions (alternatively Handy Rentals’ liability shall be limited to damages which under no circumstances shall exceed the Price of theGoods). 24.4.Handy Rentals may licence and/or assign all or any part of its rights and/or obligations under this contract without the Hirer’s consent. 24.5.The Hirer cannot licence or assign without the written approval of Handy Rentals. 24.6.Handy Rentals may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this contract by so doing. Furthermore, the Hirer agrees and understands that they have no authority to give any instruction to any of Handy Rentals’ sub-contractors without the authority of HandyRentals. 24.7.The Hirer agrees that Handy Rentals may amend these terms and conditions by notifying the Hirer in writing. These changes shall be deemed to take effect from the date on which the Hirer accepts such changes, or otherwise at such time as the Hirer makes a further request for Handy Rentals to provide a Vehicle on hire to theHirer. 24.8.Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of eitherparty. 24.9.Both parties warrant that they have the power to enter into this contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this contract creates binding and valid legal obligations onthem. Facebook Terms of Service Welcome to Facebook! Facebook builds technologies and services that enable people to connect with each other, build communities and grow businesses. These Terms govern your use of Facebook, Messenger and the other products, features, apps, services, technologies and software that we offer (the Facebook Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Facebook, Inc. We don't charge you to use Facebook or the other products and services covered by these Terms. Instead, businesses and organisations pay us to show you ads for their products and services. By using our Products, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you. We don't sell your personal data to advertisers, and we don't share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things such as the kind of audience that they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more. Our Data Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices you have about how we use your data. Return to top 1. The services we provide Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the products and services described below to you: Provide a personalised experience for you: Your experience on Facebook is unlike anyone else's: from the posts, stories, events, ads and other content that you see in News Feed or our video platform to the Pages that you follow and other features that you might use, such as Trending, Marketplace and search. We use the data that we have – for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Products – to personalise your experience. Connect you with people and organisations that you care about: We help you find and connect with people, groups, businesses, organisations and others that matter to you across the Facebook Products that you use. We use the data that we have to make suggestions for you and others – for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch and people who you may want to become friends with. Stronger ties make for better communities, and we believe that our services are most useful when people are connected to people, groups and organisations that they care about. Empower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Facebook and to communicate with friends, family and others about what matters to you – for example, sharing status updates, photos, videos and stories across the Facebook Products that you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile. We have also developed, and continue to explore, new ways for people to use technology, such as augmented reality and 360 video to create and share more expressive and engaging content on Facebook. Help you discover content, products and services that may interest you: We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organisations that use Facebook and other Facebook Products. Section 2 below explains this in more detail. Combat harmful conduct, and protect and support our community: People will only build community on Facebook if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account or contacting law enforcement. We share data with other Facebook Companies when we detect misuse or harmful conduct by someone using one of our Products. Use and develop advanced technologies to provide safe and functional services for everyone: We use and develop advanced technologies such as artificial intelligence, machine learning systems and augmented reality so that people can use our Products safely regardless of physical ability or geographic location. For example, technology such as this helps people who have visual impairments understand what or who is in photos or videos shared on Facebook or Instagram. We also build sophisticated network and communication technology to help more people connect to the Internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products. Research ways to make our services better: We engage in research to develop, test and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services. Provide consistent and seamless experiences across the Facebook Company Products: Our Products help you find and connect with people, groups, businesses, organisations and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Facebook Company Products that you use. For example, we use data about the people you engage with on Facebook to make it easier for you to connect with them on Instagram or Messenger, and we enable you to communicate with businesses that you follow on Facebook through Messenger. Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Facebook, Inc., Facebook Ireland Limited or its affiliates. Return to top 2. How our services are funded Instead of paying to use Facebook and the other products and services we offer, by using the Facebook Products covered by these Terms, you agree that we can show you ads that businesses and organisations pay us to promote on and off the Facebook Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things such as their business goal, and the kind of audience that they want to see their ads (for example, people between the ages of 18-35 who like cycling). We then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Facebook. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We don't share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how Facebook ads work here. We collect and use your personal data in order to provide the services described above for you. You can learn about how we collect and use your data in our Data Policy. You have controls over the types of ads and advertisers you see, and the types of information we use to determine which ads we show you. Learn more. Return to top 3. Your commitments to Facebook and our community We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments: 1. Who can use Facebook When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must: * use the same name that you use in everyday life; * provide accurate information about yourself; * create only one account (your own) and use your timeline for personal purposes; and * not share your password, give access to your Facebook account to others or transfer your account to anyone else (without our permission). We try to make Facebook broadly available to everyone, but you cannot use Facebook if: * You are under 13 years old (or the minimum legal age in your country to use our Products). * You are a convicted sex offender. * We've previously disabled your account for violations of our Terms or Policies. * You are prohibited from receiving our products, services or software under applicable laws. 2. What you can share and do on Facebook We want people to use Facebook to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so): 1. You may not use our Products to do or share anything: * That breaches these Terms, our Community Standards, and other Terms and Policies that apply to your use of Facebook.
 * That is unlawful, misleading, discriminatory or fraudulent.
 * That infringes or violates someone else's rights, including their intellectual property rights. 2. 3. You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products. 4. You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access. We can remove or restrict access to content that is in violation of these provisions. If we remove content that you have shared in violation of our Community Standards, we'll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies. We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Facebook. 3. The permissions you give us We need certain permissions from you to provide our services: 1. Permission to use content that you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Facebook and the other Facebook Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services, we need you to give us some legal permissions (known as a ‘licence') to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
Specifically, when you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on Facebook, you give us permission to store, copy and share it with others (again, consistent with your settings) such as service providers that support our service or other Facebook Products you use.This licence will end when your content is deleted from our systems.
You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. You can download a copy of your data at any time before deleting your account.
When you delete content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where: * Immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it); * your content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or * Where immediate deletion would restrict our ability to: * investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems); * comply with a legal obligation, such as the preservation of evidence; or * comply with a request of a judicial or administrative authority, law enforcement or a government agency; * 2. 
in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). 

In each of the above cases, this licence will continue until the content has been fully deleted. 3. Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on Facebook next to or in connection with ads, offers and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on Facebook. Ads like this can be seen only by people who have your permission to see the actions that you've taken on Facebook. You can learn more about your ad settings and preferences. 4. Permission to update software that you use or download: If you download or use our software, you give us permission to download and install updates to the software where available. 4. Limits on using our intellectual property If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which you add to content that you create or share on Facebook), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us. Return to top 4. Additional provisions 1. Updating our Terms We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests. We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Facebook community, you can delete your account at any time. 2. Account suspension or termination We want Facebook to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons. Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. You can learn more about what you can do if your account has been disabled and how to contact us if you think that we have disabled your account by mistake. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5. 3. Limits on liability We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is", and we make no guarantees that they will always be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). We cannot predict when issues may arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Facebook Products, even if we have been advised of the possibility of such damages. 4. Disputes We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms or the Facebook Products, and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the US District Court for the Northern District of California or a state court located in San Mateo County. You also agree that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. 5. Other 1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Facebook, Inc. regarding your use of our Products. They supersede any prior agreements. 2. Some of the Products that we offer are also governed by supplemental Terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent that any supplemental Terms conflict with these Terms, the supplemental Terms shall govern to the extent of the conflict. 3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. 4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. 5. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised. 6. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. 7. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why. 8. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. 9. We reserve all rights not expressly granted to you. Return to top 5. Other Terms and Policies that may apply to you * Community Standards: These guidelines outline our standards regarding the content that you post to Facebook and your activity on Facebook and other Facebook Products. * Commercial Terms: These Terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services. * Advertising Policies: These Policies specify what types of ad content are allowed by partners who advertise across the Facebook Products. * Self-Serve Ad Terms: These Terms apply when you use self-serve advertising interfaces to create, submit or deliver advertising or other commercial or sponsored activity or content. * Pages, Groups and Events Policy: These guidelines apply if you create or administer a Facebook Page, group or event, or if you use Facebook to communicate or administer a promotion. * Facebook Platform Policy: These guidelines outline the Policies that apply to your use of our platform (for example, for developers or operators of a platform application or website or if you use social plugins). * Developer Payment Terms: These Terms apply to developers of applications that use Facebook Payments. * Community Payment Terms: These Terms apply to payments made on or through Facebook. * Commerce Policies: These guidelines outline the Policies that apply when you offer products and services for sale on Facebook. * Facebook Brand Resources: These guidelines outline the Policies that apply to the use of Facebook trademarks, logos and screenshots. * Music Guidelines: These guidelines outline the Policies that apply if you post or share content containing music on Facebook.
 * Live Policies: These policies apply to all content broadcast to Facebook Live.
 * Messaging services terms relevant for EU, EEA and UK users: terms applicable to the messaging, voice and video calling services included in Facebook Products are listed here and here in accordance with EU rules. Date of last revision: 22 October 2020 Facebook Data Policy This Policy describes the information we process to support Facebook, Instagram, Messenger and other products and features offered by Facebook (Facebook Products or Products). You can find additional tools and information in the Facebook settings and Instagram settings. Return to top What kinds of information do we collect? To provide the Facebook Products, we must process information about you. The type of information that we collect depends on how you use our Products. You can learn how to access and delete information that we collect by visiting the Facebook settings and Instagram settings. Things that you and others do and provide. * Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content and message or communicate with others. This can include information in or about the content that you provide (e.g. metadata), such as the location of a photo or the date a file was created. It can also include what you see through features that we provide, such as our camera, so we can do things such as suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications that you and others provide to analyse context and what's in them for the purposes described below. Learn more about how you can control who can see the things you share. * Data with special protections: You can choose to provide information in your Facebook profile fields or life events about your religious views, political views, who you are "interested in" or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. * 
 * Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups that you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups that you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things such as helping you and others find people you may know and for the other purposes listed below.
 * Your usage. We collect information about how you use our Products, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features such as our camera.
 * Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information, other account and authentication information, and billing, delivery and contact details.
 * Things others do and information they provide about you. We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you or upload, sync or import your contact information.
 Device information. As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices that you use. For example, we use information collected about your use of our Products on your phone to better personalise the content (including ads) or features that you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device. Information that we obtain from these devices includes: * Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. * Device operations: information about operations and behaviours performed on the device, such as whether a window is in the foreground or background, or mouse movements (which can help distinguish humans from bots). * Identifiers: unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use, and Family Device IDs (or other identifiers unique to Facebook Company Products associated with the same device or account). * Device signals: Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts. * Data from device settings: information you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos. * Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things such as help you stream a video from your phone to your TV. * Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Facebook Cookies Policy and Instagram Cookies Policy. Information from partners. Advertisers, app developers and publishers can send us information through Facebook Business tools that they use, including our social plug-ins (such as the Like button), Facebook Login, our APIs and SDKs, or the Facebook pixel. These partners provide information about your activities off Facebook – including information about your device, websites you visit, purchases you make, the ads you see and how you use their services – whether or not you have a Facebook account or are logged in to Facebook. For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its shop. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services, or through third parties that they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing us with any data. Learn more about the types of partners we receive data from. To learn more about how we use cookies in connection with Facebook Business Tools, review the Facebook Cookie Policy and Instagram Cookie Policy. Return to top How do we use this information? We use the information that we have (subject to choices you make) as described below, and to provide and support the Facebook Products and related services described in the Facebook Terms and Instagram Terms. Here's how: Provide, personalise and improve our Products. We use the information we have to deliver our Products, including to personalise features and content (including your News Feed, Instagram Feed, Instagram Stories and ads) and make suggestions for you (such as groups or events that you may be interested in or topics that you may want to follow) on and off our Products. To create personalised Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data that we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places or things that you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalise your Facebook and Instagram experience, including features, content and recommendations in Facebook Products; you can also learn more about how we choose the ads that you see. * Information across Facebook Products and devices: We connect information about your activities on different Facebook Products and devices to provide a more tailored and consistent experience on all Facebook Products that you use, wherever you use them. For example, we can suggest that you join a group on Facebook that includes people you follow on Instagram or communicate with using Messenger. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Facebook Product when you sign up for an account on a different Product.
 * Location-related information: We use location-related information – such as your current location, where you live, the places you like to go, and the businesses and people you're near – to provide, personalise and improve our Products, including ads, for you and others. Location-related information can be based on things such as precise device location (if you've allowed us to collect it), IP addresses and information from your and others' use of Facebook Products (such as check-ins or events you attend).
 * Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
 * Face recognition: If you have it turned on, we use face recognition technology to recognise you in photos, videos and camera experiences. The face recognition templates that we create may constitute data with special protections under the laws of your country. Learn more about how we use face recognition technology, or control our use of this technology in Facebook settings. If we introduce face recognition technology to your Instagram experience, we will let you know first, and you will have control over whether we use this technology for you.
 * Ads and other sponsored content: We use the information we have about you – including information about your interests, actions and connections – to select and personalise ads, offers and other sponsored content that we show you. Learn more about how we select and personalise ads, and your choices over the data we use to select ads and other sponsored content for you in the Facebook Settings and Instagram Settings. Providing measurement, analytics and other business services. We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps and services. Learn how we share information with these partners. Promote safety, integrity and security. We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off Facebook Products. For example, we use data that we have to investigate suspicious activity or breaches of our Terms or Policies, or to detect when someone needs help. To learn more, visit the Facebook Security Help Centre and Instagram Security Tips. Communicate with you. We use the information that we have to send you marketing communications, communicate with you about our Products and let you know about our Policies and Terms. We also use your information to respond to you when you contact us. Research and innovate for social good. We use the information we have (including from research partners we collaborate with) to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. For example, we analyse information that we have about migration patterns during crises to aid relief efforts. Learn more about our research programmes. Return to top How is this information shared? Your information is shared with others in the following ways: Sharing on Facebook Products People and accounts that you share and communicate with When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Facebook, you select the audience for the post, such as a group, all of your friends, the public or a customised list of people. Similarly, when you use Messenger or Instagram to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions that you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Facebook or Instagram Stories. Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your Instagram username, any information you share with a public audience, information in your public profile on Facebook, and content you share on a Facebook Page, public Instagram account or any other public forum, such as Facebook Marketplace. You, other people using Facebook and Instagram, and we can provide access to or send public information to anyone on or off our Products, including in other Facebook Company Products, in search results or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs and offline media such as TV, and by apps, websites and other services that integrate with our Products. Learn more about what information is public and how to control your visibility on Facebook and Instagram. Content that others share or reshare about you. You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience that you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot or reshare that content to others across or off our Products, in person or in virtual reality experiences such as Facebook Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content. Information about your active status or presence on our Products. People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Instagram, Messenger or Facebook, or when you last used our Products. Apps, websites and third-party integrations on or using our Products. When you choose to use third-party apps, websites or other services that use, or are integrated with, our Products, they can receive information about what you post or share. For example, when you play a game with your Facebook friends or use a Facebook Comment or Share button on a website, the game developer or website can receive information about your activities in the game or receive a comment or link that you share from the website on Facebook. Also, when you download or use such third-party services, they can access your public profile on Facebook, and any information that you share with them. Apps and websites that you use may receive your list of Facebook friends if you choose to share it with them. But apps and websites that you use will not be able to receive any other information about your Facebook friends from you, or information about any of your Instagram followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of Facebook and Instagram (i.e. where we have not developed our own first-party apps) will have access to all information that you choose to share with them, including information that your friends share with you, so they can provide our core functionality to you. Note: We are in the process of restricting developers' data access even further to help prevent abuse. For example, we will remove developers' access to your Facebook and Instagram data if you haven't used their app in three months, and we are changing login, so that in the next version, we will reduce the data that an app can request without app review to include only name, Instagram username and bio, profile photo and email address. Requesting any other data will require our approval. New owner. If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner. Sharing with third-party partners We work with third-party partners who help us provide and improve our Products or who use Facebook Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties that we share information with: Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Facebook Products. For example, Page admins and Instagram business profiles receive information about the number of people or accounts who viewed, reacted to or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Facebook ads led you to make a purchase or take an action with an advertiser. Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners. Partners offering goods and services in our Products. When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information that you share with them, as well as the information needed to complete the transaction, including shipping and contact details. Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys. Researchers and academics. We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that supports our business or mission and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. Law enforcement or legal requests. We share information with law enforcement or in response to legal requests in the circumstances outlined below. Learn more about how you can control the information about you that you or others share with third-party partners in the Facebook settings and Instagram settings. Return to top How do the Facebook Companies work together? Facebook and Instagram share infrastructure, systems and technology with other Facebook Companies (which include WhatsApp and Oculus) to provide an innovative, relevant, consistent and safe experience across all Facebook Company Products that you use. We also process information about you across the Facebook Companies for these purposes, as permitted by applicable law and in accordance with their Terms and Policies. For example, we process information from WhatsApp about accounts sending spam on its service so we can take appropriate action against those accounts on Facebook, Instagram or Messenger. We also work to understand how people use and interact with Facebook Company Products, such as understanding the number of unique users on different Facebook Company Products. Return to top How can I manage or delete information about me? We provide you with the ability to access, rectify, port and delete your data. Learn more in your Facebook settings and Instagram settings. We store data until it is no longer necessary to provide our services and Facebook Products or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things such as the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Facebook, you can access and delete that query from within your search history at any time, but the log of that search is deleted after six months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after review, unless otherwise stated. Learn more about deletion of content that you have shared and cookie data obtained through social plugins. When you delete your account, we delete things that you have posted, such as your photos and status updates, and you won't be able to recover this information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Facebook settings and Instagram settings. Return to top How do we respond to legal requests or prevent harm? We access, preserve and share your information with regulators, law enforcement or others: * In response to a legal request (e.g. a search warrant, court order or subpoena) if we have a good-faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction and is consistent with internationally recognised standards. * When we have a good-faith belief that it is necessary to: detect, prevent and address fraud, unauthorised use of the Products, breaches of our Terms or Policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory enquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products. Information we receive about you (including financial transaction data related to purchases made with Facebook) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for term breaches for at least a year to prevent repeat abuse or other term breaches. Return to top How do we operate and transfer data as part of our global services? We share information globally, both internally within the Facebook Companies, and externally with our partners and with those you connect and share with around the world in accordance with this Policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this Policy. These data transfers are necessary to provide the services set forth in the Facebook Terms and Instagram Terms, and to globally operate and provide our Products to you. We utilise standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries. Return to top How will we notify you of changes to this Policy? We'll notify you before we make changes to this Policy and give you the opportunity to review the revised Policy before you choose to continue using our Products. Return to top How to contact Facebook with questions You can learn more about how privacy works on Facebook and on Instagram. If you have questions about this Policy, you can contact us as described below. We may resolve disputes that you have with us in connection with our Privacy Policies and practices through TrustArc. You can contact TrustArc through its website. Contact us You can contact us online or by writing to: Facebook, Inc. ATTN: Privacy Operations 1601 Willow Road Menlo Park, CA 94025, USA Facebook Cookies & Other Storage Technologies Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones and other devices. Other technologies, including data that we store on your web browser or device, identifiers associated with your device and other software, are used for similar purposes. In this policy, we refer to all of these technologies as "cookies". We use cookies if you have a Facebook account, use the Facebook Products, including our website and apps, or visit other websites and apps that use the Facebook Products (including the Like button or other Facebook Technologies). Cookies enable Facebook to offer the Facebook Products to you and to understand the information that we receive about you, including information about your use of other websites and apps, whether or not you are registered or logged in. This policy explains how we use cookies and the choices you have. Except as otherwise stated in this policy, the Data Policy will apply to our processing of the data that we collect via cookies. Return to top Why do we use cookies? Cookies help us provide, protect and improve the Facebook Products, such as by personalising content, tailoring and measuring ads, and providing a safer experience. The cookies that we use include session cookies, which are deleted when you close your browser, and persistent cookies, which stay in your browser until they expire or you delete them. While the cookies that we use may change from time to time as we improve and update the Facebook Products, we use them for the following purposes: Authentication We use cookies to verify your account and determine when you're logged in so that we can make it easier for you to access the Facebook Products and show you the appropriate experience and features. For example: We use cookies to keep you logged in as you navigate between Facebook Pages. Cookies also help us remember your browser so you don't have to keep logging in to Facebook and so you can more easily log in to Facebook via third-party apps and websites. For example, we use the "c_user" and "xs" cookies for this purpose, with a lifespan of 365 days. Security, site and product integrity We use cookies to help us keep your account, data and the Facebook Products safe and secure. For example: Cookies can help us identify and impose additional security measures when someone may be attempting to access a Facebook account without authorisation, for instance, by rapidly guessing different passwords. We also use cookies to store information that allows us to recover your account in the event that you forget your password or to require additional authentication if you tell us that your account has been hacked. This includes, for example, our "sb" and "dbln" cookies, which enable us to identify your browser securely. We also use cookies to combat activity that violates our policies or otherwise degrades our ability to provide the Facebook Products. For example: Cookies help us fight spam and phishing attacks by enabling us to identify computers that are used to create large numbers of fake Facebook accounts. We also use cookies to detect computers infected with malware and to take steps to prevent them from causing further harm. Our "csrf" cookie, for example, helps us prevent cross-site request forgery attacks. Cookies also help us prevent underage people from registering for Facebook accounts. Advertising, recommendations, insights and measurement We use cookies to help us show ads and to make recommendations for businesses and other organisations to people who may be interested in the products, services or causes they promote. For example: Cookies allow us to help deliver ads to people who have previously visited a business's website, purchased its products or used its apps and to recommend products and services based on that activity. Cookies also allow us to limit the number of times that you see an ad so you don't see the same ad over and over again. For example, the "fr" cookie is used to deliver, measure and improve the relevancy of ads, with a lifespan of 90 days. We also use cookies to help measure the performance of ad campaigns for businesses that use the Facebook Products. For example: We use cookies to count the number of times that an ad is shown and to calculate the cost of those ads. We also use cookies to measure how often people do things, such as make a purchase following an ad impression. The "_fbp" cookie identifies browsers for the purposes of providing advertising and site analytics services and has a lifespan of 90 days. . Cookies help us serve and measure ads across different browsers and devices used by the same person. For example: We can use cookies to prevent you from seeing the same ad over and over again across the different devices that you use. Cookies also allow us to provide insights about the people who use the Facebook Products, as well as the people who interact with the ads, websites and apps of our advertisers and the businesses that use the Facebook Products. For example: We use cookies to help businesses understand the kinds of people who like their Facebook Page or use their apps so that they can provide more relevant content and develop features that are likely to be interesting to their customers. We also use cookies, such as our "oo" cookie, which has a lifespan of five years, to help you opt out of seeing ads from Facebook based on your activity on third-party websites. Learn more about the information we receive, how we decide which ads to show you on and off the Facebook Products and the controls that are available to you. Site features and services We use cookies to enable the functionality that helps us provide the Facebook Products. For example: Cookies help us store preferences, know when you've seen or interacted with Facebook Products' content and provide you with customised content and experiences. For instance, cookies allow us to make suggestions to you and others, and to customise content on third-party sites that integrate our social plugins. If you are a Page administrator, cookies allow you to switch between posting from your personal Facebook account and the Page. We use cookies such as the session-based "presence" cookie to support your use of Messenger chat windows. We also use cookies to help provide you with content relevant to your locale. For example: We store information in a cookie that is placed on your browser or device so that you will see the site in your preferred language. Performance We use cookies to provide you with the best experience possible. For example: Cookies help us route traffic between servers and understand how quickly Facebook Products load for different people. Cookies also help us record the ratio and dimensions of your screen and windows and know whether you've enabled high-contrast mode, so that we can render our sites and apps correctly. For example, we set the "dpr" and "wd" cookies, each with a lifespan of 7 days, to deliver an optimal experience for your device's screen. Analytics and research We use cookies to better understand how people use the Facebook Products so that we can improve them. For example: Cookies can help us understand how people use the Facebook service, analyse which parts of the Facebook Products people find most useful and engaging, and identify features that could be improved. Google Analytics We also set cookies from the Facebook.com domain that work with the Google Analytics service to help us understand how businesses use Facebook's developer sites. These cookies have names such as __utma, __utmb, __utmc, __utmz, __qca and _ga. Third-party websites and apps Our business partners may also choose to share information with Facebook from cookies set in their own websites' domains, whether or not you have a Facebook account or are logged in. Specifically, cookies named _fbc or _fbp may be set on the domain of the Facebook business partner whose site you're visiting. Unlike cookies that are set on Facebook's own domains, these cookies aren't accessible by Facebook when you're on a site other than the one on which they were set, including when you are on one of our domains. They serve the same purposes as cookies set in Facebook's own domain, which are to personalise content (including ads), measure ads, produce analytics and provide a safer experience, as set out in this Cookies Policy. Return to top Where do we use cookies? We may place cookies on your computer or device and receive information stored in cookies when you use or visit: * The Facebook Products; * Products provided by other members of the Facebook Companies; and * Websites and apps provided by other companies that use the Facebook Products, including companies that incorporate the Facebook Technologies into their websites and apps. Facebook uses cookies and receives information when you visit those sites and apps, including device information and information about your activity, without any further action from you. This occurs whether or not you have a Facebook account or are logged in. Return to top Do other parties use cookies in connection with the Facebook Products? Yes, other parties may use cookies on the Facebook Products to provide services to us and the businesses that advertise on Facebook. For example, our measurement partners use cookies on the Facebook Products to help advertisers understand the effectiveness of their Facebook advertising campaigns and to compare the performance of those campaigns against ads displayed on other websites and apps. Learn more about the companies that use cookies on the Facebook Products. Third parties also use cookies on their own sites and apps in connection with the Facebook Products. To understand how other parties use cookies, please review their policies. Return to top How can you control Facebook's use of cookies? We use cookies to help personalise and improve content and services, provide a safer experience and to show you useful and relevant ads on and off Facebook. You can control how we use data to show you ads and more by using the tools described below. If you have a Facebook account: * You can use your ad preferences to learn why you're seeing a particular ad and control how we use information that we collect to show you ads. * To show you better ads, we use data that advertisers and other partners provide us about your activity off Facebook Company Products, including websites and apps. You can control whether we use this data to show you ads in your ad settings. * The Facebook Audience Network is a way for advertisers to show you ads in apps and websites off the Facebook Company Products. One of the ways that Audience Network shows relevant ads is by using your ad preferences to determine which ads you may be interested in seeing. You can control this in your ad settings. * You can review your Off-Facebook activity, which is a summary of activity that businesses and organisations share with us about your interactions with them, such as visiting their apps or websites. They use our business tools, such as Facebook pixel, to share this information with us. This helps us do things like give you a more personalised experience on Facebook. Learn more about off-Facebook activity, how we use it and how you can manage it. Everyone: You can opt out of seeing online interest-based ads from Facebook and other participating companies through the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada or the European Interactive Digital Advertising Alliance in Europe or through your mobile device settings, where available, using Android, iOS 13 or an earlier version of iOS. Please note that ad blockers and tools that restrict our cookie use may interfere with these controls. More information about online advertising: The advertising companies we work with generally use cookies and similar technologies as part of their services. To learn more about how advertisers generally use cookies and the choices they offer, you can review the following resources: * Digital Advertising Alliance * Digital Advertising Alliance of Canada * European Interactive Digital Advertising Alliance Browser cookie controls: In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. These controls vary by browser, and manufacturers may change both the settings they make available and how they work at any time. As of 5 October 2020, you may find additional information about the controls offered by popular browsers at the links below. Certain parts of the Facebook Products may not work properly if you have disabled browser cookie use. Please be aware that these controls are distinct from the controls that Facebook offers you. * Google Chrome * Internet Explorer * Firefox * Safari * Safari Mobile * Opera Date of last revision: 5 October 2020 Honey Terms of Use Last updated June 2, 2020 Introduction These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the websites, software applications, and other online services (collectively, the “Service”) provided by Honey Science LLC (“Honey”). The Service includes, but is not limited to, the Honey extension for desktop web browsers, the Honey mobile application (the “Honey Mobile App”), and the website located at www.joinhoney.com (the “Website”). Users Based Outside the United States If you are based in Canada, Australia or New Zealand, you agree to the applicable supplement terms that are included at the end of this Agreement, so please review them carefully. If you are based in the UK or Europe, then the applicable Terms of Use that govern your use of the Service are set forth here: https://joinhoney.com/terms/eu. Accepting the Terms By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our websites or use our software without registering) or you are a “Member” (which means that you have registered to create an account with Honey). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “our” refers to Honey. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Honey. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. If you do not agree to this Agreement, please don’t use the Service. We really want to make sure you read this next part so we’re going to use all-caps: THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS. Privacy and your Personal Information For information about Honey’s privacy and data protection practices, please read Honey’s Privacy Policy found at www.joinhoney.com/privacy. Our privacy policy explains how Honey collects, uses and shares your information that you provide when you access the Service. By using the Service, you consent to Honey’s collection, use, and sharing of your information as set forth in our privacy policy. Description of the Service As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, coupons, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices. We also allow you to make purchases from merchants while you are using the Honey Mobile App. Further details about the Honey Mobile App are described below. The Service also includes our Honey Gold and any other offerings described below. For Members who choose to enroll in Honey Pay, please note that Honey Pay is further subject to the Honey Pay Terms of Service as well as the terms and policies of Honey Pay’s service providers. The Service is provided to you by Honey as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers. Honey Mobile App and Third-Party Merchant Purchases The Honey Mobile App is a mobile app that allows you to view information about products listed for sale by third-party merchants online, find exclusive offers from those products, track pricing information, and purchase products from those third-party merchants while within the Honey Mobile App. All products you purchase from a third-party merchant linked from the Honey Website or through the Mobile App are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Honey. Honey is not a re-seller or distributor of any products of third-party merchants displayed within the Honey Website or Mobile App. You agree that your purchase from a third-party merchant linked from the Honey Website or within the Mobile App is subject to the merchant’s own terms and conditions applicable to such purchase. The Honey Mobile App will present you those merchant terms and conditions prior to making your purchase, and you can also access them from within the legal page of your account section of the Honey Mobile App. You agree that Honey is in no way responsible or liable to you for any products you purchase from a merchant linked from the Honey Website or within the Mobile App, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. When you purchase products within the Honey Mobile App, you agree to pay the price for such products as set forth in the Honey Mobile App, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”). Making a purchase within the Honey Mobile App then involves certain steps that we want to make sure you understand. When you make a purchase within the Honey Mobile App, you authorize Honey and its service providers to take the steps outlined below: 1. When you first make a purchase within the Honey Mobile App, Honey’s third-party payment processors will issue a temporary authorization charge (also known as a pre-auth hold) on the payment card that you provided for the purchase. We do this to verify your payment information, and this authorization charge will be released following successful completion of your payment transaction.
 2. Next, to fulfill your purchase Honey’s third-party service provider will create a temporary single-use payment card (a “Single-Use Card”) that is linked to your name and your shipping and billing information. The original payment card that you provided for the purchase will then be charged the Full Purchase Amount by Honey’s third-party service providers, and this charged amount will be used to fund the Single-Use Card.
 3. Finally, the Single-Use Card will be used to purchase the product(s) that you have selected to purchase in step #1 above, from each of the applicable third-party merchant(s). This Single-Use Card is used to facilitate a single transaction, including any corresponding refund, and is not used for any other purpose.
 Please note that, when you make a purchase using the Honey Mobile App, or another Honey product or service, your payment card information remains secured through our PCI Level 1 payment processor, Braintree (a PayPal service) (Terms and Privacy Policy available here). When you make a purchase within the Honey Mobile App, or another Honey product or service, you represent and warrant that you have the legal right to use the payment method you provide to us, including, without limitation, any credit card you provide when making a transaction. Please note that accelerated or other rewards (for example, 2x points, 5% back) on certain purchases, including those that are available as a result of a special offer, may not be available. See your applicable issuer program terms and conditions for more details. Third-party gift cards made available for purchase or redemption may be subject to further terms and conditions by the merchant and/or gift card provider, which you can access during the checkout process and later in your confirmation email. Gift cards and card balances are maintained by the card provider, and not by Honey. We reserve the right, with or without prior notice and in our sole and complete discretion, to refuse to allow any user to purchase any products within the Honey Mobile App, or another Honey product or service. You acknowledge and agree that Honey is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants. If you are unhappy with your product purchase, if you wish to return your product, if you ordered a product and it has not arrived, or if you have another customer service inquiry regarding your purchased product, you will need to contact the specific merchant of that product to address such an inquiry. The Honey Mobile App may include functionality that allows you to directly find the merchant’s contact information and return information in order to resolve such inquiry. While we attempt to be as accurate as we can in our descriptions for the products shown within the Honey Website and Mobile App, we do not warrant that such product descriptions or related merchant information or terms shown within the Honey Website and Mobile App are accurate, complete, reliable, current, or error-free. The inclusion of any products within the Honey Website or Mobile App at a particular time does not imply or warrant that these products will be available at any other time. When you make a purchase within the Honey Mobile App from a third-party merchant, the Honey Mobile App will also forward to your email that you have registered to your Honey account, certain transactional emails about your purchases from that merchant, such as purchase confirmations and shipping notifications. You can check all emails and other notifications sent from a merchant related to your purchase from within your account profile section of the Honey Mobile App. You agree that Honey is in no way liable to you for any emails or other notifications that you fail to receive from the Honey Mobile App or that are not directly forwarded to your personal email address. In some cases, Honey may, at its sole discretion, communicate with the merchant directly to attempt to resolve issues with the purchase process. You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Honey Mobile App. We do not guarantee that the Honey Mobile App can be accessed and used on any particular mobile device or with any particular service plan. We do not guarantee that the Honey Mobile App will be available in, or that orders for products can be placed from, any particular geographic location. Using the Honey Mobile App from Apple App Store and Google Play Store: The following terms and conditions apply to you if you are using the Honey Mobile App from the Apple App Store or Google Play Store. To the extent the other terms and conditions of the rest of this Agreement conflict with the terms and conditions of this paragraph, the terms and conditions in this paragraph apply, but solely with respect to your use of the Honey Mobile App from the Apple App Store or Google Play Store: * You acknowledge and agree that this Agreement is solely between you and Honey, not Apple or Google, and that Apple and Google have no responsibility for the Honey Mobile App or content thereof. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Honey Mobile App.
 * In the event of any failure of the Honey Mobile App to conform to any applicable warranty, you may notify Apple or Google, as applicable, and they will refund the purchase price you paid to install the Honey Mobile App, if any, to you.
 * Your use of the Honey Mobile App must comply with the applicable Apple App Store or Google Play Store Terms of Use.
 * To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Honey Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement.
 * You and Honey acknowledge that Apple and Google are not responsible for addressing any claims of yours or any third-party relating to the Honey Mobile App or your possession and/or use of the Honey Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Honey Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
 * You and Honey acknowledge that, in the event of any third-party claim that the Honey Mobile App or your possession and use of the Honey Mobile App infringes that third-party’s intellectual property rights, Honey, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
 * You must comply with applicable third-party terms of agreement when using the Honey Mobile App.
 * You and Honey acknowledge and agree that Apple and Google, and their subsidiaries, as applicable, are third-party beneficiaries of this Agreement as its relates to your license and use of the Honey Mobile App, and that, upon your acceptance of this Agreement, Apple or Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
 Account Information from Third Party Sites With the Service, Members may direct Honey to interact with existing accounts they own and that are maintained online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or their accounts on the websites of specific merchants. Honey makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non- infringement. Honey is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Honey may import information from your Third Party Accounts to help better offer the Services to you. Honey does not control the policies and practices of any third-party site or service, including any Third Party Accounts you connect to the Services. Honey cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Honey cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Honey Offers and Third-Party Links Some parts of the Service are supported by sponsored links from third-party advertisers and the display of “Honey Offers,” which are product offers sponsored by third-parties that may be (subject to and in accordance with our privacy policy) custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”). If you click on a sponsored advertiser link, Honey Offer or Affiliate Link, you will be redirected to the site, of the third-party which offers the products (or a specific portion of the Services dedicated for the partner’s offerings, from which the third-party’s website will be accessible), and (subject to and in accordance with our privacy policy) your session may be tracked using cookies. In connection with Honey Offers, the Service will provide links to other websites belonging to Honey advertisers and other third parties. Honey does not endorse, warrant or guarantee the products or services available through the sponsored advertiser link, Honey Offer or Affiliate Link, (or any other third -party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. Honey is not an agent, distributor, re-seller, broker or otherwise responsible for such third-parties or the activities or policies of those websites or the products or services. available on them. Honey does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market. When you access third-party websites via our Service, you accept that there are risks in doing so, and that Honey is not responsible for such risks. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Honey has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Honey will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service. If there is a dispute between participants on our Service, or between users and any third-party (including a merchant from whom you purchase a product within the Honey Mobile App), you agree that Honey is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users, you release Honey, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Honey Gold Where you carry out certain activities via our Service (including clicking on certain Honey Offers) you will earn rewards points that we call “Honey Gold”. Honey Gold is awarded where you complete a certain action using the Service, most commonly by completing a transaction on a specific third-party merchant’s website. Where Honey Gold is applicable to a particular action, this will be indicated on the Service. Once you accumulate enough Honey Gold, you can log in and redeem it for a gift card on the Honey Website. Selection of merchant gift cards may vary based on program availability. Use of a third-party merchant gift card at a selected merchant will be subject to the merchant’s own terms of service. We can afford to give you Honey Gold because these offers are designed to share with you a portion of an affiliate commission paid by a third-party merchant to us. As such we can only provide Honey Gold to you when an action is successfully completed and tracked and after we are paid the relevant commission by the third-party merchant. If we are ultimately unable to recover payment from the relevant third-party merchant, then Honey shall have no obligation to provide any Honey Gold to you for the action performed by you. This includes instances where there are difficulties in tracking a transaction due to your use of an ad blocker or interaction with another affiliate program. To ensure you are eligible for Honey Gold in relation to a transaction, we may require you to provide copies of your order confirmation, order number, or other proof of purchase. Additionally, you must be a Member in order to participate in the Honey Gold program. If you have any trouble using Honey Gold then please contact us at gold@joinhoney.com and we will try to figure out what went wrong. In our sole discretion we may choose to award you Honey Gold if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for Honey Gold if tracking your transactions becomes an issue. Basically, we’re going to try to be good people and we hope you choose to do the same. This only works if everyone plays fairly. Honey Gold is not transferrable (i.e. it is personal to each User) and can expire as further explained below. Expiration of Honey Gold To maintain your Honey Gold points, you must earn at least 10 Honey Gold points during each consecutive 12-month period. To the maximum extent permitted by applicable law, if you do not earn at least 10 new Honey Gold in each 12-month period, your Honey Gold balance will automatically reset to zero (0). To the maximum extent permitted by applicable law, you agree that any disputes about whether your Honey Gold points should expire will be resolved by Honey in its sole discretion, and you agree to abide by Honey’s resolution of such dispute. Referral And Other Rewards Programs Periodically Honey may make you offers to receive Honey Gold or other rewards for taking actions to promote the Service, such as referring a friend (collectively “Rewards Programs”). In general, if you participate within the spirit of the program you will be rewarded. However, to protect ourselves from seen and unforeseen issues we reserve the right, in our sole discretion, to withhold such consideration, including Honey Gold, for any reason at any time with or without any cause. By participating in Honey Rewards Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Rewards Program please contact us. Honey reserves the right to withhold or retract Honey Gold if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program. (For instance, if you try to accumulate Honey Gold through use of a bot network, purchased email lists for unconsented referrals, or by engaging in repeated purchase-return behavior.) In association with Rewards Programs you may be issued personalized links that (subject to and in accordance with our privacy policy) track traffic back to your account so that we can issue you rewards. You agree not to promote these personalized links through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method please contact us for permission BEFORE you begin promoting your personalized link. Failure to do so will result in all rewards being withheld and your account potentially being suspended. Honey reserves the right at any time to cancel, modify, or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers, expiration terms, etc. Honey reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program, if it determines that you have done so in violation of this Agreement. Your Registration Information You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.” By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data, adjust your user preferences in your account profile and /or click “Unsubscribe“ in any e-mail communications we send you. If you become aware of any unauthorized use of your Registration Information, you agree to notify Honey immediately. Your Use of the Service Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non- commercial purposes. Subject to your compliance with this Agreement, Honey hereby grants to you, a personal, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the software and content provided to you as part of the Services (for personal, non-commercial purposes; and (ii) download a single copy of our software for such use. Accurate records enable Honey to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Honey. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times. You agree that Honey may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy). As is further detailed in our privacy policy, Honey collects information about the websites that you visit in order to create a better user experience for you and other Honey users. Examples of this type of information include information about the products your browser visits, including the current product prices and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience. You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that: * Infringes or violates the intellectual property rights or any other rights of anyone else (including Honey);
 * Violates any law or regulation or this Agreement;
 * Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
 * Jeopardizes the security of your Honey account or anyone else’s (such as allowing someone else to log in to the Services as you);
 * Attempts, in any manner, to obtain the password, account, or other security information from any other User;
 * Violates the security of any computer network, or cracks any passwords or security encryption codes;
 * Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
 * “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
 * Copies or stores any significant portion of the Content;
 * Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
 * Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service.
 If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services. Electronic Notifications Honey may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our privacy policy. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications. Automatic notifications may be sent to you following certain changes made online to your Honey account, such as a change in your Registration Information. Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Honey may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service. Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications. Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Honey login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service. As part of the Honey Mobile App and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you outside or inside the Honey Mobile App (“Push Messages”). You acknowledge that, when you use the Honey Mobile App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Honey Mobile App or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Honey Mobile App, including your receipt of Push Messages from Honey. Rights you Grant to us By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Honey through the Service, then (except for User Content, to which the specific rules below apply) you hereby give Honey permission to use that content solely for the purpose of providing the Service. Honey may use and store the content, but only to provide the Service to you. By submitting this content to Honey, you represent that you are entitled to submit it to Honey for use for this purpose, without any obligation by Honey to pay any fees or other limitations. Honey's Intellectual Property Rights The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under copyright, trademark and other laws. The contents of the Service belong or are licensed to Honey or its software or content suppliers. Honey grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at info@joinhoney.com. Access and Interference You agree that you will not do stuff to make it harder for other users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us. Rules for Posting Content As part of the Service, Honey may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules: * You are responsible for all User Content you submit to the Service.
 * By submitting User Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
 * You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
 * You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
 Disclaimer of Representations and Warranties WE THOUGHT IT WOULD BE A GOOD IDEA TO INCLUDE A SECTION THAT IS IN ALL CAPS TO GET YOUR ATTENTION SO HERE IT GOES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. HONEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HONEY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HONEY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THE ACCURACY OF ANY USER CONTENT THAT YOU PROVIDE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT. Notification Disclaimer You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. Honey does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that Honey shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you or any third-party in reliance on a notification. Limitations on Honey's Liability HERE WE GO AGAIN: HONEY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, EVEN IF HONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HONEY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF HONEY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT. Your Indemnification of Honey You shall defend, indemnify and hold harmless Honey and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make within the Honey Mobile App) or any breach of this Agreement by you or your violation of any law or the rights of a third-party when using the Service. Ending your Relationship with Honey (and vice versa) This Agreement will continue to apply until terminated by either you or Honey as set out below. If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise just uninstall Honey and stop visiting our Website and using other Services. Email removeaccount@joinhoney.com to cancel your account. Upon doing so: * your account will be closed, your Honey Gold account will be zeroed out, and your ability to log in deactivated; and
 * any data in our records will be retained subject to our privacy policy.
 Honey may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information. Unless the reason for Honey doing this is that you have breached this Agreement in a serious way, in these circumstances, we will let you redeem your remaining Honey Gold. Modifications Honey may modify this Agreement from time to time, to reflect: (i) technological developments; (ii) changes to the Service; and (iii) changes to law and regulation. Any and all changes to this Agreement will be posted on the Website. In addition, the Agreement will always indicate the date it was last revised. These changes will not be retrospective (i.e. they will only apply from the date notified, or any later date stated in the notification). If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above). You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. If you wish to begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 963 E. 4th Street, Los Angeles, CA 90013. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. BY AGREEING TO THIS ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND HONEY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. If you do not want to arbitrate disputes with Honey and you are an individual, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by sending an email to privacy@joinhoney.com within thirty (30) days of the first date you access or use the Service. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us. Governing Law and Forum for Disputes This Agreement, and your relationship with Honey under this Agreement, shall be governed by the laws of the State of California in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Honey, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Honey may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Honey is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with Honey, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement (LAST TIME FOR ALL CAPS, PROMISE): * YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
 * YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
 Copyright Disputes and User Content You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Honey, being asked to remove user generated material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, visit here. To learn more about the DMCA, here. Consumer Rights Notices California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952- 5210. Maryland Consumer Rights Notice. For Members using Honey’s checkout with gift card service, the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic# 1044077) at: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by telephone at (888) 784-0136. Miscellaneous If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if Honey does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Honey has the benefit of under any applicable law), this will not be taken to be a formal waiver of Honey’s rights and that those rights or remedies will still be available to Honey. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. Contact Us Honey welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at info@joinhoney.com or writing us at 963 E. 4th Street, Los Angeles, CA 90013. Supplemental Terms for Users Accessing or Using Our Services in Canada, Australia or New Zealand Canada If you are accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada: * Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
 * Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
 * Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and third-parties' goods and services that may be of interest to you.
 Australia If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia: * Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
 * Indemnity. You will not be obliged to indemnify Honey under the section titled ‘Your Indemnification of Honey’ to the extent that any claims and expenses arise from the negligence or wilful misconduct of Honey, its officers, directors, shareholders and employees.
 * Modification. Where Honey modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
 * Honey Gold. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including Honey Gold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
 * Marketing and communications. Subject to your right to unsubscribe under ‘Your Registration Information’, you consent to receiving, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Honey Offers, personalized links or other electronic notifications, which may be of interest to you.
 * Collection notice and consent. You acknowledge and agree that our Privacy Policy explains how, and the purposes for which we will collect, use, disclose and handle your personal information; how to access and seek correction of your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any such complaint. If you do not provide us with relevant personal information, we may not be able to provide you with access to parts of the Services. You acknowledge that your personal information may be disclosed to our related entities and to third parties that help us deliver our Services (subject to and in accordance with our privacy policy), including parties located outside of Australia, such as in the United States and the European Union.
 New Zealand If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand: * Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law.
 * Indemnity. You will not be obliged to indemnify Honey under the section titled ‘Your Indemnification of Honey’ to the extent that any claims and expenses arise from the negligence or other unlawful act or omission of Honey, its officers, directors, shareholders and employees.
 * Modification. Where Honey modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
 * Honey Gold. Except in the event fraud, any cancellation, modification or restriction of any aspect of our Rewards Programs (including Honey Gold) will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
 * Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages or emails about our own and/or third-parties' goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you, and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.
 Honey Privacy and Security Policy Last updated June 25, 2020 A letter from our founders As users of the internet, we care about privacy just like you do. And as fellow human beings, we think you deserve to know exactly what you can expect from your Honey experience. Before you read our privacy policy, we’d first like to tell you how we think about privacy in simple terms. We do not sell your personal information. Ever. Honey works by finding you the best deals. When you buy something with a Honey coupon, promo code, or offer, the store sometimes pays us a fee. That’s how we make money. We do not need to (or want to) sell your information. So how do we use your data? First and foremost, we analyze some information on the retail website you’re on so that we can find the best coupons for that site or product. Also, we collect limited shopping data to support the Honey community. That means Honey members share real-time information about deals, prices, and products with the rest of the community to help everyone save time and money. Want to know which promo code works? Sure, another member just tested all of the codes with Honey five minutes ago. Want to see when a product you’re interested in goes on sale? Another Honey member is helping us update the price right now. When shoppers hunt for deals together, rather than on their own, everyone saves time and money. Our stance on privacy is simple: We will be transparent with what data we collect and how we use it to save you time and money, and you can decide if you’re good with that. If this sounds fair, then let’s start shopping smarter, together. P.S. If you have any questions or comments, just email us at privacy@joinhoney.com. George Ruan Co-Founder  Ryan Hudson Co-Founder  Introducing the Privacy Policy This privacy policy (“Privacy Policy”) explains how Honey Science LLC (“Honey” or “we”) collects and processes information from members and users of the website, software applications, and other online services we provide (collectively “Honey’s products”). Honey’s products include, but are not limited to, the Honey extension for web browsers (the “Extension”), the Honey mobile application (the “Mobile App”), and the website located at www.joinhoney.com (the “Website”). If we ever need additional personal information for a specific reason, we will tell you and ask for your permission. Also, to the extent that Honey has links to other websites (like retailers), please note that we do not own, operate, or control them, and they have their own controlling privacy policies that you should review. What data we collect and why In order to provide our products, Honey collects information that you share directly with us when you use our website, extension, or Mobile App. Though you don’t have to, you can choose to provide your email to set up an account with us, which lets you add items to your Droplist, earn Honey Gold, see a personalized recommendation feed, and more. You can also set up your profile with your name and other info for a more personalized experience. Honey also collects technical information about your device and use of Honey to make sure that our products are working correctly. The information we collect is geared to providing Honey members with a better way to shop online and to help us develop, improve, and market our services. Learn More   Honey does not track your search engine history, emails, or your browsing on any site that is not a retail website (a site where you can shop and make a purchase). When you are on a pre-approved retail site, to help you save money, Honey will collect information about that site that lets us know which coupons and promos to find for you. We may also collect information about pricing and availability of items, which we can share with the rest of the Honey community. Learn More   How we share your data We know how important your personal data is to you, so we will never sell it. We’ll only share it with your consent or in ways you’d expect (as we explain here). That means we will share your data if needed to complete your purchase, with businesses who help us operate Honey, or if we are legally required to do so. Learn More   How we protect your data The security of your information is important to us. We have a team dedicated to protecting your information and have put in place physical, electronic, and procedural safeguards. Learn More   How we use cookies and similar technologies Like most other online services, Honey uses cookies, pixel tags, web beacons, and other markers (we’ll just call them “cookies”) to collect some of the data discussed in this Privacy Policy. These help us operate our products, analyze engagement and usage, and provide a relevant and personalized shopping experience. See below to learn how you can manage your cookie preferences. Learn More   Your choices for managing your data We’ve made it easy to opt out of Honey’s products at any time. Learn More   Additional rights regarding your data Depending on where you live, you may have additional rights as to the personal information that you share and Honey collects. Residents of the EU, UK, Canada, Australia, New Zealand, and California can click below to learn more. Learn More   Data Transfers and the EU-US Privacy Shield If we transfer your data outside of the European Economic Area, we will do so within the safeguards of Model Contract Clauses and the EU-US Privacy Shield framework. Learn More   Minors We created Honey for the exclusive use of adults (18 and older). We don’t knowingly collect or solicit personal information from children. If you are a child under 18, please do not attempt to register for Honey’s products or send any personal information to us. Learn More   Changes to this policy We will continue to update our policies and practices as needed. We will notify you of any changes to our Privacy Policy by posting any changes here. If we do, you’ll see that the date at the top of this Privacy Policy has changed. How to contact us If you have any questions about our privacy policies and practice, please contact us at privacy@joinhoney.com. Or you can write us a letter (fancy!) at: Honey Science LLC Attn: Privacy 963 E. 4th Street Los Angeles, CA 90013 PRODA terms and conditions Provider Digital Access (PRODA) is an online identity verification and authentication system that lets you securely access a range of government online services for providers. About these Terms and Conditions 1. In these Terms and Conditions: 1. "you" or "your" is a reference to the user agreeing to these Terms and Conditions and all parties acting on the user's behalf; 2. "we", "our" or "us" is a reference to the Commonwealth of Australia represented by Services Australia or its successors; and 3. "Terms and Conditions" means these terms and conditions set out in clauses 1 to 26 as amended from time to time in accordance with clause 2; 2. These Terms and Conditions govern your enrolment for a Digital Credential, your use of your Digital Credential, your use of the PRODA code generator (the "PRODA code generator"), your acess to and use of the System and your use of your Digital Identity Credential to access the System. 3. We may from time to time make arrangements with another Commonwealth Agency or third party (“Other Agency”) to allow you to conduct transactions electronically with that Other Agency using your Digital Credential or Digital Identity Credential. 4. Your access to the System may be facilitated by third party services or software, and we may require, enable or facilitate access to third party services or software. You are responsible for complying with any terms of any such third party service provider, including where the provider is a participant in the TDIF. Without limiting clause 19, to the extent permitted by law, we are not liable to you for any damage or loss arising in connection with your access to the Service, either directly or through a third party provider. We will not be responsible for any fees charged by any third party provider (including any participant in the TDIF) you use to access the Service. 5. We, and not Google Inc ("Google") / Apple Inc ("Apple") or any other person, are solely responsible for the PRODA code generator and its content. 6. Please read these Terms and Conditions carefully. You agree: 1. to conduct transactions electronically with us and Other Agencies using your Digital Credential or Digital Identity Credential; 2. to be bound by these Terms and Conditions every time you use the System, whether you access the System through these Terms and Conditions by beginning the registration process acknowledging that you accept these Terms and Conditions, clicking the "Register now" button and submitting this document or whether you access the System through other web pages or using your Digital Credential; 3. to be bound by these Terms and Conditions by beginning the registration process acknowledging that you accept these Terms and Conditions, clicking the "Register now" button and submitting this document or taking steps to install and use the PRODA code generator on your Android / Apple device (including iPhone, iPad or iPod touch or other Apple device) ("Device"); and 4. that the PRODA code generator and System access is provided to you by us (and our third party suppliers) in consideration of your agreement to these Terms and Conditions and your use, installation, and, in the case of any modification or redistribution of the PRODA code generator or underlying software, or use of your Digital Credential to access the System, constitutes acceptance of these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use, install, modify or redistribute the PRODA code generator or use your Digital Credential or Digital Identity Credential to access the System. 7. These Terms and Conditions including the Usage Rules (defined below) and the Digital Identity Terms constitute the entire agreement between you and us in connection with the System, your Digital Credential, the PRODA code generator and your Digital Identity Terms. However, these Terms and Conditions do not affect any agreement you may have with Google / Apple including your agreement to the Usage Rules (defined below). You must also comply with any applicable third party terms and conditions when using the PRODA code generator and your Digital Identity Credential. 8. We agree to provide you with a Digital Credential and make the System and the PRODA code generator available to you, following authentication of your Digital Credential or Digital Identity Credential in accordance with these Terms and Conditions. You should note that Open Source Software is also included in the PRODA code generator. Changes to Terms and Conditions 1. You agree: 1. that we may change or add to these Terms and Conditions at any time, by giving you notice, which may be provided electronically; 2. that a message sent to your email address (as held in our records) or by notice published on our website at http://www.servicesaustralia.gov.au/health-professionals/services/medicare/proda is one way of giving you notice electronically; 3. that if you do not agree to the amendments, you (as your sole remedy) should cease to use the System and PRODA code generator and remove the PRODA Code Generator from your Device; 4. that if you access or use the System or the PRODA code generator after you have been notified of a change or addition to these Terms and Conditions, you will be taken to have agreed to that change or addition in respect of all access to and use of the System or the PRODA code generator after that date; and 5. that these Terms and Conditions may not be changed orally or by conduct by any person. Compliance 1. You agree to comply with these Terms and Conditions in relation to your use of the System, your Digital Credential and the PRODA code generator, and your use of your Digital Identity Credential to access the System. 2. If you use your Digital Credential or Digital Identity Credential to conduct electronic transactions with Other Agencies, you agree that: 1. you will comply with these Terms and Conditions when conducting those transactions; and 2. those transactions may be governed by the terms of use that apply to the system on which those transactions are conducted, but those terms of use do not affect your obligation to comply with these Terms and Conditions, the Usage Rules. 3. You agree to comply with Google's / Apple's privacy policies (see clause 12). An Other Agency may also have additional or different privacy policies that apply to you when you conduct transactions electronically with that agency using your Digital Credential or Digital Identity. Those additional or different privacy policies do not affect your obligation to comply with this clause 3. 4. If you use your Digital Identity Credential to access the System, you agree to comply with the Digital Identity Terms. Your access and use of the Service must be consistent with the TDIF. 5. You must not assign or sub-licence any rights or novate your obligations under these Terms and Conditions. However, you do have the right to use, free of charge, any Open Source Software and associated documentation files to deal in the Open Source Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Open Source Software, and to permit persons to whom the Open Source Software is provided to do so. 6. If any part of these Terms and Conditions are illegal or unenforceable, we may remove that part from these Terms and Conditions and the remaining parts will continue in force. 7. These Terms and Conditions are intended to be consistent with the terms of use required under the TDIF. We may update these Terms and Conditions if any inconsistency is identified. Accuracy of information and representations and false or misleading information 1. You understand that: 1. giving false or misleading information is a serious offence under the Criminal Code Act 1995 (Cth); 2. we regularly undertake audits of access to, and use of, the System; and 3. if we become aware of the provision of false or misleading information or any fraudulent activity in connection with your Secure Access Details (defined below) or the System, to the extent permitted by law, the Commonwealth will pursue the relevant person(s). 2. You agree: 1. that all information you provide, and representations you make, to us are true, complete and accurate; 2. that we are not liable for the accuracy of any information provided, or representations made, by you or for any action taken by us in reliance on that information or those representations where you do not provide information that is true and correct in all respects; 3. that you must not provide false or misleading information and that doing so may result in prosecution and civil or criminal penalties; and 4. to notify us promptly in the event that you consider any information provided, or representation made by you: 1. needs to be updated, including your email address as held in our records; or 2. is or may be incorrect or misleading. Use of your Personal Information for Enrolment and verification for a Digital Credential 1. You understand and agree that we may collect, use and disclose your personal information as set out in the PRODA – Privacy Notice. 2. You understand and agree that we may collect, use and disclose your personal information, including personal information forming part of your Digital Identity and Digital Identity Credential, in the manner contemplated by the TDIF. 3. From time to time, we may: 1. request that you provide updated Individual Verification Information; and 2. undertake a revised Individual Verification Process. Creation of an Organisation Record 1. If you are the Authorised Responsible Officer of an organisation, you may register that organisation in the System by providing the name of the organisation (as listed on the Australian Business Register), the Registered Email Address of the organisation and the ABN of the organisation (“Organisation Verification Information”). 2. Once you have provided the Organisation Verification Information we will undertake an Organisation Verification Process. 3. Once the Organisation Verification Process is complete, we will: 1. notify you of the outcome of the Organisation Verification Process; 2. if the outcome of the Organisation Verification Process is that we accept the validity of the Organisation Verification Information - advise you of this; 3. if the outcome of the Organisation Verification Process is that we do not accept the validity of the Organisation Verification Information - advise you of this and of alternative steps that you may take; and 4. retain a copy of your Organisation Verification Information, as well as a record stating the outcome of the Organisation Verification Process. 4. From time to time, we may: 1. request that you provide updated Organisation Verification Information; and 2. undertake a revised Organisation Verification Process. 5. You consent: 1. to providing the Organisation Verification Information to us; 2. to us undertaking the Organisation Verification Process; 3. to us retaining a copy of the Organisation Verification Information; and 4. to us assigning your organisation with a PRODA RA Number and creating an Organisation Record for your organisation. Organisation Delegations 1. If you are the Authorised Responsible Officer for an organisation that has an Organisation Record in the System, you may nominate Delegates for your Organisation Record in the System. 2. If you are an Authorised Responsible Officer or a Delegate for an Organisation, you may nominate Personnel of the organisation in the System. 3. If you are a Delegate or a Personnel , you agree to provide your PRODA RA Number, full name, date of birth and gender to the Authorised Responsible Officer or Delegate of the organisation (as appropriate) for the purposes of creating Delegations in the System. 4. If you are the Authorised Responsible Officer for your organisation, you agree that you are responsible for: 1. managing Delegations including updating Delegations to reflect changes in your organisation’s structure; 2. changing the details of Delegates in the System and/or removing Delegations for individuals who no longer require access to the Organisation Record for your organisation; 3. notifying us of any changes to the Organisation Verification Information or information in relation to Delegations; 4. any changes made to your Organisation Record by you or your organisation’s Delegates; and 5. obtaining consent from the individual to nominate that individual as a Delegate or Personnel for your organisation prior to nominating them as a Delegate or Personnel for your organisation. Terms of use of the System 1. You agree: 1. subject to any law to the contrary, the System is provided on an "as is" and "as available" basis; 2. we do not give any warranty of any kind, express or implied or make any representation in relation to all or any part of the System, as to its or their availability, performance, security or fitness for a particular purpose and in respect of the availability, accuracy, completeness or correctness of any information, and to the full extent permitted by law all statutory warranties are excluded; 3. that any use of the System using your Digital Credential or Digital Identity Credential is taken to be a use of the System by you; 4. that we may monitor your access to the System; 5. that you are responsible for your use of the System, including any information you provide to us, and will use the System in compliance with all applicable laws; 6. that we will use reasonable efforts to protect information submitted by you in connection with the System (but this does not extend to any information submitted by you to an Other Agency using your Secure Access Details), but you agree that your submission of such information is at your sole risk, and we disclaim any and all liability to you for any loss or liability relating to such information in any way; and 7. that your PRODA RA Number, full name, date of birth, gender and Registered Email Address, and/or your organisation’s name, ABN and PRODA RA Number, may be provided to an Other Agency for the purpose of accessing the systems of that Other Agency. Terms of use of the PRODA code generator 1. Without limiting any Open Source Licence rights you may have, you cannot use the PRODA code generator for commercial purposes (including sale, renting or leasing of it) but you may use your Digital Credential or Digital Identity Credential for the purpose of carrying out transactions with us or Other Agencies which are for business purposes. 2. Subject to any law to the contrary, the PRODA code generator is provided on an "as is" and “as available” basis. We do not give any warranty of any kind, express or implied, or make any representation in relation to all or any part of the System, as to its or their availability, performance, security or fitness for a particular purpose and in respect of the availability, accuracy, completeness or correctness of any information, and to the full extent permitted by law all statutory warranties are excluded. 3. We grant you a non-transferable, non-exclusive, revocable licence to perform, display, and use the PRODA code generator on your Device. This is a limited licence, and all other rights are reserved to us. 4. You agree that we own all intellectual property rights in the PRODA code generator or use the PRODA code generator under licence from a third party. 5. Your use of, and access to, the PRODA code generator is subject to your agreement to the "Usage Rules" which are: 1. For Google, the Google Terms of Service (see http://www.google.com/intl/en/policies/terms/), the Google Play Terms of Service (see https://play.google.com/intl/en_au/about/play-terms.html) and the Google Play Business and Program Policies (see http://play.google.com/about/android-developer-policies.html) in place from time to time; 2. For Apple, subject to clause 9.5(c), all applicable usage rules specified at www.apple.com/legal/itunes/au/terms.html#APPS; and 3. For Open Source Software, the terms and conditions referred to at clause 25. 6. The licence does not allow: 1. use of the PRODA code generator on anything other than a Device that you own or control, except as provided for in the Usage Rules; 2. use of the PRODA code generator where that use would breach clause 9.1; 3. use of the PRODA code generator contrary to the Usage Rules (for Google, you should note in particular paragraph 6 of the Google Play Terms of Service); 4. altering, modifying or reverse engineering any element of the PRODA code generator; 5. copying or extracting information from the PRODA code generator and separately distributing that information (unless allowed under an Open Source Licence, but you must comply with any conditions under the Open Source Licence); 6. the use of any of the trade names, trademarks, service marks, product names, logos, domain names, design layouts and other distinctive brand features in the PRODA code generator, except as required to describe the origin of the Work or to reproduce the content of the notice file in relation to Open Source Software (please see clause 25); 7. regarding Apple, the license does not allow the name, trademarks, service marks or logos of Apple to be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in these Terms and Conditions, no other rights or licenses, express or implied are granted by Apple herein, including but not limited to any patent rights that may be infringed by your Derivative Works or by other Works in which the Apple Software may be incorporated; and 8. removing, obscuring or altering any legal notices displayed in the PRODA code generator. 7. If any of these Terms and Conditions conflict with the Usage Rules then the Usage Rules, and not these Terms and Conditions, apply to the extent of any such conflict. Restrictions on the use of the PRODA code generator 1. You must not use or otherwise export or re-export the PRODA code generator except as authorised by United States law and the laws of the Australian Capital Territory. In particular, but without limitation, the PRODA code generator may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the PRODA code generator, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. 2. You must not attempt to circumvent, disable or defeat any of the security features or components that protect the PRODA code generator and you must not assist, authorise or encourage others to do so. 3. You must not use the PRODA code generator to infringe any law, regulation, order or legislative instrument or to commit fraud or another offence. You acknowledge that if we suspect such use we may provide your Personal Information to any relevant law enforcement agency. 4. You acknowledge that Google / Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the PRODA code generator. Use of Non-Personal Information 1. Both we and Google / Apple (including any partners and licensees) may collect, share and use technical data and related information, including information about your Device, use of Google / Apple services and the PRODA code generator to provide and maintain the PRODA code generator, and to facilitate the provision of updates, and provide, maintain, protect and improve Google Play and other Google services / Apple services and develop new services. You agree that this information can be collected, shared and used as long as it does not personally identify you. 2. To provide location-based services in the PRODA code generator we, Google / Apple and Google's / Apple's partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your Device. This data is collected anonymously in a form that does not personally identify you and is used by us, Google / Apple and Google's / Apple's partners and licensees to provide and improve location-based products and services. Personal Information 1. Google has a Privacy Policy which includes details of the information it collects, and how it collects and uses that information. The Privacy Policy is subject to change, and it can be viewed at http://www.google.com.au/intl/en/policies/privacy/. 2. Apple has a Privacy Policy which includes details of the information it collects, and how it collects and uses that information. The Privacy Policy is subject to change, and it can be viewed at http://www.apple.com/au/privacy/. 3. You consent to us using your information, including personal information, as required by the TDIF, including to detect, manage and investigate fraud. Intellectual Property 1. The PRODA code generator (including software) and the System and the information contained within them is subject to intellectual property rights including copyright. You must not use, reproduce, amend or alter intellectual property rights in the PRODA code generator (including software) and the System. 2. Unless stated otherwise, the content (including text, graphics, logos, icons, images, video and audio clips and any other form of information or content and design elements) is owned by the Commonwealth or used by the Commonwealth under licence from a third party. Your use of the PRODA code generator and System is by way of a non-exclusive licence as set out in these Terms and Conditions and in no way transfers or assigns ownership in any intellectual property rights (including copyright) to you. All title, rights and interest in and to our intellectual property, including any modifications, corrections or enhancements thereto, will remain vested in us, in accordance with the TDIF. 3. Regarding Google, where the Android robot logo or other material from the Android Open Source Project is used in the PRODA code generator it is reproduced from work created and shared by the Android Open Source Project and used according to terms described in the Creative Commons 2.5 Attribution License. 4. With respect to Open Source Software only and subject to any terms and conditions under Open Source Licences, we hereby grant to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 5. You are liable for breaches of intellectual property caused by your use of the Service or the PRODA code generator other than in accordance with these Terms and Conditions or the TDIF. Security 1. You agree: 1. to keep: 1. your Digital Credential; 2. your Digital Identity Credential; 3. your PRODA RA Number or your organisation’s PRODA RA Number; 4. your System secret questions and answers; 5. your user identification and passwords and secret questions and answers for the PRODA code generator; and 6. any other security details for your access to the System, (together, your "Secure Access Details") confidential and secure at all times, except where you are required to provide your Secure Access Details to an Other Agency: 1. for the purpose of accessing the systems of that Other Agency or 2. in accordance with these Terms and Conditions; 2. to take all necessary precautions to prevent loss, disclosure, modification, or unauthorised use of your Secure Access Details; 3. where required, to change your System password(s) regularly and when prompted by the System and/or us; 4. to not permit any other person to use your Secure Access Details except in accordance with these Terms and Conditions; and 5. that you must ensure that you have appropriate business and security controls in place to ensure all claims, forms and other documentation submitted to us, whether using the System or otherwise, are appropriately authorised; and 6. to comply with security requirements or instructions we provide to you. 2. You will be responsible for all access to, and use of, the PRODA code generator or System undertaken on your Device with your user identification and password. Notification to us 1. You agree to immediately notify us in writing in the event: 1. of the possible loss or theft of any of your Secure Access Details; 2. of the possible loss or theft of your Device; 3. that you consider or suspect that any of your Secure Access Details are compromised in any way; 4. that you become aware of or suspect that an unauthorised person: 1. has accessed the System or the PRODA code generator; or 2. has submitted claims, forms or other documentation to us or to an Other Agency using your Secure Access Details; or 5. that you become aware of or suspect any identity theft, impersonation or any other fraudulent activity in connection with your Secure Access Details, the System, the PRODA code generator or any system of an Other Agency that you access using your Secure Access Details. Accessibility 1. You agree: 1. that we may from time to time change our technical requirements in relation to the use of the System, which may require you to: 1. change your Secure Access Details; or 2. upgrade your software / browser; and 2. that your access to the System or the PRODA code generator depends on services provided by telecommunications and internet service providers, and other external factors, and that we cannot guarantee the availability of the System or the PRODA code generator. Changes to the System 1. You agree: 1. that we may make changes to the System at any time, with or without notice to you; 2. that we may notify you of changes to the System through information and notices available to you when you access the System; 3. that you are responsible for regularly accessing notices and information provided by us through the System; and 4. that in the future, we may make changes to the System to link you (being an individual) to: 1. one or more health provider organisations (if applicable); or 2. Other Agencies (if applicable) 5. with corresponding changes to these Terms and Conditions in accordance with clause 2. Changes to the PRODA code generator 1. We may, in our sole discretion, change, add, supplement or remove any of the functionality of the PRODA code generator ("Upgrade") with or without notice to you. If we do, these Terms and Conditions will govern any Upgrade to the PRODA code generator unless we notify you of replacement terms in which case those terms will apply for that Upgrade. Every time you access and/or use the PRODA code generator you will be accepting these Terms and Conditions of use, which will include your acceptance of any changes to these Terms and Conditions of use that have been notified to you by us. 2. We may make changes to the PRODA code generator at any time, with or without notice to you. 3. We may notify you of changes to the PRODA code generator through information and notices available to you when you access the PRODA code generator. 4. You agree that any Upgrades or changes to the PRODA code generator may require you to update the PRODA code generator. You agree to download any updates to the PRODA code generator that are available from Google Play / Apple. Liability 1. You agree: 1. that you are responsible for any damage to your computer, systems, software or Device caused by any Harmful Code, corruption, attack, interference or other security intrusion; and 2. that to the maximum extent permitted by law: 1. we make no warranty, express or implied, that the information included in or accessed through the System or the PRODA code generator is correct or current; 2. the PRODA code generator is provided on an 'as is' and 'as available' basis. We make no representations or warranties that the PRODA code generator will be free from loss, corruption, attack, Harmful Code, interference or other security intrusion, or will be uninterrupted, error free, fit for purpose, that any defects with the PRODA code generator will be rectified or that the PRODA code generator will not have unintended effects on the operation of your Device; and 3. we (and our employees and agents) and any relevant Other Agency exclude any and all liability we (or they) may have at law, including in contract, tort (including negligence), under statute or otherwise, to you or anyone acting on your behalf for any claims, costs, losses, liabilities, expenses or damage("Losses"), whether direct, indirect or consequential, incidental, punitive, special or otherwise (including, without limitation, costs concerning loss of data, communication costs, support costs, software acquisition or other procurement of substitute goods or services costs, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial Losses including Losses associated with the System or PRODA code generator being from time to time inoperative or inaccessible), arising from or in connection with: 1. your access to or use of or other dealings in, or anyone on your behalf's access to or use of or other dealings in, the System; 2. your access to or use of or other dealings in, or anyone on your behalf's access to or use of or other dealings in, the PRODA code generator; 3. your use of, or anyone on your behalf's use of, your Secure Access Details in relation to the System, or the systems of Other Agencies; 4. your creation or use of, or anyone on your behalf’s use or creation of, an Organisation Record or PRODA RA Number for an organisation; 5. your creation or management of, or anyone on your behalf’s creation or management of, Delegations in relation to an Organisation Record, including your failure to remove Delegations for individuals who should no longer have access to the Organisation Record; 6. any failure to access the systems of Other Agencies using your Secure Access Details; 7. any transaction between you and an Other Agency which is facilitated using a code generated by the PRODA code generator; 8. errors or omissions in content; 9. incorrect information provided to you; 10. your failure to comply with these Terms and Conditions; 11. our termination or suspension or your access to the System or the PRODA code generator; 12. termination or suspension of your access to a system of an Other Agency using your Secure Access Details; 13. your loss or disclosure of your Secure Access Details; 14. the performance of the System or any part of the System; 15. the System being altered or modified or not being available; and 16. any Open Source Software used in the PRODA code generator including any reproduction or modification of the Open Source Software. 2. We will hold the benefits of the exclusion of liability under clause 19.1 that accrue to any Other Agency, on trust for that Other Agency. 3. You agree to indemnify, defend, and hold us harmless for any liability incurred by, or claims asserted against, us. 4. You agree that by approving a particular version of a software product, we are not representing that the product is suitable for any purpose or that the product meets any quality standards. 5. Regarding the PRODA code generator: 1. We have used our reasonable endeavours to ensure that the information provided by the PRODA code generator is correct and current at the time of uploading to Google Play / Apple. You must regularly check for any updates to the PRODA code generator that are available from Google Play / Apple. 2. We will use reasonable endeavours to protect information submitted by you in connection with the PRODA code generator, but you agree that your submission of such information is at your sole risk, and in accordance with this clause 19 we, and any relevant Other Agency, disclaim any and all liability to you for any loss or liability relating to such information in any way. 3. You acknowledge that we, and not Google / Apple, are responsible for addressing any claims you or any third party may have relating to the PRODA code generator or your possession and/or use of that PRODA code generator including, but not limited to: product liability claims, any claim that the PRODA code generator fails to conform to any applicable legal or regulatory requirement and any claims arising under consumer protection or similar legislation. 4. In the event of any failure of the PRODA code generator to conform to any applicable warranty, you may notify: 1. Google, within 48 hours after purchase of the PRODA code generator, that you require a refund of the price paid (if any) for the PRODA code generator and Google will refund the purchase price for the PRODA code generator (if any) but will have no other warranty whatsoever with respect to the PRODA code generator; or 2. Apple, and Apple will refund the purchase price for the PRODA code generator (if any) but will have no other warranty whatsoever with respect to the PRODA code generator and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to these Terms and Conditions). 5. Regarding Apple, you agree that by downloading and using the PRODA code generator, you agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms and Conditions, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary. Restriction, suspension and termination 1. You agree: 1. that we may at any time, at our absolute discretion, restrict, suspend or terminate these Terms and Conditions, your access to the System, your use of your Secure Access Details or your Organisation Record, or your right to access, use or reinstall the PRODA code generator, including: 1. because we reasonably believe that you have breached these Terms and Conditions; 2. because we reasonably believe that your Secure Access Details have been used to perform an unauthorised transaction (including an unauthorised transaction with an Other Agency); 3. because you are no longer eligible to access the System; 4. because an Other Agency has requested us to do so; or 5. for any other reason; 2. that either party may terminate these Terms and Conditions at any time by giving written notice to the other party ("Date of Termination"). You understand that you will not be able to use the System (or any system of an Other Agency that was accessed by you using your Secure Access Details) after termination. If we notify you that we have terminated these Terms and Conditions, you must stop using the PRODA code generator and promptly remove it from your Device; and 3. that if these Terms and Conditions are terminated, your obligations under these Terms and Conditions will continue in respect of any use of the System or the PRODA code generator before the Date of Termination, and our rights to recover any debt owing will also continue. Jurisdiction 1. These Terms and Conditions are issued under and are to be construed in accordance with the laws in force from time to time in the Australian Capital Territory. All parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and courts of appeal from them. Neither party will object to the exercise of jurisdiction by those courts on any basis. Rule of Construction 1. No rule of construction will apply in the interpretation of these Terms and Conditions to the disadvantage of us on the basis that that party put forward or drafted these Terms and Conditions or any part of these Terms and Conditions. Contact Information 1. If you have any questions about these Terms and Conditions or the PRODA code generator, wish to make a complaint with respect to the PRODA code generator, or need further information, please refer to the Contact Us screen in the PRODA code generator or access http://www.servicesaustralia.gov.au/customer/contact-us/. Definitions and interpretation 1. In these Terms and Conditions, a reference to: 1. "Authorised Responsible Officer" means the individual listed as the Director or other responsible officer of an organisation on the Australian Business Register or the ASIC Company Register; 2. "ABN" means Australian Business Number; 3. "Commonwealth Agency" means any corporate or non-corporate Commonwealth entity as defined under the Public Governance, Performance and Accountability Act 2013 (Cth); 4. "Delegate" means a person nominated by the Authorised Responsible Officer for an organisation for the purposes of clause 7; 5. "Delegation" means the process by which the Authorised Responsible Officer for an organisation nominates Delegates in accordance with clause 7; 6. "Digital Credential" means a unique PRODA digital credential assigned to an individual, for access to certain systems of ours and Other Agencies (where applicable), comprised of a username and password(s); 7. "Digital Identity" means a set of attributes about a person that uniquely describes the person engaged in an online transaction under the TDIF identity ecosystem; 8. "Digital Identity Credential" means a unique authentication credential assigned to an individual under the TDIF identity ecosystem, that (once authenticated) is taken as proof that the subject owns the Digital Identity being presented and that the subject is permitted to access the resources and services associated with their Digital Identity; 9. "Digital Identity Terms" means the terms of use applicable to the Digital Identity Credential from time to time, consistent with the TDIF; 10. "DVS" means the Commonwealth Document Verification Service; 11. "Derivative Works" means any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof; 12. "Harmful Code" means any software or code that is designed to infiltrate a device, computer or system without a user's informed consent, such as malware, virus, hacking tools and Trojans, irrespective of the origin; 13. "Individual Verification Information" means any of the information (which may include your Personal Information) that you provide in order to apply for access to the System; 14. "Individual Verification Process" means the verification process undertaken by us when you apply to access the System; 15. "Issuer" means the agency that issues the Verification Documents and may receive requests to verify those documents; 16. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types; 17. "Official Record Holder" means the agency that holds the Verification Information, and may or may not be the Issuer; 18. "Open Source Licence" means a licence which complies with the Open Source Definition; the licence allows software to be freely used, modified and shared (source: http://opensource.org/licenses); 19. "Open Source Software" means software whose source code is available for modification or enhancement by anyone (source: http://opensource.com/resources/what-open-source); 20. "Organisation Record" means the account created when an Authorised Responsible Officer for an organisation registers their organisation in the System in accordance with clause 6; 21. "Organisation Verification Information" means any of the information that you provide in accordance with clause 6.1; 22. "Organisation Verification Process" means the verification processes undertaken by us when you apply to create an Organisation Record in the System; 23. "Other Agency" has the meaning given in clause 1.3 24. "Personal Information" has the same meaning as under section 6(1) of the Privacy Act 1988 (Cth) which is, information or an opinion about an identified individual, or an individual who is reasonably identifiable: 1. whether the information or opinion is true or not; and 2. whether the information or opinion is recorded in a material form or not; 25. "Personnel" means a person who has been nominated by an Authorised Responsible Officer or Delegate for the purposes of clause 7; 26. "PRODA" means the Provider Digital Access; 27. "PRODA – Privacy Notice" means the notice that appears on the registration page of the System which outlines how we will use your Personal Information; 28. "PRODA Registration Authority (RA) Number" means the unique identification number assigned to each individual or organisation upon successful completion of the Individual Verification Process or Organisation Verification Process; 29. "Registered Email Address" means the email address provided by you when you request access to the System or create an Organisation Record; 30. "Secure Access Details" has the meaning given in clause 14.1(a); 31. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files; 32. "System" means PRODA; 33. "TDIF" means the Trusted Digital Identity Framework; 34. "Terms and Conditions" means these terms and conditions set out in clauses 1 to 26, as amended from time to time in accordance with clause 2; 35. “Trusted Digital Identity Framework” is a set of rules and standards that accredited members of the digital identity federation must follow (source: https://www.dta.gov.au/our-projects/digital-identity/join-identity-federation/accreditation-and-onboarding/trusted-digital-identity-framework); 36. "Work" means the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work. 2. In these Terms and Conditions: 1. headings are for convenience only, and do not affect interpretation; 2. a singular word includes the plural, and vice versa; 3. a reference to a clause is to a clause in these Terms and Conditions; and 4. the meaning of general words is not limited by specific examples introduced by "including", "for example" or similar expressions. Open Source Software Licences 1. The following Open Source Software is used in the PRODA code generator. Links to the various Open Source Software licences and are set out below. The links also identify the relevant Open Source Software permission notices. 1. iOS 1. AFNetworking:
Version: 2.5.3
Date: 27/4/2015
Licence: https://github.com/AFNetworking/AFNetworking/blob/2.5.3/LICENSE 
Copyright (c) 2013-2015 AFNetworking (http://afnetworking.com) 2. AFOAuth2Manager:
Version: 2.2
Date: 27/4/2015
Licence: https://github.com/AFNetworking/AFOAuth2Manager/blob/2.2.0/LICENSE 
Copyright (c) 2011-2014 AFNetworking (http://afnetworking.com) 3. Generic Key Chain Wrapper:
Version: 1.2
Date: 5/2/2015 
Licence: https://gist.github.com/dhoerl/1170641 
Copyright (C) 2010 Apple Inc. All Rights Reserved 4. Google Authenticator:
Version: d6a7bbfc186687cc80fd9dfd43fd8043ce63ab5d 
Date: 5/2/2015
Licence: http://www.apache.org/licenses/LICENSE-2.0 
Copyright 2011 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a License at http://www.apache.org/licenses/LICENSE-2.0 5. RKDropdownAlert:
Version: 0.2.0
Date: 10/4/2015
Licence: https://github.com/cwRichardKim/RKDropdownAlert/blob/0.2.0/LICENSE 
Copyright (c) 2014 Choong-Won Richard Kim 6. THPinViewController:
Version: 1.2.4
Date: 23/2/2015 
Licence: https://github.com/nilsgrabenhorst/THPinViewController/blob/1.2.4/license.txt 
Copyright (C) 2014 by Thomas He 7. UIApplication+NetworkActivityIndicatorManager:
Version: Not specified 
Date: 27/4/15
Licence: http://opensource.org/licenses/mit-license.html 
Copyright 2010 Aral balkan 2. Android 1. Android Pin View:
https://github.com/chinloong/Android-PinView/tree/08486824d1326453de3fa3fac0326543edd7dc87 
Version: 08486824d1326453de3fa3fac0326543edd7dc87 
Date: 15/6/2015
Licence: http://opensource.org/licenses/mit-license.html
Copyright (C) 2015 chinloong 2. Android Lock Pattern:
Version: 3.2.1 Beta
Date: 12/3/2015 
Licence: http://www.apache.org/licenses/LICENSE-2.0 
Copyright 2012 Hai Bison
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a License at http://www.apache.org/licenses/LICENSE-2. 3. Google Authenticator:
Version: 2.21
Date: 27/4/2015 
Licence: http://www.apache.org/licenses/LICENSE-2.0 
Copyright 2010 Google Inc
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a License at http://www.apache.org/licenses/LICENSE-2.0 Declaration 1. By beginning the registration process you acknowledge that you accept these Terms and Conditions, and you declare that: 1. you have the authority to agree to and submit to these Terms and Conditions and to commence the registration process; 2. the information provided by you is true, complete and correct; 3. you have read and understood the Terms and Conditions as outlined in clauses 1 to 26; 4. you have read and agree to comply with Google's privacy policy in clause 12.1 or Apple's privacy policy in clause 12.2, as appropriate; and 5. you are the individual that you assert to be. Health Provider Online Service Terms and Conditions As a user of HPOS, you must: * use HPOS securely and for a proper purpose; * comply with all laws and policies; * report breaches; and * keep information up to date. These HPOS Terms of Use also contain important information about how HPOS works, which you are bound by. Words that have a special meaning are defined in the glossary at the end. The laws of the Australian Capital Territory apply to these HPOS Terms of Use. 1. Accessing HPOS HPOS is a service provided by Services Australia (the agency). The agency gives you permission (in the form of a non-transferable, non-exclusive, revocable licence) to use HPOS so long as you comply with these HPOS Terms of Use. Your use of HPOS in no way transfers or assigns ownership in any intellecllectual property rights (including copyright) to you. The agency may change these HPOS Terms of Use from time to time. If this happens, you will be notified electronically. If you do not agree with these HPOS Terms of Use or cannot comply with them, you should stop using HPOS. If the agency finds that you have failed to comply with these HPOS Terms of Use, your access to HPOS may be restricted, suspended, or revoked. In some instances, it is possible you could face civil or criminal penalties. An end to your HPOS access does not release you from any liability or penalty you may have incurred arising from or in connection with your access or use of HPOS. Your use of HPOS is at your own risk. 2. Use HPOS securely and for a proper purpose The agency may monitor your use of HPOS. You must: * only access information in HPOS about a person with the person's consent and for claiming purposes only; * keep information that you obtain through HPOS secure and confidential at all times; * keep your Secure Access Details for HPOS secure and confidential at all times; and * follow all security prompts and notifications displayed in HPOS (e.g. change your password regularly). You must not: * share your Secure Access Details with anyone; * allow an Unauthorised Person to access HPOS; * give false or misleading information in HPOS or to the agency; * copy, extract, keep, publish, or share information you obtain through HPOS outside the course of your duties as, or on behalf of, a healthcare provider; * introduce any Harmful Code to HPOS; * use any software (like bots, scraper tools etc.) to access, monitor or copy HPOS or its contents; * damage or destroy, or allow any other person to damage or destroy information in HPOS; or * leave the device you use to access HPOS unsecured. If you are a Provider who delegates to other users to perform tasks in HPOS on your behalf, you must do so responsibly and appropriately. If you are using the Find a Patient service, you must first obtain the patient's consent and use the service for claiming purposes only. You must also agree to maintain the confidentiality of the information you obtain using this service. 3. Comply with all laws and policies Your use of HPOS is also governed by laws and government policies. Failure to take reasonable steps to protect HPOS information from misuse, interference and loss, and from unauthorised access, modification or disclosure is a serious offence under the Privacy Act 1988 (Cth). Giving false or misleading information to the agency is a serious offence under the Criminal Code Act 1995 (Cth). Unauthorised collection, use, or disclosure of information protected by the National Health Act 1953 (Cth), Health Insurance Act 1973 (Cth), My Health Records Act 2012 (Cth), Australian Immunisation Register Act 2015 (Cth), or Privacy Act 1988 (Cth) is a serious offence. If you use HPOS for the Australian Immunisation Register, you must be a recognised vaccination provider or a prescribed body for the purposes of the Australian Immunisation Register Act 2015 (Cth). If you use HPOS for DVA Webclaims, you must not charge the patient for the service. Please note that DVA Webclaims cannot be submitted between 11.45PM and 5.00AM Australian Eastern Standard Time. Each service or program you are authorised to access through HPOS has its own policies. You must comply with those policies as well. 4. Report breaches Let us know as soon as possible and change your password immediately (if possible) if you suspect that: * your Secure Access Details for HPOS are lost, stolen, or compromised in any way; * an Unauthorised Person has accessed HPOS; * there is fraudulent activity using your Secure Access Details * a user has breached, or may soon breach their obligations under these HPOS Terms of Use; * there is, or may be, a breach of the Privacy Act 1988; or there is or may soon be, a security breach or cyber-attack on HPOS. 5. Keep information up to date You should update any information you provide in HPOS as soon as possible, including your contact and bank details. The agency relies on information you provide through HPOS and treats it in the same way as information you provide on paper or in person. You are required by law to ensure that all information you provide is true, complete, and accurate. 6. Important information about how HPOS works HPOS Mail Centre Some programs and services in HPOS will use the HPOS Mail Centre to send all messages to you electronically. Other programs and services in HPOS give you an option to receive messages in other ways (e.g. by post). If you choose to receive messages for those programs and services through the HPOS Mail Centre, you will need to opt-in. If you later change your mind, you will then have to opt-out which may take up to 13 weeks to take effect. In the meantime, HPOS may continue to send messages to you through the HPOS Mail Centre. Errors and interruptions The agency cannot guarantee that HPOS and the information it contains are error free, or that access to HPOS is always uninterrupted. Your HPOS access will also depend on your telecommunications and internet service provider and other factors outside the agency's control. HPOS and the technology needed to use HPOS may change from time to time. The agency will notify you if that happens. You will need to follow instructions from the agency for your HPOS access to continue. You should check any messages from HPOS to you regularly and often. Disclaimer To the maximum extent permitted by law, the agency disclaims liability for any Loss, to you or to others, arising from or in connection with any of the following events: * your failure to comply with these HPOS Terms of Use; * your access or use of HPOS; * damage or destruction of your device (e.g. phone, computer, or tablet), systems, or software; * an interruption, restriction, suspension, revocation, change, or end to your HPOS access; * messages from HPOS or the agency not being delivered to you on time or at all; * information in HPOS from any source being inaccurate, incomplete, incorrect, outdated, missing, or not fit for purpose; * a security breach in HPOS; * a loss of data in HPOS; or * HPOS or the agency infringing the rights of anyone. 7. Glossary DVA Webclaims allows the submission of bulk bill and patient claims using HPOS in relation to programs managed by the Department of Veterans' Affairs. Harmful Code is any virus, malware, disabling or malicious device or code, worm, Trojan, time bomb, hacking tool, or other harmful or destructive code. HPOS means the Health Professional Online Services. HPOS Mail Centre is an electronic messaging system that you can only access through HPOS. It is used by HPOS to communicate with you. Loss means any loss, damage, cost, claim, liability, or expense, to a person or to property, whether direct, indirect, consequential, punitive, special, remote, abnormal, foreseeable, or unforeseeable, including without limitation: loss of profits, revenue, use, or data; loss or denial of opportunity; communication or support costs; and legal costs whether incurred by or awarded against a party. Provider means an individual or entity authorised by the agency to use HPOS as a registered provider of healthcare and related services, such as an individual or entity registered on the Australian Health Practitioner Regulation Agency Register of Practitioners. Secure Access Details are any and all information you need to access HPOS, including but not limited to: login details; passwords; passphrases; secret questions and answers; electronic keys or certificates; digital credentials; and codes generated by or communicated to tokens, your phone, or other electronic device. Unauthorised Person means an individual or entity that is not authorised by the agency or a Provider to use HPOS. For example, if a person's HPOS access was granted by a Provider who is no longer authorised by the agency to use HPOS, that person also becomes an Unauthorised Person. Some other examples include: * a person who has not been granted HPOS access; * a person whose HPOS access has been suspended or revoked; or * a person whose HPOS access was not given by the agency or a Provider. Blood Safe Terms of Use These terms of use ('Terms of Use') between you ('you' or 'your') and the South Australian Minister for Health and Wellbeing as represented by BloodSafe eLearning Australia ('BEA', 'we', 'us' or 'our') govern the use of all materials developed by us including, but not limited to, this website, our elearning programs, mobile applications ('apps') and all other material (collectively known as 'our resources'). We may revise these Terms of Use at any time and without notice by updating this page. We recommend that you carefully read the current Terms of Use on every visit to this website. By using our resources you agree to the following Terms of Use. Privacy and security principles We are committed to protecting the privacy of your personal information and are bound by: * the Government of South Australia's Information Privacy Principles (IPP) In order to protect your personal information we use the following framework for your personal information: * We use personal information fairly and lawfully * We collect only the information necessary for the specific purpose(s) * We only hold as much personal information as we need to provide a service to you * We require that you ensure that the personal data we hold is accurate and up-to-date * We provide you with access to your personal information through your registered user account, or by contacting us to request this information * We use our best endeavours to keep your information secure. Collection and use of your personal information We collect personal and other information in order to provide a service to you, for reporting, and for quality assurance and improvement. We collect and retain personal information during the registration process in order for you to access our resources, for recording course progress and providing you with a certificate of completion, and for reporting. A valid email address, first and last names, and information about your profession, workplace or organisation is required to register on this website. We will use your email address to send transactional emails such as confirmation of registration, password reset information, and course completion certificates. You cannot opt out of these emails as they are part of our service to you. We may also use your email address to notify you of updates and new resources produced. You can choose to opt out of these emails by selecting the appropriate option in your account. When we send you an email, we may use a program that tells us when that email was opened by you. We may provide your organisation, administrative region and/or jurisdiction with records of registration, assessment, and/or activity for the purpose of staff compliance training, accreditation, credentialing and/or investigation of potential fraudulent activity. This may be provided directly or through reports these entities can access or via an interface to another learning management system or equivalent system. Your information will be made available based on the information you give to us. If you have provided incorrect information or not kept your information up-to-date, then your records may not be provided and/or may be provided to another organisation, administrative region and/or jurisdiction. We may use aggregated statistical data to assist in the management and/or evaluation of the elearning programs, in stakeholder reports, promotional activities and for professional/academic purposes such as research and evaluation, conference presentations and in industry or professional journals. We use a range of third-party suppliers and systems to develop, host, deliver, administer, and/or undertake evaluation or improvement of the program and/or systems. Access to your personal information by these third parties will be restricted to the data that they reasonably require to perform the contracted tasks. These suppliers and systems may have their own privacy statements that apply to your information. We actively investigate any potential or alleged fraud in user activity, course completion records or certificates based on our monitoring or as a result of an enquiry or notification by an individual, organisation, administrative region or jurisdiction. We may suspend access to your account while this is occurring. The results of any investigation including your complete records may be provided to your organisation, administrative region or jurisdiction. If considered serious we may notify registration/regulatory bodies and/or ask a law enforcement agency to investigate. If you believe that there has been an error or a system problem you should contact us immediately so we can investigate this. Your personal information will not be disclosed to a third party except in accordance with the IPPs. This may include situations described in these Terms of Use, or where your consent has been obtained, or where disclosure is authorised by law. Your personal details are stored in a secure server location. This information may be transmitted to and stored by servers in any location around the world. We may archive or delete your records where they have not been used for a period of time. Your responsibilities You warrant that all information provided by you in connection with registering for access to our resources is complete, current, accurate and is not misleading and that you will not misrepresent your identity. In order to reduce the risk of your information being used inappropriately you: * must not share your login credentials (username and password) with any other person or save the details elsewhere such as on any electronic system, email or document storage service. * should use a unique password for this service, that you have not used for any other electronic system or service You are required to keep your personal information up-to-date. This can be done by logging into your registered account and updating any/all information as required. If you do not keep your information up-to-date we may not be able to provide some or all services to you. You should note that there are inherent risks associated with transmission of information via the Internet. Internet communications may be susceptible to interference or interception by third parties. You should make your own assessment of the potential risks to the security of your information when making a decision as to whether or not you should utilise this website. To the maximum extent permissible by applicable law, we do not accept any liability for the security, authenticity, integrity or confidentiality of transactions and other communications made through this website. Notification of data breach If you believe that a data breach has occurred you should advise us urgently through the Contact Us link on our website. Site Analytics We use a range of in-house and third-party analytics services to collect information about how people use our website. The information we obtain helps us understand your needs so that we can offer a better user-experience. These services include, but may not be limited to: * the use of cookies by us to collect information about which pages you visit, how long you are on the site, how you got there (eg from a search engine, a link, an advertisement etc) and what you select. * Google Analytics to collect information about which pages you visit, how long you are on the site, how you got there (for example from a search engine, a link, an advertisement) and what you select. Information collected by the cookies (including your IP address) may be transmitted to and stored by Google on servers in the United States. * records of your visit and logs of information for statistical purposes. This may include your computer's IP address, your general location, date and time of visit to the website, pages accessed and documents downloaded, previous website visited and type of computer and/or browser used. By using our resources you consent to the processing of your data by us and third-party providers such as Google in the manner described in their Privacy Policy and for the purposes set out above. You may be able to opt out of these analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google or other providers. However you may then be limited in your use of some areas of this website. Certificates of Completion We may issue Certificates of Completion when you successfully complete an assessment. These are sent to the email address that you provide in your profile. They may also be available for download from this website. This certificate is not a formal qualification as BloodSafe eLearning Australia is not an accrediting body, and it is not issued under the Australian Qualifications Framework (AQF). You are not permitted to make changes to your personal registration details in order to provide a certificate(s) for another person(s). You are not permitted to alter your certificate in any way, including but not limited to the date of completion/issued, name of person issued to, and/or course undertaken. Organisations are not permitted to issue alternative Certificates of Completion for this program. Feedback You are encouraged to provide feedback, comments and suggestions on our resources. Feedback will be used for the purposes of quality assurance and improvement. It may also be used as part of any research, evaluation process and/or in promotional material. Feedback can be provided through the Contact Us links on our website and/or through end-of-course evaluation surveys. Use of case studies and scenarios Our resources use scenarios and case-studies as educational tools. While these may be based on a real case, identifying information such as names, demographic information and other details are changed in order to protect those involved. If you find these case studies or anything discussed in our courses and other information distressing it is important to acknowledge your concerns and experiences with your colleagues and/or to seek professional assistance. This may be through your Employee Assistance Program (EAP) or another healthcare provider. Report Administrators We may, in our sole discretion, authorise specific users within an organisation, administrative region and/or jurisdiction as Report Administrators for the purpose of staff credentialing and/or accreditation. These report administrators may be able to access your records and/or aggregated statistical data. As a Report Administrator you agree that these reports contain personal information and must only be used for the purposes specified and in accordance with these Terms of Use, your organisation's privacy policies and the requirements of any relevant legislation including the Privacy Act 1988 (Cwth). These reports are provided based on the information that a user provides during the registration and/or edit profile process, and are reliant on the information being accurate and kept up-to-date. We make no express or implied warranties that the information provided to Report Administrators is complete and/or accurate. These reports are generated from a live database. Registered users may move between participating organisations, and reports may reflect these differences. In the event that there is a problem with a report you should contact us immediately. Copyright Copyright in our resources including but not limited to source code, text, pages, documents, online graphics, audio and video are managed by BloodSafe eLearning Australia and the South Australian Department of Health and Wellbeing and vested in the Government of South Australia (Minister for Health and Wellbeing). Unless noted otherwise, and apart from any use permitted by the Copyright Act 1968, you are granted a licence to use this material for private use or use within your organisation for non-commercial purposes only. No licence to publish, communicate, modify, commercialise, alter, or reverse engineer this material is granted. For reproduction or use of the copyright material beyond this limited licence permission must be sought from us. That permission, if given, may be subject to a range of conditions. No permission to reproduce or use copyright material, other than that expressly stated above is to be implied by the availability of material on this site. Trademarks used in this site are the property of their respective owners. Linking to our website You may provide links to our resources from your or your organisation's learning management system, website or in other material so that your users can easily locate our resources. However, unless specifically agreed by us in writing, you are not permitted to upload this material in any form to, or distribute this material from, your or your organisation's learning management system, website or any similar system. Computing Malware We do not represent or warrant that our resources are free from computer malware including but not limited to viruses, worms, trojans, spyware, adware or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks. Availability of website and elearning program The accessibility and operation of our resources relies on internet and information and communication technologies outside of our control. We do not guarantee that our resources will operate without interruption or be available at all times. We may withdraw completely, or suspend for a period of time any resources and associated services without notice for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on the website or where maintenance or upgrading of a website is required. All disclaimers and limitations of liability will continue after any such withdrawal or suspension. You are advised to complete all requirements in a timely manner. Termination of Use If in our reasonable opinion you breach any of these Terms of Use we may suspend, terminate or limit your access to our resources. If we do not act in relation to a breach by you of these Terms of Use this does not waive our right to act with respect to subsequent or similar breaches. Our resources are for personal and non-commercial use. You may not use our resources to on-sell or provide to a third party. If you are suspected of using our resources in this way then we reserve the right to cancel your access. External Links Our resources contain links to other websites. As web links can change over time no guarantee is made as to the availability of those websites. We are not responsible or liable for the content of those other websites. Accessing those other websites is at your own risk. Those websites are included on the basis that they contain related content. These links to other websites are provided for information and assistance only and should not be construed as an endorsement or approval of that website. A user who enters another website should refer to any terms applying to the use of those other websites. When a user has clicked on a link to another website, they leave our resources and the privacy and security statements contained in these Terms of Use do not apply to those websites. Language Translation We do not recommend using language translation services with our resources. If you do use automatic language translation services in connection you do so at your own risk. No representations express or implied, are made as to the accuracy or usefulness of any translation of the information in our resources or any linked website into another language. Site Changes The information and data in our resources is subject to change without notice. We may revise its material at any time and without notice. Disclaimer Our resources are provided for educational purposes only. It is the intent of the authors to provide evidence-based best practice where this exists and whilst the information in our resources has been carefully prepared by the authors it has not been tailored to any particular patient's circumstances. Our resources may be used as a guide but are not a substitute for your organisation's policies and procedures, current clinical guidelines, evidence and expert opinion in relation to decision making in clinical practice. Readers are encouraged to seek information and advice regarding local practices in their own institutions. We and other associated organisations and authors of our resources do not make any express or implied representation or warranty in relation to the completeness, accuracy, suitability, fitness for a particular purpose, or currency of the information provided. We and these other persons are not liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss or damages arising in connection with the use or reliance upon any of the information, materials or elearning programs available from this website. Any access to our resources is at your own risk. Limitation of Liability Nothing in these Terms of Use excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms of Use to be void. To the extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with your use of this website or any use or reliance of any information, materials or elearning programs in connection with this website (including loss of data, performance or non-performance of any services), whether under the law of contract, in tort, in equity, under statute or otherwise including all legal costs is limited to the amount of $10.00 or an amount equal to the total amount of the fees received by us and paid by you for use of our resources during the past 12 months, whichever is the greater. You acknowledge and agree that the disclaimers and the limitations of liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and us, and that these limitations are an essential basis to our ability to make our resources available to you on an economically feasible basis. Indemnification You agree to indemnify us from any loss, expense, damage, claim or cost (including legal costs on a full indemnity basis) arising out of your breach of these Terms of Use. Force Majeure We will not be in breach of these Terms of Use or liable to you if we fail to perform or delays in performance of an obligation as a result of an event beyond our direct control, including but not limited to internet loss or interruption, data loss or interruption, strikes, industrial disputes, fire, flood, acts of God, war, insurrection, vandalism, sabotage, riot, national emergency, piracy, hijack, terrorism, embargoes, restraints, extreme weather, illness or injury to our personnel, actions or inactions of your personnel, legislation, regulation, order or other act of government or governmental agency. No Assignment You must not assign, novate or encumber any of your rights or obligations under these Terms of Use without first obtaining our written consent, which may be given or withheld in our sole discretion. Entire Agreement These Terms of Use, as they may be varied from time to time, constitute the entire agreement between us and you with respect to your use of all resources provided by us. Any reference in these Terms of Use to 'we', 'us' or 'our' also includes our employees, officers, agents and contractors. Waiver We will only waive a right under these Terms of Use by written notice to that effect. Nothing else done or omitted to be done by us in relation to our rights under these Terms of Use will have the effect of a waiver. Severability If any provision or part of a provision of these Terms of Use is invalid or unenforceable in any jurisdiction: * the provision must be read down for the purposes of the operation of that provision in that jurisdiction, if possible, so as to be valid and enforceable; or * if the provision cannot be read down, it must be severed if it is capable of being severed without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction and the parties must consult in good faith to determine whether any amendment or substituted provision is required. Proper Law and Jurisdiction of the Courts The laws in force in South Australia apply to these Terms of Use. You irrevocably submit to and accept generally and unconditionally the non-exclusive jurisdiction of the courts and appellate courts of South Australia with respect to any legal action or proceedings which may be brought at any time relating in any way to these Terms of Use. Any proceeding brought in a Federal Court must be instituted in the Adelaide Registry of that Federal Court. Last Updated 24 November 2020 Australian Commission on Safety and Quality in Healthcare Privacy Policy The Commission is committed to the protection of personal information in accordance with the Privacy Act 1988 (Privacy Act). The Commission aims to ensure that all personal information is managed in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act. The Commission is also committed to ensuring that the statistical healthcare datasets accessed pursuant to our functions under the National Health Reform Act 2011 and the National Health Reform Agreement is managed in a manner which is generally consistent with the APPs, as well as state and territory privacy laws and healthcare regulations. Privacy Policy 2018 Publication, report or update The most up to date versions of both the Privacy Act and National Health Reform Act 2011 are available from ComlawExternal link. The National Health Reform Agreement is available from COAGExternal link. The Commission is also a signatory to the National Health Information AgreementExternal link. Website privacy When you visit the www.safetyandquality.gov.au site, our server makes a record of your visit and logs the following information for statistical purposes or systems administration purposes: * your server address * your top level domain name (for example .com, .gov, .au, .uk etc) * the date and time of your visit to the site * the pages you accessed and documents downloaded * the previous site you have visited * the type of browser you are using. No attempt will be made to identify users or their browsing activities, except in the unlikely event of an investigation where a law enforcement agency may exercise a warrant to inspect the logs. Electronic email addresses We will only record your e-mail address if you send us a message. Your e-mail address will only be used or disclosed for the purpose for which you have provided it and it will not be added to a mailing list or used or disclosed for any other purpose without your consent. You should note that there are inherent risks associated with using the Internet as a transmission medium in that when you send information over the Internet it might be possible for other people to see what you are sending. If this is of concern to you, then you should use other methods of communication. Australian Government Births Deaths and Marriages Terms of use for stakeholder users 1. These Terms 1.1  partners.rio.bdm.vic.gov.au is operated by the Registry of Births, Deaths and Marriages Victoria (referred to as 'we', 'us' or 'our' in these Terms). 1.2  These Terms apply to a person who registers a stakeholder user account for partners.rio.bdm.vic.gov.au (referred to as 'you' or 'your' in these Terms) when employed by an organisation that uses our services (‘stakeholder organisation’). By registering a stakeholder user account you agree that these terms will govern your use of partners.rio.bdm.vic.gov.au. 1.3  You must register a stakeholder user account in order to access partners.rio.bdm.vic.gov.au.  Before you register a stakeholder user account, you must read and accept these Terms. 1.4  We may change these Terms at any time by posting the new Terms or a notice on our website. Your continued use of partners.rio.bdm.vic.gov.au will mean that you have read and agree that you will be bound by the new Terms. 2.  Registering a stakeholder user account for partners.rio.bdm.gov.au 2.1  You must be a natural person to register a stakeholder user account. If you wish to access partners.rio.bdm.vic.gov.au and our services provided through it, you must register a stakeholder user account in your name and provide evidence of eligibility, where required. 2.2  When you register a stakeholder user account, you will be required to provide your personal details and proof of identity.  Those details may also be used to prefill online forms when you apply for our services provided through partners.rio.bdm.vic.gov.au. If you do not update the details recorded in your stakeholder user account, the details will need to be changed directly in the prefilled online forms on each occasion.  You must provide up to date, accurate and complete information. 2.3  You must select a username when you register a stakeholder user account. Your username will be confirmed by email. You will also need to create a valid password to log in to your stakeholder user account. You agree: 1. to keep your username and password confidential and secure;  2. to not permit any other person to use your username or password to access your stakeholder user account; and  3. to change your username and password if they have been stolen or otherwise compromised. If you forget your password and your stakeholder user account needs to be re-activated, a one-time password will be provided to you via your email address.  3.  Using partners.rio.bdm.vic.gov.au 3.1  In accessing and using partners.rio.bdm.vic.gov.au, you will:  1. comply with our instructions set out in partners.rio.bdm.vic.gov.au;   2. not use any device, software or routine to interfere or attempt to interfere with the proper working of partners.rio.bdm.vic.gov.au; and 3. not use partners.rio.bdm.vic.gov.au to participate in illegal or fraudulent activities or otherwise misuse partners.rio.bdm.vic.gov.au. 4.  partners.rio.bdm.vic.gov.au is provided on an 'as is, as available' basis  4.1  While every effort is made to ensure that partners.rio.bdm.vic.gov.au is highly available and error free, we take no responsibility for, and cannot be held liable for the availability and performance of partners.rio.bdm.vic.gov.au.  You agree that your use of partners.rio.bdm.vic.gov.au is on an 'as is, as available' basis. 4.2  Notices for planned outages of partners.rio.bdm.vic.gov.au will be posted on our website.  If you have difficulty using partners.rio.bdm.vic.gov.au or discover any error or malfunction in partners.rio.bdm.vic.gov.au, you may contact the IT Helpdesk using the details on our Contact us page.  5.  Data provided through partners.rio.bdm.vic.gov.au  5.1  While we take all reasonable precautions to ensure that partners.rio.bdm.vic.gov.au is secure, no data transmitted over the Internet can be guaranteed as totally secure.  Accordingly, we make no warranty or representation in relation to the security of any data you provide through partners.rio.bdm.vic.gov.au. 6.  Suspension or termination of your stakeholder user account 6.1  We may suspend or terminate your stakeholder user account at any time for any reason, including if we believe that you have breached any of these Terms. 6.2  If your stakeholder user account is suspended or terminated without any fault on your part, we will attempt to notify you in advance where we consider appropriate.   7. Payments 7.1  Your stakeholder organisation must pay the associated fees for any transactions that you perform using partners.rio.bdm.vic.gov.au.  Our schedule of fees can be found on our website Fees page.  7.2  You are responsible for ensuring that any payment details you provide are accurate.  If you have not provided correct payment details or your stakeholder organisation's payment is declined by its financial institution, we may reverse or not record the transaction.  We will not be liable to you, your stakeholder organisation, or any other person for any claim, loss, damage or expenses suffered as a result of us reversing or not recording the transaction.   8.  Liability and indemnity 8.1  To the extent permitted by law, we will not be liable to you, your stakeholder organisation or any other person for any claim, loss, damage or expenses arising from your or your stakeholder organisation's (including stakeholder users) access or use of, or inability to access and use, partners.rio.bdm.vic.gov.au, or any other matter relating to partners.rio.bdm.vic.gov.au.   8.2  Your stakeholder organisation agrees to indemnify us against any claim, loss, damage or expenses (including legal costs on a full indemnity basis) made to or incurred by us in connection with your use or access (including unauthorised use or access) of partners.rio.bdm.vic.gov.au or breach of any of these Terms.  8.3  Further terms of our liability are set out on our website Disclaimer page. 9.  Copyright 9.1  You and your stakeholder organisation agree to use partners.rio.bdm.vic.gov.au in accordance with our copyright notice, which can be found on our website Copyright page. 10.  Privacy  10.1  Any information you provide to partners.rio.bdm.vic.gov.au will be handled in accordance with our privacy statement and policy, which can be found on our website Privacy policy page. 11.  General  11.1  These Terms are legally binding on the parties and are governed by the laws of Victoria.  All legal actions in relation to these Terms must be brought in a court in Victoria. Return to Register for our new online services Kogan Terms and Conditions General Terms and Conditions These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.kogan.com or from third party sellers. Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. Which terms and conditions apply? Some Products You Order on the Website are offered and supplied by: * Kogan Australia Pty Ltd ABN 53 152 570 351 (Kogan Australia); and * Kogan HK Limited (Company Registration Number: 1659337 and ABN: 51 158 959 794) registered in Hong Kong; and * Kogan Travel Pty Ltd ABN 56 604 539 979 (Kogan Travel). * Kogan Mobile Operations Pty Ltd ABN 28 603 162 714 (Kogan Mobile) as agent for TPG Telecom Limited Ltd ABN 76 096 304 620 or its subsidiaries (Vodafone). * Third party sellers (TP Sellers). The website Product listing states the offer and supplier of each Product. Products which are offered and supplied by Kogan Australia are referred to as KA Products. Products which are offered and supplied by Kogan HK are referred to as Kogan HK Products. Services which are offered and supplied by Kogan Travel are referred to as Kogan Travel Products. Products and services which are offered and supplied by Kogan Mobile Operations Pty Ltd as agent for TPG Telecom Limited are referred to as Kogan Mobile Products. Products which are offered and supplied by TP Sellers are called TPS Products. It is important to note that different Terms and Conditions apply in respect of KA Products, Kogan HK Products, Kogan Travel Products, Kogan Mobile Products and TPS Products. Where you place an Order for Kogan HK Products to be delivered outside of Hong Kong, you will be the importer of the Kogan HK Products into Your jurisdiction. If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by Kogan Australia, Kogan HK, Kogan Travel and Kogan Mobile then please email Our team at Kogan Help Centre, and a representative will be happy to help you. Terms and conditions for KA Products → Terms and conditions for Kogan HK Products → Terms and conditions for Kogan Travel Products → Terms and conditions for Kogan Mobile Products → Terms and conditions for TPS Products → Terms and conditions for KA Products These Terms and Conditions constitute a contract between the customer (You) and Kogan Australia. 1. Agreement 1.1 In these Terms and Conditions We, Our or Us means Kogan Australia; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website. 1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products. 1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email. 2. Legal Capacity If you are under the age of eighteen (18) years you cannot place Orders with Kogan Australia. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years. 3. Website Use 3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. 3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You. 3.4 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website. 4. Pricing 4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except: 1. by agreement between You and Us in writing or by email; or 2. in accordance with clause 7.4. 4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order. 5. Product Specifications 5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6. 5.2 All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated. 6. Orders 6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract). 6.2 Orders will be deemed to have been received by Kogan Australia at the time Kogan Australia sends an Order confirmation to Your nominated e-mail address. 6.3 Kogan Australia is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. 6.4 Kogan Australia reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s). 6.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund. 6.6 Kogan Australia does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections. 6.7 Kogan Australia shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Kogan Australia (or its affiliates), and Kogan Australia shall be entitled to a reasonable extension of time for the performance of such obligations. 6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt. 7. Payment 7.1 You may provide Your nominated credit card during the purchase process described on the Website. 7.2 Payment for Orders will be processed immediately upon confirmation of Your Order. 7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud. 7.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product. 8. Delivery and ownership of the goods 8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Kogan Australia does not accept any liability for loss or damage suffered by anyone as a result of any such delays. 8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kogan Australia. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Product(s). 8.3 Kogan Australia will not deliver Products to PO Box addresses. 8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided. 8.5 The couriers or postal services nominated by Kogan Australia will deliver Products during local business hours (9am to 5pm, Monday to Friday). 8.6 Kogan Australia is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Kogan Australia (as notified to the Customer) in relation to date and time of delivery. Kogan Australia shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery. 8.7 Kogan reserves the right to not ship to remote or rural locations. 9. Faulty or damaged goods Kogan Australia will repair, replace or refund faulty or damaged Products in accordance with the Kogan.com Customer Charter and Your rights under the Australian Consumer Law. 10. Intellectual Property All Intellectual Property in any Material on the Website is the property of KOGAN.COM HOLDINGS PTY LTD. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material. 11. Privacy By placing your Order or otherwise contacting Kogan Australia, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy. 13. Gift Vouchers 13.1 Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing. 13.2 Gift Vouchers & eVouchers may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded. 14. Miscellaneous 14.1 Title and risk in the KA Products pass to You at the point of dispatch or embarkation by KA to Your courier. 14.2 Kogan Australia reserves the right to make changes to the Kogan Australia Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions. 14.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. 14.4 A failure or delay by Kogan Australia to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan Australia does not preclude its future ability to exercise that or any other power or right. 14.5 Insofar as they apply to the ordering, purchase, fulfilment and delivery of KA Products from www.kogan.com, these KA Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State. 14.6 No Kogan Australia employee or agent has the authority to vary any of the Terms and Conditions governing any sale. Terms and conditions for Kogan HK Products These Terms and Conditions constitute a contract between the customer (You) and Kogan HK Limited (Company Registration Number: 1659337 and ABN: 51 158 959 794) registered in Hong Kong (Kogan HK). 1. Agreement 1.1 In these Terms and Conditions We, Our or Us means Kogan HK; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and Kogan HK Products means purchased from Kogan HK through the website. 1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Kogan HK Products. 1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Kogan HK Products. The Agreement cannot be varied unless We agree to vary it in writing or by email. 2. Legal capacity If you are under the age of eighteen (18) years you cannot place Orders with Kogan HK. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years. 3. Website Use 3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites. 3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You. 3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website. 4. Pricing 4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except: 1. by agreement between You and Us in writing or by email; or 2. in accordance with clause 7.4. 4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order. 5. Product Specifications 5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6. 5.2 All weights and dimensions of Kogan HK Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated. 6. Orders 6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract). 6.2 Orders will be deemed to have been received by Kogan HK at the time Kogan HK sends an Order confirmation to Your nominated e-mail address. 6.3 Kogan HK is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. 6.4 Kogan HK reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s). 6.5 In the event of a cancelled Order prior to dispatch, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund. If you have received notification that Your item has been processed, all cancellations are subject to the terms of Our Returns Policy 6.6 Kogan HK does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections. 6.7 Kogan HK shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Kogan HK (or its affiliates), and Kogan HK shall be entitled to a reasonable extension of time for the performance of such obligations. 6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt. 7. Payment 7.1 You may provide Your nominated credit card during the purchase process described on the Website. 7.2 Payment for Orders will be processed immediately upon confirmation of Your Order. 7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud. 7.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product. 8. Delivery and ownership of the goods 8.1 You hereby appoint Kogan HK as Your agent solely to engage a courier on Your behalf to receive the Kogan HK Products at the point of dispatch or embarkation and deliver them to You. We try to ensure that all Kogan HK Products are delivered to Your courier in a prompt and timely manner. However, from time to time, it is possible that there may be delays in dispatch or embarkation of Kogan HK Products. Kogan HK does not accept any liability for loss or damage suffered by anyone as a result of any such delays nor for any delay by Your courier in delivering the Kogan HK Products to You. 8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kogan HK. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s). 8.3 Kogan HK is not responsible for the delivery times of Kogan HK Products. Once Kogan HK Products have been dispatched, it is Your responsibility to liaise with Your courier in relation to date and time of delivery. Kogan HK shall not be liable for any inaccuracy of information provided to You relating to the date and time of delivery. 8.4 Kogan reserves the right to not ship to remote or rural locations. 9. Faulty or damaged goods Kogan HK will repair, replace or refund faulty or damaged Products in accordance with the Kogan.com Customer Charter and Your rights under the Australian Consumer Law. 10. Returns 10.1 We will carry spare parts for each Product for a reasonable period, which We consider generally corresponds with the length of the Standard Care Warranty and/or Extended Care period (1, 3 or 5 years as the case may be). Kogan reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available. 10.2 Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees. 11. Liability To the extent permitted by law We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law. 12. Intellectual Property All Intellectual Property in any Material on the Website is the property of KOGAN.COM HOLDINGS PTY LTD. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material. 13. Privacy We may store, process, use and disclose data collected from Your Order for the purposes of processing and fulfilling Your Order; and your data will be handled in accordance with Our Privacy Policy. 14. Gift Vouchers 14.1 Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing. 14.2 Gift Vouchers & eVouchers may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded. 15. Use of Kogan HK Products in Your jurisdiction 15.1 It is Your responsibility to ensure that it is lawful to import the Kogan HK Products into Your jurisdiction and/or use them in Your jurisdiction. It is Your responsibility to obtain any permits for, or make any modifications to, the Kogan HK Products so as to enable them to be imported into or used within Your jurisdiction. 15.2 Kogan HK reserves the right to make changes to the Kogan HK Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions. 16. Miscellaneous 16.1 Kogan HK reserves the right to make changes to the Kogan HK Website and these Terms and Conditions without notice. 16.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. 16.3 A failure or delay by Kogan HK to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan HK does not preclude its future ability to exercise that or any other power or right. 16.4 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Kogan HK Products from Kogan HK, these terms and conditions are governed by and must be construed according to the law of Hong Kong and the parties submit to the jurisdiction of the courts of Hong Kong. 16.5 In respect of any Order, certain taxes may be levied by the destination country to which Your Kogan HK Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the Kogan HK Products, you agree that you are liable to pay such taxes with respect to the Kogan HK Products to the relevant authority in addition to Your payment to us under the General Terms and Conditions above. It is Your responsibility to determine whether any such taxes apply in Your destination country for delivery or the country from which the Kogan HK Products are shipped. You agree that neither Kogan Australia nor Kogan HK is liable to you with respect to any loss, damage, cost, expense or injury you incur as a result Your obligation to pay taxes in a particular jurisdiction. 16.6 Title and risk in the Kogan HK Products pass to You at the point of dispatch or embarkation by Kogan HK to Your courier. 16.7 No Kogan HK employee or agent has the authority to vary any of the Terms and Conditions governing any sale. Terms and conditions for Kogan Travel These Terms and Conditions constitute a contract between the customer (You) and Kogan Travel. 1. Agreement 1.1 In these Terms and Conditions We, Our or Us means Kogan Travel; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and Kogan Travel Products means purchased from Kogan Travel through the website. For Terms and Conditions for https://hotels.kogan.com/, please click here. 1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Kogan Travel Products. 1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Kogan Travel Products. The Agreement cannot be varied unless We agree to vary it in writing or by email. 2. Legal capacity If you are under the age of eighteen (18) years you cannot place Orders with Kogan Travel. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years. 3. Website Use 3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites. 3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You. 3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website. 4. Placing Orders 4.1 The promotion of Kogan Travel Products for accommodation, tours or travel related services on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase either: a voucher for particular accommodation, tours and/or travel related services under the terms and conditions in this Agreement, and any third party supplier terms and conditions at the price specified. 4.2 Accommodation, tours or travel related services are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full. 4.3 To the extent permitted by law We reserve the right to accept or reject Your offer for any reason (or no reason) including, but not limited to, the unavailability of any service or Product, an error in the price or product description, or an error in Your Order. 4.4 You must review Your Order carefully before placing it. Once an order is confirmed, you are able to cancel or change it within 14 days of purchasing. After this time, Our normal booking conditions apply. Once you make a booking reservation with the supplier of the promoted Product deal, it is then not changeable and not refundable. This applies even if You want to cancel within the 14 day period after purchasing because you have made a booking which is then not changeable and not refundable. 4.5 If You have any problems with Your booking, You may contact Our Support Team at support@kogantravel.com 4.6 Please note that as a general rule, We will not refund Your purchase where You have made an error. In the event that We cancel or are unable to fulfil Your Order (including because accommodation, tours or travel related services have become unavailable or We cease selling the product for any reason whatsoever), We will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), We will not be liable to You for any other loss, such as any additional costs associated with you purchasing from another provider at a higher price. 5. Price, Payment and Use of Booking Codes 5.1 The prices of vouchers, accommodation, tours, and travel related services shown are in Australian dollars and include GST where applicable. Prices are current at the time of display but are subject to change. 5.2 All payments must be received in full prior to a Booking Code being issued. If Your payment is not received or is declined by Your bank or credit card issuer, We cannot and will not hold Your Order. In such instances We do not guarantee that the Product will be available should You try to order it again. 5.3 A Booking Code may only be redeemed (used to book with the supplier) once. These codes may not be used in conjunction with any other discounts. Only one Booking Code may be used per Order. 6. Booking Codes Use and Redemption 6.1 Your Booking Code for the Products shown on Your Order confirmation will be accessible via email. Your Booking Code is the Order Confirmation number displayed and emailed to you once payment is complete. We cannot be held liable or responsible for any loss suffered as a result of a Booking Code not being received by you due to circumstances beyond Our reasonable control. 6.2 The service supplied by Kogan Travel in exchange for Your payment is the provision of a Booking Code. Any Kogan Travel Product You purchase shall be redeemable only for the specified accommodation or services from the relevant supplier of the accommodation and services and shall only be available for redemption during the period specified on the offer. The supplier, and not Kogan Travel, is the seller and supplier of the accommodation/services to which the Booking Code relates and is solely responsible for honouring any Kogan Travel Product You purchase. In relation to offers provided by a third party on redemption of a Kogan Travel Booking Code, you recognise that the third party is the supplier of the offer, and not Kogan Travel. 6.3 The Kogan Travel Booking Code does not function as a stored-value card and cannot be redeemed incrementally. The Kogan Travel Booking Code cannot be exchanged or redeemed for cash. The Kogan Travel Booking Code cannot be combined with any other credits, vouchers or promotions unless otherwise specified by the supplier. 6.4 Neither Kogan Travel nor the supplier is responsible for lost or stolen Booking Codes or fraudulent use (by a person other than Kogan Travel or the supplier) of the unique Booking Code. 6.5 Kogan Travel Product offers may contain specific terms and conditions in the listing relating to the Product that supplements, and are to be read as in addition to, this Agreement. In the event of any inconsistency between the specific terms and conditions and this Agreement, the specific terms and conditions will prevail. 7. Availability of Accommodation and Services and Scheduling 7.1 You agree and acknowledge that: where suppliers offer services on the basis of ‘subject to availability’ or an experience based on an itinerary or schedule of events, the scheduling of or Order for those events may vary from time to time; the suppliers of certain types of experiences may impose conditions such as a minimum age or other restrictions regarding weight, health or other factors. 7.2 It is Your responsibility to confirm details of any restrictions that may apply from the supplier prior to finalising any booking and confirm that you are able to comply; photographs appearing on Our website to illustrate details of offers of suppliers are generally those made available to Us by suppliers or chosen by Us. They are intended to be indicative only of the accommodation, location, services, facilities, and attractions at which services are offered by suppliers. For example, they may depict only one of various rooms, facilities and attractions at which the offer is located in or nearby Your accommodation. This may not be the room type, location or facility applicable to Your chosen version of the offer; a representation on the website that services will be available over a range of dates does not preclude You from being required to make a booking for the services to which the booking relates. Bookings may not be available on short notice. 8. Bookings and Cancellations 8.1 All Products promoted on the Website are offered by suppliers subject to availability and all require being booked in advance. For the redemption of all Booking Codes, We recommend making bookings as soon as possible once the deal is purchased. Peak times (such as weekends or holidays) should be booked further in advance. We do not guarantee that services will be available at Your preferred date and time. 8.2 You may cancel for any reason within 14 days of purchase if You do not make a booking within that time, whether because Your preferred dates were not available or for any other reason. After this time, Our normal booking conditions apply. Once you make a booking reservation with the supplier of the promoted deal, it is then not changeable and not refundable. This applies even if you want to cancel within the 14 day period after purchasing because you have made a confirmed booking which is then not changeable and not refundable. 8.3 Suppliers reserve the right to cancel and reschedule Your booking due to unforeseen circumstances. Except as required by law (including the Australian Consumer Law), We will not be held liable for such events and We will not reimburse You for any travelling, accommodation or other expenses incurred by You or any other person. 9. Returns Policy 9.1 The Australian Consumer Law provides certain guarantees to consumers when they purchase accommodation or services and these guarantees cannot be excluded, restricted or modified. These guarantees include services being rendered with due care and skill, being fit for purpose and being supplied within a reasonable time. 9.2 Our aim is to provide You with a great experience at a significantly discounted price. Our team works hard to seek out these great deals, but We rely heavily on the suppliers to deliver the accommodation and services as described in the offer. Although We cannot control the suppliers and are not responsible for their actions, We will use reasonable endeavours to try and satisfactorily resolve any dispute You may have with a supplier. We may try to resolve Your complaint by means other than a refund, such as by organising for the supplier to offer reasonable alternatives, or by extending the Booking Code's redemption period. If We successfully resolve Your complaint a refund will not be issued. 9.3 Unless otherwise specified in the specific terms and conditions of a Product listing on the Website, all Products sold on the Website are sold subject to a specified Validity Period in the Product listing, during which the accommodation and services offered shall be available to be booked regardless of whether Your preferred booking dates are available or not. Travel, Tours, Accommodation and other offers are also sold subject to a Book By date in the Product listing, which specifies the date by which you must contact the supplier with Your Booking Code to secure a booking. If You fail to contact the supplier within any advertised Book By date, Your voucher will be void and non-refundable. Kogan Travel Booking Codes expire on the Book By date indicated on the offer. The expiry date is referred to as the 'Book By' date on the Product listing on the Website. Expired Booking Codes (those not used by the Book By date) are non-refundable in whole or part. Once expired, Kogan Travel Booking Codes are no longer valid and may not be honoured by the supplier. You must ensure you use Your Kogan Travel Booking Code within the validity period stipulated on the Kogan Travel Product listing on the Website. 9.4 We may issue you with a refund to the value of Your purchased Kogan Travel offer (at Your election) where: a) We have made an error on an advertised deal, including where We have: withdrawn or cancelled the deal for any reason; b) mistakenly included an incorrect term, or omitted a key term in the Fine Print; or posted a deal on the Website in error; c) you have reason to believe that a technical error caused, or contributed to, the purchase or multiple purchases of Kogan Travel offers, and where the request for refund is issued through the Kogan Travel Support Team within 14 days of the date of purchase AND you have not yet made a booking; d) or the Supplier’s business has gone into external administration (including receivership or liquidation), permanently closed, or has temporarily closed for an extended period of time. 9.5 Refunds may not be issued where the supplier has one or more other locations within reasonable proximity and of a similar or higher quality that can service the Kogan Travel Product offer. In addition, you may also be eligible for a Refund to the value of Your purchased Kogan Travel Product offer where: the supplier fails to provide the accommodation or services through fault or circumstances beyond their reasonable control, or the accommodation or services provided are not as described in specific terms and conditions contained on the Product listing on the Website (for example by adding additional restrictions or conditions, or by providing alternate accommodation or services) unless You accept the alternative accommodation or services in place of the accommodation or services sold with the offer; You have been unable to redeem Your Kogan Travel offer, despite making reasonable attempts to do so during the offer validity period. However You must provide reasonable evidence of Your attempt to use Your Booking Code for the offer, and Your claims will be assessed on a case-by-case basis; or We, at Our sole discretion, believe Your situation warrants a refund. 9.6 We will not issue refunds in the following circumstances: a) You have changed Your mind, unless this is within 14 days of purchase and you have not yet made a booking with Your Booking Code; b) You are unable to redeem Your offer due to fault or circumstances of Your own beyond the control of either Kogan Travel or the supplier; c) You have previously submitted a payment chargeback request to Your financial institution that We have accepted. 10. Complaints Process / How to Claim a Refund 10.1 We only work with suppliers We know and trust, however sometimes things don't go according to plan and We are committed to ensuring that We do whatever possible to resolve any problems that do arise. Upon receipt of any concerns or complaint, We will endeavour to resolve the issue on Your behalf. If it cannot be resolved, We will provide a remedy in accordance with these terms and conditions and Your statutory rights. 10.2 Any request for a refund outside Our 14 days from purchase guarantee must be submitted through the Kogan Travel Support Centre or alternatively as We advise at Our discretion. 10.3 Your refund request must, where applicable: include the Kogan Travel Booking Code; include a detailed description of Your experience or issue; and be received by us by the last day of the Validity Period or ’Travel By’ period (except as otherwise specified in this Agreement). 10.4 We may verify the details of Your Refund request with the provider, and by asking You to provide more information and proof. Where We issue a refund, it will be issued via the same payment method that you used to purchase the offer or otherwise as determined by Us. 10.5 Any refund issued to you is not an admission of guilt or liability by Kogan Travel. Where We conclude that a refund request is invalid, We may refuse the request. If you have any concerns before, during or after Your trip, please contact us at support@kogantravel.com and We will do Our best to assist you in finding a satisfactory solution. 10.6 For more information please see the Kogan Travel Complaints Handling Policy and Procedures. 11. Kogan Travel Guarantee The following Guarantee only applies where it is specifically stated in the Product listing on the Website that it is applicable to the relevant Kogan Travel Product. If, within 14 days of purchasing Your Kogan Travel offer (Guarantee Period) You have been unable to secure Your preferred travel and/or accommodation dates (including flights), We will issue You with a full refund (using the payment method used for purchase) to the face-value of Your voucher purchase only. You must contact Kogan Travel via the Support Team within the Guarantee Period in order to claim under the Booking Guarantee. This Guarantee does not apply if a booking is confirmed using your Kogan Travel Booking Code within the 14 day guarantee period. 12. AFTA & ATAS Member Kogan Travel is accredited under the ATAS Accreditation Scheme - Membership number A12439, and is a Full Member of the Australian Federation of Travel Agents (AFTA). 13. Liability To the extent permitted by law We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and Our maximum aggregate liability for any Kogan Travel Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Kogan Travel Product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law. 14. Intellectual Property All Intellectual Property in any Material on the Website is the property of KOGAN TRAVEL PTY LTD. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material. 15. Privacy By placing Your Order or otherwise contacting Kogan Travel, you agree that: We may store, process, use and disclose data collected from Your Order for the purposes of processing and fulfilling Your Order; and your data will be handled in accordance with Our Privacy Policy. 16. Miscellaneous 16.1 Kogan Travel reserves the right to make changes to the Kogan Travel Website and these Terms and Conditions without notice. 16.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. 16.3 A failure or delay by Kogan Travel to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan Travel does not preclude its future ability to exercise that or any other power or right. 16.4 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Kogan Travel Products from Kogan Travel, these terms and conditions are governed by and must be construed according to the law of Victoria and the parties submit to the jurisdiction of the courts of Victoria. 16.5 No Kogan Travel employee or agent has the authority to vary any of the Terms and Conditions governing any sale. Terms and conditions for Kogan Mobile Sim Cards These Terms and Conditions constitute a contract between the customer (You) and Kogan Mobile Operations Pty Ltd ABN 28 603 162 714 (Kogan Mobile), as agent for TPG Telecom Limited ABN 76 096 304 620 or its subsidiaries (Vodafone). 1.1 In these Terms and Conditions We, Our or Us means Kogan Mobile; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of SIM Cards through the Website. 1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Sim Cards. 1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Sim Cards. Kogan Mobile supplies Sim Cards as agent for TPG Telecom Limited ABN 76 096 304 620 (Vodafone). Kogan Mobile telecommunications services are provided by Vodafone under terms and conditions published by Vodafone from time to time. The terms of your Kogan Mobile service are set out in the Vodafone Standard Form of Agreement (SFOA), as varied from time to time, which can be found here. Your Critical Information Summary contains a summary of the charges that apply to your Kogan Mobile service. Details on inclusions for each Kogan Mobile plan are available at www.koganmobile.com.au/plans/ 2. Legal Capacity If you are under the age of eighteen (18) years you cannot place Orders with Kogan Mobile. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years. 3. Website Use 3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites. 3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You. 3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website. 4. Pricing Prices displayed on the Website are subject to change without notice. 5. Sim Card and Kogan Mobile Services Features, specifications and inclusions of Kogan Mobile services described or depicted on the Website are subject to change without notice. 6. Orders 6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Sim Card(s) the subject of Your Order (Purchase Contract). Kogan Mobile acts as agent for Vodafone in supplying Sim Cards to You. 6.2 Orders will be deemed to have been received by Kogan Mobile at the time Kogan Mobile sends an Order confirmation to Your nominated e-mail address. 6.3 Kogan Mobile is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. 6.4 Kogan Mobile reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Sim Card(s). 6.5 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund. 6.6 Kogan Mobile does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections. 6.7 Kogan Mobile shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Kogan Mobile (or its affiliates), and Kogan Mobile shall be entitled to a reasonable extension of time for the performance of such obligations. 6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt. 7. Payment 7.1 You may provide Your nominated credit card during the purchase process described on the Website. 7.2 Payment for Orders will be processed immediately upon confirmation of Your Order. 7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud. 7.4 Despite Our best efforts, on occasion it may be possible that Sim Cards may be incorrectly priced on the Website. If We have made a mistake and a Sim Card's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Sim Card at the correct price or cancel Your Order. If a Sim Card's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Sim Card, or where the higher incorrect price has been charged, We will refund the price difference and send You the Sim Card. 8. Delivery and ownership of the goods 8.1 We try to ensure that all Sim Cards are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Kogan Mobile does not accept any liability for loss or damage suffered by anyone as a result of any such delays. 8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kogan Mobile. Where scheduled dispatch of a Sim Card is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Sim Card(s). 8.3 Kogan Mobile will not deliver Sim Cards to PO Box addresses. 8.4 The couriers or postal services nominated by Kogan Mobile will deliver Sim Cards during local business hours (9am to 5pm, Monday to Friday). 8.5 Kogan Mobile is not responsible for the delivery times of Sim Cards. Once Sim Cards have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Kogan Mobile (as notified to the Customer) in relation to date and time of delivery. Kogan Mobile shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery. 8.6 Kogan reserves the right to not ship to remote or rural locations. 9. Faulty or damaged Sim Cards Kogan Mobile will replace or refund faulty or damaged Sim Cards in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law. 10. Liability To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Sim Card supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Sim Card(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law. 11. Intellectual Property All Intellectual Property in any Material on the Website is the property of KOGAN.COM HOLDINGS PTY LTD. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material. 12. Privacy By placing your Order or otherwise contacting Kogan Mobile, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfulling your Order; and that your data will be handled in accordance with our Privacy Policy. 13. Miscellaneous 13.1 Title and risk in the Kogan Mobile Sim Cards pass to You at the point of dispatch or embarkation by Kogan Mobile to Your courier. 13.2 Kogan Mobile reserves the right to make changes to the Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions. 13.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. 13.4 A failure or delay by Kogan Mobile to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan Mobile does not preclude its future ability to exercise that or any other power or right. 13.5 Insofar as they apply to the ordering, purchase, fulfilment and delivery of Kogan Mobile Sim Cards from www.kogan.com, these Kogan Mobile Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State. 13.6 No Kogan Mobile employee or agent has the authority to vary any of the Terms and Conditions governing any sale. Terms and Conditions for TPS Products 1. Agreement 1.1 In these Terms and Conditions, TP Seller means a third party seller (the details of which are identified within the product detail page relating to a TPS Product sold by the TP Seller), We, Our or Us means Kogan Australia and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes. 1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You. 2. TP Sellers We allow TP Sellers to list and sell their TPS Products on the Website but We are neither the buyer nor the seller of TPS Products. The contract formed at the completion of a sale for TPS Products is solely between You and the TP Seller. We are not a party to this contract nor do We assume any responsibility arising out of or in connection with it. We provide no warranty in respect of TPS Products. The TP Seller is responsible for the sale of their TPS Products and for dealing with any claims or any other issue arising out of or in connection with the TPS Products and the contract between You and the TP Seller. 3. Legal Capacity If You are under the age of eighteen (18) years You cannot place Orders through the Website. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years. 4. Website Use 4.1 We might provide links to TP Sellers’ websites or the websites of their affiliated companies. We are not responsible for examining or evaluating these websites, and We do not warrant or accept any responsibility or liability for the actions or offerings of any of the TP Sellers or the content of their websites. We are not responsible for the content or privacy practices associated with linked websites and before purchasing a TPS Product You should carefully review the TP Seller’s terms and conditions and their privacy statements. 4.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You. 4.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website. 5. Pricing 5.1 Prices displayed on the Website are subject to change without notice. 6. Product Specifications 6.1 Features and specifications of Products described or depicted on the Website are provided by the TP Seller of the product(s) and are subject to change without notice. 6.2 All weights and dimensions of Products described in the Website are provided by the TP Seller of the product(s) and are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated. 6.3 To the extent permitted by law, Kogan Australia makes no warranty or representation regarding the standard of any goods or services to be supplied by a TP Seller. 7. Delivery of TPS Products 7.1 TPS Products are delivered by the TP Seller to You as part of the contract between You and the TP Seller. TP Sellers’ reserve the right to not deliver TPS Products to selected locations. Unsuccessful deliveries due to an incorrect address or not collecting the item from the post office may result in additional restocking or redelivery fees as per the TPS terms & conditions 7.2 Kogan Australia might on occasions deliver TPS Products. If so: * We will try to ensure that the TPS Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Kogan Australia does not accept any liability for loss or damage suffered by anyone as a result of any such delays; * TPS Products will not be delivered to PO Box addresses; * If You give written authority for TPS Products to be delivered without a signature, any and all included insurance cover will be voided; * the couriers or postal services nominated by Kogan Australia will deliver TPS Products during local business hours (9am to 5pm, Monday to Friday); * Kogan Australia is not responsible for the delivery times of the TPS Products. Once the TPS Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Kogan Australia (as notified to the Customer) in relation to date and time of delivery. Kogan Australia shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery. * Kogan reserves the right to not deliver TPS Products to remote or rural locations. 8. Faulty or damaged goods If your TPS Products are defective or faulty, You should first contact the TP Seller through your account. In the event the TP Seller does not resolve the issue to your satisfaction within 5 days, You may escalate to Kogan, and Kogan will resolve the dispute in accordance with the Australian Consumer Law. Kogan is responsible for resolving all disputes and administering all refunds determined to be owed to customers. 9. Liability To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any TPS Product supplied to You whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by You to the TP Seller in respect of the TPS Product(s) in question. 10. Intellectual Property All Intellectual Property in any Material on the Website is the property of KOGAN.COM HOLDINGS PTY LTD. Unless expressly authorised under these Terms and Conditions or otherwise, You must not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material. 11. Privacy a) We may disclose the data collected in your Order to the TP Seller for the purposes of processing and fulfilling your order (and that your data will be subject to the privacy policy and practices of the TP Seller); b) We may store, process, use and disclose data, other than credit card details, in order to provide you with marketing information from time to time, including regarding other KA Products, Kogan HK Products, or TPS Products that may be of interest to You; and c) your data will be handled in accoradance with Our Privacy Policy. 6. 12. Miscellaneous 12.1 Kogan Australia is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. 12.2 Kogan Australia reserves the right to make changes to the Kogan Australia Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the Website. 12.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions. 12.4 These Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State. Kogan Privacy Policy 1. Openness and transparency Kogan.com Holdings Pty Ltd, Kogan.com Ltd, Kogan Australia Pty Ltd and its affiliates (“Kogan”, “we”, “our”, “us”) are committed to protecting your privacy and respect and uphold your rights under the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) ("Privacy Act"). By using this website or providing us with your personal information, you agree to and consent to the collection, use, holding and disclosure of personal information by Kogan as set out in this policy. To view the hotels.kogan.com privacy policy, please click here. 2. Personal information Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion. Personal information we may collect from you includes, without limitation, your name, address, email address, telephone number(s) and date of birth. Personal information also includes credit information. Credit information is personal information or an opinion about you that has a bearing on credit that has been provided to you or that you have applied for. Credit information includes information about credit that was applied for or provided to you for domestic, household, personal or other investment purposes as well as information about you where you are a guarantor of a loan. 3. Collection Kogan will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practical to do so, Kogan will only collect personal information about you directly from you. Kogan may collect your personal information from reputable third party lead generation sources for marketing purposes, but only where you have consented to the disclosure of your information to Kogan and for Kogan to send you marketing communications. Kogan will not collect personal information unless the information is reasonably necessary for our functions and activities. Personal information may be collected by Kogan in a number of circumstances, including when you: * make an enquiry with us via email or telephone; * visit our websites; * lodge an enquiry or application in relation to any Kogan products or services; or * apply for employment with Kogan. Kogan may enter into arrangements with third parties (including third parties with whom Kogan has partnered to provide you with its various products or services using the Kogan brand) to collect your personal information in circumstances where the third party notifies you, at the time of collection, that your personal information will be provided to Kogan. If you are applying for a product or service offered on Koganmoney.com.au, Kogan or our third party partners may also collect credit-related personal information about you as a result of credit checks that third parties carry out in connection with your application. The kinds of credit-related personal information Kogan may collect about you includes: * information about your identity; * information about consumer credit loans that you currently have applied for including: * repayment history information; * the type and amount of credit sought in each application; * default and payment information; * information about any court proceedings; * credit eligibility information, which is credit reporting information supplied to us by a credit reporting body, and any information that we derive from it. If you use a pseudonym when dealing with us or you do not provide identifiable information Kogan may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you. Kogan requires individuals to provide accurate, up-to-date and complete personal information at the time it is collected. 4. What does Kogan do with your personal information? In addition to any purpose notified to you at the time of collection Kogan uses your personal information for the purpose for which it has been provided, for reasonably related secondary purposes and for the purposes of: * providing our products and services to you; * providing Kogan branded products and services that are provided by our third party partners; * our internal management needs; * our marketing activities, including marketing activities relating to Kogan branded products and services that are provided by our third party partners; * responding to any inquiries or comments that you submit to us; * assessing, processing and managing your applications for Kogan products and services or Kogan branded products and services offered by our third party partners, including to assess your credit risk and our risk; * any other purpose you have consented to; and * any use which is required or authorised by law. 5. Disclosure of personal information Kogan may disclose your personal information: * to third-parties we ordinarily engage for the above purposes; * organisations that provide products or services used or marketed by Kogan; * any person or entity to whom you have consented to Kogan disclosing your personal information to; and * any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law. 6. Access and Management You may request access to your personal information in our customer account database, or seek correction of it, by contacting our customer service team. See section 8: Contact information. Kogan may charge a reasonable fee that is not excessive to cover the charges of retrieving your personal information from our customer account database. Kogan will not charge you for making the request. If you believe that Kogan holds personal information about you in our customer account database that is not accurate, complete, up-to-date, relevant or information that is misleading then you may request its amendment and Kogan will respond to your request within a reasonable time. Kogan will not charge you for correcting your personal information. If Kogan no longer needs your personal information for any the purposes set out in this policy, or as otherwise required by law, Kogan will take such steps as are reasonable in the circumstances to destroy the information or to de-identify it. Kogan will take reasonable steps to protect the personal information it holds from misuse, interference and loss and from unauthorised access, modification or disclosure. 7. Opting Out / Unsubscribe At any time you may opt out of receiving marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue. Each of our marketing emails will have an unsubscribe function which will allow you to unsubscribe from all future marketing communications. All of our marketing SMS messages will also contain an unsubscribe feature. Outside of these channels, you can opt out from receiving marketing communications at any time by emailing unsubscribe@kogan.com.au. 8. Cross-border disclosure Kogan may disclose your personal information to recipients overseas (including in the Philippines, Hong Kong and New Zealand) to assist Kogan in providing you with products or services. Kogan will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Australia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the Australian Privacy Principles. 9. Contact information If you require further information regarding this policy or wish to make a complaint about a breach of the APPs by Kogan, please contact us at unsubscribe@kogan.com.au or send mail to: Attn: Privacy Officer, Kogan, GPO Box 2579, Melbourne VIC 3001. Our office is located at 136 Buckhurst Street, South Melbourne, VIC 3205. A senior member of staff will review your complaint within 5 business days and respond to you in writing advising what action(s) Kogan will take as a result of your complaint. 10. Kogan website When transmitting personal information from your computer to a Kogan website or to a Kogan branded website operated by one of our third party partners, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, Kogan will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information. Kogan operated websites and Kogan branded websites operated by our third party partners may use "cookies" to help personalise your online experience and save you time across the Kogan Group websites (including, but not limited to Kogan.com, Dicksmith.com.au, Tandy.com.au, Koganinternet.com.au, Koganmobile.com.au, Kogansuper.com.au, Koganenergy.com.au, Koganinsurance.com.au, Koganhealth.com.au, Koganlifeinsurance.com.au, Kogansuper.com.au, Koganpetinsurance.com.au, Koganmoney.com.au, homeloans.koganmoney.com.au and Mattblatt.com.au). You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Kogan Group websites. Some Kogan Group websites are operated and maintained by third parties to whom Kogan has partnered with to provide you with their products and services under the Kogan brand. These websites will be subject to the website terms and conditions of the third party partner who operates the website, and any transactions you conduct on these websites will be between you and the third party partner. 11. Miscellaneous Kogan reserves the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the Kogan website. LinkedIn User Agreement Effective on August 11, 2020 Our mission is to connect the world’s professionals to allow them to be more productive and successful. Our services are designed to promote economic opportunity for our members by enabling you and millions of other professionals to meet, exchange ideas, learn, and find opportunities or employees, work, and make decisions in a network of trusted relationships. More information about how we use your content is in our User Agreement video Table of Contents: 1. Introduction 2. Obligations 3. Rights and Limits 4. Disclaimer and Limit of Liability 5. Termination 6. Governing Law and Dispute Resolution 7. General Terms 8. LinkedIn “Dos and Don’ts” 9. Complaints Regarding Content 10. How To Contact Us 1. Introduction 1.1 Contract When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information. You agree that by clicking “Join Now”, “Join LinkedIn”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with LinkedIn (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services. Services This Contract applies to LinkedIn.com, LinkedIn-branded apps, LinkedIn Learning and other LinkedIn-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads and the “Apply with LinkedIn” and “Share with LinkedIn” plugins. Registered users of our Services are “Members” and unregistered users are “Visitors”. LinkedIn You are entering into this Contract with LinkedIn (also referred to as “we” and “us”). We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. If you reside in the “Designated Countries”, you are entering into this Contract with LinkedIn Ireland Unlimited Company (“LinkedIn Ireland”) and LinkedIn Ireland will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. If you reside outside of the “Designated Countries”, you are entering into this Contract with LinkedIn Corporation (“LinkedIn Corp.”) and LinkedIn Corp. will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. This Contract applies to Members and Visitors. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates. 1.2 Members and Visitors When you register and join the LinkedIn Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.” 1.3 Change We may make changes to the Contract. We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date. 2. Obligations 2.1 Service Eligibility Here are some promises that you make to us in this Contract: You’re eligible to enter into this Contract and you are at least our “Minimum Age.” The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the “Minimum Age “Members who were below this new Minimum Age when they started using the Services under a previous User Agreement which had allowed certain persons under 16 to use the Services, may continue to use the Services. As of June 2017 persons under the age of 16 are not eligible to use our Services.” ” (described below) or older; (2) you will only have one LinkedIn account, which must be in your real name; and (3) you are not already restricted by LinkedIn from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for LinkedIn to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age. 2.2 Your Account You will keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account. 2.3 Payment You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy. If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that: * Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). * We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. * If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services. * All of your purchases of Services are subject to LinkedIn’s refund policy. * We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You can get a copy of your invoice through your LinkedIn account settings under “Purchase History”. 2.4 Notices and Messages You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. Please review your settings to control and limit messages you receive from us. 2.5 Sharing When you share information on our Services, others can see, copy and use that information. Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, links to news articles, job postings, messages and InMails. Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to LinkedIn connections, restricting your profile visibility from search engines, or opting not to notify others of your LinkedIn profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster. We are not obligated to publish any information or content on our Service and can remove it with or without notice. 3. Rights and Limits 3.1. Your License to LinkedIn You own all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it. We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads. As between you and LinkedIn, you own the content and information that you submit or post to the Services, and you are only granting LinkedIn and our affiliates Affiliates are companies controlling, controlled by or under common control with us, including, for example, LinkedIn Ireland, LinkedIn Corporation, LinkedIn Singapore and Microsoft Corporation. the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways: 1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. 2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actionse.g. likes, comments, follows, shares
may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings. 3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as "publicIncluding any “Public +” (e.g. public + twitter)
", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. Learn More 4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression. 5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license. You and LinkedIn agree that if content includes personal data, it is subject to our Privacy Policy. You and LinkedIn agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding our Services to LinkedIn, you agree that LinkedIn can use and share (but does not have to) such feedback for any purpose without compensation to you. You promise to only provide information and content that you have the right to share, and that your LinkedIn profile will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. LinkedIn may be required by law to remove certain information or content in certain countries. 3.2 Service Availability We may change or end any Service or modify our prices prospectively. We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law. We don’t promise to store or keep showing any information and content that you’ve posted. LinkedIn is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy. 3.3 Other Content, Sites and Apps Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. LinkedIn generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature. LinkedIn may help connect Members offering their services (career coaching, accounting, etc.) with Members seeking services. LinkedIn does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that LinkedIn does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) LinkedIn is not responsible for the offering, performance or procurement of these services, (2) LinkedIn does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between LinkedIn and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies. Similarly, LinkedIn may help you register for and/or attend events organized by Members and connect with other Members who are attendees at such events. You agree that (1) LinkedIn is not responsible for the conduct of any of the Members or other attendees at such events, (2) LinkedIn does not endorse any particular event listed on our Services, (3) LinkedIn does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events. 3.4 Limits We have the right to limit how you connect and interact on our Services. LinkedIn reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. LinkedIn reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies). 3.5 Intellectual Property Rights We’re providing you notice about our intellectual property rights. LinkedIn reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. LinkedIn, and “in” logos and other LinkedIn trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of LinkedIn. 3.6 Automated Processing We use data and information about you to make relevant suggestions to you and others. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant. 4. Disclaimer and Limit of Liability 4.1 No Warranty This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. LINKEDIN AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, LINKEDIN AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4.2 Exclusion of Liability These are the limits of legal liability we may have to you. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS LINKEDIN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), LINKEDIN, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LINKEDIN FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000. 4.3 Basis of the Bargain; Exclusions The limitations of liability in this Section 4 are part of the basis of the bargain between you and LinkedIn and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if LinkedIn or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract. 5. Termination We can each end this Contract, but some rights and obligations survive. Both you and LinkedIn may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: * Our rights to use and disclose your feedback; * Members and/or Visitors’ rights to further re-share content and information you shared through the Services; * Sections 4, 6, 7, and 8.2 of this Contract; * Any amounts owed by either party prior to termination remain owed after termination. You can visit our Help Center to close your account. 6. Governing Law and Dispute Resolution In the unlikely event we end up in a legal dispute, you and LinkedIn agree to resolve it in California courts using California law, or Dublin, Ireland courts using Irish law. This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. If you live in the Designated Countries We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. : You and LinkedIn Ireland agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and LinkedIn Ireland agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland. For others outside of Designated Countries, including those who live outside of the United States: You and LinkedIn agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and LinkedIn both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA, and you and LinkedIn each agree to personal jurisdiction in those courts. 7. General Terms Here are some important details about the Contract. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that LinkedIn has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that LinkedIn may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10. 8. LinkedIn “Dos and Don’ts” 8.1. Dos LinkedIn is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Services. You agree that you will: * Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; * Provide accurate information to us and keep it updated; * Use your real name on your profile; and * Use the Services in a professional manner. 8.2. Don’ts You agree that you will not: * Create a false identity on LinkedIn, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account; * Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; * Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views); * Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of LinkedIn; * Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)); * Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license; * Violate the intellectual property or other rights of LinkedIn, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “LinkedIn” or our logos in any business name, email, or URL except as provided in the Brand Guidelines; * Post anything that contains software viruses, worms, or any other harmful code; * Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source; * Imply or state that you are affiliated with or endorsed by LinkedIn without our express consent (e.g., representing yourself as an accredited LinkedIn trainer); * Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without LinkedIn’s consent; * Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without LinkedIn’s consent; * Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; * Monitor the Services’ availability, performance or functionality for any competitive purpose; * Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; * Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); * Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or * Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, and the Bing Maps terms where applicable. 9. Complaints Regarding Content Contact information for complaint about content provided by our Members. We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members. 10. How To Contact Us Our Contact information. Our Help Center also provides information about our Services. For general inquiries, you may contact us online. For legal notices or service of process, you may write us at these addresses. LinkedIn Privacy Policy To learn more about Privacy at LinkedIn please visit our Privacy Hub. Effective August 11, 2020 Our Privacy Policy has been updated. Your Privacy Matters LinkedIn’s mission is to connect the world’s professionals to allow them to be more productive and successful. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared. This Privacy Policy applies when you use our Services (described below). We offer our users choices about the data we collect, use and share as described in this Privacy Policy, Cookie Policy, Settings Settings are available to Members of LinkedIn and Visitors are provided controls. Learn More and our Help Center. View our Privacy Policy video Table of Contents: * Introduction * Data We Collect * How We Use Your Data * How We Share Information * Your Choices & Obligations * Other Important Information Introduction We are a social network and online platform for professionals. People use our Services to find and be found for business opportunities, to connect with others and find information. Our Privacy Policy applies to any Member or Visitor to our Services Our registered users (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, learn and develop skills, and find business and career opportunities. Content and data on some of our Services is viewable to non-members (“Visitors”). We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland. Services This Privacy Policy, including our Cookie Policy applies to your use of our Services. This Privacy Policy applies to LinkedIn.com, LinkedIn-branded apps, LinkedIn Learning and other LinkedIn-related sites, apps, communications and services (“Services”), including off-site Services, such as our ad services and the “Apply with LinkedIn” and “Share with LinkedIn” plugins, but excluding services that state that they are offered under a different privacy policy. For California residents, additional disclosures required by California law may be found in our California Privacy Disclosure. Data Controllers and Contracting Parties If you are in the “Designated Countries”, LinkedIn Ireland Unlimited Company (“LinkedIn Ireland”) will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. If you are outside of the Designated Countries, LinkedIn Corporation will be the controller of your personal data provided to, or collected by or for, or processed in connection with, our Services. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and other documents referenced in this Privacy Policy, as well as updates. Change Changes to the Privacy Policy apply to your use of our Services after the “effective date.” LinkedIn (“we” or “us”) can modify this Privacy Policy, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy, as of its effective date. 1. Data We Collect 1.1 Data You Provide To Us You provide data to create an account with us. Registration To create an account you need to provide data including your name, email address and/or mobile number, and a password. If you register for a premium Service, you will need to provide payment (e.g., credit card) and billing information. You create your LinkedIn profile (a complete profile helps you get the most from our Services). Profile You have choices about the information on your profile, such as your education, work experience, skills, photo, city or area and endorsements. Some Members may choose to complete a separate ProFinder profile. You don’t have to provide additional information on your profile; however, profile information helps you to get more from our Services, including helping recruiters and business opportunities find you. It’s your choice whether to include sensitive information We do not require Members to include sensitive data (e.g., race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual orientation or criminal record) in their LinkedIn profile. If you choose to post any such data, it is visible to others like the rest of the profile information you provide. on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to be publicly available. You give other data to us, such as by syncing your address book or calendar. Posting and Uploading We collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, (e.g., with demographic data or salary), respond to a survey, or submit a resume or fill out a job application on our Services. If you opt to import your address book, we receive your contacts (including contact information your service provider(s) or app automatically added to your address book when you communicated with addresses or numbers not already in your list). If you sync your contacts or calendars with our Services, we will collect your address book and calendar meeting information to keep growing your network by suggesting connections for you and others, and by providing information about events, e.g. times, places, attendees and contacts. You don’t have to post or upload personal data; though if you don’t, it may limit your ability to grow and engage with your network over our Services. 1.2 Data From Others Others may post or write about you. Content and News You and others may post content that includes information about you (as part of articles, posts, comments, videos) on our Services. We also may collect public information about you, such as professional-related news and accomplishments, and make it available as part of our Services, including, as permitted by your settings, in notifications to others of mentions in the news. Others may sync their contacts or calendar with our Services. Contact and Calendar Information We receive personal data (including contact information) about you when others import or sync their contacts or calendar with our Services, associate their contacts with Member profiles, scan and upload business cards, or send messages using our Services (including invites or connection requests). If you or others opt-in to sync email accounts with our Services, we will also collect “email header” information that we can associate with Member profiles. Customers and partners may provide data to us. Partners We receive personal data (e.g., your job title and work email address) about you when you use the services of our customers and partners, such as employers or prospective employers and applicant tracking systems providing us job application data. Related Companies and Other Services We receive data about you when you use some of the other services provided by us or our affiliates Affiliates are companies controlling, controlled by or under common control with us, including, for example, LinkedIn Ireland, LinkedIn Corporation, LinkedIn Singapore and Microsoft Corporation. , including Microsoft. For example, you may choose to send us information about your contacts in Microsoft apps and services, such as Outlook, for improved professional networking activities on our Services. 1.3 Service Use We log your visits and use of our Services, including mobile apps. We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content (e.g., learning video) or ads (on or off our sites and apps), perform a search, install or update one of our mobile apps, share articles or apply for jobs. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify you and log your use. 1.4 Cookies and Similar Technologies We collect data through cookies and similar technologies. As further described in our Cookie Policy The Cookie Policy describes the use of cookies and similar technologies. , we use cookies and similar technologies (e.g., pixels and ad tags) to collect data (e.g., device IDs) to recognize you and your device(s) on, off and across different services and devices where you have engaged with our Services. We also allow some others to use cookies as described in our Cookie Policy. If you are outside the Designated Countries, we also collect (or rely on others who collect) information about your device where you have not engaged with our Services (e.g., ad ID, IP address, operating system and browser information) so we can provide our Members with relevant ads and better understand their effectiveness. Learn more. You can opt out from our use of data from cookies and similar technologies that track your behavior on the sites of others for ad targeting and other ad-related purposes. For Visitors, the controls are here. 1.5 Your Device and Location We receive data from your devices and networks, including location data. When you visit or leave our Services (including some plugins and our cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to and the time of your visit. We also get information about your network and device (e.g., IP address, proxy server, operating system, web browser and add-ons, device identifier and features, cookie IDs and/or ISP, or your mobile carrier). If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools e.g. bluetooth to identify your precise location. 1.6 Messages If you communicate through our Services, we learn about that. We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a LinkedIn connection request, we track whether you have acted on it and will send you reminders. We also use automatic scanning technology on messages to support and protect our site. For example, we use this technology to suggest possible responses to messages and to manage or block content that violates our User Agreement or Professional Community Policies from our Services. 1.7 Workplace and School Provided Information When your organization (e.g., employer or school) buys a premium Service for you to use, they give us data about you. Others buying our Services for your use, such as your employer or your school, provide us with personal data about you and your eligibility to use the Services that they purchase for use by their workers, students or alumni. For example, we will get contact information for “Company Page” administrators and for authorizing users of our premium Services, such as our recruiting, sales or learning products. 1.8 Sites and Services of Others We get data when you visit sites that include our ads, cookies or some of our plugins or when you log-in to others’ services with your LinkedIn account. We receive information about your visits and interaction with services provided by others when you log-in with LinkedIn or visit others’ services that include some of our plugins (such as “Apply with LinkedIn”) or our ads, cookies or similar technologies 1.9 Other We are improving our Services, which means we get new data and create new ways to use data. Our Services are dynamic, and we often introduce new features, which may require the collection of new information. If we collect materially different personal data or materially change how we collect, use or share your data, we will notify you and may also modify this Privacy Policy. 2. How We Use Your Data We use your data to provide, support, personalize and develop our Services. How we use your personal data will depend on which Services you use, how you use those Services and the choices you make in your settings. We use the data that we have about you to provide and personalize our Services, including with the help of automated systems and inferences we make, so that our Services (including ads) can be more relevant and useful to you and others. 2.1 Services Our Services help you connect with others, find and be found for work and business opportunities, stay informed, get training and be more productive. We use your data to authorize access to our Services and honor your settings. Stay Connected Our Services allow you to stay in touch and up to date with colleagues, partners, clients, and other professional contacts. To do so, you can “connect” with the professionals who you choose, and who also wish to “connect” with you. Subject to your and their settings, when you connect with other Members, you will be able to search each others’ connections in order to exchange professional opportunities. We use data about you (such as your profile, profiles you have viewed or data provided through address book uploads or partner integrations) to help others find your profile, suggest connections for you and others (e.g. Members who share your contacts or job experiences) and enable you to invite others to become a Member and connect with you. You can also opt-in to allow us to use your precise location or proximity to others for certain tasks (e.g. to suggest other nearby Members for you to connect with, calculate the commute to a new job, or notify your connections that you are at a professional event). It is your choice whether to invite someone to our Services, send a connection request, or allow another Member to become your connection. When you invite someone to connect with you, your invitation will include your network and basic profile information (e.g., name, profile photo, job title, region). We will send invitation reminders to the person you invited. You can choose whether or not to share your own list of connections with your connections. Visitors have choices about how we use their data. Stay Informed Our Services allow you to stay informed about news, events and ideas regarding professional topics you care about, and from professionals you respect. Our Services also allow you to improve your professional skills, or learn new ones. We use the data we have about you (e.g., data you provide, data we collect from your engagement with our Services and inferences we make from the data we have about you), to personalize our Services for you, such as by recommending or ranking relevant content and conversations on our Services. We also use the data we have about you to suggest skills you could add to your profile and skills that you might need to pursue your next opportunity. So, if you let us know that you are interested in a new skill (e.g., by watching a learning video), we will use this information to personalize content in your feed, suggest that you follow certain members on our site, or suggest related learning content to help you towards that new skill. We use your content, activity and other data, including your name and photo, to provide notices to your network and others. For example, subject to your settings, we may notify others that you have updated your profile, posted content, took a social action e.g. like, comment, follow, share , used a feature, made new connections or were mentioned in the news. Career Our Services allow you to explore careers, evaluate educational opportunities, and seek out, and be found for, career opportunities. Your profile can be found by those looking to hire (for a job or a specific task) or be hired by you. We will use your data to recommend jobs or mentees, show you and others relevant professional contacts (e.g., who work at a company, in an industry, function or location or have certain skills and connections). You can signal that you are interested in changing jobs and share information with recruiters. We will use your data to recommend jobs to you and you to recruiters. We may use automated systems to provide content and recommendations to help make our Services more relevant to our Members, Visitors and customers. Keeping your profile accurate and up-to-date may help you better connect to others and to opportunities through our Services. Productivity Our Services allow you to collaborate with colleagues, search for potential clients, customers, partners and others to do business with. Our Services allow you to communicate with other Members and schedule and prepare meetings with them. If your settings allow, we scan messages to provide “bots” or similar tools that facilitate tasks such as scheduling meetings, drafting responses, summarizing messages or recommending next steps. Learn more. 2.2 Premium Services Our premium Services help paying users to search for and contact Members through our Services, such as searching for and contacting job candidates, sales leads and co-workers, manage talent and promote content through social media. We sell premium Services that provide our customers and subscribers with customized-search functionality and tools (including messaging and activity alerts) as part of our talent, marketing and sales solutions. Customers can export limited information from your profile, such as name, headline, current company, current title, and general location (e.g., Dublin), such as to manage sales leads or talent, unless you opt-out. We do not provide contact information to customers as part of these premium Services without your consent. Premium Services customers can store information they have about you in our premium Services, such as a resume or contact information or sales history. The data stored about you by these customers is subject to the policies of those customers. Other enterprise Services and features that use your data include TeamLink and Elevate (social promotion of content). 2.3 Communications We contact you and enable communications between Members. We offer settings to control what messages you receive and how often you receive some types of messages. We will contact you through email, mobile phone, notices posted on our websites or apps, messages to your LinkedIn inbox, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, security, or other service-related issues. We also send messages about how to use our Services, network updates, reminders, job suggestions and promotional messages from us and our partners. You may change your communication preferences at any time. Please be aware that you cannot opt out of receiving service messages from us, including security and legal notices. We also enable communications between you and others through our Services, including for example invitations, InMail, groups and messages between connections. 2.4 Advertising We serve you tailored ads both on and off our Services. We offer you choices regarding personalized ads, but you cannot opt-out of seeing other ads. We target (and measure the performance of) ads to Members, Visitors and others both on and off our Services directly or through a variety of partners Partners include ad networks, exchanges and others , using the following data, whether separately or combined: * Data from advertising technologies on and off our Services, pixels, ad tags, cookies, and device identifiers; * Member-provided information (e.g., profile, contact information, title and industry); * Data from your use of our Services (e.g., search history, feed, content you read, who you follow or is following you, connections, groups participation, page visits, videos you watch, clicking on an ad, etc.), including as described in Section 1.3; * Information from advertising partners, vendors and publishers ; and * Information inferred from data described above (e.g., using job titles from a profile to infer industry, seniority, and compensation bracket; using graduation dates to infer age or using first names or pronoun usage to infer gender; using your feed activity to infer your interests; or using device data to recognize you as a Member). We will show you ads called sponsored content which look similar to non-sponsored content, except that they are labeled as advertising (e.g., as “ad” or “sponsored”). If you take a social action (such as like, comment or share) on these ads, your action is associated with your name and viewable by others, including the advertiser. Subject to your settings, if you take a social action on the LinkedIn Services, that action For example, when you like a company, we may include your name and photo when their sponsored content is shown to your connections. may be mentioned with related ads. Ad Choices We adhere to self-regulatory principles for interest-based advertising and participate in industry opt-outs from such ads. This does not opt you out of receiving advertising; you will continue to get other ads by advertisers not listed with these self regulatory tools. You can also opt-out specifically from our uses of certain categories of data to show you more relevant ads. For Visitors, the setting is here. Info to Ad Providers We do not share your personal data with any third-party advertisers or ad networks except for: (i) hashed IDs or device identifiers (to the extent they are personal data in some countries); (ii) with your separate permission (e.g., in a lead generation form) or (iii) data already visible to any users of the Services (e.g., profile). However, if you view or click on an ad on or off our Services, the ad provider will get a signal that someone visited the page that displayed the ad, and they may, through the use of mechanisms such as cookies, determine it is you. Advertising partners can associate personal data collected by the advertiser directly from you with hashed IDs or device identifiers received from us. In such instances, we seek to contractually require such advertising partners to obtain your explicit, opt-in consent before doing so. 2.5 Marketing We promote our Services to you and others. In addition to advertising our Services, we use Members’ data and content for invitations and communications promoting membership and network growth, engagement and our Services, such as by showing your connections that you have used a feature on our Services. 2.6 Developing Services and Research We develop our Services and conduct research. Service Development We use data, including public feedback, to conduct research and development for our Services in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth and engagement on our Services, and help connect professionals to each other and to economic opportunity. Other Research We seek to create economic opportunity for Members of the global workforce and to help them be more productive and successful. We use the personal data available to us to research social, economic and workplace trends, such as jobs availability and skills needed for these jobs and policies that help bridge the gap in various industries and geographic areas. In some cases, we work with trusted third parties to perform this research, under controls that are designed to protect your privacy. We publish or allow others to publish economic insights, presented as aggregated data rather than personal data. Surveys Polls and surveys are conducted by us and others through our Services. You are not obligated to respond to polls or surveys, and you have choices about the information you provide. You may opt-out of survey invitations. 2.7 Customer Support We use data to help you and fix problems. We use data (which can include your communications) to investigate, respond to and resolve complaints and for Service issues (e.g., bugs). 2.8 Insights That Do Not Identify You We use data to generate insights that do not identify you. We use your data to produce and share insights that do not identify you. For example, we may use your data including inferences drawn from data about you such as your age or gender to generate statistics about our members, their profession or industry, to calculate ad impressions served or clicked on, or to publish visitor demographics for a Service or create demographic workforce insights. 2.9 Security and Investigations We use data for security, fraud prevention and investigations. We use your data (including your communications) for security purposes or to prevent or investigate possible fraud or other violations of our User Agreement and/or attempts to harm our Members,Visitors or others. 3. How We Share Information 3.1 Our Services Any data that you include on your profile and any content you post or social action (e.g., likes, follows, comments, shares) you take on our Services will be seen by others, consistent with your settings. Profile Your profile is fully visible to all Members and customers of our Services. Subject to your settings, it can also be visible to others on or off of our Services (e.g., Visitors to our Services or users of third- party search engines). As detailed in our Help Center, your settings, degree of connection with the viewing Member, the subscriptions they may have, their usage of our Services, access channels and search types (e.g., by name or by keyword) impact the availability of your profile and whether they can view certain fields in your profile. Posts, Likes, Follows, Comments, Messages Our Services allow viewing and sharing information including through posts, likes, follows and comments. * When you share an article or a post (e.g., an update, image, video or article) publicly it can be viewed by everyone and re-shared anywhere (subject to your settings). Members, Visitors and others will be able to find and see your publicly-shared content, including your name (and photo if you have provided one). * In a group, posts are visible to others in the group. Your membership in groups is public and part of your profile, but you can change visibility in your settings. * Any information you share through companies’ or other organizations’ pages on our Services will be viewable by it and others who visit those pages. * When you follow a person or organization, you are visible to others and that “page owner” as a follower. * We let senders know when you act on their message, subject to your settings where applicable. * Subject to your settings, we let a Member know when you view their profile. * When you like or re-share or comment on another’s content (including ads), others will be able to view these “social actions” and associate it with you (e.g., your name, profile and photo if you provided it). Your employer can see how you use Services they provided for your work (e.g. as a recruiter or sales agent) and related information. We will not show them your job searches or personal messages. Enterprise Accounts Your employer may offer you access to our enterprise Services such as Recruiter, Sales Navigator, LinkedIn Learning or our advertising Campaign Manager. Your employer can review and manage your use of such enterprise Services. Depending on the enterprise Service, before you use such Service, we will ask for permission to share with your employer relevant data from your profile or use of our non-enterprise Services. For example, users of Sales Navigator will be asked to share their “social selling index”, a score calculated in part based on their personal account activity. We understand that certain activities such as job hunting and personal messages are sensitive, and so we do not share those with your employer unless you choose to share it with them through our Services (for example, by applying for a new position in the same company or mentioning your job hunting in a message to a co-worker through our Services). Subject to your settings, when you use workplace tools and services (e.g., interactive employee directory tools) certain of your data may also be made available to your employer or be connected with information we receive from your employer to enable these tools and services. 3.2 Communication Archival Regulated Members may need to store communications outside of our Service. Some Members (or their employers) need, for legal or professional compliance, to archive their communications and social media activity, and will use services of others to provide these archival services. We enable archiving of messages by and to those Members outside of our Services. For example, a financial advisor needs to archive communications with her clients through our Services in order to maintain her professional financial advisor license. 3.3 Others’ Services You may link your account with others’ services so that they can look up your contacts’ profiles, post your shares on such platforms, or enable you to start conversations with your connections on such platforms. Excerpts from your profile will also appear on the services of others. Subject to your settings, other services may look up your profile. When you opt to link your account with other services, personal data will become available to them. The sharing and use of that personal data will be described in, or linked to, a consent screen when you opt to link the accounts. For example, you may link your Twitter or WeChat account to share content from our Services into these other services, or your email provider may give you the option to upload your LinkedIn contacts into its own service. Third-party services have their own privacy policies, and you may be giving them permission to use your data in ways we would not. You may revoke the link with such accounts. Subject to your settings, excerpts from your profile will appear on the services of others (e.g., search engine results, mail and calendar applications that show a user limited profile data of the person they are meeting or messaging, social media aggregators For example, company page administrators may manage their brand's online presence by aggregating users' comments and other social actions across social networks and see their basic profiles in that context. , talent and lead managers). “Old” profile information remains on these services until they update their data cache with changes you made to your profile. 3.4 Related Services We share your data across our different Services and LinkedIn affiliated entities. We will share your personal data with our affiliates to provide and develop our Services. We may combine information internally across the different Services covered by this Privacy Policy to help our Services be more relevant and useful to you and others. For example, we may personalize your feed or job recommendations based on your learning history. 3.5 Service Providers We may use others to help us with our Services. We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes. 3.6 Legal Disclosures We may need to share your data when we believe it’s required by law or to help protect the rights and safety of you, us or others. It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you; (3) investigate and defend ourselves against any third-party claims or allegations; (4) protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or (5) exercise or protect the rights and safety of LinkedIn, our Members, personnel or others. We attempt to notify Members about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand. To learn more see our Data Request Guidelines and Transparency Report. 3.7 Change in Control or Sale We may share your data when our business is sold to others, but it must continue to be used in accordance with this Privacy Policy. We can also share your personal data as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise. 4. Your Choices & Obligations 4.1 Data Retention We keep most of your personal data for as long as your account is open. We generally retain your personal data as long as you keep your account open or as needed to provide you Services. This includes data you or others provided to us and data generated or inferred from your use of our Services. Even if you only use our Services when looking for a new job every few years, we will retain your information and keep your profile open, unless you close your account. In some cases we choose to retain certain information (e.g., insights about Services use) in a depersonalized or aggregated form. 4.2 Rights to Access and Control Your Personal Data You can access or delete your personal data. You have many choices about how your data is collected, used and shared. We provide many choices about the collection, use and sharing of your data, from deleting or correcting data you include in your profile and controlling the visibility of your posts to advertising opt-outs and communication controls. We offer you settings to control and manage the personal data we have about you. For personal data that we have about you, you can: * Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide Services to you). * Change or Correct Data: You can edit some of your personal data through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate. * Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held). * Right to Access and/or Take Your Data: You can askHow to do this: Members may go to their settings to make requests.
us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form. Visitors can learn more about how to make these requests here. You may also contact us using the contact information below, and we will consider your request in accordance with applicable laws. Residents in the Designated Countries and other regions may have additional rights under their laws. 4.3 Account Closure We keep some of your data even after you close your account. If you choose to close your Linkedin account, your personal data will generally stop being visible to others on our Services within 24 hours. We generally delete closed account information within 30 days of account closure, except as noted below. We retain your personal data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted your account for breach of our Professional Community Policies), enforce our User Agreement, or fulfill your request to "unsubscribe" from further messages from us. We will retain de-personalized information after your account has been closed. Information you have shared with others (e.g., through InMail, updates or group posts) will remain visible after you close your account or delete the information from your own profile or mailbox, and we do not control data that other Members have copied out of our Services. Groups content and ratings or review content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache. 5. Other Important Information 5.1. Security We monitor for and try to prevent security breaches. Please use the security features available through our Services. We implement security safeguards designed to protect your data, such as HTTPS. We regularly monitor our systems for possible vulnerabilities and attacks. However, we cannot warrant the security of any information that you send us. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Please visit our Safety Center for additional information about safely using our Services, including two-factor authentication. 5.2. Cross-Border Data Transfers We store and use your data outside your country. We process data both inside and outside of the United States and rely on legally-provided mechanisms to lawfully transfer data across borders. Learn more. Countries where we process data may have laws which are different from, and potentially not as protective as, the laws of your own country. 5.3 Lawful Bases for Processing We have lawful bases to collect, use and share data about you. You have choices about our use of your data. At any time, you can withdraw consent you have provided by going to settings. We will only collect and process personal data about you where we have lawful bases. Lawful bases include consent Where we process data based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal. Where we rely on contract, we will ask that you agree to the processing of personal data that is necessary for entering into or performance of your contract with us. We will rely on legitimate interests as a basis for data processing where the processing of your data is not overridden by your interests or fundamental rights and freedoms. (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g., to deliver the LinkedIn Services you have requested) and “legitimate interests.” Learn more. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. Learn More. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer here. 5.4. Direct Marketing and Do Not Track Signals Our statements regarding direct marketing and “do not track” signals. We currently do not share personal data with third parties for their direct marketing purposes without your permission. Learn more about this and about our response to “do not track” signals. 5.5. Contact Information You can contact us or use other options to resolve any complaints. If you have questions or complaints regarding this Policy, please first contact LinkedIn online. You can also reach us by physical mail. If contacting us does not resolve your complaint, you have more options. Residents in the Designated Countries and other regions may also have the right to contact our Data Protection Officer here.If this does not resolve your complaint, Residents in the Designated Countries We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland and other regions may have more options under their laws. LinkedIn Cookie Policy Effective on October 1, 2020 At LinkedIn, we believe in being clear and open about how we collect and use data related to you. This Cookie Policy applies to any LinkedIn product or service that links to this policy or incorporates it by reference. We use cookies and similar technologies such as pixels, local storage and mobile ad IDs (collectively referred to in this policy as “cookies”) to collect and use data as part of our Services, as defined in our Privacy Policy (“Services”). What technologies are used? ENTER A SUMMARY Type of technology Description Cookies A cookie is a small file placed onto your device that enables LinkedIn features and functionality. Any browser visiting our sites may receive cookies from us or cookies from third parties such as our customers, partners or service providers. We or third parties may also place cookies in your browser when you visit non-LinkedIn sites that display ads or that host our plugins or tags.   We use two types of cookies: persistent cookies and session cookies. A persistent cookie lasts beyond the current session and is used for many purposes, such as recognizing you as an existing user, so it’s easier to return to LinkedIn and interact with our Services without signing in again. Since a persistent cookie stays in your browser, it will be read by LinkedIn when you return to one of our sites or visit a third party site that uses our Services. Session cookies last only as long as the session (usually the current visit to a website or a browser session). Pixels A pixel is a tiny image that may be embedded within web pages and emails, requiring a call (which provides device and visit information) to our servers in order for the pixel to be rendered in those web pages and emails. We use pixels to learn more about your interactions with email content or web content, such as whether you interacted with ads or posts. Pixels can also enable us and third parties to place cookies on your browser. Local storage Local storage enables a website or application to store information locally on your device(s). Local storage may be used to improve the LinkedIn experience, for example, by enabling features, remembering your preferences and speeding up site functionality. Other similar technologies We also use other tracking technologies, such as mobile advertising IDs and tags for similar purposes as described in this Cookie Policy. Our cookie tables list some of the cookies that are used by us and third parties as part of our Services. Please note that these tables may be updated from time to time to provide you with the latest information. What are these technologies used for? Below we describe the ways in which we may use cookies. ENTER SUMMARY Purpose Description Authentication We use cookies to recognize you when you visit our Services.   If you’re signed into LinkedIn, cookies help us show you the right information and personalize your experience in line with your settings. Security We use cookies to make your interactions with our Services faster, more secure and to help us detect malicious activity and violations of our User Agreement. Preferences, features and services We use cookies to enable the functionality of our Services, and provide you with features, insights and customized content. We also use these technologies to remember information about your browser and your preferences. Functional We use cookies to improve your experience on our Services. Plugins on and off LinkedIn We use cookies to enable LinkedIn plugins both on and off the LinkedIn sites.   Our plugins may be found on LinkedIn or third-party sites, such as the sites of our customers and partners. If you interact with a plugin, the plugin will use cookies to identify you and initiate your request.   You can learn more about plugins here. Personalized Advertising Cookies help us show you relevant advertising, both on and off our Services and measure the performance of such ads and report on it. We use cookies to learn whether content has been shown to you or whether someone who was presented with an ad later came back and took an action (e.g., downloaded a white paper or made a purchase) on another site. Similarly, our partners or service providers may use cookies to determine whether we’ve shown an ad or a post and how it performed or provide us with information about how you interact with ads.   We may also work with our customers and partners to show you an ad on or off LinkedIn, such as after you’ve visited a customer’s or partner’s site or application.   For further information regarding the use of cookies for advertising purposes, please see Sections 1.4 and 2.4 of the Privacy Policy. Analytics and research Cookies help us learn more about how well our Services and plugins perform in different locations. We or our service providers use cookies to understand, improve, and research products, features and services, including as you navigate through our sites or when you access LinkedIn from other sites, applications or devices. We or our service providers, use cookies to determine and measure the performance of ads or posts on and off LinkedIn and to learn whether you have interacted with our or our customers’ websites, content or emails and provide analytics based on those interactions.   We also use cookies to provide aggregated information to our customers and partners as part of our Services.   If you are a LinkedIn member but logged out of your account on a browser, LinkedIn may still continue to log your interaction with our Services on that browser for up to 30 days in order to generate usage analytics for our Services. We may share these analytics in aggregate form with our customers. What third parties use these technologies in connection with our Services? Third parties such as our customers, partners and service providers may use cookies in connection with our Services. For example, third parties may use cookies in their LinkedIn pages, job posts and their advertisements on and off LinkedIn for their own marketing purposes. For an illustration, please visit LinkedIn’s Help Center. Third parties may also use cookies in connection with our off-site Services, such as LinkedIn ad services. Third parties may use cookies to help us to provide our Services. We may also work with third parties for our own marketing purposes and to enable us to analyze and research our Services. Your Choices You have choices on how LinkedIn uses cookies. Please note that if you limit the ability of LinkedIn to use cookies, you may worsen your overall user experience, since it may no longer be as personalized to you. It may also stop you from saving customized settings like login information. Targeted Advertising As described here, you have choices regarding the use of your personal data for targeted advertising. Some mobile device operating systems such as Android and iOS provide the ability to control the use of mobile advertising IDs for ads personalization. You can learn how to use these controls by visiting the manufacturer’s website for both Android and iOS. Browser Controls Most browsers allow you to control cookies through their settings, which may be adapted to reflect your consent to the use of cookies. Further, most browsers also enable you to review and erase cookies, including LinkedIn cookies. To learn more about browser controls, please consult the documentation that your browser manufacturer provides. Manage Cookie Preferences Where required, we enable you to reject the use of certain cookies for purposes such as advertising and analytics and research, by visiting your cookie settings, without affecting the lawfulness of processing based on your consent before its withdrawal. For members, your settings can be found here. For guests, your settings can be found here. You can change your preferences at any time by visiting these settings. Learn more. What is Do Not Track (DNT)? DNT is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. As such, LinkedIn does not generally respond to “do not track” signals. Other helpful resources To learn more about advertisers’ use of cookies, please visit the following links: * Internet Advertising Bureau (US) * European Interactive Digital Advertising Alliance (EU) * Internet Advertising Bureau (EU) Instagram Terms of Use Welcome to Instagram! These Terms of Use (or “Terms”) govern your use of Instagram, except where we expressly state that separate terms (and not these) apply, and provide information about the Instagram Service (the “Service”), outlined below. When you create an Instagram account or use Instagram, you agree to these terms. The Facebook Terms of Service do not apply to this Service. The Instagram Service is one of the Facebook Products, provided to you by Facebook, Inc. These Terms of Use therefore constitute an agreement between you and Facebook, Inc. The Instagram Service We agree to provide you with the Instagram Service. The Service includes all of the Instagram products, features, applications, services, technologies, and software that we provide to advance Instagram's mission: To bring you closer to the people and things you love. The Service is made up of the following aspects: * Offering personalized opportunities to create, connect, communicate, discover, and share.
People are different. We want to strengthen your relationships through shared experiences you actually care about. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you. Part of that is highlighting content, features, offers, and accounts you might be interested in, and offering ways for you to experience Instagram, based on things you and others do on and off Instagram. * Fostering a positive, inclusive, and safe environment.
We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with other Facebook Companies or law enforcement. Learn more in the Data Policy. * Developing and using technologies that help us consistently serve our growing community.
Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service. * Providing consistent and seamless experiences across other Facebook Company Products.
Instagram is part of the Facebook Companies, which share technology, systems, insights, and information-including the information we have about you (learn more in the Data Policy) in order to provide services that are better, safer, and more secure. We also provide ways to interact across the Facebook Company Products that you use, and designed systems to achieve a seamless and consistent experience across the Facebook Company Products. * Ensuring access to our Service.
To operate our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service. This infrastructure may be owned or operated by Facebook Inc., Facebook Ireland Limited, or their affiliates. * Connecting you with brands, products, and services in ways you care about.
We use data from Instagram and other Facebook Company Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Instagram. * Research and innovation.
We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community. How Our Service Is Funded Instead of paying to use Instagram, by using the Service covered by these Terms, you acknowledge that we can show you ads that businesses and organizations pay us to promote on and off the Facebook Company Products. We use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. We show you relevant and useful ads without telling advertisers who you are. We don’t sell your personal data. We allow advertisers to tell us things like their business goal and the kind of audience they want to see their ads. We then show their ad to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Instagram. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. Learn more about how Instagram ads work here. You may see branded content on Instagram posted by account holders who promote products or services based on a commercial relationship with the business partner mentioned in their content. You can learn more about this here. The Data Policy Providing our Service requires collecting and using your information. The Data Policy explains how we collect, use, and share information across the Facebook Products. It also explains the many ways you can control your information, including in the Instagram Privacy and Security Settings. You must agree to the Data Policy to use Instagram. Your Commitments In return for our commitment to provide the Service, we require you to make the below commitments to us. Who Can Use Instagram. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Instagram community. * You must be at least 13 years old or the minimum legal age in your country to use Instagram. * You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing. * We must not have previously disabled your account for violation of law or any of our policies. * You must not be a convicted sex offender. How You Can't Use Instagram. Providing a safe and open Service for a broad community requires that we all do our part. * You can't impersonate others or provide inaccurate information.
You don't have to disclose your identity on Instagram, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission. * You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose. * You can't violate (or help or encourage others to violate) these Terms or our policies, including in particular the Instagram Community Guidelines, Facebook Platform Terms and Developer Policies, and Music Guidelines.
If you post branded content, you must comply with our Branded Content Policies, which require you to use our branded content tool. Learn how to report conduct or content in our Help Center. * You can't do anything to interfere with or impair the intended operation of the Service.
This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals. * You can't attempt to create accounts or access or collect information in unauthorized ways.
This includes creating accounts or collecting information in an automated way without our express permission. * You can’t sell, license, or purchase any account or data obtained from us or our Service.
This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Instagram usernames, passwords, or misappropriate access tokens. * You can't post someone else’s private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share. Learn more, including how to report content that you think infringes your intellectual property rights, here. * You can’t modify, translate, create derivative works of, or reverse engineer our products or their components. * You can't use a domain name or URL in your username without our prior written consent. Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service. * We do not claim ownership of your content, but you grant us a license to use it.
Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center. * Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Facebook Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Instagram. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings. * You agree that we can download and install updates to the Service on your device. Additional Rights We Retain * If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user). * If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours). * You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission. * You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us. Content Removal and Disabling or Terminating Your Account * We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies (including our Instagram Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our Instagram Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Service, remove or block content or information shared on our Service, or to stop providing all or part of the Service if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. * Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted. Our Agreement and What Happens if We Disagree Our Agreement. * Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Facebook Platform Terms and Developer Policies. If you use certain other features or related services, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern. * If any aspect of this agreement is unenforceable, the rest will remain in effect. * Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver. * We reserve all rights not expressly granted to you. Who Has Rights Under this Agreement. * This agreement does not give rights to any third parties. * You cannot transfer your rights or obligations under this agreement without our consent. * Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. Who Is Responsible if Something Happens. * Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. * We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. * Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. How We Will Handle Disputes. If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Facebook Inc. may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim. Unsolicited Material. We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential. Updating These Terms We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here. Revised: December 20, 2020 Instagram Data Policy This policy describes the information we process to support Facebook, Instagram, Messenger and other products and features offered by Facebook (Facebook Products or Products). You can find additional tools and information in the Facebook Settings and Instagram Settings. I. What kinds of information do we collect? To provide the Facebook Products, we must process information about you. The types of information we collect depend on how you use our Products. You can learn how to access and delete information we collect by visiting the Facebook Settings and Instagram Settings. Things you and others do and provide. * Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide, such as our camera, so we can do things like suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications you and others provide to analyze context and what's in them for the purposes described below. Learn more about how you can control who can see the things you share. * Data with special protections: You can choose to provide information in your Facebook profile fields or Life Events about your religious views, political views, who you are "interested in," or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country. * 
 * Networks and connections. We collect information about the people, Pages, accounts, hashtags and groups you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
 * Your usage. We collect information about how you use our Products, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features like our camera.
 * Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
 * Things others do and information they provide about you. We also receive and analyze content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.
 Device Information As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. For example, we use information collected about your use of our Products on your phone to better personalize the content (including ads) or features you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device. Information we obtain from these devices includes: * Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
 * Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
 * Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Facebook Company Products associated with the same device or account).
 * Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
 * Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
 * Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV.
 * Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Facebook Cookies Policy and Instagram Cookies Policy. Information from partners. Advertisers, app developers, and publishers can send us information through Facebook Business Tools they use, including our social plug-ins (such as the Like button), Facebook Login, our APIs and SDKs, or the Facebook pixel. These partners provide information about your activities off Facebook—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have a Facebook account or are logged into Facebook. For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its store. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information. Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us. Learn more about the types of partners we receive data from. To learn more about how we use cookies in connection with Facebook Business Tools, review the Facebook Cookies Policy and Instagram Cookies Policy. II. How do we use this information? We use the information we have (subject to choices you make) as described below and to provide and support the Facebook Products and related services described in the Facebook Terms and Instagram Terms. Here's how: Provide, personalize and improve our Products. We use the information we have to deliver our Products, including to personalize features and content (including your News Feed, Instagram Feed, Instagram Stories and ads) and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Products. To create personalized Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places, or things you're connected to and interested in on and off our Products. Learn more about how we use information about you to personalize your Facebook and Instagram experience, including features, content and recommendations in Facebook Products; you can also learn more about how we choose the ads that you see. * Information across Facebook Products and devices: We connect information about your activities on different Facebook Products and devices to provide a more tailored and consistent experience on all Facebook Products you use, wherever you use them. For example, we can suggest that you join a group on Facebook that includes people you follow on Instagram or communicate with using Messenger. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one Facebook Product when you sign up for an account on a different Product.
 * Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you're near-to provide, personalize and improve our Products, including ads, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), IP addresses, and information from your and others' use of Facebook Products (such as check-ins or events you attend).
 * Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
 * Face recognition: If you have it turned on, we use face recognition technology to recognize you in photos, videos and camera experiences. The face-recognition templates we create may constitute data with special protections under the laws of your country. Learn more about how we use face recognition technology, or control our use of this technology in Facebook Settings. If we introduce face-recognition technology to your Instagram experience, we will let you know first, and you will have control over whether we use this technology for you.
 * Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you. Learn more about how we select and personalize ads, and your choices over the data we use to select ads and other sponsored content for you in the Facebook Settings and Instagram Settings. Provide measurement, analytics, and other business services. We use the information we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. Learn how we share information with these partners. Promote safety, integrity and security. We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off of Facebook Products. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help. To learn more, visit the Facebook Security Help Center and Instagram Security Tips. Communicate with you. We use the information we have to send you marketing communications, communicate with you about our Products, and let you know about our policies and terms. We also use your information to respond to you when you contact us. Research and innovate for social good. We use the information we have (including from research partners we collaborate with) to conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. For example, we analyze information we have about migration patterns during crises to aid relief efforts. Learn more about our research programs. III. How is this information shared? Your information is shared with others in the following ways: Sharing on Facebook Products People and accounts you share and communicate with When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Facebook, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people. Similarly, when you use Messenger or Instagram to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions you have taken on our Products, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Facebook or Instagram Stories. Public information can be seen by anyone, on or off our Products, including if they don't have an account. This includes your Instagram username; any information you share with a public audience; information in your public profile on Facebook; and content you share on a Facebook Page, public Instagram account or any other public forum, such as Facebook Marketplace. You, other people using Facebook and Instagram, and we can provide access to or send public information to anyone on or off our Products, including in other Facebook Company Products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products. Learn more about what information is public and how to control your visibility on Facebook and Instagram. Content others share or reshare about you You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot, or reshare that content to others across or off our Products, in person or in virtual reality experiences such as Facebook Spaces. Also, when you comment on someone else's post or react to their content, your comment or reaction is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a Story, mention or tag you at a location in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our Products, you can learn how to report the content. Information about your active status or presence on our Products. People in your networks can see signals telling them whether you are active on our Products, including whether you are currently active on Instagram, Messenger or Facebook, or when you last used our Products. Apps, websites, and third-party integrations on or using our Products. When you choose to use third-party apps, websites, or other services that use, or are integrated with, our Products, they can receive information about what you post or share. For example, when you play a game with your Facebook friends or use a Facebook Comment or Share button on a website, the game developer or website can receive information about your activities in the game or receive a comment or link that you share from the website on Facebook. Also, when you download or use such third-party services, they can access your public profile on Facebook, and any information that you share with them. Apps and websites you use may receive your list of Facebook friends if you choose to share it with them. But apps and websites you use will not be able to receive any other information about your Facebook friends from you, or information about any of your Instagram followers (although your friends and followers may, of course, choose to share this information themselves). Information collected by these third-party services is subject to their own terms and policies, not this one. Devices and operating systems providing native versions of Facebook and Instagram (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you. Note: We are in the process of restricting developers’ data access even further to help prevent abuse. For example, we will remove developers' access to your Facebook and Instagram data if you haven't used their app in 3 months, and we are changing Login, so that in the next version, we will reduce the data that an app can request without app review to include only name, Instagram username and bio, profile photo and email address. Requesting any other data will require our approval. New owner. If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner. Sharing with Third-Party Partners We work with third-party partners who help us provide and improve our Products or who use Facebook Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with: Partners who use our analytics services. We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, Pages, videos and other content on and off the Facebook Products. For example, Page admins and Instagram business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account. Advertisers. We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which Facebook ads led you to make a purchase or take an action with an advertiser. Measurement partners. We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners. Partners offering goods and services in our Products. When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction, including shipping and contact details. Vendors and service providers. We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys. Researchers and academics. We also provide information and content to research partners and academics to conduct research that advances scholarship and innovation that support our business or mission, and enhances discovery and innovation on topics of general social welfare, technological advancement, public interest, health and well-being. Law enforcement or legal requests. We share information with law enforcement or in response to legal requests in the circumstances outlined below. Learn more about how you can control the information about you that you or others share with third-party partners in the Facebook Settings and Instagram Settings. IV. How do the Facebook Companies work together? Facebook and Instagram share infrastructure, systems and technology with other Facebook Companies (which include WhatsApp and Oculus) to provide an innovative, relevant, consistent and safe experience across all Facebook Company Products you use. We also process information about you across the Facebook Companies for these purposes, as permitted by applicable law and in accordance with their terms and policies. For example, we process information from WhatsApp about accounts sending spam on its service so we can take appropriate action against those accounts on Facebook, Instagram or Messenger. We also work to understand how people use and interact with Facebook Company Products, such as understanding the number of unique users on different Facebook Company Products. V. How can I manage or delete information about me? We provide you with the ability to access, rectify, port and erase your data. Learn more in your Facebook Settings and Instagram Settings. We store data until it is no longer necessary to provide our services and Facebook Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For example, when you search for something on Facebook, you can access and delete that query from within your search history at any time, but the log of that search is deleted after 6 months. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy 30 days after review, unless otherwise stated. Learn more about deletion of content you have shared and cookie data obtained through social plugins. When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Facebook Settings and Instagram Settings. VI. How do we respond to legal requests or prevent harm? We access, preserve and share your information with regulators, law enforcement or others: * In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. * When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products. Information we receive about you (including financial transaction data related to purchases made with Facebook) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations. VII. How do we operate and transfer data as part of our global services? We share information globally, both internally within the Facebook Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Facebook Terms and Instagram Terms and to globally operate and provide our Products to you. We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries. VIII. How will we notify you of changes to this policy? We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products. IX. How to contact Facebook with questions You can learn more about how privacy works on Facebook and on Instagram. If you have questions about this policy, you can contact us as described below. You can contact us online or by mail at: Facebook, Inc. ATTN: Privacy Operations 1601 Willow Road Menlo Park, CA 94025 Date of Last Revision: January 11, 2021 Instagram About Cookies What are cookies? Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identifies your browser or device. We may use technologies like cookies, pixels and local storage to deliver, secure, and understand products, services, and ads. What are cookies used for? Cookies and other technologies allow a site or services to know if your computer or device has visited it before. These technologies can then be used to deliver products, services, and ads, help us understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your experience in using our services. Cookies can also help ensure marketing you see online is more relevant to you and your interests. Why does Instagram use cookies and similar technologies? We use cookies, pixels, local storage, and similar technologies to show you relevant content, improve your experience, and help protect Instagram and our users. We may use these technologies to deliver the service, provide you with a service that is easy to use, enables you to move around the Service and use its features, such as accessing secure areas, and store information so that Instagram responds faster. We may use these technologies to collect information about how you use the Service, for example which pages you go to most often and if you get error messages from certain pages. We may use these technologies to allow us to remember choices you make (such as your user name, language or the region you're in) and tailor the Service to provide enhanced features and content for you. These cookies can also be used to remember changes you've made to text size, font and other parts of pages that you can customize. Instagram or our advertising partners may use these technologies to deliver advertising that is relevant to your interests. These technologies can remember that your device has visited a site or service, and may also be able to track your device's browsing activity on other sites or services other than Instagram. This information may be shared with organizations outside Instagram, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign. *We may use these technologies to understand, improve, and research products and services. How long will cookies stay on my device? The length of time a cookie will stay on your computer or mobile device depends on whether it is a "persistent" or "session" cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted. First and third party cookies First-party cookies are cookies that belong to Instagram, third-party cookies are cookies that another party places on your device through our Service. Third-party cookies may be placed on your device by someone providing a service for Instagram, for example to help us understand how our service is being used. Third-party cookies may also be placed on your device by our business partners so that they can use them to advertise products and services to you elsewhere on the Internet. How to control cookies or other collection mechanisms Follow the instructions provided by your website or mobile browser (usually located within the "Help", "Tools" or "Edit" facility) to modify your cookie settings. Please note that if you set your browser to disable cookies or other technologies, you may not be able to access certain parts of our Service and other parts of our Service may not work properly. To learn more about the choices that advertisers provide generally for individuals to influence how information about their online activities over time and across third-party Web sites or online services is collected and used, visit the Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp, the Digital Advertising Alliance at http://www.aboutads.info/, or the European Digital Advertising Alliance at http://youronlinechoices.eu/. In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. These controls vary by browser, and manufacturers may change both the settings they make available and how they work at any time. As of 5 October 2020, you may find additional information about the controls offered by popular browsers at the links below. Certain parts of the Facebook Products may not work properly if you have disabled browser cookie use. * Google Chrome * Internet Explorer * Firefox * Safari * Safari Mobile * Opera Twitter Terms of Service If you live outside the European Union, EFTA States, or the United Kingdom, including if you live in the United States These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services (https://help.twitter.com/en/rules-and-policies/twitter-services-and-corporate-affiliates) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. * 1. Who May Use the Services 2. Privacy 3. Content on the Services 4. Using the Services 5. Disclaimers and Limitations of Liability 6. General   1. Who May Use the Services You may use the Services only if you agree to form a binding contract with Twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old, or in the case of Periscope 16 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.   2. Privacy Our Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter and its affiliates.   3. Content on the Services You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://help.twitter.com/en/rules-and-policies/twitter-report-violation#specific-violations and https://help.twitter.com/en/managing-your-account/suspended-twitter-accounts). If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://help.twitter.com/forms/dmca) or contacting our designated copyright agent at: Twitter, Inc. Attn: Copyright Agent 1355 Market Street, Suite 900 San Francisco, CA 94103 Reports: https://help.twitter.com/forms/dmca Email: copyright@twitter.com (for content on Twitter) Twitter, Inc. Attn: Copyright Agent - Periscope 1355 Market Street, Suite 900 San Francisco, CA 94103 Reports: https://help.twitter.com/forms/dmca
Email: copyright@pscp.tv (for content on Periscope) Your Rights and Grant of Rights in the Content You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Twitter, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Twitter has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Twitter the license described above.   4. Using the Services Please review the Twitter Rules and Policies (and, for Periscope, the Periscope Community Guidelines at https://www.pscp.tv/content), which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. In consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the technical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Twitter does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. If you use developer features of the Services, including but not limited to Twitter for Websites (https://developer.twitter.com/docs/twitter-for-websites/overview), Twitter Cards (https://developer.twitter.com/docs/tweets/optimize-with-cards/guides/getting-started), Public API (https://developer.twitter.com/en/docs), or Sign in with Twitter (https://developer.twitter.com/docs/basics/authentication/guides/log-in-with-twitter), you agree to our Developer Agreement (https://developer.twitter.com/en/developer-terms/agreement) and Developer Policy (https://developer.twitter.com/en/developer-terms/policy). If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Twitter Services, these Terms, or the terms provided on https://developer.twitter.com/en/developer-terms. If you are a security researcher, you are required to comply with the rules of the Twitter Vulnerability Reporting Program (https://hackerone.com/twitter). The requirements set out in the preceding paragraph may not apply to those participating in Twitter’s Vulnerability Reporting Program. If you use advertising features of the Services, you must agree to our Twitter Master Services Agreement (https://ads.twitter.com/terms). If you use Super Hearts, Coins, or Stars on Periscope, you must agree to our Super Hearts Terms (https://legal.twitter.com/en/periscope/super/terms.html). Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number. Your License to Use the Services Twitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms. The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding Twitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Ending These Terms You may end your legal agreement with Twitter at any time by deactivating your accounts and discontinuing your use of the Services. See https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-account (and for Periscope, https://help.pscp.tv/customer/portal/articles/2460220) for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Twitter Rules and Policies or Periscope Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center (https://help.twitter.com/forms/general?subtopic=suspended). For the avoidance of doubt, these Terms survive the deactivation or termination of your account.   5. Disclaimers and Limitations of Liability The Services are Available "AS-IS" Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Twitter Entities” refers to Twitter, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE TWITTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Twitter Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Twitter Entities or through the Services, will create any warranty or representation not expressly made herein. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWITTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.   6. General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at twitter.com/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Twitter. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law). In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Twitter’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. If you have any questions about these Terms, please contact us. Effective: June 18, 2020 Archive of Previous Terms       Twitter Terms of Service If you live in the European Union, EFTA States, or the United Kingdom These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services (https://help.twitter.com/en/rules-and-policies/twitter-services-and-corporate-affiliates) that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. * 1. Who May Use the Services 2. Privacy 3. Content on the Services 4. Using the Services 5. Limitations of Liability 6. General   1. Who May Use the Services You may use the Services only if you agree to form a binding contract with Twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old, or in the case of Periscope 16 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.   2. Privacy Our Privacy Policy (https://www.twitter.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter and its affiliates.   3. Content on the Services You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://help.twitter.com/en/rules-and-policies/twitter-report-violation#specific-violations and https://help.twitter.com/en/managing-your-account/suspended-twitter-accounts). If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://help.twitter.com/forms/dmca) or contacting our designated copyright agent at: Twitter, Inc. Attn: Copyright Agent 1355 Market Street, Suite 900 San Francisco, CA 94103 Reports: https://help.twitter.com/forms/dmca Email: copyright@twitter.com (for content on Twitter) Twitter, Inc. Attn: Copyright Agent - Periscope 1355 Market Street, Suite 900 San Francisco, CA 94103 Reports: https://help.twitter.com/forms/dmca
Email: copyright@pscp.tv (for content on Periscope) Your Rights and Grant of Rights in the Content You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Twitter to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, Retweet, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Twitter, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Twitter has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Twitter the license described above.   4. Using the Services Please review the Twitter Rules and Policies (and, for Periscope, the Periscope Community Guidelines at https://pscp.tv/content), which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you. In consideration for Twitter granting you access to and use of the Services, you agree that Twitter and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Twitter’s computer systems, or the technical delivery systems of Twitter’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Twitter, its users and the public. Twitter does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy. If you use developer features of the Services, including but not limited to Twitter for Websites (https://developer.twitter.com/docs/twitter-for-websites/overview), Twitter Cards (https://developer.twitter.com/docs/tweets/optimize-with-cards/guides/getting-started), Public API (https://developer.twitter.com/en/docs), or Sign in with Twitter (https://developer.twitter.com/docs/basics/authentication/guides/log-in-with-twitter), you agree to our Developer Agreement (https://developer.twitter.com/en/developer-terms/agreement) and Developer Policy (https://developer.twitter.com/en/developer-terms/policy). If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Twitter Services, these Terms, or the terms provided on https://developer.twitter.com/en/developer-terms. If you are a security researcher, you are required to comply with the rules of the Twitter Vulnerability Reporting Program (https://hackerone.com/twitter).  The requirements set out in the preceding paragraph may not apply to those participating in Twitter’s Vulnerability Reporting Program. If you use advertising features of the Services, you must agree to our Twitter Master Services Agreement (https://ads.twitter.com/terms). If you use Super Hearts, Coins, or Stars on Periscope, you agree to our Super Hearts Terms (https://legal.twitter.com/en/periscope/super/terms.html). Your Account You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number. Your License to Use the Services Twitter gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms. The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding Twitter, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Ending These Terms You may end your legal agreement with Twitter at any time by deactivating your accounts and discontinuing your use of the Services. See https://help.twitter.com/en/managing-your-account/how-to-deactivate-twitter-account (and for Periscope, https://help.pscp.tv/customer/portal/articles/2460220) for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Twitter Rules and Policies or Periscope Community Guidelines, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center (https://help.twitter.com/forms/general?subtopic=suspended). For the avoidance of doubt, these Terms survive the deactivation or termination of your account.   5. Limitations of Liability By using the Services you agree that Twitter, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible in your country of residence.   6. General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at twitter.com/tos, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Twitter’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Twitter International Company (Co. number 503351, VAT number IE9803175Q), an Irish company with its registered office at One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland. If you have any questions about these Terms, please contact us. Effective: June 18, 2020 Twitter Privacy Policy We believe you should always know what data we collect from you and how we use it, and that you should have meaningful control over both. We want to empower you to make the best decisions about the information that you share with us. That’s the basic purpose of this Privacy Policy. You should read this policy in full, but here are a few key things we hope you take away from it: Twitter is public and Tweets are immediately viewable and searchable by anyone around the world. We give you non-public ways to communicate on Twitter too, through protected Tweets and Direct Messages. You can also use Twitter under a pseudonym if you prefer not to use your name. When you use Twitter, even if you’re just looking at Tweets, we receive some personal information from you like the type of device you’re using and your IP address. You can choose to share additional information with us like your email address, phone number, address book contacts, and a public profile. We use this information for things like keeping your account secure and showing you more relevant Tweets, people to follow, events, and ads. We give you control through your settings to limit the data we collect from you and how we use it, and to control things like account security, marketing preferences, apps that can access your account, and address book contacts you’ve uploaded to Twitter. You can also download information you have shared on Twitter.  In addition to information you share with us, we use your Tweets, content you’ve read, Liked, or Retweeted, and other information to determine what topics you’re interested in, your age, the languages you speak, and other signals to show you more relevant content. We give you transparency into that information, and you can modify or correct it at any time. If you have questions about this policy, how we collect or process your personal data, or anything else related to our privacy practices, we want to hear from you. You can contact us at any time.   1 Information You Share With Us We require certain information to provide our services to you. For example, you must have an account in order to upload or share content on Twitter. When you choose to share the information below with us, we collect and use it to operate our services.   * Basic Account Information Public Information Contact Information and Address Books Direct Messages and Non-Public Communications Payment Information How You Control the Information You Share With Us   1.1 Basic Account Information You don’t have to create an account to use some of our service features, such as searching and viewing public Twitter profiles or watching a broadcast on Periscope’s website. If you do choose to create an account, you must provide us with some personal data so that we can provide our services to you. On Twitter this includes a display name (for example, “Twitter Moments”), a username (for example, @TwitterMoments), a password, and an email address or phone number. Your display name and username are always public, but you can use either your real name or a pseudonym. You can also create and manage multiple Twitter accounts1, for example to express different parts of your identity.   1.2 Public Information Most activity on Twitter is public, including your profile information2, your time zone and language, when you created your account, and your Tweets and certain information about your Tweets like the date, time, and application and version of Twitter you Tweeted from. You also may choose to publish your location in your Tweets or your Twitter profile. The lists you create, people you follow and who follow you, and Tweets you Like or Retweet are also public. If you like, Retweet, reply, or otherwise publicly engage with an ad on our services, that advertiser might thereby learn information about you associated with the ad with which you engaged such as characteristics of the audience the ad was intended to reach. Periscope broadcasts you create, click on, or otherwise engage with, either on Periscope or on Twitter, are public along with when you took those actions. So are your hearts, comments, the number of hearts you’ve received, which accounts you are a Superfan of, and whether you watched a broadcast live or on replay. Any hearts, comments, or other content you contribute to another account’s broadcast will remain part of that broadcast for as long as it remains on Periscope. Information posted about you by other people who use our services may also be public. For example, other people may tag you in a photo3 (if your settings allow) or mention you in a Tweet. You are responsible for your Tweets and other information you provide through our services, and you should think carefully about what you make public , especially if it is sensitive information. If you update your public information on Twitter, such as by deleting a Tweet or deactivating your account, we will reflect your updated content on Twitter.com, Twitter for iOS, and Twitter for Android. By publicly posting content when you Tweet, you are directing us to disclose that information as broadly as possible, including through our APIs, and directing those accessing the information through our APIs to do the same. To facilitate the fast global dissemination of Tweets to people around the world, we use technology like application programming interfaces (APIs) and embeds to make that information available to websites, apps, and others for their use - for example, displaying Tweets on a news website or analyzing what people say on Twitter. We generally make this content available in limited quantities for free and charge licensing fees for large-scale access. We have standard terms that govern how this data can be used, and a compliance program to enforce these terms. But these individuals and companies are not affiliated with Twitter, and their offerings may not reflect updates you make on Twitter. For more information about how we make public data on Twitter available to the world, visit https://developer.twitter.com.   1.3 Contact Information and Address Books We use your contact information, such as your email address or phone number, to authenticate your account and keep it - and our services - secure, and to help prevent spam, fraud, and abuse. We also use contact information to enable certain account features (for example, for login verification or Twitter via SMS), and to send you information about our services, and to personalize our services, including ads. If you provide us with your phone number, you agree to receive text messages from Twitter to that number as your country’s laws allow. Twitter also uses your contact information to market to you as your country’s laws allow, and to help others find your account if your settings permit, including through third-party services and client applications. You can use your settings for email and mobile notifications to control notifications you receive from Twitter. You can also unsubscribe from a notification by following the instructions contained within the notification or here. You can choose to upload and sync your address book on Twitter so that we can help you find and connect with people you know and help others find and connect with you. We also use this information to better recommend content to you and others. You can sign up for Periscope with an account from another service like Twitter, Google, or Facebook, or connect your Periscope account to these other services. If you do, we will use information from that service, including your email address, friends, or contacts list, to recommend other accounts or content to you or to recommend your account or content to others. You can control whether your Periscope account is discoverable by email through your Periscope settings. If you email us, we will keep the content of your message, your email address, and your contact information to respond to your request.   1.4 Direct Messages and Non-Public Communications We provide certain features that let you communicate more privately or control who sees your content. For example, you can use Direct Messages to have non-public conversations on Twitter, protect your Tweets, or host private broadcasts on Periscope. When you communicate with others by sending or receiving Direct Messages, we will store and process your communications and information related to them. This includes link scanning for malicious content, link shortening to http://t.co URLs, detection of spam4, abuse and prohibited images, and use of reported issues. We also use information about whom you have communicated with and when (but not the content of those communications) to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content. We share the content of your Direct Messages with the people you’ve sent them to; we do not use them to serve you ads. Note that if you interact in a way that would ordinarily be public with Twitter content shared with you via Direct Message, for instance by liking a Tweet, those interactions will be public. When you use features like Direct Messages to communicate, remember that recipients have their own copy5 of your communications on Twitter - even if you delete your copy of those messages from your account - which they may duplicate, store, or re-share.   1.5 Payment Information You may provide us with payment information6, including your credit or debit card number, card expiration date, CVV code, and billing address, in order to purchase advertising or other offerings provided as part of our services.   1.6 How You Control the Information You Share with Us Your Privacy and safety settings let you decide : * Whether your Tweets are publicly available on Twitter * Whether others can tag you in a photo * Whether you will be able to receive Direct Messages from anyone on Twitter or just your followers * Whether others can find you based on your email or phone number * Whether you upload your address book to Twitter for storage and use * When and where you may see sensitive content on Twitter * Whether you want to block or mute other Twitter accounts   2 Additional Information We Receive About You We receive certain information when you use our services or other websites or mobile applications that include our content, and from third parties including advertisers. Like the information you share with us, we use the data below to operate our services. * Location Information Links Cookies Log Data Twitter for Web Data Advertisers and Other Ad Partners Developers Other Third Parties and Affiliates Personalizing Across Your Devices How You Control Additional Information We Receive   2.1 Location Information We require information about your signup and current location, which we get from signals such as your IP address or device settings, to securely and reliably set up and maintain your account and to provide our services to you. Subject to your settings, we may collect, use, and store additional information about your location  - such as your current precise position or places where you’ve previously used Twitter - to operate or personalize our services including with more relevant content like local trends, stories, ads, and suggestions for people to follow. Learn more about Twitter’s use of location here, and how to set your Twitter location preferences here. Learn more about how to share your location in Periscope broadcasts here.   2.2 Links In order to operate our services, we keep track of how you interact with links across our services. This includes links in emails we send you and links in Tweets that appear on other websites or mobile applications. If you click on an external link or ad on our services, that advertiser or website operator might figure out that you came from Twitter or Periscope, along with other information associated with the ad you clicked such as characteristics of the audience it was intended to reach. They may also collect other personal data from you, such as cookie identifiers or your IP address.   2.3 Cookies A cookie is a small piece of data that is stored on your computer or mobile device. Like many websites, we use cookies and similar technologies to collect additional website usage data and to operate our services. Cookies are not required for many parts of our services such as searching and looking at public profiles. Although most web browsers automatically accept cookies, many browsers’ settings can be set to decline cookies or alert you when a website is attempting to place a cookie on your computer7. However, some of our services may not function properly if you disable cookies. When your browser or device allows it, we use both session cookies and persistent cookies to better understand how you interact with our services, to monitor aggregate usage patterns, and to personalize and otherwise operate our services such as by providing account security, personalizing the content we show you including ads, and remembering your language preferences. We do not support the Do Not Track browser option. You can learn more about how we use cookies and similar technologies here.   2.4 Log Data We receive information when you view content on or otherwise interact with our services, which we refer to as “Log Data,” even if you have not created an account. For example, when you visit our websites, sign into our services, interact with our email notifications, use your account to authenticate to a third-party service, or visit a third-party service that includes Twitter content, we may receive information about you. This Log Data includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms (including those not submitted as queries), and cookie information. We also receive Log Data when you click on, view, or interact with links on our services, including when you install another application through Twitter. We use Log Data to operate our services and ensure their secure, reliable, and robust performance. For example, we use Log Data to protect the security of accounts and to determine what content is popular on our services. We also use this data to improve the content we show you, including ads and to improve the effectiveness of our own marketing. We use information you provide to us and data we receive, including Log Data and data from third parties , to make inferences like what topics you may be interested in, how old you are, and what languages you speak. This helps us better promote and design our services for you and personalize the content we show you, including ads.   2.5 Twitter for Web Data When you view our content on third-party websites  that integrate Twitter content such as embedded timelines or Tweet buttons, we may receive Log Data that includes the web page you visited. We use this information to better understand the use of our services, to protect the safety and integrity of our platform, and to show more relevant content, including ads. We do not associate this web browsing history with your name, email address, phone number, or username, and we delete, obfuscate, or aggregate it after no longer than 30 days. We do not collect this data from browsers that we believe to be located in the European Union or EFTA States.   2.6 Advertisers and Other Ad Partners Advertising revenue allows us to support and improve our services. We use the information described in this Privacy Policy to help make our advertising more relevant to you, to measure its effectiveness, and to help recognize your devices to serve you ads on and off of Twitter. Our ad partners and affiliates share information with us such as browser cookie IDs, mobile device IDs, hashed email addresses, demographic or interest data, and content viewed or actions taken on a website or app . Some of our ad partners, particularly our advertisers, also enable us to collect similar information directly from their website or app by integrating our advertising technology. Information shared by ad partners and affiliates or collected by Twitter from the websites and apps of ad partners and affiliates may be combined with the other information you share with Twitter and that Twitter receives about you described elsewhere in our Privacy Policy. Twitter adheres to the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising (also referred to as “interest-based advertising”) and respects the DAA’s consumer choice tool for you to opt out of interest-based advertising at https://optout.aboutads.info. In addition, our ads policies prohibit advertisers from targeting ads based on categories that we consider sensitive or are prohibited by law, such as race, religion, politics, sex life, or health. Learn more about your privacy options for interest-based ads here and about how ads work on our services here. If you are an advertiser or a prospective advertiser, we process your personal data to help offer and provide our advertising services. You can update your data in your Twitter Ads dashboard or by contacting us directly as described in this Privacy Policy.   2.7 Developers If you access our APIs or developer portal, we process your personal data to help provide our services. You can update your data by contacting us directly as described in this Privacy Policy.   2.8 Other Third Parties and Affiliates We may receive information about you from third parties who are not our ad partners, such as others on Twitter, partners who help us evaluate the safety and quality of content on our platform, our corporate affiliates, and other services you link to your Twitter account. You may choose to connect your Twitter account to accounts on another service, and that other service may send us information about your account on that service. We use the information we receive to provide you features like cross-posting or cross-service authentication, and to operate our services. For integrations that Twitter formally supports, you may revoke this permission at any time from your application settings; for other integrations, please visit the other service you have connected to Twitter.   2.9 Personalizing Based On Your Inferred Identity When you log into Twitter on a browser or device, we will associate that browser or device with your account for purposes such as authentication, security, and personalization. Subject to your settings, we may also associate your account with browsers or devices other than those you use to log into Twitter (or associate your logged-out device or browser with other browsers or devices). When you provide other information to Twitter, including an email address, we associate that information with your Twitter account. Subject to your settings, we may also use this information in order to infer other information about your identity, for example by associating your account with hashes of email addresses that share common components with the email address you have provided to Twitter. We do this to operate and personalize our services . For example, if you visit websites with sports content on your laptop, we may show you sports-related ads on Twitter for Android and, if the email address associated with your account shares components with another email address, such as shared first name, last name, or initials, we may later match advertisements to you from advertisers that were trying to reach email addresses containing those components.   2.10 How You Control Additional Information We Receive Your Twitter Personalization and data settings let you decide : * Whether we show you interest-based ads on and off Twitter * How we personalize based on your inferred identity * Whether we collect and use your precise location * Whether we personalize your experience based on where you’ve been * Whether we keep track of the websites where you see Twitter content You can use Your Twitter data to review: * Advertisers who have included you in tailored audiences to serve you ads * Demographic and interest data about your account from our ads partners * Information that Twitter has inferred about you such as your age range, gender, languages, and interests We also provide a version of these tools on Twitter if you don’t have a Twitter account, or if you’re logged out of your account. This lets you see the data and settings for the logged out browser or device you are using, separate from any Twitter account that uses that browser or device. On Periscope, you can control whether we personalize your experience based on your watch history through your settings. Please see here for more details of how we collect and use your data.   3 Information We Share and Disclose As noted above, Twitter is designed to broadly and instantly disseminate information you share publicly through our services. In the limited circumstances where we disclose your private personal data, we do so subject to your control, because it’s important for operating our services, or because it’s required by law. * Sharing You Control Service Providers Law, Harm, and the Public Interest Affiliates and Change of Ownership Non-Personal Information   3.1 Sharing You Control We share or disclose your personal data with your consent or at your direction, such as when you authorize a third-party web client or application to access your account or when you direct us to share your feedback with a business. If you’ve shared information like Direct Messages or protected Tweets with someone else who accesses Twitter through a third-party service, keep in mind that the information may be shared with the third-party service. Subject to your settings, we also provide certain third parties with personal data to help us offer or operate our services. You can learn more about these partnerships in our Help Center, and you can control whether Twitter shares your personal data in this way by using the “Allow additional information sharing with business partners” option in your Personalization and Data settings. (This setting does not control sharing described elsewhere in our Privacy Policy, such as when we share data with our service providers, or through partnerships other than as described in our Help Center.)    3.2 Service Providers We engage service providers to perform functions and provide services for us in the United States, Ireland, and other countries. For example, we use a variety of third-party services to help operate our services, such as hosting our various blogs and wikis, and to help us understand the use of our services, such as Google Analytics. We may share your private personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions (service providers may use other non-personal data for their own benefit). We share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.   3.3 Law, Harm, and the Public Interest Notwithstanding anything to the contrary in this Privacy Policy or controls we may otherwise offer to you, we may preserve, use, share, or disclose your personal data or other safety data if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services, or to explain why we have removed content or accounts from our services8; to address fraud, security, or technical issues; or to protect our rights or property or the rights or property of those who use our services. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your personal data.   3.4 Affiliates and Change of Ownership In the event that we are involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your personal data may be sold or transferred as part of that transaction. This Privacy Policy will apply to your personal data as transferred to the new entity. We may also disclose personal data about you to our corporate affiliates in order to help operate our services and our affiliates’ services, including the delivery of ads.   3.5 Non-Personal Information We share or disclose non-personal data, such as aggregated information like the total number of times people engaged with a Tweet, demographics, the number of people who clicked on a particular link or voted on a poll in a Tweet (even if only one did), the topics that people are Tweeting about in a particular location, some inferred interests, or reports to advertisers about how many people saw or clicked on their ads.   4 Managing Your Personal Information With Us You control the personal data you share with us. You can access or rectify this data at any time. You can also deactivate your account. We also provide you tools to object, restrict, or withdraw consent where applicable for the use of data you have provided to Twitter. And we make the data you shared through our services portable and provide easy ways for you to contact us. Please note, to help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your personal information or complying with deletion, portability, or other related requests. * Accessing or Rectifying Your Personal Data Deletion Object, Restrict, or Withdraw Consent Portability Additional Information or Assistance   4.1 Accessing or Rectifying Your Personal Data If you have registered an account on Twitter, we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us and associated with your account. You can download certain account information, including your Tweets, by following the instructions here. On Periscope, you can request correction, deletion, or modification of your personal data, and download your account information, by following the instructions here. You can learn more about the interests we have inferred about you in Your Twitter Data and request access to additional information here. To submit a request related to access, modification or deletion of your information, you may also contact us as specified in the How To Contact Us section of our Privacy Policy (Additional Information or Assistance).   4.2 Deletion We keep Log Data for a maximum of 18 months. If you follow the instructions here (or for Periscope here), your account will be deactivated. When deactivated, your Twitter account, including your display name, username, and public profile, will no longer be viewable on Twitter.com, Twitter for iOS, and Twitter for Android. For up to 30 days after deactivation it is still possible to restore your Twitter account if it was accidentally or wrongfully deactivated. Keep in mind that search engines and other third parties may still retain copies of your public information, like your profile information and public Tweets, even after you have deleted the information from our services or deactivated your account. Learn more here.   4.3 Object, Restrict, or Withdraw Consent When you are logged into your Twitter account, you can manage your privacy settings and other account features here at any time. It may take a short amount of time for privacy settings to be fully reflected throughout our systems.   4.4 Portability Twitter provides you a means to download the information you have shared through our services by following the steps here. Periscope provides you a means to download the information you have shared through our services by following the steps here.   4.5 Additional Information or Assistance Thoughts or questions about this Privacy Policy? Please let us know by contacting us here or writing to us at the appropriate address below. If you live in the United States or any other country outside of the European Union, EFTA States, or the United Kingdom, the data controller responsible for your personal data is Twitter, Inc. with an address of: Twitter, Inc. Attn: Privacy Policy Inquiry 1355 Market Street, Suite 900 San Francisco, CA 94103 If you live in the European Union, EFTA States, or the United Kingdom, the data controller is Twitter International Company, with an address of: Twitter International Company Attn: Data Protection Officer One Cumberland Place, Fenian Street Dublin 2, D02 AX07 IRELAND You can confidentially contact Twitter’s Data Protection Officer here. If you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority or Twitter International Company’s lead supervisory authority, the Irish Data Protection Commission. You can find their contact details here.   5 Children and Our Services   Our services are not directed to children, and you may not use our services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 16 years of age to use Periscope.   6 Our Global Operations and Privacy Shield   To bring you our services, we operate globally. Where the laws of your country allow you to do so, you authorize us to transfer, store, and use your data in the United States, Ireland, and any other country where we operate. In some of the countries to which we transfer personal data, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those of your country. Learn more about our global operations and data transfer here. When we transfer personal data outside of the European Union, EFTA States, or the United Kingdom, we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws, contractual obligations placed on the recipient of the data (model clauses may be requested by inquiry as described below), or EU-US and Swiss-US Privacy Shield principles. Twitter, Inc. complies with the EU-US and Swiss-US Privacy Shield principles (the “Principles”) regarding the collection, use, sharing, and retention of personal data from the European Union, EFTA States, and the United Kingdom as described in our EU-US Privacy Shield certification and Swiss-US Privacy Shield certification. If you have a Privacy Shield-related complaint, please contact us here. As part of our participation in Privacy Shield, if you have a dispute with us about our adherence to the Principles, we will seek to resolve it through our internal complaint resolution process, alternatively through the independent dispute resolution body JAMS, and under certain conditions, through the Privacy Shield arbitration process. Privacy Shield participants are subject to the investigatory and enforcement powers of the US Federal Trade Commission and other authorized statutory bodies. Under certain circumstances, participants may be liable for the transfer of personal data from the EU, EFTA States, or the United Kingdom to third parties outside the EU, EFTA States, and the United Kingdom. Learn more about the EU-US Privacy Shield and Swiss-US Privacy Shield here.   7 Changes to This Privacy Policy   We may revise this Privacy Policy from time to time. The most current version of the policy will govern our processing of your personal data and will always be at https://twitter.com/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you within Twitter.com, Twitter for iOS, or Twitter for Android, via a Twitter owned and operated Twitter account (for example @TwitterSupport), or by sending an email to the email address associated with your account. By continuing to access or use the Services after those changes become effective, you agree9 to be bound by the revised Privacy Policy. Twitter Cookie Policy Our use of cookies and similar technologies Our services use cookies and other similar technologies, such as pixels or local storage, to help provide you with a better, faster, and safer experience. Here are some of the ways that our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, and ads, use these technologies: to log you into Twitter and Periscope, save your preferences, personalize the content you see, protect against spam and abuse, and show you more relevant ads. Below we explain how Twitter, our partners, and other third parties use these technologies, your privacy settings, and the other options you have. What are cookies, pixels, and local storage? Cookies are small files that websites place on your computer as you browse the web. Like many websites, Twitter, Periscope, and our other services use cookies to discover how people are using our services and to make them work better. A pixel is a small amount of code on a web page or in an email notification. As many services do, we use pixels to learn whether you’ve interacted with certain web or email content. This helps us measure and improve our services and personalize your experience. Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customize what we show you based on your past interactions with our services. Why do our services use these technologies? Our services use these technologies to deliver, measure, and improve our services in various ways. These uses generally fall into one of the following categories: * Authentication and security: * To log you into Twitter and Periscope. * To protect your security. * To let you to view content with limited distribution. * To help us detect and fight spam, abuse, and other activities that violate the Twitter Rules and the Periscope Community Guidelines. * For example, these technologies help authenticate your access to Twitter and Periscope and prevent unauthorized parties from accessing your account. They also let us show you appropriate content through our services. * Preferences: * To remember information about your browser and your preferences. * For example, cookies help us remember your preferred language or the country that you are in. We can then provide you with Twitter and Periscope content in your preferred language without having to ask you each time you visit Twitter or Periscope. On Twitter, we can also customize content based on your country, such as showing you what topics are trending near you, or to withhold certain content based on applicable local laws. Learn more about trends and country withheld content. * Analytics and research: * To help us improve and understand how people use our services, including Twitter buttons and widgets, and Twitter Ads. * For example, cookies help us test different versions of our services to see which particular features or content users prefer. We might also optimize and improve your experience on Twitter and Periscope by using cookies to see how you interact with our services, such as when and how often you use them and what links you click on. We may use Google Analytics to assist us with this. Learn more about the cookies you may encounter through our use of Google Analytics. We might also use cookies to count the number of users that have seen a particular embedded Tweet or timeline. Learn more about the analytics cookies used by Twitter for Websites widgets. * Personalized content: * To customize our services with more relevant content, like tailored trends, stories, ads, and suggestions for people to follow. * For example, local storage tells us which parts of your Twitter timeline or Periscope Global Feed you have viewed already so that we can show you the appropriate new content. Cookies can help us make smarter and more relevant suggestions about who you might enjoy following based on your visits to websites that have integrated Twitter embeds, including embedded timelines. * Advertising: * To help us deliver ads, measure their performance, and make them more relevant to you based on criteria like your activity on Twitter and visits to our ad partners' websites. * For example, we use cookies and pixels to personalize ads and measure their performance. Using these technologies, we can show you ads and evaluate their effectiveness based on your visits to our ad partners' websites. This helps advertisers provide high-quality ads and content that might be more interesting to you. * We also work with third-party advertising partners, including Google, to market our services and serve ads on behalf of our advertisers, including through the delivery of interest-based ads. * Personalization across devices: * By better understanding how devices are related, we can use information from one device to help personalize the Twitter experience on another device. * When you log in to Twitter on a device, we associate that device with your Twitter account. Whether or not you are logged in to Twitter, we may also receive information about your devices when, for example, that information is shared by a partner; you visit Twitter.com; you visit third-party websites that integrate Twitter content; or you visit a Twitter advertiser’s website or mobile application. We may use this information, most commonly IP addresses and the time at which the information was received, to infer that certain devices are associated with one another, including the devices on which you log in to Twitter. To learn more about the devices associated with your account, check out Your Twitter Data while logged in. To learn more about the other devices associated with the device or browser you are currently using, visit Your Twitter Data while logged out. Where are these technologies used? We (along with third parties) use these technologies on our websites, applications, and services and on other websites, applications, and services that have integrated our services, including third-party properties that incorporate our advertising technology. This includes our ad partners’ websites and sites that use our embeds, including embedded timelines. Third parties may also use these technologies, for example, when you click on links from our websites or applications, view or interact with third-party content from within our services, or visit third-party websites that incorporate our advertising technology. What are my privacy options? We are committed to offering you meaningful privacy choices. You have a number of options to control or limit how we, our partners, and other third parties use cookies: * To control whether Twitter stores information about other websites where you’ve seen Twitter content, adjust the Track where you see Twitter content across the web setting in your Personalization and data settings. If you have this setting turned off or are in the European Union or EFTA States, Twitter will not store or use such web page visits to improve your experience in the future. If we’ve previously stored your web browsing history, your experience may continue to be personalized based on information already inferred from that history. * If you do not want Twitter to show you interest-based ads on and off of Twitter, there are several ways to disable this feature: * Using your Twitter settings, visit the Personalization and data settings and adjust the setting Personalize ads. * If you are on the web, you can visit the Digital Advertising Alliance’s consumer choice tool at optout.aboutads.info to opt out of seeing interest-based advertising from Twitter in your current browser. * On iOS version 13 and earlier only, if you do not want Twitter to show you interest-based ads in Twitter for iOS on your current mobile device, enable the Limit Ad Tracking setting in your iOS phone’s settings (precise directions may be different on different iOS versions).  * On Android, if you do not want Twitter to show you interest-based ads in Twitter for Android on your current mobile device, enable Opt out of Ads Personalization in your Android phone’s settings (precise directions and name of the setting may be different on different Android versions and OEM Android variants). * On iOS version 14 and later only, if you do not want Twitter to access your iOS Identifier for Advertising, disable the Allow Apps to Request to Track setting in your iOS settings (precise directions may be different on different iOS versions).  * To control personalization across devices on Twitter, visit your Personalization and data settings and adjust the Personalize across all your devices setting. This will control whether we link your account to browsers or devices other than the ones you use to log into Twitter (or if you’re logged out, whether we link the browser or device you’re currently using to any other browsers or devices). * To control interest-based advertising from certain third-party advertising partners, you can learn more about opting out of receiving interest-based ads at optout.aboutads.info and www.networkadvertising.org/choices. If you are on the web, you can also opt out of Google Analytics by installing Google’s opt-out browser add-on, and opt out of interest-based Google ads using Google’s Ads Settings. * To control cookies, you can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. Although cookies are not required for some parts of our services, Twitter and Periscope may not work properly if you disablecookies entirely. For example, you cannot log into twitter.com or pscp.tv if you've turned off all cookie use. Note: Please confirm that you are logged in if you want to view or change the web settings for your Twitter account. Changing your Twitter settings in your web browser when you are logged out will only affect behavior on that browser while you are not logged in to Twitter. Learn more about how to access your Personalization and data settings, including in your Twitter mobile app. Bookmark or share this article Credit Suisse Cookies and Tracking Policy Share Buttons Print Latest Update: October 2020 Credit Suisse Group AG and all its affiliates ("Credit Suisse", "we" or "us") understand that you entrust us with personal information, and we take seriously our data privacy obligations. We strive to make you feel comfortable with the measures we take to protect and safeguard your personal information. This Cookies and Tracking Policy ("Policy") describes in detail how we handle information that we collect through our various digital channels such as our website and mobile applications. For example for a website by clicking "I agree" to the popup describing our website tracking tools, or by clicking "accept" on the mobile applications when you first access either our website or our mobile applications you agree to our use of your information as described in this Policy and in accordance with the particular privacy settings you selected. This Policy may be updated at any time. Please ensure that you regularly read the latest version of this page. Table of contents * Information we collect * Who can access the information we collect * Security of data transfers * Protection, processing and use of personal data * How does Credit Suisse treat electronic messages * Credit Suisse websites and mobile applications functionality and tracking tools * Use of tracking technologies for U.S. users * Table 1 – Credit Suisse tracking technologies * Mechanisms to control the use of tracking technologies * Newsletters * Links Information we collect We may collect information about you when you use our websites as well as our mobile applications, or when you apply for or use other services offered by Credit Suisse in the following ways: * We collect certain information about you (i.e. browsing history, usage of mobile application and website) through our use of cookies, pixels, plugins, software development kits (SDKs) and other tracking technologies when you use our website and/or our mobile applications. For example, we identify and store the region where you are located based on your partially-masked IP address (which is anonymized immediately thereafter) in order to direct you to the appropriate country specific webpage. The collection of information on our websites and mobile applications are described in more detail below. * We may also collect personal information about you as a result of us recording communications, such as telephone calls or chat conversations, with you. We may store those recordings, in order to satisfy our legal and regulatory obligations, for quality assurance, or for the other purposes described in this Policy. * If you use the password-protected or country-specific portions of our website, we may ask you to provide us with certain information about yourself. This information may include your name, company name, title, address, country of residence, e-mail address, telephone number, account number, assets, income and/or financial situation. We use such information about you to verify your identity and eligibility to receive certain products or services, to provide information to you about products and services that we believe may be of interest to you, to record your interest in products and services that we offer, and to respond to your requests for information. We may also use cookies or other tracking technologies on portions of our websites or mobile applications to collect website and mobile application usage information and to optimize your user experience on our website and mobile application (e.g. remembering your country of residence). We may also collect personal information you provide to us in applications, forms, questionnaires or agreements you enter into with us or in the course of your establishing or maintaining a customer relationship with us, including information about your credit history or financial situation and your transactions with us or our service providers. * Under certain circumstances, third parties may collect anonymized information about your use of our and other websites or mobile applications and make this data (in anonymized form) available to us, to help us understand (i) from which geographical regions users have viewed our website or used our mobile application, (ii) user behavior with respect to Credit Suisse ads that are posted on other websites and (iii) the names of other websites on which you were shown Credit Suisse ads. Who can access the information we collect To the extent permitted by law, Credit Suisse may disclose your information to its affiliates, and their agents and third-party service providers, inside or outside your country of residence, to perform services for Credit Suisse. All Credit Suisse service providers that have access to personal data collected through our websites or our mobile applications are required to treat the information confidentially, use personal data only for the purpose for which it is provided, and respect all applicable data protection laws, Credit Suisse policies, and data protection contractual terms. Credit Suisse may also disclose your information to governmental agencies or entities, regulatory authorities or other persons in line with: * Applicable law, regulations, court order or official request; * Any requests from or guidelines issued by regulatory or other authorities; or * Similar purposes as are (i) either required or permitted by applicable law and (ii) permitted by Credit Suisse policies. Security of data transfers Please note that if you transfer your information to us through an open network, (such as the internet or an email service), such open network may not be a secure environment, and there is a possibility that your information may be (i) lost, (ii) transferred to another country and/or (iii) viewed and/or used by unauthorized third parties. If you decide to provide information to us through an open network, Credit Suisse cannot ensure the security and confidentiality of your information. Therefore, we ask that you consider using alternative methods of communication when sending us your sensitive personal or confidential information. Protection, processing and use of personal data We use your personal information to enhance the quality of our products and services as well as to maintain contact details for those with whom we interact. We restrict access to personal information about you to the employees, agents or other parties who need to know that information to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your personal information, including firewalls, individual password, encryption, and authentication technology. Other than as set forth in this Policy, we do not use or disclose your personal information to third parties, except with your consent or if disclosure is permitted by both law and as contemplated in the privacy notice(s) that we provide to you. In cases where we believe that additional products and services may be of interest to you, we may share your personal information with affiliates of Credit Suisse to the extent permitted by both applicable law and internal Credit Suisse policies.  We will retain your personal information in accordance with applicable data protection laws for so long as it is needed. Your personal data will be processed in accordance with the Credit Suisse Privacy Notice accessible through the official Credit Suisse website (e.g. for Switzerland please visit https://www.credit-suisse.com/ch/en/legal.html). If you are a resident of California U.S., please see our Annual Notice for California Resident Web-Users (found here: https://www.credit-suisse.com/media/assets/legal/ccpa-annual-notice-for-webusers.pdf), or any other privacy notices that may have been separately provided to you, for additional information about personal information that we collect and your rights under the California Consumer Privacy Act of 2018 ("CCPA"). How does Credit Suisse treat electronic messages All electronic messages sent to and from Credit Suisse are automatically retained in a distinct log system, which preserves the evidential validity of the e-mails.  Electronic messages are protected by reasonable technical and organisational measures and may only be accessed in justified cases in line with applicable laws, regulations and internal Credit Suisse polices to specific persons in defined functions (e.g. Legal, Compliance, and Risk).  If a visitor uses one of the contact e-mail addresses or the forms published by Credit Suisse on our websites or in our mobile applications in order to contact Credit Suisse, he/she expressly authorizes Credit Suisse to respond by the same means either to the sender address or to another indicated address. E-mail is not a suitable means for sending confidential information. Please note that banking secrecy cannot be guaranteed when using any means of electronic communication. Information provided via forms may be merged with analytics data - subject that the visitor has provided explicit consent to tracking - to deliver more tailored information while processing an inquiry. Credit Suisse websites and mobile applications functionality and tracking tools On our websites and mobile applications, we employ cookies, plugins, pixels (on certain webpages), software development kits (SDKs) and other technologies to improve the functionality, improve your online and mobile user experience, and to help us with our online advertising campaigns. On certain portions of our websites and mobile applications we use products and services provided by third-party service providers who, as part of the product or service being provided, utilize tracking technologies (including cookies, pixels, plugins, software development kits (SDKs) and other technologies), which may track, use and/or share your personal information. Information on our use of tracking technologies (e.g. cookies, plugins, pixels) is further described in the sections below. With the exception of tracking by "Necessary Cookies" (as defined in the table below), we will not track you using cookies, pixels or plugins or other technology unless you affirmatively consent to such tracking via either the consent manager you receive when first accessing our websites or the consent manager screen when you first launch our mobile applications. The privacy settings can be amended at any time either via the link in the footer on the website by clicking on "configure cookies" or in your personal settings within the mobile applications. For users using our U.S. country-specific pages, please see "Use of Tracking Technologies for U.S. Users" below for additional information specific to you. Cookies Cookies are small files, which are stored on your device to ensure the functioning of websites and mobile applications. These files document your visit to a website or a mobile application, and allow developers to track and implement your preferences and settings. Cookies can also help websites or mobile applications developers gather statistics about how often certain areas of the website or mobile application are visited and tailor the website or mobile application to be more useful and user-friendly. For more information about cookies, including how to control or delete them, please feel free to visit the U.K. Information Commissioner's Office website (https://ico.org.uk) or https://gdpr.eu/cookies/. We use cookies both created and implemented by Credit Suisse and third-party cookies created by vendors who provide services to us. The cookies that we use on our websites or mobile applications, and the purposes for which they are used, are listed in the table below. Plugins A plugin is a piece of software that adds a specific functionality or type of content to a website or a mobile application. For example, our website uses social media plugins, which, when clicked, connect to Credit Suisse's profile pages on various social media platforms. Other types of plugins – although not necessarily used on our website – could include code to allow for a video to be displayed and viewable on a particular webpage or code to display the social media feed from a particular social media user's profile directly onto a webpage Our website uses the social media plugins listed in the table below to provide you with the opportunity to access our profile pages on third-party social media platforms. By clicking on a social media plugin, you acknowledge that you will leave our website and access a third-party social media platform, and you understand that your personal information may be collected, used and/or shared in accordance with such third-party social media platform's privacy policy. For more information about the social media provider plugins used on our website and such third-party social media provider's privacy practices, please click on the applicable "privacy" link in the table below. Pixels A tracking pixel is a piece of code utilized by website or mobile application developers to collect additional information about website or mobile application use. A pixel is an extremely small icon (about the size of a pixel) that is displayed on certain pages of our websites or mobile applications, and which captures certain information each time the particular webpage or mobile screen where the pixel is incorporated is accessed. Different webpages or mobile screens within our website or mobile application may incorporate different tracking pixels, so developers are able to track your movement around our website or mobile applications. You may not always be aware when a tracking pixel is being utilized on a webpage or mobile screen you are accessing. Tracking pixels are used on our websites or mobile applications for web analytics and advertising purposes. The pixels that we use, and the purposes for which they are used, are listed in the table below. Use of tracking technologies for U.S. users Please note that this Policy is a global policy reflecting Credit Suisse websites and mobile applications activities across all Credit Suisse country and global websites and mobile applications and some third-party tracking technologies described in this Policy are not used on the U.S. Country Specific Pages. Tracking pixels are not used on portions of our websites or mobile applications intended primarily for U.S.-based users. This includes the U.S. homepage and other U.S.-specific webpages, but it does not include certain global portions of our website (such as the "Careers" page). Table 1 – Credit Suisse tracking technologies This table lists each tracking technology we use on our websites and/or mobile applications and the vendor and purpose of each. Credit Suisse tracking technologies Type Purpose Products and Vendors Necessary These tracking technologies ("Necessary Cookies") are necessary to make our website and/or mobile application work and to enable the basic features of this site (such as onsite search capabilities, location-finder tools, virtual and/or voice assistance, and accessing secure areas of our website and/or mobile application). Since they are necessary for our website and/or mobile application to function, by using our website and/or mobile application, you agree to their use for the above purpose. Product Vendor Link to Vendor's Privacy Notice Google AMP (accelerate mobile pages) Google Inc. Privacy Attivio (on site search capabilities) Attivio Inc. Privacy Google Maps (branch locator) Google Inc. Privacy Inbenta Chatbot (virtual assistant) Inbenta Holdings Inc. Privacy Maglr Maglr B.V. Privacy YouTube Google, Inc. Privacy Statistics These tracking technologies are used to track the number and type of visits to our websites and mobile applications and its pages / screens as well as usage patterns, in order for us to ensure that all parts of our website and mobile applications are working properly. These technologies are used to provide anonymous, aggregated data on how web- and mobile-users interact with our websites or mobile applications. Product Vendor Link to Vendor's Privacy Notice Adobe Analytics Adobe Systems Inc. Privacy Adobe SDK Adobe Systems Inc Privacy Google Analytics Google Inc. Privacy Decibel Decibel Insight Ltd. Privacy Qualtrics XM (website functioning) Qualtrics LLC. Privacy Personalisation These tracking technologies are used to enhance your user experience on our websites and mobile applications (i.e. screen layouts, preferred language and country location and to offer you personalized content that matches your interests) Product Vendor Link to Vendor's Privacy Notice Adobe Target Adobe Systems Inc. Privacy Adobe Audience Manager Adobe Systems Inc. Privacy Advertising These tracking technologies are used to (i) provide you with more relevant and useful advertising and to limit how many times you see an ad, (ii) help us improve the effectiveness of our advertising efforts and/or (iii) display Credit Suisse advertisements when you visit third-party websites with whom we have marketing relationships. They can be shared with vendors or advertisers. Tool Provider Link to Vendor's Privacy Notice App Nexus Xaxis LLC Privacy Bing Ads Conversion Microsoft Corp. Privacy DoubleClick Google Inc. Privacy Google Ads Conversion Google Inc. Privacy Turbine Xaxis LLC. Privacy Facebook Facebook Inc Privacy LinkedIn Microsoft Corp. Privacy Pinterest Pinterest Inc. Privacy Snapchat Snap Inc. Privacy Twitter Twitter Inc. Privacy Mechanisms to control the use of tracking technologies Consent Manager on our website and mobile applications You can decline consent for us to use third-party cookies, pixels, social media plugins and other tracking technologies when your device first accesses our website and/or mobile application by adjusting your privacy settings on the consent manager screen. The consent manager will display when: Website (i) your device accesses our website for the first time, (ii) your device accesses our website for the first time after deleting cookies in your browser, or (iii) you click the "Privacy Preferences" link at the bottom of each page of our website. Please note that if you are using a shared device, consent preferences may already have been set. You cannot decline consent for the use of Necessary Cookies (as defined in the table above) that are used to ensure the functionality and/or maintenance of our website. Mobile Applications (i) when you first install and launch one of our mobile applications, (ii) you delete, reinstall and launch one of our mobile application, (iii) you first install and launch our mobile applications on a new or additional device, or (iiii) open the "Privacy Preferences" in your personal settings within the mobile applications. Do Not Track settings Through certain web browser settings, you may have the option to utilize Do Not Track technology to control the tracking of your online activities across websites and/or mobile applications. Please note, however, that Credit Suisse may not always be able to recognize Do Not Track signals from your browser. The use of Do Not Track technology may prevent the consent manager from properly displaying. Newsletters Newsletters are sent only to users who specifically ask to receive them. By subscribing to a newsletter, the user agrees only that their email address may be used by Credit Suisse to send out newsletters. With each newsletter, we offer the option of correcting, updating or removing the information that recipients have provided. Users can unsubscribe from our newsletters at any time, using a link provided in every email. We do track openings and clicks on our newsletters in order to improve our offering and to increase the relevance to your interests. For Swiss domiciled individuals, our marketing emails (newsletters, invitations, email surveys, etc.) are managed and dispatched using email marketing solutions hosted on the Credit Suisse servers in Switzerland and all personal data collected along with the newsletter subscription is stored on the Credit Suisse’ servers in Switzerland and is not shared with third parties. Links Our websites and mobile applications may contain hyperlinks to other websites that are not operated or monitored by Credit Suisse. These other websites are not subject to this Policy and we are not responsible for their content or for their treatment of personal data. Your use of these links will be at your own risk. Thank you for using our website and/or mobile application! Springer Privacy policy This policy was last updated on 12/11/2020. This is the privacy policy ("policy") for SpringerLink which is run and provided by Springer Nature Switzerland AG (we, us and our). Springer Nature Switzerland AG is located at Gewerbestrasse 11, 6330 Cham, Switzerland. We can also be contacted at customerservice@springernature.com We will only use the personal data gathered over this website as set out in this policy. Below you will find information on how we use your personal data, for which purposes your personal data is used, with whom it is shared and what control and information rights you may have. I. Summary of our processing activities We publish scholarly journals, books, news and data. Some of this material is freely available; some of it is only available to subscribers. The following summary offers a quick overview of the data processing activities that are undertaken on our website. You will find more detailed information under the indicated sections below. * When you visit our website for informational reasons without setting up an account, only limited personal data will be processed to provide you with the website itself (see III). * If you are identified as belonging to a customer organisation then we collect information in order to be able to provide usage reporting to that customer. * In case you register for one of our services, use the submission and peer review systems or subscribe to our newsletters, further personal data will be processed in the scope of such services (see IV and V). * Furthermore, your personal data will be used to provide you with relevant advertising for our services and products (see VII) and for statistical analysis that helps us to improve our website (see VIII). Additionally, we improve your website experience with third party content (see IX). * Your personal data may be disclosed to third parties (see X) that might be located outside your country of residence; potentially, different data protection standards may apply (see XII). * We have implemented appropriate safeguards to secure your personal data (see XIII) and retain your personal data only as long as necessary (see XIII). * Under the legislation applicable to you, you may be entitled to exercise certain rights with regard to the processing of your personal data (see XIV). II. Definitions * Personal data: means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier. * Processing: means any operation which is performed on personal data, such as collection, recording, organisation, structuring, storage, adaptation or any kind of disclosure or other use. III. Informational use of the website When you visit our website for informational reasons, i.e. without registering for any of our provided services listed under IV and without providing us with personal data in any other form, we may automatically collect additional information about you which will contain personal data only in limited cases and which is automatically recognised by our server. Examples might include: * your IP address; * your device type, name and IDs; * the date and time of your requests; * the content of your requests; * information on your browser version; * your screen resolution; * information on your operating system, including language settings. We use such information only to assist us in providing an effective service (e.g. to adapt our website to the needs of your device or to allow you to log in to our website), and to collect broad demographic information for anonymised, aggregated use. If you are identified by IP or equivalent method as belonging to a customer organisation such as university or a company then we will also collect the identity of that organisation and use it to create usage reports which show the organisation how much of the content we publish is being read by their students, members or employees. This information does not contain anything related to a personal login unless (a) you are a nominated administrator for that organisation or (b) your organisation specifically requires it as a part of a usage-based access contract. The personal data automatically collected is necessary for us to provide the website, Article 6 sec. 1 sent. 1 lit. b GDPR, and for our legitimate interest to guarantee the website’s stability and security, Article 6 sec. 1 sent. 1 lit. f GDPR. IV. Registration for our services Access to subscription content is provided via a variety of mechanisms such as IP site licenses, login via third party federated identity providers or by a personal account with us. Using the federated authentication method institutional selection data may be stored locally in your browser and shared with third party websites that you visit to ease the process of institutional authentication. If your access to our content is provided by an organisation or an institution like a university or a company then they choose the access method on your behalf. A personal account is required to purchase content directly from us, or to receive personal services like newsletters and alerts. If you need to create a personal login with us then we will store and process the following: * Information (such as your name, user name and email address) that is provided by registration; * Information in connection with an account sign-in facility (e.g. log-in and password details); * Communications sent by you (e.g. via e-mail or website communication forms). The information that is necessary for the performance of the service is labelled accordingly. All further information is provided voluntarily. We will process the personal data you provide to: * Identify you at sign-in; * Provide you with the services and information offered through the website or which you request; * Administer your account; * Communicate with you; * (behavioural) Advertising and profiling; * Facilitate attendance of a conference; * Manage manuscript submissions; * Provide access (where appropriate) to other Springer Nature group content if you so request For this, the legal basis is Article 6 sec. 1 sent. 1 lit. b GDPR. The use of your personal data for behavioural advertising and profiling is done for the legitimate interest to improve your experience while using the website, Article 6 sec. 1 sent. 1 lit. f GDPR. We use the personal data and contact data you provide by registration to inform you directly about our additional products and services. The use of your personal data for directly advertising related products and services is a legitimate interest for us as a provider of this website, Article 6 sec. 1 sent. 1 lit. f GDPR. You can object to the use of your personal data for direct marketing at any time. We will then refrain from any processing to the extent it is related to such purposes. You may opt-out of direct marketing via opt-out links in any marketing communication or via user profile pages on the website (where available). You can also inform us about your objection by contacting our Data Protection Office at dataprotection@springernature.com. We offer notification services such as table-of-contents or new book alerts. This service is provided by means of a double-opt-in. Thus, you will receive an email containing a link by which you can confirm that you are the owner of the email address and wish to be notified via our email service. You can end this service by opting out via the link provided in each notification email. This notification service is based on your consent, Article 6 sec. 1 sent. 1 lit. a GDPR. Registration data is kept until such time as an account deletion request is made. If such a request is received we will erase your data within 30 days. Statutory storage obligations or the need for legal actions that may arise from misconduct within the services or payment problems can lead to a longer retention of your personal data. In this case, we will inform you accordingly. V. Information about the specific uses that require registration 1. Blogs You can publicly comment on our blog where we post a variety of articles to inform you about our activities. When posting a comment your name or user name will be made public. To be able to comment on our blog you will have to register as described in IV. In addition to the extent of processing described under IV, when you post a comment we will retain some of your personal data such as your IP address and name and other metadata such as time of posting. This is necessary to defend ourselves from possible liability claims that may arise from unlawful comments posted by you and reflects our legitimate interest with regard to the legal justification of this processing activity in Article 6 sec. 1 sent. 1 lit. f GDPR. We reserve the right to delete comments that are off-topic, spam, abusive, use excessive foul language, include ad hominem attacks or offend against legal regulations. 2. Web shop For the use of our web shop you have to set up an account as described under IV. Your customer account retains your personal data for future purchases. You can delete the personal data as well as the account in your account’s settings. This processing is based on Article 6 sec. 1 sent. 1 lit. b. By statutory law we are required to retain the provided financial data in relation to transactions (including address, payment and order information) for ten years. However, after 2 years we will restrict the processing of your personal data to comply with the statutory requirements and will not process the personal data any further. Regarding this, the retention of your personal data is based on Article 6 sec. 1 sent. 1 lit. c GDPR. 3. Article alerts and newsletters With your email address you can subscribe to our newsletters that provide you with the latest news about our products and services if you consent to receiving such newsletters. The legal basis for this processing is Article 6 sec. 1 sent. 1 lit. a GDPR. Your email address will be retained as long as you subscribe to our newsletters. You can unsubscribe from this service by opting out via the link provided in each newsletter. You can sign up for newsletters and request to be contacted about our products and services via Facebook. For this purpose, we are using Facebook Lead Ads, a service by Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304 U.S. ("Facebook"). Lead Ads makes it even easier for you to sign up to newsletters and request to be contacted as the form will already be pre-populated via Facebook with your data and you only need to submit the form. Of course, you have the opportunity to amend and review the data before submission. For more information on how lead ads works see here - https://www.facebook.com/business/ads/lead-ads. The legal basis for this processing is Article 6 sec. 1 sent. 1 lit. a GDPR. Your email address will be retained as long as you subscribe to our newsletters or until you request the removal of your email address. You can unsubscribe from newsletters by opting out via the link provided in each newsletter. If you inquired about a product or service and no longer wish to be contacted, you can email onlineservice@springernature.com, citing the name of the product or service, and request that your email address be removed. 4. Nature Conferences Springer Nature America, Inc. ("SNAI") [1 New York Plaza, Suite 4500, New York, NY 10004-1562, USA] and for China, Macmillan Information Consulting Services (Shanghai Co. Ltd) [10-11unit, 42 Floor, The Center, 989 Changle Road, XuHui District, 200031 Shanghai, CHINA], affiliates of Springer Nature Limited (together "Springer Nature entities"), collect personal data from attendees to Nature conferences to facilitate registration and plan for the events. This includes data categories such as: Identification data (which may include name, address, telephone number, email address), entity type (e.g. academic, government, industry), position titles, curriculum vitaes, professional license information, dietary requirements, gender, information for travel arrangements (i.e., passport data, date of birth) and payment information. We also request information relating to requirements for reasonable accommodation where physical assistance may be needed to attend. We may collect data through a third party vendor such as Eventsforce Solutions Ltd. Eventsforce act as a data processor on our behalf. The use of your personal data in relation to conference attendance is based on Article 6 sec. 1 sent. 1 lit. b GDPR and Art. 9 sec. 2 lit. a GDPR with regard to all health-related information you share with us in order to enable us to provide the required physical assistance to you. With the consent of attendees, we may use personal data, specifically identification data such as name and email address, to share information with attendees about future Nature conferences or other products, services and special offers. We’ll continue to send you information and store your data until you ask us to be removed. This notification service is based on your consent, Article 6 sec. 1 sent. 1 lit. a GDPR. 5. Manuscript submission and Peer Review Our Submission and Peer Review System offers the services of peer review, content preparation and proofing, publication and dissemination of research. In order to use the aforementioned services you have to set up an initial account. Where optional paid services may be engaged, you will be prompted to set up an additional, or enhance an existing account. With regard to the registration of an account and its subsequent use, we process the following information. * Information that is provided by registration such as your name, user name and email address. * Information in connection with an account sign-in facility, e.g. log-in and password details; * Communications sent by you, e.g. via e-mail or website communication forms. * Content files and covering letters provided by you * Grants, funding, membership, institution, society, committee registration * Billing or invoicing information * Information received from societies we work with, e.g. address, name, email address The information that is necessary for the performance of the service is labelled accordingly. We will process the personal data you provide in order to: * Identify you at sign-in; * Administer your account; * Provide you with the services and information offered through the Submission and Peer Review System or which you additionally request; * Communicate with you; * Process payments * Provide information to you as an Author about other publishing opportunities, with the Springer Nature group, you can stop these communications at any time by clicking the link in each email or contacting customer services; * Communicate with you in your capacity as a current or potential Peer Reviewer, Editorial Board Member, or external Editor to provide information about the journal (s) and content you have worked on; you can stop these communications to you as a Peer Reviewer, Editorial Board Member, or external Editor at any time by clicking the link in each email or contacting Customer Service at customerservice@springernature.com. Stopping these communications will not affect your status as Peer Reviewer, Editorial Board Member or external Editor with respect to the journal. * Create a profile of your publication record based on publicly available data, such as published books and articles, citations and grants awarded. This information will not be used to determine article acceptance, nor will it be used for automated decision making (see section VI for more information on automated decision making). This information will be used to personalise communications and provide you with the latest news about our products and services; * To ensure the accuracy of content attribution and the quality and integrity of the peer review process * Provide you with e-alerts * Offer to transfer your submission to an alternative Springer Nature title if applicable * Authorise and process Article Publication Charges (APCs) For this, the legal basis is Article 6 sec. 1 sent. 1 lit. b GDPR, and for our legitimate interest in optimizing our services and preventing fraud, Article 6 sec. 1 sent. 1 lit. f GDPR. Your personal account registration data is, in the absence of exceptions within the specific services mentioned, retained for as long as your account is used. Non-activity is defined at a minimum of three years, to facilitate ease-of-return for account holders. Content and communications, associated with submissions, reviews or decisions made by an account holder is held for a period of 12 months following final decision before being stored within long term limited-access archiving. Content may be engaged in relation to the services provided and in the interests of the integrity of published material. Such a decision will be made under the oversight of the Springer Nature Research Integrity Group. The need for legal actions within the services or payment problems can lead to a longer retention of your personal data. In order to ensure the high quality of our journals and publications as well as the significance of the scientific research published, we have implemented a peer review procedure. In order to find and contact suitable and qualified peer reviewers within the relevant research community, editorial team members may process some of your basic personal data (i.e. Email address, name and research interest) to register you for our Peer Review System. The legal basis for processing your personal data is our and the Publisher’s or the respective editor’s legitimate interest in finding and contacting suitable and qualified peer reviewers to ensure the high level of papers and articles published in our journals, Art. 6 (1) sent. 1 lit. f GDPR. As a Peer Reviewer or external Editorial Board Member we will contact you from time to time about the journal(s) and content that you have worked on, Art. 6 (1) sent. 1 lit. f. If you do not wish to be contacted any longer, you can contact us at customerservice@springernature.com. Please note that we may keep some of your personal data to recall your explicit wish to not be contacted for any peer review procedure in the future and thus, to prevent any future processing of your data in this regard. The legal basis for this is our and your legitimate interest in recalling your wish and preventing any future contacting, Article 6 (1) sent. 1 lit. f GDPR. 6. Author and instructor services If you use the author and instructor services the required data are retained for the duration of the process plus a security period. Regarding this, the retention of your personal data is based on Article 6 sec. 1 sent. 1 lit. b GDPR. If you have qualified for an author discount for purchasing books, the retention periods of the web shop are applicable (see above). To request a free online review copy of a book we use the contact data in your account to process the request. VI. Automated decision making We do not use your personal data for automated decision making which produces legal effects concerning you or similarly significantly affects you; however we do use your personal data to offer you content and services which we believe may be of interest. We do not use your personal data for automated decision making which produces legal effects concerning you or similarly significantly affects you, however we do use your personal data to offer you content and services which we believe may be of interest. VII. Online advertising, e-commerce and related tools We use marketing services to provide you with interesting offers. For this purpose, we place advertisements via advertising service providers that use cookies and/or web beacons that are activated when you visit our website. Cookies are small text files that are stored locally in the internet browser and allow recognition of a user. Web beacons are small image files, which allow log file recording and log file analysis. To present online advertising we use the services of, inter alia, Google AdExchange, Google AdSens. Respective advertisement is labelled as "ADVERTISEMENT" or "AdChoices". The cookies and web beacons enable our service providers to collect information about you and your surfing behaviour, e.g. IP address, browser information, information on user activities and click data, and to recognize visitors to our website under a pseudonym and only display products that are likely to be of interest to our visitors. Most of the tools use pseudonymised or aggregated data, e.g. shortened IP addresses. The data is used to analyse the use of our website and, thereby, improve and optimize the website and to display advertising tailored to your needs. We collect this data (to improve your website experience and to promote our products and services) via OneTrust, a cookie management tool; you can update your preferences here. Personal data collected via first party cookies is based on Article 6 sec. 1 sent. 1 lit. f GDPR and represents our legitimate interest to improve your website experience and to promote our products and services. We collect this data via a cookie management tool; you can update your preferences here. Personal data collected via third party targeting cookies is based on your consent, managed via our preference centre; Article 6 sec. 1 sent. 1 lit. a GDPR. Please note that we neither have the control of the extent of personal data that is collected by the respective plug-in provider nor do we know the processing’s purpose or the period your personal data will be retained. Your personal data will be transferred to and processed inside and outside of the EEA. For further information about the potential risks of a cross border data transfer refer to XI. It is possible that the above providers may disclose your personal data to its business partners, third parties or authorities. You can prevent the installation of such a cookie (i) by a respective setting of your browser that blocks the installation of third party cookies, (ii) by deactivating the interest-related advertising under https://www.google.co.uk/ads/preferences, (iii) generally blocking cookies under https://www.google.co.uk/settings/ads/plugin or (iv) by deselecting the option for tracking cookies via the Springer Nature cookie preference centre. Further information about the processing of your personal data in the provider’s course of operation is provided by its privacy policy. Moreover, you will be provided with further information with regard to your rights and settings concerning privacy. You can access the provider’s privacy policy by following these links: * Yahoo * Twitter * Facebook * Criteo * Google AdExchange * Google AdSense * Oracle MOAT * Google Ad Manager * Brightcom * Rubicon Project * Pubmatic   * Appnexus * Permutive * Microsoft Bing Ads * Baynote * CJ Affiliate * Hotjar * Marvellous Machine * SAP Marketing Cloud * DocuSign Google AdWords Remarketing and Facebook Custom Audience In this Website, we use the remarketing or "Similar audiences" feature of AdWords offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google" Google uses Cookies/tracking technologies, i.e., text files that are stored on your computer and that allow us to analyze your use of our Website. Information generated by Cookies/tracking technology on your use of this Website (including your IP address) will be transferred to a Google server in the U.S. and stored on that server. After that, the last three digits of the IP address will be deleted by Google so that it is no longer possible to clearly match this IP address with personal data. Google has obtained a Privacy Shield Certification and agreed to compliance with the Privacy Shield Treaty between the EU and the U.S. on the collection, use and storage of personal data from EU member states, as published by the U.S. Department of Commerce. Google will use this information to analyze your use of the Website, to create website activity reports for the website operators and to provide additional services in connection with the use of the Website and the Internet. Furthermore, Google may transfer this information to third parties, if it is required to do so in accordance with statutory provisions or if third parties process data on behalf of Google. Third party providers, including Google, place advertisements on websites on the Internet. Third party providers, including Google, use stored Cookies/tracking information to place advertisements based on previous visits of a user on this Website. For additional information on the anonymous analysis of your search behaviour please refer to: * https://support.google.com/analytics/answer/6004245?hl=de * http://www.google.com/policies/technologies/ads/ You may object to data collection and storage for the purpose of remarketing at any time - this objection will be effective for the future, but not retroactively - by deactivating interest-based advertising in Google or by deactivating the services on the website of the Network Advertising Initiative. Note: in that case, you may not be able to use all features of this Website anymore. By using this Website, you grant your consent to the processing of data collected about you by Google in the manner and for the purpose described above. Furthermore, this Website uses retargeting tags and Custom Audience of Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304 U.S., hereinafter referred to as "Facebook". When you visit our web pages, remarketing tags will build a direct connection between your browser and the Facebook server. This way, Facebook learns that you have visited our web page with your IP address. This will enable Facebook to match your visit of our pages with your user account. The information obtained this way can be used to display Facebook ads. Please note that we as the provider of the webpages do not receive any information on the contents of data transferred and their use by Facebook. With regard to the use of Custom Audience we would like to point out that Facebook and third parties use cookies, web beacons or similar technologies to collect or gather information on this Website. Based on the data gained we can make our Facebook activities more efficient and, e.g., arrange for contents or ads to be shown only to visitors of our Website. The data collected this way will be encrypted and transferred to Facebook and is anonymous for us, e.g., we cannot see personal data of individual users. For further information on the privacy policy of Facebook and Custom Audience please refer to https://www.facebook.com/about/privacy/ or https://www.facebook.com/business/a/online-sales/custom-audiences-website. If you do not wish your data to be collected via Custom Audience, you can deactivate Custom Audience using this link. VIII. Analytics OneTrust We use Onetrust, a service provided by OneTrust LLC, Dixon House, 1 Lloyd's Avenue, London, EC3N 3DQ ("Onetrust"). We use Onetrust services to provide information about the cookies and other tracking technology used on our website and to manage user preferences on that behalf. Onetrust places the following cookies on your computer:
OptanonAlert, OptanonConsent, _dc_gtm_UA-xxxxxxxx This allows us to identify if the cookie banner is displayed, which choices you made and how to act upon those choices (Opt-in or Opt-out of cookie categories). These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences. To review your current settings please go to https://link.springer.com/cookiepolicy. These cookies do not store any personally identifiable information. You can set your browser to block these cookies, but some parts of the site may then not perform as designed. For more information about privacy policies and OneTrust, please refer to the OneTrust website: https://Onetrust.com/privacy-notice/. For statistical analyses we use web analytics services such as Google Analytics, collect information about the use of this site. General tracking information The tools collect information such as: * Device and browser information (operating system information, Mobile device identifier, mobile operating system, etc.) * IP address * Page accessed, URL click stream (the chronological order of our internet sites you visited) * Geographic location * Time of visit * Referring site, application, or service We use the information we get from the providers to determine the most useful information you are looking for, and to improve and optimise this website. If you do not express a preference regarding tracking we will track your behaviour online for the purposes described above; this data will not be shared outside of Springer Nature. You can stop this tracking here.
The legal basis for this processing via Google Analytics is Art. 6 sec. 1 sent. 1 lit.f GDPR and represents our legitimate interest to analyse our website’s traffic to improve the user’s experience and to optimise the website in general. We do not share information on your web behaviour with any 3rd party providers without your explicit consent. Consent is provided by clicking the appropriate button on the web banner that appears on your first visit to the website. You can update or withdraw your consent by visiting OneTrust. The legal basis for this processing is Art. 6 sec. 1 sent. 1 lit. a GDPR and represents you consent to accepting 3rd party targeting cookies. Depending on the provider the information generated about your use of the website may be transferred to and processed in third countries, e.g. the United States. For further information about the potential risks of a cross border data transfer please refer to section XI. The tools collect only the IP address assigned to you on the date you visit this site, rather than your name or any other identifying information. The provider will use this information in order to evaluate your use of the website, to compile reports on website activities and to provide other services relating to website and internet use to us. Google Analytics We use Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). On our behalf Google will use the information generated by a cookie for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet activity in connection with the use of the website and according to your consent preferences. You can access the Google Analytics privacy policy here. The legal basis for the data transfer is Art. 28 GDPR in conjunction with the data processing agreement. You may refuse the use of cookies by selecting the appropriate settings on your browser or by amending your preferences. In addition to that you may prevent the collection of the information generated by the cookie about your use of the website (including your IP address) and the processing of this data by Google if you download and install the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout IX. Third party content and social media plug-ins 1. Social media plug-ins We use the following social media plug-ins: Facebook, Twitter. This allows you to communicate with such services and like or comment from our website. Social media plug-ins enable a direct communication between your device and the servers of the social media provider, allowing the social media provider to communicate with you and collect information about you browsing our website. This processing is based on Article 6 sec. 1 sent. 1 lit. f GDPR and represents our legitimate interest to improve your website experience and to optimise our services. Transfer of personal data takes place whether you have an account with the provider or not. Please note that we neither have the control of the extent of personal data that is collected by the respective plug-in provider nor do we know the processing’s purpose or the period your personal data will be retained. Further information about the processing of your personal data in the provider’s course of operation is provided via their respective privacy policy. Moreover, you will be provided with further information with regard to your rights and setting concerning privacy. a) Facebook Social Plugins We use so-called social plugins ("plugins") of the social networking site facebook.com provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins can be identified by one of Facebook’s logos (white "f" on blue tile or a "thumps-up"-sign) or by the additional text "Facebook Social Plugin". The list of Facebook Social Plugins and their appearance can be accessed via: http://developers.facebook.com/plugins. If a user visits one of the websites using such a plugin, the user’s browser directly connects to Facebook’s servers. The plugin and its content are made available directly on Facebook’s servers and included in the website by the user’s browser. Due to the integration of the plugin Facebook collects the information that a user is visiting the corresponding website. If the user is logged in on Facebook at the moment he or she visits the website, Facebook may be able to connect the visit on the website to the user’s Facebook account. If the user interacts with the plugin – for example if he or she presses the like button or comments on something – the user’s browser transmits this information to Facebook. Facebook stores this information. If a user is not a member of Facebook, Facebook may collect and store the user’s IP-address. Facebook states that it only collects anonymized IP-addresses in Germany. The reason for and scope of the data acquisition and information about the way in which the data is processed and used by Facebook, as well as the user’s rights in this respect and settings options for protecting the users privacy can be found under: https://www.facebook.com/policy.php. If the user is a member of Facebook and does not wish Facebook to collect personal data via this homepage and to link this with his data stored on Facebook, the user needs to log off from Facebook before going to this homepage. The user may also block Facebook’s plugins using add-ons for the user’s browser, for example the "Facebook Blocker". b) Twitter We use the twitter-button. The button is provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. ("Twitter") The buttons are marked using the text "Twitter" or "Follow" and a stylized blue bird. The button enables the user to share an article or a website of this homepage on Twitter or to follow the provider on Twitter. If a user visits one of the websites using such a button, the user’s browser directly connects to Twitter’s servers. The Twitter-button and its content are loaded directly from Twitter’s servers and included in the website by the user’s browser. According to the provider’s knowledge, Twitter collects the user IP-address and the website’s URL when the button is loaded from Twitter’s servers. However, this data is only be used for loading and displaying the Twitter-button. Further information can be found in Twitter’s privacy statement under: https://twitter.com/privacy. Should you have any questions regarding our privacy policy, please contact us via the email address dataprotection@springer.com. X. Information sharing Where personal data is disclosed to third parties for the purposes mentioned above the legal basis for the transfer of your personal data is Article 6 sec. 1 sent. 1 lit. b and f GDPR. Some of the recipients may reside outside the EEA. For further information about cross border transfer in general and transfers outside of the EEA see section on Cross border data transfers. We may disclose your personal data to contractors who assist us in providing the services we offer through the website. Such a transfer will be based on data processing agreements (Art. 28 GDPR). Therefore, our contractors will only use your personal data to the extent necessary to perform their functions and will be contractually bound to process your personal data only on our behalf and in compliance with our requests. In the event that we undergo re-organisation or are sold to a third party, any personal data we hold about you may be transferred to that re-organised entity or third party in compliance with applicable law. We may disclose your personal data if legally entitled or required to do so (for example if required by law or by a court order). The legal basis for this will be Article 6 sec. 1 sent. 1 lit. c GDPR (in conjunction with the respective national law). 1.Peer Review and Author Services In the course of providing our peer review services, your data may be accessed by different members of the editorial team such as editors and assistant to the editorial office. To determine the locations of the Editorial board members, you may refer to a journal’s homepage. Granting access to your personal data and the respective processing activity will be based on our and the legitimate interest of the respective society publishing the Journal in successfully publishing high quality articles and papers and ensuring the quality and significance of the respective research published in our journals, products and databases, Article 6 sec. 1 sent. 1 lit. f GDPR. In order to do so we and/or the respective society may process your personal data to find, contact and evaluate suitable and qualified peer reviewers within the relevant research community. This also includes data sharing between us and the respective society. For example, we may share reviewer and author data to publish the journal. Please note that the society and we are independently responsible for the respective data processing conducted. We neither have the control of the extent to which personal data is processed by the respective society nor do we control the processing purpose or the period your personal data will be retained. It is also possible that the above-mentioned societies may disclose your personal data to their business partners, third parties or authorities. For further information on the data processing under the society’s control please refer to the respective society’s privacy notice. Your personal data will be transferred to and processed inside and outside of the EEA. For further information on cross border data transfer, please refer to section on Cross border data transfers. As an author we’ll share your personal data with third parties, like your institution or employer. This is required to manage and approve payment of associated Article Publication Charges (APCs) in order to fulfill the publication of your manuscript. The legal basis is Art. 6 (1) 1 lit. b GDPR. By submitting your article for consideration, you acknowledge that if you are recognised as affiliated to an institution or funder with a Springer Nature open access agreement, your name and contact details may be shared with a representative from that institution or funder in order for us to verify whether they agree to cover, in full or in part, the article processing charge (APC) that is payable upon editorial acceptance of submitted articles. For this, the legal basis is Article 6 sec. 1 sent. 1 lit. b GDPR, to fulfil our contractual obligations to you. Should you choose not to follow the open access route to publication we may still share your personal data with the institution or funder you’re affiliated with. Importantly we will only do this post publication to ensure there’s no bearing on the evaluation of your submission prior to acceptance. The legal basis to share your data in this instance is Article 6 sec. 1 sent. 1 lit. f GDPR, our legitimate interest to develop and improve our open access program to the benefit of authors and the scientific community generally. Customer service, administrative, operational and systems support is provided by other entities of the Springer Nature Group and third party contractors (together "Contractors"). We may disclose your personal data to Contractors who assist us in providing the services we offer through the Submission and Peer Review System. Such a transfer will be based on data processing agreements in accordance with Article 28 of the GDPR. Therefore, our Contractors will only use your personal data to the extent necessary to perform their functions and will be contractually bound to process your personal data only on our behalf and in compliance with our requests. Further services, provided by third party technology and service providers, are similarly bound by data processing agreements. 2. Usage Reports We may disclose anonymous aggregate statistics about users of the website in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personal data. We also supply standardized usage reports to institutional customers, also known as Counter Reports. For more information on Counter Reports - https://www.projectcounter.org/code-of-practice-sections/usage-reports/ In addition to the above mentioned anonymous reports and by special arrangement: When you read research journals and eBooks or use database products, we will process your personal data to create usage reports. For journals and eBooks this will include your full text HTML and PDF downloads, your IP address and potentially your email address. This data is necessary for the usage report as it provides information on the usage and overall interest in a particular journal or group of journals or eBooks. The legal basis is Art. 6 (1) 1 lit. f GDPR. We have a legitimate interest to assess and evaluate the use of our content to be able to improve our services. We will retain this data securely for ongoing internal analysis and future reference. We may share the usage data with licensee under whose license you are accessing and using our services, (e.g. your employer, the institution you are a member to, your university etc. "Licensee"). The legal basis is Art. 6 (1) 1 lit. f GDPR. The Licensee has a legitimate interest in using the usage data to assess and evaluate the economic efficiency of its license for our content. Based on this evaluation, the Licensee will be able to determine e.g. the necessity to obtain more licenses or reduce the number of licenses or to allocate costs internally. Further, the usage data may allow the Licensee to request contributions or funding. The Licensee is contractually limited to use using the usage data for no other purposes than these economic efficiency assessment purposes. In addition, we ourselves have a legitimate interest in enabling the Licensee to use the usage data to conduct respective evaluation and assessments is also in our interest as it makes our service more attractive for the Licensees. If the Licensee resides outside the EEA, the transfer is safeguarded by a Commission’s adequacy decision such as the Privacy Shield or EU Standard Contractual Clauses. You can find further information about the aforementioned safeguards by contacting onlineservice@springernature.com. You may object to the transfer of the usage data to the Licensee at any time without reason by sending an email to onlineservice@springernature.com. XI. Cross border data transfers Within the scope of our information sharing activities set out above, your personal data may be transferred to other countries (including countries outside the EEA) which may have different data protection standards from your country of residence. Please note that data processed in a foreign country may be subject to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies. However, we will endeavour to take reasonable measures to maintain an adequate level of data protection when sharing your personal data with such countries. In the case of a transfer outside of the EEA, this transfer is either safeguarded by the Privacy Shield or EU Model Clauses in accordance with Article 46 GDPR. You can find further information about the aforementioned safeguards by following this link https://ec.europa.eu/info/law/law-topic/data-protection_en or contact our Group Data Protection Officer via dataprotection@springernature.com for specific information on respective safeguards. XII. Security We have reasonable state of the art security measures in place to protect against the loss, misuse and alteration of personal data under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal data. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it. You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via our website whilst it is in transit over the internet and any such submission is at your own risk. XIII. Data retention We strive to keep our processing activities with respect to your personal data as limited as possible. In the absence of specific retention periods set out in this policy, your personal data will be retained only for as long as we need it to fulfil the purpose for which we have collected it and, if applicable, as long as required by statutory retention requirements. XIV. Your rights Under the legislation applicable to you, you may be entitled to exercise some or all of the following rights: 1. require (i) information as to whether your personal data is retained and (ii) access to and/or duplicates of your personal data retained, including the purposes of the processing, the categories of personal data concerned, and the data recipients as well as potential retention periods; 2. request rectification, removal or restriction of your personal data, e.g. because (i) it is incomplete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) the consent on which the processing was based has been withdrawn; 3. refuse to provide and – without impact to data processing activities that have taken place before such withdrawal – withdraw your consent to processing of your personal data at any time; 4. object, on grounds relating to your particular situation, that your personal data shall be subject to a processing. In this case, please provide us with information about your particular situation. After the assessment of the facts presented by you we will either stop processing your personal data or present you our compelling legitimate grounds for an ongoing processing; 5. take legal actions in relation to any potential breach of your rights regarding the processing of your personal data, as well as to lodge complaints before the competent data protection regulators; 6. require (i) to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and (ii) to transmit those data to another controller without hindrance from our side; where technically feasible you shall have the right to have the personal data transmitted directly from us to another controller; and/or 7. not to be subject to any automated decision making, including profiling (automatic decisions based on data processing by automatic means, for the purpose of assessing several personal aspects) which produce legal effects on you or affects you with similar significance. You may (i) exercise the rights referred to above or (ii) pose any questions or (iii) make any complaints regarding our data processing by contacting us using the contact details set out below. XIV. Contacting us Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to our Group Data Protection Officer. You can contact our Group Data Protection Officer via dataprotection@springernature.com The information you provide when contacting us at dataprotection@springernature.com will be processed to handle your request and will be erased when your request is completed. Alternatively, we will restrict the processing of the respective information in accordance with statutory retention requirements. XV. Amendments to this policy We reserve the right to change this policy from time to time by updating our website respectively. Please visit the website regularly and check our respective current privacy policy. This policy was last updated on 25/06/2020. RESTREAM Terms of Service Last modified on 11/25/2020 Your Agreement This is a binding agreement between Restream, Inc. ( "Restream" ) , a video streaming service provider, and you as an individual and, if applicable, the company or other legal entity you represent (collectively, "you" ). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Agreement" or "Terms of Service" ), govern your access to and use of www.restream.io and any of Restream’s other websites that directly link to these Terms of Service (collectively, the "Site" ), including any content, functionality, and Services offered on or through the Site.

Please read these Terms of Service carefully before you start to use the Site. By using the Site or by clicking to agree to these Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://restream.io/privacy-policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site or any content, functionality, or Services offered on or through the Site.

If you are entering into these Terms of Service on behalf of a company or other legal entity, you confirm that you have the legal authority to bind the legal entity to these Terms of Service. If you do not have such authority, or if you do not agree with these Terms of Service or the Privacy Policy, you may not use the Site or any content, functionality, or Services offered on or through the Site.

Content
 1. Accounts 2. The Services 3. Modifications to These Terms of Service 4. Term, Termination, and Suspension 5. Restream Properties; Restream Content 6. License Grant; Retained Rights 7. Acceptable Use Policy 8. Downtime and Service Suspensions; Security 9. Restream Referral Program Terms and Conditions 10. Fees 11. Confidentiality 12. Intellectual Property 13. Representations and Warranties; Disclaimers; Limitations of Liability 14. Indemnification 15. US Government License Rights; Import and Export Compliance 16. Notices 17. Miscellaneous Provisions 1. ACCOUNTS 1.1 Registration. To access the Site or some of the resources that it offers, you may be asked to create an account ( "Account" ) by providing certain registration details or other information. Unless otherwise stated in the applicable Service Description (as defined in Section 2), you may only create one Account per email address. It is a condition of your access and use of the Site that all information that you provide is correct, current, and complete. You agree that all information that you provide is governed by our Privacy Policy, and that you consent to all actions that we take with respect to your information consistent with our Privacy Policy. 1.2 Eligibility. You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an Account or use our Services. Individuals under the applicable age must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, such parent or legal guardian is the user and is responsible for any and all activities under the Account. 1.3 Individual Accounts If you register for the Services as an individual, you warrant that (a) you shall limit your use of the Services to stream video content that you own or created and shall not use the Service on behalf of an entity or organization (i.e., you cannot use the Services on behalf of a company, you must only be streaming for yourself), and (b) the registration information that you provide is, and shall remain throughout the Term, accurate and complete. 1.4 Entity Accounts If you register for the Services as an entity, you are permitted to live stream video content on behalf of others or as a service. For example, if you work for a company and your job is to live stream company content, you must register for one of our "for companies" plan; if you are a digital marketing agency producing live video broadcast for agency clients, you must register for our “for companies” or “agency” plan. Further, if you register for the Services as a company or agency, you warrant that: (a) the registration information that you provide is, and shall remain throughout the Term, accurate and complete; (b) you are duly authorized to do business in the country or countries where you operate, (c) the individual clicking to agree to these Terms of Service and completing the registration process meets the requirements of Section 1.2 above and is an authorized representative of your entity, and (d) your employees, officers, representatives and other agents accessing the Services are duly authorized to access the Services and to legally bind you to this Agreement and all transactions conducted under your Account. 1.5 Activities Under Your Account. You are fully responsible for all activities that occur under your Account, regardless of whether such activities are undertaken by you or a third party. Therefore, you should contact us immediately if you believe a third party may be using your Account, or if your Account credentials are otherwise lost or stolen. We are not responsible for any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your Content (as defined in Section 7.1.2.) or other data which you submit or use in connection with your Account or the Services. 2. THE SERVICES The services covered by this Agreement include both services that Restream and its affiliates (referred to together herein as "we" or "us" make available for no fee (the "Free Services" ), and services that we make available for a fee (the "Paid Services" ). The Free Services and the Paid Services are referred to collectively in this Agreement as the "Services." Each Free Service and Paid Service is referred to individually as a "Service." We may, at our sole discretion, at any time and without notice: (a) begin charging fees for a Free Service, in which case such Service shall thereafter be deemed a Paid Service, and/or (b) cease charging fees for a Paid Service, in which case such Service shall thereafter be deemed a Free Service. For the purposes of this Agreement, "Service Descriptions" will mean the descriptions published on the Site at https://restream.io/pricing. 3. MODIFICATIONS TO THESE TERMS OF SERVICE You agree that we may modify these Terms of Service, or any policy or other terms referenced in these Terms of Service and/or in the Service Descriptions (collectively, “Additional Policies”), at any time by posting a revised version of these Terms of Service or such Additional Policy on the Site. The revised Terms of Service shall be effective as follows: If the revised Terms of Service are for any then-existing Paid Services: * any Paid Services which we are adding at the time of the revision, * the Privacy Policy, * the Acceptable Use Policy set forth in Section 7 below, * any other general terms and conditions applicable to our Services, Sites or other properties, * or * any Free Service, then the revised Terms of Service shall be effective upon posting (unless we expressly state otherwise at the time of posting). If the revised Terms of Service are for: then the revised Terms of Service shall be effective the earlier of fifteen (15) days after posting or, if we provide a mechanism for your immediate acceptance of the revised Terms of Service (such as a click-through confirmation or acceptance button), your acceptance of such revised Terms of Service. By continuing to access the Site and/or use or receive the Services after the effective date of any revisions to these Terms of Service or any Additional Policies, you agree to be bound by such revised Terms of Service or revised Additional Policies. It is your responsibility to check the Site regularly for changes to these Terms of Service or the Additional Policies, as applicable, so you are aware of any changes, as they are binding on you. We last modified these Terms of Service on the date set forth at the top of these Terms of Service. 4. TERM, TERMINATION, AND SUSPENSION 4.1 Term The term of this Agreement (“Term”) shall commence, and you may begin using the Services, when you agree to these Terms of Service by completing the registration process for your Account and begin to use the Services, or by clicking to agree to these Terms of Service when the option is made available to you. This Agreement shall remain in effect until terminated by you or us in accordance with this Section 4. 4.2 Termination by You for Convenience You may terminate this Agreement for any reason or no reason at all, at your convenience, by: (a) providing us written notice of termination in accordance with Section 16.2 below, (b) closing your Account for any Service for which we provide an Account closing mechanism, or (c) with respect to a Trial Account, through no action other than letting the trial period expire and never again accessing your Account. 4.2.1. Account Closure If a Paid Service is subject to a minimum Service term, or has been prepaid for a defined period, your Account shall be closed immediately unless you specify that the Account is to be closed at the end of the minimum Service term described in the applicable Service Description on the Site at the time of purchase, or at the end of the prepaid period. If such Paid Service requires an advance notice of termination (cancellation), your Account shall be closed at the end of the advance notice of termination (cancellation) period as described in the Service Description on the Site at the time of purchase. Upon termination, all of your stored content and channels shall be removed from Restream’s servers and systems (i.e., Restream does not cache your social media platform credentials – your user name(s) and password(s) shall be deleted upon Account closure). No refunds of prepaid, unused fees shall be issued due to your decision to close your Account unless (a) Restream has suffered a general network outage or problem which prevented you from using your Account for a period of at least seventy-two (72) consecutive hours, or (b) you have encountered other issues with access to the Site and our support team has been unable to resolve such issues in the seven (7) day period after your issue is reported. No refunds will be issued due to Account closure if you didn’t face issues using our Services; our billing team has the absolute right to decline to issue a refund. 4.2.2. To Terminate (Cancel) any of the Paid Plans You must log into your Account, click the Chat button and contact us to cancel the Account, or send an email from the email account used to access your Restream dashboard to team@Restream.io instructing us to cancel the Account. Upon receiving and processing the notice, the Account shall be closed per Section 4.2.1. above. When terminating a more expensive Monthly Plan to downgrade to a less expensive Monthly Plan, or when changing plan types at your request, you agree that no refunds or credits shall be provided. NOTE: while Restream may at its sole discretion accept a cancellation notice sent via a different email address or by telephone as a courtesy in order to avoid a pending charge, you must submit a ticket per this section 4.2.2 to officially terminate the Account; otherwise, the Account may be considered as closed due to a payment default. 4.2.3. To Terminate (Cancel) an Event Plan Account You may terminate an Event Plan Account at any time with no recurring charges upon notice to us in accordance with the provisions set forth in Section 16.2. below. 4.3 Termination or Suspension by Us Other Than for Cause 4.3.1. Free Services We may suspend your right and license to use any or all Free Services (and any associated Restream Properties, as defined in Section 5 below) or, if you are only using Free Services, terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time, immediately upon notice to you in accordance with the notice provisions set forth in Section 16.1 below. 4.3.2. Paid Services We may suspend your right and license to use any or all Paid Services (and any associated Restream Properties), or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to you), for any reason or for no reason, at our discretion at any time by providing you thirty (30) days advance notice in accordance with the notice provisions set forth in Section 16.1 below. 4.4 Termination or Suspension by Us for Cause We may suspend your right and license to use any individual Service or any set of Services, or terminate this Agreement in its entirety (and, accordingly, your right to use all Services), for cause, effective as set forth below: 4.4.1. Immediately upon our notice to you in accordance with the notice provisions set forth in Section 16.1 below if: * you attempt a denial of service attack on any of the Services, * you seek to hack or break any security mechanism on any of the Services or we otherwise determine, in our sole discretion, that your use of the Services or the Restream Properties poses a security or service risk to us, to any other user of the Services, to any third party sellers on any of our websites, or to any of our customers or their respective customers, or may subject us or any third party to liability, damages or danger, * you otherwise use the Services in a way that disrupts or threatens the Services, * you are in default of your payment obligations hereunder, * we determine, in our sole discretion, there is evidence of fraud with respect to your Account, * you use any of the Restream Content (as defined in Section 5) or Marks (as defined in Section 7.2.3.) other than as expressly permitted herein, * we receive notice or we otherwise determine, in our sole discretion, that you may be using Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates our rights or the rights of any third party, * we determine, in our sole discretion, that our provision of any of the Services to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason, or * subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding. 4.4.2. One (1) business day following our provision of notice to you in accordance with the notice provisions set forth in Section 16.1. below if you are in default of any payment obligation with respect to any of the Services, or if any payment mechanism you have provided to us is invalid or cancelled, or if charges are refused for such payment mechanism, and you fail to cure such payment obligation default or correct such payment mechanism problem within such 1-day period and do not have a sufficient credit balance to cover the obligation. This specifically includes cancellation by you of a credit card or other accepted payment method used in the purchase of Services, such as a PayPal Recurring Payment plan. 4.4.3. Immediately following our provision of notice to you in accordance with the notice provisions set forth in Section 16.1. below if you are found to have committed any fraud in connection with your use of your Account. 4.4.4. Five (5) days following our provision of notice to you in accordance with the notice provisions set forth in Section 16.1. below if you breach any other provision of this Agreement and fail, as determined byus, in our sole discretion, to cure such breach within such 5-day period. 4.5 Effect of Suspension or Termination 4.5.1. Suspension: Upon our suspension of your use of any Services, in whole or in part, for any reason:, (a) fees shall continue to accrue for any Services that are still in use by you (including support), notwithstanding the suspension, (b) you remain liable for all fees, charges and any other obligations with respect to the Services you have incurred through the date of suspension, and (c) all of your rights and licenses with respect to the applicable Services shall be terminated during the period of the suspension. 4.5.2. Termination: Upon termination of this Agreement for any reason: (a) you remain liable for all fees, charges and any other obligations you have incurred through the date of termination with respect to the Services, and (b) all of your rights and licenses under this Agreement shall immediately terminate. 4.5.3. In the event of suspension or termination for cause per Section 4.4 above, Restream shall apply any monetary balance that may have accrued to your Account at the time of suspension or termination towards payment of any fees due for Services. 4.5.4. In the event your Account is terminated due to non-payment and you have not submitted a cancellation notice as described in Section 4.2.2. above, any credit balance on your Account shall revert to Restream. 4.6 Survival In the event this Agreement is terminated for any reason, Sections 4.5, 4.6, 4.7, 4.8, 6.2, 7.2, 10 (with respect to payments that are accrued but unpaid at the time of termination), and 11 through 17 shall survive any such termination. 4.7 Data Preservation in the Event of Suspension or Termination 4.7.1. In the Event of Suspension Other Than for Cause: In the event of a suspension by us of your access to any Service for any reason other than a for cause suspension under Section 4.4.1, during the period of suspension we shall not take any action to intentionally erase any of your data stored on the Services. 4.7.2. In the Event of Termination Other Than for Cause: In the event of any termination by us of any Paid Service or any set of Paid Services, or termination of this Agreement in its entirety, other than a for cause termination under Section 4.4.1: (a) we shall not take any action to intentionally erase any of your data stored on the Services for a period of thirty (30) days after the effective date of termination, and (b) your post termination retrieval of data stored on the Services shall be conditioned on your payment of Service data storage charges for the period following termination, payment in full of any other amounts due us, payment in advance for any professional services we perform to assist your retrieval of data, and your compliance with terms and conditions we may establish with respect to such data retrieval. 4.7.3. In the Event of Other Suspension or Termination: Except as provided in Sections 4.7.1. and 4.7.2. above, we shall have no obligation to continue to store your data during any period of suspension or termination or to permit you to retrieve the same. 4.8 Post-Termination Assistance Following a termination under Section 4.2. or under Section 4.3., you shall be entitled to take advantage of any post-termination assistance we may generally make available with respect to the Services. We may also endeavor to provide you unique post-suspension or post-termination assistance, but we shall be under no obligation to do so. Your right to take advantage of any such assistance, whether generally made available with respect to the Services or made available uniquely to you, shall be conditioned upon your acceptance of and compliance with any fees and terms we specify for such assistance. 5. RESTREAM PROPERTIES; RESTREAM CONTENT From time to time we may make available to you, via the developer portal at https://developers.restream.io/, a variety of software, data and other content and printed and electronic documentation for your access, installation and/or use in connection with the Services (all such materials except those specifically made available by us under separate license terms, the "Restream Properties"). The Restream Properties may include without limitation: APIs; developer tools for use in connection with the APIs, such as sample source code and libraries; articles and documentation for use in connection with the use and implementation of the APIs (collectively, "Documentation" ); specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service and its related APIs and other technology, textual materials made available as part of the Service ( "Text Materials" ); and other forms of digital content, data, text, images, logos, user interface designs and other creative designs, audio and video (with the Text Materials, collectively, "Restream Content" ). These Terms of Use apply to your access, installation and use of the Restream Properties and Restream Content. 6. LICENSE GRANT; RETAINED RIGHTS 6.1 License Grant Subject to your acceptance of and compliance with this Agreement and with the payment requirements for the Services that are set forth in the applicable Service Description (as such payment terms may be updated from time to time), we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable right and license, in and under our intellectual property rights, to (i) access and use the Site and Services during the Term, and (ii) to access, install, copy and use the Restream Properties solely in connection with and as necessary for your use of the subject Services. 6.2 Nonexclusive Rights The rights and licenses granted by us in this Agreement are nonexclusive, and we reserve the right to: (a) ourselves act as developers of products or services related to products that you may develop in connection with the Restream Properties or via your use of the Services, and (b) appoint third parties as developers or systems integrators who may offer products or services which compete with your Applications. 7. ACCEPTABLE USE POLICY 7.1 Permitted Uses Generally 7.1.1. You may write or develop software, websites, or other online services or technology that interface with the Services (collectively "Applications" ). Applications include machine images containing software applications, libraries, data and associated configuration settings. You acknowledge that we may change, deprecate or republish APIs and other developer tools for any Service or feature of a Service from time to time, and that it is your responsibility to ensure that calls you make to any Service are compatible with then-current APIs and/or other developer tools for the Service. You further acknowledge that we may change or remove features or functionality of the Services at any time. 7.1.2. You may enable access and use of Your Content by your end users subject to the terms of this Section 7. "Your Content" means any Application, data or other content that you may: (a) provide to us pursuant to this Agreement, (b) make available to any end users in conjunction with the Services, or (c) develop or use in connection with the Services. You are responsible for all terms and conditions applicable to Your Content. 7.2 Restricted Uses Generally 7.2.1. You may not interfere or attempt to interfere in any manner with the functionality or proper working of the Services. 7.2.2. You may not compile or use the Restream Properties or any other information obtained through the Services for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other impermissible advertising, marketing or other activities including, without limitation, any activities that violate anti-spamming laws and regulations. 7.2.3. You may not remove, obscure, or alter any notice of any trademarks, service marks, service or trade names, logos, or other designations of Restream and its affiliates or licensors (the "Marks" ), or other intellectual property or proprietary right designation appearing on or contained within the Services or on any Restream Properties. 7.2.4. You may generally publicize your use of the Services; however, you may not issue any press release with respect to the Services or this Agreement without our prior written consent. 7.2.5. You may not publish content that we, at our sole discretion, deem offensive. This includes depictions of explicit sexual activities and extreme violence depicted for entertainment purposes. 7.2.6. Except as may be expressly authorized under this Agreement, you shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or Restream Properties in any way, (b) modify or make derivative works based upon the Services or Restream Properties, (c) create Internet “links” to the Services, (d) reverse engineer the Services or Restream Properties, or (e) access the Services or Restream Properties for the purposes of competitive analysis of the Services of Restream Properties, the development, provision or use of a competing service or product or any other purpose that is to our detriment or commercial disadvantage. 8. DOWNTIME AND SERVICE SUSPENSIONS; SECURITY 8.1 Downtime and Service Suspensions In addition to our rights to terminate or suspend Services to you as described in Section 4 above, you acknowledge that: (a) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions, and (b) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a Service-wide basis: * for scheduled downtime to permit us to conduct maintenance or make modifications to any Service, * in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended, or * in the event that we determine, in our sole discretion, that any Service is prohibited by law or we otherwise determine, in our sole discretion that it is necessary or prudent to do so for legal or regulatory reasons. Without limitation to Section 13.4, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we shall endeavor to provide you email notice of any Service Suspension in accordance with the notice provisions set forth in Section 15.1. below and to post updates on the Site regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so. 8.2 Security We strive to keep Your Content secure but cannot guarantee that we shall be successful at doing so, given the nature of the Internet. Accordingly, without limitation to Section 1.5. above and Section 12.4. below, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content and Applications. We strongly encourage you, where available and appropriate, to: (a) use encryption technology to protect Your Content from unauthorized access, (b) routinely archive Your Content, and (c) keep your Applications or any software that you use or run with our Services current with the latest security patches or updates. We shall have no liability to you for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your Content or Applications. 9. REFERRAL PROGRAM TERMS AND CONDITIONS 9.1 Generally Our referral program (the "Referral Program" ) allows you to earn credits ( "Referral Credits" ) for referring new users who then subscribe to Paid Services. This Section 9 sets forth additional terms and conditions (the "Referral Terms" ) which apply specifically to our Referral Program. By referring new users as described in this Section 9, you are agreeing to these Referral Terms. 9.2 Definitions The following terms have the following meanings for the purposes of this Section 9. * "Referral Affiliate" means a subscriber to our Services who invites new users to subscribe to our Services by sharing a Referral Link. * "Referral Link" means the unique url link, which is your only method to invite a friend to sign-up with Restream in order for earn Referral Credits. Your Referral Affiliate’s unique personal link within your Restream account can be found at https://app.restream.io/referrals. * "Referred Friend" means a new user subscribing to our Paid Services via a Referral Link. 9.3 Sharing Referral Links Referral Links can be used for personal or commercial purposes. Referral Links may only be published or distributed on the Referral Affiliate’s account pages. Referral Affiliates are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or directly messaging people that the Referral Affiliate does not know or using automated systems or bots through any channel to distribute the Referral Link. In addition, Referral Affiliates are prohibited from paying to advertise their Referral Links on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. 9.4 Referral Credit Amounts Provided that a particular referral meets the Referral Conditions described in Section 9.5 below: * a Referral Affiliate will earn $19 USD in Referral Credits for each Referral Friend subscribing to a monthly Paid Plan; and/or * a Referral Affiliate will earn $49 USD in Referral Credits for each Referral Friend subscribing to a monthly Paid Plan. 9.5 Earning Referral Credits Referral Affiliates earn Referral Credits when a Referred Friend (a) uses their Referral Link to create a valid Restream account that complies with our Terms of Service; (b) subscribes to one of our Paid Services; and (c) remains a subscriber to such Paid Service for at least 2 billing cycles (collectively, the "Referral Conditions " ). A Referral Affiliate will NOT earn Referral Credits for subsequent upgrades madeon the same Referred Friend’s account. Referral Credits will automatically appear on the Referral Affiliate’s referral dashboard located at https://app.restream.io/referralsv2. There is no maximum Referral Credit that can be earned by a Referral Affiliate. 9.6 Redemption Referral Credits may be redeemed via the Restream platform. Referral Credits must be redeemed within one year from the date of issuance, after which they will expire. Referral Credits may be applied to Paid Services or may be cashed-out as set forth below. The scope, variety, and type of services and products that a Referral Affiliate may obtain by redeeming Credits is subject to change in Restream’s sole discretion at any time. Cash-out of Referral Credits is optional and occurs only upon request. A Referral Affiliate may request a cash-out after accumulating $50 USD in Referral Credits. A payout form may be requested from Customer Service by sharing the email associated with the Referral Affiliate’s Restream account and the applicable PayPal details. 9.7 Modification and Termination We reserve the right to modify these Referral Terms at any time without prior notice pursuant to Section 3 of this Agreement. We may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time and for any reason. We reserve the right to suspend accounts or cancel Referral Credits if we notice any activity that we believe, in our sole discretion, to be abusive, fraudulent, or in violation of this Agreement or the Referral Terms. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion. 10. FEES 10.1 Service Fees In consideration of your use of any of the Paid Services, you agree to pay the fees set forth on the applicable Service Description. Fees for any new Service or new Service feature shall be effective upon posting by us on the Site for the applicable Service. We may increase or add new fees for any existing Service or Service feature or implement a fee for any previously Free Service or Free Service feature, by giving you thirty (30) days’ advance notice. Such notice shall be posted on the Site on the Service Description page for the affected. Service. You agree that you are responsible for checking the Site each month to confirm whether there are any new fees and their effective date(s). All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax. You shall provide such information to us as reasonably required determining whether we are obligated to collect VAT from you, including without limitation your VAT identification number. 10.2 Payment We may specify the way you shall pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under this Agreement shall be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation evidencing that the withholding and deducted amounts have been paid to the relevant taxing authority. 10.3 Special Pricing Programs From time to time, we may offer free or discounted pricing for compute capacity, data transfer, data storage, and other usage of certain Services (each a "Special Pricing Program" ). After a Special Pricing Program ends, normal charges shall apply. You must comply with any additional terms, restrictions, or limitations (e.g., limitations on the total amount of usage) we impose in connection with the Special Pricing Program as described on the Service-specific detail pages on the Site. You may not sign-up for multiple Accounts in order to receive additional benefits under a Special Pricing Program. We may immediately terminate any Account that we determine, in our sole discretion, is established or used to avoid the terms, restrictions, or limitations applicable to a Special Pricing Program. 11. CONFIDENTIALITY 11.1 Use and Disclosure You shall not disclose Restream Confidential Information during the Term or at any time during the three (3) year period following the end of the Term. As used in this Agreement, "Restream Confidential Information" means all non-public information disclosed by us, our business partners or our or their respective agents or contractors that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Restream Confidential Information includes, without limitation: (a) non-public information relating to our or our business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs (including, but not limited to, any information about or involving one of our so-called beta tests or a beta test product that you obtain as a result of your participation in such beta test), (b) third-party information that we are obligated to keep confidential, and (c) the nature, content and existence of any discussions or negotiations between you and us. Confidential Information does not include any information described in Section 10.2 or any information that you are required to disclose by law. 11.2 Excluded Information Notwithstanding any other provision in this Agreement, you shall not have any confidentiality obligation to us under Section 10.1 above, with respect to any information provided or made available by us hereunder, and we shall not have any confidentiality or non-use obligation to you hereunder with respect to any information, software application, data or content provided or made available by you hereunder that: (a) is or becomes publicly available without breach of this Agreement, (b) can be shown by documentation to have been known to you at the time of its receipt from us, (c) is received from a third party who did not acquire or disclose the same by a wrongful or tortuous act, or (d) can be shown by documentation to have been independently developed by you without reference to the Restream Confidential Information. 11.3 Conflict with Separate Non-Disclosure Agreement If you and we are parties to a separate non-disclosure agreement ( "Stand-Alone NDA" ) and there is a conflict between the terms of the Stand-Alone NDA and the terms of this Section 10, the terms of the Stand-Alone NDA shall control. 12. INTELLECTUAL PROPERTY 12.1 Our Services and the Restream Properties Other than the limited rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (a) the Services, (b) the Restream Properties, (c) the Marks, and (d) any other technology and software that we provide or use to provide the Services and the Restream Properties, and all works derived from the foregoing. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in any of the foregoing. 12.2 Your Applications, Data and Content Other than the rights and licenses expressly set forth in this Agreement, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to Your Content and your Applications. We shall not disclose Your Content, except: (a) if you expressly authorize us to do in connection with your use of the Services, and (b) as necessary to provide the Services to you, or to comply with the Agreement or the request of a governmental or regulatory body, subpoenas, or court orders. 12.3 Feedback In the event you elect to communicate to us suggestions for improvements to the Services or the Restream Properties (collectively, "Feedback" ), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and agree to provide us such assistance as we may require documenting, perfecting, and maintaining our rights to the Feedback. 12.4 Non-Assertion During and after the Term, you shall not assert, nor shall you authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on our behalf), licensors, sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to the Restream. Properties, the Services, the Marks or any other technology and software that we provide or use to provide the Services and the Restream Properties. 13. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS; LIMITATIONS OF LIABILITY 13.1 Use of the Services You represent and warrant that you shall not use the Services, Restream Properties, your Application or Your Content: (a) in a manner that infringes, violates or misappropriates any of our rights or those of any third party, (b) to engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, including, without limitation, the CAN SPAM Act of 2003, (c) in any manner that constitutes or facilitates the illegal export of any controlled or otherwise restricted items, including, without limitation, software, algorithms or other data that is subject to export laws, and/or (d) in a way that is otherwise illegal or promotes illegal activities, including without limitation, in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age. 13.2 Your Applications and Content You represent and warrant: (a) that you are solely responsible for the development, operation, and maintenance of Your Content, including without limitation, the accuracy, security, appropriateness and completeness of Your Content and all product-related materials and descriptions, (b) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display Your Content, (c) that Your Content (i) does not violate, misappropriate or infringe any of our rights or those of any third party, (ii) does not constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, and (iii) is not designed for use in any illegal activity or to promote illegal activities including, without limitation, use in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex religion, nationality, disability, sexual orientation, or age, and (d) that Your Content does not contain any unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. 13.3 Public Software and Feedback You represent and warrant that you shall not use, and shall not authorize any third party to use, any Public Software in connection with the Restream Properties or Services in any manner that requires, pursuant to the license applicable to such Public Software, that any Restream Properties or Services be: (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients. You represent and warrant that any Feedback contributed by or through you, in whole or in part: (a) does not contains third-party software or any software that may be considered Public Software, and (b) does not violate, misappropriate, or infringe any intellectual property rights of any third party. "Public Software" means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free, open source or community source software, or under similar licensing or distribution models. 13.4 Disclaimers You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site shall be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT YOUR USE OF THE RESTREAM PROPERTIES, THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE RESTREAM PROPERTIES, THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RESTREAM NOR ANY PERSON ASSOCIATED WITH RESTREAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER RESTREAM NOR ANYONE ASSOCIATED WITH RESTREAM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE SHALL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS SHALL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE SHALL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, RESTREAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 13.5 Your Applications are Your Responsibility In addition to the foregoing, we specifically disclaim all liability, and you shall be solely responsible for, the development, operation, and maintenance of your Application(s) (including any bundled Application (i.e., Applications displaying third party content or products) and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for: 13.5.1. The technical operation of your Application and all related software, hardware and other equipment (i.e., items such as web cams, microphones, computers, and lighting), 13.5.2. The accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any third party product or service related materials), 13.5.3. Ensuring that any materials posted within your Application are not illegal and do not promote illegal activities, including without limitation any activities that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, 13.5.4. Ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers, 13.5.5. Any of your users’ or customers’ claims relating to your Application and/or any Services utilized in connection with your Application, and 13.5.6. Your election to utilize APIs, Sample Source Code and Libraries that may be made available on the Site, many of which may be provided by third parties and many of which we have not tested or screened in any way. 13.6 Links. The Site and/or the Services may contain links to websites that are not under our control ( "Third Party Sites" ). We are not responsible for the contents or functionality of any Third Party Sites or any website that can be accessed via links on any Third Party Site. We provide these links to you as a convenience and the inclusion of any such links does not constitute or imply our endorsement or validation of any Third Party Site. 13.7 LIMITATIONS OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER RESTREAM, NOR ANY OF ITS AFFILIATES, OR OUR LICENSORS OR SERVICE PROVIDERS, OR OUR OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE RESTREAM PROPERTIES, THE SITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. In any case, our aggregate liability under this Agreement shall be limited to the amount actually paid by you to us hereunder for the Services. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 14. INDEMNIFICATION 14.1 General You agree to indemnify, defend and hold us and our licensors, our business partners (including third party sellers on websites operated by us or on our behalf) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorney’s fees), arising out of or in connection with any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Site, the Services and/or Restream Properties in a manner not authorized by this Agreement, and/or in violation of the Acceptable Use Policy, Additional Policies, and/or applicable law, (b) Your Content and Applications, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of Your Content, (c) your violation of any term or condition of this Agreement or any applicable Additional Policies, including without limitation, your representations, and warranties, or (d) you or your employees’ or personnel’s negligence or willful misconduct. 14.2 Notification We agree to promptly notify you of any claim subject to indemnification; provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. At our option, you shall have the right to defend against any such claim with counsel of your own choosing (subject to our written consent) and to settle such claim as you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim. 15. US GOVERNMENT LICENSE RIGHTS; IMPORT AND EXPORT COMPLIANCE 15.1 U.S. Government License Rights All Services provided to the U.S. Government are provided under the commercial license rights and restrictions generally applicable under this Agreement. 15.2 Import and Export Compliance and Restrictions You shall, in connection with your use of the Site, the Services and the Restream Properties, comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) you represent and warrant that you are not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (ii) you shall not (and, if applicable, shall not permit any of your users to) access or use the Site, the Services or the Restream Properties in violation of any U.S. export embargo, prohibition or restriction, and (iii) you shall not submit to the Services any information that is controlled under the U.S. International Traffic in Arms Regulations. 16. NOTICES 16.1 To You Except as otherwise set forth herein, notices made by us to you under this Agreement that are applicable to our customers generally (e.g., notices of updated fees, etc.) shall be posted on the Site. Notices made by us under this Agreement for you or your Account specifically (e.g., notices of breach and/or suspension) shall be provided to you via the email address provided to us in your registration for the Services or in any updated email address you provide to us in accordance with standard Account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you shall be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email. By creating an Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. 16.2 To Us For notices made by you to us under this Agreement and for questions regarding this Agreement or the Services, you may contact Restream as follows: team@restream.io legal@restream.io and/or Restream Live Streaming, Inc 8121 Bee Caves Rd, Ste 150 Austin, TX, 78746-4937 16.3 Language All communications and notices to be made or given pursuant to this Agreement shall be in the English language 17. MISCELLANEOUS PROVISIONS 17.1 Governing Law and Jurisdiction All matters relating to the Site and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas and the United States of America without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Austin, Travis County Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 17.2 Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 17.3 Third Party Activities If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself. 17.4 Severability If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement shall remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision shall be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect. 17.5 Section Headings The descriptive headings of this Agreement are for convenience only and shall be of no force or effect in construing or interpreting any of the provisions of this Agreement. 17.6 Waivers The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective. 17.7 Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 17.8 Entire Agreement This Agreement incorporates by reference all policies and guidelines posted on the Site, including all Additional Policies, and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior and contemporaneous representations, warranties, understandings, agreements, and communications between you and us, whether written or oral, regarding such subject matter. 17.9 No Endorsement You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your Applications or Your Content. 17.10. Relationship Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between you and us. Plaid End User Privacy Policy * Background * Information we collect * How we use your information * Our Lawful Bases for Processing (EEA and UK End Users Only) * How we share & store your info * Some Final Details… End User Privacy Policy Effective Date: December 30, 2019 * Privacy and security are very important to us at Plaid. This End User Privacy Policy (“Policy”) is meant to help you (the “end user”) understand how we at Plaid collect, use, and share end user information in our possession to operate, improve, develop, and protect our services, and as otherwise outlined in this Policy. Please take some time to read this Policy carefully. Please note: this Policy applies to Plaid Inc. and its subsidiaries, including Plaid Financial Ltd. and Plaid, B.V. (collectively, “Plaid”, “we”, “our”, and “us”). To determine the relevant Plaid entity that is responsible for processing your information, please see the “Contacting Plaid” section below. First, Some Background A quick note about Plaid Our mission at Plaid is to empower innovators by delivering access to the financial system. Our technology provides an easy way for you to connect your bank account and other financial accounts to software applications that can help you do things like save for retirement, manage your spending, streamline credit applications, or transfer money. These software applications are built and provided by our business customers (we’ll call them “developers” here), and powered by Plaid. By delivering access to high-quality, usable financial account data that we’ve translated and standardized, we enable developers to focus on building experiences that benefit you. About this Policy Our goal with this Policy is to provide a simple and straightforward explanation of what information Plaid collects from and about end users (“End User Information”), and how we use and share that information. We value transparency and want to provide you with a clear and concise description of how we treat your End User Information. Please note that this Policy only covers the information that Plaid collects, uses, and shares. It does not explain what developers do with any End User Information we provide to them (or any other information they may collect about you separately from Plaid). This Policy also does not cover any websites, products, or services provided by others. We encourage you to review the privacy policies or notices of developers or those third parties for information about their practices. Our Data Practices Information We Collect and Categories of Sources As explained in greater detail below, Plaid has collected identifiers, commercial information, electronic network activity information, professional information, inferences, and other types of End User Information. Information you provide. When you connect your financial accounts with a developer application or otherwise connect your financial accounts through Plaid, where applicable, we collect identifiers and login information required by the provider of your account, such as your username and password, or a security token. In some cases, we also collect your phone number, email address, security questions and answers, and one-time password (OTP) to help verify your identity before connecting your financial accounts. When providing this information, you give the developer and Plaid the authority to act on your behalf to access and transmit your End User Information from the relevant bank or other entity that provides your financial accounts (we’ll call them “financial product and service providers” in this Policy). You may also provide us with identifiers and other information, including your name, email address, and phone number, when you contact us or enter any such information on our websites. Information we collect from your financial accounts. The information we receive from the financial product and service providers that maintain your financial accounts varies depending on the specific Plaid services developers use to power their applications, as well as the information made available by those providers. But, in general, we collect the following types of identifiers, commercial information, and other personal information from your financial product and service providers: * Account information, including financial institution name, account name, account type, account ownership, branch number, IBAN, BIC, and account and routing number;
 * Information about an account balance, including current and available balance;
 * Information about credit accounts, including due dates, balances owed, payment amounts and dates, transaction history, credit limit, repayment status, and interest rate;
 * Information about loan accounts, including due dates, repayment status, balances, payment amounts and dates, interest rate, guarantor, loan type, payment plan, and terms;
 * Information about investment accounts, including transaction information, type of asset, identifying details about the asset, quantity, price, fees, and cost basis;
 * Identifiers and information about the account owner(s), including name, email address, phone number, date of birth, and address information;
 * Information about account transactions, including amount, date, payee, type, quantity, price, location, involved securities, and a description of the transaction; and
 * Professional information, including information about your employer, in limited cases where you’ve connected your payroll accounts.
 The data collected from your financial accounts includes information from all your accounts (e.g., checking, savings, and credit card) accessible through a single set of account credentials. Information we receive from your devices. When you use your device to connect to our services through a developer’s application, we receive identifiers and electronic network activity information about that device, including IP address, hardware model, operating system, which features within our services you access, and other technical information about the device. We also use cookies or similar tracking technologies to collect usage statistics and to help us provide and improve our services. You can find more information about how we use cookies and your related choices in our Cookie Policy. Information we receive about you from other sources. We also receive identifiers and commercial information about you directly from the relevant developer or other third parties, including our service providers, bank partners, and identity verification services. For example, developers may provide information such as your full name, email address, phone number, or information about your financial accounts and account transactions. Inferences we derive from the data we collect. We may use the information we collect about you to derive inferences. For example, we may infer your location or your projected income based on the information we have collected about you from other sources. How We Use Your Information We use your End User Information for a number of business and commercial purposes, including to operate, improve, and protect the services we provide, and to develop new services. More specifically, we use your End User Information: * To operate, provide, and maintain our services;
 * To improve, enhance, modify, add to, and further develop our services;
 * To protect you, developers, our partners, Plaid, and others from fraud, malicious activity, and other privacy and security-related concerns;
 * To develop new services;
 * To provide customer support to you or to developers, including to help respond to your inquiries related to our service or developers’ applications;
 * To investigate any misuse of our service or developers’ applications, including violations of our Developer Policy, criminal activity, or other unauthorized access to our services; and
 * For other notified purposes with your consent.
 Our Lawful Bases for Processing (EEA and UK End Users Only) For individuals in the European Economic Area (“EEA”) or the United Kingdom (“UK”), our legal basis for processing your End User Information will depend on the information concerned and the context in which we collected or processed it. Generally, however, we will normally only collect and process End User Information where: * we need to fulfill our responsibilities and obligations in any contract or agreement with you (for example, to comply with our end user services agreements);
 * to comply with our legal obligations under applicable law;
 * the processing is necessary for our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms (for example, to safeguard our services; to communicate with you; or to provide or update our services); and
 * you have given your consent to do so.
 To the extent we rely on consent to collect and process End User Information, you have the right to withdraw your consent at any time per the instructions provided in this Policy. How We Share Your Information We share your End User Information for a number of business purposes: * With the developer of the application you are using and as directed by that developer (such as with another third party if directed by you);
 * To enforce any contract with you;
 * With our data processors and other service providers, partners, or contractors in connection with the services they perform for us or developers;
 * If we believe in good faith that disclosure is appropriate to comply with applicable law, regulation, or legal process (such as a court order or subpoena);
 * In connection with a change in ownership or control of all or a part of our business (such as a merger, acquisition, reorganization, or bankruptcy);
 * Between and among Plaid and our current and future parents, affiliates, subsidiaries and other companies under common control or ownership;
 * As we believe reasonably appropriate to protect the rights, privacy, safety, or property of you, developers, our partners, Plaid, and others; or
 * For any other notified purpose with your consent.
 We may collect, use, and share End User Information in an aggregated, de-identified, or anonymized manner (that does not identify you personally) for any purpose permitted under applicable law. This includes creating or using aggregated, de-identified, or anonymized data based on the collected information to develop new services and to facilitate research. We do not sell or rent personal information that we collect. Our Retention Practices We retain End User Information for no longer than necessary to fulfill the purposes for which it was collected and used, as described in this Policy, unless a longer retention period is required or permitted under applicable law. As permitted under applicable law, even after you stop using an application or terminate your account with one or more developer, we may still retain your information (for example, if you still have an account with another developer). However, your information will only be processed as required by law or in accordance with this Policy. Please refer to the “Your Data Protection Rights” section for options that may be available to you, including the right to request deletion of End User Information. You can also contact us about our data retention practices using the contact information below. Some Final Details… International Data Transfers We operate internationally, and as a result, will transfer the information we collect about you across international borders, including from the EEA or UK to the United States, for processing and storage. To the extent that the information we collect about you is transferred from the EEA to territories/countries for which the EU Commission has not made a finding that the legal framework in that territory/country provides adequate protection for individuals' rights and freedoms for their personal data, we will transfer such data consistent with applicable data protection laws, including through the use of the EU Commission-approved standard contractual clauses. You can ask for a copy of these standard contractual clauses by contacting as set out below. Your Data Protection Rights Under applicable law, and subject to limitations and exceptions provided by law, if you are located in the EEA or UK, and in certain other jurisdictions, you may have certain rights in relation to the End User Information collected about you and how it is used, including the right to: * Access End User Information collected about you;
 * Request that we rectify or update your End User Information that is inaccurate or incomplete;
 * Request, under certain circumstances, that we restrict the processing of or erase your End User Information;
 * Object to our processing of your End User Information under certain conditions provided by law;
 * Where processing of your End User Information is based on consent, withdraw that consent;
 * Request that we provide End User Information collected about you in a structured, commonly used and machine-readable format so that you can transfer it to another company, where technically feasible; and
 * File a complaint regarding our data protection practices with a supervisory authority (if you are in the EEA or UK, please refer to the following link for contact details: https://edpb.europa.eu/about-edpb/board/members_en). 
 Under the California Consumer Privacy Act (“CCPA”), and subject to certain limitations and exceptions, if you are a California resident, you may have the following rights with respect to End User Information we have collected about you that constitutes personal information under the CCPA: * To request access to more details about the categories and specific pieces of personal information we may have collected about you in the last 12 months (including personal information disclosed for business purposes);
 * To request deletion of your personal information;
 * To opt-out of any “sales” of your personal information, if a business is selling your information; and
 * To not be discriminated against for exercising these rights.
 To exercise your data protection rights, where applicable, you can submit a request using our online form (available here ), or contact us as described in the “Contacting Plaid” section below. You may be required to provide additional information necessary to confirm your identity before we can respond to your request. We will consider all such requests and provide our response within a reasonable period of time (and within any time period required by applicable law). Please note, however, that certain information may be exempt from such requests, for example if we need to keep the information to comply with our own legal obligations or to establish, exercise, or defend legal claims. Changes To This Policy We may update or change this Policy from time to time. If we make any updates or changes, we will post the new policy on Plaid’s website at https://plaid.com/legal and update the effective date at the top of this Policy. We will also notify developers of any material changes in accordance with our developer agreements, as they are generally best positioned to notify their end users about such changes to this Policy, as appropriate. Contacting Plaid If you have any questions or complaints about this Policy, or about our privacy practices generally, you can contact us at privacy@plaid.com or by mail at: If you reside outside the EEA or UK: Plaid Inc. Attn: Legal PO Box 7775 #35278 San Francisco, California 94120-7775 U.S.A. 
If you reside in the EEA or UK: Plaid Financial Ltd. Attn: Legal New Penderel House, 4th Floor 283-288 High Holborn London, United Kingdom, WC1V 7HP GoFundMe Terms of Service Questions about our terms? Contact Us Date of Last Revision: July 29, 2020 COVID-19 NOTICE- As GoFundMe looks to help individuals and businesses impacted by COVID-19, it is partnering with various third parties to help Users cross promote campaigns in order to drive more support. Such third parties that provide or facilitate links, tools, widgets or other features allow You to access other sites, services and resources provided by such third parties but also allow such third parties to access campaigns and distribute campaigns created on GoFundMe without obtaining Your consent. By starting a GoFundMe and applying to be part of the various COVID-19 initiatives, You consent to your Campaign being shared on each such third party site and You agree to be bound by their respective privacy policies and terms of service. Subject to these Terms of Service, as amended from time to time (“Terms of Service”), GoFundMe, Inc. provides (a) the GoFundMe platform to you through its website at www.gofundme.com and attendant mobile applications (the "GoFundMe Platform") and related services (collectively, the GoFundMe Platform, including any new features and applications, the "GoFundMe Services"), and (b) the GoFundMe Charity platform to charities through its website at www.charity.gofundme.com and attendant mobile applications (the “GFM Charity Platform”), the GoFundMe Charity widget (“GFM Charity Widget”) and the related services of both the GFM Charity Platform and GFM Charity Widget (collectively, the GFM Charity Platform and GFM Charity Widget, and related services, the “GFM Charity Services”). If you are a campaign organizer (as defined below), beneficiary to a campaign, comment contributor, or donor (collectively referred to herein as a “User”) located in the United States, you are contracting with GoFundMe, Inc., 855 Jefferson Avenue, PO Box 1329, Redwood City, CA, 94063. If you are a User located outside of the United States but not in Australia, you are contracting with GoFundMe Ireland, Ltd., 70 Sir John Rogerson Quay, Dublin 2, Ireland. If you are a User located in Australia, you are contracting with GoFundMe Australia PTY Ltd., Tower One – International Towers Sydney, Level 46, 100 Barangaroo Avenue, 2000, Sydney, NSW. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “GoFundMe,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting. ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE GOFUNDME SERVICES OR GFM CHARITY SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service. To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Services. In addition, when using the Services, and unless you are in European Economic Area, the United Kingdom, and Switzerland (“Europe”), you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final. Access and Use of the Services GoFundMe Services Description: The GoFundMe Services are offered as a platform to allow an individual, entity or non-profit organization (the "Campaign Organizer") to post a fundraising campaign ("Campaign") to the GoFundMe Platform to accept monetary donations ("Donations") from donors ("Donors"). GFM Charity Services Description: The GFM CharityServices are offered as a platform to allow a Campaign Organizer to accept Donations from Donors for a charitable purpose. This means that, in connection with GFM Charity, either the Campaign Organizer or Beneficiary must be a non-profit organization and established as such under the applicable laws of incorporation (“Charities”). For example, in the United States, the Campaign Organizer for GFM Charity Services must be a 501(c)(3), (c)(4) or other non-profit organization, raising funds for a charitable purpose. Payment Processor: GoFundMe is not a payment processor and does not hold any funds. Instead, GoFundMe uses third-party payment processing partners to process Donations for a Campaign (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services. Payment Processor Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees apply (hereinafter and on the website referred to as "Payment Processor Fees"). To learn more about the GoFundMe Platform, the GFM Charity Platform and applicable Payment Processor Fees for each, visit GoFundMe Pricing and GFM Charity Pricing. The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. GoFundMe facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers. GoFundMe is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation. All information and content provided by GoFundMe relating to the Services is for informational purposes only, and GoFundMe does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk. GoFundMe has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign, or event. No Solicitation: The GoFundMe and GFM Charity Platforms (collectively “Platforms”) are offered to help Campaign Organizers raise money. GoFundMe merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by GoFundMe, and GoFundMe does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that GoFundMe shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign, or event. Donors: All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. GoFundMe is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate. If you are a donor, you may also be covered by the GoFundMe Guarantee. * Donors are not permitted to impose restrictions on the use of Donations by a Charity or Event Organizer. To the extent that a Donation is made in response to an appeal for a particular program of a Charity or Event Organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine how all Donations will be used. * GoFundMe makes no representation as to whether all or any portion of your Donations, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. GoFundMe will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation. * Donors shall provide GoFundMe with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor’s personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. GoFundMe is not responsible, and shall not be liable, for any Charity’s use of any Donor information. Certain states require written disclosures for Charities soliciting contributions. For donors making donations to Charities, please see the state non-profit disclosures for those charities. Campaign Organizer: You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) if you withdraw donations believed by reasonable Donors to be raised on behalf of someone other than you (i.e., the Beneficiary), all Donations will be given to and/or spent on behalf of the Beneficiary; (iv) if you add a Beneficiary through the Services, you relinquish control of the Donations, including the ability to issue refunds; (v) you will not infringe the rights of others; (vi) you will comply with all relevant and applicable law and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions, and asset disclosures for your project; and (vii) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize GoFundMe, and GoFundMe reserves the right to, provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof. If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose; (d) your Charity has and will maintain tax-exempt status under applicable law (example, the Internal Revenue Code in the United States or the Income Tax Act in Canada; or (e) if your Charity is in the United States, your Charity is registered with GuideStar or the IRS tax exempt organization database, or, in Canada, is listed in the Canada Revenue Agency's database of registered charities. Your Registration Obligations: You may be required to register with GoFundMe in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Charity as prompted by the Services' registration form. Campaign Organizers must register using their true identities (or the identities of the Charities’ authorized representatives), including their name, address and any image or video purporting to depict the Campaign Organizer or the Beneficiary of such campaign. You agree to keep registration information current and up to date. Registration data and certain other information about you are governed by these Terms of Service and our Privacy Policy. If you are under 13 years of age (16 in Europe), you are not authorized to use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom GoFundMe has entered into contracts, in order to be able to benefit from their services. If GoFundMe or one of our payments processors at any time discovers that the information you provided about you or the purpose of your Campaign is incorrect or violates any of these Terms of Service or their terms of service, the Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party Payment Processors are integral to the Services and that we exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy. Charities The GFM Charity Services include the features and services described here. All donations are subject to a Payment Processor Fee for each donation. Donors have the option to cover all Payment Processor Fees at checkout. * Chargebacks and Refunds. Occasionally, a Donor may dispute a credit card charge for a Donation through the Services. 1. If Donations are refunded to the Donor by PayPal Giving Fund and PayPal Giving Fund already remitted payment to the Charity, PayPal Giving Fund will deduct the chargebacks or refunds from future payments to the Charity, and if necessary, issue an invoice to the applicable Charity. The applicable Charity expressly agrees that it will be responsible for paying PayPal Giving Fund the full amount of any Donation refund due to a Donor. PayPal Giving Fund may elect to offset a future Donation rather than requesting that the Charity return the refunded Donation. 2. If such Donations were made through WePay, the Charity has control over the Donations and Charity, rather than GoFundMe, is responsible for issuing refunds and handling chargebacks directly with Donors. * You acknowledge that certain data available or otherwise accessible on or by means of the Services concerning the list of United States-based 501(c)(3) charities to which you may make a Donation is provided by GuideStar USA, Inc. ("GuideStar"), a third party licensor of GFM Charity. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by you and GoFundMe, you acknowledge and agree that GuideStar (and its successors and assigns) is an intended third party beneficiary with full power and authority to enforce the provisions of these Terms only insofar as it relates to data provided by GuideStar (the “GuideStar Data”). You agree that GoFundMe may share any information provided by you with GuideStar to the extent that GuideStar reasonably needs such data to enforce its rights related to your use of any GuideStar Data. * If you are the authorized representative of a Charity, and you do not wish for your Charity to appear in GoFundMe’s searchable database, you may contact us at nposupport@gofundme.com to request that your Charity be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your Charity. Please note that if your Charity is removed from the GoFundMe’s database, it will not be eligible to receive contributions through either of the Platforms. * Receiving Funds. As a Charity, receipt of Donations, minus any applicable Payment Processor Fees, is based upon and subject to the applicable Payment Processor's procedures and terms. Available Processors are described under "Payment Processors for Charities on GFM Charity Platform" below. GoFundMe is not a payment processor and does not hold funds. * GoFundMe does not withhold funds for tax purposes or otherwise. Charities will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any). * Canadian Charities. 1. Official Donation Receipts. Charities in Canada have the option of appointing GFM Charity to issue official Donation receipts on the Charity's behalf for Donations to the Charity through the GFM Charity Services. Charities that do so understand and acknowledge that the Charity is responsible under the Income Tax Act to ensure that all receipts are issued in compliance with applicable laws. A Charity may at any time rescind its appointment of GFM Charity in this capacity, at which time GFM Charity will immediately cease issuing receipts on behalf of the Charity. 2. Required Information. Charities in Canada that appoint GFM Charity to issue receipts on their behalf must provide GFM Charity with the following information, and must notify GFM Charity immediately of any changes to the information below: * Current head office address as recorded with the Canada Revenue Agency; * Name of representative duly authorized by the Charity to sign official Donation receipts; * Reproducible .jpeg image of signature of authorized representative that can be affixed to official Donation receipts; * A description and the fair market value of any and all prizes, rewards or other benefits provided to Donors in respect of Donations to the Charity through the GFM Charity Services, which shall be used to determine the eligible amount of the gift for receipting purposes. For greater certainty, the value of any such benefits shall be subtracted from the fair market value of property gifted to the Charity to determine the eligible amount of the gift. 3. Representation of GFM Charity. Subject to the obligations of the Charity set out herein and in particular paragraph 4 below, GFM Charity represents and warrants that, when applicable, it will issue tax receipts in accordance with the requirements of the applicable Canadian law. 4. Reliance on Information Provided. GFM Charity will rely wholly on the information provided by the Charity or its representatives in order to prepare official Donation receipts, as well as information supplied to it by Donors when making Donations. GFM Charity is not responsible to verify any information provided to it by the Charity, any representative of the Charity, or any Donor. The Charity acknowledges this and agrees that GFM Charity shall not be responsible for any incorrect information included on an official Donation receipt, or for any tax or regulatory consequences resulting from the provision of incorrect information by the Charity, any representative of the Charity, or any Donor. 5. Records. All Canadian registered charities are subject to record-keeping obligations under Canadian law. Each Canadian Charity is responsible to ensure that it maintains such records as are required under Applicable Law. This includes a requirement to maintain copies in Canada of all official Donation receipts issued and records to verify Donations received. A Canadian Charity can select to have GFM Charity copy the Charity on all emails sent to Donors on the Charity's behalf which contain an official Donation receipt. Each Charity can also access Donation reports and copies of all official Donation receipts issued on that Charity's behalf by logging on to GFM Charity Services, and can print these documents manually. Canadian Charities can also access reconciliation reports from WePay pursuant to WePay's Terms of Service. 6. Form of Receipt. A Charity on behalf of which GFM Charity issues official Donation receipts may at any time request a copy of the form of receipt being issued and may direct GFM Charity to revise the form of receipt as necessary to ensure compliance with Applicable Laws. Ownership of Donor Lists and Data * GoFundMe Platform. As between GoFundMe and Charity using the GoFundMe Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. If the Charity has a Charity Contact account on the GFM Charity Platform, GoFundMe shall transfer all Donor Lists and Donor Data to Charity’s account. * GoFundMe Platform. As between GoFundMe and Charity using the GoFundMe Platform, Charity may request Donor Lists (defined below) and Donor Data (defined below) for compliance and transactional purposes. * GFM Charity Platform. As between GoFundMe and Charity using the GFM Charity Platform, with respect to Donor lists and Donor Data that GoFundMe has received exclusively by means of a donation to such Charity and by no other means, and to the extent permitted by the Privacy Policy and applicable law, Charity shall own the Donor Data of Donors who have provided a Donation to Charity, including contact information of such Donors; provided, however, that Charity grants to GoFundMe a worldwide, non-exclusive, royalty-free, perpetual license to use Donor Data for the following purposes: (a) to provide the Services, including account administration and processing donations; (b) to enforce our agreements; (c) fraud prevention, safety, security, and compliance with law; (d) to respond to law enforcement requests; (e) research and analytics; (f) to customize, adjust, and improve the Services; and (g) to develop new services. “Donor Data” shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project, and event associated with the Donation. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY'S CAMPAIGN OR EVENT CONDUCTED THROUGH THE SERVICES (“DONOR LISTS”) ARE PROVIDED “AS IS”, AND GOFUNDME MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section. Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify GoFundMe of any unauthorized use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. GoFundMe will not be liable for any loss or damage arising from your failure to comply with this Section. Modifications to Services: GoFundMe reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Content Manifestly Made Public by the User. Public Content; Public Display of Information and Donations: Some of your activity on and through the Services is public, such as content you post publicly on the Platforms (including descriptions, texts, music, sound, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients) (“User Content”). Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the Services. For example, as a Campaign Organizer, you might post your personal data - such as information about a recent hospital stay - which data might be considered sensitive data. In addition, as a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private from the general public, simply click the "Private" checkbox during the Donation process. Please remember that if you choose to provide information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services. Unsolicited Information: Please be advised that User Content and other unsolicited information you provide may be publicly accessible, such as information you post in forums or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, with publicly-accessible information, “Unsolicited Information”). By sending us Unsolicited Information, (a) you agree that we are under no obligation of confidentiality, expressed or implied, with respect to the Unsolicited Information; (b) you acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development; (c) you agree that GoFundMe will be entitled to the unrestricted use and dissemination of the Unsolicited Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (d) you represent and warrant that you have all rights necessary to submit the Unsolicited Information; (e) to the extent necessary, you hereby grant to GoFundMe a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Unsolicited Information, and to sublicense the foregoing rights; and (f) you irrevocably waive, and cause to be waived, against GoFundMe and its users any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or the Services. You acknowledge and agree that GoFundMe may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information or User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GoFundMe, its users or the public. Third-Party Communications: If you use any feature of the Services that allows you to communicate with third parties (such as to refer a third party to the Services or to communicate with them regarding a Campaign or a donation), either by submitting Third-Party Data to the Services or otherwise permitting the Services to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by GoFundMe to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (a) contact such third party using the Third-Party Data provided, and/or (b) provide you with an editable template message designed to facilitate communications between you and such third party through the Services. In addition to sending the foregoing communications we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt out” of receiving further communication of the same nature. Promotions on the GoFundMe Platform: You are not permitted to offer any contest, competition, reward, give-away, raffle, sweepstakes or similar activity (each, a "Promotion") on or through the GoFundMe Services. Promotions on the GFM Charity Platform: You are not permitted to offer any Promotion on the GFM Charity Platform without our prior written consent. You may seek permission by sending an email to nposupport@gofundme.com. If we consent, you take full responsibility for the Promotion, and you agree that: (a) such Promotion shall comply with all applicable laws; (b) you are solely responsible for all facets of the Promotion, including without limitation any prizes offered; (c) you may not use the our intellectual property in the rules or any other materials relating to the Promotion without our express written permission; (d) such Promotion does not require making a Donation as the only way to enter; (e) you are responsible for the marketing of the Promotion, and that such Promotion is not marketed to anyone under either the age of 18 or the age of majority for the jurisdiction in which you reside, whichever age is older; (f) prizes, rewards, give-aways or incentives are not intended to be items available for purchase; and (g) such Promotion may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, medical devices, national health products, firearms, pornography, or tobacco. You will include the following provisions within your official rules for any Promotion that you choose to publicize on GFM Charity Services: (i) GoFundMe does not sponsor or endorse the Promotion; (ii) GoFundMe does not guarantee the delivery of any reward, incentive or other prize offered by you; (iii) each participant or entrant in the Promotion releases GoFundMe from any and all liability and (iv) all questions concerning the Promotion must be directed to you and not to GoFundMe. If you or any other third party offer to match funds raised for a Charity through GFM Charity Services, you or such third party are solely responsible for providing those matching funds to the Charity and for complying with any legal obligations associated with such a match. GoFundMe shall have no responsibility for providing such matching funds, ensuring that you or the third party provides those funds, or ensuring any relevant legal obligations are met. Events on the GFM Charity Platform: GFM Charity Services enables Charities to offer and users to register for events, such as marathons, walks, rides, and other similar events (collectively, "Events") which may require a registration fee, as determined by the organizers of these events ("Event Organizers"). Event Organizers may establish a page on the GFM Charity Platform that provides details about their Event and provides the ability to collect Event registration fees through GFM Charity Services. Event Organizers shall be solely responsible for such Events, including but not limited to any participation requirements, obtaining any and all necessary permits and waivers, and ensuring such Event complies with applicable law. Event Organizers shall be solely responsible for determining the amount of Event registration fees and providing any associated discounts, promotions or refunds. * Fees. Event Organizers that use the GFM Charity Services to process Event registrations agree to pay GoFundMe a Payment Processor Fee for each Event registration as set forth in our Non-profit pricing * Receipt of Registration Fees. Receipt of registration fees, minus any applicable Payment Processor Fees, is based upon and subject to the Payment Processor's procedures and terms. * GoFundMe does not withhold funds for tax purposes or otherwise. Event Organizers will be solely responsible for taxes based on applicable international, federal, state, local or any other taxes or levies. * Chargebacks and Refunds. Occasionally, an Event Registrant may dispute a credit card charge for a Donation through the GFM Charity Services. All refunds for event registrations are handled by Event Organizers. GoFundMe is not responsible for handling or communicating an Event Organizer's refund policy or processing refunds, including without limitation for any errors processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Donors should contact an Event Organizer concerning a refund. Event Organizers agree to deal exclusively with Event registrants concerning refunds. Data Retention: You acknowledge that GoFundMe has no obligation to you to retain data relating to any account or Campaign. You acknowledge that GoFundMe reserves the right to delete data or to terminate accounts or Campaigns at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. The foregoing does not apply to Campaigns or accounts started by Charities on either Platform, in which case GoFundMe will provide reasonable notice where possible. Mobile GoFundMe Services: The GoFundMe Services include certain features that may be made available via a mobile device, including the ability to (i) upload User Content to the GoFundMe Platform, (ii) browse the GoFundMe Platform and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access Mobile Services, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your GoFundMe account information to ensure that your messages are not sent to the person that acquires your old number. Prohibited Conduct If you are a User located in Australia, references to “GoFundMe”, “we”, “us”, “our” and other similar terms in this section (Prohibited Conduct) shall be read as references to both GoFundMe Australia PTY Ltd and GoFundMe, Inc. You are solely responsible for compliance with all applicable law in relation to your Campaign or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use (hereinafter, "Upload"). If you are not the beneficiary of the Campaign you organize, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service. The following are examples of User Content and/or use that is illegal or prohibited by GoFundMe. This list is not exhaustive and we reserve the right to remove any Campaign and/or investigate any User who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate Your Campaign, a User, or User Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban or disable your use of the Services, remove the offending User Content, suspend or terminate Your account, stop payments to any such Campaign, freeze or place a hold on Donations, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree: * not to use the Services to raise funds or establish or contribute to any Campaign with the implicit or explicit purpose of or involving: 1. the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services; 2. any election campaigns that are not run by a registered organization within the supported country; 3. User Content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible; 4. drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm; 5. knives, explosives, ammunition, firearms, or other weaponry or accessories; 6. annuities, investments, loans, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies; 7. gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to raffles, casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes; 8. User Content or reflecting behavior that we deem, in our sole discretion, to be an abuse of power or in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases; 9. for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, gender identity, gender expression, serious disabilities or diseases, financial crimes or crimes of deception; 10. activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority; 11. funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty; 12. pornography or other sexual content; 13. offensive, graphic, perverse or sensitive content; 14. the sale of items before the seller has control or possession of the item; 15. collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by GoFundMe; 16. credit repair or debt settlement services; 17. the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign; 18. publication or removal of User Content (such as mug shots), where the primary purpose of posting such User Content is to cause or raise concerns of reputational harm; 19. sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; 20. aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; 21. counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; 22. products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; 23. unauthorized sale or resale of brand name or designer products or services; 24. sale of goods or services that are illegally imported or exported; 25. processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs; 26. collecting or providing funds for any purpose other than as described in a Campaign description; 27. any other activity that GoFundMe may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or 28. any other activity that GoFundMe may deem in its sole discretion to be unacceptable. * not to use the Services to transmit or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of GoFundMe, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose GoFundMe or its users to any harm or liability of any type; * not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; * not to harvest, collect or publish personally identifiable information of others; * not to raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor; * not to use the Services on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party; * not to use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity or Campaign through the Services, or post User Content in any inappropriate category or areas on the Services; * not create any liability for GoFundMe or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; * not to engage in any conduct that, in GoFundMe’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services; * not to interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks GoFundMe uses to provide the Services; * not to gain unauthorized access to the Services, or any account, computer system, or network connected to these Services, by any unauthorized or illegal means; * not to obtain or attempt to obtain any materials or information not intentionally made available through the Services; * not to use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted; * not to, on the GFM Charity Platform, engage in advertising or commercial solicitation of any product or service without GoFundMe’s written consent, except that using the Services for fundraising activities in accordance with these Terms is expressly permitted; * transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; * undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or * attempt to undertake indirectly any of the foregoing. Additionally, with respect to all Donations you make or accept through the Services, you agree: * not to make or accept any Donations that you know or suspect to be erroneous, suspicious or fraudulent; * not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC); * to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by GoFundMe from time to time; * to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for GoFundMe to verify compliance with these Terms of Service and make such records available to GoFundMe upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and * at GoFundMe’s request, including without limitation in case of investigations by GoFundMe, a payment processing partner, or a regulatory or governmental authority, to fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing. GoFundMe reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our users, business partners, the public, or GoFundMe, or that expose you, GoFundMe, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services. Donor Conduct Donations: In order to contribute to a Campaign or to a Charity, a Donor will be required to provide GoFundMe information regarding its credit card or other payment instrument (“Payment Instrument”) that is linked to the Donor’s account on the Services (a “Billing Account”). You, as a Donor, represent and warrant to GoFundMe that such information is true and that you are authorized to use the applicable Payment Instrument. You agree that a certain minimum Donation amount may apply, and that all Donations are final and will not be refunded unless GoFundMe, in its sole discretion, agrees to issue a refund, for example in accordance with the GoFundMe Guarantee. GoFundMe uses third-party payment processing partners to bill you through your Payment Instrument and Billing Account for any Donations made, and Donors acknowledge that by contributing a Donation to a Campaign, the Donor agrees to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently, Adyen LLC, Stripe, Inc., WePay, Inc., PayPal, Inc., and PayPal Giving Fund), in addition to these Terms of Service, including Adyen’s terms of service, Stripe’s terms of service, WePay’s terms of service, PayPal’s terms of service, and PayPal Giving Fund’s terms of service. GoFundMe’s payment partner in Australia is Adyen Australia. Adyen Australia contracts with GoFundMe’s Australian entity, GoFundMe Australia Pty Ltd (ACN 627 702 630), which entity is the contracting party responsible for transactions benefitting the Australian user. Australian users, please see Adyen Australia’s Combined Financial Services Guide and Product Disclosure Statement. Recurring Donations: Donors may have the option to contribute recurring period Donations (your agreement to make the Donations on a recurring basis, a “Donation Subscription” and each individual Donation made in connection with a Donation Subscription, a “Donation Installment”), and in electing to contribute on a recurring basis, you, as a Donor hereby acknowledge that Donation Subscriptions automatically renew and have a recurring payment feature, and that unless and until you opt out of the auto-renewal of the Donation Subscription, which can be done through the Platforms, any Donation Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the initial term originally selected. In connection with each of your Donation Subscriptions, you (i) hereby authorize GoFundMe to bill your Payment Instrument in the amount of the applicable Donation Installments in advance on a periodic basis until you terminate such periodic payments by opting out of the Donation Subscription, (ii) accept responsibility for payment of all Donation Installments occurring prior to opt out and (iii) agree to promptly update your Billing Account with any changes (for example, any changes related to your Payment Instrument, such as a change in your billing address or credit card expiration date). Changes to or termination of Donation Subscriptions or Donation Installments will apply only to Donation Installments that take place after GoFundMe receives notice of such change or termination. GoFundMe does not provide refunds of any amounts received in connection with previously made Donation Installments. Additionally, by enrolling in any Donation Subscriptions, you acknowledge and agree for any and all such Donation Subscriptions, that (a) the ongoing maintenance and operation of Donation Subscriptions and each Donation Installment are the sole responsibility of, and subject to the sole discretion of, the individual or entity responsible for managing and receiving the Donation Subscription (e.g., the applicable Campaign Organizer or Charity), (b) individual Donation Installments may not be tax deductible, even if previous Donation Installments for the same Donation Subscription were, and the amount of each Donation Installment that is tax deductible may vary, (c) one or more specific Donation Installment may not be provided to or received by the applicable cause, charity or Campaign if such cause, charity or Campaign becomes unavailable, unable to accept Donations, or chooses to stop receiving Donations, which may occur for various reasons, such as if the cause, charity or Campaign becomes subject to an investigation or is suspended or removed from the Services by GoFundMe or (d) the amounts actually received by the applicable Campaign, Charity or cause may differ from one Donation Installment to the next (for example, if the Payment Processer fees associated with the Donation Installment change). Your non-termination of a Donation Subscription reaffirms that GoFundMe is authorized to charge your Payment Instrument for the Donation Subscription in accordance with these terms. This does not waive our right to seek payment directly from you. Campaign Organizers, Beneficiaries or Charities Account Holds: From time to time, GoFundMe may, in its sole discretion, place a hold on a Campaign account (a "Hold"), restricting Withdrawals (defined herein), initiate a reverse ACH transfer, secure reserves, or take similar actions to protect its interests and those of its Users. Some of the reasons that we may take such actions include, but aren’t necessarily limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaign Organizer is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available (as determined by GoFundMe in its sole discretion) should be provided directly to a person other than the Campaign Organizer (such as a legal beneficiary or person entitled by law to act on behalf of a Campaign Organizer), (iii) if we have reason to believe that a Campaign or Campaign Organizer has violated these Terms of Service, (iv) if GoFundMe determines that the Campaign Organizer is colluding with donors to engage in fraudulent activity, (v) if we have reason to believe (in our sole discretion) that there may be suspicious or fraudulent donation activity, or (vi) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please see this article. Withdrawing Donations from a Campaign: While GoFundMe strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and GoFundMe does not guarantee that Withdrawals will be available to you within any specific time frame, and GoFundMe expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaign Organizer, are responsible for ensuring that the information you provide to GoFundMe in order to process a Withdrawal, including your bank account information, is accurate and up to date. GoFundMe may, at any time, for any reason, without notice, and in its sole discretion, offer or issue a refund of Donation(s) with or without consulting with you, which may comprise the entire amount donated to your campaign. GoFundMe is not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by GoFundMe issuing refunds, including, but not limited to transaction or overdraft fees. Payment Processors GoFundMe uses Payment Processors to process Donations for your Campaign and thereafter deliver it to you. In order to withdraw funds from a Campaign, a Campaign Organizer or, if not the same, Beneficiary (collectively “Withdrawing Entity”) will be required to provide the Payment Processor information regarding bank account information (“Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and GoFundMe that such information is true and that you are authorized to use the applicable Withdrawing Account. By setting up a Campaign or accepting the role of Beneficiary to a Campaign, the Withdrawing Entity agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently, Adyen LLC, Stripe, Inc., WePay, Inc., PayPal, Inc., and PayPal Giving Fund), in addition to these Terms of Service, including Adyen’s terms of service, Stripe’s terms of service, Stripe's Connected Account Agreement, WePay’s terms of service, PayPal’s terms of service, and PayPal Giving Fund’s terms of service. GoFundMe’s payment partner in Australia is Adyen Australia. Adyen Australia contracts with GoFundMe’s Australian entity, GoFundMe Australia Pty Ltd (ACN 627 702 630), which entity is the contracting party responsible for transactions benefitting the Australian user. Australian users, please see Adyen Australia’s Combined Financial Services Guide and Product Disclosure Statement. Payment Processors for Charities on the GFM Charity Platform GoFundMe has partnered with PayPal Giving Fund and WePay to make raising money and donating to Charities easy and seamless. All Charities in the U.S. have the option of using PayPal Giving Fund or WePay to process Donations made through the Services (PayPal Giving Fund is the default choice). The manner in which transactions are processed is explained below. Currently, all Event registrations are processed through PayPal Giving Fund or WePay, depending on which Payment Processors the Event Organizer has chosen to use. Charities in Canada are required to use WePay to process Donations. * PayPal Giving Fund is a grant-giving IRS-registered 501(c)(3) public charity. PayPal Giving Fund receives Donations from users as the charity of record and then grants the funds to Donor-recommended 501(c)(3) charities. While PayPal Giving Fund takes multiple steps to attempt to grant donated funds according to the donor's identified preference, PayPal Giving Fund retains exclusive control over all donations. If a charity fails to meet the terms of PayPal Giving Fund’s Nonprofit Certification Policy and/or fails to meet PayPal Giving Fund’s due diligence standards for receipt of a donation at any time, PayPal Giving Fund may reassign the funds in accordance with its policy here. When PayPal Giving Fund receives your Donation, it will forward the Donation to the Charity of your choice, but PayPal Giving Fund will appear on your tax receipt. Donations made through PayPal Giving Fund are governed by PayPal Giving Fund’s US Privacy Policy and User Agreement, as well as PayPal’s Privacy Policy and User Agreement. * When WePay processes a Donation through the Services, the Donation will go directly from the Donor to the non-profit's WePay merchant account. Donations will appear on the Donor's credit card statement under the name of the non-profit to whom they contributed. See WePay Terms of Service for more information. GFM Charity Widget Each GFM Charity Widget is a software tool that you may place on your website to permit your visitors to access our Services. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the GFM Charity Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any GFM Charity Widget at any time, or to direct you to cease displaying, or otherwise using, any GFM Charity Widget for any or no reason, without liability to you or any third party. You may not use the GFM Charity Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the GFM Charity Widget. In addition, you may not, with any products or services for sale: * Use the GFM Charity Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website; * Place the GFM Charity Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or * Use the GFM Charity Widget in any manner that prevents the end users of your website from linking directly to the application page of our GFM Charity Services. Special Notice for International Use; Export Controls Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content. Apple-Enabled Software Applications GoFundMe offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply: * GoFundMe and you acknowledge that these Terms of Service are concluded between GoFundMe and you only, and not with Apple, and that as between GoFundMe and Apple, GoFundMe, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. * You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service. * Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. * Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. * Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be GoFundMe's sole responsibility, to the extent it cannot be disclaimed under applicable law. * GoFundMe and you acknowledge that GoFundMe, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. * In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between GoFundMe and Apple, GoFundMe, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. * You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Services by applicable law. * If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to GoFundMe as follows:
GFMlegal@gofundme.com
855 Jefferson Ave. 
PO Box 1329
Redwood City, CA 94063 
 GoFundMe and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof. Accordingly, the parties acknowledge and agree that GoFundMe enters into this clause (“Apple-Enabled Software Applications”) for its own benefit and on its own behalf and also as an agent for the benefit and on behalf of Apple and its subsidiaries with respect to the exercise and enforcement of all rights, benefits and remedies of Apple and its subsidiaries (but not any obligation or burden) in this clause (“Apple-Enabled Software Applications”) which rights, benefits and remedies shall be enforceable by GoFundMe in its own right and also as agent for and on behalf of each of Apple and its subsidiaries. GoFundMe may amend, terminate or rescind these Terms of Service without the consent of Apple or any such subsidiary. Intellectual Property Rights Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GoFundMe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by GoFundMe from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of GoFundMe, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by GoFundMe. The GoFundMe name and logos are trademarks and service marks of GoFundMe (collectively the "GoFundMe Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to GoFundMe. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GoFundMe Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of GoFundMe Trademarks will inure to our exclusive benefit. Third-Party Material: Under no circumstances will GoFundMe be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content. You acknowledge that GoFundMe does not pre-screen User Content, but that GoFundMe and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any User Content that is available via the Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant GoFundMe and its affiliated companies and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless GoFundMe and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of GoFundMe in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or GoFundMe's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Services Content or User Content from the Services. Payment Card Industry Data Security Standard: The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, GoFundMe is PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that we possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that we can in any way impact the security of your cardholder data environment. Copyright Complaints: GoFundMe respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GoFundMe of your infringement claim in accordance with the procedure set forth below. GoFundMe will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to GoFundMe's Copyright Agent at GFMlegal@gofundme.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at: GoFundMe Copyright Agent:
GoFundMe, Inc.
Attn: Legal
855 Jefferson Ave. 
PO Box 1329
Redwood City, CA 94063 To be effective, the notification must be in writing and contain the following information: * an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; * a description of the copyrighted work or other intellectual property that you claim has been infringed; * a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; * your address, telephone number, and email address; * a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and * a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent: * your physical or electronic signature; * identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; * a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and * your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, GoFundMe will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, GoFundMe has adopted a policy of terminating, in appropriate circumstances and at GoFundMe's sole discretion, users who are deemed to be repeat infringers. GoFundMe may also at its sole discretion limit access to or terminate the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Third Party Websites/Services The Services or third parties may provide or facilitate links, tools, widgets or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third Party Resources”). GoFundMe has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and GoFundMe is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge that GoFundMe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Resources. You further acknowledge and agree that GoFundMe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources. As an example of this, if you use the GoFundMe Platform through your mobile device, and you upload a video to a fundraiser, that video will be uploaded using YouTube, and subject to the YouTube Terms of Service. And you agree that GoFundMe is not liable for any loss or claim that you may have against any such third party. Indemnity and Release You agree to release, indemnify on demand and hold GoFundMe and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that GoFundMe has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify GoFundMe for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine. Disclaimer of Warranties YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOFUNDME AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GOFUNDME AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOFUNDME NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF GOFUNDME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOFUNDME'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GOFUNDME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. DISPUTES ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS Arbitration; Class Action Waiver. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. The Process. Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: GoFundMe, Inc., ℅ Legal Department, 855 Jefferson Avenue, PO Box 1329, Redwood City, CA 94063. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.00. Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. * No Class Actions. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. * Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. * Enforceability. If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service. Confidentiality. We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers. Termination You agree that GoFundMe, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. User Disputes You agree that you are solely responsible for your interactions with any other user in connection with the Services and GoFundMe will have no liability or responsibility with respect thereto. GoFundMe reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services. General These Terms of Service constitute the entire agreement between you and GoFundMe and govern your use of the Services, superseding any prior agreements between you and GoFundMe with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and GoFundMe agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Mateo County, California. The failure of GoFundMe to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of GoFundMe, but GoFundMe may assign or transfer these Terms of Service, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platforms. GoFundMe may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise. Nothing in these Terms shall prevent GoFundMe from complying with the law. GoFundMe shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Privacy Policy At GoFundMe, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge GoFundMe's collection and use of personal information as described in the Privacy Policy. Questions? Concerns? Suggestions? Please visit the Help Center to learn more about GoFundMe's platform or contact us to report violations or pose any question. Global Slavery Index Terms & Conditions This website is owned and operated by The Minderoo Foundation Pty Ltd ACN 098198684ATF The Minderoo Foundation Trust, operating as The Walk Free Foundation (“The Walk Free Foundation”). In consideration of you using this website, you agree to be bound by the following terms and conditions: LIABILITY FOR CONTENT The information that is contained on this site is for preliminary and general purposes only. We may at any time and from time to time at our full and complete discretion make any changes to the information that is contained in this site. This information is provided “as is” and to the extent permitted by law, is provided without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies. As such, no reliance whatsoever should be placed on the information that is contained in this site as being accurate, complete and up to date. We will not accept responsibility for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any possible error, misrepresentation and or omission that is, was, or may be contained in this site at any time and from time to time. REFERENCES AND LINKS References or links to the content provided by external providers must be distinguished from the content of The Walk Free Foundation’s own website. By embedding links to external websites, The Walk Free Foundation does not endorse these sites, their opinions or any products they may offer. At the time of linking, these websites were checked for any potential violation of rights and no illegal contents could be identified. In the event that we become aware of a violation the respective link to the website will be immediately deleted. We have no influence whatsoever over these websites and assume no responsibility for the accuracy, completeness or legality of the content of these websites. FUTURE REVISIONS These terms of use may be updated by us at our discretion and without notice to you. If you do not agree to these conditions please do not use this website. Please revise this page periodically for changes. Your continued use of this site following the posting of any changes to this page constitutes an acceptance of these terms on your part. REPORTS AND DATA At The Walk Free Foundation, we welcome any efforts that will improve the estimation of the extent of modern slavery. We are keen to learn from and work with any person or government seeking to expose the prevalence of this crime. To that end, we are committed to sharing our reports, data and methodology in the manner on the terms described below. DOWNLOAD THE REPORTS Various reports and research publications, including the Global Slavery Index reports (Reports) are available for viewing and download on the website. All Reports are protected by copyright and other intellectual property rights. All rights to the Reports are reserved by The Walk Free Foundation unless otherwise granted to you. you may not in any circumstances resell or distribute the Reports in their entirety or any image, content or any other part of the Reports; and when referencing any Report you credit, in a manner reasonable to the medium or means you are using, the applicable Report as a source, in substantially the following form: “Global Slavery Index [year] Dataset, Walk Free Foundation, available from: www.globalslaveryindex.org” The Walk Free Foundation may allow you to download one or more Reports from the website. The Walk Free Foundation grants to you a personal, non-exclusive, non-sub licensable and non-transferrable right to download and use a copy of any Reports which are made available for download by The Walk Free Foundation under these terms and conditions. You may use the Reports for any purpose, provided that: DOWNLOAD THE DATA Key data on which Reports are based (Data) are also available for download, on a restricted basis. The Walk Free Foundation’s Data and the compilation of that Data is proprietary and is protected by copyright and other intellectual property rights. The Walk Free Foundation Data can be requested via the Download section of our website, subject to additional terms and conditions. Data is available free of charge for any purpose (including commercial purpose of the licensee), subject to the terms of our license. Upon downloading the Data, you agree to be subject to the terms and conditions of the Global Slavery Index Data Use Licence. Global Slavery Index PRIVACY POLICY Walk Free Foundation is a not-for-profit organisation that operates the walkfreefoundation.org and globalslaveryindex.org websites. This policy explains how we protect the personal information of people who use our website. Walk Free Foundation values and respects the privacy of our visitors. We believe you have a right to control how your personal information is collected and used. Except where we get your consent, we will not share your personal information with unaffiliated organisations. WHAT INFORMATION DO WE COLLECT? In order to use the Walk Free Foundation site, we may require information from you in order to provide the best service possible. All correspondence, including by email, may also be collected and stored, particularly in regard to donations. FINANCIAL TRANSACTIONS If you make a financial transaction with Walk Free Foundation, your credit card or other payment information will be used only for this transaction through our secure online payment system. Walk Free Foundation does not retain payment information without your consent. LEGAL We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website. HOW DOES WALK FREE KEEP YOUR INFORMATION SECURE? Walk Free Foundation endeavours to take all reasonable steps to keep secure any information that we hold about you, and to keep this information accurate and up to date. Your information is transmitted to be stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information. LINKS TO OTHER WEBSITES The Walk Free Foundation website contains links to other websites. Walk Free Foundation is not responsible for the practices or privacy policies of those sites. If you have any questions about how we handle your personal information and protect your privacy, please feel free to contact us at research@walkfreefoundation.org. CHANGES TO PRIVACY POLICY If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage. ATO Privacy notices for online services We collect personal information about you when you use our online services or applications. Our privacy notices explain how we manage the personal information we collect. When you log onto our systems, we ask for some personal information, including your tax file number (TFN), so we can identify you. The Taxation Administration Act 1953 authorises us to ask for your TFN. It is not an offence not to quote your TFN. However, if you do not provide it, you will not be able to use our online systems. When you use our online systems, we collect certain information from your computer and your browser. We also use Google Analytics to understand how our online services are being used to improve the services we offer. For more details about the type of information we collect and how it is managed, see Web browsing records.   If the privacy notice you are looking for is not listed below, refer to 'Your privacy' in the left-hand menu on this page. Find out about: * ATO myGov terms and conditions and privacy notices * Certificate of Coverage (CERCOS) * Departing Australia Superannuation Payments (DASP) * Electronic Auditor Tool (e-SAT) * Tax, super + you See also: * Authenticating your identity – information collected when using our online systems ATO myGov terms and conditions and privacy notices These terms describe your rights and responsibilities when using your myGov account to access online services for individuals. Terms and conditions of use 1. Acknowledgement I acknowledge that the nomination of Services Australia on behalf of the Commonwealth of Australia to receive and disclose my information for the purposes of managing my myGov account, does not limit the Commonwealth from performing duties or exercising powers under law. 2. Nomination for the purposes of managing my myGov account The nomination of Services Australia will allow myGov to disclose your name, date of birth and your contact information to other federal government agencies that you have already linked to, or decide to link to. The disclosure of details will allow myGov to confirm your identity between these agencies and provide those agencies with notifications of changes of your details. 3. Confirming your identity Your ability to link to and access ATO online and ATO communications from your myGov inbox will depend on how you confirm your identity when signing into your myGov account. If you link the ATO to your myGov account on or after 1 June 2019, you must confirm your identity by using myGov security codes or the myGov access app to access ATO online and ATO communications from your myGov inbox. If you have linked the ATO to your myGov account before 1 June 2019 and confirm your identity by: * using myGov security codes or the myGov access app, it will be mandatory from 1 June 2019 to use them to access ATO online and ATO communications from your myGov inbox. If you later change to secret questions and answers to confirm your identity, you will not be able to access ATO online and ATO communications from your myGov inbox and we will send your communications to your address we have on record * using secret questions and answers, you can continue to access ATO online and ATO communications from your myGov inbox. To improve your online security, you should use myGov security codes or the myGov access app to confirm your identity. 4. myGov inbox You have agreed and designated your myGov inbox as your address for Australian Taxation Office (ATO) communications that the ATO sends or makes available for you to access electronically. The designation of your myGov account and inbox as your address is subject to your Tax or BAS agent (authorised on your behalf) designating, or having previously designated, their ATO online inbox as your address to send some or all of your ATO communications. Where this occurs, your myGov inbox will remain your address for the ATO to send or make available communications that are not sent or made available to your agent. Not all ATO communications can be sent or made available for access electronically. You can access a list of the types of communication preferences that the ATO may send or make available electronically on the ATO website. The ATO may update this list from time to time. Where an ATO communication is unable to be sent or made available electronically, the ATO will send the communication to your address we have on record. You will receive a welcome message from the ATO in your myGov inbox to confirm the service is enabled. You will be able to access and view your communications that are sent to your agent in ATO online. You may receive notifications from myGov alerting you that communications have been sent to your myGov inbox. This service is provided as a courtesy and does not limit your obligation to regularly access your myGov inbox to check for ATO communications. Privacy notices 5. Collecting your tax file number The ATO is authorised by the Taxation Administration Act 1953 to request your tax file number (TFN). We will use your TFN to identify you when linking your myGov account to the ATO. It is not an offence not to provide your TFN. However, if you do not provide your TFN, you will not be able to link your myGov account to the ATO and access ATO online. 6. Privacy The ATO is authorised by the Taxation Administration Act 1953 to request personal information from you. We will use this information to confirm your identity when you link the ATO to your myGov account and use ATO online. If we do not collect this information, you will not be able to link the ATO to your myGov account and access ATO online. Where authorised by law to do so, we will give this information to Services Australia for the purposes of administering myGov. The ATO also provides taxpayer information to treaty partners overseas under international tax agreements with many other countries. 7. Information about your computer Your browser and information you provide will be recorded for authentication purposes as part of the myGov linking process such as: * your internet protocol address (IP address) * the date and time of the use of the authentication service * the authentication information you provided * successful and unsuccessful attempts at authenticating. 8. Use of information The ATO may use this information to: * confirm your identity * compile statistics and reports to enhance ATO systems and services * identify and respond to issues that may indicate authentication integrity is at risk * detect, investigate and prosecute criminal offences. 9. The ATO’s privacy policy Our privacy policy is available on our website. The policy contains important information about your privacy, including information about how you can access and seek correction of information we hold about you, how you may complain about a breach of the Australian Privacy Principles and how the ATO deals with privacy complaints. PetrolSpy Disclaimer By using PetrolSpy Australia you acknowledge this is a free independent service and may not reflect current or accurate petrol prices or petrol station locations. Any information published on PetrolSpy Australia is not verified by PetrolSpy Australia and is intended to be used as a guide and for your personal use only. It is your responsibility to check the accuracy of the information you intend to rely on. PetrolSpy Australia will not be held responsible for any incorrect or misleading data found in this application nor for any decision made or action taken by you relying on any information you obtain from this application. If you disagree with the above policies, you have to close this application immediately. SOFTWARE LICENSE AGREEMENT FOR macOS Big Sur For use on Apple-branded Systems PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE APPLE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF YOU ACQUIRED THE APPLE SOFTWARE AS PART OF AN APPLE HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE APPLE HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE’S RETURN POLICY FOUND AT https://www.apple.com/legal/sales-support/. YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND. IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, it is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 1. General. A. The Apple software (including Boot ROM code), any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on Apple-branded hardware, on internal storage, on removable media, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensors retain ownership of the Apple Software itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Apple-branded application software product that may be preinstalled on your Apple-branded hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. B. Apple, at its discretion, may make available future upgrades or updates to the Apple Software for your Apple-branded computer. Upgrades and updates, if any, may not necessarily include all existing software features or new features that Apple releases for newer or other models of Apple-branded computers. The terms of this License will govern any software upgrades or updates provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. C. Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 2. Permitted License Uses and Restrictions. A. Preinstalled and Single-Copy Apple Software License. Subject to the terms and conditions of this License, unless you obtained the Apple Software from the Mac App Store, through an automatic download or under a volume license, maintenance or other written agreement from Apple, you are granted a limited, non-exclusive license to install, use and run one (1) copy of the Apple Software on a single Apple-branded computer at any one time. For example, these single-copy license terms apply to you if you obtained the Apple Software preinstalled on Apple-branded hardware. B. Mac App Store License. If you obtained a license for the Apple Software from the Mac App Store or through an automatic download, then subject to the terms and conditions of this License and as permitted by the Services and Content Usage Rules set forth in the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/) (“Usage Rules”), you are granted a limited, non-transferable, non-exclusive license: (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running macOS Catalina, macOS Mojave, macOS High Sierra, macOS Sierra, OS X El Capitan, OS X Yosemite, OS X Mavericks, OS X Mountain Lion or OS X Lion (“Mac Computer”) that you own or control; (ii) If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or library; and (iii) to install, use and run up to two (2) additional copies or instances of the Apple Software within virtual operating system environments on each Mac Computer you own or control that is already running the Apple Software, for purposes of: (a) software development; (b) testing during software development; (c) using macOS Server; or (d) personal, non-commercial use. Except as expressly permitted in Section 3, the grant set forth in Section 2B(iii) above does not permit you to use the virtualized copies or instances of the Apple Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. Except as expressly permitted in this Section 2B, you may not use the Apple Software to run any Apple operating system software, including iOS, iPadOS, watchOS or tvOS, in virtual operating system environments on Mac Computer(s). C. Volume or Maintenance License. If you obtained the Apple Software under a volume or maintenance license program with Apple, the terms of your volume or maintenance license will determine the number of copies of the Apple Software you are permitted to download, install, use and run on Apple-branded computers you own or control. Except as agreed to in writing by Apple, all other terms and conditions of this License shall apply to your use of the Apple Software obtained under a volume or maintenance license. D. System Requirements; Apple ID. Please note that the Apple Software is supported on only Apple-branded hardware that meets specified system requirements as indicated by Apple. In addition, use of and access to certain features of the Apple Software and certain Services (as defined in Section 6) may require you to apply for a unique user name and password combination, known as an Apple ID. E. Fonts. Subject to the terms and conditions of this License, you may use the fonts included with the Apple Software to display and print content while running the Apple Software; however, you may only embed fonts in content if that is permitted by the embedding restrictions accompanying the font in question. These embedding restrictions can be found in the Font Book/Preview/Show Font Info panel. F. Voices. Subject to the terms and conditions of this License, you may use the system voices included in the Apple Software (“System Voices”) (i) while running the Apple Software and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Voices is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Voices in a profit, non-profit, public sharing or commercial context. G. Photos App Features and Support. The Photos application of the Apple Software (“Photos App”) may not support some video and photo formats. Use of some features of the Photos App will depend on the features of your camera. Synchronizing photos with the Photos App and any Apple or third party services may result in loss of data. The slideshow graphics, music and themes included with the Photos App are only for personal, non-commercial use in slideshows you create using the Photos App. You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Materials”) contained within, or provided as a part of, the Photos App, or otherwise use the Digital Materials outside the context of its intended use as part of the Photos App. H. Content Caching Features. 1.  To the extent that Apple and/or its affiliates make particular software and/or content available for caching (e.g., applicable content from the Mac App Store) (“Apple Eligible Content”), certain features of the Apple Software (the “Content Caching Features”) may automatically download and locally cache such Apple Eligible Content on your Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Caching Enabled Mac”).  By using the Content Caching Features of the Apple Software, you agree that Apple may download and cache such Apple Eligible Content on your Caching Enabled Mac.  You can turn off the Content Caching Features of the Apple Software at any time by going to Sharing under System Preferences on your Caching Enabled Mac. 2.  The Content Caching Features of the Apple Software are for use only on a Caching Enabled Mac you own or control and solely for purposes of expediting the delivery of such Apple Eligible Content to authorized end users within your home, company or organization.  You understand that such users may need to separately authenticate with Apple prior to receiving the Apple Eligible Content and that the expedited delivery of Apple Eligible Content through the use of your Caching Enabled Mac will not modify the terms under which you or your end users receive such Apple Eligible Content.  3.  You acknowledge and agree that all use of the Apple Eligible Content is subject to the applicable license terms that govern the type of Apple Eligible Content being cached.  These terms may include, but are not limited to, the Apple Media Services Terms and Conditions, the iCloud Terms and Conditions, the iTunes U Instructor Agreement, the iTunes U Software License Agreement, and/or the applicable licensing terms that accompanied the software being downloaded, unless the download was accompanied by its own separate license agreement in which case the latter would apply.  A list of Apple Software License Agreements (SLAs) may be found here: https://www.apple.com/legal/sla/.  You acknowledge and agree that the use of the Content Caching Features and storage of Apple Eligible Content on your Caching Enabled Mac does not transfer to you any rights beyond those granted to you in the applicable license terms for the Apple Eligible Content and shall not constitute a grant, waiver, or other limitation of any rights of Apple or any other copyright owners in any Apple Eligible Content. 4.  You are not authorized to deploy your Caching Enabled Mac with the Content Caching Features enabled on a network you do not own or control (or which you are not legally authorized to use for such purposes), or to permit access to such Apple Eligible Content from end users outside of your home, company or organization.  You agree to only use the Content Caching Features for your own personal, non-commercial use or for internal use within your company or organization, and only as expressly permitted herein.  You may not provide a service to third parties that integrates with or leverages services or information provided by the Content Caching Features or uses the Content Caching Features in any way. 5.  By enabling the Content Caching Features of the Apple Software, you agree that Apple may store, monitor, and secure the Apple Eligible Content on your Caching Enabled Mac, and may collect and use technical information about your Caching Enabled Mac and related networks, including but not limited to, hardware identifiers and IP addresses, for such purposes.  You agree not to disable, disrupt, hack, circumvent, or otherwise interfere with Apple’s verification, storage or authentication mechanisms, digital signing, digital rights management, or other security mechanisms implemented in or by the Apple Software, services, the Apple Eligible Content, or other Apple software or technology, or to enable others to do so.   6.  Apple reserves the right to stop making Apple Eligible Content available for caching on your Caching Enabled Mac (e.g., some content that you may have previously cached may not be available for subsequent caching) and to remove any cached Apple Eligible Content from your Caching Enabled Macs at any time in its sole discretion, and Apple shall have no liability to you in such event.  You understand that such caching of Apple Eligible Content may not be available in all countries or regions.  You may remove the cached Apple Eligible Content and disable the Content Caching Features at any time. I. Remote Desktop Connections.  Subject to the terms and conditions of this License, when remotely connecting from another computer or electronic device (each a “Device”) to an Apple-branded computer that is running the Apple Software (for purposes of this Section, such Apple-branded computer is referred to as the “Home Mac”), whether through the Screen Sharing feature or through any other means: (i) only one (1) Device may remotely connect at any one time, whether directly or indirectly, to control the graphical desktop session of the Apple Software that is running and being displayed on the Home Mac; and (ii) a reasonable number of Devices may remotely connect at the same time for the sole purpose of simultaneously observing the same graphical desktop session of the Apple Software that is running and being displayed on the Home Mac, as long as they do not control the Apple Software in any way; but (iii) only one (1) Apple-branded Device may remotely connect at any one time, whether directly or indirectly, to control a separate graphical desktop session of the Apple Software that is different from the one running and being displayed on the Home Mac, and such connection may only be made through the Screen Sharing feature of the Apple Software. Except as expressly permitted in this Section 2I or Section 3, or except as otherwise licensed by Apple, you agree not to use the Apple Software, or any of its functionality, in connection with service bureau, time-sharing, terminal sharing or other similar types of services, whether such services are being provided within your own organization or to third parties. J. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the Apple Software on any non-Apple-branded computer, or to enable others to do so. You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Apple Software. Except as otherwise permitted by the terms of this License or otherwise licensed by Apple: (i) only one user may use the Apple Software at a time, and (ii) you may not make the Apple Software available over a network where it could be run or used by multiple computers at the same time. Except as expressly permitted in Section 3, you may not rent, lease, lend, sell, redistribute or sublicense the Apple Software. K. Backup Copy. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-branded hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-branded hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof. L. Migration of Existing Software. If you use Setup/Migration Assistant to transfer software from one Apple-branded computer to another Apple-branded computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions. Third party software and services may not be compatible with this Apple Software and installation of this Apple Software may affect the availability and usability of such third party software or services. M. Open Source. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (https://www.opensource.apple.com/) (collectively the “Open-Sourced Components”). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on Apple-branded computers you own or control, as long as each such Apple computer has a properly licensed copy of the Apple Software on it; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software. You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty. N. No Reverse Engineering. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Software or any services provided by the Apple Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of Open-Sourced Components that may be included with the Apple Software). O. Compliance with Laws. You agree to use the Apple Software and the Services (as defined in Section 6 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Apple Software and Services. Features of the Apple Software and the Services may not be available in all languages or regions and some features may vary by region. An Internet connection is required for some features of the Apple Software and Services. P. Third Party Software. Apple has provided as part of the Apple Software package, and may provide as an upgrade, update or supplement to the Apple Software, access to certain third party software or services as a convenience. To the extent that the Apple Software contains or provides access to any third party software or services, Apple has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer or service provider directly for technical support and customer service related to its software, service and/or products. Q. Automatic Updates. The Apple Software will periodically check with Apple for updates to the Apple Software. If an update is available, the update may automatically download and install onto your computer and, if applicable, your peripheral devices. By using the Apple Software, you agree that Apple may download and install automatic updates onto your computer and your peripheral devices. You can turn off automatic updates altogether at any time by changing the automatic updates settings found within System Preferences. R. System Characters. Subject to the terms and conditions of this License, you may use the Memoji characters included in or created with the Apple Software (“System Characters”): (i) while running the Apple Software; and (ii) to create your own original content and projects for your personal, non-commercial use. No other use of the System Characters is permitted by this License, including but not limited to the use, reproduction, display, performance, recording, publishing or redistribution of any of the System Characters in a profit, non-profit, public sharing or commercial context. 3. Leasing for Permitted Developer Services. A. Leasing. You may lease or sublease a validly licensed version of the Apple Software in its entirety to an individual or organization (each, a “Lessee”) provided that all of the following conditions are met: (i) the leased Apple Software must be used for the sole purpose of providing Permitted Developer Services and each Lessee must review and agree to be bound by the terms of this License; (ii) each lease period must be for a minimum period of twenty-four (24) consecutive hours; (iii) during the lease period, the End User Lessee must have sole and exclusive use and control of the Apple Software and the Apple-branded hardware on which it is installed, except that you, as the party leasing the Apple Software (“Lessor”), may provide administrative support for the Apple Software; and (iv) prior to using the Apple Software, the End User Lessee must review and agree to be bound by the terms applicable to any software preinstalled on the Apple Software, including, but not limited to Apple’s Xcode developer software and any other Apple or third-party software. For purposes of this Section 3: (A) End User Lessee means a Lessee who is the end user ultimately using the leased Apple Software solely for Permitted Developer Services; and (B) Permitted Developer Services means continuous integration services, including but not limited to software development, building software from source, automated testing during software development, and running necessary developer tools to support such activities. Each Lessor must provide Apple with advance notice prior to leasing or subleasing the Apple Software pursuant to this Section 3 by contacting Apple Developer Relations (https://developer.apple.com/contact/macos-license/). B. Subleasing. A Lessee may further sublease the Apple Software pursuant to this Section 3 provided that such Lessee complies with all of the terms of this Section 3. A Lessee subleasing the Apple Software (who shall also be considered a Lessor under this Section 3) must fully relinquish exclusive use and control of the Apple Software and the Apple-branded hardware on which it is installed to its Lessee during the lease period. C. Enforcement. As a Lessor, you shall be responsible for: (i) ensuring that each Lessee complies with the requirements of this Section 3; (ii) ensuring each Lessee agrees to all applicable license terms; and (iii) assisting Apple in enforcing compliance therewith. If a Lessee breaches this License or other applicable Apple license terms, their rights to use the Apple Software shall automatically terminate and you agree to immediately terminate such Lessee’s use of the Apple Software upon your discovery of such breach or upon written notice from Apple of such breach. D. Virtualization. For each copy of the Apple Software subject to a lease under this Section 3, either a Lessor or a Lessee (but not both) may install, use and run additional copies or instances of the Apple Software within virtual operating system environments in accordance with Section 2B(iii), provided that a Lessor may only virtualize a single instance or copy of the Apple Software as a provisioning tool for the purpose of providing a Lessee with access to and use of the Apple Software pursuant to this Section 3. E. System Configuration. If you are a Lessee, you acknowledge that the Apple Software may have been previously configured by the Lessor who is leasing the Apple Software to you, including the selection of settings for Analytics, Location Services, and other security, privacy and data collection-related features. You acknowledge and agree that Apple is not responsible for the configuration of the Apple Software by the Lessor. 4. Transfer. A. If you obtained the Apple Software preinstalled on Apple-branded hardware or if you obtained your license to the Apple Software from the Mac App Store or through a software update, you may make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (i) the Apple Software is transferred together with your Apple-branded hardware; (ii) the transfer must include all of the Apple Software, including all its component parts and this License; (iii) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (iv) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. For purposes of this License, if Apple provides an update (e.g., version 10.14 to 10.14.1) to the Apple Software, the update is considered part of the Apple Software and may not be transferred separately from the pre-update version of the Apple Software. B. You may not transfer any Apple Software that has been modified or replaced under Section 2M above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that the Apple Software provided with a particular Apple-branded hardware product might not run on other models of Apple-branded hardware. C. Any copy of the Apple Software that may be provided by Apple for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred. 5. Consent to Use of Data. When you use the various communication features of the Apple Software, such as iMessage and FaceTime, with your computer, the Apple ID information you provide, your email address(es), certain unique identifiers for your computer and your iPhone’s telephone number are sent to Apple in order to allow others to reach you.  When you use iMessage, Apple may hold your messages in encrypted form for a limited period of time in order to ensure their delivery. You may turn off FaceTime or iMessage by going to the FaceTime or Messages preferences on your Mac. Certain features like Analytics, Location Services, Siri, Dictation and Spotlight may require information from your computer to provide their respective functions. When you turn on or use these features, details will be provided regarding what information is sent to Apple and how the information may be used.  You can learn more by visiting https://www.apple.com/privacy/. At all times your information will be treated in accordance with Apple’s Privacy Policy, which can be viewed at: https://www.apple.com/legal/privacy/. 6. Services and Third Party Materials. A. General. The Apple Software may enable access to Apple’s iTunes Store, Mac App Store, Apple Books, Game Center, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require an Apple ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an Apple ID, or other Apple Services, you agree to the applicable terms of service for that Service, such as the latest Apple Media Services Terms and Conditions for the country or region in which you access such Services, which you may access and review at https://www.apple.com/legal/internet-services/itunes/. B. If you sign up for iCloud, certain iCloud features like “iCloud Drive”, “My Photo Stream”, “Shared Albums” and “Find My” may be accessed directly from the Apple Software. You acknowledge and agree that your use of iCloud and these features is subject to the latest terms and conditions of the iCloud service, which you may access and review at: https://www.apple.com/legal/internet-services/icloud/. C. News App Content. Your use of content accessed through the News application is limited solely to personal, noncommercial use, does not transfer any ownership interest to you in the content, and specifically excludes, without limitation, any commercial or promotional use rights in such content. Furthermore, you are prohibited from republishing, retransmitting and reproducing any images accessed through News as a stand-alone file. D. Maps. The maps service and features of the Apple Software (“Maps”), including map data coverage, may vary by region. When you turn on or use Maps, details will be provided regarding what information is sent to Apple and how the information may be used. E. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Apple, its affiliates, agents, principals, or licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. F. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Apple is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Apple, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. G. Neither Apple nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the Apple Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to posted road signs and current road conditions. Follow safe driving practices and traffic regulations, and note that cycling and walking directions may not include designated pathways. H. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services. You agree that the Services contain proprietary content, information and material that is owned by Apple, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Apple. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Apple is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services. I. In addition, such Services and Third Party Materials may not be available in all languages or in all countries or regions. Apple makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 7. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software. Sections 5, 6, 7, 8, 9, 10, 12, 13 and 14 of this License shall survive any such termination. 8. Disclaimer of Warranties. A. If you are a customer who is a consumer (someone who uses the Apple Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE’S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. D. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS APPLE SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES, AS WELL AS APPLE PRODUCTS AND SERVICES. E. YOU FURTHER ACKNOWLEDGE THAT THE APPLE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPLE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. F. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE APPLE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars (U.S.$250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 10. Digital Certificates. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates; (d) you are solely responsible for preventing any unauthorized user from making use of the private key associated with your digital certificate; and (e) you will revoke any of your certificates that you have reason to believe have been compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: https://www.apple.com/certificateauthority. 11. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction(s) in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Apple Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 12. Government End Users. The Apple Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 13. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 14. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Apple relating to the Apple Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction. 15. Third Party Acknowledgements. A. Portions of the Apple Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Apple Software, and your use of such material is governed by their respective terms. Use of the Google Safe Browsing Service is subject to the Google Terms of Service (https://www.google.com/intl/en/policies/terms/) and to Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/). B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple at opensource@apple.com. The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software. C. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See https://www.mpegla.com for additional details. This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See https://www.mpegla.com. D. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTPS://WWW.MPEGLA.COM. E. AMR Notice. The Adaptive Multi-Rate (“AMR”) encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network. F. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues. G. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 8 and 9 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at https://www.adobe.com. H. Gracenote® End User License Agreement. This application or device contains software from Gracenote, Inc. of Emeryville, California (“Gracenote”).  The software from Gracenote (the “Gracenote Software”) enables this application to perform disc and/or file identification and obtain music-related information, including name, artist, track, and title information (“Gracenote Data”) from online servers or embedded databases (collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of this application or device.  You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your own personal non-commercial use only.  You agree not to assign, copy, transfer or transmit the Gracenote Software or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.  You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and Gracenote Servers will terminate if you violate these restrictions.  If your license terminates, you agree to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers, including all ownership rights.  Under no circumstances will Gracenote become liable for any payment to you for any information that you provide.  You agree that Gracenote, Inc. may enforce its rights under this Agreement against you directly in its own name.  The Gracenote service uses a unique identifier to track queries for statistical purposes.  The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who you are.  For more information, see the web page for the Gracenote Privacy Policy for the Gracenote service.  The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers.  Gracenote reserves the right to delete data from the Gracenote Servers or to change data categories for any cause that Gracenote deems sufficient.  No warranty is made that the Gracenote Software or Gracenote Servers are error-free or that functioning of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide you with new enhanced or additional data types or categories that Gracenote may provide in the future and is free to discontinue its services at any time. GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.  16. Yahoo Search Service Restrictions. The Yahoo Search Service available through Safari is licensed for use only in the following countries and regions: Argentina, Aruba, Australia, Austria, Barbados, Belgium, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, Chile, China mainland, Hong Kong, Taiwan, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Grenada, Guatemala, Hungary, Iceland, India, Indonesia, Ireland, Italy, Jamaica, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Puerto Rico, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain, St. Lucia, St. Vincent, Sweden, Switzerland, Thailand, The Bahamas, Trinidad and Tobago, Turkey, UK, Uruguay, US and Venezuela. EA1705 7/27/2020 ———————————— Apple Pay Supplemental Terms and Conditions These Apple Pay Supplemental Terms and Conditions (the “Supplemental Terms”) supplement the Software License Agreement for macOS (the “License”); both the terms of the License and these Supplemental Terms govern your use of the Apple Pay feature, which shall be deemed a “Service” under the License.  Capitalized terms used in these Supplemental Terms have the meanings set forth in the License. 1 Overview and Use Restrictions Apple Pay allows you to store virtual representations of credit, debit and prepaid cards, including Apple Card, that are supported by the Apple Pay feature (“Supported Cards”) and use supported Macs to initiate or make payments within websites.  The Apple Pay features of the Apple Software may only be available in select regions, with select card issuers, payment networks, and merchants. Features may vary by region, issuer, and merchant.  Supported Cards may change from time to time. Apple Pay is intended for your personal use and you may only provision your own Supported Cards.  If you are provisioning a supported corporate card, you represent that you are doing so with the authorization of your employer and you are authorized to bind your employer to these terms of use and all transactions effected by use of this feature. You agree not to use Apple Pay for illegal or fraudulent purposes, or any other purposes that are prohibited by the License and these Supplemental Terms.  You further agree to use Apple Pay in accordance with applicable laws and regulations.  You agree not to interfere with or disrupt the Apple Pay service (including accessing the service through any automated means), or any servers or networks connected to the service, or any policies, requirements or regulations of networks connected to the service (including any unauthorized access to, use or monitoring of data or traffic thereon). 2 Use on Macs You can use Apple Pay on supported Macs to initiate payments on websites accessed through Safari.  This feature requires you to have a Supported Card that has been provisioned to a supported iOS device or Apple Watch (“Supported Devices”). When you check out from a website using Apple Pay, you will be required to authorize the transaction using a Supported Device. In addition to the terms set forth in these Supplemental Terms, your use of Apple Pay to initiate payments on websites access through Safari is subject to the Apple Pay Supplemental Terms and Conditions applicable to your Supported Devices, the terms of which are hereby incorporated by reference and which can be accessed by going to: Settings > General > About > Legal > License from your iOS device, or About > Legal > License from the Watch app on a paired iOS device. Supported Devices may change from time to time. On a MacBook Pro with built-in Touch ID, you can set up Apple Pay by provisioning Supported Cards and using Apple Pay to make payments on websites accessed through Safari. In order to use Apple Pay on these Macs, you must have Supported Cards that are associated with an active iCloud account. Apple Pay is available only to individuals aged 13 years or older, and may be subject to additional age-based restrictions imposed by iCloud or the relevant card issuer of your Supported Cards. 3 Apple’s Relationship With You Apple does not process payments, or have any other control over payments, returns, refunds, rewards, value, discounts, or other commerce activity that may arise out of your use of this feature.  The terms of cardholder agreements you may have in place with your card issuer will continue to govern your use of your Supported Cards and their use in connection with Apple Pay. Similarly, your purchase of any goods or services using the Apple Pay feature will be subject to the merchant’s terms and conditions. Apple Card is only available in the United States and is issued by Goldman Sachs Bank USA, Salt Lake City Branch (“Apple Card Issuer”). When you apply for Apple Card, you are applying to open an account with the Apple Card Issuer. Apple Card is only available to individuals aged 18 years or older (or older depending on your state of residence). The financial institution responsible for offering Apple Card is subject to change, and your use of Apple Card is subject to their terms and conditions. Nothing in the License or these Supplemental Terms modifies the terms of any cardholder or merchant agreement, or other terms and conditions applicable to the use of the features of Apple Pay, and such terms will govern your use of the applicable feature of Apple Pay and their virtual representation on your supported Mac. You agree that Apple is not a party to your cardholder or merchant agreements, nor is Apple responsible for the (a) content, accuracy or unavailability of any payment cards, commerce activities, transactions or purchases while using Apple Pay functionality; (b) issuance of credit or assessing eligibility for credit; (c) provisioning decisions made by an issuer, merchant, or other third party in connection with a Supported Card; (d) accrual or redemption of rewards or stored value under a merchant’s program; or (e) funding or reloading of prepaid cards.  For all disputes or questions about payment cards or associated commerce activity, please contact your issuer or the applicable merchant. 4 Privacy When using Apple Pay to initiate a payment transaction to be completed on a Supported Device, Apple Pay will transfer payment information in an encrypted format between your Mac and your Supported Device to complete your transaction. When using Apple Pay to make a payment transaction on a MacBook Pro with built-in Touch ID, your payment information will be provided in encrypted format to the website as part of that transaction. When adding a card to Apple Pay on a MacBook Pro with built-in Touch ID, information about your device, such as whether certain device settings are enabled and device use patterns (e.g. percent time device is in motion, approximate number of calls per week), will be sent to Apple to determine your eligibility and to prevent fraud. You can find detailed information on the personal information collected, used or shared as part of your use of Apple Pay by reading the relevant service specific privacy notices, including About Apple Pay and Privacy, which can be accessed on your iOS device or Mac, or within the Watch app on a paired iOS device, or by visiting https://www.apple.com/legal/privacy. By using Apple Pay, you agree and consent to Apple’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide Apple Pay functionality. 5 Security Apple Pay stores virtual representations of your Supported Cards, and you understand and acknowledge that providing your device passcode or password to a third party, or allowing a third party to add their fingerprint to use Touch ID on your Supported Device or Mac, may result in their ability to make Apple Pay payments within websites on your Mac.   You are solely responsible for maintaining the security of your devices and the applicable passcodes and passwords.  You agree that Apple does not have any responsibility if you lose or share access to your device, or if you make unauthorized modifications to macOS. If your device is lost or stolen and you have Find My iPhone or Find My Mac enabled, you can use Find iPhone or icloud.com to attempt to suspend the ability to pay with the virtual Supported Cards on the device by putting it into Lost Mode. You can also erase your device, which will attempt to suspend the ability to pay with the virtual Supported Cards on the device. You should also contact the card issuer of your Supported Cards in order to prevent unauthorized access to your virtual Supported Cards. If you report or Apple suspects fraudulent or abusive activity, you agree to cooperate with Apple in any investigation and to use any fraud prevention measures we prescribe. 6 Limitation of Liability IN ADDITION TO THE DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY SET FORTH IN THE LICENSE, APPLE DOES NOT ASSUME ANY LIABILITY FOR PURCHASES, PAYMENTS, TRANSACTIONS, OR OTHER COMMERCE ACTIVITY MADE USING THE APPLE PAY FEATURE, AND YOU AGREE TO LOOK SOLELY TO AGREEMENTS YOU MAY HAVE WITH YOUR CARD ISSUER, PAYMENT NETWORK, OR MERCHANT TO RESOLVE ANY QUESTIONS OR DISPUTES RELATING TO YOUR SUPPORTED CARDS, VIRTUAL SUPPORTED CARDS AND ASSOCIATED COMMERCE ACTIVITY. FIREBASE CRASHLYTICS AND FIREBASE APP DISTRIBUTION TERMS OF SERVICE Last Updated: September 23, 2019 | Previous versions This Firebase Crashlytics and Firebase App Distribution Terms of Service (the "Agreement") is entered into by "Google" (defined as either: (a) Google Ireland Limited, with offices at Gordon House, Barrow Street, Dublin 4, Ireland, if Your principal place of business (for entities) or place of residence (for individuals) is in any country within Europe, the Middle East, or Africa ("EMEA"), (b) Google Asia Pacific Pte. Ltd., with offices at 8 Marina View Asia Square 1 #30-01 Singapore 018960, if Your principal place of business (for entities) or place of residence (for individuals) is in any country within the Asia Pacific region ("APAC"), or (c) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, if Your principal place of business (for entities) or place of residence (for individuals) is in any country in the world other than those in EMEA and APAC) and you ("Developer" or "You") and governs your access and use of the Services as more fully described below. If You are accessing or using the Services on behalf of a company or other legal entity, You represent and warrant that You are an authorized representative of that entity and have the authority to bind such entity to this Agreement, in which case the terms "Developer" and "You" shall refer to such entity. You and Google hereby agree as follows: YOUR RIGHT TO ACCESS AND USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THIS AGREEMENT. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY ("ENTITY"), YOU AGREE TO PROVIDE GOOGLE WITH THE NAME OF THE ENTITY AND OBTAIN GOOGLE'S APPROVAL TO USE THE SOFTWARE ON YOUR BEHALF AND BEHALF OF THE ENTITY AND YOU AGREE TO REMAIN RESPONSIBLE AND LIABLE FOR YOUR AND SUCH ENTITY'S COMPLIANCE WITH THIS AGREEMENT. FURTHER, YOU REPRESENT AND WARRANT THAT: (I) YOU ARE THE AUTHORIZED AGENT OF THE APPLICABLE ENTITY AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THE AGREEMENT ON BEHALF OF YOURSELF AND THE ENTITY, AND (II) YOU HAVE OBTAINED, ON BEHALF OF YOURSELF AND THE ENTITY (IF APPLICABLE), ALL NECESSARY RIGHTS, WAIVERS, CONSENTS AND PERMISSIONS NECESSARY TO COLLECT, USE, STORE, AND SHARE USER INFORMATION IN CONNECTION WITH THE SOFTWARE. SECTION 1. OVERVIEW OF THE SERVICES 1.1 This Agreement governs your use and access of the following ("Services"), as made available at https://firebase.google.com: Firebase Crashlytics - a crash reporting solution for developers of mobile applications ("Application(s)"), including analyzing crash reports to provide information about how and under what circumstances such applications crashed Firebase App Distribution - a service for Developers to manage their Applications that have not yet been publicly released ("Test Application(s)"), and allow specific users ("Tester(s)") to test them 1.2 The Crashlytics and App Distribution Data Processing and Security Terms, which are set forth at https://firebase.google.com/terms/crashlytics-app-distribution-data-processing-terms ("Data Processing and Security Terms"), are incorporated by reference into the Agreement. SECTION 2. SPECIFIC TERMS FOR DEVELOPERS 2.1 Service and Access Credentials. Developer will provide reasonable cooperation, assistance, information and access to Google as may be necessary to initiate Developer's use of the Services. During the Term, and subject to Developer's compliance with all terms and conditions of this Agreement, Google will provide Developer with access to the Services. As part of the implementation process, Developer will identify a user name and password that will be used to set up Developer's account. Developer will not share its user name or password with any third party and will be responsible and liable for the acts or omissions of any person who accesses the Services using passwords or access procedures provided to Developer. Google reserves the right to refuse registration of, or to suspend or cancel, login IDs used by Developer to access the Services for any reason, including if Developer violates the terms and conditions set forth in this Agreement. 2.2 License to Developer. During the Term, and subject to all terms and conditions of this Agreement (as a condition to the grants below), Google grants Developer and Developer accepts a nonexclusive, nontransferable right and license (without right to sublicense) to: (a) access and use the Services, solely for the purpose of accessing and downloading the Software (defined below) and assessing the performance of its own Applications for Developer's internal business purposes; and (b) download, install and use a reasonable number of copies of the Crashlytics software development kit (the "SDK") and any tools provided as part of the SDK, including, but not limited to, any plugins (collectively, the "Software") solely for the integration of the Software into an Application. Developer may use the Services and the Software solely for the purpose of: (i) enabling Developer's users, including Testers, to access and use Applications, (ii) obtaining information regarding the installation, use of and engagement with, and the functionality of Developer's Applications, including reporting on errors or bugs (collectively, "Performance Data"), (iii) improving the functionality of Developer's Applications and related products and services, and/or (iv) communicating with users, including Testers, about Developer's Applications. Developer's access and use of the Services shall also comply with all other conditions set forth in all documentation, instructions, end user guides and other documents regarding the Services and Software, in each case that is provided or made available by Google to Developer in electronic or other form (collectively, "Documentation"). Developer shall comply with all: (a) applicable laws, rules, and regulations, and (b) any applicable third party terms, including any third party terms applicable to Developer's development and distribution of any Application operating on the Android or iOS mobile operating systems, or any other operating system upon which the Application is made available and upon which Google makes the Services available to Developer. 2.3 Restrictions. Developer shall not directly or indirectly, or allow any third-party to: (a) use the Services or any of Google's Confidential Information (as defined below) to create any service, software, or documentation that is the same as, substantially similar to or has similar functionality as the Services, (b) disassemble, decompile, reverse engineer, decipher, translate or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Services or Background Materials (defined below), except and only to the extent these restrictions are expressly prohibited by applicable statutory law, (c) encumber, sublicense, transfer, distribute, rent, lease, timeshare, or use any Google Properties (as defined below) in any service bureau, rental or managed services arrangement or permit other individuals or entities to create Internet "links" to the Google Properties or "frame" or "mirror" the Google Properties on any other server, or wireless or Internet-based device, (d) adapt, combine, create derivative works of, or otherwise modify any Google Properties, (e) use or allow the transmission, transfer, export, reexport, or other transfer of any product, technology, or information it obtains or learns in connection with Developer's use of the Services in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction, (f) remove or alter any proprietary notices or labels on or in any Google Properties; (g) use any Google Properties in connection with the development or transmission of any virus, worms or malicious code, (h) use any Google Properties to infringe the rights of Google or any third party, or in any way that does not comply with all applicable laws, or (i) use any Google Properties (including to create any Application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Google or any third party, including any mobile communications carrier. 2.4 Developer Feedback. From time to time, Google may solicit from Developer or Developer may make, in its sole discretion, suggestions for changes, modifications or improvements to the Google Properties (as defined below) or any other feedback related to the Services or the Google Properties (collectively, "Developer Feedback"). All Developer Feedback shall be solely owned by Google (including all intellectual property rights therein and thereto) and shall also be Google's Confidential Information. Developer hereby assigns all of its right, title and interest in and to any Developer Feedback to Google and acknowledges that Google has the unrestricted right to use and exploit such Developer Feedback in any manner, without attribution, and without any obligations or compensation to Developer. 2.5 Developer Data. Developer hereby grants Google a nonexclusive, license fee free and royalty free right and license to access, copy, distribute, process and use all information, data and other content provided by Developer or received by Google in connection with Developer's authorized use of the Services, including, without limitation information provided through any Application that Developer makes available for testing through the Services (collectively, "Developer Data"), solely for the purpose of providing, developing, and maintaining the Services, along with any related customer or technical support, and as otherwise expressly permitted in this Agreement. Developer agrees that: (a) the Services depend on the availability of the Developer Data, and (b) Google will not assume any responsibility or liability for, or undertake to verify, the legality, accuracy or completeness of the Developer Data. Google shall have no obligation to store any Developer Data or Results (as defined below). 2.6 Access by Testers; End Users; Compliance. Developer may use the Services to grant access to Developer Data or Applications to other users, or Testers. Developer is solely responsible for determining which users will be granted such access, or receive an invitation to become a Tester, and for ensuring the accuracy of any user contact information provided to Google for this purpose. Developer shall be solely responsible for communicating any terms or conditions associated with granting access to its Test Applications or any Developer Data. Developer acknowledges and agrees that any such terms and conditions applicable to Developer's Test Application shall be between Developer and any Tester, and Google shall not be responsible for, and shall not have any liability whatsoever for, such terms or any Test Application tested by a Tester, or for any breach by Developer or any Tester of such terms and conditions. The Services allow the Developer to collect information relating to performance of Developer's Applications, including, without limitation, device state information, unique device identifiers, information relating to the physical location of a device, and information about how the Application was used. Developer may turn on features of the Services to allow collection of other information via the Services, including some personally identifiable information (e.g., a user's email address), which allows Developers to communicate with users about the engagement with and functionality of their Applications and to invite them to become Testers. Developer represents and warrants that Developer is collecting information via the Services solely to obtain information about the user engagement with and functionality of Developer's Applications, and to communicate with users about such engagement and functionality. Developer agrees that it will not enable collection of personally identifiable information via the Services unless it is necessary to communicate with users about the Applications or Developer wishes to invite users to be Testers and the user has provided affirmative consent to the collection and use of such information. Subject to and without limiting the foregoing, Developer agrees it will not enable collection or use of credit card information, Social Security numbers, driver's license numbers, dates of birth or physical addresses via the Services. Developer further agrees it will not invite any user to be a Tester that is under the age of consent as defined under any applicable laws, rules, or regulations relating to data collection, including without limitation the Children's Online Privacy Protection Act of 1998 ("COPPA"), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or "GDPR"), and all other relevant laws and regulations. At all times during the term of this Agreement, Developer shall maintain a privacy policy: (a) that is readily accessible to users from its website or within its online service (as applicable), (b) that fully and accurately discloses to its users what information is collected about its users, and (c) that states that such information is disclosed to and processed by third party providers like Google in the manner contemplated by the Services, including, without limitation, disclosure of the use of technology to track users' activity and otherwise collect information from users. In addition, when using the Firebase App Distribution Service, Developer shall maintain contact information that shall be available to its Testers to obtain any necessary information regarding the processing and handling of Tester information. Developer authorizes Google to share such contact information with any Tester or end user for the purposes of addressing questions regarding the processing and handling of personal data, including requests referenced in the Data Processing and Security Terms, Section 9.2.1. For Developer's users in the European Union, Developer shall provide such users with clear notice of, and obtain such users' consent to, the transfer, storage, and use of their information in the United States and any other country where Google, or any third party service providers acting on its behalf, operates, and shall further notify such users that the privacy and data protection laws in some of these countries may vary from the laws in the country where such users live. Developer shall at all times comply with all applicable laws, rules and regulations relating to data collection, privacy and security, including without limitation, COPPA, GDPR, and all other such laws and regulations. Developer will obtain and maintain any required consents necessary and will comply with any other applicable requirements to permit the processing of Developer Data under this Agreement. 2.7 Developer Systems. Developer is responsible for providing: (a) all equipment, subscriptions and credentials necessary for Google to receive the Developer Data, and (b) all modems, servers, devices, storage, software (other than Software), databases, network and communications equipment and ancillary services needed to connect to, access, or otherwise use the Services at its facility (collectively, "Developer Systems"). Developer shall ensure that Developer Systems are compatible with the Services and comply with all configurations and specifications described in the Documentation. 2.8 Limitations. Google will not be responsible or liable for any failures in the Services or any other problems which are related to: (a) the Developer Data or Developer Systems, or (b) any satellite, telecommunications, network or other equipment or service outside of Google's facilities or control. 2.9 Confidentiality. "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient") that is marked or otherwise identified as "confidential" or "proprietary," or by its nature or the circumstances of disclosure should reasonably be understood to be confidential, including without limitation, all financial, business or technical information disclosed in relation to this Agreement. Except for the specific rights granted by this Agreement, the Recipient may not use, copy or disclose any Confidential Information of the Discloser without Discloser's prior written consent, and shall use no less than reasonable care to safeguard Discloser's Confidential Information, including ensuring that Recipient's employees, contractors and agents ("Representatives")with access to Discloser's Confidential Information have a need to know such Confidential Information for the purposes of this Agreement and are bound by confidentiality obligations no less protective of the parties as those set forth herein. The foregoing obligations shall not apply to any Confidential Information that Recipient can demonstrate is: (a) already known by it without restriction, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to Discloser, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reference to or use of any of Discloser's Confidential Information and without any violation of any obligation of this Agreement. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly upon Discloser's request at any time, Recipient shall, or in the case of Developer Data shall use reasonable efforts to, return all of Discloser's tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records, copies, summaries, analyses and materials developed therefrom. Nothing herein shall prevent a party from disclosing any of the other's Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, however, prior to any such disclosure, Recipient shall use reasonable efforts to: (i) promptly notify Discloser in writing of such requirement to disclose where permitted by law, and (ii) cooperate with Discloser in protecting against or minimizing any such disclosure and/or obtaining a protective order. 2.10 Proprietary Rights. As used in this Agreement: "Background Materials" means all ideas, concepts, inventions, systems, platforms, software (including all Software), interfaces, tools, utilities, templates, forms, Report Formats, techniques, methods, processes, algorithms, knowhow, trade secrets and other technologies and information that are used by Google in providing the Services and Results (including any correction, improvement, derivative work, extension or other modification to the Services made, created, conceived or developed by or for Google, including at Developer's request or as a result of feedback provided by Developer to Google); "Reports" means the reports, charts, graphs and other presentation in which the Results are presented to Developer; "Report Formats" means the formatting, look and feel of the Reports; and "Results" means the work products resulting from the Services that are delivered to Developer by Google through the Services, and which are based on the Developer Data. For the sake of clarity, Results shall expressly exclude all Background Materials. Developer shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to: (a) feedback, suggestions, ideas or other materials and information provided by Testers with respect to any Test Application ("User Feedback"), (b) the Results and (c) Developer Data. Developer acknowledges and agrees that the Results will be presented to it in a Report, the Report Format of which is Confidential Information and proprietary to Google. Developer may make a reasonable number of copies of the Reports only for its internal purposes in using the Results. 2.11 General Learning; Aggregate Data. Google reserves the right to disclose aggregate information of Services usage, engagement, and performance, and to reuse all general knowledge, experience, knowhow, works and technologies (including ideas, concepts, processes and techniques) related to the Results or acquired during provision of the Services (including without limitation, that which it could have acquired performing the same or similar services for another customer). 2.12 Reservation of Rights. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no other use is permitted and Google (and its licensors) shall retain all right, title, and interest (including all intellectual property and proprietary rights embodied therein) in and to the Services, Software, Documentation, Background Materials, aggregate data, and analyses (collectively, "Google Properties"). SECTION 3. ACCESS FOR TESTERS 3.1 Terms for Tester Access. Tester access and use of the Services will be subject to the Google Terms of Service, available at https://policies.google.com/terms and any other policies or terms that Google may require. 3.2 Sole Responsibility for Test Applications. Developer is solely and fully responsible for its Applications. Any complaint or dispute arising from a Tester’s use of an Application (Test or otherwise), will be directed to Developer. If Google receives any such complaint from a Tester, Google may, at its discretion, direct such Tester to contact Developer using the contact information provided in Section 2.6, above. SECTION 4. WARRANTY, LIABILITY & INDEMNITY 4.1 Warranties. Google represents and warrants that it has full right, power, and authority to enter into this Agreement and to perform its obligations and duties under this Agreement, and that the performance of such obligations and duties does not conflict with or result in a breach of any other agreement of Google, or any judgment, order, or decree by which such party is bound. Developer's sole and exclusive remedy for any and all breaches of this provision is the remedy set forth in Section 4.4. Developer represents and warrants that it owns all right, title and interest, or possesses sufficient license rights, in and to the Developer Data as may be necessary to grant the rights and licenses, and provide the representations, and for Google to provide the Services set forth herein. Developer bears all responsibility and liability for the legality, accuracy and completeness of the Developer Data and Google's access, possession, distribution, and use thereof, as permitted herein. 4.2 Disclaimers. THE SERVICES, GOOGLE PROPERTIES AND RESULTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, GOOGLE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE "GOOGLE ENTITIES") MAKE NO WARRANTY: (A) THAT THE SERVICES OR RESULTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR FREE OR BUGFREE, (B) REGARDING THE RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICES, OR (C) THAT ANY ERRORS IN THE SERVICES CAN OR WILL BE CORRECTED. THE GOOGLE ENTITIES HEREBY DISCLAIM (FOR THEMSELVES AND THEIR SUPPLIERS) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 4.3 Claims Against Google. Developer will defend Google from all third party claims, whether actual or alleged (collectively, "Google Claims"), and will indemnify Google and hold Google harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) resulting from such Google Claims that arise out of Developer's: (a) use of the Services, (b) actual or alleged infringement or misappropriation of the rights of any third party, including, without limitation, any intellectual property rights, privacy rights or publicity rights, and (c) breach of any representations and warranties set forth in the Agreement. Developer is solely responsible for defending any such Google Claims, subject to Google's right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from such Claims against Google, provided that Developer will not agree to any settlement related to any such Google Claims without Google's prior express written consent regardless of whether or not such settlement releases Google from any obligation or liability. If Developer uses the Services in an official capacity as an employee or representative of a United States federal, state, or local government entity and is legally unable to accept this indemnification provision, then it does not apply to such entity, but only to the extent required by applicable law. 4.4 Claims Against Developer. Google will defend the Developer from all third party claims, actions, suits, or proceedings, whether actual or alleged (collectively, "Developer Claims"), and will indemnify Developer and hold Developer harmless from any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) resulting from such Developer Claims, that arise out of an allegation that the Services, when used as expressly permitted by this Agreement, infringes the intellectual property rights of such third party. Notwithstanding the foregoing, Google will have no obligation under this Section 4.4 or otherwise with respect to any infringement claim based upon: (a) any use of the Services not expressly permitted under this Agreement; (b) any use of the Services in combination with products, equipment, software, or data not made available by Google if such infringement would have been avoided without the combination with such other products, equipment, software, or data; (c) any modification of the Services by any person other than Google or its authorized agents or subcontractors; or (d) any claim not clearly based on the Services itself. This Section 4.4 states Google's entire liability and Developer's sole and exclusive remedy for all third party claims. 4.5 Procedure. The foregoing obligations are conditioned on the party seeking indemnification: (a) promptly notifying the other party in writing of such claim; (b) giving the other party sole control of the defense thereof and any related settlement negotiations; and (c) cooperating and, at the other party's request and expense, assisting in such defense. Neither party may make any public announcement of any claim, defense or settlement without the other party's prior written approval. The indemnifying party may not settle, compromise or resolve a claim without the consent of the indemnified party, if such settlement, compromise or resolution (i) causes or requires an admission or finding of guilt against the indemnified party, (i) imposes any monetary damages against the indemnified party, or (iii) does not fully release the indemnified party from liability with respect to the claim. 4.6 Limitation of Liability. (a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY DAMAGES ASSOCIATED WITH ANY LOSS OF USE, BUSINESS, PROFITS, OR GOODWILL OR FOR INTERRUPTION, LOSS OR CORRUPTION OF DATA OR NETWORKS. (b) IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT EXCEED FIFTY ($50.00) DOLLARS (USD). (c) THE FOREGOING LIMITATIONS SHALL NOT APPLY TO BREACHES OF CONFIDENTIALITY OBLIGATIONS OR FOR MISAPPROPRIATION OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ANY AND ALL CLAIMS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. SECTION 5. TERM AND TERMINATION 5.1 Term. The term of this Agreement will begin on the date you first agree to this Agreement and are approved to register for the Services, and continue until terminated as set forth herein ("Term"). Your use of the Services may be terminated by Google or you at any time, for any reason, effective immediately upon notice provided by one party to the other party as set forth herein. 5.2 Effects of Termination. Upon any expiration or termination of this Agreement, all rights, obligations and licenses of the parties shall cease, except that: (a) all obligations that accrued prior to the effective date of termination and all remedies for breach of this Agreement shall survive, (b) you must discontinue accessing and using the Services and delete all Software and Google Properties, and (c) the provisions in Section 2 titled Restrictions, Developer Feedback, Confidentiality, Proprietary Rights, General Learning; Aggregate Data, the provisions of Section 4 and the provisions in this Section 5 shall survive. Unless otherwise specified in this Agreement (including the Data Processing and Security Terms), Google has no obligation to store, delete or return any User Feedback, Performance Data, Developer Data, or Results. SECTION 6. MISCELLANEOUS 6.1 Entire Agreement. This Agreement (which includes any order form completed by Developer) constitutes the entire agreement, and supersede all prior negotiations, understandings, or agreements (oral or written), between the parties about the subject matter of this Agreement. 6.2 Waivers, Consents and Amendments. No waiver, consent, or modification of this Agreement shall bind the Google Entities unless in writing and signed by Google. Google may amend this Agreement from time to time. If we make a change to this Agreement that, in our sole discretion, is material, we will notify you at the email address that you provided upon signing up to access the Services or otherwise through the Services. If you do not agree to the modified terms, you shall notify Google in writing within thirty (30) days, after which your right to access and use the Services shall immediately terminate and the Google Entities shall have no further responsibility or liability to you. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. 6.3 Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 6.4 Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. (a) Except as set forth in Section 6.4(b) below, all claims arising out of or relating to this Agreement or the Services ("Disputes") will be governed by California law, excluding California's conflict of laws rules, and all Disputes will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA, and You and Google consent to personal jurisdiction in those courts. (b) If Your principal place of business (for entities) or place of residence (for individuals) is in any country within APAC (other than Australia, Japan, New Zealand or Singapore) or Latin America, this Section 6.4(b) will apply instead of Section 6.4(a) above. ALL DISPUTES (AS DEFINED ABOVE) WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in this Agreement. Subject to the confidentiality requirements in of this Agreement, either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator's powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this subsection. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Any arbitration proceeding conducted in accordance with this section will be considered Confidential Information under this Agreement's confidentiality section, including: (i) the existence of, (ii) any information disclosed during, and (iii) any oral communications or documents related to the arbitration proceedings. The parties may also disclose the information described in this section to a competent court as may be necessary to file any order under this section or execute any arbitral decision, but the parties must request that those judicial proceedings be conducted in camera (in private). The parties will pay the arbitrator's fees, the arbitrator's appointed experts' fees and expenses, and the arbitration center's administrative expenses in accordance with the Rules. In its final decision, the arbitrator will determine the non-prevailing party's obligation to reimburse the amount paid in advance by the prevailing party for these fees. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision. 6.5 Force Majeure. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under this Agreement (except payment obligations) due to any cause beyond its reasonable control, the affected party shall give written notice thereof to the other party and its performance shall be extended for the period of delay or inability to perform due to such occurrence. 6.6 Notices. Any notice or communication hereunder shall be in writing and either personally delivered or sent via confirmed facsimile, confirmed electronic transmission, recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party, which, in the case of Developer, shall be the email address provided to Google upon signing up for the Services or specified through use of the Services, and, in the case of Google, shall be Google LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department. All notices shall be in English, and deemed to have been received when they are hand delivered, or five business days after their mailing, or upon confirmed electronic transmission or confirmed facsimile transmission. 6.7 Assignment. This Agreement and the rights and obligations hereunder may not be assigned, transferred or delegated, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether Developer is the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, by Developer without Google's prior written consent. Any assignment or transfer in violation of the foregoing shall automatically be null and void, and Google may immediately terminate this Agreement upon such an attempt. This Agreement shall be binding upon, and inure to the benefit of, any permitted successors, representatives, and permitted assigns of the parties hereto. 6.8 Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint venturers or partners for any purpose. Google Measurement Controller-Controller Data Protection Terms The Measurement Services customer agreeing to these terms (“Customer”) has entered into an agreement with either Google or a third party reseller (as applicable) for the provision of the Measurement Services (as amended from time to time, the “Agreement”) through which services user interface Customer has enabled the Data Sharing Setting. These Google Measurement Controller-Controller Data Protection Terms (“Controller Terms”) are entered into by Google and Customer. Where the Agreement is between Customer and Google, these Controller Terms supplement the Agreement. Where the Agreement is between Customer and a third party reseller, these Controller Terms form a separate agreement between Google and Customer. For the avoidance of doubt, the provision of the Measurement Services is governed by the Agreement. These Controller Terms set out the data protection provisions relating to the Data Sharing Setting only but do not otherwise apply to the provision of the Measurement Services. Subject to Section 8.2 (Processor Terms), these Controller Terms will be effective, and replace any previously applicable terms relating to their subject matter, from the Terms Effective Date. If you are accepting these Controller Terms on behalf of Customer, you warrant that: (a) you have full legal authority to bind Customer to these Controller Terms; (b) you have read and understand these Controller Terms; and (c) you agree, on behalf of Customer, to these Controller Terms. If you do not have the legal authority to bind Customer, please do not accept these Controller Terms. Please do not accept these Controller Terms if you are a reseller. These Controller Terms set out the rights and obligations that apply between users of the Measurement Services and Google. 1. Introduction These Controller Terms reflect the parties’ agreement on the processing of Controller Personal Data pursuant to the Data Sharing Setting. 2. Definitions and Interpretation 2.1 In these Controller Terms: “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party. "Confidential Information" means these Controller Terms. “Controller Data Subject” means a data subject to whom Controller Personal Data relates. “Controller MCCs” means the terms at privacy.google.com/businesses/controllerterms/mccs, which are standard data protection clauses for the transfer of personal data to controllers established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the EU GDPR. “Controller Personal Data” means any personal data that is processed by a party pursuant to the Data Sharing Setting. “Data Protection Legislation” means, as applicable: (a) the GDPR; and/or (b) the Federal Data Protection Act of 19 June 1992 (Switzerland). “Data Sharing Setting” means the data sharing setting which Customer has enabled via the user interface of the Measurement Services and which enables Google and its Affiliates to use personal data for improving Google’s and its Affiliates’ products and services. "EU GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. “End Controller” means, for each party, the ultimate controller of Controller Personal Data. “European Controller Personal Data” means Controller Personal Data of Controller Data Subjects located in the European Economic Area or Switzerland. “GDPR” means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR. “Google” means: (a) where a Google Entity is party to the Agreement, that Google Entity. (b) where the Agreement is between Customer and a third party reseller and: (i) the third party reseller is organised in North America or in another region outside Europe, the Middle East, Africa, Asia and Oceania, Google LLC (formerly known as Google Inc.); (ii) the third party reseller is organised in Europe, the Middle East or Africa, Google Ireland Limited; or (iii) the third party reseller is organised in Asia and Oceania, Google Asia Pacific Pte. Ltd. “Google End Controllers” means the End Controllers of Controller Personal Data processed by Google. “Google Entity” means Google LLC, Google Ireland Limited or any other Affiliate of Google LLC. “Measurement Services” means Google Analytics, Google Analytics 360, Google Analytics for Firebase, Google Optimize or Google Optimize 360, as applicable to the Data Sharing Setting for which the parties agreed to these Controller Terms. “Policies” means the Google End User Consent Policy available at https://www.google.com/about/company/user-consent-policy.html. “Processor Terms” means: (a) where Google is a party to the Agreement, the processor terms available at https://privacy.google.com/businesses/processorterms/; or (b) where the Agreement is between Customer and a third party reseller, such terms reflecting a controller-processor relationship (if any) as agreed between the Customer and the third party reseller. “Terms Effective Date” means, as applicable: (a) 25 May 2018, if Customer clicked to accept or the parties otherwise agreed to these Controller Terms before or on such date; or (b) the date on which Customer clicked to accept or the parties otherwise agreed to these Controller Terms, if such date is after 25 May 2018. “UK Controller Personal Data” means Controller Personal Data of Controller Data Subjects located in the UK. “UK GDPR” means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, if in force. 2.2 The terms “controller”, “data subject”, “personal data”, “processing” and “processor” as used in these Controller Terms have the meanings given in the GDPR, and the terms “data importer” and “data exporter” have the meanings given in the Controller MCCs. 2.3 Any examples in these Controller Terms are illustrative and not the sole examples of a particular concept. 2.4 Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time. 2.5 If these Controller Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern. 2.6 References in the Controller MCCs to the “Google Ads Controller-Controller Data Protection Terms” shall be deemed to mean the “Google Measurement Controller-Controller Data Protection Terms”. 3. Application of these Controller Terms 3.1 Application of Data Protection Legislation These Controller Terms will only apply to the extent that the Data Protection Legislation applies to the processing of Controller Personal Data. 3.2 Application to Data Sharing Setting These Controller Terms will only apply to the Data Sharing Setting for which the parties agreed to these Controller Terms (for example, the Data Sharing Setting for which Customer clicked to accept these Controller Terms). 3.3 Duration These Controller Terms will apply from the Terms Effective Date and continue while Google or Customer processes Controller Personal Data, after which these Controller Terms will automatically terminate. 4. Roles and Restrictions on Processing 4.1 Independent Controllers Subject to Section 4.4 (End Controllers), each: (a) is an independent controller of Controller Personal Data under the Data Protection Legislation; (b) will individually determine the purposes and means of its processing of Controller Personal Data; and (c) will comply with the obligations applicable to it under the Data Protection Legislation with respect to the processing of Controller Personal Data. 4.2 Restrictions on Processing Section 4.1 (Independent Controllers) will not affect any restrictions on either party’s rights to use or otherwise process Controller Personal Data under the Agreement. 4.3 End User Consent Customer will comply with the Policies in relation to the Controller Personal Data shared pursuant to the Data Sharing Setting and at all times will bear the burden of proof in establishing such compliance. 4.4 End Controllers Without reducing either party’s obligations under these Controller Terms, each party acknowledges that: (a) the other party’s Affiliates or clients may be End Controllers; and (b) the other party may act as a processor on behalf of its End Controllers. The Google End Controllers are: (i) for European Controller Personal Data processed by Google, Google Ireland Limited; and (ii) for UK Controller Personal Data processed by Google, Google LLC. Each party will ensure that its End Controllers comply with the Controller Terms, including (where applicable) the Controller MCCs. 5. Data Transfers 5.1 Data Transfers Subject to Section 5.2, either party may transfer Controller Personal Data to third countries if it complies with the provisions on the transfer of personal data to third countries in the Data Protection Legislation. 5.2 Transfers of UK Controller Personal Data to Google To the extent that Customer transfers UK Controller Personal Data to Google, Customer as data exporter will be deemed to have entered into the Controller MCCs with Google LLC (the applicable Google End Controller) as data importer and the transfers will be subject to the Controller MCCs, because Google LLC is established in the USA and such transfers are therefore to a third country that is not subject to an adequacy decision under the UK GDPR. For clarity, to the extent Customer transfers European Controller Personal Data to Google, the Controller MCCs are not required because Google Ireland Limited (the applicable Google End Controller) is established in Ireland and such transfers are therefore permitted under the Data Protection Legislation. 5.3 Additional Commercial Clauses for the Controller MCCs Sections 5.4 (Contacting Google) to 5.7 (Third Party Controllers) are additional commercial clauses relating to the Controller MCCs as permitted by Clause VII (Variation of these clauses) of the Controller MCCs. Nothing in Sections 5.4 (Contacting Google) to 5.7 (Third Party Controllers) varies or modifies any rights or obligations of the parties to the Controller MCCs. 5.4 Contacting Google Customer may contact Google Ireland Limited and/or Google LLC in connection with the Controller MCCs at https://support.google.com/policies/troubleshooter/9009584 or through such other means as may be provided by Google from time to time, including for the purposes of: (a) Clause II(e) of the Controller MCCs, to the extent Google LLC acts as data importer and Customer acts as data exporter under the Controller MCCs; and (b) requesting an Audit pursuant to Section 5.6 (a) (Reviews, Audits and Certifications of Compliance) below. 5.5 Responding to Data Subject Enquiries For the purpose of Clause I(d) of the Controller MCCs, the applicable data importer will be responsible for responding to enquiries from data subjects and the authority concerning the processing of applicable Controller Personal Data by the data importer. 5.6 Reviews, Audits and Certifications of Compliance (a) If the Controller MCCs apply under this Section 5 (Data Transfers), the applicable data importer will allow the applicable data exporter or a third party inspection agent or auditor appointed by the data exporter to conduct a review, audit and/or certification as described in Clause II(g) of the Controller MCCs (“Audit”) in accordance with this Section 5.6 (Reviews, Audits and Certifications of Compliance). (b) Following receipt by the data importer of a request for an Audit, the data importer and the data exporter will discuss and agree in advance on the reasonable start date, scope and duration of, and security and confidentiality controls applicable to, the Audit. (c) The data importer may charge a fee (based on the data importer’s reasonable costs) for any Audit. The data importer will provide the data exporter with further details of any applicable fee, and the basis of its calculation, in advance of the Audit. The data exporter will be responsible for any fees charged by any third party inspection agent or auditor appointed by the data exporter to execute the Audit. (d) The data importer may object to any third party inspection agent or auditor appointed by the data exporter to conduct any Audit if the inspection agent or auditor is, in the data importer’s reasonable opinion, not suitably qualified or independent, a competitor of the data importer or otherwise manifestly unsuitable. Any such objection by the data importer will require the data exporter to appoint another inspection agent or auditor or conduct the Audit itself. (e) The data importer will not be required either to disclose to the data exporter or its third party inspection agent or auditor, or to allow the data exporter or its third party inspection agent or auditor to access: (i) any data of any customers of the data importer or any of its Affiliates; (ii) any internal accounting or financial information of the data importer or any of its Affiliates; (iii) any trade secret of the data importer or any of its Affiliates; (iv) any information that, in the data importer’s reasonable opinion, could: (A) compromise the security of any systems or premises of the data importer or any of its Affiliates; or (B) cause the data importer or any Affiliate of the data importer to breach its obligations under the Data Protection Legislation or its security and/or privacy obligations to the data exporter or any third party; or (v) any information that the data exporter or its third party inspection agent or auditor seeks to access for any reason other than the good faith fullfilment of the data exporter’s obligations under the Data Protection Legislation. 5.7 Third Party Controllers To the extent Google LLC acts as data importer and Customer acts as data exporter under the Controller MCCs under Section 5.2 (Transfers of UK Controller Personal Data to Google), Google notifies Customer for the purpose of Clause II(i) that UK Controller Personal Data may be transferred to the third party data controllers described in applicable Help Centre articles for the Measurement Services. 6. Liability 6.1 Liability Cap If Google is: (a) party to the Agreement and the Agreement is governed by the laws of: (i) a state of the United States of America, then, notwithstanding anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Controller Terms will be limited to the maximum monetary or payment-based amount at which that party’s liability is capped under the Agreement (for clarity, any exclusion of indemnification claims from the Agreement’s limitation of liability will not apply to indemnification claims under the Agreement relating to the Data Protection Legislation); or (ii) a jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Controller Terms will be subject to the exclusions and limitations of liability in the Agreement; or (b) not party to the Agreement, to the extent permitted by applicable law, Google will not be liable for Customer’s lost revenues or indirect, special, incidental, consequential, exemplary or punitive damages, even if Google or its Affiliates have been advised of, knew or should have known that such damages do not satisfy a remedy. Google’s (and its Affiliates’) total cumulative liability to Customer or any other party for any loss or damages resulting from claims, damages or actions arising out of or relating to these Controller Terms will not exceed $500 (USD). 6.2 Liability if the Controller MCCs Apply If the Controller MCCs apply under Section 5 (Data Transfers), then: (a) if Google is party to the Agreement, the total combined liability of: (i) Google and Google LLC towards Customer; and (ii) Customer towards Google, Google LLC and Google Ireland Limited; under or in connection with the Agreement and the Controller MCCs combined will be subject to Section 6.1(a) (Liability Cap). Clause III(a) of the Controller MCCs will not affect the previous sentence. (b) if Google is not party to the Agreement, the total combined liability of: (i) Google and Google LLC towards Customer; and (ii) Customer towards Google, Google LLC and Google Ireland Limited; under or in connection with these Controller Terms and the Controller MCCs combined will be subject to Section 6.1(b) (Liability Cap). Clause III(a) of the Controller MCCs will not affect the previous sentence. 7. Third Party Beneficiaries Where Google LLC is not a party to the Agreement but is a party to the Controller MCCs, Google LLC will be a third-party beneficiary of Sections 4.4 (End Controllers), 5.2 (Transfers of UK Controller Personal Data to Google) to 5.7 (Third Party Controllers), and 6.2 (Liability if the Controller MCCs Apply). To the extent this Section 7 conflicts or is inconsistent with any other clause in the Agreement, this Section 7 will apply. 8. Priority 8.1 Effect of these Controller Terms If Google is party to the Agreement and there is any conflict or inconsistency between the Controller MCCs, the Additional Terms for Non-European Data Protection Legislation, and the remainder of these Controller Terms and/or the remainder of the Agreement then, subject to Sections 4.2 (Restrictions on Processing) and 8.2 (Processor Terms), the following order of precedence will apply: (a) the Controller MCCs; (b) the Additional Terms for Non-European Data Protection Legislation; (c) the remainder of these Controller Terms; and (d) the remainder of the Agreement. Subject to the amendments in these Controller Terms, the Agreement between Google and Customer remains in full force and effect. 8.2 Processor Terms These Controller Terms will not replace or affect any Processor Terms. For the avoidance of doubt, if Customer is party to the Processor Terms in connection with the Measurement Services, the Processor Terms will continue to apply to the Measurement Services notwithstanding that these Controller Terms apply to Controller Personal Data processed pursuant to the Data Sharing Setting. 9. Changes to these Controller Terms 9.1 Changes to Controller Terms Google may change these Controller Terms if the change: (a) is required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency; or (b) does not: (i) seek to alter the categorisation of the parties as independent controllers of Controller Personal Data under the Data Protection Legislation; (ii) expand the scope of, or remove any restrictions on, either party’s rights to use or otherwise process Controller Personal Data; or (iii) have a material adverse impact on Customer, as reasonably determined by Google. 9.2 Notification of Changes If Google intends to change these Controller Terms under Section 9.1(a) and such change will have a material adverse impact on Customer, as reasonably determined by Google, then Google will use commercially reasonable efforts to inform Customer at least 30 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order or guidance issued by a governmental regulator or agency) before the change will take effect. If Customer objects to any such change, Customer may switch off the Data Sharing Setting. 10. Additional Provisions 10.1 This Section 10 (Additional Provisions) will only apply where Google is not party to the Agreement. 10.2 Each party will comply with its obligations under these Controller Terms with reasonable skill and care. 10.3 Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of exercising its rights or performing its obligations under these Controller Terms or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. 10.4 To the fullest extent permitted by applicable law, except as expressly provided for in these Controller Terms, Google makes no other warranty of any kind whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and non-infringement. 10.5 Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control. 10.6 If any term (or part of a term) of these Controller Terms is invalid, illegal, or unenforceable, the rest of these Controller Terms will remain in effect. 10.7 (a) Except as set forth in section (b) below, these Controller Terms will be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules and regulations, and California law, rules and regulations, California law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Controller Terms. (b) Where the Agreement is between Customer and a third party reseller, and the third party reseller is organised in Europe, the Middle East or Africa, these Controller Terms will be governed by English law. Each party agrees to submit to the exclusive jurisdiction of the English courts in relation to any dispute (whether contractual or non-contractual) arising out of or in connection with these Controller Terms. (c) In the event the Controller MCCs apply and provide for governing law that differs from the laws outlined in sections (a) and (b) above, the governing law set forth in the Controller MCCs will apply solely with respect to the Controller MCCs. (d) The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Controller Terms. 10.8 All notices of termination or breach must be in English, in writing and addressed to the other party’s Legal Department. The address for notices to Google’s Legal Department is legal-notices@google.com. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable). 10.9 No party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Controller Terms. No party may assign any part of these Controller Terms without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of these Controller Terms; (b) the assigning party remains liable for obligations under these Controller Terms if the assignee defaults on them; (c) in the case of Customer, the assigning party has transferred its Measurement Services account(s) to the assignee; and (d) the assigning party has notified the other party of the assignment. Any other attempt to assign is void. 10.10 The parties are independent contractors. These Controller Terms do not create any agency, partnership, or joint venture between the parties. These Controller Terms do not confer any benefits on any third party unless they expressly state that they do. 10.11 To the extent permitted by applicable law, these Controller Terms state all terms agreed between the parties. In entering into these Controller Terms no party has relied on, and no party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly stated in these Controller Terms. Appendix 1: Additional Terms for Non-European Data Protection Legislation The following Additional Terms for Non-European Data Protection Legislation supplement these Controller Terms: LGPD Controller Addendum to the Google Ads Controller-Controller Data Protection Terms (“LGPD Controller Addendum”) For the purposes of these Controller Terms: (a) references in the LGPD Controller Addendum to the Google Ads Controller-Controller Data Protection Terms shall be deemed to be references to these Google Measurement Controller-Controller Data Protection Terms; and where Customer has entered into an agreement with a third party reseller for the provision of the Measurement Services then, notwithstanding any contrary provision in the LGPD Controller Addendum, the LGPD Controller Addendum will supplement these Controller Terms that form a separate agreement between Google and Customer and will not affect any agreement between: (i) Google and the third party reseller, or (ii) the third party reseller and Customer. Google Measurement Controller-Controller Data Protection Terms, Version 1.4 16 August, 2020 EU user consent policy If your agreement with Google incorporates this policy, or you otherwise use a Google product that incorporates this policy, you must ensure that certain disclosures are given to, and consents obtained from, end users in the European Economic Area. If you fail to comply with this policy, we may limit or suspend your use of the Google product and/or terminate your agreement. Properties under your control For Google products used on any site, app or other property that is under your control, or that of your affiliate or your client, the following duties apply for end users in the European Economic Area. You must obtain end users’ legally valid consent to: the use of cookies or other local storage where legally required; and the collection, sharing, and use of personal data for personalization of ads. When seeking consent you must: retain records of consent given by end users; and provide end users with clear instructions for revocation of consent. You must clearly identify each party that may collect, receive, or use end users’ personal data as a consequence of your use of a Google product. You must also provide end users with prominent and easily accessible information about that party’s use of end users’ personal data. Properties under a third party's control If personal data of end users of a third party property is shared with Google due to your use of, or integration with, a Google product, then you must use commercially reasonable efforts to ensure the operator of the third party property complies with the above duties. A third party property is a site, app or other property that is not under your, your affiliate's or your client's control and whose operator is not already using a Google product that incorporates this policy. Google Analytics Terms of Service These Google Analytics Terms of Service (this "Agreement") are entered into by Google LLC ("Google") and the entity executing this Agreement ("You"). This Agreement governs Your use of the standard Google Analytics (the "Service"). BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. In consideration of the foregoing, the parties agree as follows: 1. Definitions. "Account" refers to the account for the Service. All Profiles (as applicable) linked to a single Property will have their Hits aggregated before determining the charge for the Service for that Property. "Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. "Customer Data" or "Google Analytics Data" means the data you collect, process or store using the Service concerning the characteristics and activities of Users. "Documentation" means any accompanying documentation made available to You by Google for use with the Processing Software, including any documentation available online. "GAMC" means the Google Analytics Measurement Code, which is installed on a Property for the purpose of collecting Customer Data, together with any fixes, updates and upgrades provided to You. "Hit" means a collection of interactions that results in data being sent to the Service and processed. Examples of Hits may include page view hits and ecommerce hits. A Hit can be a call to the Service by various libraries, but does not have to be so (e.g., a Hit can be delivered to the Service by other Google Analytics-supported protocols and mechanisms made available by the Service to You). "Platform Home" means the user interface through which You can access certain Google Marketing Platform-level functionality. "Processing Software" means the Google Analytics server-side software and any upgrades, which analyzes the Customer Data and generates the Reports. "Profile" means the collection of settings that together determine the information to be included in, or excluded from, a particular Report. For example, a Profile could be established to view a small portion of a web site as a unique Report. "Property" means any web page, application, other property or resource under Your control that sends data to Google Analytics. "Privacy Policy" means the privacy policy on a Property. "Report" means the resulting analysis shown at www.google.com/analytics/, some of which may include analysis for a Profile. "Servers" means the servers controlled by Google (or its wholly-owned subsidiaries) on which the Processing Software and Customer Data are stored. “SDKs” mean certain software development kits, which may be used or incorporated into a Property app for the purpose of collecting Customer Data, together with any fixes, updates, and upgrades provided to You. "Software" means the Processing Software, GAMC and/or SDKs. "Third Party" means any third party (i) to which You provide access to Your Account or (ii) for which You use the Service to collect information on the third party's behalf. "Users" means users and/or visitors to Your Properties. The words "include" and "including" mean "including but not limited to." 2. Fees and Service. Subject to Section 15, the Service is provided without charge to You for up to 10 million Hits per month per Account. Google may change its fees and payment policies for the Service from time to time including the addition of costs for geographic data, the importing of cost data from search engines, or other fees charged to Google or its wholly-owned subsidiaries by third party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of those changes which will be posted at www.google.com/analytics/. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement and any collection expenses (including attorneys' fees) incurred by Google will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with Your AdWords account. 3. Member Account, Password, and Security. To register for the Service, You must complete the registration process by providing Google with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify Google immediately upon learning of any unauthorized use of Your Account or any other breach of security. Google's (or its wholly-owned subsidiaries) support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues. 4. Nonexclusive License. Subject to the terms and conditions of this Agreement, (a) Google grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the GAMC and/or SDKs solely as necessary for You to use the Service on Your Properties or Third Party's Properties; and (b) You may remotely access, view and download Your Reports stored at www.google.com/analytics/. You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; or (vi) use data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading Reports. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports. 5. Confidentiality and Beta Features. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Certain Service features are identified as "Alpha," "Beta," "Experiment," (either within the Service or elsewhere by Google) or as otherwise unsupported or confidential (collectively, "Beta Features"). You may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. Google will have no liability arising out of or related to any Beta Features. 6. Information Rights and Publicity. Google and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy (located at https://www.google.com/policies/privacy/), information collected in Your use of the Service. Google will not share Your Customer Data or any Third Party's Customer Data with any third parties unless Google (i) has Your consent for any Customer Data or any Third Party's consent for the Third Party's Customer Data; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of Google, its users or the public; or (iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on Google's behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Google. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on Google's instructions and in compliance with this Agreement and appropriate confidentiality and security measures. 7. Privacy. You will not and will not assist or permit any third party to, pass information to Google that Google could use or recognize as personally identifiable information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from Users. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies, identifiers for mobile devices (e.g., Android Advertising Identifier or Advertising Identifier for iOS) or similar technology used to collect data. You must disclose the use of Google Analytics, and how it collects and processes data. This can be done by displaying a prominent link to the site "How Google uses data when you use our partners' sites or apps", (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time). You will use commercially reasonable efforts to ensure that a User is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the User’s device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by law. You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service. You will comply with all applicable Google Analytics policies located at www.google.com/analytics/policies/ (or such other URL as Google may provide) as modified from time to time (the "Google Analytics Policies"). You may participate in an integrated version of Google Analytics and certain Google advertising services ("Google Analytics Advertising Features"). If You use Google Analytics Advertising Features, You will adhere to the Google Analytics Advertising Features policy (available at support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409). Your access to and use of any Google advertising service is subject to the applicable terms between You and Google regarding that service. If You use the Platform Home, Your use of the Platform Home is subject to the Platform Home Additional Terms (or as subsequently re-named) available at https://support.google.com/marketingplatform/answer/9047313 (or such other URL as Google may provide) as modified from time to time (the "Platform Home Terms"). 8. Indemnification. To the extent permitted by applicable law, You will indemnify, hold harmless and defend Google and its wholly-owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Google or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by Google or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, (iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports; (vi) violations of Your obligations of privacy to any Third Party; and (vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports. Google will provide You with written notice of any claim, suit or action from which You must indemnify Google. You will cooperate as fully as reasonably required in the defense of any claim. Google reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. 9. Third Parties. If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by Google to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) Google may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent. 10. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. 11. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED SUBSIDIARIES’) TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD). 12. Proprietary Rights Notice. The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Google (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by Google and its licensors without restriction, including, Google's (and its wholly owned subsidiaries’) right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) rent, lease, sell, assign or otherwise transfer rights in or to the Software, Documentation or the Service; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Google; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Google (or its wholly owned subsidiaries) other than in the name of Google (or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service or Software; or (h) seek, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement. 13. U.S. Government Rights. If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement. 14. Term and Termination. Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, Google will stop providing, and You will stop accessing the Service. Additionally, if Your Account and/or Properties are terminated, You will (i) delete all copies of the GAMC from all Properties and/or (ii) suspend any and all use of the SDKs within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and (c) all of Your historical Report data will no longer be available to You. 15. Modifications to Terms of Service and Other Policies. Google may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Google will post notice of modifications to these terms at https://www.google.com/analytics/terms/, the Google Analytics Policies at www.google.com/analytics/policies/, or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, You should discontinue Your use Google Analytics. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Google, (ii) You accept updated terms online, or (iii) You continue to use the Service after Google has posted updates to the Agreement or to any policy governing the Service. 16. Miscellaneous, Applicable Law and Venue. Google will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between You and Google concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Santa Clara County, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Google must be sent to: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without Google's prior written consent, and any such attempt is void. The relationship between Google and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6 (except the last two sentences), 7, 8, 9, 10, 11, 12, 14, 16, and 17. 17. Google Analytics for Firebase. If You link a Property to Firebase (“Firebase Linkage”) as part of using the Service, the following terms, in addition to Sections 1-16 above, will also apply to You, and will also govern Your use of the Service, including with respect to Your use of Firebase Linkage. Other than as modified below, all other terms will stay the same and continue to apply. In the event of a conflict between this Section 17 and Sections 1-16 above, the terms in Section 17 will govern and control solely with respect to Your use of the Firebase Linkage. The following definition in Section 1 is modified as follows: "Hit" means a collection of interactions that results in data being sent to the Service and processed. Examples of Hits may include page view hits and ecommerce hits. A Hit can be a call to the Service by various libraries, but does not have to be so (e.g., a Hit can be delivered to the Service by other Google Analytics-supported protocols and mechanisms made available by the Service to You). For the sake of clarity, a Hit does not include certain events whose collection reflects interactions with certain Properties capable of supporting multiple data streams, and which may include screen views and custom events (the collection of events, an “Enhanced Packet”). The following sentence is added to the end of Section 7 as follows: If You link a Property to a Firebase project (“Firebase Linkage”) (i) certain data from Your Property, including Customer Data, may be made accessible within or to any other entity or personnel according to permissions set in Firebase and (ii) that Property may have certain Service settings modified by authorized personnel of Firebase (notwithstanding the settings You may have designated for that Property within the Service). Last Updated June 17, 2019 Figma Terms of Service Last Updated: April 21, 2021. Welcome to the Figma, Inc. (“Figma”, “us” “we” or “our”) website. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our websites including figma.com, designsystems.com and any other websites that we may later own or operate (each, a “Site,” and collectively, the “Sites”); our mobile applications (“Apps”), our application program interfaces (“APIs”), our software development kits (“SDKs”) and our collaboration tools and other products and services we may later own or operate (collectively, with the Sites, Apps, APIs, and SDKs, the “Services”). ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, THESE TERMS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION. 1. Agreement to these Terms By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. 2. Changes to the Terms or Services We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services after such a change, you are indicating that you agree to the modified Terms. We may also change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 3. Service Terms You agree to comply with the Service Terms attached as Exhibit A. 4. License Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide, with the exception of countries that are embargoed or designated as supporting terrorist activities by the United States Government, for you to access and use the Services in connection with your internal business operations. 5. Charges and Payment 5.1. Pricing. Certain Services are offered under different pricing plans, the limits and features of which are available at www.figma.com/pricing, and further governed by https://www.figma.com/pricing-faq/. Your rights and obligations with respect to certain Services will be based in part on the pricing plan you choose. 5.2. Payment Terms. 5.2.1. When you purchase Services (each such purchase, a “Subscription”), you expressly authorize us or our third-party payment processor to charge you for such Services. You represent and warrant that you have the legal right to use all payment methods that you provide to us. 5.2.2. All fees are stated and solely payable in U.S. Dollars, non-refundable, and not subject to setoff. You are solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees you incur as a result of the charges billed by us. 5.2.3. In the event that you fail to pay the full amount owed to us, we may limit your access to the Services, in addition to any other rights or remedies we may have. 5.3. Authorization for Recurring Payments. 5.3.1. All pricing plans involve recurring fees (each, along with any applicable taxes and other charges are a “Subscription Fee”). Depending on which options you choose, those fees may recur each month, quarter or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify you before we effect any change. 5.3.2. By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Figma. We (or our third party payment processor) will automatically charge you in accordance with the term of your Subscription (e.g., each month, quarter, or year), on the calendar day corresponding to the commencement of your Subscription using the payment information you have provided. 5.3.3. In the event your Subscription begins on a day not contained in a later month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly Subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. We may also periodically authorize your payment method in anticipation of applicable fees or related charges. 5.3.4. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with these Terms. 5.4. Cancelling Subscriptions 5.4.1. You may cancel your Subscription at any time but please note that such cancellation will only be effective at the end of the then-current Subscription period. Unless required by law, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. 5.4.2. To cancel, you can either (i) email us at support@figma.com and follow any instructions, if any, we provide to you in response to your cancellation request, or (ii) for some kinds of Subscriptions, initiate a cancellation through your Account settings within the Services. You will be responsible for all Subscription Fees incurred for the then-current Subscription period. Cancelling your Subscription will not terminate your Account. See Section 10 (Termination) below for information on terminating your Account. 5.5. Taxes. Subscription Fees do not include taxes, and you agree to: (a) pay all sales/use, gross receipts, value-added, GST, personal property, or other tax (including any interest and penalties) with respect to the transactions and payments under these Terms, other than taxes based on our income, employees, or real property; and (b) be responsible for any filing of any information or tax returns with respect thereto. 5.6. Withholding. Further, all payments made by you to us under these Terms will be made free and clear of any deduction or withholding. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required by law, you will pay such additional amounts as are necessary so that the net amount received by us after such deduction or withholding will be equal to the full amount that we would have received if no deduction or withholding had been required. Each party will use commercially reasonable efforts to work with the other party to help obtain, reduce, or eliminate any necessary withholding, deduction, or royalty tax exemptions where applicable. 6. Confidentiality. 6.1 Confidential Information. We (the “Discloser”) have disclosed or may disclose proprietary or non-public business, technical, financial, or other information (“Confidential Information”) to you (the “Recipient”). Our Confidential Information expressly includes non-public information regarding features, functionality, and performance of the Services, including security related information. 6.2 Obligations. The Recipient will use the Discloser’s Confidential Information only for the purpose of evaluating whether or not to use (or continue to use) the Services. The Recipient will not disclose the Discloser’s Confidential Information to parties other than the Recipient’s employees, contractors, affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. The Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein. Notwithstanding the foregoing, the Recipient may disclose the Discloser’s Confidential Information: (a) if directed by Discloser; or (b) to the extent required by applicable legal process, provided that the Recipient uses commercially reasonable efforts to (i) promptly notify the Discloser in advance, to the extent permitted by law, and (ii) comply with the Discloser’s reasonable requests regarding its efforts to oppose the disclosure. The obligations set forth herein will survive for so long as these Terms are in effect between the parties and for five years thereafter. 7. Warranties. 7.1. In the event of any loss or corruption of any data associated with the Services, Figma will use commercially reasonable efforts to restore the lost or corrupted data from the latest relevant backup maintained by Figma. EXCEPT FOR THE FOREGOING, FIGMA WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY DATA. 7.2. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services, and we make no guarantees around data retention or preservation. EXCEPT AS SET FORTH IN SECTION 7.1, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 7.3. NON-FIGMA RESOURCES. FIGMA DOES NOT WARRANT, SUPPORT, NOR ACCEPT RESPONSIBILITY OF ANY KIND FOR ANY APPLICATION(S) AND/OR MATERIAL(S) THAT ARE DEVELOPED BY A PARTY OUTSIDE OF FIGMA’S ORGANIZATION, INCLUDING DESIGN FILES, PLUGINS, COMPONENT LIBRARIES, AND CODE COMPONENTS (“NON-FIGMA RESOURCES”). 8. Indemnity. You will indemnify and hold harmless Figma and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your User Content; or (iii) your violation of these Terms. 9. Limitations of Liability. 9.1. NEITHER FIGMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIGMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 9.2. IN NO EVENT WILL FIGMA OR SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FIGMA IN THE PRECEDING TWELVE MONTHS FOR THE SERVICES, OR IF YOU HAVE NOT HAD ANY SUCH PAYMENT OBLIGATIONS, ONE HUNDRED UNITED STATES DOLLARS ($100). 9.3. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY FIGMA TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. 10. Termination. 10.1. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice or liability to you, provided that, if you have paid for a Subscription and the termination is not due to your breach of this Agreement, Figma will refund you any prepaid fees for the period of your Subscription that extends beyond the effective date of such termination. 10.2. You may cease use of the Services at any time. If you are paying for a Subscription, you may terminate your Subscription through the process in Section 5.4. You may also cancel your Account at any time by sending an email to support@figma.com. 10.3. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Service Terms, Charges and Payment (to the extent you owe any fees at the time of termination); Confidentiality; provisions related to permissions to access User Content (to the extent applicable); Warranty Disclaimers; Indemnity; Limitations of Liability; Termination; and the Miscellaneous provisions under Section 11. Furthermore, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of Services or your Account. 11. Miscellaneous. 11.1. Community. Exhibit B applies to any of your use of www.figma.com/community or such successor site (“Figma Community”) that is designated by Figma. 11.12. APIs and SDKs. Figma has developed or will develop APIs and SDKs that may be used to access the Services or develop applications related to the Services, such as plugins, component libraries, and code components. You may only use the APIs and SDKs in accordance with instructions and Figma-provided documentation available at https://help.figma.com/hc/en-us or such successor link identified by Figma (“Documentation”), or as otherwise communicated to you by us. Due to the nature of the Services, we may update the APIs and SDKs from time to time, and such updates may significantly change their functionality. 11.3. Accessing Apps. The terms set forth on Exhibit C apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an "App Provider"). 11.4. Privacy Policy. Our Privacy Policy (www.figma.com/privacy) governs how we collect, use and disclose information from the Services. 11.5. Copyright and IP Policy. Figma respects copyright law and expects its users to do the same. Figma’s Copyright and IP Policy applies to you and is available at www.figma.com/copyright-and-ip-policy. 11.6. Ownership. As between the parties, Figma owns all right, title, and interest in the Services, and you own all right, title, and interest in any application(s) and/or material(s) that are developed by you on the Services or uploaded to the Services by you. Except as expressly set forth in these Terms, each party retains all right, title, and interest in and to its intellectual property rights. All rights not expressly granted are reserved, and no license, covenant, immunity, transfer, authorization, or other right will be implied, by reason of statute, estoppel, or otherwise, under these Terms. 11.7. Force Majeure. Figma will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. 11.8. Feedback; Use Rights. We welcome feedback, comments, and suggestions (“Feedback”). As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title, and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback. Additionally, Figma will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services, and related systems and technologies, and Figma will be free to use such data and information to maintain, improve, and enhance Figma’s products and services. 11.9. Publicity. You agree that Figma may identify you or your company and use your company’s logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Figma or the Services. If you do not want us to use your Marks or identify you or your company, you may opt out by emailing us at logo@figma.com. 11.10. Notices. Any notices or other communications provided by Figma under these Terms, including those regarding modifications to these Terms, will be given by Figma: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. 11.11. Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision hereof and it is the intent and agreement of the parties that these Terms will be deemed amended by modifying such provision to the extent necessary to render it valid, legal, and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is legal and enforceable and that achieves the same objective. 11.12. Groups. Certain features of the Services may allow you to participate in teams, groups or organizations (each a “Group”). In those situations, the administrator, owner, or equivalent of the Group (“Admin”) is responsible for the compliance of these Terms by each other member of the Group, payment of the Subscription Fee (if applicable), and all matters related to the Group. For clarity, each member of the Group is still responsible for their own compliance with these Terms. 11.13. Assignment. These Terms (and your access to any of the Services) are not assignable or transferable by you without our prior written consent. 11.14. Service Providers. For the avoidance of doubt, Figma may engage third parties as service providers to the Services (for example, as of the date of these Terms, Figma hosts the Services on Amazon Web Services). 11.15. No Partnership. No agency, partnership, joint venture, or employment is created as a result of these Terms, and neither party has any authority of any kind to bind the other party in any respect whatsoever. 11.16. Governing Law. These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 11.17. Dispute Resolution for Individuals You and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights. What is arbitration? Arbitration does not involve a judge or jury. Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute and makes a decision that is finally binding on both parties. The arbitrator can award the same relief as a court could, including monetary damages. While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. Can a Claim be part of a class action or similar proceeding? NO. YOU AGREE TO RESOLVE YOUR CLAIMS WITH US SOLELY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF A CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION. WE AGREE TO DO THE SAME, WHETHER OR NOT YOU OPT OUT OF ARBITRATION. ACCORDINGLY, UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR MEMBER IN ANY CLASS, REPRESENTATIVE OR CONSOLIDATED ACTION. What rules apply in the arbitration? The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference), in San Francisco, California, United States or at some other location that we both agree to. How do I start an arbitration proceeding? To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to legal@figma.com, 116 New Montgomery St, Suite 400, San Francisco, CA 94105. If we request arbitration against you we will give you notice at the email address or street address you provided. INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at legal@figma.com, 116 New Montgomery St, Suite 400, San Francisco, CA 94105. You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms. DISPUTE RESOLUTION IN THE ABSENCE OF ARBITRATION The sole jurisdiction and venue for any Claims that are not handled by arbitration will be the state and U.S. federal courts located in San Francisco, California, and both parties consent to the jurisdiction of such courts. BY ENTERING INTO THESE TERMS, YOU AND FIGMA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. This Section 11.17 only applies to Claims between us and individuals, and is governed by The Federal Arbitration Act. 11.18. Dispute Resolution for Entities. If you are accessing and using the Services on behalf of a company or other legal entity, any claim, cause of action, or dispute between the company or other legal entity and Figma arising out of or relating to these Terms or the Services will be resolved exclusively accordingly to the process set forth in Section 11.17, except that, to the extent legally permitted, (1) each party will be responsible for their own filing, administrative, arbitrative and similar fees, (2) the losing party will pay the prevailing party for all costs and attorney’s fees and (3) the AAA Commercial Arbitration Rules will apply to any arbitration between us. 11.19. Interpretation. Whenever the words “including,” “include,” or “includes” are used herein, they will be deemed to be followed by the phrase “without limitation.” 11.20. Beta Features. Product features clearly identified as Alpha or Beta features (collectively “Early Access Features”) made available by Figma are provided to you for testing purposes only, and Figma does not make any commitment to provide Early Access Features in any future versions of the Services. You are not obligated to use Early Access Features. Figma may immediately and without notice remove Early Access Features for any reason without liability to you. Notwithstanding anything to the contrary in the Terms, all Early Access Features are provided "AS IS" without warranty of any kind and without any performance obligations. 11.21. Entire Terms. These Terms supersedes all other agreements between the parties relating to its subject matter. The parties expressly agree that any different or additional terms set forth in any purchase order, vendor portal, code of conduct, or other similar documentation provided by you will not apply between the parties even if signed, acknowledged or accepted by Figma, unless Figma specifically references this clause and waives its rights. Exhibit A – Service Terms 1. Who may use the Services. You may only use the Services if you are old enough to consent (by yourself and not by a parent or guardian) to share your data under applicable law. For example, you must be 13 years or older under United States law, or 16 years or older under European Union law. 2. Use Restrictions. Except as otherwise expressly authorized in these Terms, Customer will not, will ensure its Authorized Users do not, and will not encourage or assist third parties to: a. rent, lease, distribute, sell, transfer, or otherwise permit third parties to use the Services; b. circumvent or disable any security or other technological features or measures of the Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services (except to the extent that such a restriction is impermissible under applicable law); d. reproduce, modify, adapt, or create derivative works based on the Services; e. remove any proprietary notices or labels from the Services; f. use the Services to build competitive products or services or otherwise compete with Figma or its Affiliates; g. upload or publish to the Services any data subject to specific governmental regulation, such as Sensitive Data as defined under GDPR, medical information, financial information, or government identifiers; h. upload or publish to the Services (or otherwise use the Services to develop) anything that: (i) is fraudulent, false, misleading, or deceptive; (ii) is defamatory, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (v) promotes illegal or harmful activities or substances; or (vi) otherwise violates any of Figma’s acceptable use policies or community guidelines; i. upload or publish to the Services anything that does or would violate the intellectual property rights of others; j. access or use the Services in a manner intended to avoid incurring fees; k. use the Services other than in compliance with the Documentation and applicable laws and regulations; or l. upload to the Services or use the Services to transmit or store any software viruses, Trojan horses, worms, or other destructive program or code. Although we’re not obligated to monitor the Services or User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 3. Patent Assertion Entities. A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). If you are a Patent Assertion Entity or are acting on behalf of, or for the benefit of a Patent Assertion Entity, you will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against Figma or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). This section will survive any termination or expiration of these Terms. 4. Authorized Users; Accounts. As part of the registration process, Customer will identify an administrative username and password for Customer’s Figma account. Customer represents and warrants that all registration information, including with respect to Customer’s domains, Customer provides is truthful, accurate, and complete, and that Customer will maintain the accuracy of such information. Customer is responsible and liable for maintaining control over Customer’s account, including the confidentiality of Customer’s username and password, and is responsible and liable for all activities that occur on or through Customer’s Account and all Authorized Users’ accounts, whether authorized by Customer or not. For clarity, each Authorized User is also responsible for any activity that takes place on their account, and responsible for complying with these Terms. Exhibit B - Community Terms Of Service 1. Behavior. Customer will behave appropriately on Figma Community at all times. 2. Community Contributions. For any applications and/or materials associated with your account on Community (your “Community Contributions”): a. You will not materially change the purpose or nature of a Community Contribution after it has been made available on Community. You may always choose to create a new Community Contribution or to take down an existing Community Contribution; and b. You represent and warrant that: i. you have all necessary rights to make the Community Contributions available on Community; ii. use of the Community Contributions as permitted by the license they are offered under will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) violate any applicable law or regulation; and iii. your Community Contributions will follow industry best practices on security and privacy. c. If your Community Contributions send data from users to yourself or third parties, you will get prior explicit permission for such activities. d. You grant Figma permission to conduct security testing on your Community Contributions, including, at Figma’s option and in Figma’s sole discretion, penetration testing and submission to bug bounty programs. 3. Community Resources. The Figma Community may make available (under various licenses) applications and materials that are created by third parties or by Figma (collectively, “Community Resources”). Community Resources are licensed to you directly by the creator responsible for the respective Community Resource, and subject to the terms of such license. 4. Remedies. Figma reserves the right to suspend or terminate your use of the Figma Community, or to block or remove your Community Contributions for any or no reason. You will indemnify and hold harmless Figma and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Figma Community or Community Resources; (ii) your Community Contributions; or (iii) your violation of these terms. 5. Independent Development. You understand and acknowledge that Figma may have or develop products or features that may be competitive with your Community Contributions. You agree that nothing will serve to impair Figma’s right to develop, make, use, procure, or market such products or features now or in the future or will require Figma to compensate you in any way related to your Community Contributions. 6. WARRANTY WAIVER AND LIMITATION OF LIABILITY. TO THE EXTENT LEGALLY POSSIBLE, THE FIGMA COMMUNITY AND ALL COMMUNITY RESOURCES ARE MADE AVAILABLE AS-IS AND AS-AVAILABLE, AND FIGMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE FIGMA COMMUNITY OR COMMUNITY RESOURCES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT KNOWN OR DISCOVERABLE. TO THE EXTENT LEGALLY POSSIBLE, IN NO EVENT WILL FIGMA BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING OUT OF OR RELATED TO THE FIGMA COMMUNITY OR COMMUNITY RESOURCES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY ARE NOT ALLOWED UNDER APPLICABLE LAW IN FULL OR IN PART, THIS DISCLAIMER AND/OR LIMITATION MAY NOT APPLY TO YOU; HOWEVER, THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY PROVIDED ABOVE WILL BE INTERPRETED IN A MANNER THAT, TO THE EXTENT POSSIBLE, MOST CLOSELY APPROXIMATES AN ABSOLUTE DISCLAIMER AND WAIVER OF ALL LIABILITY. Exhibit C - App Terms 1. You acknowledge and agree that:These Terms are concluded between you and Figma, and not with the App Provider, and Figma (not the App Provider), is solely responsible for the App. 2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App. 3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Figma. 4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Figma will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. 6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof. 7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist- supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 8. You must also comply with all applicable third party terms of service when using the App. Figma Privacy Policy Effective Date: April 15, 2021 ABOUT Figma, Inc. and its affiliates’ (“Figma,” “we,” “us,” and “our”) goal is to make design accessible to all. As such, we provide a design platform that you can use, among other things, to design, prototype, gather feedback and collaborate. This Privacy Policy will help you understand how we collect, use and share your personal information and assist you in exercising the privacy rights available to you. Capitalized terms not defined in this Privacy Policy will have the meaning set forth in our Terms of Service. SCOPE This Privacy Policy applies to personal information processed by us in our business, including on our websites (e.g., figma.com, designsystems.com and any other websites that we own or operate), our mobile applications, our application program interfaces, our design tool services, and our related online and offline offerings (collectively, the “Services”). This Privacy Policy does not apply to any third-party websites, services or applications, even if they are accessible through our Services. In addition, a separate privacy notice, which is available upon request if it applies to you, governs personal information we receive from our current or prospective employees and contractors. By using our Services, you agree to be bound by this Privacy Policy. If you don’t agree to this Privacy Policy, do not use the Services. If you access and use the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Privacy Policy. In that case, “you” and “your” will refer to that company or other legal entity. PERSONAL INFORMATION WE COLLECT What personal information we collect depends on how you interact with our Services. Information You Provide to Us Account Information. When you create an Account, we will collect the personal information you provide to us, such as your name, email address, personal website, and picture. Payment Information. We may sell services or merchandise through our Services. When you make purchases through the Services, we may use a third-party application, such as the Apple App Store, Google Play App Store, Amazon App Store, and/or services such as Stripe to process your payments. These third-party applications may collect certain financial information from you to process a payment on behalf of Figma, including your name, email address, mailing address, payment card information, and other billing information. Figma does not store or receive your payment information, but it may store and receive information associated with your payment information (e.g., your billing details). Your Communications with Us. We collect personal information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, or otherwise communicate with us. Use of the Services. We collect information you provide to the Services for the purpose of providing the Services to you, which may include personal information. Customer Service, Training and Quality Assurance. If you call or otherwise interact with Figma’s sales, customer service or support personnel, we may collect the information you provide to our representatives. In addition, we may record telephone calls or video conferences between you and our representatives for training or quality assurance purposes. Student Account. If you qualify for Educational Use, we may also collect information relating to your school and curriculum, such as your school name, school mailing address, school website and proof of registration. Note that, in accordance with our Terms of Service, Figma Education is only for users 13 and over. Sweepstakes, Contests, Surveys and Events. We may run sweepstakes or contests, ask you to complete surveys, and host or attend events. In each case, you may provide information to us, or we may receive information about you. In such situations, we shall use the information for the purposes for which it was collected. Information Collected Automatically Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (inferred based off of your IP address), Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and information about how you interact with and use the Services. We may use a visitor’s IP address to fight spam, malware and identity theft. With your permission, we may also collect information about your operating system’s installed fonts in connection with providing the Services to you. Combined with other system information, this information could be used to give your computer a unique fingerprint/signature and enable us to track your usage of our Services after you log out. Cookies, Pixel Tags/Web Beacons, and Analytics Information. We, as well as third parties that may provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your device that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services. Cookies. Cookies are small text files placed in device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly. Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about engagement on the Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. Analytics. We may also use Google Analytics and other service providers to collect and process analytics information on our Services. For more information about how Google uses data, please visit www.google.com/policies/privacy/partners/. You can opt out of Google Analytics’ collection and processing of data generated by your use of our website by going to http://tools.google.com/dlpage/gaoptout. Information from Other Sources Figma Customers. If you use our Services on behalf of an organization (e.g., your employer), that organization may provide us with information about you so that we can provision your account. Third Party Services and Organizations. We may obtain information about you from other sources, including from third party services and organizations. For example, if you access our Services through a third-party service, we may collect information about you from that third-party service that you have made available via your privacy settings. HOW WE USE YOUR INFORMATION We use your personal information for a variety of business purposes, including: To Provide the Services or Information Requested, such as: Managing your information and account; Responding to questions, comments, and other requests; Processing payment card and/or other financial information to facilitate your use of the Services; Providing access to certain areas, functionalities, and features of our Services; and Answering requests for customer or technical support. Administrative Purposes, such as: Pursuing legitimate interests, such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention; Measuring interest and engagement in our Services; Developing new products and services or improving the Services; Ensuring internal quality control and safety; Protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; Communicating with you about your account, activities on our Services and Privacy Policy changes; Short-term, transient use, such as contextual customization of ads; Enforcing our agreements; and Complying with our legal obligations. Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities that allow you to share content. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Marketing Our Products and Services. We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us as set forth below. Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent. De-identified and Aggregated Information Use. We may use personal information and other data about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services. De-identified and/or aggregated information is not personal information, and we may use and disclose such information in a number of ways, including research, industry analysis, analytics, and any other legally permissible purposes. How We Use Automatic Collection Technologies. We, as well as third parties that may provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies to automatically collect information through the Services. Our uses of these Technologies fall into the following general categories: Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality; Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services; Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed; Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites. Please note that this Privacy Policy covers only our use of Technologies and does not govern the use of Technologies by any third parties. Cross-Device Tracking. Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and we may match the information of the browser and devices that appear to be used by the same person. DISCLOSING YOUR INFORMATION TO THIRD PARTIES We may share any personal information we collect with the following categories of third parties: Other Users of Figma’s Services. When you use the Services, we will share certain information with other users. For Collaboration. You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select. Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content. For example, when you comment, we display your profile picture and name next to your comments so that other users with access to the comment understand who made it. Similarly, when you join a team, your name, profile picture and contact information will be displayed in a list for other team members so they can find and interact with you. Please be aware that some content can be published or otherwise made publicly available, including information about you, can be publicly viewed and indexed by and returned in search results of search engines. You can check the settings at any time to confirm whether particular content is public or private. In addition, in connection with your posting of content, we will share your picture, name, user handle, and Twitter (or other social networking site) handle (to the extent you have provided us with this information). We are not responsible for privacy practices of the other users who may view and use the posted information. Managed Accounts and Administrators. If you register or access the Services using an email address with a domain that is owned by your employer or organization, or associate that email address with your existing account and such organization wishes to establish a Figma services account, certain information about you including your name, profile picture, contact information, content, and account use may become accessible to that organization’s administrator and other Figma service users, as permitted by your administrator, to provide you additional products and services or to integrate with Figma or other products and services. For example, your organization may request that we provide extra security controls around your account to protect information about your organization or your organization may request that we link your Figma account with your organization’s account to enhance collaboration and functionality among tools you use. If you are the administrator of a team, organization or other account holder within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests. Please note that your information may also be subject to your organization’s privacy policy. We are not responsible for the privacy or security practices of our customers. Service Providers. We may share any personal information we collect about you with our third-party service providers. The categories of service providers to whom we entrust personal information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services. Your Organization. If you access the Services on behalf of an organization, we may share your information with that organization at its request. Third-Party Platforms and Services. We will share your personal information with third-party platforms and/or services if you have expressly consented or requested that we do so. Please note we do not endorse, screen or approve, and are not responsible for, the practices or conduct of such third-party services. Affiliates. We may share personal information with our affiliated entities. Advertising Partners. Through our Services, we may allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” If you prefer not to share your personal information with third-party advertising partners, you may follow the instructions below. Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we have associated with you if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to enforce Figma’s policies and contracts; (iv) to collect amounts owed to us; (v) when we believe disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable. Disclosure in the Event of Merger, Sale, or Other Asset Transfer. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract. INTERNATIONAL DATA TRANSFERS All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws. E.U. – U.S. PRIVACY SHIELD AND SWISS – U.S. PRIVACY SHIELD Figma relies on Standard Contractual Clauses for the transfer of personal data. In addition, Figma continues to comply with the E.U. - U.S. Privacy Shield Framework and the Swiss - U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Figma has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield List. Figma is responsible for onward transfers to our agents under the Privacy Shield Framework. With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Figma is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If you have any questions or concerns related to our Privacy Shield certification or to resolve any complaints about our collection or use of your personal information, you should first contact us using the information set forth below. Figma has further committed to refer unresolved complaints related to personal information to JAMS Privacy Shield Dispute Resolution Program, an independent dispute resolution provider located in the United States made available free of charge. For more information or to submit a complaint visit: https://www.jamsadr.com/eu-us-privacy-shield. Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution options do not satisfactorily resolve your concerns. YOUR CHOICES General. You may have the right to opt out of certain uses of your personal information. Email. If you receive an unwanted marketing email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future marketing emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Service or this Privacy Policy). Mobile Devices. We may send you push notifications through our mobile application. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android and iOS. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. Please note you must separately opt out in each browser and on each device. “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to DNT signals or similar mechanisms transmitted by web browsers. YOUR PRIVACY RIGHTS In accordance with applicable law, you may have the right to: Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”); Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information; Request Deletion of your personal information; Request Restriction of or Object to our processing of your personal information; and Withdraw your Consent to our processing of your personal information. If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. Please note that if you use our Services on behalf of an organization (e.g., your employer), that organization may be responsible for fulfilling the individual rights requests referenced above. DATA RETENTION We store the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and/or comply with applicable laws. SECURITY OF YOUR INFORMATION We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable laws, we do not accept liability for unauthorized disclosure. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an email to you. THIRD-PARTY WEBSITES/APPLICATIONS The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Figma has collected about them and whether Figma disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information above, in the respective sections of this Privacy Policy, and below: Figma collects the following Categories of Personal Information: Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, signature, address, telephone number or employment.Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. Note: Some personal information included in this category may overlap with other categories. Commercial information: Records of products or services purchased or obtained from Figma. Internet or other electronic network activity: Information on a consumer's interaction with websites, applications, or advertisements related to the Services. Geolocation data: Physical location. Sensory data: Audio, electronic, visual, or similar information. Inferences drawn from other personal information to create a profile about a consumer: Profile reflecting a consumer's preferences or characteristics as they relate to the Services. Figma Discloses to the following Categories of Third Parties for a Business Purpose: Advertising networks Internet service providers Data analytics providers Operating systems and platforms Social networks Service providers Sales of Personal Information under the CCPA As defined by the CCPA, Figma does not sell personal information of California residents, nor do we have actual knowledge of any sale of personal information of minors under 16 years of age. Additional Privacy Rights for California Residents Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA. Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth below. Verification. To protect your privacy, we will take steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to log in to your account or verify your email address. If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS If you are a resident of Nevada, you have the right to opt out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise your right by contacting us as described below with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. As defined by Nevada Revised Statutes Chapter 603A, we do not currently sell Personal Information of Nevada residents. CHILDREN’S INFORMATION The Services are not directed to children under 13, and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected a child’s personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account. SUPERVISORY AUTHORITY If you are located in the European Economic Area or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law. CHANGES TO OUR PRIVACY POLICY We may revise this Privacy Policy from time to time at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect. CONTACT US If you have any questions about this Privacy Policy or our privacy practices, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at: Figma, Inc. 116 New Montgomery St, Suite 700 San Francisco, CA 94105 Beyond Blue Privacy Policy Beyond Blue is committed to protecting your privacy and complying with the Privacy Act 1988 (Cth) (Privacy Act) and other relevant state laws in relation to the management of personal information. This Privacy Policy describes our policies and procedures on the collection, holding, use and disclosure of your personal information and should be read together with our Terms of Use. What is personal information? When used in this Policy, "personal information" has the meaning given in the Privacy Act. Generally, it means any information or an opinion that could be used to identify you. How do we collect personal information? We may collect your personal information if you: deal with us directly over the phone or via our support service; have contact with us in person; participate in public or closed surveys, questionnaires or conference events; register for face-to-face or digital events (such as webinars); interact with us online, including through our websites, email, webchats, mobile applications (such as BeyondNow) and social media channels (such as Facebook, Twitter, YouTube, Instagram or LinkedIn – these social media channels will also handle your personal information for their own purposes and have their own privacy policies); donated to another organisation and have consented to receiving information from like-minded organisations such as Beyond Blue; and apply for a position with us (either as an employee, or as a volunteer or as a contractor). This collection may be required to allow you to: join our websites as a registered user; make a donation; receive information from us including alerts via email or SMS communications; apply to hold a fundraising event; register to use forums; register as a blueVoices member; register as a volunteer; register as a Beyond Blue Ambassador or Speaker; download or order resources; access services for your educational institution or organisation; participate in professional learning modules; receive information about or become involved in our programs, campaigns or other initiatives; use our mobile applications; and work with us. Collecting personal information through our websites In some cases, we may also collect your personal information through the use of “cookies”. When you access one of our websites, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer or internet enabled device. This allows us to recognise your computer or internet enabled device, and whether you have already registered and greet you each time you visit our website/s. It also enables us to keep track of services you view so that, if you consent, we can send you news about those services. We also use cookies to measure traffic and engagement patterns, to determine which areas of our website have been visited and to measure overall, aggregate transaction patterns. We use this to research our website visitor’s habits and what they are looking for and accessing, so that we can continually improve our services, programs, content and resources. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. Our websites use Google Analytics, a service which transmits website traffic data to Google servers in the United States. Our websites and mobile applications also use the following Google Analytics Advertising Features: Remarketing and Impression Reporting; Demographics and Interest Reporting.; and Government (Commonwealth, State, Territory and Department) reporting. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage in order to improve our services, programs, content and resources. By using our websites and mobile applications, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google. We also use Site Improve to identify audience habits and behaviours so that content and User Experience-related issues can be resolved, enhancing the overall website experience for users. Our website use marketing automation tools that send communications (such as email or SMS) using a number of different services. Each service uses tracking technologies primarily to understand what subjects are interesting to you by monitoring whether your emails are opened and links are followed. This information is then used to improve the messages that are sent to you and to improve the services, programs, content and resources that are offered to you. What personal information do we collect? We collect the personal information which you provide to us. This may include your name, address, age or date of birth, telephone number, organisation, service or educational institution details, email address, communication preferences, professional learning, or the amount you have donated. In some cases, with your consent (for example, if you apply to register as a blueVoices member or volunteer), we may also collect health information about you, such as your medical history. If you order certain resources, or make a donation to us, you may also provide credit card details and other information which will allow us to process your request and make the transaction. We may also request: your preferences for receiving further information about our programs, campaigns or activities; additional types of personal information such as title, department name, company information or marketing spend; and demographic information and unique identifiers in order to provide you with a more personalised experience or to verify your passwords. The choice of how much information you provide to us is yours, but if you want to register as a member of, or have a user account on our websites, order printed or download digital resources, make a donation, or otherwise participate in our professional learning modules, programs and events, we require certain information from you in order to provide those services. Where possible, you have the option of interacting with us anonymously (for example, as a visitor of the website) or using a pseudonym if you feel more comfortable dealing with us that way. For example, if you contact us by telephone with a general question we will not ask for your full name unless we need it to answer your question. Wherever possible, we will try to collect personal information from you directly, rather than from another person or source, unless it is unreasonable or impractical to do so. If you want to share a story that includes another person’s experience of anxiety, depression or suicide in which that person will be identifiable, you must seek permission from the individual or next of kin first and let them know about our Privacy Policy. Some people may not want their experience made public. It is important to consider the impact and respect the wishes of others affected by the same story as you. How does Beyond Blue use your personal information? The personal information you provide to us may be used by us for the following purposes: to allow you to obtain access to the interactive elements of our mobile applications and websites (including the online forums, our campaign websites and all professional learning); to provide you with the information, resources or merchandise you have requested; to involve you in programs, campaigns, research, activities or other initiatives undertaken by Beyond Blue; to show your name and the amount of any donation or sponsorship you may make on our website (unless you choose a private or anonymous donation); for the marketing and research purposes of Beyond Blue, its contractors or service providers; for internal administrative purposes; respond to ‘Contact Us’ form enquiries such as the Beyond Blue Support Services or educational programs, general website feedback or assistance, or media enquiries; to update our records and keep your contact details up to date; for research, advice and information, including for bench-marking purposes; to send you emails about our programs, campaigns or activities if you have agreed to receive our emails (you will be provided with an opportunity in each email to decline to receive any further emails from us by unsubscribing – if you are a registered member of our websites, you can also edit your communication preferences via your member account); in the case of marketing automation, to improve the emails that are sent to you and to improve the personalisation, services, programs, content and resources that are offered to you; to enable like-minded organisations to contact you with information that may be of interest to you (if you have consented to this); to assess any application from you to work with us; and if you lodge a complaint or query with us, to process and respond to your complaint or query. If you access the interactive elements of our mobile applications and websites (including online forums and Be You professional learning), only your display name will be shown online. We recommend that you do not post information online that may identify you or anyone else such as your address, email address or phone number. If you do post personal information online, your personal information may be identified, recovered and displayed by internet search engines. Regardless of where in the world you reside, Beyond Blue may transfer your data to Australia and process and store it there. Other than for the purposes described above, we will not use your personal information without your prior consent. Security of your personal information We take reasonable steps to ensure the security of all information we collect, including that the information is protected from misuse and loss and from unauthorised access, modification or disclosure. For example, your personal information is maintained in a secure environment, which can be accessed only by authorised personnel. However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. In addition, we take reasonable steps to destroy or de-identify your personal information once we no longer need it or have been directly instructed by you to permanently remove or supress your personal information. Disclosure of personal information Personal information will only be disclosed to third parties in accordance with this Privacy Policy. Information may be provided to third parties where services relating to the purpose for which the personal information is collected are outsourced or you would reasonably expect us to disclose it to a third party for a particular purpose. For example, we may disclose your personal information to: ·our service providers that host our website servers; ·our delivery partners; marketing service providers; professional advisors (such as accountants, auditors and lawyers); and in the case of Be You professional learning, the funder of Be You, the Australian Government Department of Health. We may also disclose your personal information if: you have consented to the disclosure; where disclosure is necessary to prevent injury to life or health; or it is required or authorised by or under an Australian law or a court/tribunal order. We only disclose your health information for the purposes for which you gave it to us or for a directly related purpose you would reasonably expect or if you agree. We do not directly disclose personal information to recipients located overseas. Accessing and correcting personal information You may request access to your personal information collected by us, and ask that we correct that personal information. You can ask for access or correction by contacting us and we will usually respond within 30 days. If we refuse to give you access to, or correct, your personal information, we will notify you in writing setting out the reasons. Notifiable Data Breaches Scheme In the event of any unauthorised access or unauthorised disclosure or loss of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Office of the Australian Information Commissioner in accordance with the Privacy Act. Complaints about your privacy If you believe your privacy has been breached or you have a complaint about how we have handled your personal information, please contact us in writing. We will respond within a reasonable period (usually within 30 days). If you are not satisfied with our response, then you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au). Changes to this Privacy Policy This Privacy Policy may change from time to time. Any updated versions of this Privacy Policy will be posted on our websites and will be effective from the date of posting. This Policy was last updated in October 2018. Meanings References to “Beyond Blue”, "we", "us" and "our" are references to Beyond Blue Limited ACN 093 865 840. How to contact us Email: privacy@beyondblue.org.au Post: Attention: The Privacy Officer Beyond Blue GPO Box 1883 Melbourne VIC 3001 Stack Exchange Cookie Policy Updated 04 February 2021 Please read this cookie policy carefully as it contains important information on who we are and how we use cookies on our website. This policy should be read together with our privacy policy which sets out how and why we collect, store, use and share personal information generally, as well as your rights in relation to your personal information and details of how to contact us and supervisory authorities if you have a complaint. Who we are? This website is operated by the Stack Exchange Network (also referred to herein as “Stack Overflow”, “Stack Exchange”, or “Network”). Stack Overflow is a set of related Internet sites and other applications for questions and answers, owned and operated by Stack Exchange, Inc. (“Stack Overflow”, “we” or “us”), a Delaware corporation. Our website This cookie policy only relates to your use of our websites, apps and services listed below: askubuntu.com, mathoverflow.net, serverfault.com, stackapps.com, stackexchange.com, stackoverflow.com, stackoverflow.blog, stackoverflowsolutions.com, superuser.com. Throughout our websites we may link to other websites owned and operated by certain trusted third parties to service advertisements or provide analytical services. These other third party websites may also use cookies or similar technologies in accordance with their own separate policies. For privacy information relating to these other third party websites, please consult their policies as appropriate. Cookies A cookie is a small text file that our sites store on your computer or mobile device when you visit our websites. Our websites, apps and other services (“Sites”), send this data to your browser when you first request a web page and then store the data on your computer or other device so the website or app can access, store or collect information from your device when you first request a web page. Browsers support cookies and similar technologies (such as local storage and pixels) so that our websites can remember information about your visit and can use the information to improve your experience and to create aggregated anonymized statistics about usage of the site. In this Policy, we use the term “cookie” to refer both to cookies and similar technologies. Cookies may be set by the site you are visiting (“first-party cookies”) or by a third party, such as those who provide analytics or advertising services or interactive content on the site (“third-party cookies”). In addition to using cookies on our sites, we may also serve our cookies (specifically, our advertising pixel) on third-party sites operated by our advertisers who use our advertising platform. If you use the Stack Overflow Network, both Stack Overflow and third parties will use cookies to track and monitor some of your activities on and off the Stack Overflow Network, and store and access some data about you, your browsing history, and your usage of the Stack Overflow Network. Third Party Cookies Our third party partners and other organizations that sponsor pages on Stack Overflow may use cookies or other technologies to learn more about your interest in their products and services and in some cases to tailor such products and services to you. Third-Party Cookies: Our services also include cookies from third parties that we partner with or which provide services us. These include third party companies that work with us or with advertisers who advertise on the Stack Exchange Network in order to help target ads or measure the results of an advertising campaign. For further information on cookies generally, including how to control and manage them, visit the guidance on cookies published by the UK Information Commissioner’s Office, https://www.aboutcookies.org or https://www.allaboutcookies.org. Categories of cookies Strictly Necessary These cookies are necessary for our website to function properly and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms or where they’re essential to provide you with a service you have requested. You cannot opt-out of these cookies. You can set your browser to block or alert you about these cookies, but if you do, some parts of the site will not then work. These cookies do not store any personally identifiable information. 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SafeScript Privacy Policy [not available at time of entry (24 Apr 2021)] SafeScript Terms and Conditions [not available at time of entry (24 Apr 2021)] PayPal Privacy Statement Effective Date: 24 July 2020 This version: 20-2 Previous version: 120-1 print Jump to section: Overview What Personal Data Do We Collect? Why Do We Retain Personal Data? How Do We Process Personal Data? Do We Share Personal Data? How Do We Work with Other Services and Platforms? How Do We Use Cookies and Tracking Technologies? What Privacy Choices Are Available To You? How Do We Protect Your Personal Data? Can Children Use Our Services? What Else Should You Know? Contact Us Definitions Additional Information Overview PayPal has developed this Privacy Statement to explain how we may collect, retain, process, share and transfer your Personal Data when you visit our Sites or use our Services. This Privacy Statement applies to your Personal Data when you visit Sites or use Services, and does not apply to online websites or services that we do not own or control, including websites or services of other PayPal Users. This Privacy Statement is designed to help you obtain information about our privacy practices and to help you understand your privacy choices when you use our Sites and Services. Please note that our Service offerings may vary by region. We have defined some terms that we use throughout the Privacy Statement . You can find the meaning of a capitalized term in the Definitions section. Please contact us if you have questions about our privacy practices that are not addressed in this Privacy Statement. Back to top What Personal Data Do We Collect? The primary purpose for collecting your Personal Data is to provide you with a secure, smooth, efficient, and customised experience. We may collect information about you when you visit our Sites or use our Services, including the following: Registration and use information – When you register to use our Services by establishing an Account, we will collect Personal Data as necessary to offer and fulfill the Services you request. Depending on the Services you choose, we may require you to provide us with your name, postal address, telephone number, email address and identification information to establish an Account. We may require you to provide us with additional Personal Data as you use our Services. Transaction and experience information – When you use our Services or access our Sites, for example, to make purchases from merchants, to receive money, to process payments, or to send money to friends and family, we collect information about the transaction, as well as other information associated with the transaction such as amount sent or requested, amount paid for products or services, merchant information, including information about any funding instruments used to complete the transaction, Device Information, Technical Usage Data, and Geolocation Information. Participant information – When you use our Services or access our Sites, we collect Personal Data you provide us about the other participants associated with the transaction. Send or request money: When you send or request money through the Services, we collect Personal Data such as name, postal address, telephone number, and financial account information about the participant who is receiving money from you or sending money to you. The extent of Personal Data required about a participant may vary depending on the Services you are using to send or request money. Pay or request someone else to pay a bill: If you use our Services to pay a bill for the benefit of someone else, or if you request a User to pay a bill for you, we collect Personal Data from you about the account holder such as name, postal address, telephone number, email address, and account number of the bill that you intend to pay or request to be paid. Add value to your accounts: If you use our Services to add value to your Account or any other account you may have, or if you ask a User to add value to any of these accounts, we may collect Personal Data from you about the other party, or from the other party about you to facilitate the request. For example, if you use our Services to reload a mobile phone, or to request value be added to your mobile account, we may collect Personal Data and other information including mobile account number from the other participant. Information about your public profile and your friends and contacts – It may be easier for us to help you transact with your friends and contacts if you choose to connect your contact list information with your Account or if your Account profile is publicly available. If you establish an account connection between your device or a social media platform and your Account, we will use your contact list information (such as name, address, email address) to improve your experience when you use the Services. When your Account profile is public, other users can find your profile to send you money by searching for you by name, username, email, or mobile number on PayPal and confirm it’s you by viewing your photo. You can make your Account profile private anytime in your PayPal.me settings. Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Statement . Personal Data about you if you use unbranded Services – certain Services are available without being required to log in to or establish an Account. We will collect Personal Data when you are interacting with and making payments to merchants using our card payment services that do not carry the PayPal brand and when you checkout with PayPal without logging into an account. For our unbranded payment services, your interaction is with the merchant, on their platform. If you are an Account holder, or create an Account at a later date, we may collect information about unbranded transactions and associate them with your Account to improve your customer experience as an Account holder and for compliance and analytics purposes. If you are not an Account holder, we will collect and store all information you provide and use such information in accordance with this Privacy Statement. Information about you from third-party sources – We obtain information from third-party sources such as merchants, data providers, and credit bureaus, where permitted by law. Other information we collect related to your use of our Sites or Services – We may collect additional information from or about you when you communicate with us, contact our customer support teams or respond to a survey. Back to top Why Do We Retain Personal Data? We retain Personal Data to fulfill our legal or regulatory obligations and for our business purposes. We may retain Personal Data for longer periods than required by law if it is in our legitimate business interests and not prohibited by law. If your Account is closed, we may take steps to mask Personal Data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such Personal Data in accordance with this Privacy Statement. Back to top How Do We Process Personal Data? We may Process your information for the following reasons: To operate the Sites and provide the Services, including to: execute a payment, send or request money, add value to an account, or pay a bill; confirm your identity; authenticate your access to an Account; communicate with you about your Account, the Sites, the Services, or PayPal; create an account connection between your Account and a third-party account or platform; perform creditworthiness and other financial standing checks, evaluate applications, and compare information for accuracy and verification purposes; and keep your Account and financial information up to date. To manage our business needs, such as monitoring, analyzing, and improving the Services and the Sites’ performance and functionality. For example, we analyze User behavior and perform research about the way you use our Services. To manage risk and protect the Sites, the Services and you from fraud by verifying your identity. PayPal’s risk and fraud tools use Personal Data, Device Information, Technical Usage Data and Geolocation Information from our sites and websites that offer PayPal Services to help detect and prevent fraud and abuse of the Services. To market to you about PayPal products and Services and the products and services of unaffiliated businesses. We may also Process your Personal Data to tailor the marketing content and certain Services or Site experiences to better match your interests on PayPal and other third-party websites. To provide personalized Services offered by PayPal on third-party websites and online services. We may use your Personal Data and other information collected in accordance with this Privacy Statement to provide a targeted display, feature, Services or offer to you on third-party websites. We may use cookies and other tracking technologies to provide these online services and/or work with other third-parties such as merchants, advertising or analytics companies to provide these online services. To provide you with location-specific options, functionality or offers if you elect to share your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide you with location-based Services, such as advertising, search results, and other personalized content. To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations. To make it easier for you to find and connect with others. For instance, if you let us access your contacts or when your Account profile is public, we can suggest connections with people you may know and help others connect with you to send you money by letting them find your profile when they search for you by name, username, email, or mobile number on PayPal. We may also associate information that we learn about you through your and your contacts’ use of the Services, and information you and others provide, to suggest people you may know or may want to transact with through our Services. Social functionality and features designed to simplify your use of the Services with others vary by Service. To respond to your requests, for example to contact you about a question you submitted to our customer service team. Back to top Do We Share Personal Data? We may share your Personal Data or other information about you with others in a variety of ways as described in this section of the Privacy Statement. We may share your Personal Data or other information for the following reasons: With other members of the PayPal corporate family: We may share your Personal Data with members of the PayPal family of entities to, among other things, provide the Services you have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of PayPal products, Services, and communications. With other companies that provide services to us: We may share Personal Data with third-party service providers that perform services and functions at our direction and on our behalf. These third-party service providers may, for example, provide you with Services, verify your identity, assist in processing transactions, send you advertisements for our products and Services, or provide customer support. With other financial institutions that we have partnered with to jointly create and offer a product or service: We may share Personal Data with other financial institutions that we have partnered with to jointly create and offer a product. These financial institutions may only use this information to market and offer PayPal-related products, unless you have given consent for other uses. We may also share Personal Data to process transactions, provide you with benefits associated with your eligible cards, and keep your financial information up to date. With the other parties to transactions when you use the Services, such as other Users, merchants, and their service providers: We may share information about you and your Account with the other parties involved in processing your transactions. This includes other Users you are sending or receiving funds from, and merchants and their service providers. The information might include: Personal Data and Account information necessary to facilitate the transaction; information to help other participant(s) resolve disputes and detect and prevent fraud; and aggregated data and performance analytics to help merchants better understand Users and to help merchants enhance Users’ experiences. With other third parties for our business purposes or as permitted or required by law: We may share information about you with other parties for PayPal’s business purposes or as permitted or required by law, including: if we need to do so to comply with a law, legal process or regulations; to law enforcement authorities or other government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to PayPal or PayPal’s corporate family; if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity; to protect the vital interests of a person; to investigate violations of or enforce a user agreement or other legal terms applicable to any Service; to protect our property, Services and legal rights; to facilitate a purchase or sale of all or part of PayPal’s business; in connection with shipping and related services for purchases made using a Service; to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners, strategic ventures, or other individuals and merchants, such as eBay, Inc.; to banking partners as required by card association rules for inclusion on their list of terminated merchants; to credit reporting and collection agencies; to companies that we plan to merge with or be acquired by; and to support our audit, compliance, and corporate governance functions. With your consent: We also will share your Personal Data and other information with your consent or direction, including if you authorize an account connection with a third-party account or platform. In addition, PayPal may provide aggregated statistical data to third-parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services. This data will not personally identify you or provide information about your use of the Sites or Services. We do not share your Personal Data with third parties for their marketing purposes without your consent. Back to top How Do We Work with Other Services and Platforms? A significant benefit and innovation of PayPal’s Services is that you can connect your Account with a third-party account or platform. For the purposes of this Privacy Statement, an “account connection” with such a third-party is a connection you authorize or enable between your Account and a non-PayPal account, payment instrument, or platform that you lawfully control or own. When you authorize such a connection, PayPal and the third-party will exchange your Personal Data and other information directly. Examples of account connections include: linking your Account to a social media account or social messaging service; connecting your Account to a third-party data aggregation or financial services company, if you provide such company with your Account log-in credentials; or using your Account to make payments to a merchant or allowing a merchant to charge your Account. If you choose to create an account connection, we may receive information from the third-party about you and your use of the third-party’s service. For example, if you connect your Account to a social media account, we will receive Personal Data from the social media provider via the account connection. If you connect your Account to other financial accounts, directly or through a third-party service provider, we may have access to your account balance and transactional information, such as purchases and funds transfers. We will use all such information that we receive from a third-party via an account connection in a manner consistent with this Privacy Statement. Information that we share with a third-party based on an account connection will be used and disclosed in accordance with the third-party’s privacy practices. Before authorizing an account connection, you should review the privacy notice of any third-party that will gain access to your Personal Data as part of the account connection. For example, Personal Data that PayPal shares with a third-party account or platform such as a social media account may in turn be shared with certain other parties, including the general public, depending on the account’s or platform’s privacy practices. Back to top How Do We Use Cookies and Tracking Technologies? When you visit our Sites, use our Services, or visit a third-party website for which we provide online Services, we and our business partners and vendors may use cookies and other tracking technologies (collectively, “Cookies”) to recognize you as a User and to customize your online experiences, the Services you use, and other online content and advertising; measure the effectiveness of promotions and perform analytics; and to mitigate risk, prevent potential fraud, and promote trust and safety across our Sites and Services. Certain aspects and features of our Services and Sites are only available through the use of Cookies, so if you choose to disable or decline Cookies, your use of the Sites and Services may be limited or not possible. Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not respond to DNT signals. Please review our Statement on Cookies and Tracking Technologies to learn more about how we use Cookies. Back to top What Privacy Choices Are Available To You? You have choices when it comes to the privacy practices and communications described in this Privacy Statement. Many of your choices may be explained at the time you sign up for or use a Service or in the context of your use of a Site. You may be provided with instructions and prompts within the experiences as you navigate the Services. Choices Relating to the Personal Data We Collect Personal Data. You may decline to provide Personal Data when it is requested by PayPal, but certain Services or all of the Services may be unavailable to you. Location and other device-level information. The device you use to access the Sites or Services may collect information about you, including Geolocation Information and User usage data that PayPal may then collect and use. For information about your ability to restrict the collection and use of such information, please use the settings available in the device. Choices Relating to Our Use of Your Personal Data Online Tracking and Interest-Based Advertising. We work with partners and third-party service providers to serve you advertising using ad-related cookies and web beacons. You can opt-out of third-party advertising-related cookies and web beacons, in which case our advertising should not be targeted to you. You will continue to see our advertising on third party websites. For more information on third-party advertising-related cookies and interest-based advertising, and to learn how to opt-out of these practices with companies participating in industry self-regulation, please visit Your Ad Choices. Personalized Services offered by PayPal on third-party websites and services. You may manage your preferences for other PayPal Services that are personalized and offered to you on third-party websites from your Account. We may also provide you with instructions and prompts on how to manage your preferences within the Service experience. Finding and connecting with others. If available, you may manage your preferences for finding and connecting with others from your account of the Service you use. Choices Relating to Account Connections If you authorize an account connection to a third-party account or platform, such as a social media account, you may be able to manage your connection preferences from your Account or the third-party account or platform. Please refer to the privacy notice that governs the third-party platform for more information on the choices you may have. Choices Relating to Cookies You may have options available to manage your cookies preferences. For example, your browser or internet device may allow you delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options, but doing so may prevent you from using many of the core features and functions available on a Service or Site. You may have an option regarding the use of cookies and other tracking technologies when you use a Service or visit parts of a Site. For example, you may be asked if you want the Service or Site to “remember” certain things about you, and we will use cookies and other tracking technologies to the extent that you permit them. You can learn more about our cookies and tracking technologies by visiting the Statement on Cookies and Tracking Technologies page. Choices Relating to Your Registration and Account Information If you have an Account, you generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact us if you do not have an Account or if you have questions about your Account information or other Personal Data. Choices Relating to Communication Notices, Alerts and Updates from Us: Marketing: We may send you marketing content about our Sites, Services, products, products we jointly offer with financial institutions, as well as the products and services of unaffiliated third parties and members of the PayPal corporate family through various communication channels, for example, email, text, pop-ups, push notifications, and messaging applications. You may opt out of these marketing communications by following the instructions in the communications you receive. If you have an Account with us, you may also adjust your communication preferences in your Account settings. For messages sent via push notifications, you may manage your preferences in your device. Informational and Other: We will send communications to you that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that you request from us. You may not opt out of receiving these communications. However, you may be able to adjust the media and format through which you receive these notices. Back to top How Do We Protect Your Personal Data? We maintain technical, physical, and administrative security measures designed to provide reasonable protection for your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. While we are dedicated to securing our systems and Services, you are responsible for securing and maintaining the privacy of your password(s) and Account/profile registration information and verifying that the Personal Data we maintain about you is accurate and current. We are not responsible for protecting any Personal Data that we share with a third-party based on an account connection that you have authorized. Back to top Can Children Use Our Services? The Sites and Services are not directed to children under the age of 13. We do not knowingly collect information, including Personal Data, from children or other individuals who are not legally able to use our Sites and Services. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 13, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of 13. Back to top What Else Should You Know? Changes to This Privacy Statement. We may revise this Privacy Statement from time to time to reflect changes to our business, the Sites or Services, or applicable laws. The revised Privacy Statement will be effective as of the published effective date. If the revised version includes a substantial change, we will provide you with 30 days prior notice by posting notice of the change on the “Policy Update” page of our website. We also may notify Users of the change using email or other means. Transfers of Your Personal Data to Other Countries Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and our third-party service providers store and Process your Personal Data in the United States of America and elsewhere in the world. We will protect your information as described in this Privacy Statement if your Personal Data is transferred to other countries. By using our Sites and Services, you consent to your Personal Data being transferred to other countries, including countries that have different data protection rules than your country. We do not represent that our Sites and Services are appropriate or available in any particular jurisdiction. Back to top Contact Us You may contact us if you have general questions about our Privacy Statement and practices or questions about your Account information or Personal Data. We want to make sure your questions go to the right place: Click here to contact us about your PayPal account or transaction, or a card payment made to a merchant. Alternatively, you can contact us at: Email: auexecutiveescalations@paypal.com Mail: Privacy Officer PayPal Australia GPO Box 351 Sydney NSW 2001 Handling your complaints We aim to: Acknowledge receipt of all complaints within 5 business days. Resolve all complaints within 45 days. This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint. We are a member of the Australian Financial Complaints Authority (“AFCA”), an independent external dispute resolution scheme covering applicable Australian customers. For more information on AFCA, please visit www.afca.org.au. If you are not satisfied with the outcome of your complaint, you may wish to contact the AFCA on: Phone: 1800 931 678 Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001 You may also contact the Office of the Australian Information Commissioner (“OAIC”) in relation to the handling of your personal information. You may contact OAIC on: Phone: 1300 363 992 Mail: Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 Back to top Definitions Account means a PayPal member account. Device Information means data that can be automatically collected from any device used to access the Sites or Services. Such information may include, but is not limited to, your device type; your device’s network connections; your device’s name; your device’s IP address; information about your device’s web browser and the internet connection being used to access the Site or Services; Geolocation Information; information about apps downloaded to your device; and biometric data (e.g., Touch ID/Fingerprint to verify your identity). Geolocation Information means information that identifies with reasonable specificity your location by using, for instance, longitude and latitude coordinates obtained through GPS, Wi-Fi, or cell site triangulation. Some of our Services may ask you for permission to share your current location. Some of the Sites and Services require this information to provide a specific product or online Service. If you do not agree to our collection of the geolocation information, our Sites or Services may not function properly when you try to use them. PayPal means PayPal Australia Pty Ltd ABN 93 111 195 389, AFSL 304962 and subsidiaries or affiliates. In this Privacy Statement, PayPal is sometimes referred to as “we,” “us,” or “our,” depending on the context. Personal Data means information that can be associated with an identified or identifiable person. “Personal Data” can include name, postal address (including billing and shipping addresses), telephone number, email address, payment card number, other financial account information, account number, date of birth, and government-issued credentials (e.g., driver’s licence number, national ID, or passport). Process means any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, disseminating or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data. Services means any products, services, content, features, technologies, or functions, and all related websites, applications and services offered to you by PayPal. Sites means the websites, mobile apps, official social media platforms, or other online properties through which PayPal offers the Services and which has posted or linked to this Privacy Statement. Technical Usage Data means information we collect from your phone, computer or other device that you use to access the Sites or Services. Technical Usage Data tells us how you use the Sites and Services, such as what you have searched for and viewed on the Sites and the way you use our Services, including your IP address, statistics regarding how pages are loaded or viewed, the websites you visited before coming to the Sites and other usage and browsing information collected through Cookies. User means an individual who uses the Services or accesses the Sites. Back to top Additional Information The information provided in this section may be specific to customers depending on your region or how you use the Services. This information is provided to PayPal from third parties you may interact with when using the Services. Google ReCaptcha PayPal uses ReCaptcha on the Sites and Services. Your use of ReCaptcha is subject to the Google Privacy Policy and Terms of Use. ReCaptcha is only used to fight spam and abuse. PayPal Combined Financial Services Guide and Product Disclosure Statement This Version: 21-1 Previous Version: 20-3 Last Update: 1 January 2021 Print Jump to section: INTRODUCTION Part 1: FINANCIAL SERVICES GUIDE (FSG) 1. Issuer 2. Purpose of this FSG 3. How to contact us 4. Financial services we are authorised to provide 5. Remuneration, commissions and other benefits 6. Associations 7. Complaints and disputes PART 2: PRODUCT DISCLOSURE STATEMENT (PDS) 8. Issuer 9. About this PDS 10. Our Services 11. Terms and conditions 12. Responsibility for taxes 13. Opening a PayPal account 14. Types of accounts 15. How PayPal manages the funds in your PayPal balance 16. Key risks 17. Key benefits 18. Fees and charges 19. Fee calculation examples 20. Confirming our customers’ identities under the Anti-Money Laundering and Counter-Terrorism Financing laws 21. Verifying your Payment Method and transaction limits 22. Third party Card fees 23. Complaints and contacting us 24. Other related documents PART 3: Definitions INTRODUCTION Our legal relationship with customers is governed by our User Agreement. Our Financial Services Guide (FSG) is designed to help you decide whether to use our services. Our Product Disclosure Statement (PDS) contains information to help you make an informed choice about whether or not to register for and use our services. Information relevant to both the FSG and PDS may be included expressly in one part and incorporated by reference in the other. Back to top Part 1: FINANCIAL SERVICES GUIDE (FSG) 1. Issuer 1.1 Part 1 of this document is an FSG provided by PayPal Australia Pty Limited ABN 93 111 195 389 which holds Australian financial services licence number 304962. Back to top 2. Purpose of this FSG 2.1 This FSG contains information about: The services we provide; Remuneration, commission or other benefits paid to us and others in connection with the services we provide; Details of any associations which might reasonably be expected to be able to influence the services we provide; and Our complaint resolution arrangements and how you can access them. 2.2 This FSG contains only general information about the services we offer. Back to top 3. How to contact us 3.1 Our contact details are as follows: Email: Visit our Help Centre. Phone: 1800 073 263 (within Australia) or +61 2 8223 9500 Support Hours are available on our Contact Us page Mail: PayPal Australia GPO Box 351 Sydney NSW 2001 Back to top 4. Financial services we are authorised to provide 4.1 PayPal is authorised to: Provide general financial product advice for non-cash payment products; and Issue, apply for, acquire, vary or dispose of non-cash payment products. 4.2 We are only authorised to provide general advice so you should be aware that any advice (including any statement of opinion or recommendation) we may give about our services does not take into account your objectives, financial situation or needs. You should consider the appropriateness of our services in regard to your objectives, financial situation and needs before you act on any advice we provide. Back to top 5. Remuneration, commissions and other benefits PayPal 5.1 PayPal earns money from any fees you pay us under clause 18 of the PDS. 5.2 PayPal also earns money when it converts currency. 5.3 PayPal earns interest on the money we hold in a bank account which reflects your PayPal balance. PayPal staff 5.4 Our staff and the staff of our Related Bodies Corporate receive a salary plus superannuation where applicable. They may also be eligible for monetary and non-monetary awards or additional incentive payments, including bonuses and shares. 5.5 The way we pay our staff and the amount we pay them varies depending on each individual staff member’s business area and position at PayPal. 5.6 Some staff in the PayPal sales team earn a base salary and variable pay, calculated as a percentage or multiple of their base salary, if they (or their team) meet business and service targets (as applicable). Third parties 5.7 If a customer is referred to us, we may: pay the referrer a fee calculated as a percentage of the total payment volume generated by the customer; pay the referrer a fixed amount for each referred customer; or provide the referrer monetary or non-monetary incentives based on various measures. Non-monetary incentives may include entertainment vouchers or other benefits that we choose to offer from time to time. 5.8 You can request more information about certain relevant remuneration payments referred to above before we provide our services to you. Back to top 6. Associations 6.1 PayPal is part of the PayPal Holdings Inc. group of companies. Back to top 7. Complaints and disputes 7.1 We are committed to dealing with customer complaints fairly and resolving issues in accordance with our complaints handling processes, policies and relevant regulatory standards. 7.2 We are exempt from the requirement to: hold professional indemnity insurance; and put compensation arrangements in place. 7.3 The Australian Securities and Investments Commission has a free Infoline on 1300 300 630 for obtaining information about your rights or making a complaint. Submitting a complaint or dispute 7.4 If you have a dispute with a PayPal seller, you should file a dispute through the Resolution Centre by logging in to your PayPal account. 7.5 If you have a complaint about our services or believe your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately. 7.6 You can report complaints about our services by: For PayPal accounts Email: auexecutiveescalations@paypal.com Phone: 1800 073 263 (within Australia) or +61 2 8223 9500 Support Hours are available on our Contact Us page Mail: Customer Advocacy Manager PayPal Australia GPO Box 351 Sydney NSW 2001 Handling your complaints 7.7 We aim to: Acknowledge receipt of all complaints within 5 business days. Resolve all complaints within 45 days. This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint. 7.8 If a complaint relates to the limiting of a PayPal account, we may request additional documentation from you. For more information, please refer to the “Restricted Activities and Holds” section of our User Agreement. Referral of unresolved complaints to external dispute resolution scheme 7.9 We are a member of the Australian Financial Complaints Authority (“AFCA”), an independent external dispute resolution scheme covering applicable Australian customers. For more information on AFCA, please visit www.afca.org.au. 7.10 If you are not satisfied with our resolution or handling of your complaint you may wish to contact AFCA by: Phone: 1800 931 678 Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001 Back to top PART 2: PRODUCT DISCLOSURE STATEMENT (PDS) 8. Issuer 8.1 Part 2 of this document is a PDS prepared by PayPal Australia Pty Limited ABN 93 111 195 389 which holds Australian financial services licence number 304962. 8.2 We are licensed by the Australian Prudential Regulation Authority as an authorised deposit-taking institution that provides purchased payment facilities. 8.3 We are a reporting entity to AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act. Back to top 9. About this PDS 9.1 This PDS applies to: your Australian PayPal account; and any other use of PayPal in Australia. 9.2 The information in this PDS is current as at the last update. Information about changes may be found on our Policy Updates page. We will mail you a paper copy of any changes free of charge on request. 9.3 The information in this PDS is not intended to constitute general advice about any financial product other than the financial products to which this PDS relates, nor is it personal advice or a recommendation or opinion that our services are suitable for or take into account your specific objectives, financial situation or needs. Back to top 10. Our Services 10.1 Our services allow you to securely and conveniently send and receive money for goods or services and between friends and family. To find out more about our services, visit www.paypal.com. 10.2 When you register to use the PayPal services, we will open a PayPal account in your personal name or business name. 10.3 The PayPal services allow you to: Make a payment Pay anyone, anywhere, with just an email address or mobile phone number. Send payments for Commercial Transactions or Personal Transactions. Payment will be made on your terms. Funds will be debited from your PayPal account balance, linked bank account or card. We’ll send the funds to your recipient while protecting your financial information. Request and receive payments Request and receive payments instantly from anyone with just their email address or mobile phone number. Invoice a buyer or request funds for a Personal Transaction. When you request a payment, we’ll send the buyer or nominated individual an invoice or notification. We’ll let you know when you’ve been paid and the funds will appear in your account. Withdraw money If you have funds in your account, you may withdraw them to the linked bank account you hold with a financial institution in Australia or the United States of America. If you have funds in your account that are held in a foreign currency, they’ll usually be converted to Australian Dollars prior to withdrawal. 10.4 In consideration for your use of the PayPal services, you irrevocably transfer and assign to us the right to earn interest that may accrue on funds held by us. This applies only to interest earned on your funds and does not grant us any ownership right to the principal of the funds you hold with us, subject to the PayPal User Agreement. Back to top 11. Terms and conditions 11.1 If you sign up to use PayPal, this PDS, the PayPal User Agreement and your completion of our online registration form constitute your agreement with us. 11.2 The PayPal User Agreement (and its incorporated policies) is available online at www.paypal.com by clicking Legal at the bottom of any page. Back to top 12. Responsibility for taxes 12.1 You are responsible for collecting, reporting and paying any taxes that may arise from your use of our services. You agree to comply with applicable tax laws in connection with your use of our services. 12.2 Unless otherwise expressly set out in this PDS, our fees are GST exempt. Back to top 13. Opening an account with us 13.1 You can sign up for a PayPal account at www.paypal.com by clicking Sign Up and completing the online registration form. 13.2 Your PayPal account will become active after you have validly completed the registration form. You may be subject to certain payment or transfer limits until you complete further verification processes. 13.3 You may also be required to seek pre-approval for using PayPal if your account falls within a category listed in our Acceptable Use Policy. Back to top 14. Types of accounts 14.1. There are 3 types of PayPal accounts as shown below. Premier accounts cannot be opened from 27 October 2017. Personal account Premier account Business account For buyers and casual online sellers. Buy online and in person. Sell online. Send and receive money for Personal Transactions. Upgrade to a sole trader business account at any time. For buyers and casual sellers. Buy and sell online and in person. Send and receive money for Personal Transactions. Upgrade to a sole trader business account at any time. For businesses, including sole traders. Buy and sell online and in person. Hold under a corporate or group name. Set different access rights for employees and representatives. Back to top 15. How PayPal manages the funds in your PayPal balance 15.1 Any funds held in your PayPal account will be pooled with money from accounts of other customers and deposited with a licensed bank in Australia. This does not affect your right to withdraw funds from your PayPal account. 15.2 If there is a positive balance in your account and you have not transacted in the period prescribed under the Banking Act 1959 (Cth), your funds will be subject to the unclaimed monies laws. Back to top 16. Key risks 16.1 Unauthorised transactions: There is a risk your account or a transaction may be compromised and subject to a takeover, interception, or other type of fraudulent or unauthorised activity. Your liability for unauthorised transactions You are responsible for losses arising from an unauthorised transaction where we can prove, on the balance of probability, that you contributed to a loss through fraud or breaching our password and PIN security requirements. You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password or PIN security is reported to us. 16.2 Recovering owed funds: There is a risk you may: not receive your payment where you owe any amount to us, our Related Bodies Corporate or eBay; or incur bank fees if your payment method has insufficient funds to complete your payment with us. Recovering owed funds When you receive a payment through our services, usually we have not yet received payment in full from the buyer. From the time that you receive the payment, you will owe us an amount equivalent to the amount of the transaction (including any applicable fees imposed on us), and that liability will be cancelled only when we receive irrevocable payment in full. Events that could lead to us not receiving payment in full include: The funds received being later invalidated for any reason; The funds received being subject to a chargeback (determined by the sender’s card issuer – we are bound to follow their instructions); A reversal occurring (for example, because the transaction was unauthorised); Our determination under the PayPal Buyer Protection Policy or payment review (the process by which we review potentially high-risk transactions) that the funds received should be returned or reversed; or You having received payment from a PayPal account holder in another country and we determine under the PayPal Buyer Protection Policy of that country that the funds received should be returned or reversed. If you owe any amount to us, our Related Bodies Corporate or eBay you agree to allow the recovery of these amounts by debiting your account or a linked payment method promptly if we reasonably believe that payment will not be received in full for any reason. If there are insufficient funds in your PayPal account to cover any amount you owe us, our Related Bodies Corporate or eBay, the amount becomes immediately due and payable by you and you authorise us to satisfy any of these debts by: Debiting your PayPal account at a later date; Debiting a linked payment method; Setting off the credit balance of any account you have with us or any monetary liability we owe you in and towards satisfaction of your debt; or Any other legal means. 16.3 Holds on funds, account limitation and account closure: Your PayPal account and funds in it may be subject to a hold, release amount, reserve, limitation or closure for a variety of reasons, including: If your account is associated with another PayPal account, an account you hold with eBay, or an account connected with any other service you receive from us which has been limited, is not in good standing or poses a risk to the integrity, security or reliability of us or our systems; If we believe your personal account is being used in connection with a business we may suspend it or require you to upgrade to a business account; If a transaction is subject to a payment review; Our requirements to prove your identity in accordance with Anti-Money Laundering and Counter-Terrorism Financing laws (“AML laws”); Suspected fraud; Sudden changes in the amount or number of transactions; We need to ensure the integrity of a transaction; We believe that there’s a risk associated with you or your account; You receive a dispute, claim, chargeback or reversal in relation to any funds received into your account; You do not meet certain seller or risk standards when listing on eBay; You are a new seller and/or have a limited history with eBay; Abuse of any of our services; or Breaches of our User Agreement, Acceptable Use Policy or any other policy or agreement you have entered into with us relating to any of our services. 16.4 Matters we consider: Before holding funds or limiting your PayPal account, we consider: Information we collect when you create your account; Publicly available information; Your selling activity; Information we receive from related third parties; Whether the funds are related to an irregular or unusual transaction; and Other related information. The more you use your account, the more we know about your activity. As such, our risk assessment may change and we may increase or decrease the amount of funds we hold based on that changed assessment. 16.5 How long do we hold funds? Transaction holds and release amounts Except in the case of a reserve or account limitation, funds are usually held for 21 days. Funds may be held for longer than 21 days if: We believe that the increased risk associated with you or your account remains after 21 days; If you are a seller. we expect the delivery time of your goods or services to be longer than 21 days; You receive a dispute, claim, chargeback or reversal relating to the transaction subject to the hold; and/or We have taken another action permitted under the PayPal User Agreement. We may release a hold earlier than 21 days where we reasonably believe that the relevant transaction has completed successfully. Funds held for buyer disputes may not be released until we consider the issue resolved. Reserves and limitations If funds you receive are subject to a reserve, we will notify you how long funds will be held for at the time of setting the reserve. If access to funds is restricted because your account has been limited, you will usually gain access to those funds after the limitation has been lifted. 16.6 More information about holding funds, account limitations and closures: Payment Review Transactions may be subject to payment review. Funds under payment review will be subject to a hold and we will ask the seller to delay the shipping of the item. Once we have reviewed the transaction, we will either complete or reverse the payment. If the payment is completed, we will provide notice to the seller. Otherwise, the funds will be returned to the buyer. Transactions that complete payment review may still be reversed under the terms of the PayPal User Agreement. Release amounts If you are a seller, we may limit the amount you can withdraw or use from your PayPal balance to help protect us and our users from the risk of financial or other loss. The amount of your PayPal balance that will be available for withdrawal or use is called a “release amount”. We will notify you of the terms of any release amount we apply to your account. You may request an increase to your release amount once every 30 days. Reserves We may place a reserve on funds held in your account at any time where we reasonably believe there may be a higher than acceptable level of risk associated with you, your PayPal account, your business model, or your transactions. The reserve helps protect us and our users from the risk of financial or other loss. See the PayPal User Agreement for more information on reserves. Restoring access to a limited account If we limit access to your account, we will investigate and attempt to resolve the issue. You may be required to provide information to us as part of our investigation. If the investigation is resolved in your favour, we will restore access to your account. Restoring access to your account may take time and until it is restored you may not be able to use it to send, receive or withdraw funds. Please refer to the “Closing Your PayPal Account” and “Holds, Limitations and Reserves” sections of the PayPal User Agreement for a detailed explanation of when we may limit access to or close your account. Our right to deal with held funds You authorise us to make any reversals, refunds or payments from the held funds in accordance with the PayPal User Agreement. You will not be able to access any funds subject to a hold. Held funds may be subject to a subsequent reversal, chargeback or claim, either while held or after the hold has been released. Our requirement to transfer funds If you are a judgment debtor or undischarged bankrupt, we may be required to transfer your PayPal balance to a third party to comply with a law, court order or other legal process. Fees associated with holds, limitations or closures You agree that you will pay us (and we may deduct from your account) any applicable fees if held funds are removed from your account in accordance with the PayPal User Agreement. For example, if you have selected that any funds received into your PayPal account should be automatically converted to another currency and the funds are subsequently refunded or reversed and must be returned to the sender in the original currency received, you will pay us (and we may deduct from your account) any fees relating to the currency conversion. For information about fees, please see “Fees and charges” (clause 18 below). 16.7 Unavailability of our services, delays and cancellations: Whilst we make every attempt to ensure our services are available at all times, it is possible they may be rendered temporarily unavailable from time to time. 16.8 Amounts owed to eBay: Reimbursements to eBay for determinations under an eBay buyer protection policy If eBay determines that you are required to reimburse eBay or your buyer, you authorise us to debit the amount of the reimbursement from your account or a linked payment method and to pay those amounts to eBay (“eBay Reimbursement”). You will not receive a refund for your PayPal fees. Debit process for eBay Reimbursement We will rely on information we receive from eBay for the amount of an eBay Reimbursement. You agree and authorise us to debit eBay Reimbursements from your account balance or from any payment method linked to your account if you set up your PayPal account as an automatic payment method for your eBay account, in our sole discretion. If you do not want to us to debit a payment method for eBay Reimbursements, you can cancel the billing agreement from your PayPal account settings. Please note, this may affect your ability to sell on eBay. Please contact eBay for more information. 16.9 Foreign currencies: The following risks may apply when keeping foreign currency balances in your PayPal account, or where a transaction with PayPal is made in, funded by or received in a foreign currency: Currency fluctuations There is a risk the value of any foreign currencies in your account balance will fluctuate as exchange rates change. Refunds Generally, we’ll process refunds of: online purchases and friends and family transactions to the same payment method you used for the purchase; and in-store purchases to your PayPal balance. If a payment you sent involved a currency conversion and you’re later refunded: Within 1 day of the date of the original payment, we’ll normally use the transaction exchange rate that we applied at the time of the original payment; Beyond 1 day of the date of the original payment, we’ll normally use the transaction exchange rate (including a currency conversion fee) that applies on the date of your refund; The refund will go back to your bank account or card used for the original transaction in the currency of the original transaction. If that is not possible, we will credit your PayPal balance in the currency of the original transaction; and You’ll be refunded in Australian Dollars if your PayPal account balance doesn’t support the currency of the original payment. Negative balances If you have a negative PayPal balance in non-Australian dollars for 21 days or longer, you authorise PayPal to convert it to Australian dollars. In addition, funds from payments received will first be diverted to us to make up any negative currency balance. We may also debit your selected payment method the next time you make a payment. 16.10 PayPal balance and the Financial Claims Scheme: As a provider of purchased payment facilities, PayPal is exempt from the Australian Government’s Financial Claims Scheme (FCS). As such, your PayPal balance is not protected by the FCS. Visit https://www.fcs.gov.au/ for more information. Back to top 17. Key benefits 17.1 The following are some of the key benefits available to you when using our services: Send money to people in more than 200 markets using more than 20 currencies. Make secure online payments while keeping your card or bank account number secure. No setup fee. No annual or monthly account keeping fees. Monthly fees apply when using Virtual Terminal or PayPal Payments Pro – Hosted Solution or API. No transaction fees for sending or receiving domestic Personal Transactions funded by PayPal balance or Australian bank account. PayPal is easy to use with merchants that accept PayPal. Anti-fraud measures to help protect you against fraud and unauthorised use of your account. Eligibility for the PayPal Buyer Protection and Seller Protection Policies for certain transactions. See our User Agreement for more information. Back to top 18. Fees and charges PayPal 18.1 Fees for PayPal transactions depend on whether you are making a Commercial Transaction or Personal Transaction. Fixed fees are set out in clause 18.9. Standard fees for users registered in Australia are set out below. Sending Personal Transactions 18.2 Personal Transaction fees are based on the payment method used to fund the transaction. A currency conversion may apply if sending a foreign currency. Sending in Australia If you are an Australian account holder sending money to a friend or family member with a PayPal account in Australia, you may pay a fee depending on how you pay. Payment Method Fees PayPal balance or Australian bank account Free Any portion funded by a card 2.6% of the portion funded + fixed fee based on the currency Sending Internationally If you are an Australian account holder sending money to a friend or family member with a PayPal account in a country other than Australia, the transaction fee and funding fee you pay depends on the payment method used. The fees will be displayed before you proceed with the transaction. Payment method Transaction fee that you pay: Funding fee that you pay: PayPal balance or an Australian bank account linked to your PayPal account. 5% of the send amount, but no lower than $0.99AUD, and no higher than $5.99 AUD. No funding fee. Funded by a card 5% of the send amount, but no lower than $0.99AUD, and no higher than $5.99 AUD. 2.6% of the portion funded by the card plus a fixed fee based on currency (from the table below). Sending Commercial Transactions 18.3 When no currency conversion is involved, there is no fee for sending Commercial Transactions (i.e., buying something). Receiving Commercial Transactions 18.4 Fees for receiving Commercial Transactions are taken from the total transaction amount. Type PayPal Wallet Online and Invoicing Transactions Direct Card Transactions and Other Payment Methods Virtual Terminal Commercial Transactions for $10.01 AUD and above processed through QR Code in person Commercial Transactions for $10.00 AUD and below processed through QR Code in person Domestic Transactions 2.6% + fixed fee 1.75% + fixed fee 3.6% + fixed fee 0.90% plus QR Fixed Fee 1.40% plus Micro QR Fixed Fee Cross-border Transactions 3.6% + fixed fee 3.6% + fixed fee 4.6% + fixed fee 1.90% plus QR Fixed Fee 1.4% plus Micro QR Fixed Fee The fixed fees for each currency are in clause 18.9. Receiving fees for Registered Charities and Not-For-Profit Organisations 18.5 Registered Charities and Not-For-Profit organisations may apply for the following special rates for receiving PayPal Wallet Online and Invoicing Transactions: Domestic Transactions Cross-border Transactions 1.1% + fixed fee 2.1% + fixed fee The fixed fees for each currency are in clause 18.9. PayPal Here 18.6 Fees for receiving (selling) with PayPal Here: Type Domestic Transactions Cross-border Transactions PayPal Here card reader 1.95% 1.95% Manual card key-in 2.9% + fixed fee 2.9% + fixed fee Invoice 2.6% + fixed fee 3.6% + fixed fee Micropayment pricing 18.7 If you qualify as a seller for the micropayment pricing fees as set out in our User Agreement, you will pay the lesser of the: Micropayment pricing fees shown in the table below; or Fees set out under clause 18.4 above. Domestic 5% + fixed fee Cross-border 5.5% + fixed fee 18.8 You can apply for the following micropayment fees. These fees apply to all Commercial Transactions you receive. If you have both a micropayment fees-enabled account and a standard pricing account, it is your responsibility to ensure payments are received to the appropriate account. Once a payment is received, you may not request it be processed through a different account. Domestic 5% + fixed fee Cross-border 6% + fixed fee Fixed fees 18.9 Fixed fees are based on the currency received and transaction type. Currency received Personal Transaction fixed fee Commercial Transaction fixed fee Micropayments fixed fee Commercial Transactions for $10.01 AUD and above processed through QR Code in person fixed fee (QR Fixed Fee) Commercial Transactions for $10.00 AUD and below processed through QR Code in person fixed fee (Micro QR Fixed Fee) Australian Dollar $0.30 AUD $0.30 AUD $0.05 AUD $0.10 AUD $0.05 AUD Brazilian Real 0.60 BRL 0.60 BRL 0.10 BRL 0.20 BRL 0.10 BRL Canadian Dollar $0.30 CAD $0.30 CAD $0.05 CAD $0.10 CAD $0.05 CAD Czech Koruna 10 CZK 10 CZK 1.67 CZK 3.00 CZK 1.50 CZK Danish Krone 2.60 DKK 2.60 DKK 0.43 DKK 0.70 DKK 0.35 DKK Euro €0.35 EUR €0.35 EUR €0.05 EUR €0.10 EUR €0.05 EUR Hong Kong Dollar $2.35 HKD $2.35 HKD $0.39 HKD $0.80 HKD $0.39 HKD Hungarian Forint 90 HUF 90 HUF 15 HUF 30.00 HUF 15.00 HUF Israeli Shekel 1.20 ILS 1.20 ILS 0.20 ILS 0.40 ILS 0.20 ILS Japanese Yen ¥40 JPY ¥40 JPY ¥7 JPY ¥12.00 JPY ¥6.00 JPY Malaysian Ringgit 2.0 MYR 2.0 MYR 0.2 MYR 0.70 MYR 0.20 MYR Mexican Peso $4 MXN $4 MXN $0.55 MXN $2.00 MXN $0.55 MXN New Zealand Dollar $0.45 NZD $0.45 NZD $0.08 NZD $0.15 NZD $0.08 NZD Norwegian Krone 2.80 NOK 2.80 NOK 0.47 NOK 1.00 NOK 0.47 NOK Philippine Peso 15 PHP 15 PHP 2.5 PHP 5.00 PHP 2.50 PHP Polish Zloty 1.35 PLN 1.35 PLN 0.23 PLN 0.50 PLN 0.23 PLN Russian Ruble 10 RUB 10 RUB 2 RUB 3.00 RUB 1.50 RUB Singapore Dollar $0.50 SGD $0.50 SGD $0.08 SGD $0.20 SGD $0.08 SGD Swedish Krona 3.25 SEK 3.25 SEK 0.54 SEK 1.00 SEK 0.50 SEK Swiss Franc 0.55 CHF 0.55 CHF 0.09 CHF 0.10 CHF 0.05 CHF Taiwan New Dollar 10 TWD 10 TWD 2 TWD 3.00 TWD 1.50 TWD Thai Baht 11 THB 11 THB 1.8 THB 4.00 THB 1.80 THB UK Pounds Sterling £0.20 GBP £0.20 GBP £0.05 GBP £0.10 GBP £0.05 GBP US Dollar $0.30 USD $0.30 USD $0.05 USD $0.10 USD $0.05 USD Currency conversions – PayPal accounts 18.10 If PayPal converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion fee (described below) applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior business day; or, if required by law or regulation, set at the relevant government reference rate(s). For some uses of your PayPal account, PayPal may determine currency conversion is necessary. For any of the following transactions that involve a currency conversion in connection with your PayPal account, the currency conversion fee is 4.0%: Paying for goods or services in a currency other than the currency the goods or services are listed in. Receiving a refund beyond 1 day of the original payment. Sending money to a friend or family member such that they receive a different currency from the currency you pay in. Sending money using PayPal’s Payouts or MassPay products such that your recipients receive a different currency from the currency you pay in. For all other PayPal transactions involving a currency conversion, the currency conversion fee is 3.0%. 18.11 When your payment is funded by a debit or credit card and PayPal determines a currency conversion is necessary, you consent to and authorise PayPal to convert the currency in place of your debit or credit card issuer. In most cases, you may have the right to have your card issuer perform the currency conversion, if applicable for that card issuer and network. Currency preference selections may be presented to you in various forms, including a choice of which currency is used for the transaction, whether PayPal or your card issuer performs the conversion, or which conversion rate is used for the transaction, among others, and may be made available individually for each card and for each automatic payment agreement. If your card issuer converts the currency, your card issuer will determine the currency conversion rate and what fees they may charge. 18.12 PayPal will always perform the conversion for transactions where your PayPal balance or linked bank account is the payment method. Chargeback fees 18.13 Chargeback fees are based on the currency received. Chargeback fees do not apply if the transaction is eligible for the PayPal Seller Protection Policy. Currency Chargeback fee Currency Chargeback fee Australian Dollar $15 AUD New Zealand Dollar $15 NZD Brazilian Real 20 BRL Norwegian Krone 65 NOK Canadian Dollar $15 CAD Philippine Peso 500 PHP Czech Koruna 250 CZK Polish Zloty 30 PLN Danish Krone 60 DKK Russian Ruble 320 RUB Euro €11.25 EUR Singapore Dollar $15 SGD Hong Kong Dollar $75 HKD Swedish Krona 80 SEK Hungarian Forint 2000 HUF Swiss Franc 10 CHF Israeli Shekel 40 ILS Taiwan New Dollar 330 TWD Japanese Yen ¥1,300 JPY Thai Baht 360 THB Malaysian Ringgit 40 MYR UK Pounds Sterling £7 GBP Mexican Peso $110 MXN US Dollar $10 USD Receiving eCheques 18.14 Fees for receiving eCheque payments are based on payment currency and will not exceed the cap specified below. Currency Cap Australian Dollar $50 AUD Brazilian Real 75 BRL Canadian Dollar $45 CAD Czech Koruna 850 CZK Danish Krone 250 DKK Euro €35 EUR Hong Kong Dollar $330 HKD Hungarian Forint 9250 HUF Israeli Shekel 160 ILS Japanese Yen ¥4000 JPY Malaysian Ringgit 150 MYR Mexican Peso $540 MXN New Zealand Dollar $60 NZD Norwegian Krone 270 NOK Philippine Peso 1900 PHP Polish Zloty 140 PLN Russian Ruble 1400 RUB Singapore Dollar $60 SGD Swedish Krona 320 SEK Swiss Franc 50 CHF Taiwan New Dollar 1350 TWD Thai Baht 1400 THB UK Pounds Sterling £30 GBP US Dollar $45 USD Mass Payments and Payouts 18.15 The fee for Mass Payments and Payouts is 2% of the total payment amount. A maximum payment cap per recipient applies, based on payment currency. Currency Domestic cap Cross-border cap Australian Dollar $1.25 AUD 60 AUD Brazilian Real 2 BRL 100 BRL Canadian Dollar $1.25 CAD 60 CAD Czech Koruna 24 CZK 1000 CZK Danish Krone 6 DKK 300 DKK Euro €0.85 EUR 40 EUR Hong Kong Dollar $7 HKD 400 HKD Hungarian Forint 210 HUF 15,000 HUF Israeli Shekel 4 ILS 200 ILS Japanese Yen ¥120 JPY 5000 JPY Malaysian Ringgit 4 MYR 200 MYR Mexican Peso $11 MXN 750 MXN New Zealand Dollar $1.50 NZD 75 NZD Norwegian Krone 6.75 NOK 300 NOK Philippine Peso 50 PHP 2500 PHP Polish Zloty 3 PLN 150 PLN Russian Ruble 30 RUB 1500 RUB Singapore Dollar $1.60 SGD 80 SGD Swedish Krona 9 SEK 400 SEK Swiss Franc 1.30 CHF 50 CHF Taiwan New Dollar 33 TWD 2000 TWD Thai Baht 36 THB 2000 THB UK Pounds Sterling £0.65 GBP 35 GBP US Dollar $1 USD 50 USD Commercial Transaction refund fee 18.16 If you issue a refund (partially or fully) of the Commercial Transaction payment, there are no fees to make the refund, but we will retain the full amount that you originally paid us. Your buyer’s account will be credited with the full or partial refund amount of the Commercial Transaction payment and your account will be debited with the full or partial refund amount. 18.17 The amount of the refunded payment will be deducted from your PayPal account. Other PayPal fees 18.18 In general, there is no fee to open a PayPal account. However, we may charge an expanded use fee to increase your sending limit. This fee is refunded to your PayPal balance when you successfully complete the card verification process. The expanded use fee (verifying card details) can be up to $2 AUD. 18.19 The records request fee is $10 AUD (per item). We will not charge for records requested in connection with your good faith assertion of an error in your account. 18.20 The fee for withdrawing your balance to an eligible linked debit card or bank account is 1% of the amount transferred, with a minimum and maximum fee depending on the currency withdrawn. Minimum and maximum fees by currency are listed below where available. Any conversion of your PayPal balance from one currency to another currency will attract the corresponding currency conversion fee in clause 18.10. Minimum Fee Maximum Fee United Arab Emirates Dirham 0.90 AED 36.70 AED Australian Dollar 0.25 AUD 10.00 AUD Bulgarian Lev 0.50 BGN 20.00 BGN Canadian Dollar 0.25 CAD 10.00 CAD Czech Koruna 5.70 CZK 230.00 CZK Danish Krone 1.80 DKK 70.00 DKK Euro 0.25 EUR 10.00 EUR British Pound 0.20 GBP 8.00 GBP Hong Kong Dollar 2.00 HKD 80.00 HKD Croatian Kuna 2.00 HRK 70.00 HRK Hungarian Forint 70.00 HUF 2900.00 HUF Israeli New Shekel 1.00 ILS 40.00 ILS Japanese Yen 30 JPY 1100 JPY Kuwaiti Dinar 1 KWD No max Sri Lanka Rupee 50.00 LKR 1800.00 LKR Mexican Peso 5.00 MXN 200.00 MXN Malaysian Ringgit 1.00 MYR 40.00 MYR Norwegian Kroner 1.00 NOK 40.00 NOK New Zealand Dollar 0.40 NZD 15.00 NZD Philippine Peso 10.00 PHP 500.00 PHP Polish Zloty 1.00 PLN 40.00 PLN Qatari Rial 1.00 QAR 40.00 QAR Romania New Lei 1.00 RON 40.00 RON Serbian Dinar 25.00 RSD 1000.00 RSD Russian Rouble 20.00 RUB 700.00 RUB Swedish Krona 2.50 SEK 100.00 SEK Singapore Dollar 0.50 SGD 15.00 SGD Thai Baht 8.00 THB 320.00 THB Turkish Lira 1.50 TRY 60.00 TRY US Dollar $0.25 USD $10.00USD South African Rand 3.60 ZAR 145.00 ZAR All other currencies No minimum/maximum fee 18.21 The fee for withdrawing your USD balance to your linked United States bank account is 3.0%. Any conversion of your PayPal balance from one currency to another currency will attract the corresponding currency conversion fee in clause 18.10. 18.22 The bank return fee is charged when a withdrawal attempt fails because incorrect bank account or delivery information is provided. The bank return fee is $5 AUD. 18.23 Virtual Terminal and PayPal Payments Pro – Hosted Solution and API incur a monthly fee. The monthly fee includes GST. PayPal Payments Pro - Hosted Solution or API monthly fee $25 AUD Virtual Terminal monthly fee $25 AUD PayPal Payments Pro – Hosted Solution or API AND Virtual Terminal monthly fee $25 AUD 18.24 The Security Key Card is an electronic device that creates a unique security code that you use to log in to your PayPal account. The Security Key Card and any additional keys including replacements costs $32.95 AUD each. Back to top 19. Fee calculation examples 19.1 The following examples are illustrations only. Each calculation will vary depending on the circumstances of the transaction. 19.2 Example 1 - Commercial Transaction in Australia Assuming you are receiving $100 AUD from a buyer in Australia for a Commercial Transaction under the standard rate: Standard rate: 2.6% plus $0.30 fixed fee. Calculation: 2.6% of $100 AUD = $2.60, plus $0.30. Fee payable to us by the seller: $2.90 AUD. 19.3 Example 2 - Commercial Transaction when the buyer is outside Australia Assuming you are receiving $100 AUD from a buyer outside of Australia for a Commercial Transaction under the standard rate: Standard rate (Cross-border Transaction): 3.6% plus $0.30 fixed fee. Calculation: 3.6% of $100 AUD = $3.60, plus $0.30. Fee payable to us by the seller: $3.90 AUD. 19.4 Example 3 – Full refund of a Commercial Transaction payment The following is an example of the refund fee for a full refund of a Commercial Transaction payment from a buyer in Australia: Amount from the buyer: $100 AUD Seller will receive: $97.10 AUD ($100 AUD less $2.60 AUD variable fee and $0.30 fixed fee) 100% refund, buyer will receive: $100 AUD Seller will be debited: $100 AUD 19.5 Example 4 – Partial refund of a Commercial Transaction payment The following is an example of the refund fee for a partial refund of a Commercial Transaction payment from a buyer in Australia: Amount from the buyer: $100 AUD Seller will receive: $97.10 AUD ($100 AUD less $2.60 AUD variable fee and $0.30 fixed fee) 50% refund, buyer will receive: $50 AUD and the seller will be debited $50 AUD which will leave the seller with $47.10 AUD Back to top 20. Confirming our customers’ identities under the Anti-Money Laundering and Counter-Terrorism Financing laws 20.1 We are committed to full compliance with all AML laws. To comply with legislative requirements and global sanctions, we screen all accounts. We are required to report suspicious transactions to the relevant government agencies in Australia and overseas. 20.2 We may confirm information when you use our services. This may include when you open a PayPal account account, as part of a periodic account review process, and/or when your PayPal account balance reaches a certain level of funds. How does this impact you? 20.3 We may be required to collect and confirm information about your identity. In doing this, we may ask you to provide documentation and information. 20.4 To enable us to confirm your identify, we may disclose personal information such as your name, date of birth and address to a credit reporting agency (CRA) or identity verification service to obtain an assessment of whether that personal information matches information held by the CRA or identity verification service. The CRA or identity verification service may use personal information about you and other individuals in their files to report to us on that assessment. If we are unable to confirm your identity using information held by a CRA or identity verification service we may do so using an alternative method acceptable to us. 20.5 While your identity is being confirmed, or if we are unable to confirm your identity, we may be unable to provide some or all of our services to you in accordance with our obligations under AML laws. This may mean one or more of the following: You cannot send or withdraw funds from your account; You cannot receive funds into your account; Access to your account and the funds in it is limited for an extensive period or indefinitely; Funds in your account are returned to the sender; and Funds are subject to the applicable laws regarding unclaimed monies. Back to top 21. Verifying your payment method and transaction limits Maximum amount per transaction 21.1 To help protect the integrity of our payment system, limit the risk of money laundering and terrorism financing and to prevent fraud, most customers are subject to a limit on the amount they can send or receive in a single transaction. This limit may be raised or lowered at our sole discretion to address transaction risks or if you provide additional documentation. Unverified PayPal accounts 21.2 If your PayPal account is unverified, a lower limit is imposed on the cumulative total value of payments and monthly cumulative value of transfers you can make from your PayPal account. The amount of these limits is variable and set at our discretion. You may need to verify your account to increase these limits. Verified PayPal accounts 21.3 We verify PayPal accounts and payment methods to safeguard your security and limit fraud. By identifying a PayPal account as ‘verified’, we are only representing that the PayPal account holder has completed the steps set out in this clause 21. By attributing a ‘verified’ status to a PayPal account, we do not guarantee, undertake or otherwise represent that they will complete a transaction or that they have satisfied any requirements under AML laws. 21.4 You cannot verify any bank account linked to your PayPal account if it is held with a financial institution in the United States of America. 21.5 If you verify your account, we will generally raise the limit on the cumulative total of payments and transfers you can make. 21.6 You can raise your sending and withdrawal limits by becoming verified. 21.7 We reserve the right to control sending and transfer limits and may require additional information from you depending on your location, credit rating and other factors. PayPal withdrawal limits 21.8 We may also place limits on the amount you can withdraw from your PayPal balance to your linked bank account. There is an initial withdrawal limit which is usually $700 AUD per calendar month. You need to verify your account to withdraw more than the withdrawal limit. 21.9 We may limit withdrawals and require additional information from you depending upon your location, verification information and other factors. Back to top 22. Third party card fees 22.1 When you use your card to fund a purchase you will be subject to the usual fees and interest, if any, charged by your card provider. Back to top 23. Complaints and contacting us 23.1 For information about submitting complaints and how we handle them, our membership of AFCA and our contact details, please refer to Part 1, clauses 3 and 7. Back to top 24. Other related documents 24.1 Our User Agreement and its underlying policies, referred to in this Combined FSG and PDS but not provided in full detail, is available free of charge on request and also by clicking directly on the links in this document. 24.2 You should read the PayPal User Agreement and PayPal's policies as they contain further terms and conditions that may apply to you as a user of our services. Amongst other things, they describe the legal relationship between you and PayPal, your rights and obligations, and PayPal’s right and obligations. Back to top PART 3: Definitions Some of the terms in this document are explained where they first appear. However, others are capitalised and defined below for clarity. Commercial Transaction A payment that is sent or received for goods or services. Cross-border Transaction A transaction where either the sender or receiver has a PayPal account other than an Australian PayPal account, or where the sender otherwise uses a non-Australian payment method. Domestic Transaction A transaction where both the sender and receiver have Australian PayPal accounts or where the sender otherwise uses an Australian payment method, and the currency sent and received is Australian dollars. GST Has the meaning set out in A New Tax System (Goods and Services) Act 1999 (Cth). Mass Payment or Payouts Functionality that allows PayPal premier and business account holders to send money to multiple recipients simultaneously. PayPal, we, us and our PayPal Australia Pty Ltd ABN 93 111 195 389 AFSL 304962. PayPal Here The service that allows business and premier account holders to accept payments using the PayPal Here app via select smartphones, tablets or other devices in accordance with the PayPal Here Terms and Conditions. Personal Transaction Sending or receiving money using your PayPal account without making a purchase, i.e. the payment is not for goods or services. Back to top PayPal User Agreement This version: 21-2 Previous version: 21-1 Last update: 12 March 2021 Welcome to PayPal! This user agreement is a contract between you and PayPal Australia Pty Ltd governing your use of your PayPal account and the PayPal services. It applies to Australian PayPal accounts only. If you are an individual, you must be a resident of Australia and at least 18 years old to open an Australian PayPal account and use the PayPal services. If you are a business, the business must be organised in, operating in, or a resident of, Australia to open an Australian PayPal account and use the PayPal services. By opening and using a PayPal account, you agree to comply with all of the terms and conditions in this user agreement. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you: Acceptable Use Policy Combined Financial Services Guide and Product Disclosure Statement Please read carefully all of the terms and conditions of this user agreement, the terms of these policies and each of the other agreements that apply to you. If there is any inconsistency between this user agreement and any of the above policies, the incorporated policy will prevail. We may revise this user agreement and incorporated policies listed above. The revised version will be effective at the time we specify. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide notice to you of at least 30 days. You agree to receive notices electronically. By continuing to use our services after any changes to this user agreement become effective, you agree to comply with those changes. If you do not agree with any changes to this user agreement, you may close your account. Opening an Account We offer two types of accounts: personal accounts and business accounts. All PayPal accounts let you do things like: Send and receive money. Buy things online, using mobile devices or in stores. Make payments using your debit card, credit card, bank account, PayPal balance or other payment methods. Accept debit card, credit card, bank account, PayPal balance or other payment methods from others. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers or any other codes that you use to access your PayPal account and the PayPal services. You must keep your mailing address, email address and other contact information current in your PayPal account profile. Personal accounts You must only use a personal account for personal, domestic, or household purposes. Business accounts Business accounts may be subject to fees that differ from the fees applicable to personal accounts. By opening up a business account or converting a personal account to a business account, you certify to us that you are using it primarily for a business or commercial purpose. By creating and holding a business account, you acknowledge that, when a buyer makes a PayPal payment: we generally provide you immediately available value; we may not immediately receive value from the buyer; and as such, the immediately available value we provide you is a provision by us of commercial credit to you. You understand that any payments may be subject to a reversal and that you can be called on to repay that value. You agree that applying for a business account is applying for commercial credit to be provided to you. You agree that we may seek a commercial credit report about you, including from Equifax whose privacy policy and contact details are available at www.equifax.com.au. Commercial Entity Status If the activity through any type of PayPal account you hold reaches certain thresholds or involves certain business segments or activities, you are required by the card networks to agree to a Commercial Entity Agreement to allow you to continue accepting Visa and MasterCard payments. In this case, these Commercial Entity Agreements will apply to any payment processed by PayPal on your behalf and will form part of this user agreement. Closing Your PayPal Account You may close your account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your PayPal account even after the PayPal account is closed. When you close your PayPal account, we will cancel any scheduled or incomplete transactions. You must withdraw or transfer any PayPal balance from your PayPal account before closing it. You cannot withdraw or transfer digital gift certificates/cards that are purchased through PayPal Digital Gifts and linked to your PayPal account as payment methods. However, even without your PayPal account, you can still use the codes you received by email when you purchased the gift certificates/cards to make purchases. In certain cases, you may not close your PayPal account, including: To evade an investigation. If you have a pending transaction or an open dispute or claim. If your PayPal account has a negative balance. If your PayPal account is subject to a hold, limitation or reserve. If you have an outstanding balance on a loan from us or one of our affiliates. Any funds we are holding for you at the time of closure, less any fees, will be paid to you at our discretion by: Direct deposit to your linked Australian bank account or United States bank account; or A cheque mailed to the address listed in your account. Link or Unlink a Payment Method You can link or unlink a debit card, credit card, or an Australian bank account to your PayPal account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your PayPal account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. Holding a PayPal Balance You may choose to carry a balance in your account. However, we may require you to deposit funds into your account to cover reversals or repay a negative balance. You acknowledge and agree that we are entitled to any interest earned on funds held on your behalf, and that interest will not be paid into your account. Adding or Withdrawing Money Adding money You may use the payment methods linked to your PayPal account to fund transactions you make using your PayPal account and you don't need a PayPal balance to buy something or send money. Credit cards cannot be used to top up your PayPal balance. Withdrawing money If you have a PayPal balance, you may withdraw it by converting it to Australian Dollars and: transferring it to a bank account linked to your PayPal account. Any PayPal balance in US Dollars may be withdrawn to a US bank account linked to your PayPal account, subject to the Fee for Transferring Balance in clause 18.21 of our Product Disclosure Statement; transferring it to an eligible debit card or bank account linked to your PayPal account, subject to the Fee for Transferring Balance in clause 18.20 of our Product Disclosure Statement that will be disclosed to you in advance each time you initiate such a withdrawal. To protect us and our users from loss, we may delay a withdrawal, in certain situations, including if we need to confirm that you have authorised the withdrawal or if other payments to your PayPal account have been subject to a reversal (for example, as a result of a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your PayPal account, a payment is subject to a hold, or your account or an associated account has a negative balance in any currency while a withdrawal from your PayPal account is pending, you will have to reinitiate the withdrawal once the limitation or hold has been lifted, or negative balance is fully paid off. We may set limits on your withdrawals, and you can view any withdrawal limit by logging into your PayPal account. Completing the following steps can help us verify your PayPal account, which may allow us to remove any withdrawal cap: Verifying your bank account. Linking and confirming your credit or debit card information. Managing Your Money in Multiple Currencies Holding a PayPal balance in a currency other than Australian dollars PayPal may allow you to hold a balance in currencies other than Australian dollars. If you hold a PayPal balance, we may allow you to convert it to balance in another currency. If you convert your balance, PayPal's transaction exchange rate (including our currency conversion fee) will be used. We may, at our discretion, impose limits on the amount of money you can convert or the number of conversions you can perform; you may only withdraw it in Australian dollars, or US dollars (only when you withdraw the US dollars into your US bank account linked to your PayPal account). In order to withdraw balance held in another currency you will have to convert the currency to Australian dollars, or it will be converted for you at the time of your withdrawal. PayPal's currency conversion rate, including our currency conversion fees, will be used. You are responsible for all risks associated with maintaining multiple currencies in a PayPal account. You may not manage or convert currencies for speculative trading purposes, conversion arbitrage, conversion options, or any other activity that PayPal determines is primarily for the purpose of gaining or making money based on currency conversion rates. PayPal may hold, cancel, or reverse any transaction we determine to violate this policy. How we convert currency If PayPal converts currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion fee (described below) applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior business day; or, if required by law or regulation, set at the relevant government reference rate(s). For some uses of your PayPal account, PayPal may determine currency conversion is necessary. For any of the following transactions that involve a currency conversion, the currency conversion fee is 4.0%: Paying for goods or services in a currency other than the currency the goods or services are listed in. Receiving a refund beyond 1 day of the original payment. Sending money to a friend or family member such that they receive a different currency from the currency you pay in. Sending money using PayPal's Payouts or MassPay products such that your recipients receive a different currency from the currency you pay in. For all other transactions involving a currency conversion, the currency conversion fee is 3.0%. Currency conversion choices When your payment is funded by a debit or credit card and PayPal determines a currency conversion is necessary, you consent to and authorise PayPal to convert the currency in place of your debit or credit card issuer. In most cases, you may have the right to have your card issuer perform the currency conversion, if applicable for that card issuer and network. Currency preference selections may be presented to you in various forms, including a choice of which currency is used for the transaction, whether PayPal or your card issuer performs the conversion, or which conversion rate is used for the transaction, among others, and may be made available individually for each card and for each automatic payment agreement. If your card issuer converts the currency, your card issuer will determine the currency conversion rate and what fees they may charge. PayPal will always perform the conversion for transactions where your PayPal balance or linked bank account is the payment method. Account Statements and Requesting Account Records You have the right to receive an account statement showing your PayPal account activity. You may view your PayPal account statement by logging into your PayPal account. In the event you request that we send you hard-copy records related to your PayPal account, we may charge you a fee of $10.00 per item requested but we won't charge you for records requested in connection with your good-faith assertion of an error in your PayPal account. Your personal data As a PayPal user, or when you use our services or access our sites, you consent to our use of your personal data in accordance with our Privacy Statement. Complaints and Disputes We are committed to dealing with customer complaints fairly and resolving issues in accordance with our complaints handling processes and policies and relevant regulatory standards. The Australian Securities and Investments Commission has a free Infoline on 1300 300 630 for obtaining information about your rights or making a complaint. Submitting a complaint or dispute If you have a dispute about a seller or a buyer, you should file a dispute through the Resolution Centre by logging in to your PayPal account. If you have a complaint about our services, or believe your PayPal account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity, you should contact us immediately. You can report complaints about our Services by: Email: auexecutiveescalations@paypal.com Phone: 1800 073 263 (within Australia) or +61 2 8223 9500 Support Hours are available on our Contact Us page. Mail: Customer Advocacy Manager PayPal Australia GPO Box 351 Sydney NSW 2001 Handling your complaints We aim to: Acknowledge receipt of all complaints within 5 business days. Resolve all complaints within 45 days. This may not be possible in all circumstances. Where we cannot resolve a complaint within 45 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint. Referral of unresolved complaints to external dispute resolution scheme We are a member of the Australian Financial Complaints Authority (“AFCA”), an independent external dispute resolution scheme covering applicable Australian customers. For more information on AFCA, please visit www.afca.org.au. If you are not satisfied with our resolution or handling of your complaint you may wish to contact AFCA by: Phone: 1800 931 678 Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001 Court Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. Alternative dispute resolution We may consider use of other alternative forms of dispute resolution, such as binding arbitration or non-binding mediation to be held in New South Wales, Australia or another location mutually agreed upon by the parties. Sending Money and Buying Sending Money to or Receiving Money From a Friend or Family Member Sending money You can send money to a friend or family member using the send money feature in your PayPal account (sometimes called “personal payments” or “peer-to-peer/P2P payments”). You can send money to a friend or family member even if they don't have a PayPal account at the time you send them money, using their email address or mobile number in any currency that PayPal supports, and you can choose which payment method you want to use. If the person to whom you are sending money does not have a PayPal account, they can claim it by opening a PayPal account. If they don't claim it, it will be refunded to you. Receiving money from a friend or family member is described under Receiving money. We may, at our discretion, impose limits on the amount of money you can send, including money you send for purchases. You can view any sending limit by logging into your PayPal account. We may increase your sending limits if you complete the same steps to verify your information as is required for the removal of withdrawal limits. When you send money to a friend or family member, one of three things may happen: they may accept, decline or fail to claim the money. If they either decline to accept the money or don't claim it within 30 days of the date it is sent, the money (including any fees you were charged) will be refunded to: The original payment method you used for the transaction, if you used a credit card or debit card as the payment method, or Your PayPal balance, if you used your PayPal balance as the payment method or a bank account as the payment method, once the money clears the bank. Receiving money If a friend or family member sends money to you, the money will appear in your PayPal balance. To receive money in a currency your account is not configured to accept, it may be necessary to create a balance in that currency or convert the money into another currency. Certain currencies can only be received by converting the money into another currency that PayPal allows you to hold. If the money is converted, PayPal's transaction exchange rate (including our currency conversion fee) will be used. Fees for Sending Money to Friends and Family The fees applicable to sending money can be found in our Product Disclosure Statement and will be disclosed to you in advance each time you initiate a transaction to send money to a friend or family member. If you convert money in your PayPal balance from one currency to another before sending money, PayPal's transaction exchange rate (including our currency conversion fee) will be used. If you use your credit card as the payment method when sending money, you may also be charged a cash-advance fee by your card issuer. You can also use the send money feature in your PayPal account to pay for goods or services. You will not be charged any transaction fee for sending money to purchase goods or services as long as you choose the “send money to pay for goods and services” feature in your PayPal account. In that case, the seller will pay a fee. You must not use the “send money to a friend or family member” feature in your PayPal account when you are paying for goods or services. Buying Something From, or Returning Something to, a Seller Who Accepts PayPal How to buy something You can buy something from a seller who accepts PayPal, in any currency that the seller accepts and that PayPal supports, using the funds in your PayPal balance, or using any payment method linked to your PayPal account. This includes, for example: Buying something at an online retailer's website and selecting PayPal as your payment method at checkout. Sending money to a seller for goods or services. Using your PayPal account to buy something at a seller's physical store. When you send funds you authorise us to: Debit funds on your behalf from your applicable payment method; Transfer the funds to the recipient according to your instructions and subject to this agreement; and Resubmit any debit, or submit it to another payment method, if it is returned for insufficient or uncollected funds. If the seller you are buying from sells goods or services on a third party website or application and that seller does not already have a PayPal account, they can claim your payment by opening a PayPal account. If they don't open a PayPal account within 30 days, your purchase will be refunded. In order to manage risk, PayPal may limit the payment methods available for a transaction when you buy something. In addition, payment methods may be limited for certain sellers or if you make a PayPal payment through certain third party websites or applications. When you authorise a payment to a seller who accepts PayPal, some sellers may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending order in your PayPal account. In that case, your authorisation of the payment will remain valid until the seller completes the transaction (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorisation for a period of time until they release the hold or receive a completed transaction. If your payment requires a currency conversion by us, the transaction exchange rate will be determined and applied as described in the currency conversion section), and may be the rate at the time the payment is processed. Fees When you buy something from a seller who accepts PayPal you don't pay a fee to PayPal. If PayPal performs a currency conversion for your purchase, PayPal's transaction exchange rate (including our currency conversion fee) will be used. Your bank or card issuer may also charge you separate fees. You are solely responsible for paying bank or card issuer fees. Payment review When PayPal identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, PayPal will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don't clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action. Automatic payments You can agree with a seller who accepts PayPal to use PayPal as the payment method for future purchases with that seller. This agreement is between you and the seller and allows you to pay the seller on a one-time, regular or sporadic basis. Depending on the seller you wish to pay, you might also be able to directly instruct PayPal to make future payments to the seller on your behalf on a one-time, regular or sporadic basis. Examples of automatic payments that can be arranged by you either with a seller or with PayPal include those that PayPal calls a “billing agreement,” "subscription," "recurring payment,” “reference transaction,” "preauthorised transfer" or "preapproved payment." You authorise and instruct PayPal to pay the third party (or another person they direct) amounts from your payment method for the amounts you agree to owe and as presented to PayPal by that third party. You may cancel an automatic payment up to 3 business days before the date of the next scheduled payment from your account settings or by contacting us. Once you contact PayPal to cancel an automatic payment, all future automatic payments under your agreement with that seller will be stopped. If you cancel an automatic payment, you may still owe the seller money for the purchase or have additional obligations to the seller for any goods or services that you receive but have not paid for. If you have authorised an automatic payment and PayPal performs currency conversion for an automatic payment transaction, PayPal will use the transaction exchange rate (including PayPal's currency conversion fee) in effect at the time the automatic payment transaction is processed. Refunds Generally, we'll process refunds of: online purchases and friends and family transactions to the same payment method you used for the purchase; and in-store purchases to your PayPal balance. If a payment you sent involved a currency conversion and you're later refunded: Within 1 day of the date of the original payment, we'll normally use the transaction exchange rate that we applied at the time of the original payment; Beyond 1 day of the date of the original payment, we'll normally use the transaction exchange rate (including a currency conversion fee) that applies on the date of your refund; The refund will go back to your bank account or card used for the original transaction in the currency of the original transaction. If that is not possible, we will credit your PayPal balance in the currency of the original transaction; and You'll be refunded in Australian Dollars if your PayPal account balance doesn't support the currency of the original payment. Payment Method Used for My Transaction Selecting a preferred payment method Paying online If you have chosen an online preferred payment method, it will be shown as the primary method of payment. We'll process payments for goods or services made online using your preferred payment method or an available payment method you choose for a particular transaction during checkout. We'll process payments to friends and family using an available payment method you choose for the transaction. In-store and Automatic Payments If you have chosen a preferred payment method for in store transactions or for automatic payments, we'll process the payment using: any PayPal balance you hold in the currency of the payment; then your preferred payment method or an available payment method you choose for any remaining amount. There may be times when your preferred payment method cannot be used, for example, if you select a card that has expired. We may remove cards that are expired or otherwise not able to be processed from your account. The availability of certain payment methods may be limited based on that particular seller or the third party website you are using to complete the transaction. Backup payment method Certain one-time online transactions may require that a backup funding method be used in the event that your selected or preferred payment method has expired or declined. In those instances, the backup funding method may be displayed to you on your transaction review page, before you complete the transaction. Note that this only applies for one-time, online transactions, and not for in-store or automatic payments. If PayPal determines currency conversion is necessary for a transaction that also requires a backup payment method, you may not be able to separately choose whether PayPal or your card issuer performs the currency conversion on your backup payment method. Sending money to friends and family When you send money to friends and family using your PayPal balance or your bank account, we waive all fees, so we always show you these payment options first, if available, even if you have a set preferred payment method for your online purchases. Remember, you always have the choice to select any payment method in your account by clicking the “Change” link on the Send Money page. We will always show you if there is a fee and how much the fee is before you send money. Automatic payments Choosing PayPal as your way of paying a seller may involve entering into an agreement with them that permits the seller to request that we process your PayPal account each time you make a purchase. You can select a payment method for future purchases with a particular seller either at the time of creating the agreement or in your account settings at www.paypal.com.au. For example, you can instruct your monthly movie subscription service to always charge your credit card in your PayPal wallet for the monthly cost. If your chosen payment method is unavailable (e.g. credit card expired), a particular agreement with a seller does not provide for the ability to specify a payment method, or if you have not designated a payment method for future transactions with a seller, the payment method used will be in the following order, if applicable: 1. balance; 2. bank account; 3. debit card; and 4. credit card. You can cancel any agreement in your account settings at www.paypal.com.au. Pay with Rewards PayPal may allow you to redeem rewards associated with your eligible card(s) when making a purchase with your PayPal account through PayPal's Pay with Rewards program. PayPal may share with and receive information from your issuer about your issuer accounts to complete the redemption of your rewards when using PayPal's Pay with Rewards program. The exchange of this information is necessary to complete the purchase when you select the Pay with Rewards redemption option. All Pay with Rewards redemptions are subject to the terms of your card agreement with your card issuer. Pay with Rewards is only available for eligible purchases with certain merchants, and PayPal or your issuer may limit, suspend, or terminate your ability to redeem rewards at any time in accordance with this user agreement, and/or your card agreement and reward program terms. Your issuer determines the value of rewards redeemed through PayPal and available redemption methods (e.g., to pay for your purchase or for a statement credit). There may be a delay between checkout with Pay with Rewards and processing of your payment. Only rewards available upon processing of your payment will be used. Because your reward balance and/or transaction balance may change, whenever you request to redeem rewards for a purchase you also authorise PayPal to charge up to the full payment amount to your associated card if that happens. Cancellations and refunds are subject to your merchant's cancellation and refund policy. PayPal may cancel your transaction as outlined in this user agreement. If your transaction is cancelled or you return your purchase, your refund will be processed back as a dollar amount; depending on your card agreement and reward program terms with your issuer, your issuer may or may not credit your purchase back to your reward balance. If you split your payment between your reward balance and another payment method, PayPal and/or your issuer will choose the order and split of funds when processing a cancellation or refund. Each card issuer may treat chargebacks for purchases involving rewards redemption differently, please check with your card issuer for more information. If your card information changes (including if it is reissued with a new account number), you may need to update your PayPal wallet and re-enroll your card to continue using rewards. Loyalty Cards If you use the PayPal application on your mobile phone, you may store loyalty card numbers or bar codes, where applicable, for certain sellers in your PayPal account. When you store your loyalty card numbers or bar codes in your PayPal account, you will earn any rewards, subject to the seller's loyalty card terms and conditions, at the time you make your payment to the merchant by presenting the stored loyalty card number or bar code to the seller at the point of sale. It is your responsibility to make sure you have entered your loyalty card information correctly and that you update it as necessary. It is also your responsibility to ensure that you are receiving the rewards to which you are entitled. PayPal is not responsible for managing your loyalty card account by offering this service and any questions about your loyalty card or associated rewards program should be directed to the seller who offers the card. PayPal’s Buyer Protection Policy What's eligible When you buy something from a seller who accepts PayPal, you may be eligible for a refund under PayPal's Buyer Protection Policy. When applicable, PayPal's Buyer Protection Policy entitles you to reimbursement for the full purchase price of the item plus the original shipping costs you paid, if any. You have no automatic entitlement to receive any payments under the Buyer Protection Policy. The Buyer Protection Policy does not indemnify you for loss which may be incurred and it is not a contract of insurance. PayPal determines, in its sole discretion, whether your claim is eligible for the Buyer Protection Policy. You may be able to appeal our original decision with us if you have new or compelling information not available at the time of the original determination, or you believe there was an error in the decision-making process. If you are still not satisfied with our determination, you can make a complaint. IMPORTANT: You may be required to return the item to the seller or other party we specify as part of the settlement of your claim. PayPal's Buyer Protection Policy does not entitle you to reimbursement for the return shipping costs that you incur. PayPal's Buyer Protection Policy may apply when you encounter these specific problems with a transaction: You didn't receive your item from a seller (referred to as an “Item Not Received” claim), or You received an item, but the item isn't what you ordered (referred to as a “Significantly Not as Described” claim). If you believe that a transaction made through your PayPal account was not authorised by you, this type of claim is different from the Buyer Protection Policy, and is described below under Liability for Unauthorised Transactions and Other Errors. QR Code Transactions If you purchase an item from a seller in-person by using a QR code (for goods and services transactions), your transaction may be eligible for PayPal's Buyer Protection Policy. Item Not Received claims Your claim will not qualify for a refund under PayPal's Buyer Protection Policy for an Item Not Received claim, if: You collect the item in person, or arrange for it to be collected on your behalf, including if you use PayPal in a seller's physical store, except for in-person PayPal QR code for goods and services transactions; or The seller has provided proof of shipment or proof of delivery. If the seller presents evidence that they delivered the goods to you, PayPal may find in favour of the seller for an Item Not Received claim even if you claim you did not receive the goods. Significantly Not as Described claims An item will be considered Significantly Not as Described if: The item is materially different from the seller's description of it. You received a completely different item. The condition of the item was misrepresented. For example, the item was described as “new” but the item was used. The item was advertised as authentic but is not authentic (i.e. counterfeit). The item is missing major parts or features and those facts were not disclosed in the description of the item when you bought it. You purchased a certain number of items but didn't receive them all. The item was damaged during shipment. The item is unusable in its received state and was not disclosed as such. An item will not be considered Significantly Not as Described if: The defect in the item was correctly described by the seller in its description of the item. The item was properly described but you didn't want it after you received it. The item was properly described but did not meet your expectations. The item has minor scratches and was described as “used." It was listed as used condition and you picked it up in person. Ineligible items and transactions The following items or transactions are not eligible for PayPal's Buyer Protection program: Real estate, including residential property Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards Businesses (when you buy or invest in a business) Industrial machinery used in manufacturing Payments that are equivalent to cash, including stored value items such as gift cards and pre-paid cards Payments made in respect of gold (whether in physical form or exchange-traded form) Financial products or investments of any kind Gambling, gaming, and/or any other activities with an entry fee and a prize Donations, including payments on crowdfunding platforms as well as payments made on crowdlending platforms Payments to a state-run body (except for state-owned enterprises), government agencies, or third-parties acting on behalf of state-run bodies or government agencies Payments to any bill payment service Significantly Not as Described claims for wholly or partly custom-made items or items picked up in person, except for in-person PayPal QR Code goods and services transactions Item Not Received claims for, physical, tangible items you collect in person or arrange to be collected on your behalf. This includesitems bought in a seller's store location, except if you paid for the transaction in-person using PayPal QR code. Anything prohibited by the PayPal Acceptable Use Policy Payments made using PayPal's Payouts and Mass Pay Personal payments including payments sent using PayPal's friends and family functionality Payments that you have not sent using your PayPal account Items intended for resale, including single item transactions or transactions that include multiple items Transaction eligibility for PayPal's Buyer Protection Policy To be eligible for PayPal Buyer Protection you must meet all of the following requirements: Have a PayPal account in good standing. Pay for the eligible item from your PayPal account. Attempt to contact the seller to resolve your issue directly before filing a claim through the PayPal Resolution Centre. Your payment is less than $20,000. Respond to PayPal's request for documentation and other information within the time requested. Open a dispute in the Resolution Centre within 180 days of the date you sent the payment, then follow our online dispute resolution process. Not have received a recovery or agreed to an alternative resolution related to your purchase from another source. You send the item back to the seller only in accordance with our instructions. Our online dispute resolution process If you're unable to resolve a transaction related issue directly with a seller, you must follow our online dispute resolution process through the Resolution Centre to pursue a claim under our Buyer Protection Policy. You may also file a claim (Step 2 below) by calling us and speaking to an agent. The steps you must follow are described below, and if you do not follow these steps your claim may be denied: Step 1: Open a dispute within 180 days of the date you made the payment. This might allow you to start a direct conversation with the seller regarding your issue with the transaction that may help resolve the dispute. If you are unable to resolve the dispute directly with the seller, proceed to Step 2. We will place a hold on all funds related to the transaction in the seller's PayPal account until the dispute is resolved or closed. Step 2: Escalate the dispute to a claim for reimbursement within 20 days after opening the dispute, if you and the seller are unable to come to an agreement, or we will automatically close the dispute. You can escalate the dispute to a claim for reimbursement through the Resolution Centre. The seller or PayPal may also escalate the dispute to a claim at this point PayPal may ask you to wait at least 7 days from the transaction date to escalate the dispute. Step 3: Respond to PayPal's requests for documentation or other information, after you, the seller or PayPal escalates your dispute to a claim for reimbursement. PayPal may require you to provide receipts, third party evaluations, police reports or other documents that PayPal specifies. You must respond to these requests in a timely manner as requested in our correspondence with you. Step 4: Comply with PayPal's shipping requests in a timely manner, if you're filing a Significantly Not as Described claim. PayPal may require you, at your expense, to ship the item back to the seller, to PayPal or to a third party (which will be specified by PayPal) and to provide proof of shipment. When proving shipment to us, your documentation must show: The date the item was sent. An official acceptance by the shipper, such as a postmark or online status. A status that shows the item was delivered to the address on the transaction details page is also acceptable. The recipient's delivery address, showing at least the state, city and suburb (or international equivalent). If using Australia Post, a receipt showing at least the recipient's suburb, city or postcode (or international equivalent). Examples include: A copy of the shipping receipt or shipping label that includes the delivery address, or For Australia Post eParcel customers, a copy of the consignment information page which shows the delivery address and the online tracking code that can be used to confirm delivery, or A shipping code PayPal can use online to view the shipping status and delivery address. You can get this from TNT, DHL, FedEx, Skippy Post and other carriers, or A receipt issued by the carrier, signed by the recipient acknowledging delivery. Step 5: PayPal will make a final decision (including automatically closing any dispute or claim), in its sole discretion acting reasonably, based on the eligibility requirements set forth above, any additional information provided during the online dispute resolution process or any other information PayPal deems relevant and appropriate under the circumstances. If you are not satisfied with our determination, you may be able to appeal our original decision with us if you have new or compelling information not available at the time of the original determination or you believe there was an error in the decision-making process. If you are still not satisfied with our determination, you can make a complaint. Note that when you are making Digital Goods Micropayments Purchases, there are special rules that apply and that include pre-determined thresholds where we may, at our discretion, reverse the transaction without requiring you to take further action. We may limit the number of automatic reversals that you benefit from, but, even if that is the case, you will still be able to follow PayPal's standard dispute resolution processes described above. Dispute with us or your card issuer Applicable card chargeback rights may be different than PayPal's Buyer Protection Policy. You must choose whether to pursue a dispute with PayPal under our Buyer Protection Policy, or to pursue the dispute with your card issuer. You can't do both at the same time or seek a double recovery. If you pursue a dispute/claim with us and you also pursue a dispute for the same transaction with your card issuer, we'll close your dispute/claim with us. This won't affect the dispute process with your card issuer. In addition, if you pursue a dispute with your card issuer, you cannot pursue a dispute/claim with us later. If you choose to dispute a transaction with PayPal and we decide against you, you can seek to pursue the dispute with your card issuer later. If PayPal does not make a final decision on your claim until after your card issuer's deadline for filing a dispute, and because of our delay you recover less than the full amount you would have been entitled to recover from the card issuer, we will reimburse you for the remainder of your loss (minus any amount you have already recovered from the seller or your card issuer). Before contacting your card issuer or filing a dispute with PayPal, you should contact the seller to attempt to resolve your issue in accordance with the seller's return policy. Selling and Accepting Payments Accepting Payments From Buyers for Goods and Services Receiving personal payments If you use your PayPal account to receive payments for the sale of goods or services, or accept donations, you must: Pay any applicable fees for receiving the funds. Not ask your buyer to send you money using the “send money to a friend or family member”. If you do so, PayPal may remove your PayPal account's ability to accept payments from friends or family members. By integrating into your online checkout/platform any functionality intended to enable a payer without a PayPal account to send a payment to your PayPal account, you agree to all further terms of use of that functionality which PayPal will make available to you on any page on the PayPal or Braintree website (including any page for developers and our Legal Agreements page) or online platform. Such further terms include the PayPal Alternative Payment Methods Agreement. Surcharges You agree that you will not impose a surcharge or any other fee for accepting PayPal as a payment method that exceeds the amount you pay us for that payment as a percentage of your total price. Presentation of PayPal You must treat PayPal as a payment method and mark at least on par with any other payment methods offered at your points of sale, wherever PayPal's branded services are integrated, including your websites, and mobile applications. This includes at least equal or better: logo placement, position within any point of sale, and treatment in terms of payment flow, terms, conditions, restrictions, and fees, in each case as compared to other marks and payment methods at your points of sale. Further, you must not present any payment method or mark upstream (or at an earlier point in the checkout experience) from the presentment of any of PayPal's services or marks. In representations to your customers or in public communications, you must not mischaracterise any PayPal service as a payment method or exhibit a preference for other payment methods over any PayPal service. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using PayPal or encourage the customer to use an alternate payment method. If you enable your customers to pay you with PayPal whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications) you agree to display the PayPal services payment marks at least as prominently, and in at least as positively a manner, as you do for all other payment methods. Taxes and information reporting Some of our fees may be subject to applicable taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”) and, unless expressly noted, our fees are exclusive of applicable taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. PayPal is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction. You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. Your refund policy and privacy policy You must comply with all your obligations under applicable Australian consumer law, including as a seller by publishing a refunds and returns policy as well as a privacy policy, where required by law. Payment review PayPal reviews certain potentially high-risk transactions. If PayPal determines, in its sole discretion, that a transaction is high-risk, we may place a hold on the payment and provide notice to you to delay shipping of the item. PayPal will conduct a review and either complete or cancel the payment. If the payment is completed, PayPal will provide notice to you to ship the item. Otherwise, PayPal will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that complete this payment review will be eligible for PayPal Seller Protection if they meet PayPal's Seller Protection requirements. We will notify you about payment reviews by email and/or through your PayPal account. In-store payments and QR code transactions If you accept PayPal payments at your physical store, you must communicate the total amount of the transaction to the customer before it takes place. You may charge your customer's account only for transactions that they have authorised. You must also provide customers with a physical receipt if they request one. You agree that any transaction that you make shall have an accurate and true description of the goods and services being purchased. If you use a QR code to accept payments in your physical store, you must use a QR code intended for goods and services transactions. You must also not use QR codes intended for in-person transactions as a method of accepting payment for goods and services transactions occurring online. For any claims related to QR code transactions, you may be required to provide us with alternative evidence of delivery, or such additional documentation or information relating to the transaction. Marketplace sellers If you're a seller on a marketplace or through a third party application where PayPal is offered, you must comply with any rules that apply to the marketplace's or the third party application's buyer protection policy (or equivalent) for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed. PayPal Giving Fund Australia If you are a charity and hold a PayPal account, you may be eligible to participate in the PayPal Giving Fund program. PayPal Giving Fund Australia is a Public Ancillary Fund (ABN 65 106 950 945) registered with the Australian Charities and Not-for-profits Commission and endorsed by the Australian Taxation Office as a tax concession charity and deductible gift recipient. If you meet the eligibility requirements as set out in the Charity Certification Policy, you will be enrolled in the PayPal Giving Fund upon acceptance of this user agreement. You will receive an email from us confirming your enrollment. Your relationship with the PayPal Giving Fund will be governed by its Charity User Agreement. If you don't want to be enrolled or receive donations from the PayPal Giving Fund, you can opt-out at any time by contacting us. For more information, please see the PayPal Giving Fund Policies. Card not present transactions Whenever a buyer uses a debit or credit card as the payment method for a transaction using their account to buy something from you as a seller, the transaction will be processed as a “card not present” transaction, even if the buyer is at your store location. Accepting preauthorised payments As a seller, you can accept payments from a buyer's account through preauthorised transfers either on a one-time, regular or sporadic basis. This type of transaction is sometimes called a “billing agreement,” "subscription," "recurring payment,” “reference transaction,” "pre-approved payment" or "automatic payment". If you receive preauthorised payments from buyers: You must: You must not: Get each buyer's prior authorisation for the amount, frequency, and duration of any such payment. Restart future payments without the buyer's written authorisation, if a buyer has stopped or cancelled a preauthorised payment. Provide a simple and easily accessible online cancellation procedure, if buyers sign up for preauthorised payments online. Provide buyers the ability to stop any such payment up to 3 business days before the date scheduled for payment. Notify the buyer at least 10 days in advance of the amount and date of each preauthorised payment if the preauthorised payment will vary from the preauthorised amount or (at the buyer's option) any payment that is in an amount that falls outside of the pre-determined range. Transaction Fees for Online and In-Store Payments Your PayPal transaction fees depend on: the country of the buyer's account or the currency of their card; the currency in which you accept the payment; and whether you are registered with the Australian Charities and Not-for-profits Commission, and we have accepted your application to receive the rates applicable to charities and not-for-profit organisations. Standard transaction fees The fees you pay when selling goods or services, where the buyer pays using their PayPal account or other authorised wallet, can be found in our Product Disclosure Statement. Please note that: We may adjust the fees applicable to future transactions that you process using PayPal. We will give you at least 30 days' advance notice of any fee increase or the introduction of a new type of fee. If you refund (partially or fully) a transaction to a buyer or a donation to a donor, there are no fees to make the refund, but the fees you originally paid as the seller will not be returned to you. If you accept payments using a PayPal product (like PayPal Here or PayPal Payments Pro), the fees applicable to those products will apply to your transactions. Micropayments fees You may qualify to receive micropayments pricing for the sale of goods and services through your PayPal account, if your transactions typically average less than $10. In order to qualify, you must have a PayPal account that is in good standing (for example, no limitations or negative PayPal balance), you may not be processing payments using PayPal Payments Pro and you must submit an application and have it approved by us. If your PayPal account is approved to accept micropayments, then the fees found in our Product Disclosure Statement will apply to all transactions for the sale of goods or services processed through your PayPal account instead of the standard transaction fees. If you have multiple PayPal accounts, you must route your micropayments transactions through the appropriate account. Once processed, PayPal will not re-route the transaction through a different account. PayPal Payouts and Mass Pay You can use PayPal's Payouts and Mass Pay services to send multiple recipients in one batch , such as commissions, rebates, rewards, incentives and bulk business payments. In order to use these services, you must have: a PayPal business account in good standing and with no withdrawal limits; and applied for and received our permission to use these services. The amount you will pay for us for these services differs according to whether you use the Payouts service or the Mass Pay services, how you send the payouts, and the currency of the payouts. These fees can be found in the Product Disclosure Statement under the Fees and Charges section. The Payouts and Mass Pay services may only be used for multiple or bulk payments. If you wish to make individual payments, please use the PayPal services intended for that purpose. Mass Pay and Payouts services may not be used for payroll, selling products, sending money to family and friends, paying a merchant for a purchase, purchasing unlock codes, or for any use that we determine presents a higher than acceptable level of risk. We may add further restrictions at any time in our sole discretion. You are solely responsible for ensuring that each of your payout recipients has opted in to receive payments from you through the applicable services and has agreed to be contacted by email or text message, as applicable. By using the Payouts or Mass Pay services, you represent and warrant that the emails or phone numbers you use to contact your customers were provided to you by each payout recipient, and that your use of the services to contact your customers complies with applicable laws and regulations. You understand that the Payouts and Mass Pay services are only intended to facilitate bulk payments and transactions and may not be used to send marketing messages for your business. Without limiting our other rights and remedies under this user agreement, we may, in our sole discretion, at any time suspend or terminate your access to the Payouts or Mass Pay services or your PayPal account if we determine (i) you are misusing the PayPal or Mass Pay services, (ii) there is a higher than acceptable level of risk associated with your use of the PayPal or Mass Pay services, or (iii) you have violated any of these terms. Refunds, Reversals and Chargebacks General information If you receive a payment for selling goods or services that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is refunded or otherwise reversed, PayPal will refund or reverse the transaction from your PayPal account in the same currency as the original transaction. If your PayPal balance for a particular currency is insufficient to cover the amount of a refund or reversal, PayPal will perform a currency conversion in order to refund or reverse the transaction. PayPal's transaction exchange rate (including our currency conversion fee) at the time the refund or reversal is processed will be used. If you refund a payment for goods or services (partially or fully), there are no fees to make the refund, but the fees you originally paid as the seller will not be returned to you. The amount of the refunded payment will be deducted from your PayPal account. Payments that are invalidated and reversed Payments to you may be invalidated and reversed by PayPal if: You lose a PayPal Buyer Protection claim submitted to us by a buyer, including as a result of your failure to respond in a timely manner. Your buyer pursues a chargeback related to a card-funded transaction and the transaction is not eligible for PayPal Seller Protection. The card issuer, not PayPal, determines whether a buyer is successful when they pursue a chargeback related to a card-funded transaction. You do not fulfill the transaction as promised or you cannot provide proof of shipment or proof of delivery when required. eBay decides against you under its money back guarantee program (and you haven't opted out). Our investigation of a bank reversal made by a buyer or the buyer's bank finds that the transaction was fraudulent. PayPal sent the payment to you in error. The payment was unauthorised. You received the payment for activities that violated this user agreement or any other agreement between you and PayPal. When you receive a payment, you are liable to PayPal for the full amount of the payment sent to you, plus any fees, if the payment is later invalidated or reversed for any reason. If your PayPal balance is insufficient to cover your liability for the payment amount plus the fees, we may use any of the payment methods linked to your PayPal account to cover the amount due. If the payment methods linked to your PayPal account don't cover the amount due, this will result in a negative PayPal balance. Any negative PayPal balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your PayPal balance to resolve it. If you don't, PayPal may: engage in collections efforts to recover the amount due from you; take any or all action as outlined under Amounts owed to PayPal; and place a limitation or take other action on your PayPal account as outlined under Restricted Activities and Holds. Chargeback fees If you receive a debit or credit card-funded payment through your PayPal account and the buyer pursues a chargeback for the transaction with their card issuer, then PayPal will not assess you with a chargeback fee if the transaction is eligible for PayPal Seller Protection. However, if the transaction is ineligible for PayPal Seller Protection, PayPal will assess you with a chargeback fee (for facilitating the chargeback process) regardless of whether the buyer is successful in pursuing the chargeback with the card issuer. The applicable chargeback fee will be deducted from your PayPal account. The chargeback fee is $15 for transactions in Australian Dollars, or the amount specified in the Chargeback Fees table in the currency of the original transaction. If the transaction was in a currency not listed in the Chargeback fee table the fee charged will be in your primary holding currency. Impact of various Buyer Protection processes on sellers You should read and understand PayPal's Buyer Protection Policy, and if you sell goods and services to buyers with PayPal accounts in countries other than your own, you also should be familiar with the Buyer Protection available to buyers in each of those countries. Buyers' rights under these policies may impact you as a seller. You can find information about PayPal's protection policies on the Legal Agreements page by selecting your buyer's location at the top of the page and referring to the corresponding user agreement. If you lose a claim under PayPal's Buyer Protection Policy in any country: You must forfeit the full purchase price of the item plus the original shipping cost. In some cases, you may not receive the item back. You will not receive a refund of the PayPal fees that you paid in connection with the sale. If the claim was that the item received was Significantly Not as Described, you may not receive the item back, or you may be required to accept the item back and pay for the return shipping costs. If the claim was that the item received was Significantly Not as Described and related to an item you sold that is counterfeit, you will be required to provide a full refund to the buyer and you may not receive the item back If you accept PayPal payments from buyers for goods or services you sell through eBay, then you need to read and understand the eBay Money Back Guarantee program. Unless you opt out by calling eBay, PayPal will treat eBay's decisions in favour of your buyers under that program as a basis for reversing a PayPal payment made to you. If your PayPal balance is insufficient to cover the amount of such a claim, we may place a hold on your PayPal account until sufficient funds become available in your PayPal account to cover the amount. PayPal's Seller Protection Policy What's eligible If you sell a good or service to a buyer, you may be eligible for PayPal's Seller Protection program. When it applies, PayPal's Seller Protection program entitles you to retain the full purchase amount. There is no limit on the number of payments eligible for PayPal's Seller Protection program. By accessing the transaction details page in your PayPal account you can determine whether or not your transaction is eligible for protection under this program. PayPal's Seller Protection Policy may apply when a buyer claims that: They did not authorise, or benefit from, funds sent from their PayPal account (referred to as an “Unauthorised Transaction” claim) and the Unauthorised Transaction occurs in an environment hosted by PayPal; or They didn't receive the item from you (referred to as an “Item Not Received” claim). PayPal's Seller Protection Policy may also apply when a transaction is reversed because of a successful chargeback by a buyer or when a bank funded payment is reversed by the buyer's bank. This section describes PayPal's Seller Protection Policy as it applies to you, but you should also be familiar with the Impact of various Buyer Protection processes on sellers. Basic requirements To be eligible for PayPal's Seller Protection program, all of the following basic requirements must be met, as well as any applicable additional requirements: You receive payment via PayPal from a buyer's PayPal account. You provide us with valid proof of shipment or proof of delivery. For eligible tangible items, unless we otherwise agree with you, you must ship the item to the shipping address on the transaction details page in your PayPal account for the transaction. Transactions involving items that you deliver in person in connection with payment made in your physical store, may also be eligible for Seller Protection, so long as the buyer paid for the transaction in person by using a QR code for goods and services transactions. The shipping requirement does not apply to eligible transactions involving items that you deliver in person, provided, however, that you will provide us with alternative evidence of delivery, or such additional documentation or information relating to the transaction that we may request. In the case of an Unauthorised Transaction claim, you must provide valid proof of shipment or proof of delivery that demonstrates that the item was shipped or provided to the buyer no later than two days after PayPal notified you of the dispute or reversal. For example, if PayPal notifies you of an Unauthorised Transaction claim on 1 September, the valid proof or shipment must indicate that the items was shipped to the buyer no later than 3 September to be eligible for PayPal's Seller Protection program. For eligible intangible items, unless we otherwise agree with you, they are subject to the Intangible Item Additional Requirements. You must respond to PayPal's requests for documentation and other information in a timely manner as requested in our email correspondence with you or in our correspondence with you through the Resolution Centre. If you do not respond to PayPal's request for documentation and other information in the time requested, you may not be eligible for Seller Protection. If the sale involves pre-ordered or made-to-order goods, you must ship within the timeframe you specified in the listing. Otherwise, it is recommended that you ship all items within 7 days after receipt of payment. On the Transaction Details Page, the payment must be marked “eligible” or “partially eligible” for PayPal's Seller Protection in the case of Unauthorised Transaction claims, or “eligible” for PayPal's Seller Protection in the case of Item Not Received claims, PayPal determines, in its sole discretion, whether your claim is eligible for PayPal's Seller Protection program. PayPal will make a decision, in its sole discretion, based on the eligibility requirements, any information or documentation provided during the resolution process or any other information PayPal deems relevant and appropriate under the circumstances. Item Not Received additional requirements To be eligible for PayPal's Seller Protection Policy for a buyer's Item Not Received claim, you must meet both the basic requirements listed above and the additional requirements listed below: Where a buyer files a chargeback with the issuer for a card-funded transaction, the item must be sent to the address we specify on the payment notification on the Transaction Details page, which can be accessed by logging in to your PayPal account. Intangible items additional requirements For the sale of intangible goods and services to be eligible for PayPal Seller Protection, the sale must meet the basic requirements and the following additional requirements: Integration requirements: Where you have integrated a PayPal checkout product, you must: be using the current version of that product if you are accepting payments directly via a website or mobile optimised website; or ensure you are passing session information to PayPal at checkout if you are integrated with PayPal via a third-party or if you have a native app integration. Other integration requirements may apply depending on your business model. We will let you know those requirements ahead of time, if needed. For the sale of digital goods or licenses for digital content to be eligible for Seller Protection, you must have paid Standard Transaction Fee on the sale. Delivered the item and provide Proof of shipment or delivery for Intangible Goods. Establishing proof of shipment or service delivery Physical / tangible items: The following is required as proof of shipment or delivery for physical items: Proof of shipment Proof of delivery Online or physical documentation from a shipping company that includes: Date of shipment An official acceptance by the shipper, such as a postmark or online status. A status that shows the item was delivered showing at least the city, state and postal code of the buyer's address provided in the Transaction Details page is also acceptable. An address for the recipient showing at least the city/state, city/country, or zip/postal code (or international equivalent), or a receipt from Australia Post showing at least the state, city and suburb (or international equivalent). Examples include: A copy of the shipping receipt or shipping label that includes the delivery address, or For Australia Post eParcel customers, a copy of the consignment information page which shows the delivery address and the online tracking code that can be used to confirm delivery, or A shipping code PayPal can use online to view the shipping status and delivery address. You can get this from TNT, DHL, FedEx, Skippy Post and other carriers, or A receipt issued by the carrier, signed by the recipient acknowledging delivery. You'll need to provide compelling evidence that the item was delivered or the service was fulfilled. Compelling evidence is any evidence available to prove that your customer received the goods or services, or otherwise benefited from the transaction and must include: Date of delivery and the “delivered” status An address for the recipient that matches the shipping address on the Transaction Details Page. Intangible Items: The following is required as proof of shipment or delivery for intangible items: For intangible or digital items, proof of shipment or delivery means compelling evidence to show the item was delivered or the purchase order was fulfilled. Compelling evidence could include a system of record showing the date the item was sent and that it was either: Electronically sent to the recipient, including the recipient's address (email, IP, etc.), where applicable; or Received or accessed by the recipient Examples include: An extract of an online booking system for the issuance of tickets; or An internal system record showing the deployment or retrieval of a digital item. QR Code Transactions: The following is required as proof of shipment or proof of delivery: For QR code transaction you may be required to provide us with alternative evidence of delivery, or such additional documentation or information relating to the transaction. Ineligible items and transactions The following items or transactions are not eligible under PayPal's Seller Protection Policy: Real estate, including residential property Vehicles, including, but not limited to, motor vehicles, motorcycles, recreational vehicles, aircraft and boats, except for personally portable light vehicles used for recreational purposes like bicycles and wheeled hoverboards Businesses (buying or investing in a business) Industrial machinery used in manufacturing Payments equivalent to cash, including stored value items such as gift cards and pre-paid cards Payments made in respect of gold (whether in physical form or exchange-traded form) Financial products or investments of any kind Gambling, gaming, and/or any other activities with an entry fee and a prize Donations, including payments received as crowdfunding or crowdlending Payments to a state-run body (except for state-owned enterprises), a government agency, or to third-party collecting payment on behalf of a state-run body or government agency Payments to any bill payment service Items where the buyer claims (either with us or their card issuer) that the item you sent isn't what was ordered (referred to as a Significantly Not as Described claim) Physical, tangible items delivered in person, including in connection with a payment made in your physical store, unless the buyer paid for the transaction in-person using PayPal's goods and services QR code Anything prohibited by PayPal's Acceptable Use Policy. Payments made using PayPal's Payouts and Mass Pay Personal payments including a payment sent using PayPal's friends and family functionality Payments not processed through a buyer's PayPal account, unless you receive PayPal guest checkout transactions and your business account is registered in the United States, the United Kingdom, Germany, Canada, Brazil, or Mexico Items where PayPal determines, in its sole discretion, that the item sold is counterfeit It involves activity that we reasonably believe to be fraudulent, whether or not within PayPal's system, and even if we initially labelled the item as eligible on the transaction details page Items sent after PayPal advised you not to release the item Restricted Activities and Holds Restricted Activities In connection with your use of our websites, your PayPal account, the PayPal services, or in the course of your interactions with PayPal, other PayPal customers, or third parties, you must not: Breach this user agreement, the PayPal Acceptable Use Policy, the Commercial Entity Agreements (if they apply to you), or any other agreement between you and PayPal. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). Infringe PayPal's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy. Sell counterfeit goods. Act in a manner that is defamatory, trade libelous, threatening or harassing. Provide false, inaccurate or misleading information. Send or receive what we reasonably believe to be potentially fraudulent funds. Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us. Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both PayPal and the seller, bank or card issuer for the same transaction. Control an account that is linked to another account that has engaged in any of these restricted activities. Conduct your business or use the PayPal services in a manner that results in or may result in: complaints; requests by buyers (either filed with us or card issuers) to invalidate payments made to you; fees, fines, penalties or other liability or losses to PayPal, other PayPal customers, third parties or you. Use your PayPal account or the PayPal services in a manner that PayPal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules. Allow your PayPal account to have a negative PayPal balance. Provide yourself a cash advance from your credit card (or help others to do so). Access the PayPal services from a country that is not included on PayPal's permitted countries list. Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or the PayPal services; Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorised access to any system, data, information or PayPal services. Use an anonymising proxy. Use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission. Use any device, software or routine to bypass our robot exclusion headers. Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, any of the PayPal services or other users' use of any of the PayPal services. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers. Use the PayPal services to test credit card behaviours. Circumvent any PayPal policy or determinations about your PayPal account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional PayPal account(s) when an account has a negative PayPal balance or has been restricted, suspended or otherwise limited; opening new or additional PayPal accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else's PayPal account. Harass and/or threaten our employees, agents, or other users. Actions We May Take if You Engage in Any Restricted Activities If we believe that you've engaged in any of these activities, we may take a number of actions to protect PayPal, its customers and others at any time in our sole discretion acting reasonably. The actions we may take include, but are not limited to the following: Terminate this user agreement, limit your PayPal account, and/or close or suspend your PayPal account immediately and without penalty to us. Refuse to provide the PayPal services to you in the future. Limit your access to our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, your PayPal account or any of the PayPal services, including limiting your ability to pay or send money with any of the payment methods linked to your PayPal account, restricting your ability to send money or make withdrawals. Hold your PayPal balance for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated our Acceptable Use Policy. Suspend your eligibility for PayPal's Buyer Protection Policy and/or PayPal's Seller Protection Policy. Contact buyers who have purchased goods or services from you using PayPal, your bank or credit card issuer, other impacted third parties or law enforcement about your actions. Update inaccurate information you provided us. Take legal action against you. If you've violated our Acceptable Use Policy, then you're also responsible for damages to PayPal caused by your violation of this policy. If we close your PayPal account or terminate your use of the PayPal services for any reason, we'll provide you with notice of our actions and make any unrestricted funds held in your PayPal account available for withdrawal. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by PayPal, any PayPal customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the PayPal services. We may refuse to process a payment if we believe there is a risk associated with it or if it breaches any law or regulation. For example, we may refuse to process a payment: Sent to a person or country sanctioned by the United Nations, the United States government or Australian government; or Where we believe there is a legal or regulatory risk or a risk of loss being suffered by us or our users. Holds, Limitations, and Reserves General information about holds, limitations and reserves Under certain circumstances, in order to protect PayPal and the security and integrity of the network of buyers and sellers that use the PayPal services, PayPal may take account-level or transaction-level actions. Unless otherwise set out below, if we take any of the actions described here, we'll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Centre or follow the instructions in our email notice with respect to the limitation, hold or reserve. Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of PayPal, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your PayPal account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you. We hold funds to review and mitigate any actual or reasonably anticipated risk to us or our users. In order to facilitate PayPal's actions described above and allow us to assess the level of risk associated with your PayPal account, you agree to cooperate with PayPal's reasonable requests for financial statements and other documentation or information in a timely fashion. In what ways may we hold funds? Funds may be held in one or more of the following ways: Transaction holds - Specific transactions may be held, such as if your buyer disputes the payment in one of the Refunds, Reversals and Chargebacks situations; Release amounts - Funds you receive may be subject to a release amount; Reserves - Funds you receive may be subject to a reserve; and Account limitations - Your access to funds may be restricted because your account has been limited. When do we hold funds? We hold funds when: We need to ensure the integrity of a transaction; We believe that there's a risk associated with you or your account; You receive a dispute, claim, chargeback or reversal in relation to any funds received into your account; A marketplace or third party application where PayPal is offered requests that we do so (if you have questions about why the marketplaces requested the hold, you will need to contact the marketplace or third party directly); You do not meet certain seller or risk standards when listing on eBay; You are a new seller or have a limited history with eBay; or We need to comply with the law. What do we consider before holding funds? Before holding funds, we consider a number of factors, including information available to us from both internal sources and third parties, such as: Information you provide us, such as your business history and financial details; Publicly available information; Your industry; Your selling activity; Past disputes or dissatisfaction of your customers; Information we receive from related third parties; Whether the funds are related to an irregular or unusual transaction; and Other related information. The more you use your account, the more we know about your activity. As such, our risk assessment may change and we may increase or decrease the amount of funds we hold based on that changed assessment. How long do we hold funds? For transaction holds and release amounts: Funds are usually held for up to 21 days from the date the payment was received into your PayPal account. Funds may be held for longer than 21 days if: We believe that the increased risk associated with you or your account remains after 21 days; If you are a seller, we expect the delivery time of your goods or services to be longer than 21 days; You receive a dispute, claim, chargeback or reversal relating to the transaction subject to the hold; and/or We have taken another action permitted by this agreement, such as when you are required to verify your identity. We may release a hold earlier than 21 days where we reasonably believe that the relevant transaction has successfully completed. Any earlier release is at our sole discretion. Funds held for buyer disputes may not be released until we consider the dispute resolved (but no longer than 180 days). Reserves and limitations: If funds you receive are subject to a reserve, we will notify you how long funds will be held for at the time of setting the reserve. If access to funds is restricted because your account has been limited, you will usually gain access to those funds after the limitation has been lifted. How do we use held funds? Generally, any funds we hold will be used in relation to the transactions to which the reserve or hold relates. For example, the held funds will be used when processing refunds, Chargebacks or Reversals, provided the original transaction was subject to a hold. Other conditions of held funds: You direct us to make any payments, reversals or refunds from held funds to a person entitled to them in accordance with this agreement. We may remove held funds from your account in accordance with this agreement Funds subject to a hold may be subject to a subsequent reversal, chargeback or claim, even after the hold has been released. Release amounts If you are a seller, we may limit the amount you can withdraw or use from your PayPal balance to help protect us and our users from the risk of financial or other loss. The amount of your PayPal balance that will be available for immediate withdrawal or use is called a “release amount”. We will notify you of the terms of any release amount we apply to your account. In the event you do not agree to the terms of a release amount, you may close your account unless otherwise prohibited under this agreement. However, if your account is closed for any reason, we may hold the amount retained in your PayPal account for up to 180 days. You may request an increase to your release amount once every 30 days. Reserves We may place a reserve on funds held in your account at any time where we reasonably believe there may be a higher than acceptable level of risk associated with you, your PayPal account, your business model, or your transactions. The reserve helps protect us and our users from the risk of financial or other loss. There are two types of reserves that may be placed on your PayPal account, and one or both may be applied at the same time: A Rolling reserve is a reserve where a percentage of each transaction you receive each day is held and then released later on a scheduled basis. For example, your reserve could be set at 10% and held for a 90-day rolling period – meaning 10% of the money you receive on day 1 is held and then released on day 91, 10% of the money you receive on day 2 is held until day 92, etc. Rolling reserves are the most common type of reserve. A Minimum reserve is a specific minimum amount of money that you're required to keep available in your PayPal balance at all times. The minimum reserve is either taken as an upfront amount deposited all at once or is established on a rolling basis from percentages of sales until the minimum reserve is achieved, much like a rolling reserve. If we place a reserve on funds in your account, the funds will be shown as “pending and we'll notify you of the terms of the reserve. If we change the terms of the reserve due to a change in our risk assessment, we'll notify you of the new terms. In the event you do not agree to the terms of the reserve, you may close your account unless otherwise prohibited under this agreement. However, if your account is closed for any reason, we have the right to hold part or all of the reserve for up to 180 days. We may also limit the amount you can immediately withdraw, delay payment for withdrawals, set-off amounts from your balance and/or require that you, or a person associated with you, enter into other forms of security arrangements with us in order to manage risk. You will, at your own expense, undertake any further action required to establish a reserve or other form of security if we determine that there is risk associated with your account. Account Limitations Limitations are implemented to help protect PayPal, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your PayPal account open. We may limit your access to sending, receiving or withdrawing funds for up to 180 days. A limitation may remain beyond 180 days if we reasonably believe there is still a risk to the integrity, security or reliability of us or our systems. There are several reasons why your PayPal account could be limited, including: If we hold a reasonable belief that there is an increased risk associated with your PayPal account or other service you receive from us or one of our affiliates. If your account is associated with another account or service you receive from us, one of our affiliates or eBay which has been limited, is not in good standing, or poses a risk to the integrity, security or reliability of us or our systems. If we suspect someone could be using your PayPal account without your knowledge, we'll limit it for your protection and look into the fraudulent activity. If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorised transfers between your PayPal account and your bank account. In order to comply with the law. If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy. Seller performance indicating your PayPal account is high risk. Examples include: indications of poor seller performance because you've received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, such as jewelry, or if your typical sales volume increases rapidly. Reports of unauthorised or unusual card use associated with the account. Reports of unauthorised or unusual bank account use associated with the account. Abuse by a buyer of the reversal process provided by the buyer's bank or card provider. Abuse by a buyer or seller of the PayPal Buyer Protection Policy or PayPal Seller Protection Policy. Multiple disputes from your customers received regarding about non-despatch of goods, non-delivery of services, goods not as described or problems with goods shipped. Receipt of potentially fraudulent funds. Facilitation of fraudulent activity. Excessive disputes or reversals. Attempts to "double dip" by receiving funds in a dispute both from us and through a reversal or a refund from the seller or a third party. Refusal to cooperate in an investigation or with our requirements to verify your identity when requested. Initiation of transactions considered to be cash advances or assisting in cash advances. Sending unsolicited emails or posting referral links on websites where they are not permitted. Material breaches of this agreement or any of its incorporated policies. A risk assessment of your account conducted by us. The name on the Nominated Bank Account or Card not matching the name on your account. Return of an incoming electronic funds transfer for insufficient funds or incorrect bank details. Use of an anonymising proxy. Reports from credit agencies of a high level of risk. Use of your account is deemed by us, Visa, MasterCard, Discover or American Express to constitute abuse of the card system or a violation of card association rules, including using our system to test card behaviours. Logging in from a country not included in PayPal's permitted countries list. The occurrence of an insolvency event. Failure to provide us with information about you or your business activities that we may reasonably request. Any other activities which we reasonably deem as high risk selling or receiving activity. You must resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect PayPal, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. The actions we may take include: Return funds to the sender and restore access to your account; Continue to limit your account access to protect us against the risk of reversals, legal and/or regulatory risk or because we may be prohibited by law from releasing funds or unrestricting your account; Close your account by giving you notice and returning any funds held in your balance to you, less funds in dispute. If you are later determined to be entitled to funds in dispute we will return those funds to you; or Refuse to provide our services to you in the future. There may be certain situations where there is no specific action that you can take to help remove the limitation (for example, the limitation is put in place due to policies we have to ensure we're in compliance with laws). If you find that your PayPal account has been limited, you should either review the email you receive from us informing you that your PayPal account is limited, or log in to your PayPal account for additional details about the limitation on your PayPal account. Court Orders, Regulatory Requirements or Other Legal Process If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your PayPal account, placing a reserve or limitation on your PayPal account, or releasing your funds. We will decide, in our sole discretion acting reasonably, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your PayPal account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days. Liability for Unauthorised Transactions and Other Errors Protection from Unauthorised Transactions This section applies to individuals only. It does not apply to non-sole trader businesses. Liability for unauthorised transactions If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; A security key or password was forged, faulty, expired or cancelled; A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); A transaction was incorrectly debited more than once; or An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: When you became aware of the security compromise or should reasonably have become aware of it. When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: $150, or a lower figure determined by us; The accessed balance of your account; or The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions. Processing Errors We will rectify any processing error that we discover. If the error results in: You receiving less than the correct amount to which you were entitled, then we will credit your PayPal account for the difference between what you should have received and what you actually received. You receiving more than the correct amount to which you were entitled, then we will debit your PayPal account for the difference between what you actually received and what you should have received. Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless: through no fault of ours, you did not have enough available funds to complete the transaction; our system was not working properly and you knew about the breakdown when you started the transaction; or the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions. Processing errors are not: Delays that result from PayPal applying holds, limitations or reserves. Delays based on a payment review. Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations. Your errors in making a transaction (for example, mistyping an amount of money that you are sending). Other Legal Terms Communications Between You and Us This agreement and any other agreements you have with us may be provided electronically. PayPal may communicate with you about your PayPal account and the PayPal services electronically. You will be considered to have received a communication from us, if it's delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it's delivered by mail, 3 business days after we send it. Except as otherwise set out in this agreement, written notices to PayPal must be sent by postal mail to: PayPal Australia GPO Box 351 Sydney NSW 2001 PayPal's Rights PayPal suspension and termination rights PayPal, in its sole discretion and acting reasonably, may Terminate or suspend an account immediately for any material breach of the agreement or the Acceptable Use Policy or breach of any law, or where PayPal forms a reasonable belief that the account poses an unacceptably high risk to it or to other users; or Terminate or suspend an account at any time so as to protect its legitimate interests, including if it is unable to continue to offer the services to a user, subject to the provision of reasonable notice. Security interest If you hold a business account, to secure your obligations to us under this agreement and any other agreement we enter into with you for the provision of our services, you grant us a security interest over the funds held in your PayPal balance under this agreement at any time. In addition to any of our rights under applicable law, you authorise us at any time, without notice or demand to you or to any other person, to exercise our rights under this agreement to deal with your PayPal balance. If you hold a business account, you agree to execute and deliver to us any instruments and documents that we may reasonably request to perfect any security interest created under this agreement, including assisting with and paying for any costs of registration of the security interest on the Personal Property Securities Register. Amounts owed to PayPal If you owe any amount to us, our affiliates or eBay you agree to allow the recovery of these amounts by debiting your account promptly after we form a conclusion on reasonable grounds that payment will not be received in full for any reason. If there are insufficient funds in your account to cover any amount you owe us, our affiliates or eBay, the amount becomes immediately due and payable by you and you authorise us to satisfy any of these debts by: Debiting your account at a later date; Debiting a preferred payment method; Setting off the credit balance of any account you have with us or any monetary liability we owe you and towards satisfaction of your debt; or Any other legal means. If you have a negative PayPal balance in non-Australian dollars for 21 days or longer, you authorise PayPal to convert it to Australian dollars, and you will be required to pay any applicable currency conversion fee. Assumption of rights If PayPal invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that PayPal assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in PayPal's discretion. No waiver Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. Indemnification and Limitation of Liability In this section, we use the term “PayPal” to refer to PayPal Australia Pty Ltd, our ultimate parent, PayPal Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with. Indemnification You indemnify and hold us, our affiliates, and each of their officers, directors and employees harmless from any claim or loss (including legal fees) arising out of or in connection with: Your breach of this agreement, the Paypal Acceptable Use Policy, the Commercial Entity Agreement (if they apply to you) or any other agreement between you and PayPal; Your breach of any law; Your breach of any right of a third party; An act or omission of a person you authorise to access your account; or Subject to the ePayments Code, an act or omission of a person not authorised to access your account as a result of your negligence. Your liability under this clause will be proportionally reduced to the extent that PayPal caused or contributed to the relevant claim or loss, or where PayPal failed to take reasonable steps to mitigate the relevant claim or loss. If you hold a business account, you indemnify us for all costs, claims, expenses, suits or demands we incur arising from chargebacks, reversals or refunds raised with respect to your account and effected in accordance with this agreement. Limitation of liability PayPal's liability is limited with respect to your PayPal account and your use of the PayPal services. To the maximum extent permitted by law (and subject to our liability under any Consumer Guarantee), and to the extent that PayPal's liability is not otherwise limited by this part or any other term of this agreement in no event will PayPal be liable for Consequential Loss (whether the claim is in relation to the loss or damages arises under statute, in contract or in tort (including negligence) or otherwise) arising out of or in connection with: Our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf; Any of the PayPal services; or This agreement. To the maximum extent permitted by law (and subject to our liability under Consumer Guarantee that may apply), in no event will PayPal be liable to you for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with: Your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf, or any of the PayPal services; Delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf and any of the PayPal services; Viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or any of the PayPal services or any website or service linked to our websites, software or any of the PayPal services; Glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or any of the PayPal services or in the information and graphics obtained from them; The content, actions, or inactions of third parties; A suspension or other action taken with respect to your PayPal account; or Your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or PayPal's policies. To the extent our liability is not otherwise limited by this part, and to the maximum extent permitted by applicable law, PayPal is not liable for Consequential Loss. To the maximum extent permitted by law, our liability for any breach or non-compliance with a Consumer Guarantee is limited to doing one or more of the following (at our election): In the case of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things; or In the case of services, to resupplying the services or payment of the cost of their re supply. Disclaimer of Warranty and Release No warranty Subject to the operation of any Consumer Guarantee, any other law in relation to the goods and services provided under this agreement, or any other express warranty or representation we make in this agreement: The PayPal services are provided “as-is” and no condition or warranty in relation to any good or services supplied by PayPal is to be implied in this agreement, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. PayPal does not have any control over the products or services provided by sellers who accept PayPal as a payment method, and PayPal cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorised to do so. PayPal does not guarantee continuous, uninterrupted or secure access to any part of the PayPal services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. PayPal will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed in a timely manner but PayPal makes no representations or warranties regarding the amount of time needed to complete processing because the PayPal services are dependent upon many factors outside of our control, such as delays in the banking system. Release of PayPal If you have a dispute with any other PayPal account holder, you release PayPal from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Intellectual Property PayPal's trademarks "PayPal.com," "PayPal," and all logos related to the PayPal services are either trademarks or registered trademarks of PayPal, Inc. or its licensors. You may not copy, imitate, modify or use them without PayPal's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by PayPal for the purpose of directing web traffic to the PayPal services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes PayPal or the PayPal services or display them in any manner that implies PayPal's sponsorship or endorsement. All right, title and interest in and to the PayPal websites, any content thereon, the PayPal services, the technology related to the PayPal services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of PayPal and its licensors. License grants, generally If you are using PayPal software such as an API, developer's toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then PayPal grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use PayPal's software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the PayPal services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, PayPal and third parties. PayPal may update or discontinue any software upon notice to you. While PayPal may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the PayPal services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to PayPal's software are owned by PayPal and any third party materials integrated therein are owned by PayPal's third party service providers. Any other third party software application you use on the PayPal websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that PayPal does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the PayPal services. License grant from you to PayPal; intellectual property warranties PayPal does not claim ownership of the content that you provide, upload, submit or send to PayPal. Nor does PayPal claim ownership of the content you host on third-party websites or applications that use PayPal services to provide payments services related to your content. Subject to the next paragraph, when you provide content to PayPal or post content using PayPal services, you grant PayPal (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. PayPal will not compensate you for any of your content. You acknowledge that PayPal's use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against PayPal. License grant from sellers to PayPal Notwithstanding the provisions of the prior paragraph, if you are a seller using the PayPal services to accept payments for goods and services, you hereby grant PayPal and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a PayPal service as a payment form, and (2) any other use to which you specifically consent. Miscellaneous Assignment You may not transfer or assign any rights or obligations you have under this user agreement without PayPal's prior written consent. PayPal may transfer or assign this user agreement or any right or obligation under this user agreement at any time. We will notify you of such a transfer or assignment. Business days “Business day” means days that banks are open for business in Sydney, New South Wales, Australia. Consequential Loss “Consequential loss” means any Loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity. Consumer guarantee A “consumer guarantee” is a right you may have under consumer protection laws against providers of goods or services. Insolvency event An “insolvency event” can mean many things because there are different types of insolvency and it depends on whether you are an individual or a business. Insolvency events are the happening of any of these events: (a) You suspend payment of debts or cannot pay debts as and when they fall due; (b) Where you are a body corporate: You become an externally-administered or deregistered body corporate under the Corporations Act 2001; Steps are taken by any person towards making you an externally-administered body corporate; A controller (as defined in section 9 of the Corporations Act 2001) is appointed for any of your property or any steps are taken for the appointment of a controller (but not where the steps taken are reversed or abandoned within 14 days); or You are taken to have failed to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001; or (c) Where you are a natural person: You authorise a registered trustee or solicitor to call a meeting of your creditors or propose or enter into a deed of assignment or deed of arrangement or a composition with any creditors; A person holding a security interest in your assets takes any steps to or enters into possession or control of any of those assets; or You commit an act of bankruptcy; or (d) An event happens analogous to an event specified above to which the law of another jurisdiction applies and the event has an effect in that jurisdiction similar to the effect which the event would have had if Australian law applied. Consumer fraud warning We're always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams: Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be PayPal or coming from PayPal but asks you to send money outside your PayPal account. Relative in Need: a scammer impersonates a family member (commonly grandchildren) and claims there is an emergency requiring you to send money. Lottery or Prize: a scammer informs you that you've won a lottery or prize and must send money in order to claim it. Debt Collection: a scammer impersonates a debt collector and induces you to send money using threats or intimidation. Employment Related: a scammer instructs you to send money in connection with a fraudulent offer of employment. Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Remember that if you don't send the payment through your PayPal account, you're not eligible for PayPal Buyer Protection. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us. Dormant accounts If you do not access log in to your PayPal account for two or more years, PayPal may close your PayPal account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies. Governing law This agreement is governed by the law in force in New South Wales. Identity authentication You authorise PayPal, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include: Asking you for further information, Requiring you to take steps to confirm ownership of your email address or financial instruments, Ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other sources. Requiring you to provide your driver licence or other identifying documents. Anti-money laundering and counter-terrorism financing laws may require that we verify your identity. PayPal reserves the right to close, suspend, or limit access to your PayPal account and/or the PayPal services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity. PayPal is only a payment service provider We act as a payment service provider only. We do not: Act as a common carrier or public utility; Act as an escrow agent with respect to any funds kept in your account; Act as your agent or trustee; Enter into a partnership, joint venture, agency or employment relationship with you; Guarantee the identity of any buyer or seller; Determine if you are liable for any taxes; or Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services. Severability If any provision of this agreement is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. This agreement will otherwise remain in full force and effect and be enforceable. Your use (as a seller) of personal data; Data protection laws If you (as a seller) receive personal data about another PayPal customer, you must keep such personal data confidential and only use it in connection with the PayPal services. You may not disclose or distribute any personal data about PayPal customers to a third party or use such personal data for marketing purposes unless you receive that customer's express consent to do so. You may not send unsolicited emails to a PayPal customer or use the PayPal services to collect payments to send, or assist in sending, unsolicited emails to third parties. To the extent that you process any personal data about a PayPal customer pursuant to this agreement, you and PayPal will each be an independent data controller (and not joint controllers), meaning we will each separately determine the purposes and means of processing such personal data. We each agree to comply with the requirements of any applicable privacy and data protection laws, including any applicable regulations, directives, codes of practice, and regulatory requirements applicable to data controllers in connection with this agreement. We each also have and will follow our own independently-determined privacy statements, notices, policies, and procedures for any such personal data that we process in connection with this agreement. In complying with the applicable data protection laws, we will each: implement and maintain all appropriate security measures in relation to the processing of such personal data; maintain a record of all processing activities carried out under this agreement; and not knowingly or intentionally do anything, or knowingly or intentionally permit anything to be done, which might lead to a breach by the other party of the applicable data protection laws. Any personal data you collect in connection with the PayPal services (and not otherwise generated, collected, or obtained by you through a customer's separate relationship with you outside the use of the PayPal services) will be used by you only to the limited extent that is necessary and relevant to the PayPal services and for no other purpose unless you have obtained the prior express consent of the customer. DHHS Privacy Statement The department endorses fair information handling practices and uses of information in compliance with its obligations under the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic) We protect the privacy of your personal information. We endorse fair information handling practices and use of information in compliance with our obligations under the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic). Personal information will be used only for the intended purpose. Where the intention includes confidentiality, information will be treated as such unless otherwise required by law. This privacy statement explains how your personal information (being information capable of identifying you as an individual) will be treated as you access and interact with this website. The practices outlined in this privacy statement are subject to any rights we may have to handle personal information in accordance with the privacy legislation. Collection of your personal information The personal information we collect via this website may include: The content in electronic forms that you submit via this website. For example a request to provide services, information or to take action Information submitted by you in an online survey Messages or comments, including personal information such as name, email address and telephone number, you submit to us via this website. For example through email addresses displayed on this website. Email addresses on this site will only be used to respond to specific user queries and will not be added to any mailing lists, nor disclosed to any other party without users' knowledge and consent, unless required by law. Where personal information is collected directly from you on our web pages, a specific privacy notification can be viewed by clicking on the privacy statement tag at the bottom of the online form. Expand all Privacy collection notice for COVID-19 testing Web statistical data collection Pages on the site may be coded with Google Analytics software. This is transparent to the user, as the software makes use of JavaScript code in the source HTML of the web page. This JavaScript stores a first-party cookie in your browser, which contains a unique identifier, and sends information to Google Analytics. This enables Google Analytics to track the number of unique visitors to the site. In no way does this unique identifier identify a user personally. We do not and will not marry any data collected by Google Analytics with any personal information. While you can browse this website anonymously, without disclosing your personal information, we may not be able to provide the full range of services through this website if we are not provided with the information outlined above. Use and disclosure of your personal information Where we collect personal information from you via our website, a privacy disclaimer will indicate which third parties we might share your information with (if any). In addition to providing our services to you and carrying out your requests, we may use or disclose personal information that we collect about you for purposes including the following: For the purpose that we have collected the information Purposes related to our research, planning, product and service development, security and testing Purposes connected with the operation, administration, development or enhancement of this website Where we suspect that fraud or unlawful activity has been, is being or may be engaged in Any other purposes required or authorised by law. We may share personal information within the department and with third parties. The types of third parties to whom we may disclose your personal information includes our contracted service providers who assist us in providing this website and delivering our services such as our community service partners, organisations who provide archival, auditing, professional advisory, banking, mailhouse, delivery, recruitment, call centre, information technology, research, utility and security services. We may also disclose your personal information to your authorised representatives or third parties acting on your behalf, for example your solicitor or interpreter. If you have made an online application, your application will be forwarded to the appropriate Department of Health and Human Services divisions or agency and any other third parties to whom your application relates or who can assist in processing your application and delivering the service to you. Security We have implemented technology and security policies, rules and measures to protect the personal information that we have under our control. However, you should be aware that there are risks in transmitting information across the Internet. So while we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us online and individuals do so at their own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification and disclosure. If you are concerned about conveying sensitive material to us over the Internet, you might prefer to contact us by telephone or mail. We will remove personal information from our system where it is no longer required (except where archiving is required and in order to fulfil our obligations under the Public Records Act 1973 (Vic)). We take additional steps to protect the security of your personal information, such as strong 128-bit SSL encryption. Before using these facilities, you should ensure that you are using a web browser that supports 128-bit encryption. In many web browsers, you can confirm that your session is encrypted by the appearance of a locked padlock symbol located in the browser status bar at the foot of the browser. Feedback, information request form and email We may preserve the content of any feedback form, information request form, email or other electronic message that we receive. Any personal information contained in that message will only be used or disclosed in ways set out in this Website Privacy Statement. We will not use that information to add you to a mailing list without your consent. Links to external websites This privacy statement does not extend beyond this website. When following links to other sites from this website, we recommend that you read the privacy statement of that site to familiarise yourself with its privacy practices. Clickstream data This website's web server automatically records non-personal clickstream data. To the extent that any clickstream data could make you identifiable, we will not attempt to identify you from clickstream data unless required by law or to investigate suspected improper activity in relation to the website or to assist in law enforcement. The following clickstream data are automatically recorded by this website’s web server for statistical and system administration purposes only: Your IP address Your domain name (e.g. yahoo.com, gmail.com, etc) The date and the time of your visit to the site The pages you accessed and files downloaded The address of the last site you visited Your operating system The type of browser you are using. Cookies Like many sites, this website may use cookies from time to time. Cookies are small data files that a website is able to place on a user’s hard drive to record aspects of that user’s experience of the website. For example, we may use cookies to record that a user visited a particular section of the website, that their browsing software was a particular version or to ensure that online applications and transactions do not require you to re-input information when moving between web pages. In this way, cookies can improve the operation of the website, and make the experience more efficient, more enjoyable or more personalised. Importantly, in depositing information on a user’s computer and referring to it later in the same session (sessional) or on a subsequent visit (persistent), cookies do not need to identify the user or record any personal information. The default settings of browsers like Chrome, Firefox, Internet Explorer and Safari may allow some or all cookies, but users can easily take steps to erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. However, some parts of sites may not function fully for users that disallow cookies. Access and correction You can request access to or correction of personal and health information held by the department. For information on making an FOI application, please visit our Freedom of Information page or contact the Freedom of Information Officer: Freedom of Information Unit Department of Health and Human Services Postal address: GPO BOX 4057, MELBOURNE, VIC 3001 Street address: 50 Lonsdale Street, MELBOURNE, VIC 3000 Phone: (03) 9096 8449 or 1300 650 172 Fax: (03) 9096 8848 Email the Freedom of Information unit. For information on the department's Privacy policy or on how the department manages privacy, please contact the Privacy manager: Department of Health and Human Services Postal Address: GPO BOX 4057, Melbourne VIC 3001 Street Address: 50 Lonsdale Street, Melbourne VIC 3000 Ph: 1300 884 706 Email: Privacy unit. Further information on data protection can be found on the Office of the Victorian Information Commissioner website. Myki Direct DebitService Agreement This is your Direct Debit Service Agreement with the Department of Transport formerly known as Public Transport Victoria (PTV), user ID no. 317213 ABN 69 981 208 782. It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider.Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.The terms of this Direct Debit Agreement relate to the request made by you to debit the amount of funds you have nominated from the account you have nominated and for the same value in the form of myki money to be credited to the myki Card Account you have nominated.Definitionsaccount means the account held at your financial institution from which we are authorised to arrange for funds to be debited.agreement means this Direct Debit Request Service Agreement between you and us.banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.debit day means the day that payment by you to us is due.debit payment means a particular transaction where a debit is made.direct debit request means the Direct Debit Request between us and you.us or we means the Department of Transport, formerly known as Public Transport Victoria (PTV), (the Debit User) you have authorised by requesting a Direct Debit Request.you means the customer who has signed or authorised by other means the Direct Debit Request.your financial institution means the financial institution nominated by you on the DDR at which the account is maintained.1. Debiting your account1.1 By signing a Direct Debit Request or by providing us with a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request.orWe will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct DebitRequest, a billing advice which specifies the amount payable by you to us and when it is due.1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.2. Amendments by us2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.3. Amendments by youYou may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 7 working days notification:online at ptv.vic.gov.au (via your myki account)orby telephoning us on 1800 800 007 (6am – midnight daily);orarranging it through your own financial institution, which is required to act promptly on your instructions.* Note: in relation to the above reference to ‘change’, your financial institution may ‘change’ your debit payment only to the extent of advising us [the Department of Transport] of your new account details. 4. Your obligations4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.4.2 If there are insufficient clear funds in your account to meet a debit payment: (a) you may be charged a fee and/or interest by your financial institution; (b) you may also incur fees or charges imposed or incurred by us; and (c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment. (d)If a drawing is dishonoured, the Department of Transport (formerly known as PTV) reserves the right to (without notice to you) debit your nominated myki card for the same value as previously credited to that card with respect to the dishonoured amount together with any costs incurred by the Department of Transport with respect to the dishonoured amount.4.3 Yo u will not transfer or close the nominated account without making prior arrangements with the Department of Transport for an alternate account to be nominated or to request that your DDR facility with the Department of Transport (formerly known as PTV) be terminated.4.4 Yo u should check your account statement to verify that the amounts debited from your account are correct.5. Dispute5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1800 800 007 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively you can take it up directly with your financial institution.5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your queryby arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to yourquery by providing you with reasons and any evidence for this finding in writing.6. AccountsYo u should check:(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.(b) with your financial institution whether Bulk Electronic Clearing System (BECS) is available from your account as BECS may not be available on all accounts offered by financial institutions. (c) your account details which you have provided to us are correct by checking them against a recent account statement; and(d) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.7. Confidentiality7. 1We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.7. 2We will only disclose information that we have about you:(a) to the extent specifically required by law; or(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).8. Notice8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to:Department of TransportPO Box 4724, Melbourne 30018.2 We will notify you by sending a notice via:(a) email to the email address you have given us in the Direct Debit Request; or(b) ordinary post to the address you have given us in the Direct Debit Request.8.3 Any notice will be deemed to have been received on the third banking day after posting.9. CommunicationPlease direct all queries and communication regarding your Direct Debit Request arrangements to the Department of Transport (formerly known as PTV) by contacting the PTV call centre on telephone 1800 800 007.For more information on Direct Debit arrangements please visit ptv.vic.gov.au or call 1800 800 007. Human Rights Arts and Film Festival NOTICE OF FILMING AND PHOTOGRAPHY: Attendees consent to their filming and sound recording as members of the audience at any events put on by the Human Rights Arts & Film Festival. By attending the Human Rights Arts & Film Festival you agree to being filmed or photographed which may be used for marketing or promotional purposes. Please be aware that by attending any events as part of the Human Rights Arts & Film Festival, you consent to your voice, name, and/or likeness being used, without compensation, in films and tapes for exploitation in any and all media, whether now known or hereafter devised, for eternity, and you release the Human Rights Arts & Film Festival, its successors, assigns and licensees from any liability whatsoever of any nature. Please do not attend if you do not wish to be subject to the foregoing. TICKETING: Please note that all ticket orders are non-refundable, unless a ticket holder is unwell. WEBSITE & DIGITAL: The Human Rights Arts & Film Festival website consists of various web pages operated by Human Rights Arts & Film Festival. The Human Rights Arts & Film Festival website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Human Rights Arts & Film Festival website constitutes your agreement to all such terms, conditions, and notices. MODIFICATION OF THESE TERMS OF USE Human Rights Arts & Film Festival reserves the right to change the terms, conditions, and notices under which the Human Rights Arts & Film Festival website is offered, including but not limited to the charges associated with the use of the Human Rights Arts & Film Festival website. LINKS TO THIRD PARTY SITES The Human Rights Arts & Film Festival website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Human Rights Arts & Film Festival and Human Rights Arts & Film Festival is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Human Rights Arts & Film Festival is not responsible for webcasting or any other form of transmission received from any Linked Site. Human Rights Arts & Film Festival is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Human Rights Arts & Film Festival of the site or any association with its operators. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Human Rights Arts & Film Festival website, you warrant to Human Rights Arts & Film Festival that you will not use the Human Rights Arts & Film Festival website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.You may not use the Human Rights Arts & Film Festival website in any manner which could damage, disable, overburden, or impair the Human Rights Arts & Film Festival website or interfere with any other party’s use and enjoyment of the Human Rights Arts & Film Festival website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Human Rights Arts & Film Festival websites. USE OF COMMUNICATION SERVICES The Human Rights Arts & Film Festival website may contain bulletin board services, chat areas,news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including email addresses,without their consent. Violate any applicable laws or regulations. Human Rights Arts & Film Festival has no obligation to monitor the Communication Services. However, the Human Rights Arts & Film Festival reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Human Rights Arts & Film Festival reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Human Rights Arts & Film Festival reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Human Rights Arts & Film Festival’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Human Rights Arts & Film Festival does not control or endorse the content, messages or information found in any Communication Service and,therefore, Human Rights Arts & Film Festival specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Human Rights Arts & Film Festival spokespersons, and their views do not necessarily reflect those of Human Rights Arts &Film Festival. Materials uploaded to a Communication Service may be subject to posted limitations on usage,reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. MATERIALS PROVIDED TO Human Rights Arts & Film Festival OR POSTED AT ANY Human Rights Arts & Film Festival website. Human Rights Arts & Film Festival does not claim ownership of the materials you provide to Human Rights Arts & Film Festival (including feedback and suggestions) or post, upload, input or submit to any Human Rights Arts & Film Festival website or its associated services(collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Human Rights Arts & Film Festival, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute,transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.Human Rights Arts & Film Festival is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Human Rights Arts & Film Festival’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Human Rights Arts & Film Festival website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Human Rights Arts & Film Festival AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Human Rights Arts & Film Festival website AT ANY TIME. ADVICE RECEIVED VIA THE Human Rights Arts & Film Festival website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Human Rights Arts & Film Festival AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Human Rights Arts & Film Festival website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”WITHOUT WARRANTY OR CONDITION OF ANY KIND. Human Rights Arts & Film Festival AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Human Rights Arts & Film Festival AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Human Rights Arts & Film Festival website, WITH THE DELAY OR INABILITY TO USE THE Human Rights Arts & Film Festival website OR RELATED SERVICES,THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Human Rights Arts & Film Festival website, OR OTHERWISE ARISING OUT OF THE USE OF THE Human Rights Arts & Film Festival website, WHETHER BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Human Rights Arts & Film Festival OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Human Rights Arts & Film Festival website, OR WITH ANY OF THESE TERMS OF USE,YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Human Rights Arts& Film Festival website. SERVICE CONTACT : info@hraff.org.au TERMINATION/ACCESS RESTRICTION Human Rights Arts & Film Festival reserves the right, in its sole discretion, to terminate your access to the Human Rights Arts & Film Festival website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Human Rights Arts & Film Festival website.Use of the Human Rights Arts & Film Festival website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Human Rights Arts & Film Festival as a result of this agreement or use of the Human Rights Arts & Film Festival website. Human Rights Arts & Film Festival’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Human Rights Arts & Film Festival’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Human Rights Arts & Film Festival website or information provided to or gathered by Human Rights Arts & Film Festival with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Human Rights Arts & Film Festival with respect to the Human Rights Arts & Film Festival website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Human Rights Arts & Film Festival with respect to the Human Rights Arts & Film Festival website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. COPYRIGHT AND TRADEMARK NOTICES All contents of the Human Rights Arts & Film Festival website are: Copyright 2010 Human Rights Arts & Film Festival and/or its suppliers. All rights reserved. TRADEMARKS The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement. Product Disclosure Statement Google Payment Australia Pty Limited (ACN 122 560 123; Australian financial services licence No. 318755) By clicking "Accept" below, I confirm that I have read and accept the terms of the Product Disclosure Statement/Terms of Service Document and agree to receive them online. Table of Contents 1. Issuer 2. About this PDS 3. About the Google Payments Service 4. Terms of Service 5. Types of Google Payments Service Accounts 6. What are the risks associated with using the Google Payments Service? 7. What are the benefits associated with using the Google Payments Service? 8. Fees and Other Costs Buyer Fee and Other Costs Seller Fees and Other Costs 9. Dispute Resolution 10. Responsibility for Taxes Schedule 1: Buyers Terms of Service Schedule 2: Sellers Terms of Service This document consists of a "Product Disclosure Statement" ("PDS") and "Terms of Service" (contained in Schedules 1 and 2). These materials contain your rights and obligations when using the Google Payments buyer and/or seller payment service ("Google Payments Service"), as well as the rights and obligations of Google Payment Australia Pty Ltd and Google. Please read them carefully. You agree that your registration for and use of the Google Payments Service constitutes your acceptance of the PDS and the Terms of Service as amended from time to time. The PDS and the Terms of Service as amended from time to time apply to your use of the Google Payments Service. All future changes set out in a notice or update from Google Payment Australia Pty Ltd are incorporated by reference into this PDS and/or Terms of Service (as applicable) and the changes will take effect on the date specified in the notice or update. If you do not want to be bound by this PDS and the Terms of Service, you must stop using Google Payments Service. 1. Issuer 1.1 This PDS is dated 11 May 2019 and issued by Google Payment Australia Pty Ltd (ACN 122 560 123, Australian financial services licence No 318755) ("GPAL"). 1.2 The Google Payments Service (previously known as Google Checkout) is operated in Australia by GPAL, located at: Level 5 48 Pirrama Road Pyrmont, NSW 2009 1.3 GPAL holds an Australian financial services licence under which it is authorised to offer the Google Payments Service as a "non-cash payment product". GPAL is not licensed as a bank or other authorised deposit-taking institution in Australia and does not provide banking services. 2. About this PDS 2.1 This PDS only applies to you if you receive it in Australia. 2.2 The purpose of this PDS is to give you information you may require to make an informed decision about whether to use the Google Payments Service in Australia and other important information about the Google Payments Service. Any information contained in this PDS is general information only and is not intended to constitute advice, nor is it a recommendation or an opinion that the Google Payments Service is suitable for or takes into account, your specific objectives, financial situation or particular needs. 2.3 The information in this PDS is current as at the date of this PDS. 2.4 GPAL may change some of the information in the PDS that is not materially adverse from time to time without needing to notify you. You may review that changed information and the current version of this PDS at any time by visiting the website. To access previous versions, please click here. Should you require it, GPAL will provide you with a paper version of this PDS free of charge upon receipt of such request. If it becomes necessary, GPAL will issue a supplementary or replacement PDS. You may contact GPAL through the Google Payments Service contact page. All references to monetary amounts in this PDS are in Australian dollars (unless otherwise specified). 3. About the Google Payments Service 3.1 The Google Payments Service is an online payment processing service that is designed to facilitate the processing of payments by a valid payment method accepted by GPAL, between purchasers ("Buyers") and participating merchants ("Sellers"). 3.2 The Google Payments Service acts as a checkout service through which Buyers can store information (such as their credit or debit card information) that they can readily access when they are making purchases from Sellers. More information can be obtained at any time by visiting the website. 4. Terms of Service 4.1 On registering to use the Google Payments Service, both Buyers and Sellers will be bound by this PDS and the relevant Terms of Service as they apply to either a Buyer or Seller using the Google Payments Service. 4.2 The Buyers Terms of Service are set out in Schedule 1. 4.3 The Sellers Terms of Service are set out in Schedule 2. Please see Section 12 of the Sellers Terms of Service for specific provisions applicable to transactions on Google Play and other Google marketplaces ("Google Marketplaces"). 4.4 Prior to using the Google Payments Service, Buyers and Sellers need to read, agree to be bound by, and accept the Terms of Service and all of the policies incorporated under those Terms of Service as they apply to either a Buyer or Seller using the Google Payments Service. 4.5 Unless otherwise defined in this PDS, capitalised terms have the same meaning as set out in the Buyers Terms of Service or the Sellers Terms of Service (as applicable). 4.6 Payment Instruments (as defined in the Buyers Terms of Service) saved to your Google Payments account may be presented to you under the Google Pay brand, but continue to be governed by this PDS and the Terms of Service (contained in Schedules 1 and 2) when used in connection with the services or offerings described in this PDS and in the Terms of Service (contained in Schedules 1 and 2). 5. Types of Google Payments Service Accounts 5.1 There are two types of Google Payments Service accounts: 5.1.1 a Google Payments Buyers account, referred to here as a "Buyers Account"; and 5.1.2 a Google Payments Sellers account, referred to here as a "Sellers Account." 5.2 The two different types of accounts have the following features: Buyers Account 5.2.1 For a Buyer, GPAL will process payments on behalf of the Sellers you transact with using Google Payments, a feature of the Google Payments Service. 5.2.2 As a Buyer, your account will contain all the necessary information you need to make a purchase online, including your shipping or postage details, preferred method of payment and payment details. 5.2.3 Establishing a Buyers Account will allow GPAL to: a. store Buyer's information, including Payment Instrument ; b. process payment transactions by a Buyer on behalf of a Seller; c. display the Buyer's Google Play Gift Card balance; and d. delay payment processing where the transaction is deemed suspicious or transactions which may involve fraud, misconduct or violate an applicable law, the Buyers Terms of Service or GPAL or Google policies referred to in the Buyers Terms of Service. 5.2.4 The benefits of establishing a Buyers Account include allowing a Buyer to easily manage purchases in a central location, fraud protection, and a single login for ease of making online purchases. 5.2.5 Using Google Payments Service, Buyers can purchase products from Sellers. 5.2.6 However, a Buyer cannot do the following using the Buyer's Account: a. process payments or transfer money otherwise than for the purchase of a product through the processing of a valid Payment Instrument; b. receive cash advances from Sellers; c. purchase cash equivalents, such as travellers cheques, prepaid cards or money orders from Sellers; or d. process payments in connection with an illegal transaction or the sale or exchange of illegal or prohibited goods or services as specified the Google Payments Service. Sellers Account 5.2.7 For a Seller, GPAL will process payments received from Buyers on your behalf using Google Payments Service. 5.2.8 A Sellers Account has the following features: a. a username, password and merchant key for added security; b. processing of payments on behalf of a Seller through the appropriate payment processing network; c.except if the Seller uses the Google Payments Service on a Google Marketplace and for digital goods, GPAL will use commercially reasonable efforts to electronically transfer funds for Payment Transactions (as defined in the Sellers Terms of Service) to a Seller's Settlement Account (as defined in the Sellers Terms of Service) before the end of the second business day after the day that the Payment Transaction was submitted for capture by a Seller, unless otherwise agreed between the Seller and GPAL; and d. if the Seller uses the Google Payments Service on a Google Marketplace, and for digital goods, GPAL will use commercially reasonable efforts to electronically transfer funds for Payment Transactions (as defined in the Sellers Terms of Service) submitted for capture by Seller within a calendar month to Seller's Settlement Account before the close of business on the 15th day of the following calendar month. 5.2.9 The benefits of establishing a Sellers Account include: a. streamlined payment processing; b. fraud protection; and c. chargeback resolution. 5.2.10 By using the Google Payments Service, Sellers can receive payments and process transactions from a Buyer, being a person or entity registered to use Google Payments; 5.2.11 However, a Seller cannot do the following using the Sellers Account: a. process payments or transfer money otherwise than for the purchase of a product through the processing of a valid Payment Instrument (as defined in the Sellers Terms of Service); b. receive cash advances from Buyers or other Sellers; c. purchase cash equivalents, such as travellers cheques, prepaid cards or money orders from other Sellers; or d. process payments in connection with an illegal transaction or the sale or exchange of illegal or prohibited goods or services as specified by the Google Payments Service. Registering for a Buyers Account 5.2.12 A Buyer intending to register to use Google Payments must: a. be at least 18 years old. However, a Buyer who is between 13 and 17 years old and intending to redeem a Google Play Gift Card may also register for a Buyers Account to use Google Payments for the sole and limited purpose of redeeming Google Play Gift Cards on Google Play; b. be capable of entering into a legally binding agreement; c. register a valid Payment Instrument (as defined in the Buyers Terms of Service); d. provide current, complete and accurate registration information; e. provide additional information where required by GPAL in accordance with the Buyers Terms of Service; f. authorise GPAL to confirm that the registered Payment Instrument is in good standing with the relevant issuer of the Payment (such as the issuing financial institution or Carrier (as defined in the Buyers Terms of Service) (as applicable); and g. authorise GPAL to make background inquiries as appropriate. 5.2.13 In addition, a Buyer who is a business entity must: a. establish that it is authorised to do business in the country or countries in which it operates; and b. confirm that employees, officers, representatives and other agents who access Google Payments are duly authorised to do so and will be legally bound by any transactions conducted under the business' username and password. Registering for a Sellers Account 5.2.14 A Seller intending to register to use Google Payments must: a. provide current, complete and accurate registration information; b. provide additional information where required by GPAL in accordance with the Sellers Terms of Service; c. set up and maintain a deposit account at an Australian financial institution that is capable of receiving funds; and d. confirm that the account identified in clause 5.2.14.c is in good standing with the issuing financial institution. The requirements in 5.2.14.c and 5.2.14.d above do not apply to a Seller which is a GPAL or Google affiliate in relation to the Google Payments Service. Cooling off rights 5.2.15 There are no cooling off rights applicable to Buyers Accounts or Sellers Accounts. 6. What are the risks associated with using Google Payments Service? 6.1 Set out below are the key risks to Buyers and Sellers associated with using the Google Payments Service: 6.1.1 GPAL has no control over the description of the products being advertised or the products themselves. 6.1.2 GPAL does not endorse any information or content appearing on a Seller's website. 6.1.3 GPAL has no responsibility to the Seller to investigate the background or confirm the identity of Buyers, except to the extent required by applicable law. 6.1.4 GPAL will not be responsible in circumstances where a Buyer does not complete the purchase or payment for a product. 6.1.5 GPAL will not be obligated to settle funds to a Seller where GPAL has not received the funds in full from the Buyer or the Seller's earned balance at the time of payment or transfer is less than one dollar. 6.1.6 GPAL may pass the cost of a Buyer's chargeback rights through to the Seller. 6.1.7 GPAL may withhold payments or reverse payments where a Buyer makes a claim for a reversal or refund; or GPAL believes that the payment is invalid, involves misconduct or fraud, or otherwise violates an applicable law, the relevant Terms of Service, or GPAL or Google policies referred to in the relevant Terms of Service. 6.1.8 GPAL may setoff any payment obligation owed to a Seller against service fees owed by the Seller to GPAL, amounts overpaid to the Seller due to a later reversal, refund, chargeback or other adjustment to prior payment transactions, or any other amounts owed by the Seller to GPAL under the Sellers Terms of Service. 6.1.9 Where a Seller (other than a GPAL or Google affiliate) incurs a negative balance, GPAL may debit the Seller's Settlement Account (as defined in the Sellers Terms of Service) for that amount, or may alternatively choose to invoice the Seller for any amounts owed that are immediately due and payable. 6.1.10 Sellers choosing to provide a refund through means other than the Google Payments Service refund function will remain responsible where the transaction results in a chargeback to the Buyer. 6.1.11 Sellers may receive chargebacks relating to transactions regardless of whether their return/cancellation policy prohibits returns or cancellations. 6.1.12 GPAL may reject or delay a refund request from the Seller if GPAL is unable to obtain sufficient funds from the Seller to fund the refund. 6.1.13 The Buyer should ensure that the applicable Payment Instrument has sufficient funds to process its Payment Transactions. The Buyer consents to Seller and GPAL, acting on behalf of Seller, resubmitting the Payment Instrument for a declined or returned Payment Transaction. 7. What are the benefits associated with using the Google Payments Service? 7.1 GPAL offers increased security and protection to Buyers and Sellers using the Google Payments Service by identifying, monitoring and investigating prohibited transactions and potentially suspicious transactions. 7.2 The Google Payments Service offers access to a world-wide marketplace of buyers and sellers. 7.3 The Google Payments Service allows Buyers to use a single login to easily manage purchases in a central location. 7.4 The Google Payments Service uses a streamlined payment processing system that conceals confidential details of the Buyer's Payment Instrument (as defined in the Buyers Terms of Service). 7.5 The Google Payments Service allows Buyers to store their Payment Instrument (as defined in the Buyers Terms of Service) for easy continued use. 8. Fees and Other Costs 8.1 This section sets out the fees and costs of using the Google Payments Service for both Buyers and Sellers. Buyer Fees and Other Costs 8.1.1 GPAL does not charge the Buyer a fee for using the Google Payments Service. 8.1.2 However, the relevant Payment Instrument issuer such as the financial institution that issues, or the Carrier (as defined in the Buyers Terms of Service) that provides, the Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument (such as the debit or credit card or carrier billing account) used to purchase a product through Google Payments Service. Seller Fees and Other Costs 8.1.3 Except for Google Payments transactions on a Google Marketplace, Service Fees (as defined in the Sellers Terms of Service) payable by the Seller are set out in the relevant Fee Schedule (as defined in the Sellers Terms of Service), a copy of which can be obtained from here. Should you require it, GPAL will provide you with a paper copy of the Fee Schedule free of charge if you contact us by clicking through the Google Payments Service contact page. 8.1.4 For Google Payments transactions on a Google Marketplace, GPAL will not charge Seller any fees, and the Seller will instead pay the fees specified in the applicable Google Marketplace Terms of Service. 8.1.5 A Seller which is a GPAL or Google affiliate is not required to pay the Service Fee under the Sellers Terms of Service or the relevant Google Marketplace Terms of Service. 9. Dispute Resolution 9.1 GPAL has established a number of internal policies and procedures to assist Buyers and Sellers in the resolution of disputes regarding payment transactions using the Google Payments Service generally. 9.2 Further, if a Seller and Buyer are unable to resolve a dispute, GPAL may mediate the dispute on either party's request and may provide a non-binding solution. However, the provision of this service is at GPAL's discretion. 9.3 Complaints regarding the Google Payments Service provided by GPAL can be made by contacting us through this link. 9.4 If you are unable to resolve the dispute using GPAL's internal complaint resolution policies and procedures, you may be able to seek assistance, at no cost to you, from the Australian Financial Complaints Authority ("AFCA"). AFCA is an independent external dispute resolution scheme of which we are a member. Subject to AFCA rules, AFCA can consider claims up to a maximum of $ 1 million and can award compensation up to a maximum of $500,000. Australian Financial Complaints Authority contact details: Online: www.afca.org.au Email: info@afca.org.au Phone: 1800 931 678 Mail: Australian Financial Complaints Authority GPO Box 3 Melbourne VIC 3001 The Australian Securities and Investments Commission also has a free call Infoline on 1300 300 630 (available between 9am and 7pm AEST Monday to Friday) which you may use to make a complaint and obtain information about your rights. 10. Responsibility for Taxes 10.1 All fees for the Google Payments Service are inclusive of applicable GST and any other applicable taxes and charges. 10.2 The reporting and payment of any applicable taxes which may arise in connection with the use of the Google Payments Service will remain the responsibility of the Buyer and Seller (as applicable). 10.3 Both the Buyer and Seller agree to comply with any and all applicable Australian taxation laws, including the reporting and payment of any taxes that arise in connection with use of the Google Payments Service by that Buyer or Seller. A. Schedule 1 Schedule 1: Buyers Terms of Service Octber 02, 2020 These Terms of Service form a legal agreement between you and Google Payment Australia Pty Ltd that governs your access to and use of the Google Payments Service as a purchaser of merchandise, goods, or services. Please review these Terms of Service before you decide whether to accept them, continue with the registration process and use the Google Payments Service. Payment Instruments (as defined below) saved to your Google Payments account may be presented to you under the Google Pay brand, but continue to be governed by these Terms of Service when used in connection with the services or offerings described in these Terms of Service. BY CLICKING ON THE "AGREE AND CONTINUE" BUTTON ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AS AMENDED FROM TIME TO TIME. These Terms of Service will continue to apply to your use of the Google Payment Services. If you do not want to be bound by these Terms of Service, you must stop using the Google Payment Services. 1. Certain Defined Terms The following defined terms appear in these Terms of Service: Buyer: A person or entity that applies to, or registers to use, or uses, the Service to make Payment Transactions using a Payment Account. Carrier: A mobile telephone operator approved by GPAL that offers a Carrier Billing Account to Buyers. Carrier Billing: The payment process whereby GPAL, on behalf of Seller, submits a Payment Transaction to the Carrier for billing to the Buyer's Carrier Billing Account. Carrier Billing Account: The monthly or other periodic billing account provided to you by your Carrier that you register with the Service to fund certain Payment Transactions. Customer: A person that registers with the Service as a Buyer or a Seller. Gift Card: Google Play Gift Card is a prepaid gift card purchased by the Buyer and issued by GPAL which enables Buyer to purchase eligible items on Google Play or on a Google Marketplace. Google Marketplace: A Google marketplace other than Google Play where Sellers can sell Products. Google Websites: The website pages of any website owned or operated by GPAL, Google or a Google-affiliates. GPAL, we, or us: Google Payment Australia Pty Ltd. Payment Account: The account that is registered by a Buyer with the Service and accepted by GPAL to facilitate the processing of Payment Transactions. Payment Instrument: The credit card, debit card, Carrier Billing Account, or any other payment method accepted by GPAL from time to time, that is registered by a Buyer with the Service to facilitate the processing of Payment Transactions. The Payment Instrument must be associated with a billing address in a country where the Service is made available. Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer's Payment Account and the crediting of funds to a Seller. Product: Any merchandise, good or service that is listed for sale by a Seller that a Buyer may pay for using the Service. Purchase Amount: The monetary amount of a Payment Transaction which includes any taxes, shipping charges, handling charges, or other fees that are charged to the Buyer as part of the Payment Transaction. Seller: A person or entity that uses the Service to process Payment Transactions from Buyers. Service: The Google Payments Service, described in these Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller to complete a payment for a purchase between Seller and Buyer. 2. Requirements for Registration In order to use the Service, you must register a valid Payment Instrument such as a valid credit or debit card or Carrier Billing Account to make Payment Transactions. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service or to assist in determining whether to permit you to continue to use the Service. You authorise us to confirm that your Payment Instrument is in good standing with the issuer of the Payment Instrument such as the issuing financial institution and/or Carrier (as applicable), including without limitation by submitting a request for a payment authorisation and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association or Carrier rules (as applicable). We, in our discretion, may refuse to approve a new registration or may terminate existing registrations, with or without cause or notice, other than any notice required by any applicable law and pursuant to these Terms of Service, and not waived herein. By agreeing to these Terms of Service for Buyers, you represent the following: You are between 13 to 17 years of age and creating a Payments Account for the sole and limited purpose of redeeming Gift Card on Google Play; Or You are 18 years old or older; and Capable of entering into a legally binding agreement. If you are a business entity, you represent that: You are duly authorised to do business in the country or countries where you operate; and Your employees, officers, representatives, and other agents accessing the Service are duly authorised to access the Service and to legally bind you to these Terms of Service and all transactions conducted under your username and password. 3. Payment Transaction Processing The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between a Buyer and a Seller. The Service will store information from Buyers, such as their Payment Instruments and shipping information, and will process Payment Transactions on behalf of Sellers, such as through the appropriate credit card or debit card network or through a participating Carrier, as applicable. GPAL may delay payment processing where the transaction is deemed suspicious transactions or transactions which may involve fraud, misconduct or violate an applicable law, these Terms of Service for Buyers, or other GPAL or Google policies referred to herein. Buyer authorises the charge or debit to Buyer's Payment Instrument as necessary to complete processing of a Payment Transaction. Buyer also authorises the crediting to Buyer's Payment Instrument in connection with reversals, refunds, or adjustments through the Service. You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with GPAL, Google or any GPAL affiliates. GPAL is a third party service provider facilitating Payment Transactions on behalf of the Seller. GPAL is not a party to your purchase of Products and GPAL, Google or other GPAL affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a Google Website. You also agree that a Seller and GPAL, acting on behalf of the Seller, may resubmit a Payment Transaction for a Product purchase to the payment network for processing one or more times in the event that a prior Payment Transaction is declined or returned by the payment network. 4. Google Play Gift Cards Gift Cards are issued by GPAL. The terms of the Gift Card at play.google.com/about/au-card-terms are incorporated into these Terms of Service by reference. Gift Cards are valid for Australian residents age 13 and above. Activation of the Gift Card requires a Payments Account and internet access. Gift Cards are not usable for hardware and subscriptions unless specifically noted, see full Gift Card terms for details. Gift Cards can be used for purchases on Google Play and Google Marketplaces. Gift Card value expires on the later of 5 years following the date of: (1) card issuance, or (2) last activity on the Payment Account to which the card is redeemed. There are no refunds unless required under law. Gift Cards not redeemable for cash or other cards, not reloadable and cannot be combined with non-Google Play balances, resold, exchanged or transferred for value (unless by law). Upon purchase of the Gift Card, Buyer assumes risk of loss and title for the card. For help or to view balance visit support. 5. Carrier Billing Certain Sellers that accept Google Payments may permit you to have your purchase billed to your Carrier Billing Account. These additional terms apply when you use Carrier Billing through Google Payments: To register your Carrier Billing Account as a Payment Instrument, GPAL requires your mobile telephone number, and the name and billing address, including postal code, of the Carrier Billing Account associated with that number. You consent to your Carrier providing this information to GPAL, and you will review the information during registration for Carrier Billing, and correct any inaccuracies. This information will be used by GPAL for the purpose of establishing your Carrier Billing Account as a Payment Instrument in your Payments Account and for operating the Service. You also agree that GPAL and your Carrier may share information with each other regarding your Carrier Billing activity in order to charge or credit your Carrier Billing Account and otherwise complete payments for purchases, reversals, refunds or adjustments of Payment Transactions, resolve disputes, provide customer support, and for other Carrier Billing-related purposes. When you choose to pay for a purchase with Carrier Billing, you authorise the Seller and GPAL, as processor for the Seller, to submit charges and credits to your Carrier, and your Carrier to make such charges and credits to your Carrier Billing Account, as necessary to complete the Payment Transaction, or to complete the reversal, refund, or adjustment of that Payment Transaction. You can use Carrier Billing to purchase applications (e.g., downloadable or networked applications, wallpapers, ring-tones, games, and productivity tools) ("Apps") for and with your compatible device from certain merchants on Google Play. These Apps are not sold by your Carrier, Google, GPAL, or Google Play. You can identify the Seller of the App at the point of purchase. Purchases made through Carrier Billing are also subject to the terms conditions of your Carrier Billing Account. You are responsible for any charges and related fees that may be imposed under your Carrier Billing Account terms conditions as a result of your use of Carrier Billing. You may contact your Carrier's customer service if you have a question about the charges or fees billed to your Carrier Billing Account. If you have a question regarding Google Payments related matters, you may contact GPAL through the Google Payments Service contact page. You should direct support questions regarding Products purchased through Carrier Billing to the Seller. None of Carrier, Google, GPAL, or Google Play is responsible for any Product (including an App) purchased with Carrier Billing, including download, installation, use, transmission failure, interruption, or delay, refunds, third party advertisements you may encounter while using the product or App, alterations any App may make to the functionality of your device, including any changes that may affect your Carrier's plan, service, or billing, or any content or website you may be able to access through the App. 6. Subscriptions/Recurring Transactions Purchases Your subscription will start when you click "Accept & buy" on a subscription purchase. This is a recurring billing transaction and you will be charged automatically on a periodic basis. Unless otherwise stated, your subscription and the relevant billing authorisation will continue indefinitely until cancelled by you. Cancellation will take effect as described below. By clicking "Accept & buy," you authorise the applicable Seller to bill your chosen Payment Instrument each designated billing period during the subscription at the Purchase Amount. You further authorise the applicable Seller to charge the Purchase Amount to the alternate Payment Instrument, if you have selected one in your Google Payments Account, in the event that the Seller is unable to charge to your designated Payment Instrument for any reason. The Purchase Amount will continue to be charged to your Payment Instrument each billing period, until you cancel your subscription, unless as otherwise stated in the terms and conditions relating to your subscription. Your Payment Instrument will be billed each period based on the date of the subscription purchase. You may cancel a subscription at any time by following the process described here, but the cancellation will not become effective until the end of the current billing period. You will not receive a refund for the current billing period. You will continue to be able to access the relevant subscription for the remainder of the current billing period. We reserve the right to issue refunds or credits and if we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. 7. Permissible Payment Transactions You may only use the Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate and bona fide sale of the Product. The Service may not be used to process a Payment Transaction or otherwise transfer money between a Buyer and Seller, that does not directly result from your purchase of a Product. You may not use The Service to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (e.g. travellers cheques, prepaid cards, money orders). You may not use the Service in connection with an illegal transaction or the sale or exchange of any illegal or prohibited goods or services. You agree that you will not use the Service to process Payment Transactions for any Products that violate an applicable law, these Terms of Service, or GPAL or Google policies applicable to the Service. The policy that establishes the Products and other transactions that may not be paid for with the Service is provided here. Failure to comply with these limitations may result in suspension or termination of your use of the Service. 8. Passing Payment Instrument Details to Third Parties Where requested by You, GPAL may pass details of your Payment Instrument and related information to a third party for that third party to charge the Payment Instrument for goods or services it will supply to You. In such cases, after passing the Payment Instrument details to that third party, GPAL will have no further involvement in Your transaction with that third party (and You acknowledge and agree that your purchases made are transactions between you and the third party and not with GPAL, Google or any of GPALs affiliates). This is not a Payment Transaction. You should contact the third party or Your Payment Instrument provider (e.g., credit or debit card provider) directly regarding any issues with such third-party transactions, including refunds and disputes. 9. Limitations on the Use of Service We may establish general practices and limits concerning use of the Service, including without limitation, individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Payment Transaction without prior notice to Buyer or Seller. We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature. We reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service. To the maximum extent permitted by law, we will not be liable for any loss or damage, including consequential loss or damage suffered because of any changes, suspension or discontinuance of any aspect of the Service, limits or restriction on the Service. This clause restricting our liability does not restrict any other part of these terms and conditions which limits our liability. We may decline to process any Payment Transaction in connection with fraud prevention activities or breach of an applicable law, a term of these Terms of Service or GPAL or Google policies referred to herein. We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including without limitation, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service). We may limit or suspend your use of the Service at any time. Suspension of your use of the Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension. 10. Username and Password Information You are responsible for: (1) maintaining the confidentiality of your username and password used for your Payments Account; (2) any and all transactions using Google Payments by persons that you give access to or that otherwise use your username or password used for your Payments Account; and (3) any and all consequences of use or misuse of your username and password used for your Payments Account. You agree to notify us immediately of any unauthorised use of your username or password or any other breach of security regarding your Payments Account and the Service of which you have knowledge. If Buyer is a business entity, Buyer agrees that all officers, employees, agents, representatives and others having access to the username and password of the Buyer's Payments Account shall be vested by Buyer with the authority to use the Payments Account and Service and legally bind Buyer. Buyer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorised by Buyer, that accesses the Service using Buyer's username and password. 11. Privacy You understand and agree that personal information provided to us in connection with the Service is subject to the Google Payments Privacy Notice. 12. Use of Electronic Communications We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided at the time of registration or as revised by you thereafter in accordance with these Terms of Service; or (b) posting notices or communications on a Google Website. You agree that we may communicate with you by means of electronic communications the following: these Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorisations, and any other matter relating to your Payments Account and the use of the Service. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with these Terms of Service, or when we post the electronic communication on a Google Website. For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Google Payments Service contact pageto request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the Google Payments Service contact page to update your registration information (such as email address) used for electronic communications or to withdraw consent to receive electronic communications; and (d) if you decline or withdraw consent to receive electronic communications from us, we will no longer be able to offer and/or provide you with the use of the Service. 13. Service Fees We do not charge you a fee to use the Service as a Buyer. However, the relevant Payment Instrument issuer such as the financial institution that issues, or the Carrier that provides, your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees. 14. Disputes Seller is solely responsible for any dispute that may arise between Buyers and Sellers with respect to their transaction ("Disputes") and GPAL is not a party to and will not be responsible for any Disputes. GPAL may provide tools to facilitate communication between Seller and a Buyer to resolve a Dispute. If a Buyer and a Seller are unable to resolve a Dispute, we can mediate disputes upon either party's request and propose a non-binding solution, if appropriate. For more detailed information, please see our Frequently Asked Questions. GPAL may offer a feedback on the Service to assist you in evaluating Sellers or assist Sellers in evaluating you. You acknowledge that any such feedback represents solely the opinion of users of the Service, and is not an opinion, representation, or warranty by GPAL with respect to Buyers or Sellers using the Service. You agree to release GPAL, Google, and other GPAL subsidiaries and affiliates, and their agents, contractors, directors, officers, owners and employees, co-branders or other partners, information providers, licensors, licensees, consultants, and other applicable third parties from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a Dispute. You agree that you will not involve GPAL in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If you undertake any steps to do so, (a) you shall pay all costs and attorneys' fees of GPAL, Google, and other GPAL subsidiaries and affiliates and shall provide indemnification as set forth in Section 20 (Indemnification), and (b) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in these Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the Buyer's card issuer agreement, Carrier Billing Account terms and conditions, the card association rules or applicable laws. 15. Refunds Except as set forth in these Terms of Service, all Payment Transactions processed through the Service are non-refundable to Buyer by GPAL and are non-reversible by Buyer through the Service. 16. Fraud If you believe your account has been opened or used in an unauthorised manner, please see our fraud protection process and our Frequently Asked Questions for more information on how we protect you from fraud. 17. GPAL Not A Banking Institution GPAL processes Payment Transactions on behalf of Sellers. GPAL is not a bank or authorised deposit-taking institution. Funds held by GPAL or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by any governmental agency. 18. Termination of Service We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time. Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors). 19. Buyer Responsibility for Taxes The reporting and payment of any applicable taxes arising from the use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Payment Transactions. 20. No Endorsement of Products GPAL does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid for through the Service, or the Google Websites; or (b) the ability of Buyers to buy Products or Sellers to deliver Products. GPAL hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. GPAL reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPAL's opinion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms of Service. 21. Indemnification You agree to indemnify, defend and hold harmless GPAL, Google, and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation the Royal Bank of Scotland and relevant Customers) (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of an applicable law, these Terms of Service or GPAL or Google policies referred to herein; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party. 22. Disclaimer of Warranties Nothing in these Terms of Service, including Section 19 (No Endorsement of Products), shall exclude or limit GPAL's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and GPAL's liability will be limited to the maximum extent permitted by law. THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GPAL, GOOGLE, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "GPAL PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF PERSONAL OR SENSITIVE INFORMATION THROUGH THE SERVICE. EACH GPAL PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE GPAL PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE GPAL PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE. TO THE EXTENT THAT THE TERMS IMPLIED UNDER THE AUSTRALIAN CONSUMER LAW APPLY TO GOODS OR SERVICES SUPPLIED BY THE GPAL PARTIES AND THE GOODS OR SERVICES ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, THE GPAL PARTIES' LIABILITY FOR ANY BREACH OF THOSE TERMS IS LIMITED TO, IN THE CASE OF GOODS, EITHER REPAIRING OR RE-SUPPLYING THE GOODS OR PAYING THE COST OF REPAIR OR RE-SUPPLY AND, IN THE CASE OF SERVICES, EITHER RE-SUPPLYING THE SERVICES OR PAYING THE COST OF RE-SUPPLY. THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW. 23. Limitations of Liability; Force Majeure TO THE EXTENT PERMITTED BY LAW, THE GPAL PARTIES WILL NOT BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHICH MAY BE INCURRED IN CONNECTION WITH ANY GPAL PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION (INCLUDING IN THE CASE OF THE GPAL PARTIES' NEGLIGENCE), EVEN IF THE GPAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE EXTENT PERMITTED BY LAW TO LIMIT LIABILITY, IN NO EVENT SHALL THE GPAL PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES GPAL HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER'S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no GPAL Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including without limitation, governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures and Internet disturbances. 24. Jurisdiction; Governing Law These Terms of Service shall be governed by the laws of California, except for California's choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and non-exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. 25. Notice In addition to the electronic communications authorised under the Section 11 (Use of Electronic Communications), statements, notices and other communications to Buyer may be made by email, via the Google Payments Service contact page or postings on the Google Website. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Google Websites. 26. Modification of Terms of Service for Buyers We have the right to change, modify, or amend any portion of these Terms of Service at any time by posting notification on a Google Website or otherwise communicating the notification to you in accordance with Section 11 (Use of Electronic Communications). The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. By continuing to use the Service after any amendments to these Terms of Service due to any of the above circumstances, you agree to abide and be bound by any changes. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service. 27. Assignment You may not assign these Terms of Service or any rights or obligations under these Terms of Service, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We may assign these Terms of Service and the rights and obligations under these Terms of Service and you consent to this without us having to notify you. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 28. Survival Upon termination of your use of the Service or termination of these Terms of Service for any reason, in addition to this Section 28 (Survival), the following sections shall survive termination: Section 3 (Payment Transaction Processing), Section 9 (Limitations on the Use of Service), Section 11 (Privacy), Section 12 (Use of Electronic Communications), Section 14 (Disputes), Section 15 (Refunds) through Section 25 (Notice) and Section 29 (Other Provisions). 29. Other Provisions The failure of GPAL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including GPAL or Google policies governing the Service referenced herein, constitutes the entire agreement between GPAL and Buyer with respect to Buyer's use of the Service. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than Buyer and GPAL, Google, and other GPAL affiliates which each shall be a third party beneficiary of these Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder. B. Schedule 2 Schedule 2: Sellers Terms of Service May 11, 2019 These Seller Terms of Service form a legal agreement between Google Payment Australia Pty Ltd and you, that governs your access to and use of the Google Payments Service as a seller of merchandise, goods or services. Please review these Terms of Service before you decide whether to accept them, continue with the registration process and using the Google Payment Service. PLEASE SEE SECTION 12 BELOW FOR SPECIAL TERMS APPLICABLE TO GOOGLE PLAY DEVELOPERS. BY CLICKING "I AGREE TO THE TERMS OF SERVICE" BELOW AND CLICKING ON THE "COMPLETE SIGN UP" BUTTON YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AS AMENDED FROM TIME TO TIME. These Terms of Service will continue to apply to your use of the Google Payment Services. If you do not want to be bound by these Terms of Service, you must stop using the Google Payment Services. 1. Defined Terms Agreement: These Terms of Service as amended from time to time. Beta Features: Those features of the Service which are identified by GPAL as beta or unsupported in GPAL's then current technical documentation, including without limitation the Integration Guidelines for the version of the Service that Seller has implemented. Brand Features: The trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Buyer: A person or entity that applies to, or registers to use, or uses the Service to make Payments Transactions using a Payment Account. Carrier: A mobile telephone operator approved by GPAL that offers a Carrier Billing Account to Buyers. Carrier Billing: A payment process whereby GPAL, on behalf of Seller, submits a Payment Transaction to the Carrier for billing to the Buyer's Carrier Billing Account. Carrier Billing Account: A monthly or other periodic billing account provided to the Buyer by a Carrier registered by a Buyer with the Service to fund certain Payment Transactions. Disputes: Any disagreements, litigation, or other disputes between Seller and a Buyer or between Seller and a third party arising from the use of the Service, but excluding Service Disputes. Google Marketplace: A Google marketplace other than Google Play where Sellers can sell Products. Google Website: The website pages of any website owned or operated by GPAL, Google, or a Google affiliate. GPAL: Google Payment Australia Pty Ltd. Intellectual Property Rights: Any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide. Payment Account: The account that is registered by a Buyer with the Service and accepted by GPAL to facilitate the processing of Payment Transactions. Payment Instrument: The credit card, debit card, Carrier Billing Account, or any other payment method accepted by GPAL from time to time, that is registered by a Buyer with the Service to facilitate the processing of Payment Transactions. The Payment Instrument must be associated with a billing address in a country where the Service is made available. Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer's Payment Account and the issuance of funds to Seller's Settlement Account. Policies: means the various policies, guidelines, and other terms and conditions that are referenced in this Agreement but are not expressly set forth in this Agreement. The Policies may be updated from time to time by GPAL. The Policies include without limitation the following: "https://support.google.com/payments/merchant/answer/6080066?p=uiguidelines&rd=1" (the "Button and Acceptance Logo Guidelines") https://support.google.com/payments/business/answer/75724 (the "Content Policies") https://support.google.com/payments/merchant/answer/3763718?visit_id=1-636119991692140334-3851591679&rd=1 (the "Fee Schedule") https://www.google.com/permissions/ (the "Google Brand Feature Guidelines") https://www.google.com/policies/privacy/ (the "Google Privacy Policy") https://payments.google.com/files/privacy.html (the "Google Payments Privacy Notice") https://support.google.com/payments/merchant/answer/6110424?p=IntegrationGuidelines&rd=1 (the "Integration Guidelines") https://support.google.com/payments/business/?p=programguidelines (the "Program Policies") Products: Any merchandise, goods, or services listed for sale by a Seller that a Buyer may pay for using the Service. Purchase Amount: The monetary amount of a Payment Transaction, which includes any taxes, shipping charges, handling charges, or other fees that are charged to the Buyer as part of the Payment Transaction. Seller, you or your: A person that uses the Service to process Payment Transactions from Buyers. Seller Website: The website pages of Seller. Service: The Google Payment Service, described in this Agreement, that facilitates the processing of Payment Transactions on behalf of Seller to complete a payment for a purchase between Seller and Buyer. Service Disputes: Any disagreements, litigation, or other disputes between GPAL and Buyers arising solely from an error in the functioning of the Service. Settlement Account: The deposit account of Seller maintained at a financial institution located in Australia that is designated by Seller and approved by GPAL for receipt of funds from the processing of Payment Transactions. 2. Service Features and Description 2.1 Service Description: Seller acknowledges and agrees that: (i) Seller's sales of Products are transactions between Seller and the Buyer and not with GPAL, Google or any of GPAL affiliates; (ii) GPAL is a third-party service provider facilitating Payment Transactions on behalf of the Seller and is not a party to any Payment Transaction; (iii) GPAL is not a Buyer or a Seller in connection with any Payment Transaction; (iv) GPAL will not be responsible for and does not control any aspect of the Products or the description of the Products; and (v) GPAL will not be responsible for and does not control whether or not a Buyer will complete the purchase of or payment for Products. When a Buyer seeks to make a purchase through its Payment Account, the Service will process the Payment Transaction on behalf of Seller (a) through the appropriate payment processing network, including without limitation credit card or debit card networks (b) to the Carrier for payment and collection through Carrier Billing as described below; or (c) through any other method applicable to the relevant Payment Instrument used by the Buyer. 2.2 Permissible Payment Transactions: Seller may only use the Service to process a Payment Transaction for a Product that is purchased by a Buyer through a legitimate and bona fide sale of the Product. A Payment Transaction may not be submitted for capture through the Service until Seller has satisfied the requirements for charging and shipping as described in the Program Policies. The Service may not be used to process a Payment Transaction or otherwise transfer money between a Buyer and a Seller, that does not directly result from a Buyer's purchase of a Product. Seller may not use the Service to provide cash advances to Buyers or to facilitate the purchase by Buyers of cash equivalents (e.g., travellers cheques, prepaid cards, money orders). Seller may not use the Service in connection with an illegal transaction or the sale or exchange of any illegal or prohibited goods or services, including without limitation, prohibited Products as set forth in the Content Policies. 2.3 Limitations on the Use of Service: GPAL may establish general practices and limits concerning use of the Service, including without limitation, individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time periods. Seller must comply with the Policies and any other limits concerning use of the Service as updated by GPAL from time to time, including without limitation: (i) the Integration Guidelines; (ii) the Button and Acceptance Logo Guidelines and the Google Brand Feature Guidelines; (iii) GPAL requirements for data security and privacy including the Google Payments Privacy Notice; (iv) operating rules and/or policies of the card associations or networks that are used to process the Payment Transactions attached here to as Exhibit A (as amended from time to time); or (v) Carrier requirements applicable to Carrier Billing. Payment Transactions may be protected pursuant to the chargeback resolution policies ("Chargeback Resolution Policy") and payment guarantee policy ("Payment Guarantee Policy") as each are described in the Program Policies. GPAL has the right: (a) to change, suspend or discontinue the Service, in whole or in part, as necessary to perform maintenance or updates to the Service; and (b) to impose limits on certain features or restrict access to parts or all of the Service. GPAL may decline to process any Payment Transaction in connection with fraud prevention activities or breach of an applicable law, a term of this Agreement or GPAL or Google policies referred to herein. 2.4 Prohibited Actions: Unless expressly permitted in writing by GPAL, Seller may not: (i) establish a minimum or maximum Purchase Amount as a condition for Buyer's use of the Service to pay for a Product; (ii) require Buyer to provide Seller with the account numbers of any credit card, debit card, Carrier Billing Account or other Payment Instrument; (iii) add any Service use surcharge to a Payment Transaction; (iv) separately process as a Payment Transaction the amount of any tax applicable to a purchase of a Product; (v) submit to the Service a Payment Transaction that was previously returned as a chargeback; or (vi) permit the use of the Service for payment of any debt owed to Seller by Buyer. 2.5 Payment Transaction Authorisation: Seller acknowledges that the receipt of an authorisation for a Payment Transaction indicates only that, as of the date of the authorisation, the underlying Payment Instrument has sufficient credit either with the relevant card issuer, or Carrier for the Purchase Amount. Seller acknowledges that the authorisation is not a confirmation of the Buyer's identity; nor is an authorisation a guarantee by GPAL that the transaction will not be subject to a chargeback or other reversal. 2.6 Additional Carrier Billing Term: When a Buyer makes a Payment Transaction using Carrier Billing, GPAL, as processor for the Seller, submits charges to the Carrier for payment and processing through the Buyer's Carrier Billing Account. A reversal, refund, or adjustment of that Payment Transaction also may be submitted by GPAL as processor for the Seller, to the Carrier for processing through the Buyer's Carrier Billing Account. GPAL is not obligated to Seller or any other person to make settlement for a Payment Transaction (or reversals, refunds or adjustments thereof) in the event that the Carrier is unable or unwilling for any reason to collect the funds from the Carrier Billing Account or otherwise from the Buyer (for payment of a Payment Transaction) or to credit the Carrier Billing Account or otherwise credit the Buyer (for a reversal, refund or adjustment of a Payment Transaction). In the event GPAL provides any settlement funds to the Seller pending payment from the Carrier, GPAL reserves the right to chargeback or reclaim the funds from the Seller in the event the Carrier does not complete the Payment Transaction processing to the Buyer's Carrier Billing Account or otherwise does not obtain payment from the Buyer. GPAL may limit the types of Sellers that may use Carrier Billing and the types of Products that may be purchased with Carrier Billing. 2.7 Beta Features: From time to time, GPAL may make Beta Features available to Seller as part of the Service, which are provided "as is." Seller's use of Beta Features is solely at Seller's own risk. GPAL reserves the right to include or cease providing Beta Features as part of the Service at any time. 3. Service Implementation 3.1 Implementation of Service: Seller agrees not to use the Service through websites other than the Seller Websites. GPAL at all times reserves approval authority as to the implementation of the Service on each Seller Website, and GPAL may upon notice suspend Seller's use of the Service until Seller corrects implementation issues as reasonably specified by GPAL. 3.2 Implementation Setup: Seller agrees to provide current, complete and accurate registration information for the Service and to maintain and promptly update the information. Seller will set up and maintain a Settlement Account that is capable of receiving funds. Seller authorises GPAL to confirm that the Settlement Account is in good standing with the financial institution, including by submitting a request for a payment authorisation and/or a low monetary credit to the Settlement Account. Seller authorises GPAL to reconfirm the Settlement Account any time the account information is changed. Seller also authorises GPAL to obtain from time to time a credit report and to otherwise make credit or other background inquiries on Seller as GPAL deems appropriate to assess Seller's eligibility for continued use of the Service. GPAL may require Seller to provide additional information from time to time as a condition of Seller's continued use of the Service. A reference to the Seller in this paragraph does not apply to a GPAL or Google affiliate. 3.3 Implementation Updates: Seller will provide GPAL with sixty (60) days advance notice of any change to a Seller Website or the code or technology used to implement the Service on a Seller Website that could reasonably be expected to adversely affect Seller's implementation of the Service; provided that giving notice will not relieve Seller of its obligations under this Agreement. If GPAL updates the technical or implementation specifications for the Service, Seller will implement the updates as soon as reasonably practical, but no later than ninety (90) days from receiving notice of the updates. If GPAL updates its look and feel or branding specifications, Seller will implement the updates as soon as reasonably practical, but no later than thirty (30) days from receiving notice of the updates. 3.4 Support: Prior to making any support request to GPAL, Seller will first use reasonable efforts to resolve the problem on its own without any escalation to GPAL. Thereafter, Seller may submit a written request for technical support via the methods specified by GPAL. Any support that Seller provides to Buyers will be at Seller's own expense. Seller agrees that any telephone communications between Seller and GPAL related to the support or operation of the Service may be recorded by GPAL for quality assurance and training purposes. 4. Additional Service Terms 4.1 GPAL is not a Banking Institution: Seller hereby acknowledges and agrees that (i) GPAL offers the Service to facilitate the processing of Payment Transactions in connection with Product purchases by Buyers; (ii) GPAL processes Payment Transactions on behalf of Seller; (iii) GPAL is not a bank or other authorised deposit-taking institution; and (iv) funds held by GPAL or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Seller and are not insured for the benefit of Seller by any governmental agency. 4.2 Unclaimed Property: Seller acknowledges and agrees that (i) if GPAL is holding funds that are due to Seller arising from a Payment Transaction processed through the Service or otherwise, (ii) GPAL is unable to contact Seller and (iii) GPAL has no record of Seller's use of the Service for several years, then GPAL may be required under applicable law to report the balance of such funds as unclaimed property. In the event of the foregoing, GPAL will try to locate Seller at the Seller's email address registered with GPAL or as revised by Seller thereafter in accordance with this Agreement and, if GPAL is unable to locate Seller, Seller acknowledges and agrees that GPAL may be required to deliver any such funds to the applicable state as unclaimed property; provided, however that GPAL may deduct a dormancy fee and other administrative charges from such unclaimed funds, as permitted by applicable law. 4.3 No Endorsement: Seller acknowledges that GPAL does not endorse the Seller Website, any of the information or other content appearing on the Seller Website or provided by Seller to GPAL ("Seller Content"), or any of the Products. Seller agrees not to state or imply any endorsement by GPAL or Google on the Seller Website or otherwise. To the extent that Seller Content appears within the Service or on Google Websites, Seller acknowledges and agrees that GPAL reserves the right to modify or remove the Seller Content. 4.4 Buyer Identity: GPAL has no responsibility to Seller to investigate the background or confirm the identity of Buyers, except to the extent required by applicable law. GPAL may offer a feedback to assist Seller in evaluating Buyers or to assist Buyers in evaluating Seller. Seller acknowledges that any feedback or ranking system represents solely the opinion of third parties, and is not an opinion, representation or warranty by GPAL with respect to Buyers or Sellers using the Service. 4.5 Disputes: Except as expressly provided for in the Chargeback Resolution Policy, Seller is solely responsible for Disputes and GPAL is not a party to and will not be responsible for any Disputes. With respect to Disputes, Seller is subject to the Chargeback Resolution Policy and other dispute procedures as provided by GPAL from time to time. GPAL may provide tools to facilitate communication between Seller and a Buyer to resolve Disputes. If Seller and a Buyer are unable to resolve a Dispute, GPAL may mediate the Dispute upon either party's request and may propose a non-binding solution, if appropriate. GPAL is solely responsible for Service Disputes and Seller is not a party to and will not be responsible for any Service Disputes; provided, that Seller agrees to provide reasonable assistance to GPAL in resolving Service Disputes. 5. Brand Features 5.1 GPAL Brand Features: Subject to this Agreement and after Seller has implemented the Service, GPAL grants Seller a limited, non-exclusive and non-sublicensable license to display GPAL Brand Features to promote the availability of the Service on the Seller Websites. Seller may use buttons and acceptance logos in accordance with the Button and Acceptance Logo Guidelines without prior approval from GPAL. Other uses of GPAL Brand Features require prior approval from GPAL in accordance with the Google Brand Feature Guidelines. GPAL may revoke the permission granted in this paragraph to use GPAL Brand Features by providing notice to Seller and a reasonable period of time to cease usage. Seller agrees to adhere to the Google Brand Feature Guidelines. 5.2 Seller Brand Features: Subject to this Agreement, Seller grants GPAL and its affiliates a limited, non-exclusive and non-sublicensable license to display Seller Brand Features in connection with (i) operating the Service and (ii) promotions, presentations, marketing materials, verbal communications, and lists of sellers (e.g. a seller directory posted on a Google Website) that identify Seller as a person that has implemented the Service. 5.3 Brand Feature Rights: Each party retains all right, title and interest, including without limitation all Intellectual Property Rights, relating to its Brand Features. Except as expressly provided in this Agreement, neither party acquires any right, title or interest in any Brand Features of the other party, and any rights not expressly granted are deemed withheld. All use by GPAL of Seller Brand Features (including any associated goodwill) will inure to the benefit of Seller, and all use by Seller of GPAL Brand Features (including any associated goodwill) will inure to the benefit of GPAL. While this Agreement remains in effect and upon request, each party agrees to furnish the other party with samples of the usage of the other party's Brand Features as contemplated by this Section 5 to enable the other party to monitor and ensure that the usage is consistent with the other party's quality control requirements. While this Agreement remains in effect, Seller agrees not to challenge or assist others to challenge the GPAL Brand Features (except to protect Seller's rights to its own Brand Features) and not to register any Brand Features or domain names that are confusingly similar to those of GPAL. 6. Service Fees and Payment Terms 6.1 Service Fees: Subject to Section 12 (Service Fees), the fees for the Service will be as set forth on the Fee Schedule (the "Service Fees"). The Seller acknowledges and agrees that GPAL is entitled to retain all interest and/or other compensation from its service provider banks or others arising from the processing of Payment Transactions that have not settled to Seller. 6.2 Payment Terms: Subject to Section 12 (Service Fees), unless otherwise mutually agreed upon by the parties, GPAL will use commercially reasonable efforts to electronically transfer funds to the Settlement Account before the end of the second business day (excluding bank holidays) after the day that Payment Transactions are submitted for capture by Seller. Notwithstanding the foregoing, GPAL will not be obligated to settle funds to Seller (i) for any Payment Transaction for which GPAL has not received full settlement in final available funds if Seller does not capture funds during an authorisation hold period indicated in the Program Policies or (ii) if Seller's earned balance at the time of disbursement or transfer is less than one dollar. 6.3 Payment Adjustments: Seller acknowledges that Buyers retain a chargeback right pursuant to card association and network rules, and GPAL will have the right (but not the obligation) to pass chargebacks to Seller if the particular transactions are not covered by the Payment Guarantee Policy. As to particular Payment Transactions, GPAL may withhold payments or reverse previous payments if (i) a Buyer makes a claim to GPAL for a refund or other reversal or (ii) GPAL believes that the Payment Transactions are invalid, involve misconduct or fraud (such as fraudulent use of a Payment Instrument), or otherwise violate applicable law, this Agreement or the Policies. Seller agrees to cooperate with GPAL and to provide any information that may be reasonably requested by GPAL in its investigation of any of the foregoing circumstances. GPAL may withhold payment amounts to Seller in the event GPAL requires additional information from Seller to complete a credit or other background inquiry pursuant to Section 3.2 (Implementation Setup). GPAL may setoff any payment obligation that GPAL may have to Seller under this Agreement against (a) Service Fees owed by Seller, (b) amounts overpaid to Seller due to a later reversal, refund, chargeback or other adjustment to prior Payment Transactions and (c) any other amounts owed by Seller to GPAL under this Agreement or any other agreement. In the event that Seller incurs a negative balance (i.e. due to negative adjustments exceeding the settlement proceeds for a particular period), GPAL may debit the Settlement Account for the amount of the negative balance. Furthermore, GPAL may choose to invoice Seller for any amounts owed by Seller under this Agreement which will be immediately due and payable. 6.4 Reserve: The Seller agrees that GPAL can withhold a portion of the proceeds that are payable to Seller with respect to the processing of Payment Transactions (a "Reserve") to ensure that sufficient funds are available to GPAL in the event of chargebacks, reversals and other liabilities related to Seller's use of the Service in accordance with the terms of this Agreement. Circumstances where GPAL may impose a Reserve include, but are not limited to: (i) adverse changes in Seller's financial condition or its payment record with creditors; (ii) excessive rate of chargebacks, reversals or Buyer support issues; or (iii) significant or material changes in the nature of Seller's business or product lines. The Seller acknowledges that GPAL is not responsible for any losses sustained by Seller as a result of the imposition of a Reserve. 6.5 Refunds and Adjustments: Seller will disclose its return/cancellation policy on the Seller Website. If Seller allows returns, cancellations or price adjustments in connection with a Payment Transaction, Seller will initiate a credit to the Buyer using the refund function of the Service within three (3) days of receiving the Buyer's request. Refunds cannot exceed the Purchase Amount. Seller agrees not to accept cash or any other consideration from a Buyer in exchange for issuing a refund to a Buyer. Seller agrees not to give cash refunds to a Buyer in connection with a Product paid for with the Service unless required by law. If Seller provides a refund through a means other than through the Service, Seller remains responsible if the Payment Transaction results in a chargeback through the Service. Seller acknowledges that even if Seller's return/cancellation policy prohibits returns or cancellations, Seller may still receive chargebacks relating to the transactions. GPAL may reject or delay a refund request from Seller through the Service if GPAL is unable to obtain sufficient funds from Seller to fund the refund. 6.6 Taxes and Other Charges: Seller will pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental entities of whatever kind and imposed with respect to the transactions under this Agreement, including penalties and interest, but specifically excluding taxes based upon GPAL's net income. For purposes of clarification, GPAL is not responsible for, and is not the entity collecting sales or income or other taxes with respect to Payment Transactions. When GPAL has the legal obligation to collect any applicable taxes, the appropriate amount will be invoiced to and paid by Seller net thirty (30) days from the date of invoice or other notification. Seller will promptly provide GPAL with documentation as may be required by the applicable governmental entity in order for GPAL to process payments hereunder (including, without limitation, a valid certificate of Seller's exemption from obligation to pay taxes as authorised by the appropriate governmental entity) and GPAL may withhold any payments required to be made hereunder until Seller has provided the documentation. Seller will promptly provide GPAL with original or certified copies of all tax payments or other sufficient evidence of tax payments at the time the payments are made by Seller pursuant to the Agreement. 6.7 GPAL and/or Google Affiliates: For the avoidance of doubt, a reference to a Seller in this Section 6 (Service Fees and Payment Terms) does not include any GPAL or Google affiliates who uses the Service to process Payment Transactions. 7. Confidentiality and Proprietary Rights 7.1 Confidentiality: Seller will hold confidential and will not use or share any Buyer information obtained through the Service, except to process the transaction the Buyer requested and to maintain the Buyer's account with the Seller, or as otherwise expressly permitted by the Program Policies. Seller acknowledges and agrees that Buyer information received from GPAL in connection with the Service is subject to the Google Payments Privacy Notice, and Seller agrees that it will not use or share Buyer information obtained from GPAL in any manner that contravenes the Google Payments Privacy Notice. Seller will not disclose or cause to be disclosed any GPAL Confidential Information without GPAL's prior written consent, except to those employees, agents, representatives, or contractors of Seller who require access to GPAL Confidential Information to perform under this Agreement ("Authorised Personnel") and who are bound by a written agreement not to disclose third party confidential information. Seller agrees that Seller is responsible for any act and/or omission of any Authorised Personnel in breach of this paragraph. Seller agrees to use the same degree of care, but no less than a reasonable degree of care, as Seller uses with respect to its own information of a similar nature to protect the GPAL Confidential Information and to prevent communication of GPAL Confidential Information to any unauthorised third parties. This Agreement imposes no obligation upon Seller with respect to GPAL Confidential Information that: (i) was known to Seller before receipt from GPAL or Google; (ii) is or becomes publicly available through no fault of Seller; (iii) is rightfully received by Seller from a third party without a duty of confidentiality; or (iv) is independently developed by Seller without a breach of this Agreement. If GPAL Confidential Information is required to be produced by law, court order, or other governmental demand ("Process"), Seller must immediately notify GPAL of that obligation. Seller will not produce or disclose GPAL Confidential Information in response to the Process unless GPAL has (a) requested protection from the court or other legal or governmental authority requiring the Process and the request has been denied, or (b) consented in writing to the production or disclosure of the GPAL Confidential Information in response to the Process. Upon GPAL's written request, Seller will promptly return all GPAL Confidential Information, together with all copies, or certify in writing that all GPAL Confidential Information and copies have been destroyed. In this Section 7.1 (Confidentiality), "GPAL Confidential Information" includes without limitation: (i) all GPAL software, technology, programming, specifications, materials, guidelines and documentation relating to the Service; (ii) any information provided pursuant to this Agreement, including, without limitation, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; and (d) business information, including operations, planning, marketing and promotion plans, and products; and (iii) any other information designated in writing by GPAL or Google as "Confidential" or an equivalent designation. 7.2 Username, Password, and Merchant Key: Seller will be responsible for maintaining the confidentiality of its Service username, password and merchant key (as described in the Integration Guidelines). Seller is responsible for all Service activity by persons that use the username, password and merchant key, including any consequences of the use or misuse of the username, password and merchant key. Seller agrees to notify GPAL immediately of any unauthorised use of its username, password or merchant key or any other breach of security regarding the Service of which Seller has knowledge. Seller agrees that all officers, employees, agents, representatives and others having access to the Service username, password and merchant key will be vested by Seller with the authority to use the Service and legally bind Seller. 7.3 Proprietary Rights: GPAL and its licensors retain all rights, title and interests, including without limitation, to all Intellectual Property Rights relating to the Service (and any derivative works or enhancements thereof), including but without limitation, to all software, technology, information, content, materials, guidelines, and documentation. Seller does not acquire any right, title, or interest therein, except for the limited use rights expressly set forth in the Agreement. Any rights not expressly granted in this Agreement are deemed withheld. Seller agrees not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service. 8. Warranties; Disclaimer of Warranties 8.1 Representations and Warranties: Seller (other than a GPAL or Google Affiliate) represents and warrants that (i) if an individual, Seller is at least 18 years old, (ii) if a business entity, Seller is duly authorised to do business in Australia, (iii) Seller is capable of and has full power and authority to enter into the Agreement and this Agreement will constitute the valid and binding obligations of Seller, (iv) Seller is a resident of Australia, (v) Seller owns and controls the Seller Websites and otherwise has and will maintain all rights, authorisations and licenses that are required to permit Seller to use the Service on the Seller Websites; (vi) Seller's execution of this Agreement and use of the Service does not violate any other agreement to which Seller or its affiliates are subject; and (vii) Seller will comply with all applicable laws, regulations and ordinances in connection with Seller's use of the Service. 8.2 DISCLAIMER OF WARRANTIES: Nothing in this Agreement, including Section 8 (Warranties; Disclaimer of Warranties) and Section 9 (Limitation of Liability and Indemnification) shall exclude or limit GPAL's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in Seller's jurisdiction will apply to Seller and GPAL's liability will be limited to the maximum extent permitted by law. THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, DATA TRANSMISSION, FUNCTIONS, MATERIALS AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE) IS PROVIDED "AS IS" AND WITHOUT WARRANTY. TO THE EXTENT PERMITTED BY LAW, GPAL AND ITS AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. To the extent permitted by law, GPAL does not warrant that the operation of the Service will be uninterrupted or error free. GPAL will not be responsible for any service interruptions, including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service. 9. Limitation of Liability and Indemnification 9.1 Limitation of Liability: TO THE EXTENT PERMITTED BY LAW, GPAL (INCLUDING ITS AFFILIATES AND AGENTS) WILL NOT BE LIABLE TO SELLER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR PROCUREMENT OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF GPAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. TO THE EXTENT PERMITTED BY LAW TO LIMIT LIABILITY, IN NO EVENT WILL GPAL'S LIABILITY ARISING OUT OF THIS AGREEMENT AND THE SERVICE (WHEN AGGREGATED WITH GPAL'S LIABILITY FOR ALL OTHER CLAIMS ARISING OUT OF THIS AGREEMENT AND THE SERVICE) EXCEED THE NET FEES THAT GPAL HAS RECEIVED AND RETAINED UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ARISES. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated in this paragraph and that these limitations are an essential basis of the bargain between the parties. 9.2 Seller Indemnification: Seller will indemnify, defend and hold the GPAL Indemnified Parties harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees) brought against any of the GPAL Indemnified Parties, arising out of or related to (i) the Seller Websites, (ii) Seller Brand Features; (iii) Seller's use of the Service; and/or (iv) any breach of or non-compliance with this Agreement or the Policies by Seller. In this Section 9.2 (Seller Indemnification), "GPAL Indemnified Parties" include (i) GPAL, Google, and their subsidiaries and affiliates and (ii) officers, directors, agents, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation the Royal Bank of Scotland) of GPAL, Google, and their subsidiaries and affiliates. GPAL may join in defense with counsel of its choice at its own expense. 10. Termination 10.1 By Seller: Seller may terminate this Agreement or Seller's use of the Service at any time upon providing prior written notice to GPAL or as otherwise permitted by GPAL. 10.2 By GPAL: GPAL may terminate, limit or suspend this Agreement or Seller's use of the Service at any time and without liability to Seller, including without limitation, for (i) inactivity, (ii) violation of this Agreement or the Policies, or (iii) if Seller's use of the Service, in GPAL's discretion, creates a risk of financial harm or loss of goodwill to GPAL or any of the payment card systems used for processing Payment Transactions. 10.3 Effect of Termination: Section 1 (Defined Terms); Section 4 (Additional Service Terms); Section 5.3 (Brand Feature Rights); Section 6.3 (Payment Adjustments); Section 6.5 (Refunds and Adjustments); Section 6.6 (Taxes and Other Charges); Section 7.1 (Confidentiality); Section 7.3 (Proprietary Rights); Section 8 (Warranties; Disclaimer of Warranties); Section 9 (Limitation of Liability and Indemnification); Section 10.3 (Effect of Termination) and Section 11 (General) will survive any termination of this Agreement. Notwithstanding the payment terms described in Section 6.2 (Payment Terms), upon the termination of this Agreement or other cessation of Seller's use of the Service, GPAL may withhold funds to cover GPAL's expectation of potential chargeback exposure for up to one hundred eighty (180) days. Seller will remain liable for chargebacks and any other obligations incurred by Seller after the termination of this Agreement. Following the termination of this Agreement, GPAL may disable Seller's access to the Service. 11. General 11.1 Notice to GPAL: Except as otherwise specified in the Agreement, all notices given under this Agreement by Seller to GPAL may be made by email, via the Google Payments Service contact page or postings on the Google Website. 11.2 Notice to Seller: GPAL may communicate with Seller regarding the Service and/or any matters in connection with or related to this Agreement by means of electronic communications, including (i) sending electronic mail to the email address Seller provided to GPAL during registration for the Service or as revised by Seller thereafter in accordance with this Agreement; or (ii) posting of notices or communications within the Service console or on a Google Website. Seller agrees that GPAL may communicate with Seller by means of electronic communications the following: this Agreement (and revisions or amendments), notices or disclosures regarding the Service, payment authorisations, and any other matter relating to Seller's use of the Service. Seller should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by Seller when GPAL sends the electronic communication to the email address Seller provided at the time of registration or as revised by Seller thereafter in accordance with this Agreement or when GPAL posts the electronic communication within the Service console or on a Google Website. For those communications or records that GPAL is otherwise required under applicable law to provide in a written paper form to Seller, Seller agrees that GPAL may provide such communications or records by means of electronic communications. The following additional terms will apply to electronic communications: (a) Seller may contact GPAL through Google Payments Service contact page to request another electronic copy of the electronic communication without a fee; (b) Seller may request a paper copy of an electronic communication and GPAL reserves the right to charge Seller a fee to provide a paper copy; (c) Seller may contact GPAL through the Google Payments Service contact page to update Seller's registration information (such as email address) used for electronic communications or to withdraw consent to receive electronic communications; and (d) if Seller declines or withdraws consent to receive electronic communications from GPAL, GPAL will no longer be able to offer and/or provide the Seller with the Service. 11.3 Jurisdiction; Governing Law: These Terms of Service shall be governed by the laws of California, except for California's choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and non-exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. 11.4 Entire Agreement; Modification: This Agreement constitutes the entire agreement between the parties with respect to the subject matter. This Agreement supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter. GPAL has the right to change, modify, or amend any portion of this Agreement at any time by posting notification on a Google Website or otherwise communicating the notification to Seller in accordance Section 11.2 (Notice to Seller). The changes will become effective and shall be deemed accepted by Seller, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. By continuing to use the Service after any amendments to this Agreement due to any of the above circumstances, Seller agrees to abide and be bound by any changes. In the event that Seller does not agree with any such modification, Seller's sole and exclusive remedy is to terminate the use of the Service. 11.5 Assignment: Seller may not assign (including by way of merger, sale of stock, or sale of assets) this Agreement or any rights or obligations under this Agreement by operation of law or otherwise, without the prior written consent of GPAL. GPAL may assign this Agreement and the rights and obligations under this Agreement and Seller consent to this without GPAL having to notify Seller. Subject to the foregoing, this Agreement will be binding on and inure to the benefit of each of the parties and their permitted successors and assigns. 11.6 Force Majeure: Neither party will be liable for failing or delaying performance of its obligations (except for the payment of money) resulting from any condition beyond its reasonable control, including without limitation, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances. 11.7 Other Provisions: The failure of GPAL to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of the right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and will not be used for interpretation of this Agreement. Unless otherwise expressly stated, all amounts stated in this Agreement are denominated in Australian dollars. The Policies referenced in this Agreement are incorporated by reference and may be updated by GPAL from time to time. The parties are and will remain independent contractors and nothing in this Agreement will be deemed to create any agency, partnership, or joint venture relationship between the parties. Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party. This Agreement is not intended, and will not be construed to, create any rights or remedies in any parties other than Seller and GPAL and no other person may assert any rights as a third party beneficiary; provided, that Google will be a third party beneficiary; provided, further that the GPAL Indemnified Parties will be a third party beneficiary of the Seller indemnity in Section 9 (Limitation of Liability and Indemnification); provided, further that the Royal Bank of Scotland will be a third party beneficiary of the agreement in Exhibit A and the Seller indemnity in Section 9 (Limitation of Liability and Indemnification). 12. Special Terms for Google Play and Other Google Marketplaces and Google Payments for Digital Goods 12.1 Google Play and other Google Marketplaces: This Section 12 only applies to Sellers that use the Service on Google Play or one or more other Google Marketplaces, except that Section 12.3 (Payment Terms; Monthly Payment Schedule) will also apply to Sellers that use the Service to process Google Payments for digital goods. To use the Service on a Google Marketplace, a Seller must separately agree to the terms of service applicable to such Google Marketplace (the "Google Marketplace TOS") and have the Seller's Service account linked to the Seller's account for that Google Marketplace. Notwithstanding the first sentence of Section 3.1 (Implementation of Service), Seller may use the Service to process transactions on a Google Marketplace. In the event of any conflict between this Agreement and the applicable Google Marketplace TOS, the terms of the applicable Google Marketplace TOS will control. 12.2 Service Fees; Payment Guarantee Policy: GPAL will not charge Seller the Service Fees described in Section 6.1 (Service Fees) for transactions conducted through a Google Marketplace, and Seller will instead pay the fees specified in the applicable Google Marketplace TOS. Any fee discounts or fee waivers that are being offered by GPAL for the Service do not apply to the fees specified in the applicable Google Marketplace TOS. The Payment Guarantee Policy does not apply to transactions conducted through a Google Marketplace. 12.3 Payment Terms; Monthly Payment Schedule: Notwithstanding the payment schedule described in Section 6.2 (Payment Terms), if the Seller's Service account is linked to any Google Marketplace pursuant to this Section 12, or if the Seller uses the Service to process Google Payments for digital goods, GPAL will use commercially reasonable efforts to electronically transfer funds for Payment Transactions submitted for capture by Seller within a calendar month to the Settlement Account before the close of business on the 15th day of the following calendar month. The monthly payment schedule described in the foregoing sentence will apply to all Payment Transactions, whether or not they are conducted through a Google Marketplace or for Google Payments for digital goods. GPAL may transfer funds to the Settlement Account more frequently than once per month and the Seller consents to this without GPAL having to notify the Seller. 12.4 Seller agrees to pay all fees, including any applicable currency conversion fees, associated with the conversion of funds and the processing of payments to the Settlement Account. Banks that process a payment to the Settlement Account also may impose fees and charges related to processing of the payment, and the Seller is solely responsible for all such fees and charges. 12.5 Buyer Currency: A Google Marketplace may permit Seller to list purchase prices for Products, and a Buyer to purchase Products, in a currency different from that of the Seller's Settlement Account ("Buyer Currency Purchase Transaction"). For any Buyer Currency Purchase Transaction, Seller will be paid by GPAL in the currency of Seller's Settlement Account, based on an exchange rate that will be applied to the purchase amount (denominated in Buyer currency) at the time the Payment Transaction is submitted to GPAL for processing by Seller. The exchange rate will be determined by a financial institution utilised by GPAL to calculate exchange rates, and may be adjusted based on market conditions and the Seller consent to this without GPAL having to notify the Seller of such adjustments. If a Buyer Currency Purchase Transaction is subsequently subject to refund, reversal, chargeback or other adjustment, GPAL will apply the same exchange rate and currency that applied to the original Buyer Currency Purchase Transaction in calculating the obligation of the Seller for the refund, reversal, chargeback or other adjustment. GPAL reserves the right to impose fees on this currency conversion. 12.6 GPAL and/or Google Affiliates: For the avoidance of doubt, a reference to a Seller in this Section 12 does not include any GPAL or Google affiliates who uses the Service to process Payment Transactions. Exhibit A: Three Party Agreement between Seller, GPAL, and the Royal Bank of Scotland This Exhibit A applies to Seller if Seller uses the Service to engage in aggregate transaction amounts of five thousand dollars ($5,000) or more in gross merchandise volume ("GMV") for three (3) consecutive months. This Exhibit contains terms required by the groups of Card issuer banks or debit networks that facilitate the use of payment cards ("Associations"). These terms form a three-party agreement between Seller, GPAL and the Royal Bank of Scotland ("RBS"), the service provider with which GPAL has entered into a separate agreement to assist GPAL in processing Payment Transactions. Seller agrees to comply with all Association Rules, as may be applicable and in effect from time to time. Seller understands that GPAL or RBS may be required to modify this Exhibit A in order to comply with requirements imposed by the Association Rules from time to time. Definitions Association Rules means the bylaws, rules, and regulations, as they exist from time to time, of the Associations. Card means both the plastic card or other evidence of the account and the account number, issued by a Card issuer or a debit network to the Cardholder, either of which are accepted for the purpose of paying Seller, and which will be processed under this Agreement. Cardholder means the person to whom the Card is issued and who is entitled to use the Card. Retrieval Request means a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a Card sale Seller has made. Sales Data means the evidence and/or electronic record of a Payment Transaction representing payment by use of a Card or of a refund/credit to a Cardholder. Seller Acceptance of Cards Seller agrees to comply with all Association Rules, as may be applicable and in effect from time to time. Seller understands that GPAL or RBS may be required to modify this Exhibit A in order to comply with requirements imposed by the Association Rules from time to time. The Association Rules require that each Sales Data, Seller tenders to GPAL for processing comply with the following conditions: (1) the Sales Data represents payment or refund of payment, for the bona fide sale or lease of the goods, services or both, which Seller has provided in the ordinary course of its business; (2) the Sales Data does not involve any element of credit for any purpose other than payment for a current transaction (including payment of a previously-dishonoured check) and, except in the case of approved instalment or pre-payment plans, the goods have been shipped or services actually rendered to the Cardholder; (3) to Seller's knowledge, the Sales Data is free from any material alteration not authorised by the Cardholder; and (4) Seller has not advanced any cash to the Cardholder in connection with the Card transaction, nor has Seller accepted payment for effecting credits to a Cardholder's account. Refunds and Adjustments he Associations require Seller to maintain a fair policy with regard to the return/cancellation of merchandise or services and adjustment of Card sales. Seller must also disclose its return/cancellation policy to Seller's customers. If Seller allows a price adjustment, return of merchandise or cancellation of services in connection with a Card sale, Seller must prepare and deliver to GPAL Sales Data reflecting the refund or adjustment within three (3) days of receiving the customer's request for the refund/adjustment. he amount of the refund/adjustment cannot exceed the amount shown as the total on the original Sales Data except by the exact amount required to reimburse the Cardholder for postage that the Cardholder paid to return merchandise. Seller is not allowed to accept cash or any other payment or consideration from a customer in return for preparing a refund to be deposited to the Cardholder's account nor to give cash refunds to a Cardholder in connection with a Card sale, unless required by law. If Seller's refund policy prohibits returns under certain circumstances, Seller may still receive a chargeback relating to the sales pursuant to the Association Rules. Retrieval Requests The Associations require Seller to store original documentation of each transaction for at least six (6) months from the date of the respective transaction, and to retain copies of all the Sales Data for at least eighteen (18) months from the date of the respective transaction. The Associations do not allow Seller to charge Buyer a fee for the creation or storage of the copies. Data Security and Privacy Seller must exercise reasonable care to prevent disclosure of Card information, other than to Seller's agents and contractors for the purpose of assisting Seller in completing a Card transaction, or to the applicable Association, or as specifically required by law. Association Rules require Seller to comply with all security standards and guidelines that may be published from time to time by Visa, MasterCard or any other Association (collectively, the "Security Guidelines"). Seller understands and agrees that failure to comply with the Payment Card Industry Data Security Standard requirements and other Security Guidelines may result in fines and/or penalties being levied against Seller or against GPAL or RBS because of Seller's actions by the Associations. If this occurs Seller agrees to reimburse GPAL or RBS immediately for any fine or penalty imposed due to violation of the Security Guidelines. The Association Rules provide that Cardholder information and transaction data is owned by the Associations, the Card issuer and the Cardholder. Google Payments Privacy Notice Last modified 11 December 2020 The Google Privacy Policy describes how we treat personal information when you use Google's products and services. Google Payments is offered to Google Account holders, and your use of it is subject to the Google Privacy Policy. In addition, this Privacy Notice describes Google privacy practices that are specific to Google Payments. Your use of Google Payments is governed by the Google Payments Terms of Service, which describes in more detail the Services covered by this Privacy Notice. Capitalised terms not defined in this Google Payments Privacy Notice shall have the meaning ascribed to them in the Google Payments Terms of Service. The Google Payments Privacy Notice applies to Services offered by Google LLC or its wholly owned subsidiaries, including Google Payment Corp. ('GPC'). Please consult the Google Payments Terms of Service made available to you within the Service to learn which subsidiary is offering the Service. For users (except those selling on a Google marketplace) based in the European Economic Area (excluding the UK), the data controller responsible for your information is Google Ireland Limited. For users (except those selling on a Google marketplace) based in the UK, the data controller responsible for your information is Google LLC. If you are based in the European Economic Area, excluding the UK, and are selling on a Google marketplace, the data controller responsible for your information is Google Payment Ireland Limited. If you are based in the UK and are selling on a Google marketplace, the data controller responsible for your information is Google Payment Limited. For users based in Brazil, the data controller responsible for your information is Google LLC and, to the extent required under Brazilian law, it may be Google Brasil Pagamentos Ltda. Information that we collect In addition to the information listed in the Google Privacy Policy, we may also collect the following: Registration information – When you sign up for Google Payments, you are creating a Google Payments Account that is associated with your Google Account. Depending on the Google Payments services that you use, in addition to the information listed in the Google Privacy Policy, you may be asked to provide the following information: credit or debit card number and card expiry date, bank account number and expiry date, address, phone number, date of birth, national insurance number or taxpayer identification number (or some other government-issued identification number), and for sellers or businesses specifically, your business category and certain information about your sales or transaction volume. In some cases, we may also ask you to send us additional information or to answer additional questions to help verify your information. Finally, if you register a Carrier or Operator Billing Account, we will ask you to provide us with certain information about your Carrier or Operator account. Information obtained from third parties – We may obtain information about you from third parties, including third-party verification services. This includes information arising from Google Payments transactions at merchant locations, information regarding your use of payment methods and your accounts issued by third parties that are linked to Google Payments, the identity of your card issuer or financial institution, information regarding access to balances held in your Google Payments Account, information from a Carrier or Operator in connection with Carrier or Operator Billing, and consumer reports, as the term 'consumer reports' is defined by the US Fair Credit Reporting Act. Also, for sellers, we may obtain information about you and your business from a credit bureau or a business information service. Transaction information – When you use Google Payments to conduct a transaction, we may collect information about the transaction, including the date, time and amount of the transaction, the merchant's location and description, a description provided by the seller of the goods or services purchased, any photo that you choose to associate with the transaction, the names and email addresses of the seller and buyer (or sender and recipient), the type of payment method used, your description of the reason for the transaction and the offer associated with the transaction, if any. How we use the information that we collect In addition to the uses listed in the Google Privacy Policy, we use the information that you provide to us and to GPC or another of our subsidiaries, as well as information about you from third parties, in order to provide you with Google Payments for customer service purposes, and to prevent harm to the rights, property or safety of Google, our users or the public, including to help prevent fraud, phishing or other misconduct. Such information may also be used to assist third parties in the provision of products or services that you request from them. We also use the information to review your Google Payments Account to determine whether you continue to meet the terms of the account, to make decisions about your future Google Payments transactions and for other legitimate business needs related to the Google Payments transactions initiated by you. Your registration information is stored in association with your Google Account, and your registration of a payment method will be stored on Google's servers. In addition, certain data elements may also be stored on your mobile device. We may retain the information that you provide for extended periods of time for the purpose of complying with legal process and regulatory obligations. Information that we share We will only share your personal information with other companies or individuals outside of Google in the following circumstances: As permitted under the Google Privacy Policy. As necessary to process your transaction and maintain your account, including to provide security improvements and protect your account against fraud. To complete your registration for a service provided by a third party. To inform a third-party merchant, whose site or app you visit, whether you have a Google Payments Account that can be used for making payment through that merchant's site or app. With your card or other payment method's issuer and payment network, as well as payment processors and other organisations working on their behalf, to ensure the security and validity of the payment method and transactions requested using it. For example, when you make a purchase or transaction using Google Payments, we make certain personal information about you available to the company or individual that you purchase from or transact with. This includes sharing your personal information with the developer from whom you purchase when you use Google Payments to make a purchase on Google Play. It may also include sending a merchant website or app your ZIP code or postcode and information about your form of payment when you initiate a payment using a 'Buy with Google Pay' or similar button, so that the merchant can calculate updated purchase information (such as tax, delivery costs and other price information) and identify whether the merchant can accept that form of payment from you as well as benefits or restrictions for particular forms of payment for your purchase. When you add a third-party payment method to your Google Payments Account, we may exchange certain personal information about you, such as your name, profile image, email, IP and billing address, phone number, device info, location and Google Account activity info, with the third-party payment provider as necessary to provide the service. When you visit a participating merchant site or app, the merchant can check whether you have a Google Payments Account with an eligible payment method that can be used to make a purchase through the merchant's site or app, in order to reduce the likelihood that you will see unusable features on sites or apps. Any information that you provide directly to a third-party merchant, website or application is not covered by this privacy notice. We are not responsible for the privacy or security practices of merchants or other third parties with whom you choose to share your personal information directly. We encourage you to review the privacy policies of any third party with whom you choose to share your personal information directly. The information that we collect, including information obtained from third parties, is shared with our affiliates, meaning other companies owned and controlled by Google LLC. Our affiliates, which can be financial and non-financial entities, will use such information for their everyday business purposes. We provide you with the right to opt out of certain sharing between GPC and its affiliates. Specifically, you may choose to opt out of: Sharing between GPC and its affiliates of information about your creditworthiness for their everyday business purposes; and/or, Our affiliates marketing their products or services to you based on your personal information that we collect and share with them. This information includes your account history with us. You may also choose to opt out of Google LLC or its affiliates informing a third-party merchant, whose site or app you visit, whether you have a Google Payments Account that can be used for payment through that merchant's site or app. If you choose to opt out, your choice will be effective until you tell us to change your choice. If you do not want us to share personal information about your creditworthiness between GPC and its affiliates, or if you do not want our affiliates to use your personal information collected by us and shared with them to market to you, or if you do not want Google LLC or its affiliates to inform a third-party merchant, whose site or app you visit, whether you have a Google Payments Account, please indicate your preference by logging in to your account, going to the Google Payments privacy settings page and updating your preferences. We will not share your personal information with anyone outside of GPC or with our affiliates except as described in this privacy notice. As explained above, Google Payments is a product offered to Google Account holders. Data that you provide to Google LLC for the purpose of signing up for a Google Account is not affected by the opt-out provisions in this notice. Information security For more information about our security practices, please see the main Google Privacy Policy. The security of your Google Payments Account depends on you keeping your account password(s), PINs and other access information for the Service confidential. If you share your account information with a third party, he or she will have access to your account and your personal information. It is your responsibility to control access to your mobile device and the Google Payments application on your device, including keeping your password(s) and/or PIN confidential and not sharing it with anyone. It is also your responsibility to alert Google or the relevant partner if you believe that the security of the information in the Google Payments application has been compromised. © 2020 Google – Google Home Google Terms of Service Previous Privacy Notices GiveIndia Fundraisers -India’s largest & most trusted donation platform GiveIndia Fundraisers is an online giving and crowdsourcing platform, inspiring donors to raise funds for the charities listed on the portal. The aim is to help non-profits located in the remotest of corners, discover thepower of online giving. Thetools and services offered, prove to be useful for raising funds, as it widens their donor base and provides them with a support system they could rely on.Usually, smaller non-profits barely have the resources and budget to market their initiatives, eluding them from reaching out to a potentially large donor base, transcending geographical constraints. In such a scenario, crowdfunding, popular charity fundraisers and events become the most reliable tools for marketing.GiveIndia Fundraisers fits the bill, by allowing active donors to spread the word about the cause/non-profit they are supporting and rope in further donations from their friends andrelatives. The power of word-of-mouth publicity is the strength of peer-to-peerfundraisingand at GiveIndia Fundraisers, we allow non-profits to be able to do that by using thetools.Transparency is our priority...At GiveIndia, we ensure that due diligence is followed while on-boarding non-profits. While 12A certificates are mandatory for being a partner of the GiveIndia family, a thorough check of other relevant financial documents (tax returns, annual reports and audit report) is also done. Also, because content holds extreme relevance to our product, a video that encapsulates the essence of the organization’s vision is askedfor.All donations on GiveIndia Fundraisers go through an efficient and largely automated collection and disbursement system, ensuring a convenient experience to donors as well as hassle-free management for thenon-profits.In addition, to help non-profits in raising funds for their projects, GiveIndia provides marketing and technicalsupporttoitspartners,tohelpthemengagewithprospectivedonors.Weassistpartnercharities withcontentcreation,socialmediahandling,emailmarketingandPRsothattheircommunicationisclear, crisp and convincing for the worldoutside. 1.Termsi.To become a user of the GiveIndia Fundraisers platform and be able to use its Services and Features you must read and accept all the Terms and Conditions and the PrivacyPolicy.ii.GiveIndia may require that you agree to additional terms and conditions as part of any registration process and/or for particular service/product offerings, which would be made available by GiveIndia from time to time. Such new terms should be reviewed by you before using the relevant service/product offering and any such use will constitute full acceptance of all newterms.iii.In the event of any inconsistency between the Privacy Policy and these Terms, these Terms shall take precedence. In the event of any inconsistency between these Terms and the New Terms, then the New Terms shall takeprecedence.iv.Nothing in these Terms shall be deemed to confer any third-party rights or benefits. Agreeing to these terms to be able to use the GiveIndia services would be yourchoice.v.GiveIndia may modify these terms from time to time without notice which shall be effective after being posted by GiveIndia on its platform. You agree to be bound to any changes to these terms when you use the GiveIndia services after any such modification is posted on the platform. It is thereforeimportantthatyoureviewtheseTermsregularlytoensureyouareupdatedastoanychanges.2.Use of GiveIndiaServicesi.GiveIndiacan use its absolute discretion to refuse you access to the its Services and / or cancel / terminate your membership without prior notice for any reason and you shall not be entitled to any compensationinrespectofcancellation/terminationofyourmembership.ii.IfanyaspectoftheGiveIndiaServicesisinconflictwiththelawsofstateorjurisdiction,theresidents ofsuchstateorjurisdictionarenoteligibletobecomememberofGiveIndiaoravailofitsservices.GiveIndiamakes all reasonable efforts to ensure that the GiveIndia Services comply with all locallaws that we are actually aware of, but you are responsible to ensure that you are in compliance with your local laws.iii.YoushallnotusetheaccountcreatedonGiveIndiabyanotheruser,ordiscloseyouraccountdetails to any third party. You agree to notify GiveIndia immediately if you suspect any unauthorized access oruseofyouraccount.Youaresolelyresponsibleforanyandalluseofyouraccount.iv.You areresponsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under youraccount. v.You agree to immediately notify GiveIndia of any unauthorized use of your account or any other breach of security. GiveIndia cannot and will not be liable for any loss or damage arising from your failure to comply with thissection.3.Non-commercialUsei.The services of Let Change may not be used in connection with any commercial endeavors except thosethatarespecificallyendorsedorapprovedbyGiveIndia.Illegaland/orunauthorizeduseoftheitsServices,includingcollectingusernamesand/oremailaddressesofotherusersbyelectronicorother means for the purpose of sending unsolicited email or unauthorized framing of the Website, is prohibited.ii.Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of Membershipprivileges.iii.Appropriate legal action will be taken for any illegal or unauthorized use of the GiveIndiaServices.iv.You are prohibited from selling, trading or otherwise transferring your GiveIndiaaccount to another party.4.ProhibitedActivityi.You agree to act in a responsible and legal manner when using the GiveIndia Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the services for any unlawfulpurpose,forthecommissionofanyoffenceorcrimeunderthelawsofanyjurisdictiontowhich accessisobtainedthroughtheWebsiteorinamannerwhichislikelytocauseharm,offenceornuisance to any other internetuserii.You agree not to use the GiveIndia Servicestoa.post content that is patently offensive and promotes racism, bigotry, hatred or harm of any kind against any group orindividual;b.postcontentthatcontainsviolence,oroffensivesubjectmatterorcontainsalinktoanadultwebsite;c.post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory orlibelous;d.post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory or otherwiseobjectionable; e.post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy or providing or creating computerviruses;f.create a false identity on the website, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person orentity;g.use the GiveIndiaservices for any illegal purpose, criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of tradesecrets;h.upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual propertyrights;i.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation. This prohibition includes but is not limitedto:•using GiveIndia invitations to send messages to people who do not know you or who are unlikely to recognize you as a knowncontact;•using GiveIndia to connect to people who do not know you and then sending unsolicited promotionalmessagestothosedirectconnectionswithouttheirpermission;and•sending messages to distribution lists, newsgroups orgroups;j.upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunicationsequipment;k.disguise the origin of any communication transmitted through this website or using the GiveIndia Services;l.interfere with or disrupt the GiveIndia services or servers or networks connected to this Website and/or GiveIndia service, or disobey any requirements, procedures, policies or regulations of networks connected to this website and/or the GiveIndiaservices. m.display on the website, distribute from the website or provide links from the website to any pornographic, obscene, offensive or menacingmaterials;n.displayonthewebsiteoruseinconnectionwiththewebsiteanypiratedsoftwareoranycopyrighted materialsorcounterfeitmaterialswithoutthepermissionofthecopyrightholder;o.use information obtained in connection with its registration with the website, or in any way use the website, to carry out unsolicited mail-bombing or spamming or cause annoyance, inconvenience or anxiety to other Internetusers;p.display on the website or use in connection with the website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render GiveIndia liable to the payment of damages to any thirdparty.5.Contenti.While using the service of the GiveIndia website certain information provided by you may be visible to certain other users (see our Privacy Policy to learn more about information collected on this Website and our uses of suchinformation).ii.You agree that by providing materials (e.g. photos, video etc.) and information on the platform or by providing material to GiveIndia you are granting to GiveIndia a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such materials and information in the course of offering the GiveIndia services. Furthermore, you understand that GiveIndia retains the right to reformat, excerpt or translate any materials and information submitted by you. You waive any and all moral rights that may subsist in any materials and information that you provide toGiveIndia.iii.You represent and warrantthat:a.youownthematerialsandinformationpostedbyyouonorthroughtheGiveIndiaServicesor otherwise,andb.the posting of your materials and information on or through the GiveIndiaservices does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing to any person byreason of any content posted by you to or through the GiveIndiaservices.iv.You understand that all materials and information publicly posted or privately transmitted through the GiveIndia website is the sole responsibility of the person from which such content originated and thatGiveIndiashallnotberesponsibleorliableforanyerrorsoromissionsinanycontentoranyloss or damage of any kind incurred as a result of theuse of, access to or denial of access to any content on this Website.v.You understand that GiveIndia cannot guarantee the identity of any other users with whom you may interact in the course of using the GiveIndia. Additionally, GiveIndia cannot guarantee the authenticity of any data which users may provide about themselves or relationships they maydescribe.vi.The GiveIndia services contain content of users and other GiveIndia licensors and you shall respect the intellectual property rights ofothers.vii.GiveIndia may delete any content that in the sole judgment of GiveIndia violates these Terms or which may be offensive, illegal, violate the rights of, harm, or threaten the safety of anyperson.viii.GiveIndia assumes no responsibility for monitoring the GiveIndia services for inappropriate content or conduct and no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any such content. GiveIndia may, at its sole discretion, monitor the GiveIndiaservice.ix.You are solely responsible for the content and information shared in you post on or through any of the GiveIndia services. GiveIndia does not endorse and has no control over such content. Contentisnot necessarily reviewed by GiveIndiaprior to posting and does not necessarily reflect the opinions or policies of GiveIndia. GiveIndia makes no warranties, express or implied, as to the content ortotheaccuracy,integrityandreliabilityofthecontentoranymaterialorinformationthatyoutransmit to otherUsers.x.Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department atsupport@giveindia.orgto let us know of content that you findobjectionable.xi.We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take anyaction.xii.YouarepermittedtoprintanddownloadlimitedextractsfromtheWebsiteforyourownuseprovided that:a.No documents or related graphics on the website are modified in anyway;b.Nographicsonthewebsiteareusedseparatelyfromcorrespondingtext;and c.GiveIndia copyright and trademark notices and this permission notice appear in allcopies.6.IntellectualPropertyi.The contents of this website is the Intellectual Property of GiveIndia which includes, but is not limited to, copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or sourcecodesii.Inconfirmation with the terms, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the website and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.iii.All materials incorporated in or accessible through the website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips,software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the website), are protected by copyright laws, and are owned, controlled or licensed by GiveIndia. Such materials may be used only for viewing the website in the ordinary course or as a resource for using the GiveIndia services through the website. Any other use of such materials, including any copying, reproduction, modification, sale,distribution,extraction,re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.7.Communication from and withGiveIndiai.GiveIndiamay need to communicate with you via email in the course of providing you with our services. (See our Privacy Policy to learn more about communications.) You agree to receive emails, which are specific to your account and necessary for the normal functioning of the GiveIndia services, and to have your name listed in the header of certain communications, which you initiate through the GiveIndia.8.Terminationi.You agree that GiveIndia may, with or without cause and/or prior notice, immediately terminate yourGiveIndia account and your access to any GiveIndia services. Without limiting the foregoing, the following will lead to a termination by GiveIndia of your use of the its services: (a) breaches or violations of these Terms or other incorporated GiveIndia agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems or (e) extended periods ofinactivity. ii.Termination of your GiveIndia account includes removal of access to all offerings within the GiveIndia services and may also bar you from further use of the GiveIndia services. Furthermore, you agree that all terminations shall be made at GiveIndia sole discretion and that GiveIndia shall not be liable to you nor any third party for any termination of your account or access to the GiveIndia service9.Indemnificationi.By accepting these Terms, you agree to indemnify and otherwise hold harmless GiveIndia, its Directors, officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the GiveIndia services; (ii) unauthorized access to or alteration of your communications with or through the GiveIndia services or (iii) any other matter relating to the GiveIndia services. Any business transactions which may arise between Users from their use of the GiveIndia services are the sole responsibility of the Usersinvolved.10.Privacy andDisclosuresi.Use of the GiveIndia services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Without limitation of the terms and conditions set forth in our Privacy Policy, youunderstandandagreethatGiveIndiamaydisclosepersonallyidentifiableinformationifrequiredto do so by law or in the good faith belief that such disclosure is necessary to comply with legal process, enforce these Terms or protect the rights, property or safety of GiveIndia, its Users and the public.11.MemberDisputesi.YouaresolelyresponsibleforyourinteractionswithotherGiveIndiaUsers.GiveIndiareservestheright, but has no obligation, to monitor disputes between you and otherUsers.12.GoverningLawi.These Terms will be governed by and construed in accordance with the laws of India without regard to conflict of laws principles and you agree to submit to the exclusive jurisdiction of Delhi NCR,India.13.Linksi.Profiles created and posted by Members on the Website may contain links to other websites. GiveIndia is not responsible for the content, intellectual property rights, accuracy or opinions expressed on such websites. Inclusion of any linked website on the GiveIndia services does not imply approvalorendorsementofthelinkedwebsitebyGiveIndia.Whenyouaccessthesethird-partysites,you do so at your own risk ii.YoumaycreatelinkstothisWebsiteonthebasisthatyoulinkto,butdonotreplicate,thisWebsite, and subject to the followingconditions:a.You do not remove, distort or otherwise alter the appearance of the GiveIndia Fundraiserslogo;b.You do not create a frame or any other browser or border environment around thisWebsite;c.You do not in any way imply that GiveIndiais endorsing any products or services other than its own;d.You do not misrepresent your relationship with GiveIndia nor present any other false information aboutGiveIndia;e.You do not link from a website that is not owned by you;andf.Yourwebsitedoesnotcontaincontentthatisdistasteful,offensive,infringesanyintellectualproperty rights or other rights of any other person, or otherwise does not comply with all applicable laws and regulations14.Donationsi.Donations on GiveIndia Fundraisers can be made by members as well as non-members by clickingontheDonatebuttonsavailablethroughouttheplatformandfollowingthenecessarysteps.ii.YoucandonatetoselectedbeneficiariesonGiveIndiausinganumberofpaymentmethodssuchascredit/debitcards,net-bankingande-wallets.DonationsareprocessedbyCCAvenueandStripe whicharetheoneofthelargestandsecurepaymentgateways.iii.All donations made through GiveIndiaare non-refundable. Please contact our customer services immediately if there are extenuating circumstances and your case may be reviewed at ourdiscretion.iv.In circumstances where a donation has been made on this website by the unauthorized use of your payment details, then we are required to refund to you this money provided that you inform your financial institution and GiveIndia of the unauthorized payment as soon aspossible.v.The minimum amount that you can donate on GiveIndia Fundraisers is Ũ50.vi.There are various charges incurred when you make a donation -including charges by credit card companies, banks and payment service providers. These charges vary depending on many factors including your location, payment method and donation size and currency.When you make a donation on GiveIndia Fundraisers, the payment gateway service provider charges a fees up to 5% as processing fees. LetzChange may retain upto 7% of your donation amount to cover the cost of payment processing. We do not make any profit from ourendeavor. vii.The online confirmation you receive immediately after you make your donation is considered as your receipt for that donation. Please keep it for your records. The implications from a tax perspective of donating to a non-profit will vary from country to country, and donors should consult the relevant authorities in their own jurisdiction for guidance on thesematters.viii.You hereby acknowledge that GiveIndia has no control over the use of donations that are made to non-profits through thisplatform.ix.Wehavethesolediscretiontoenlist/delistnon-profitorganizationsinourprovisionofthisfacility.We reserve the right at any time from time to time to modify or discontinue, temporarily or permanently thedonationfacilitywithorwithoutnotice.YouagreethatGiveIndiashallnotbeliabletoyouorany thirdpartyforanymodification,suspensionordiscontinuationofthefacility.x.Donations made to a non-profitorganization will be given to that non-profit organization only and no substitution of donations between non-profit organizations shall bepermitted.xi.GiveIndia is not responsible for any dissatisfaction you may have regarding the recipient organization’suse of any donation you may make through the platform or its associated services or websites powered by us. Please note that the recipient organization reserves the right to use your donation for its general purposes. GiveIndia cannot guarantee that fundswill be earmarked for a particular appeal, unless specifically stated by the recipient organizationitself.xii.Donations can be made anonymously by choosing the appropriate option while making the donation. The donor will still receive a receipt for his/her donation with the right name on the receipt but this will not be visible to others. If a donor donates "anonymously", information about the donor can still be passed to non-profits. The donor is agreeing that their information may be used by the benefitingnon-profits so long as it complies with the relevant data protectionlegislation.xiii.Indian donors can make tax-deductible donations on GiveIndia. Non-profits provide a receipt for all successfully processed donations on GiveIndia. These receipts contain a Reference Number unique that can be verified by GiveIndia and are provided to donors as evidence of theirdonation.xiv.Atpresent,onlythedonationsmadetoIndiannon-profitscanreceivetaxbenefits.DoprovideyourPAN to ensure that you get tax benefits for your donations. The receipt issued by the GiveIndia has all the important information that you require to fill your income tax return. For all charities registered under either80G,35ACor35(i)(ii)youarecanclaimthetaxbenefitaspartofyourannualreturn.Toqualifyfor this,youneedtofillintheC9partofyourtaxreturnformwiththetotalamountyouhavedonatedduring the tax year. You can get the total from your GiveIndia profile page. You need to then also on worksheet, to list all individual donations separately and include thereceipts.15.Disclaimers i.While GiveIndiaendeavors to ensure that the information on this website is correct, GiveIndia doesnotwarranttheaccuracyandcompletenessofthematerialonthewebsite.GiveIndiamaymakechangestothematerialonthewebsiteatanytimewithoutnotice.Thematerialonthewebsitemaybe outofdate,andGiveIndiamakesnocommitmenttoupdatesuchmaterial.ii.Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim allliability and responsibility arising from any reliance placed on such materials by any user of this website, or by anyone who may be informed of any of itscontents.iii.Under no circumstances shall GiveIndia be responsible for any loss or damage, resulting from use of the GiveIndia services, attendance at a GiveIndia event, from any content posted on or through theGiveIndiaservices,fromtheconductofanyuserofGiveIndiaservices,whetheronlineoroffline, or damage arising as a result of any bugs, Trojan horses, viruses, worms or other harmful codes or errors.iv.To the fullest extent permitted by applicable law, GiveIndia shall not be liable to any user under contract, tort, equity or otherwise for any loss or damages arising out of its connection with the user's use of the website or the provision of services by GiveIndia, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and/or whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act, or breach of GiveIndia, its employees, contractors or sub-contractors. Without prejudice to the generality of the foregoing, under no circumstances shall GiveIndia be liable to any user for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of use of data or software, howsoeverarising.v.This website and all material on the website are provided as it is, without any conditions, warranties or other terms of any kind. In accordance to this, GiveIndia expressly disclaims all and shall not be deemed to have given any warranties, express or implied (by Law or otherwise), other than set out in these terms. GiveIndia expressly disclaims and excludes all terms and conditions, express or implied by statute or otherwise, in connection with this website to the fullest extent permitted by applicable law. Without prejudice to the generality of the foregoing, and to the extent permitted by law, all conditions and warranties under sale of goods and services act are hereby excluded, and the parties agree that these exclusions are fair andreasonable.vi.GiveIndia cannot guarantee and does not promise any specific results from use of the GiveIndia services.vii.Partofthiswebsitemaycontainadvertisingandsponsorship.Advertisersandsponsorsareresponsible for ensuring that material submitted for inclusion on the website complies with internationaland national law. GiveIndia takes no responsibility for third-party advertisements that are posted on this website or through the GiveIndiaservices, nor does it take any responsibility for the goods or services provided by its advertisers. GiveIndia will not be responsible for any error or inaccuracy in advertising materials.viii.GiveIndia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any usercommunication.ix.While GiveIndiaendeavors to ensure that the website is normally available 24 hours a day, GiveIndia is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the GiveIndia services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the GiveIndia services. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond itscontrol.x.GiveIndia reserves the right at any time to modify or discontinue, temporarily or permanently, the Websitewithorwithoutnotice.TheuseragreesthatGiveIndiashallnotbeliabletothemoranythird party for any modification, suspension or discontinuation of theService.xi.Commentary and other materials posted on this website are not intended to amount to advice on which reliance should be placed. GiveIndia therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of itscontents.16.OtherTermsi.These Terms are accepted upon your use of this website or any of the GiveIndia services and is further affirmed by you becoming auser.ii.These Terms (together with any New Terms) which incorporates the GiveIndia, Donation Policy and the Non-profit Selection and Recognition Policy for the Non-profit Member (and any future amendments of such policies) constitutes the entire agreement between you and GiveIndia regarding the use of the services of GiveIndiawebsite.iii.ThefailureofGiveIndiatoexerciseorenforceanyrightorprovisionoftheseTermsshallnotoperate as a waiver of such right orprovision. iv.TheseTermsoperatetothefullestextentpermissiblebylaw.IfanyprovisionoftheseTermsisunlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms are personal to GiveIndia and you.v.Youmaynotassign,notate,sub-contractorotherwisetransferitspartoralloftheseTerms,withoutthe prior written consentofGiveIndia.vi.Nothing in these Terms shall create or be deemed to create a partnership, joint venture or relationship of employer and employee of any kind between GiveIndia andyou.vii.GiveIndiashall not be liable for delay or failure to perform any of its obligations under these Terms whereandtotheextentthatsuchdelayorfailureresultsfromanycircumstancesbeyonditsreasonable control. 17.NewMembershipsi.Any non-profit that meets GiveIndia selection criteria and passes our due diligence can register to raise funds on GiveIndia. Please apply by visiting the non-profit membership section of thewebsite.ii.AllGiveIndianon-profitpartners,ataminimum,mustmeetthefollowingcriteria:a.Registered as a Non-governmental organization(NGO) or non-for-profit organization or equivalent in its localjurisdictionb.It should have some form of internal organizational structure, and have relative consistency of goals, structures and activities and meaningful organizational boundaries including identifiable membersc.The profits generated by the organization should not be returned or distributed to the owners or directorsd.The organization must benefit the community as a whole or an appreciable section of the community and the beneficiaries should be the disadvantaged and unprivileged sections of the communitye.The Non-profit should not have abetted or committed any act of violence and must not be associated with any individuals or groups who advocate, promote or engage in the use of violence in anyform.f.Honest in its internal and externalcommunications g.The organization must be willing to provide prompt report on the usage of funds and progress of the project for which it receiveddonations.h.The organization is committed to updating donors at least every three months on the progress of the project itlisti.The organization's staff must have the ability to communicate with GiveIndia in English, including translatingdocumentsj.The organization does not discriminate in selecting its staff, board, and beneficiaries on the basis caste, creed, gender, religion, race, sexual orientationetc.k.Also, ensure that you have the following documents ready, before you apply formembership:•Registration certificate for yourorganization•Copy of the PANcard•Audited statement for the last year along with the name and contact details of the auditor mentioned in thestatement.•Account statement for last two months from any reputedbank•Tax exemption certificate issued to your organization (80G/35AC/12A, etc.) (Ifany)•International Grant/Fund receiving approval letter as perthe law of the landby•Government/State agency (For e.g. FCRA for Indian organizations) (Ifavailable)18.Membership ofNon-profitListingofyournon-profitontheplatformsignifiesthatyou,onbehalfofyournon-profit,haveagreedtothe following:i.The non-profit shall provide to GiveIndia, write-ups, publications, reports, data, photographs, videos, internal reports, reports submitted to/by external evaluators, funding agencies, etc., newsletters, studies and researches, financial information, statistics, and such other information, including financial information, as GiveIndia its representatives may require, in order to present the same in suitable formats and templates on theportal.ii.You authorize GiveIndiato appeal for and seek donations on behalf of your non-profit, or earmarkedforthenon-profit,onaregularbasis,insuchwaysasarewithintheprovisionsoflaw,and promotionalethics. iii.The non-profit shall, if required, carry out such formalities as may be required to obtain suitable tax exemption or deduction status, or other tax benefits that may be passed on to donors. While GiveIndia shall provide advisory support and guidance to thenon-profit in this regard, the responsibility of obtaining such concessions shall vest with thenon-profit.iv.The non-profit shall ensure that all donations received through the portal are used within a reasonable time limit, for the purpose selected by the donor, from the choices made available by the non-profit on the portal. The non-profit shall ensure that the donor’s intention is honored, and in case of inability to do so, shall, in consultation with GiveIndia, either refund the donor’s money,orobtain consent to apply the donation for such other purpose as the donor may deem fit.v.GiveIndia,forthetimebeing,ensurethatamaximumof100%oftheamountdonatedbyadonorto the non-profit is passed on to the non-profit. Any change in this arrangement shall be intimated to the non-profit by GiveIndia either through writing or email, at least 30 days in advance.vi.The non-profit shall issue suitable receipts and tax deduction or exemption certificates to the donor or to GiveIndia, as the case may apply. The receipts may be sent to GiveIndia or to the donor directly, as may be determined by GiveIndia from timetotime.vii.The non-profit shall send to GiveIndia or to the donor directly, as may be determined by GiveIndia from time to time, such feedback on the utilization of her donation, as may have been mutuallyagreedtobetweenthenon-profitandtheGiveIndia.Thenon-profitappreciatesthatprovision of such feedback forms a very key element of its responsibilities as part of the membership, and that non-fulfillment of the same shall, without prejudice to the other provisions of the Terms and Conditions, make it liable to refund the donation to GiveIndia or donor. Where the donation hasnot been credited to the non-profit, GiveIndia may, if it so desires, withhold disbursement till such feedback is provided.viii.The non-profit shall also permit an external audit or inspection of its books of accounts GiveIndia or its representatives, covering the donations and grants received through the portal, or from any other source or sources, including funding agencies or otherdonors.ix.The non-profit shall maintain adequate systems to track the donations of individuals, usage of donations for the purpose specified, mailing of tax certificates and receipts, and reporting formats as applicable. These systems shall be subject tothe audit mentionedabove.x.The non-profit shall carry out statutory audits on time, and provide all audit reports (statutory as well as internal) to GiveIndia onrequest. xi.The non-profit will provide regular updates on the usage of funds and their impact, performance and financial ratios of efficiency and effectiveness, etc. through reports and case studies, and also help GiveIndia and its representatives to compile suchupdates.xii.The non-profit indemnifies GiveIndia against any and all legal liabilities arising out of the presentation of such false or incorrectinformation.xiii.Thenon-profitwarrantsthatalltheinformationprovidedbyittoGiveIndiaatthetimeofapplication and subsequently, is true to the best of its knowledge and belief, and especially warrants that it has provided accurate information about whether it is duly registered as per the provisions of the FCRA or not. The non-profit indemnifies the GiveIndiafrom any liabilities arising out of error or willful default in regard to the non-profit legal obligations with regard to the FCRA or any other Act as may apply to the apply to the non-profit, including, but not limited to, submission of FCRA forms and other suchdocuments.xiv.Thenon-profitindemnifiesGiveIndiafromanyandalllegalliabilitiesarisingduetononcompliance onpartofthenon-profit,withthetermsmentionedintheTermsandConditions.xv.The non-profit indemnifies GiveIndiafrom any and all legal liabilities that may arise due to the non-profit authorizing any other person or entity to operate the account administration or similar software on itsbehalf.xvi.The non-profit indemnifies the Merchant of all liability for financialtransactions that are not honored by the donors, including, but not limited to credit card charge backs, cheese that are dishonored, online transactions reversed at the request of the donor, stop-payments and the like. In all cases where the non-profit has already received payment which is subsequently dishonored, the non-profit undertakes to make good any repayments that GiveIndia will have to make to financial intermediaries on account of such dishonoring of the donation by thedonor.xvii.All the material developed for and hosted on the portal, including text, photographs, videos, multimedia and any other matter will be the copyright of GiveIndia, except for material which is taken directly from an existing publication, photograph, news clipping or publication of the non-profit,etc.Incaseswherethematerialistakenfromanexistingpublication,thecopyrightshallvest with the originalsource.The provisions of this Terms and Conditions shall be governed by, and construed in accordance with Indian law, and any dispute, controversy or claims arising out of or relating to this agreement or any breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The jurisdiction of this agreement shall be Delhi NCR. For any other information on Terms and Conditions, contact us at support@giveindia.org. Member NGOs can contact us at partners@giveindia.org.For membership enquiry, email to us partnership@giveindia.org.Terms and Conditions for HealthcareFundraisersi)This is a platform to enable individuals, entities and charities to raise funds for their medical cause by creating a healthcarefundraisersto accept monetary donations from donorsii)GiveIndia facilitates the fundraisercreation and aids donors to make donations. GiveIndia is not a broker, agent, financial institution, creditor or an insurer for any fundraiseror user of this platformiii)An individual can create fundraiserson this platform in order to raise funds for medical reasons, treatment of medical conditions in a hospital or medical institution, aloneiv)All the funds collected through this platform will be disbursed to the hospital/medical institution or the individual for treatment of the patient. Disbursements can be processed once the GST invoices are submittedv)While fundraiserscan be initiated by submitting the diagnosis document and the estimated cost of treatment from the hospital, the fundraiser ownerwill be required to submit and convey all the necessary, relevant information, documents, bills and invoice to GiveIndia before the disbursement can be processedvi)All the documents, information, bills and other details submitted and conveyed by the fundraiser ownerwill be verified and vetted by GiveIndia according to the standards and guidelines followed by GiveIndiavii)In the event of any discrepancies, inconsistencies, irregularities, and malafide intention in relation to the documents furnished or any information conveyed by the fundraiser, GiveIndia reserves an unconditional and absolute right to cancel and/or reject the fundraisercreated/ submitted by the fundraiser ownerviii)The fundraisershall go live and start reflecting on the platform immediately after submission. However, GiveIndia will conduct a due vetting and verification of the documents which might take upto 72 hours. Should there be a discrepancy in the details submitted and it fails the verification process, GiveIndia will archive the fundraiserfrom the platform and the money shall be refined to the respective donors. These timelines may be affected/ altered/ extended as per any exigency or unforeseen or unavoidable circumstancesix)All the funds which are collected for a fundraiserthrough GiveIndia’s platform will follow the disbursement timelines set by GiveIndia. Domestic donations are usually credited every 15 days, and international donations will be credited within a maximum of 3 weeks. However, these timelines may get affected due to any unforeseen circumstancesx)In case of emergencies, where the funds are required to be disbursed urgently and before the above mentioned disbursement timeline, the fundraiser owneris requested to intimate the same to GiveIndia, and place an additional request for the same. The same will be considered, only upon the satisfaction and verification of GiveIndiaxi)All the donations by the donors are at their own risk. The donors agree to make the donation for any fundraisers, as per the terms and conditions stated thereinxii)The donor shall provide GiveIndia all such information that is required to enable the issuing of an official donation receipt for the donation made by them xiii)All donations on GiveIndia Fundraisers are tax exempted under Section 80G of the Income Tax Act, 1961, which implies a 50% tax exemption for Indian donorsxiv)All donations by US donors receive an exemption under Internal Revenue Code Section 501(c)(3)xv)All the donations by UK donors is covered under GiftAidxvi)The donations made on this platform are non-refundable and non-transferable in nature. GiveIndia will not be able to process any refunds for donations for which an e-receipt has been issued to the donor under Section 80G of the Income Tax Act, 1961xvii)GiveIndia does not charge any fundraiserregistration fee or browsing fee. GiveIndia charges a 7% donation retention on all contributions coming on its crowdfunding platform, inclusive of the payment gateway charges. GiveIndia does not charge any GST on the donations made on this platformxviii)The fundraiser owneragrees to release, indemnify and hold GiveIndia and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, costs, expenses, including reasonable attorneys' fees, rights, claims, penalties, prosecution, proceedings, disputes, charges, actions of any kind and injury (including death) arising out of or relating to your use of this platform, any donation, any fundraiser, any fundraiserrelated/ user related content, your connection to the services offered by this platform, your violation of these Terms and Conditions or your violation of any rights of another, or as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the fundraiser ownerof any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third partyxix)GiveIndia reserves the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. Any such change, will be updated on this website for the perusal of its usersxx)The donors and the fundraiser ownershereby agree and state that GiveIndiais only a service provider to enable fundraising for the respective cause/fundraiserscreated by the fundraiser owners, and GiveIndia shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the fundraiserin any manner whatsoever and the user of this platform, including the donors, hereby waives their right to bring any action/cause/dispute against GiveIndia for any reason whatsoeverxxi)Declaration You as a fundraiser, declare, represent and warrant that all the information provided by you in relation to the fundraiseris accurate, complete and true to the best of your knowledge and belief:•All the donations contributed by the donors towards your fundraiserwill solely be usedfor the purpose of medical treatment of the patient.•You will inform GiveIndia of any changes/ amendments pertaining to the documents, bills, medical history or any other information whatsoever furnished by you with respect to the fundraiser•You authorise GiveIndia to use the personal data provided by you for the purposes for which you have shared it with us. You authorise GiveIndia to reserve the right to provide information relating to your fundraiserto donors, hospitals, or law enforcement authorities.•You will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting and asset disclosures for your fundraiser.•You are not being malafide in your intentions and actions, and are genuinely raising funds for a true medical/healthcarecause.•You will comply with all the terms and conditions contained herein along with the organizational rules, regulations and bye-laws of GiveIndia. HotDoc Terms of Service – Patients Last updated: August 5, 2020 Hi there, we’re HotDoc and these are our Terms of Service. They form a contract between you and us, so please read them carefully before using our website, app or online booking functionalities. Because we actually want you to read these Terms, we’ve included some explanations in green (like this one). While we hope they will help you to identify some key points, they don’t technically form part of the Terms – so please don’t rely on them instead of reading the Terms in full. Feel free to contact us if you have any questions or feedback about these Terms. 1. Background 1.1 HotDoc Online Pty Ltd ABN 84 159 662 558 (We, Our or Us) provides the HotDoc online platform that enables Patient Users to book medical appointments and use other related functionalities (the Platform). 1.2 In these Terms, a reference to You or Your is a reference to a Patient User of the Platform. Other capitalised words are defined at the end of these Terms. 1.3 These Terms set out the basis on which We permit You to access the Platform. By accessing and using the Platform, You agree to be bound by these Terms and Our Privacy Policy located at https://www.hotdoc.com.au/practices/privacy-policy (Privacy Policy), as amended from time to time. 1.4 We may amend these Terms at any time by publishing the amended version on Our website or by otherwise providing notice to You, such as by email or notification in the Platform. Any such amended version will apply to Your use of the Platform from the date of its publication or Our notice to You. We’re always striving to improve the platform. Because we want these Terms to stay relevant, we might need to update or change them every now and then. We’ll publish any updated versions on our website and let you know if there are significant changes you’d probably want to know about. 2. Your access to the platform 2.1 We grant You access to the Platform on the basis that You: (a) will comply with these Terms at all times; and (b) will comply with any reasonable request by Us in relation to Your use and access of the Platform. 2.2 By accepting these Terms, we grant You a limited, non-exclusive and revocable licence to access and use the Platform. We may issue this licence to You on any further terms or limitations as determined by Us. 3. Account registration 3.1 In order to access the Platform, You must register an Account. We may set registration requirements in Our discretion, including those contained in clause 3.2. 3.2 You agree and accept that: (a) as a Patient User, You must verify Your identity by supplying at least three forms of unique identification in order to use the Platform, including but not limited to a current mobile telephone number that we can reach You on, Your surname and Your date of birth. If You do not provide Us with this information, We are unable to provide You with access to the Platform; (b) You are responsible for correctly setting up Your Account, and for any information that You (or any third party authorised by You) enter into the Platform; (c) You are not permitted to access or Use the Platform if You are under the age of 16; (d) in order to protect Your Personal Information and Health Information, We may restrict access to Your Account until Your identity can be verified, including where You fail to supply the correct verification information for Your Account; and (e) any person who registers or uses a Patient User’s Account in the Platform other than the Patient User themselves warrants that they are an authorised representative of that Patient User, or their parent or their legal guardian, and have the requisite authority to bind the Patient User to these Terms. To use our platform, and protect your information, you’ll need to register an account (which is easy to do) and verify that you are actually you. Also, you have to be at least 16 years old to create your own account (sorry kids!), and can only create or use an account for someone else if you have their consent or the authority to do so. 4. Acceptable use and your obligations 4.1 In accessing or using the Platform, You must ensure that You do not: (a) breach any laws, or encourage or assist the commission of any illegal act; (b) infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights; (c) include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Platform or any device accessing the Platform; (d) impersonate any other person; (e) negatively impact any other Patient User’s ability to access and use the Platform; (f) publish or link to malicious content; (g) vexatiously or frivolously use the Platform; (h) make a Booking via the Platform, and fail to take all reasonable steps to either attend that Booking or provide reasonable notice of any cancellation; or (i) engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services; or (j) record or publish the medical advice provided to you within a telehealth booking facilitated by the Platform We really love our platform, and we want to protect it and our users. Don’t do any of the stuff described above, or it might just break our hearts (and get you into legal strife). 5. Availability of the platform 5.1 While we take all reasonable steps to limit any interruptions to Your access to the Platform, You acknowledge and agree that: (a) Your access to the Platform may be prevented by issues outside of Our control; (b) We do not promise continuous or error-free access to the Platform, including as to any third party services facilitated by the Platform such as teleconsultations; (c) the functionality of the Platform may change or be improved from time to time; and (d) You are able to prepare for, or manage, unscheduled unavailability of the Platform by: (i) keeping Your mobile app up to date, which will store local copies of the data stored within the Platform; (ii) printing hard copies of the information stored within the Platform; or (iii) contacting Your Practitioner directly. We work hard to keep the platform functioning, and we think we’re pretty good at this. But, as with all techy stuff, technical issues can happen. If you’re worried about this, you can handle unscheduled interruptions by keeping your app updated, or doing some old-fashioned things like printing relevant information or calling your doctor direct. 6. Third party information 6.1 You acknowledge and agree that: (a) the Platform provides links to third party websites; (b) We are not responsible or liable in any way for any information contained on any linked third party website, including medical or clinical information; and (c) We provide and operate the Platform only, and are not responsible for, or liable with respect to, the accuracy or completeness of any information or data which is provided or communicated to You via the Platform by Your Medical Practice or Practitioner, or any other user of the Platform. 7. Data 7.1 We take the security of the Platform and the privacy of Patient Users very seriously. You agree that: (a) You will not do anything to prejudice the security or privacy of Our systems or of the information on Our systems; (b) You are solely responsible for the security of Your login details for accessing the Platform; and (c) You will notify Us immediately if You become aware of any unauthorised access to the Platform. Keep your login details safe, and report any security issues or concerns to us. And (this is important), make sure you do the right thing in terms of keeping the platform secure. 7.2 We will do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You provide Us with information via the internet, You do so accepting this risk. Like most ways of sending messages, the internet is not without risk. It’s important for you to be aware of this, and to understand that some risks (like hacking) can be outside of our control. 7.3 We may limit the amount of data that You can store in the Platform, and will advise You of such limitation. Data that is stored with Us will be stored according to accepted industry standards. 7.4 We will perform backups of the Platform in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific Patient User content from any period of time, unless so stated in writing by Us. 8. Privacy 8.1 By using the Platform, You acknowledge and agree that: (a) We will collect any Personal Information (including any Health Information) You provide to Us or Your Medical Practice or Practitioner via the Platform, and We will manage and deal with this Personal Information in accordance with Our Privacy Policy; (b) We may share Your Personal Information or Health Information with any Medical Practice or Practitioner authorised by You, or with whom You request a Booking, or otherwise communicate, with via the Platform; (c) the Medical Practice You request a Booking with, or otherwise communicate to, via the Platform may have its own policy governing access to this information – Our Privacy Policy does not govern, and we make no representations in relation to, how Your Medical Practice or Practitioner handles Your Personal Information, and You should direct any such enquiries to them directly; (d) any consent given by You through the Platform is valid and binding unless and until revoked by You, and a Medical Practice or Practitioner may rely on a consent given through the Platform without any need to further verify that consent; (e) We may send You emails, text messages, push notifications and other alerts on behalf of Us or Your Medical Practices and their Practitioners, for purposes such as confirming your Booking, providing clinical or appointment reminders, facilitating patient surveys and providing You with Your password to access the Platform; and (f) We may also collect browsing information about You from Your use of Our website, which uses cookies (a small tracking code in Your browser) to improve Your experience while browsing. You may manage how You handle cookies in Your browser settings. (g) We may access and collect your geo-location during the use of Our Mobile Check In feature. This permission is requested from you when you access the feature and information is only collected during the check-in process. Any geo-location data collected will only be used for the purpose of delivering the service. 8.2 If, at any time, You provide or upload Personal Information or other information about someone other than Yourself to the Platform, You warrant that You have that person’s consent to You providing such information (including their Personal Information) to Us for the purpose specified. 8.3 If You provide anyone else access to the Platform (including providing anyone else with Your login details to the Platform), then You consent to that person accessing the Platform on Your behalf, including accessing Your Personal Information. 8.4 If You suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Platform, You must let us know immediately. Eyes starting to glaze over? Maybe it’s time to grab a coffee (or a healthier equivalent!), because the above section is really, really important. It explains that we need to collect and handle your personal and health information (and disclose it to your GP), and some other things you need to know or do so that everyone is on the same page on the important topic of privacy. While we’re at it, you should also read our privacy policy here. 9. Suspension or termination of access 9.1 We may, in Our sole discretion: (a) revoke, suspend or end Your licence and access to use the Platform; and (b) cancel or otherwise terminate Your Account with immediate effect. 9.2 We will ordinarily advise a User of any suspension, revocation or termination, however We are under no obligation to do so. 9.3 If Your Account is cancelled or We otherwise permanently end Your access to the Platform, information We have collected about You may be either: (a) permanently deleted or de-identified; or (b) retained in accordance with any applicable regulatory requirements. 9.4 Termination or expiration of Your licence or access to use the Platform will not affect any accrued rights, indemnities, or any other provision of these Terms which are intended by their nature to survive termination or expiration. It might seem harsh, but we can suspend or cancel your access to or account for the platform at any time. We really hope we won’t need to (but our lawyers say we need to keep our options open… just in case). 10. Intellectual property 10.1 We (or Our licensors) retain ownership of all intellectual property rights in and to the Platform, including messages and content We make available to You. 10.2 Nothing in these Terms transfers any intellectual property or proprietary rights in the Platform. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), You must not: (a) copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services, content, technology or intellectual property rights obtained through Your use of the Platform; (b) reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works from, disassemble, disable or tamper with any part of the software forming part of the Platform; or (c) rent, lease, lend, resell or sub-licence Your rights to use and access the Platform. 10.3 You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions You make to the Platform in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by You with respect to the Platform. We’ll let you access and use it for free, and we welcome your contributions, but the platform (including any developments) is our property and you mustn’t copy, reproduce or exploit it – the content is very important to us and we can’t let you or anyone else steal it! 11. Liability and indemnity 11.1 To the extent permitted by law, You acknowledge and agree that: (a) Your use of the Platform is at Your own risk; (b) You are solely responsible for Your use of the Platform and for the accuracy and suitability of any information or data that You upload to, or obtain from, the Platform, including any third party services facilitated by the Platform; (c) We make no representation or warranty that an appointment time is actually available or that a Medical Practice will confirm a Booking request. It is Your responsibility to contact the Medical Practice if the Medical Practice experiences any issues with Your Booking request, Booking, Reminder or Recall made via the Platform, including any delay; (d) the Platform is not designed for, and must not be relied upon in relation to, any critical, emergency or acute care medical circumstances. (e) the Platform does not provide medical advice, nor does it hold itself out to provide medical advice; (f) We provide and operate the Platform only, and are not responsible or liable for the conduct or activities of other third parties, including any third party service provider, Medical Practice or Practitioner; and (g) under no circumstance will We be liable for: (i) any illness, injury, or death resulting from use of the Platform; or (ii) any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Platform or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss. 11.2 You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms. 11.3 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories, and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, We together with Our related entities exclude all conditions and warranties that may be implied by law. While our platform is pretty great, nothing is perfect. Our lawyers tell us it is a good idea to include the above to ensure we’re not responsible for actions we can’t control or if something goes wrong (such as an inability to book the appointment you need, or a technical error). Also, remember how we mentioned the possibility of legal strife earlier? If you breach these Terms, it could cause us significant damage and you’ll be responsible for any mess this makes for us (including financial ones!). 12. General 12.1 You acknowledge that You have not relied on any representation, warranty or statement made by Us, other than as set out in these Terms or Our Privacy Policy. 12.2 No clause of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided in writing. 12.3 The laws of the state of Victoria, Australia govern these Terms, and You agree to the non-exclusive jurisdiction of courts in the State of Victoria, Australia for any disputes which might arise. 12.4 Any clause which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms. 12.5 You may not assign or otherwise create an interest in Your agreement with Us without Our prior written consent. We may assign or otherwise create an interest in Our agreement with You under these Terms by written notice to You. 13. Interpretation 13.1 The following terms are used regularly throughout these Terms and have a particular meaning: (a) Account means a registered Patient User’s account on the Platform. (b) Booking means an appointment with a Practitioner that is made using the Platform. (c) Health Information has the same meaning as in the Privacy Act. (d) Medical Practice means a medical practice, healthcare practice or other organised or incorporated body that provides healthcare services by appointment with medical practitioners or other health professionals, and includes a Practitioner or other staff members where implied by context. (e) Patient User means a person who accesses or uses the Platform as a patient or consumer of health services, such as to request a Booking or supply information to a Medical Practice. (f) Personal Information has the meaning given to that term by the Privacy Act. (g) Practitioner means a medical practitioner, health professional or other individual with whom appointments may be made and managed via the Platform. (h) Privacy Act means the Privacy Act 1988 (Cth). (i) Recall means a clinical reminder sent to a Patient User via the Recall Module. (j) Reminder means an upcoming appointment reminder sent to a Patient User via the Reminder Module. (k) Terms means these Terms of Service. 13.2 The following rules apply unless the context requires otherwise: (a) headings and explanations are for convenience only and do not affect interpretation; (b) the singular includes the plural and the opposite also applies; (c) if a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning; (d) a reference to a clause or item refers to clauses and items in these Terms including the Schedules; (e) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it; (f) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included; (g) a reference to a party to these Terms or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives); and (h) a reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them. The above sections explain what the capitalised terms we use throughout these Terms mean, and also has some general rules about how this contract should be read. Phew! You made it. Now let’s get on with connecting you with your doctor! HotDoc Privacy Policy Last updated: 27 March 2020 1. Purpose of our policy 1.1 HotDoc Online Pty Ltd ABN 84 159 662 558 (‘HotDoc’) provides the HotDoc online medical appointment booking and management services and associated technologies (‘Platform’). 1.2 All references to ‘us,’ ‘we’ and ‘our’ in this Privacy Policy are references to HotDoc. All references to ‘you’ and ‘your’ in this Privacy Policy are references to: (a) the general practitioners and employees of medical clinics who are customers, or potential customers, of our products and services (‘Clinic Representatives’); (b) the patients of the medical clinics who use our Platform, and any other individuals who use our Platform or website to connect with a general practitioner (‘Patients’); and (c) our contractors and suppliers, potential employees, and any other individuals we might deal with in the course of running our business or providing our services. 1.3 We know that your privacy is important to you – it’s important to us as well. We publish this Privacy Policy to make it easy for you to understand the types of personal information we might handle, why and how we might collect, use or disclose it, and the rights you have to access or correct any personal information held by us. 1.4 We are committed to protecting your privacy, and ensuring that the ways in which we deal with your personal information comply with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (‘Privacy Act’) and any other applicable health records legislation. 1.5 We may update this Privacy Policy periodically and without notice to you. You should review this Privacy Policy from time to time to review any changes. If you have any questions about this Privacy Policy, please contact us using our contact details contained in section 9 below. 2. The types of personal information we collect 2.1 To provide our services and run our business, we need to collect personal information, being information or an opinion about an individual which is reasonably capable of identifying that individual (and which might also include their health or other sensitive information) (‘Personal Information’). 2.2 We may collect and hold your Personal Information for a range of reasons, such as to allow us to identify who an individual is before they access or use the Platform, to facilitate communications between Patients and their medical clinics, or to communicate or transact with individuals in the ordinary course of business. 2.3 If you are a Patient: (a) most Personal Information we collect about you will be received from you directly (or your primary carer) or, to optimise the functionality of the Platform or enable us to provide services to your medical clinic, from the medical clinic which you are a patient of or have booked an appointment with; and (b) the types of Personal Information we may collect, depending on the circumstances, include: (i) general information such as your name, location, date of birth, Medicare details, family details including marital status, contact information (including your email address, telephone and fax number, residential, business and postal addresses), your user name for the Platform, and details of your use of, or access to, the Platform; (ii) health information such as information which might relate to your health, the health services which have been or are to be provided to you, or other information which falls within the scope of ‘health information’ as that term is defined in the Privacy Act; (iii) other ‘sensitive information’ as that term is defined in the Privacy Act (excluding health information, which is addressed above), such as information which might relate to, among other things, your racial or ethnic origin, sexual orientation or practices, criminal record or religious or philosophical beliefs. We will only collect this type of information if you provide it to us directly; (iv) details of any communications or interactions you have with a medical clinic using the Platform – for example, details of an appointment you have made, confirmed or cancelled; (v) if you use or access our website or Platform, aggregated statistical information such as information about your online preferences and movements, location information, and other information which is typically obtained from cookies (although you can adjust your browser’s settings to accept or reject cookies). This statistical information will be collected on an anonymised basis only; and (vi) any other Personal Information you send or disclose to us, including our records of any communications or interactions we have with you. 2.4 If you are a Clinic Representative: (a) most Personal Information we collect about you will be received from you directly, your patients or potential patients, or the medical clinic which employs or otherwise engages you. However, and depending on the nature of your relationship (or potential relationship) with us, we may also collect your Personal Information from other sources such as advertising, public records, mailing lists, contractors, our staff and our business partners; and (b) the types of Personal Information we may collect about you include: (i) general information such as your name, location, date of birth, contact information (including your email address, telephone and fax number, residential, business and postal addresses), your log-in details for the Platform, and details of your use of, or access to, the Platform; (ii) financial information such as any of your bank or credit card details used to transact with us, or other financial information that allows us to transact with you or provide you with our services; (iii) details of any communications or interactions you have with a Patient using the Platform – for example, details of an appointment that is managed using the Platform (and any related communications); (iv) as relevant to your relationship with us, information about your online preferences and movements, location information, trends, decisions and other information which is typically obtained from cookies (although you can adjust your browser’s settings to accept or reject cookies), and other information about your preferences and purchases in relation to our products; (v) information about your professional registration, associations or memberships; and (vi) any other Personal Information you send or disclose to us, including our records of any communications or interactions we have with you. 2.5 If you are a contractor or supplier, potential employee, or another individual we deal with in the course of running our business: (a) most Personal Information we collect will be received from you directly, however may also be collected from third parties such as recruitment agencies or our business partners (such as other contractors, employees, service providers or suppliers); and (b) the types of Personal Information we might collect about you will ultimately differ based on the circumstances, but might include: (i) your name and contact details; (ii) your professional qualifications or skills; (iii) details of your employment history (including details of any personal or professional references provided to us by third parties); (iv) financial information such as any of your bank or credit card details used to transact with us; and (v) other Personal Information you send or disclose to us, including our records of any communications or interactions we have with you. 2.6 In addition to the above, if you use or access our website or Platform, or receive subscription email communications from us, we may collect statistical information using cookies or analytical services (although you can adjust your browser’s setting to accept or reject cookies), or by using pixel tags, which enable us to send email messages in a format customers can read and they tell us whether mail has been opened. 3. How personal information is used and disclosed 3.1 The primary purposes for which we collect Personal Information are to enable the functionality of the Platform, provide you with our services, and to support the operation of our business. 3.2 If you are a Patient: (a) we will never sell or exploit your Personal Information, or share it for any purposes which are unrelated to providing and operating our Platform; (b) we will use your Personal Information (including your health and other sensitive information) for the primary purpose for which we collected it (for example, to contact you to confirm an appointment booking, or to provide details of that booking to your medical practitioner); (c) we will only use your Personal Information for secondary purposes if you have provided your consent for us to do so, or if you might reasonably expect us to do so (for example, to investigate or respond to a complaint that you have raised with us, or to verify your identity if you have forgotten your user details for the Platform); (d) we maintain all Personal Information (especially health information) in strict confidence, and will only disclose it to third parties where: (e) it is reasonably necessary to enable us to provide you with your use of the Platform, or to enable your medical practitioners to keep up to date records and communicate with you; or (i) we are otherwise authorised or required to do so under relevant laws, such as if the disclosure is reasonably necessary due to law enforcement activities, or to lessen a serious threat to the life, health or safety of any individual. (f) the types of third parties that we might disclose your Personal Information to include: (i) the medical clinic that you have previously had, or intend to book, an appointment with; and (ii) our service providers who support and enable us to provide our services and run our business, such as: A. our information technology, network, software and cloud storage providers; B. any practice management software providers which your medical practitioner uses; and C. our external professional advisers (such as legal advisors); and (g) if we do share or disclose your Personal Information as described above, we will always first consider whether we can reasonably de-identify or anonymise that information. 3.3 If you are a Clinic Representative: (a) we will use your Personal Information (including your financial information) for the primary purposes of providing you with our services or enabling your use of the Platform to communicate with your patients, such as to: (i) communicate with you about an appointment or patient communication; (ii) monitor your use of the Platform or our services; (iii) enable patients to book appointments or communicate with you; (iv) verify your identity; and (v) perform billing and payment activities; (b) we may also use your Personal Information (including your financial information) for secondary purposes such as: (i) communicating with you about: A. your relationship with us; B. our goods and services; C. our own marketing and promotions; or D. competitions, surveys and questionnaires; (ii) investigating any issues or complaints about, or made by, you or another individual, or if we have reason to suspect that you or another individual are in breach of any of our terms and conditions or have been otherwise engaged in any unlawful activity; or (iii) any other purposes which are required or authorised by any laws (including the Privacy Act); (c) we will only disclose your Personal Information to third parties where this is reasonably necessary to enable us to operate our business or provide you with our services and the use of the Platform, or as is otherwise required or authorised by any laws (including the Privacy Act); (d) the types of third parties we may disclose your Personal Information to include: (i) your patients or potential patients; (ii) any individuals or entities who access your details which are published via the Platform; (iii) the medical clinic which employs or engages you; (iv) our service providers such as those which provide us with: A. our information technology, network, software and cloud storage providers; B. the practice management software provider used by the medical clinic which employs or engages you; C. subscription and mailing operations; D. billing and related financial functions; and E. our external professional advisers, such as legal advisors or accountants. 3.4 If you are a contractor or supplier, potential employee, or another individual we deal with in the course of running our business, we will only use or disclose any Personal Information that we collect for the purpose for which it was collected, or for any secondary purposes which you might reasonably expect and which are related to the primary purpose. The primary purpose of our collection can generally be determined by the circumstances in which the information was collected or submitted. For example, if you are a potential employee and provide us with your CV, we will use it for the purposes of assessing your application for employment. 3.5 The types of disclosures described in this section might also involve your Personal Information being sent to some overseas recipients (for example, to any of our service providers who are located overseas). This might currently include third parties which are located in the United States of America, though this may change from time to time. 4. Opting out 4.1 An individual may opt not to have us collect their Personal Information, or for us to de-identify any Personal Information we hold about them. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services, including via the Platform. To opt out, please contact us by email to: (a) for Patients: privacy@hotdoc.com.au (b) for Clinic Representatives: privacy@hotdoc.com.au 4.2 If an individual believes that they have received information from us that they did not wish to receive, they should also contact us on the details above. 5. Coronavirus COVID-19 Pandemic – Fever Clinics 5.1 The Australian Government is establishing pop-up fever clinics as part of its response to the COVID-19 pandemic (Fever Clinics). 5.2 In addition to our usual activities, our Platform is being used as booking service for the Fever Clinics. 5.3 You can make a Fever Clinic appointment directly online or through the HotDoc App. Alternatively, an appointment may be made on your behalf via the national coronavirus hotline. 5.4 Where a Fever Clinic appointment is made by you or on your behalf via our Platform, in addition to the uses and disclosures of Personal Information identified in section 3 above, HotDoc will, for the purpose of assisting the Australian Government in managing the COVID-19 pandemic: (a) collect your Personal Information; and (b) disclose to the Commonwealth Department of Health: (i) your contact information; and (ii) details of your Fever Clinic appointment. 6. Keeping your personal information secure 6.1 We will take all reasonable precautions to protect your Personal Information from unauthorised access or disclosure, or misuse or loss. This includes appropriately securing our physical facilities and electronic networks. 6.2 HotDoc uses standard industry encryption methods when storing and transferring Personal Information, and has implemented monitoring and access controls which regulate who can access particular information. 6.3 Your personal information will be stored in secure, encrypted electronic format and it will be stored in Australia. 6.4 We will not disclose an individual’s Personal Information to any entity or person outside of Australia, unless that entity or person is in a jurisdiction with a similar regime to the Australian Privacy Principles, or otherwise contractually agrees to safeguard Personal Information as we do. For example, in specific circumstances, personal information such as name and contact details may be shared with our software providers located in the United States of America. We will take all reasonable steps to ensure this personal information remains sufficiently protected. 6.5 We will retain Personal Information for as long as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. 7. How to access, correct or update your personal information 7.1 Under the Australian Privacy Principles, you have the right to request access to, or correction of, the Personal Information that we hold about you. 7.2 If you would like to make a request to access, or correct, your Personal Information which is held by us, you can: (a) if you are a user of the Platform, update some of your Personal Information from within your Platform account or profile; or (b) otherwise contact us using the details provided in section 8 of this Privacy Policy below. 7.3 If you cannot update or correct your Personal Information via the Platform, we will take reasonable steps to correct any errors in the Personal Information we hold about you within 7 days of receiving written notice from you about those errors, or to provide you with access to the Personal Information we hold within 28 days of a written request. 7.4 We may charge you a reasonable fee for our costs incurred in meeting any of your requests to access or correct the Personal Information we hold about you. 7.5 If we deny you access to, or we refuse your request to correct, your Personal Information, we will provide you with our reasons for this. 8. Complaints and disputes 8.1 If you have a query or complaint about our handling of your Personal Information, please contact us in writing using the details provided in section 8 below. We will aim to resolve the issue with you directly. 8.2 If you are not satisfied with our response to your complaint, you can also lodge a complaint with the Office of the Australian Information Commissioner: (a) by phone: 1300 363 992; or (b) online at: www.oaic.gov.au. 9. Contacting us 9.1 All questions, comments or requests regarding this Privacy Policy or the way in which we handle your Personal Information should be addressed to: (a) by email: privacy@hotdoc.com.au; or (b) by post: The Privacy Officer HotDoc Online Pty Ltd Level 9, 525 Flinders Street MELBOURNE VIC 3000 9.2 You may contact the Privacy Officer by email in the first instance. 10. Addition to this policy 10.1 From time to time, we may need to change this Privacy Policy. If we do so, we will post the updated Privacy Policy on this webpage (www.hotdoc.com.au/practices/privacy-policy). 10.2 Please refer back to this Privacy Policy to review any amendments, as any revised Privacy Policy will apply to all Personal Information (including health and other sensitive information) that is held by us. Humantix Ticket Purchasing Agreement 1 Agreement 1. 1 You should read these Terms and Conditions carefully. In these Terms and Conditions the words,“Humanitix”, “Company”, “we”, “our” and “us” refer toHumanitixLtdtrading asHumanitix,and includes its directors, employees and agents; and "you" or "your" means the person who accepts these Terms and Conditions, by using the Site and associated software, networks and processes, including the purchase ofgoods or services,through the Site.1.2These Terms and Conditions apply to you, the Site user and your usage of the Siteand associated software, networks and processes, including the purchase of ticketing and related software service that allow you access to, or participation in, events, venues and other activities, through the Site. 1.3By browsing the Site, or placing an Order, you agree to these Terms and Conditions.1.4Humanitix acts as an agent to the Event Promoter and by entering into this Agreement,youagree and acknowledge that youare buying a ticket or merchandise from the Event Promoter not us.2Interpretation2.1In theseTerms and Conditions:“Agreement” or “Terms and Conditions”means these Terms and Conditions, including all the terms of any Order placed by you the user through the Site (if applicable).“Customer” means the person or legal entity identified in a Humanitixinvoice or sales document.“Delivery Cost” means the costs associated with delivery as specified in an Order.“Event Promoter” means those individuals, businesses or charitable organisations, that are promoting or otherwise providing the events for which you purchase tickets, including the event organiser, promoter, producer, presenter, band, manager or venue. “Goods” means the Ticketslisted in an invoice or sales documentandMerchandise.“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.“Merchandise” means any items other than Tickets listed on the Site (for sale or otherwise).“Order” means an order for one or more Ticketsor Merchandise placed by a Customer through the Site.“Site” means the internet site located at the URL:www.humanitix.com.auand operated by Humanitix. “Tickets” means tickets to eventslisted on the Site (for sale or otherwise), including:(a)“physical tickets”: Tickets received via mail or collected on site(b)“e-tickets”:Print-at-home and email confirmations serving as tickets to gain entry to the event2.2Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes onlyand all references to clauses are to clauses in this Agreement unless otherwise specified.3Site Use3.1You must ensure that your access to, or use of the Site is not illegal or prohibited by lawswhich apply to you.3.2You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference, whichmay damage your computer system. Humanitixtakes no responsibility for any such damage, whichmay arise in connection with your use of the Site.3.3You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.3.4You may not use one email address to register for multiple accounts.3.5You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. 3.6Humanitixmay stop (temporarily or permanently) providing access to the Site to you, or to guests or members generally, at our discretion and without prior notice to you.3.7We may in our sole discretion terminate your account or restrict your access to the Site. If we do this, you may be prevented from accessing all or parts of the Site, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Site, or change or remove Site functionality at any time without notice to you.3.8The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. Humanitixwill not be responsible for the content or privacy practices associated with linked websites.3.9You agree that you will not engage in any activity that interferes with or disrupts theSite or the servers and networks that host the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that preventor restrict use or copying of any content or enforce limitations on the use of the Site or the content.3.10You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Humanitixtakes no responsibility for any such damage which may arise in connection with your use of the Site.4Legal Capacity4.1You must be eighteen (18) years of age or over to register asa member of the Site or purchase Ticketsor Goods from the Site.4.2Any Order and/or purchase made by you using this Site is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with Humanitixin relation to these terms.4.3Humanitixreserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed. 5Pricing5.1All prices listed onthe Site are in Australian Dollars unless otherwise specified.5.2All prices listed on the Site include GSTunless otherwise specified.5.3All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.5.4Promotional discount codes may be given at the sole discretion of Humanitixon terms and conditions notified at the time of the relevant offer.5.5If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including Goods, associated Delivery Costand booking fees.5.6For physical ticketsand Merchandise: (a)All prices listed on the Site exclude non-refundable booking fees and Delivery Costs, which areshown separately in the in the check out page, prior to payment detailsbut may be recalculated depending on the number of Goods you place in an Order.(b)You agree to pay booking fees and Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase. (c)International Delivery Costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the recipient of the Order5.7For e-tickets: (a)all prices listed on the Site exclude non-refundable booking fees, which is shown separately in the basket but may be recalculated depending on the number of Goods you place in an Order.(b)You agree to pay booking feesas they are calculated and listed in the Order confirmation at the time of purchase. 5.8In accordance with Australian export regulations we are required to declare the exact value of all items and identify the Order as dutiable “merchandise”. We are also prohibited by law from identifying an Order as a “gift” for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.5.9Humanitixreserves the right to refuse a sale.6Ticket SpecificationsFeatures and characteristicsof Ticketsdescribed or depicted on the Site are subject to change without notice.7Orders7.1You may place an Order by filling in the Order Form on the Site and clicking the "confirm" button. 7.2Orders will be deemed to have been received by Humanitixat the time Humanitixsends an Order confirmation to your nominated e-mail address.7.3You should takecare when submitting an Order -Orders may not be cancelled once they have been received by Humanitix.7.4Offers for Ticketsor Merchandisemade by Humanitixon the Site do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Ticketsor Merchandiseyou have selected based on these Terms and Conditions.7.5Humanitixis an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. 7.6Each Order (once confirmed) represents a separate agreement. 7.7Humanitixreserves the right to not accept or to cancel Orders that request commercial quantities of Goods. 7.8Humanitix, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods.7.9In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.7.10Humanitixaccepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections. 11.5You must comply with directions from theEvent Promoterstaff to facilitate a return.11.6Returned Goods must be returned with proof of purchase in their original packaging, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability tomake a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Goods due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Goods without their original packaging.11.7Subject to clause 11.8, it is the customer’s responsibility to ensure that returned items are returned safely. Humanitixtakes no responsibility for items lost in transit.11.8Where you are returning Goods to the EventPromoterbecause of our failure to comply with a consumer guarantee, you must return the Goods to the Event Promoterat your cost unless the Goods cannot be returned, removed or transported without significant cost to you because of:(a)the nature of our failure to comply with the consumer guarantee; or(b)the size, height or method of attachment of the Goods.Where you are returning Goods to the Event Promoter, we take no responsibility for Goods lost in transit. If clause 11.8(b)applies, we will, within a reasonable time, collect the Goods at our expense.11.9Refunds may take up to 10 business days to be processed.11.10Other than for reasons described in this clause or in the case of a cancelled or rescheduled event(see clause 11)as defined by the Live Performance Australia Code of Practice, all ticket sales are final and no exchange or refund will be given.12Cancellation of an Event12.1Occasionallyan event may be cancelled, postponedor significantly varied(due to situations, which affect the performer, staff or audience) by the Event Promoter. 12.2In the event of an event being cancelled, postponed or significantly varied(due to situations, which affect the performer, staff or audience):(a)the Event Promoter and Humanitix will both make reasonable endeavours to inform ticket holders of an event being cancelled, postponed or significantly varied;(b)once you learn of an event being cancelled, postponed or significantly variedand you wish to access a comparable ticket at a varied or rescheduled event, or a refund (see below) please contact the Event Promoter at the email address listed on their ticket page;(c)the Event Promoterwill offer a comparable ticket at a varied or rescheduled event, or a refund for cancelled events (excluding the booking fee), whether they choose to offer a comparable ticket at a varied or rescheduled event, or a refundwill be at the sole discretion of the Event Promoter; (d)it is the Event Promoter’ssole responsibility and liability to provide any refund or comparable ticketand Humanitix will not have any liability or responsibility to issue any refund or comparable ticketor to handle the customer service associated with issuing any refund or comparable ticket; and(e)it will be your sole responsibility to apply for a comparable ticket at a varied or rescheduled event.13Changes to TicketsIf you wish to change any of the details of the Tickets purchased, including changing the name associated with any Ticket,you should contact the Event Promoter directly. It is the Event Promoter’ssole responsibility and liability to implement any changesand Humanitix will not have any liability or responsibility to implement any change or to handle the customer service associated with issuing any change. 14Intellectual Property14.1You acknowledge that all Intellectual Property in any Material on the Site is the property ofHumanitix, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing inthis Agreement gives you a right to use any of them.14.2You may view the Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968(Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Site or commercialise any information obtained from any part of the Site without the prior written consent Humanitixor, in the case of third party Material, from the owner of the copyright in that Material.14.3You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.15Linking to the Site15.1You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.15.2You must not establish a link from any website that is not owned by you.15.3This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.16Indemnity 16.1You waive, release, discharge and relinquish any and all claims that you have now or may have against Humanitixwhich are connected with, arise out of, relate to or are incidental to the use of the Site.16.2You agree to indemnify and to keep indemnified Humanitixand hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Humanitixarising out of or in connection with your use of the Site, any breach by you of this Agreement or the use of HumanitixTicketsor Merchandiseoutside the manufacturer’s specifications or other Product warnings or instructions (including labels) on the Site, accompanying the Ticketsor Merchandiseor otherwise notified to you from time to time.17Liability17.1You acknowledge that once Humanitix has remitted the purchase price paid by you to the Event Promoter, Humanitix has fulfilledits obligations to process your ticket and our only obligation to you relate to ticketing fulfilment prior to an event. Any disputes regarding refunds, the products, services, content, actions, failure to act of any venue, performer, promoter or third party in connection with or referenced on the Humaniitx website or App, other than a breach of this Agreement, are to the extent permitted by law, between you and the Event Promoter. 17.2To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Humanitix(in negligence or otherwise) is limited (at the option of Humanitix) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Humanitixshall not be held liable for any indirect or consequential loss.17.3To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Humanitix(in negligence or otherwise) is limited (at the option ofHumanitix) to these Terms andConditions.17.4To the extent permitted by law, typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by Humanitixwill be subject to correction without any liability on Our part.18Privacy18.1We gather personal information about our customers for the purposes of:(a)marketing, supplying or delivering our products to you;(b)carrying out repair work (both in and out of warranty repairs);(c)improving and developing our products; and(d)expanding our business.18.2Humanitixis committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared. 18.3Further details about our practices relatingto the collection, use, disclosure and storage of your personal informationare available from the adjacent privacy policy link19General19.1To the extent that there is an inconsistency between any agreement between you and the Event Promoter or terms and conditions issued by the Event Promoterand this Agreement, the relevant terms in this Agreement shall apply19.2Humanitixreserves the right to make changes to these Terms and Conditions without notice.19.3Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.19.4A failure or delay by Humanitixto exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Humanitixdoes not preclude its future ability to exercise that or any other power or right.19.5This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State. HUMANITIX PRIVACY POLICY We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information1Openness and transparencyHumanitix Limitedtrading as Humanitix(“Humanitix”)is committed to protecting your privacy and respects and upholds your rights under the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act).Humanitixensures that it will take all necessary and reasonable steps to comply with the APPs and to deal with inquiries or complaints from individuals about its compliance with the APPs . By using this website, you agree to and consent to the collection, use, holdingand disclosure of personal information by Humanitixas set out in this policy.2Personal informationPersonal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion. Personal information Humanitixmay collect from you includes, without limitation:•your name;•address;•email address;•telephone number(s); •date of birth;•credit card information;•your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;•details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;•any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;•information you provide to us through customer surveys; or•any other personal information that may be required in order to facilitate your dealings with us.Humanitixwill take all reasonable steps in the circumstances to protect all personal information collected from: (a) misuse, interference and loss; and(b) from unauthorised access, modification or disclosure. 23CollectionHumanitixwill collect personal information only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practical to do so, Humanitixwill only collect personal information about you directly from you. Humanitixwill not collect personal information unless the information is reasonably necessary for our functions and activities.Humanitixwill not collect sensitive information from you. If you use a pseudonym when dealing with us or you do not provideidentifiable informationHumanitixmay not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identifyyou. Humanitixrequires individuals to provide accurate, up-to-date and complete personal information at the time it iscollected. 4What does Humanitixdo with your personal information?In addition to any purpose notified to you at the time of collectionHumanitixuses your personal information for the purposesof:•providing our services to youincluding ;oour internal management needs;ooperating, protecting, improvingand optimising ourservice, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;oour marketing activities;oadminstering rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partnersoresponding to any inquiries or comments that you submit to us;•any other purpose you have consented to; and•any use which is required or authorised by law.5Disclosure of personal informationHumanitixmay disclose your personal information:•to third-parties we ordinarily engage for the above purposes;•any person or entity to whom you have consented to Humanitixdisclosing your personal information to; and•any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law.6Access and ManagementYou may request access to your personal informationin our customer account database,or seek correction of it, by contacting Humanitix. See section 9: Contact information. Humanitixmay charge a reasonable fee that is not excessive to cover the charges of retrieving your personal informationfrom our customer account database. Humanitixwill not charge you for making the request.If you believe that Humanitixholds personal information about youin our customer account databasethat is not accurate, complete,up-to-date, relevant or information that ismisleading then you may request its amendment and Humanitixwill respond to your request within a reasonable time.Humanitixwill not charge you for correcting your personal information.If Humanitixno longer needs your personal information for any the purposes set out in this policy, or as otherwise required by law, Humanitixwill take such steps as are reasonable in the circumstances to destroy the information or to de-identify it.Humanitixwill take reasonable steps to protect the personal information it holds from misuse, interferenceand loss and from unauthorised access, modification or disclosure.7Opting OutAt any time you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue.To optout email privacy@humanitix.com.au.8Cross-border disclosureHumanitixmay transfer your personal information to a person who is in a foreign countryto assist Humanitixin providing you with the service that you have requested. When entering into a transaction with Humanitixyou consent to your personal information being transferred to third parties located outside of Australia (Recipient) for the purpose of Humanitixproviding the service that you have requested. In giving your consent,you agree that Humanitixhas no obligation to take such steps as are reasonable in the circumstances to ensure that the information that is transferred will be held, used or disclosed in a manner that is consistent with the Australian Privacy Principles. You also agree that insofar as the law allows,Humanitixhas no liability for any breach by the Recipient of the Australian Privacy Principles.9Contact informationIf you require further information regarding this policyor wish to make a complaint about a breach of the APPsby Humanitix, please contact us via email: privacy@humanitix.com.au10HumanitixwebsiteWhen transmitting personal information from your computer to the Humanitixwebsite, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, Humanitixwill not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.The Humanitixwebsite may use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so,you may not be able to fully experience the interactive features of the Humanitixwebsite.11SecurityHumanitixmay hold your personal information in either electronic or hard copy. Humanitixtake reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, Humanitixcannot guarantee the security of your personal information.12MiscellaneousHumanitixreserves the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effectiveimmediately upon posting of the amended Privacy Policy on the Humanitixwebsite. myHELPbalance Portal Terms and Conditions Student Access to the Department of Education’s myHELPbalance portal Terms and conditions for students using myHELPbalance 1. Agreement 1.1 By using the myHELPbalance application and portal (“myHELPbalance”), you accept and agree to these Terms and Conditions. In these Terms and Conditions, “we”, “our” or “us” is a reference to the Commonwealth of Australia as represented by the Department of Education, or any other agency responsible for administering myHELPbalance. 2. myHELPbalance access and use 2.1 You must only use myHELPbalance to access information that is about you. You must only enter your identifying details into myHELPbalance. 2.2 You must not: (a) access or use myHELPbalance for any unlawful purpose; (b) attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any part of myHELPbalance (myHELPbalance and its contents are subject to copyright owned by us or a third party); (c) access or use (or attempt to access or use) any part of myHELPbalance, or any part of our other ICT systems, that you are not authorised to access or use, or attempt to bypass the network firewall; or (d) tamper with other persons' access to myHELPbalance, or otherwise misuse (or attempt to misuse) myHELPbalance – including by password cracking, social engineering (defrauding others into releasing their access information), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses, or intentional invasion of privacy. 2.3 We can: (a) limit your ability to use myHELPbalance, or terminate your access to myHELPbalance, at any time (including if you breach any of these Terms and Conditions); (b) control the times and periods during which transmissions to and from myHELPbalance can take place; (c) vary these Terms and Conditions or add new terms and conditions for the use of myHELPbalance (so the terms and conditions applicable when you next use myHELPbalance may be different from these Terms and Conditions); and (d) review and monitor your use of myHELPbalance to ensure you are meeting these Terms and Conditions. 3. Privacy, security and confidentiality 3.1 You must comply with all privacy, security and confidentiality laws, policies and requirements that are applicable to you, or are notified by us. 3.2 You acknowledge and agree that: (a) we will collect, and use, information about you and your access and use of myHELPbalance, in order to make your myHELPbalance information available to you, generate reports for us about use of myHELPbalance, and for our other functions and activities (these include handling in formation in accordance with relevant legislation such as the Higher Education Support Act 2003 and the Vet Student Loans Act 2016); (b) you do not have to provide your information to us, but if you do not we will not be able to provide you with access to myHELPbalance; (c) we may use and disclose your information to the extent that this is required or permitted by law, including under these Terms and Conditions, or if the information is in the public domain. This may include disclosure to: (i) our service providers who are subject to obligations of confidentiality, including to enable our effective management of myHELPbalance or the information in it; (ii) either or both a Commonwealth Minister or the Minister’s advisers, or in response to a request from a House or a Committee of the Parliament of the Commonwealth; or (iii) other Commonwealth agencies or to enforcement agencies or to other regulators, including to undertake data matching activities; (d) we do not intend to disclose your personal information overseas, unless this is in accordance with the Privacy Act 1988 (Cth); and (e) more information about how we manage personal information, including how individuals can access and correct their personal information held by us, or how to make a complaint, is available in our privacy policy, as published on https://www.education.gov.au/privacy-policy. 4. Liability and warranties 4.1 The accessibility and operation of myHELPbalance relies on internet technologies outside of our control. We do not guarantee continuous, timely, or secure, accessibility to or uninterrupted operation of myHELPbalance. 4.2 The information contained on myHELPbalance is provided by us in good faith on an ‘as is’ basis. We do not make any representation or warranty that the information contained on myHELPbalance is reliable, accurate or complete. You should make your own enquiries and seek advice before acting or relying on any information or material which is made available to you pursuant to myHELPbalance. 4.3 Despite our best efforts, we make no warranties that myHELPbalance is free of infection by computer viruses or other unauthorised software. 4.4 We will not be liable for any loss, damage, cost or expense of any kind resulting from: (a) your use or inability to use myHELPbalance or use of or access to information on myHELPbalance; (b) unauthorised access or alterations of your transmissions to or from myHELPbalance (internet communications may be susceptible to interference or interception by third parties); (c) activities resulting from the loss or misuse of your access information or mechanisms; (d) loss suffered as a result of reliance by you upon the accuracy or currency of information contained in myHELPbalance; or (e) any other matter relating to myHELPbalance. 4.5 Except as specified in these Terms and Conditions, we give no implied or express warranties in relation to your access and use of myHELPbalance. All statutory warranties are, to the fullest extent permitted by law, expressly excluded. 5. Applicable laws 5.1 Use of myHELPbalance and these Terms and Conditions are governed by the laws in force from time to time in the Australian Capital Territory. You submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. ATO Privacy notices for online services We collect personal information about you when you use our online services or applications. Our privacy notices explain how we manage the personal information we collect. When you log onto our systems, we ask for some personal information, including your tax file number (TFN), so we can identify you. The Taxation Administration Act 1953 authorises us to ask for your TFN. It is not an offence not to quote your TFN. However, if you do not provide it, you will not be able to use our online systems. When you use our online systems, we collect certain information from your computer and your browser. We also use Google Analytics to understand how our online services are being used to improve the services we offer. For more details about the type of information we collect and how it is managed, see Web browsing records. If the privacy notice you are looking for is not listed below, refer to 'Your privacy' in the left-hand menu on this page. ATO myGov terms and conditions and privacy notices These terms describe your rights and responsibilities when using your myGov account to access online services for individuals. Terms and conditions of use 1. Acknowledgement I acknowledge that the nomination of Services Australia on behalf of the Commonwealth of Australia to receive and disclose my information for the purposes of managing my myGov account, does not limit the Commonwealth from performing duties or exercising powers under law. 2. Nomination for the purposes of managing my myGov account The nomination of Services Australia will allow myGov to disclose your name, date of birth and your contact information to other federal government agencies that you have already linked to, or decide to link to. The disclosure of details will allow myGov to confirm your identity between these agencies and provide those agencies with notifications of changes of your details. 3. Confirming your identity Your ability to link to and access ATO online and ATO communications from your myGov inbox will depend on how you confirm your identity when signing into your myGov account. If you link the ATO to your myGov account on or after 1 June 2019, you must confirm your identity by using myGov security codes or the myGov access app to access ATO online and ATO communications from your myGov inbox. If you have linked the ATO to your myGov account before 1 June 2019 and confirm your identity by: using myGov security codes or the myGov access app, it will be mandatory from 1 June 2019 to use them to access ATO online and ATO communications from your myGov inbox. If you later change to secret questions and answers to confirm your identity, you will not be able to access ATO online and ATO communications from your myGov inbox and we will send your communications to your address we have on record using secret questions and answers, you can continue to access ATO online and ATO communications from your myGov inbox. To improve your online security, you should use myGov security codes or the myGov access app to confirm your identity. 4. myGov inbox You have agreed and designated your myGov inbox as your address for Australian Taxation Office (ATO) communications that the ATO sends or makes available for you to access electronically. The designation of your myGov account and inbox as your address is subject to your Tax or BAS agent (authorised on your behalf) designating, or having previously designated, their ATO online inbox as your address to send some or all of your ATO communications. Where this occurs, your myGov inbox will remain your address for the ATO to send or make available communications that are not sent or made available to your agent. Not all ATO communications can be sent or made available for access electronically. You can access a list of the types of communication preferences that the ATO may send or make available electronically on the ATO website. The ATO may update this list from time to time. Where an ATO communication is unable to be sent or made available electronically, the ATO will send the communication to your address we have on record. You will receive a welcome message from the ATO in your myGov inbox to confirm the service is enabled. You will be able to access and view your communications that are sent to your agent in ATO online. You may receive notifications from myGov alerting you that communications have been sent to your myGov inbox. This service is provided as a courtesy and does not limit your obligation to regularly access your myGov inbox to check for ATO communications. Privacy notices 5. Collecting your tax file number The ATO is authorised by the Taxation Administration Act 1953 to request your tax file number (TFN). We will use your TFN to identify you when linking your myGov account to the ATO. It is not an offence not to provide your TFN. However, if you do not provide your TFN, you will not be able to link your myGov account to the ATO and access ATO online. 6. Privacy The ATO is authorised by the Taxation Administration Act 1953 to request personal information from you. We will use this information to confirm your identity when you link the ATO to your myGov account and use ATO online. If we do not collect this information, you will not be able to link the ATO to your myGov account and access ATO online. Where authorised by law to do so, we will give this information to Services Australia for the purposes of administering myGov. The ATO also provides taxpayer information to treaty partners overseas under international tax agreements with many other countries. 7. Information about your computer Your browser and information you provide will be recorded for authentication purposes as part of the myGov linking process such as: your internet protocol address (IP address) the date and time of the use of the authentication service the authentication information you provided successful and unsuccessful attempts at authenticating. 8. Use of information The ATO may use this information to: confirm your identity compile statistics and reports to enhance ATO systems and services identify and respond to issues that may indicate authentication integrity is at risk detect, investigate and prosecute criminal offences. 9. The ATO’s privacy policy Our privacy policy is available on our website. The policy contains important information about your privacy, including information about how you can access and seek correction of information we hold about you, how you may complain about a breach of the Australian Privacy Principles and how the ATO deals with privacy complaints. Sectra IMPORTANT DISCLAIMER AND WARNING Sectra does not guarantee the accuracy of the information or the results obtained from this application and disclaim any liability with respect thereto. Computer hardware or software defects or malfunctions, as well as user errors, could compromise the data derived from this application. Users of this application should always, before applying on any human being any data or recommendations obtained from this application, make their own independent tests to verify all such data and recommendations. 1 Grant and Scope of the License The Licensee obtains a non-exclusive right to use the Software Product ("License"). 1.1 The Licensee may use, access, display, run or otherwise interact with one copy of the Software Product, or any prior version for the same operating system, on a single computer, workstation, terminal, handheld PC, pager, "smart phone", or other digital electronic device ("computer"). If the License is a single user-license, the Licensee may use only the licensed copy of the Software Product for processing of data. If the License is a several user-license, the Licensee may use as many copies of the Software Product as corresponds to the number of user-licenses. 1.2 Marking and/or information regarding patent, copyright or copyright notices in software or computer media through which the Software Product is accessible to the Licensee may not be removed, changed or modified in any way. The same applies to corresponding marking of all documentation provided by Sectra. 1.3 The Licensee is not entitled to grant any sublicenses, lease, lend or in any way let anyone else, whether directly or indirectly or against compensation or free of charge, use or in any way dispose of the Software Product. 2 Sectra's right to the Software License 2.1 Sectra owns the Software Product, including the copyright and/or as applicable, patent rights to the Software Product. 2.2 The License does not include any transfer to the Licensee of Sectra's ownership of the Software Product (including the computer media through which the Software Product is made available), such as copyrights, or as applicable, patents rights. 3 Confidentiality The Software Product contains business and professional know-how and other confidential information belonging to Sectra that have been disclosed and made accessible to third parties only through the License. The Licensee is obliged not to make the Software Product available to third parties without Sectra's written permission, and to take all appropriate measures to prevent disclosure to third parties of such know-how and confidential information. The Licensee shall ensure that its employees, agents and other representatives are informed of and complies with this confidentiality obligation as well as the obligations regarding the rules for the use of the Software Product as set forth in Section 4. During the term of the License, the Licensee shall use, store and maintain the Software Product in a manner that will prevent any dissemination of know-how and confidential information The confidentiality obligation will remain in force after the expiry of the License and these Terms and Conditions. 4 Liability, etc. If the Licensees shall breach any of the material provisions of these Terms and Conditions, the Licensee shall fully compensate Sectra for any loss incurred by Sectra as a result thereof. SECTRA MAKES NO, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE PRODUCT, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE OR ANY OTHER MATTER. NO EMPLOYEE, REPRESENTATIVE OR AGENT OF SECTRA HAS ANY AUTHORITY TO BIND SECTRA TO ANY AFFIRMATION UNDER NO CIRCUMSTANCES SHALL SECTRA HAVE ANY LIABILITY TO THE LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOST GOODWILL, LOSS OF INVESTMENT OR OTHER LOSSES. 5 Force Majeure 5.1 Sectra shall not be liable to the Licensee for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of force majeure. 5.2 Events of force majeure are events beyond the control of Sectra which occur after the date that these Terms and Conditions has entered into force and which were not reasonably foreseeable at that time and whose effects are not capable of being overcome without reasonable expense and/or loss of time. Events of force majeure shall include (without being limited to) war, civil unrest, blockades, boycotts, strikes, lock-outs and other general labor disputes, acts of government or public authorities, natural disasters, exceptional weather conditions, breakdown or general unavailability of transport facilities, accidents, fire, explosions and general shortages of energy, failures in external network, software defects or inefficiencies (other than with respect to the Software Product), or other defects in computer equipment. Strikes, lock-outs, boycotts or blockades are events of force majeure even if Sectra has taken the action itself or is the subject of the action. 6 Disputes 6.1 These Terms and Conditions shall be governed by and construed according to Swedish law. 6.2 Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be in Stockholm. The language to be used in the arbitral proceedings shall be English. ------------------------------------------------------------- I-MED ONLINE USER ACCESS AGREEMENT In this User Access Agreement (“Agreement”), the terms "we", "us" and "our" means I-MED Radiology Network Limited (ACN 093 625 346) and each of our associated entities, and "you" and “your” means the individual or user agreeing to this Agreement. Background A. Privacy law requires us to take reasonable steps to ensure that any personal information (including health and sensitive information) that we hold is protected from misuse, interference and loss, from unauthorised access, modification or disclosure, and is restricted to authorised persons for the provision of health services only (being the purpose for which it was collected). B. We also need to ensure our electronic and information systems, including our RIS and PACS, servers, equipment, software and networks (whether accessed via I-MED Online, I-MED Online 2.0, WebComrad, InteleConnect, InteleBrowser or otherwise) (collectively, "I-MED Online") are protected from viruses, other malware and unauthorised access – and are used for their proper purpose. C. We therefore require every individual and ED User (as those terms are defined below) who wish to use I-MED Online to agree to this Agreement, comply with the restrictions contained in it and to act in a way that maintains the privacy of our patients, referrers and staff and the security of I-MED Online. Agreement 1. By registering for and continuing to use an I-MED Online account, you agree to comply with the terms set out in this Agreement, and agree to comply with our Website Terms of Use that are found on our website www.i-med.com.au, as updated from time to time. 2. This Agreement contains important information, including disclaimers and limitations of liability that apply to your access to I-MED Online 3. This Agreement: a) becomes binding on you on your acceptance of it when registering for your I-MED Online account; and b) governs your ongoing access to and use of I-MED Online at all times. 4. All of the terms of, and obligations under, this Agreement apply to you as an individual. 5. To be eligible to register for and continue to hold an I-MED Online account, you represent and warrant that you are at time of registration, and will continue to be at all relevant times, a registered health practitioner. 6. In consideration of, amongst other things, our providing you with access to I-MED Online, you acknowledge and agree as follows: a) (purpose) to access, copy, print and/or hold a patient's medical imaging records or other personal information available on or from I-MED Online, for the sole purpose of providing diagnostic or treatment services to that patient at that time and to not browse through or access, print, copy or hold any person’s records for any other purpose; b) (privacy) that you will respect patients' privacy and protect the confidentiality of all images and information (as health information) which you access I-MED Online and will comply with all privacy obligations under the Privacy Act 1988 (Cth) and all other relevant privacy laws and codes, including professional codes relating to patients’ privacy and confidentiality (“Privacy Laws”) in accessing, using, disclosing, printing or copying and/or holding information made available to you via I-MED Online, which information will form part of your patients’ confidential health records that you hold and you must protect them accordingly; c) that you have read, agree to and will comply with this Agreement and our Privacy Statement (“Your Privacy”) and you will comply with any other policies related to the security or privacy of electronic records that we notify you of from time to time; d) (access details) to keep your username and password securely stored and absolutely confidential at all times and, except as specifically permitted in clause 7 below, take steps to ensure that no other person is able to ascertain your user name and password (including not providing them to any other person or leaving them in a place that can be accessed by other persons) and to change your password regularly; e) (details up-to-date) to promptly notify us if any of your personal information held by us in connection with your access to I-MED Online changes or is inaccurate or incomplete; f) (username and passwords) to immediately notify us if your username/s and/or password/s have been lost, misplaced or stolen; g) (security) to take all reasonable steps to maintain the security and integrity of I-MED Online and the information systems, including by installing and maintaining on your information systems appropriate firewalls and malware prevention and detection program and ensuring that no unauthorised person can use your information systems to obtain access to I-MED Online and/or any patient personal information or confidential information you obtained via I-MED Online; h) (appropriate use) to not submit, post, upload, email or otherwise send or transmit to I-MED Online anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any part of I-MED Online or, otherwise, to not interfere with any part of I-MED Online; i) (data breaches) to notify us immediately if you become aware of any actual or threatened breach of security or a data breach relating to I-MED Online or any personal information on or obtained via I-MED Online and to take all steps we reasonably require to assist us to manage or mitigate any risks, including to patients, and to investigate and/or report, as required, any threatened or actual security or data breach; and j) (monitoring and compliance) to us conducting regular audits of your access to and use of I-MED Online for the purpose of monitoring compliance with this Agreement and to co-operate with any such audit undertaken by us or our agents. Emergency and hospital department accounts 7. If you are registering an account as an emergency department (or other hospital department or similar approved in writing by us) then, notwithstanding any other terms of this Agreement: a) you may have and use a shared username and password for use by emergency department staff whom are registered health practitioners who you have authorised to do so (“ED Users”); b) you must not provide the username and password to any person other than ED Users; c) you must keep the emergency department username and password securely stored; and d) you must procure that each of your ED Users accept and agree to this Agreement as they apply to them (see clause 8 below) before they access I-MED Online for the first time and you must ensure that they comply with it, but, otherwise, the terms of and obligations under this Agreement apply to you. 8. If you are an ED User, you agree to and will comply with all provisions in clause 6 and you must immediately cease using the username and password to access I-MED Online once you leave the employ of or cease acting on behalf of the entity under which authority you were provided such username and/or password. 9. You indemnify and hold us harmless in relation to all losses, damages, actions, claims, costs or expenses which may be brought against, suffered or incurred by us as a direct or indirect result of your (or ED Users, as applicable) failing to comply with any relevant the terms and conditions of this Agreement including, without limitation, your failure to implement appropriate safeguards to maintain the security and integrity of I-MED Online and your (or your ED User’s) failure to comply with any Privacy Laws. 10. We may revoke your access to I-MED Online in our absolute discretion in the event of any breach, suspected or likely breach by you (or ED Users, as applicable) of this Agreement. 11. You agree that you are solely responsible for all costs associated with your use of I-MED Online including, without limitation, all telecommunication costs, data usage and systems to view information provided by I-MED Online. 12. We may revise this Agreement and the incorporated policies listed above from time to time and in such case, the revised version will be effective on and from the date we specify. In such case we will notify you in advance by posting a notice on our website and you agree to receive notices electronically in this manner. 13. By continuing to use I-MED Online after any changes to this Agreement become effective, you agree to comply with those changes. If you do not agree with the changes, or any provisions of this Agreement after you have signed up for an I-MED Online account, you may deactivate your account by contacting us. 14. You may also deactivate your account for any reason by contacting us Classy Privacy Policy Effective Date: 6/11/2019 Archived Versions can be found here. OVERVIEW At Classy, Inc. and our affiliated companies and subsidiaries (collectively, " Classy", " us", " we", " our"), we value your privacy and are dedicated to safeguarding your personal information. Classy is a social enterprise that creates world-class online fundraising software for nonprofits, modernizing the giving experience to accelerate social impact around the world. Classy also hosts the Collaborative conference and the Classy Awards to spotlight the innovative work nonprofits are implementing around the globe. In this Privacy Policy (“Policy”), we describe the personal information we collect from visitors to and users of our websites (“Sites”); our mobile applications (“Applications”); and our online products and services, including application programming interface integrations and widgets that we offer (“Services”) and how we collect, use, and share personal information in the course of our business activities, including: OVERVIEW WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY? HOW DO WE USE YOUR INFORMATION? WHEN AND HOW DOES CLASSY SHARE INFORMATION IT RECEIVES? HOW SECURE IS INFORMATION ABOUT ME? CAN I ACCESS AND MODIFY MY PERSONAL INFORMATION? WHAT CHOICES DO I HAVE REGARDING MY INFORMATION? INTERNATIONAL DATA TRANSFER CHILDREN UNDER 13 (AND UNDER 16 IN THE EU) TERMS OF USE SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS CHANGES TO THIS POLICY CONTACT US By visiting our Sites or using any of our Applications or Services, you agree that your personal information will be handled as described in this Policy, which is incorporated by reference into the Classy Terms of Service, available at https://www.classy.org/terms/. It is important to note that not all aspects of this Policy may apply to you, depending on the types of interactions you have with us and the categories of personal information that we collect from you. Those activities will determine which of the following applies to you and your personal information. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@classy.org. WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY? We collect information from you so that you can log onto our Sites and use our Services and Applications. These activities provide you with the opportunity to, (1) if you are an individual consumer, donate to your favorite organizations and causes, create a peer-to-peer fundraising or team page, and/or register for or purchase tickets, events, reservations, merchandise, and/or other activities; and (2) if you are a client of Classy, set up peer-to-peer or crowdfunding efforts, create donation pages, set up registration on your own behalf or for your organization’s own supporters for events, tickets, transactions, sales, reservations, and/or activities (collectively, “Campaigns”). We also collect information from businesses, organizations, and individuals who request information from Classy or apply to Classy’s job postings. Individuals (and agents of individuals) who provide us information directly or indirectly by donating to or participating in a Campaign or by otherwise using our Services in an individual capacity are referred to herein as “Consumers.” For example, Consumers may enter information in order to donate to a Campaign, or someone who has organized a team as part of a Campaign may enter your information on your behalf to register your entire team for an event. In addition, individuals or organizations can use our Services to set up Campaigns in order to provide Consumers the opportunity to donate, participate, create peer-to-peer fundraising campaigns, or otherwise interact with such Campaigns (those who use our Services to provide these opportunities to Consumers are referred to as “Clients”). Relatedly, our Clients (including agents or representatives of our Clients) may provide us personal information about individuals who have registered for a Campaign being operated by our Client or who the Client wants us to contact or otherwise provide Services to on behalf of the Client. When you participate in a Client’s Campaign, we provide your personal information to the Client. This Policy does not cover our Clients’ use of your personal information outside of our Services. We are not responsible for the privacy practices of our Clients, as such we encourage you to read their respective privacy statements. Further, you may be presented with opportunities to purchase products or services offered by third parties or you may elect to participate in contests or sweepstakes offered or sponsored by third parties on the Site. We are not responsible for any such purchase you make, or participation you undertake, and as such any such purchase or participation will be subject to the relevant third party's terms and conditions. When Clients or Consumers contact us for support or other customer service requests, we maintain support tickets and other records related to the requests, including any information provided by such individuals related to such support or service requests. We may also collect call recordings related to support, customer service, and sales-related calls. Information We Collect Directly From You and How It May Be Shared Account Information for our Sites. You may browse our Sites without creating an online account or providing us with your information, but to use certain features or to participate in certain Campaigns, you may need to create an account or otherwise provide us with information. When you create an account with us or participate in a Campaign, we may ask you to provide the following: Your first and last name; Your physical address for billing purposes; Your email address and your desired password; Your display name (this is the name other people will see when you post items to one of our Sites, make a publicly visible donation, or engage in other similar activities on our site); Your date of birth; Your marketing preferences (whether and what types of information you would like us to send you); Information about your activities and interests; Other profile data, such as contact information, occupation, gender, and photos; Other data requested by Clients using custom question fields; The contact information of a friend, other members of your team, or your customers (when inviting them to visit the Site or when you are allowed to set up an account for them); Activity data such as your donation history, fundraising history, events attended, etc.; Your name, contact information, and financial information, when you participate in a Campaign; Your organization’s name, tax identification number, title, 501(c)3 or tax-exempt status, and other information about your organization, if you are a Client or prospective client; Credit reports, if you are applying for a sub-merchant account; and Payment information, such as credit card or financial account numbers (if applicable). Creating a Client Account. Each Client that registers with the Sites is automatically created an account profile. This profile displays the Client’s active Campaigns. It also displays the total amount the Client has raised through the Sites and total number of supporters. Each account profile may include an activity feed that displays activity occurring on the Sites related to that Client (e.g., donations made, events posted, etc.). These account profiles may be publicly accessible using the search function within the Sites or by external search engines (unless, where the functionality is available, the account profile has been made “private” by the Client). Consumer Transactions. When you make a transaction through the Sites, we automatically index it for you in an individual profile specific to you. That information remains hidden from the public. If you activate your profile, then you will be able to see your profile when you are logged in. The information in your profile remains inaccessible to the public after you activate it; in order to prevent unauthorized access to your profile, you should not share your login information with other people. Donations. When you make a donation via the Sites, other Services, or a partner website that uses Classy’s donation processing services, you may be asked to share certain information with the recipient charity(ies), including your credit card/financial information and contact information. When a Consumer has asked to remain anonymous, this only hides your name from public activity feeds, not the underlying charitable beneficiary. If you make a donation to an individual fundraiser (i.e. via a peer-to-peer page) but do not donate anonymously, then the person who created the fundraising page will also have access to your personal information (except for your credit card number or financial information). If you make a donation through an individual fundraising page associated with a fundraising team, or directly to a team fundraising page, then the team fundraising captain will also have access to your personal information (again, except for your credit card number or financial information). Login and Location Information for Our Mobile Applications for Consumers. When you first visit any of our mobile Applications, you may have the option of creating a user ID and password for subsequent visits. When you log into certain of our Applications, we may request your permission to obtain your current location (so-called “geolocation” information) so that we can identify Campaigns near you or to provide other location-related services. In the “settings” function on your phone, you will have the ability to manually permit or preclude us from recording your geolocation information for certain Applications or features of Applications. Charitable Campaigns/Fundraising. If you are a Client, you may create a variety of different types of pages on our Sites in connection with your Campaigns (“Client Pages”). Likewise, if you are a Consumer, you may create one or more pages on certain of our Sites in connection with (i) your participation in a Campaign (e.g., you want to raise money for running in a marathon), (ii) your support of a particular charity, or (iii) for other purposes (collectively, “Consumer Pages”). We may collect information from you in the process of your creation of these Client Pages or Consumer Pages, as well as in connection with your creation of, administration of, or participation in, a Campaign. Public Campaigns. Any Campaign (including all associated Client Pages and Consumer Pages), will be publicly available unless it is set to “private” (or similar designation), where that functionality is made available, by the Client responsible for creating the Campaign (see below for an explanation of “Private Campaigns”). Unless set to “private” or similar designation, where that functionality is made available, all such Campaign pages created on the Sites are indexed by search engines and accessible to the public. Information that you post on event pages, campaign pages, personal fundraising pages, or other public pages on the Sites can be accessed by other people. You should exercise caution when deciding to share information on public pages. We cannot control who accesses shared information or how other parties will use that information. Private Campaigns. If you, as a Client, create a Campaign on the Sites and select the "private" (or similar) setting, where that functionality is made available, this means that the Campaign link will not be displayed through the activity feeds on the Sites, the Campaign will not be available through the internal search function on the Sites, and neither it nor any associated Consumer pages will be indexed by external search engines like Google. It does not mean, however, that people cannot still wind up on these pages (e.g., if the link is shared with them). User Profiles, Comments, and Posts. Some of our Sites and Applications allow users to create or post content, such as comments, blogs, and messages. If you provide content to our Sites, we may collect and use that information as described in this Policy. Please note that such information may be viewed, collected or used by other registered users and public visitors to our Sites. Once posted, we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy. As a Consumer, your user profile, however, may offer privacy settings within your account to help you manage how your content is displayed. Social Impact Data. Some of our Sites and Applications allow Clients to post content about their nonprofit programs and performance, including data about program strategy, operations, financials, results, and growth tactics. If you provide content to our Sites, we may collect and use that information as described in this Policy. Please note that such information may be viewed, collected, or used by other registered users and public visitors to our Sites. Contests, Surveys, and Questionnaires. When you sign up for sweepstakes or contests, including the Classy Awards, or complete questionnaires or surveys, we collect the information you submit to us. We use this information to administer the sweepstakes, contest, or survey to analyze the results, for research purposes, to send you other information or offers we think may be of interest to you (pursuant to your consent if required by law), to comply with legal requirements, and for other purposes as discussed in this Policy. This information, such as impact and financial data, may be shared with Partners (as defined below) to appear on their websites and may also be published and used by Classy. Job Site References. As part of applying for employment with Classy, we may ask you for information such as details regarding your education, employment history, qualifications, and the contact information of a former colleague’s name. This information is used for job reference purposes only and is not used for any other purpose. Information We Collect From Facebook. We may provide you with the opportunity to connect via Facebook, through our Sites or Applications. For example, you can indicate that you are going to participate in a Campaign and invite your Facebook friends to join that Campaign. If you log into Facebook through our Sites or Applications, we will request permission to (i) access your basic information, which includes your name, profile picture, networks, Facebook user ID, list of friends and any other information that you have made public on Facebook; and (ii) manage your participation in Campaigns. For information about how Facebook may disclose your information, including any information you make public, please consult the Facebook Data Use Policy. We have no control over how Facebook uses or discloses the personal information you provide to it. We store the information that we receive from Facebook along with other information that we collect from you or receive about you. Information We Collect About You From Third Parties. We also may collect information, including personally identifiable information, about you from our affiliates and non-affiliated third parties. For example, if you register for a race by clicking through our Sites, we may obtain your race time when the race is over. Information We Collect Automatically. We may use cookies, web beacons, tags, scripts, and other automated devices to collect information, including personally identifiable information, about you when you visit our Sites and receive emails from us. Specifically, we may collect the following information about your use of our Sites via these technologies: your browser type and operating system; web pages you view; webpage interaction, including cursor movement and links you click; your Internet Protocol (“IP”) address; your approximate geographic location; your interaction with the Sites; length of time you are logged in to our Sites; your unique ID which is given to each visitor and expiration of date of the ID and websites visited before or after our Sites. In some of our email messages, we use a “click-through URL” linked to content on the Classy website. When Consumers click one of these URLs, they pass through a separate web server before arriving at the destination page on our Site. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our Consumer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages. We also collect non-personal data (including, without limitation, of the type set forth above) from third parties. The information we collect from third parties may be combined with the information we collect directly. This information also may be associated with your username and combined with other information, including personally identifiable information that we collect about you. This data allows our Sites and Applications to function properly, including, by ensuring the proper display of content; creating and remembering your shopping cart; creating and remembering your account login details; interface personalization; improving our Sites; and securing our Sites and protecting against fraud. This data is also used to run statistics to avoid visitors being recorded twice, to understand users’ reaction to our advertising campaigns, to improve our offers, to provide a mechanism to share content on social media, to show online advertisements for products that may be of interest to you (based on your previous behavior), and/or ads and content on social media platforms or other sites. For more detailed information on our use of cookies and other tracking technologies, please see our cookie policy here. Information Collected by Clients. Our Clients may place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Sites related to that particular Client. Please refer to that party’s privacy policy if you have any questions about its use of your information. Credit Card Information. As noted above, Classy collects credit card information when you enter into certain types of transactions requiring payment. Credit card information collected by Classy undergoes a tokenization process performed by our third party service provider and is not stored by Classy directly. The information is only used to perform the transaction and any recurring or guaranteed minimum transactions to which you have agreed. HOW DO WE USE YOUR INFORMATION? We may use the information that we gather about you for the following purposes: To provide our Services to you, to communicate with you about your use of our Services, and for other customer service purposes; To provide information that you have requested to receive from us in response to your opt-in requests; To provide our Services at the request of our Clients; To administer Campaigns; To administer your account; To send you receipts; To provide and post results of Campaigns; To respond to customer service inquiries; To improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions; To provide you updates about our Sites and Services; For marketing and advertising purposes; for example, we may use your information to display targeted advertisements to you on our Sites and to assist us in advertising our Services on third party websites; To send you email, follow-up questions about your Campaign or your participation in a Campaign, news and newsletters, promotions, and/or invitations to visit the Site; To fulfill your request to participate in a webinar or Classy event; To conduct the Classy Awards or other promotions you have entered; To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, and for other research purposes; When you, if a Consumer, submit your contact information to sign up for or activate a Classy profile, you agree and consent that Classy may send you communications relating to our products, events, or recommended charities or Campaigns (unless such communication requires consent according to applicable law and subject to your ability to opt out of such communications); and When you, if a potential client, submit your organization’s contact information to sign up for an account with Classy, you agree and consent that Classy may send your organization communication relating to our products, events, or other business information (unless such communication requires consent according to applicable law and subject to your ability to opt out of such communications). Clients should note that we may use information we receive or collect regarding Consumers (including without limitation via a Campaign page) in accordance with the terms of this Policy, including in the manner set forth above. Notwithstanding the foregoing, in certain contexts, we collect information on behalf of our Clients subject to contractual requirements that limit our ability to use and transfer your information in ways that are more restricted than those in this Policy (e.g., the information be only used as necessary to provide Services to the Client and/or for other specified purposes). In those limited circumstances, your information is subject to those contractual requirements to the extent that they conflict with this Policy, subject to enforcement by the applicable Client. If your information is collected on behalf of a third party, it will be evident at the time that you provide such information. This Policy does not cover our Clients’ use of your information outside of our Services. You should contact that party directly to determine if your information is subject to such limitations on uses and to ascertain how the third party will make use of your information. WHEN AND HOW DOES CLASSY SHARE INFORMATION IT RECEIVES? Third Parties. We may share your information, including personally identifiable information, with unaffiliated and affiliated third parties. Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your information will be subject to this Policy. Campaign Sponsors or Partners. If you are using our Services to participate in a Campaign or to purchase a third party product or service, Classy shares the personal information that you provide with the applicable third parties in order to fulfill your request. You may receive communications, correspondence, emails, or direct mail from these entities; each such party operates independently from Classy and is not subject to this Policy but is subject to its own privacy policy. For example, if you donate to an organization, that organization may reach out to you to inform you how your donation was used or otherwise thank you. In some instances, we allow Clients to use our email system via the Services to contact Consumers for their current and past Campaigns, so you may receive emails from our system that originate with such Clients. Please refer to that party’s privacy policy if you have any questions about its use of your information. Activity Feeds. Activity feeds are streamed displays of actions occurring on the Sites. Unless you select the option to participate in a Campaign anonymously, your name and the amount of your contribution (or ticket/registration purchase) will be publicly displayed through the relevant Client’s activity feed and the activity feed of a fundraising or team page. Clients using the Sites also have access to certain widgets (widgets are small snippets of code we generate that the Client can then put into another website). These widgets allow Clients to display activity occurring on the Sites on the Clients’ own websites, blogs, or another website. Unless you donate anonymously, your name and the amount of your donation (or ticket/registration purchase) may be publicly displayed through the activity feed on a widget. If you become a supporter of a Client on the Sites, or fundraise for a Client on the Sites, your name and picture may also be displayed on a widget. Please keep in mind that we cannot control where a given Client will embed the widgets we make accessible to it. Making a donation "anonymous" only hides your name from public activity feeds, not the underlying charitable beneficiary. If you donate anonymously through a personal or team fundraising page, your personal information will not be shared with either the individual fundraiser or the team fundraising captain. If you make a donation to an individual fundraiser (i.e., via a peer-to-peer fundraising Campaign) but do not donate anonymously, then the person who created the fundraising page will also have access to your personal information (except for your credit card number or financial information). If you make a donation through an individual fundraising page associated with a fundraising team, or directly to a team fundraising page, then the team fundraising captain will also have access to your personal information (again, except for your credit card number or financial information). Similarly, if you join a team to participate in a Campaign, such as a race or other event, then the team captain will also have access to your personal information (again, except for your credit card number or financial information). You consent to the foregoing and agree that we are not responsible for how these organizations or persons handle your personal information. You should visit their websites and/or contact them directly for their privacy policies and data usage practices. Supporter Communications. As part of a Client's use of the Services, Consumers may also send emails through the Services ("Supporter Emails"). For example, personal fundraisers may send messages to their contacts through the Services in order to ask people to visit their fundraising pages and donate. They may also send emails to update donors or to thank donors for their gifts. APIs. We make certain application programming interfaces ("APIs") available to Clients. An API (in non-technical terms) allows a Client to automatically retrieve certain information from our Sites, for use/display elsewhere (e.g., on the Client’s website). To give an example, a Client might use our API to retrieve the names and photos of the top five fundraisers for a Campaign; the Client could then display that information on a leaderboard on its own website. If you are fundraising for a Client, your name, picture, amount raised, and goal can be retrieved by the Client through our API. If you create a team fundraising page, then your name, the team goal, and the amount raised by the team can also be retrieved by the Client through our API. If you host an event for a Client, then your name, contact info, and the location of your event can be retrieved by the benefitting Client through our API. If you are a Consumer who donates to a Campaign, the Client who receives your donation may display your information, such as name, photo (as provided by you), and amount to the Client’s own donation appreciation wall or similar acknowledgment (which would be hosted outside of Classy’s Services). The foregoing examples are for illustrative purposes only. The Client with whom you engage has access to other information through our API such as tickets sold and number of attendees. Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors, or agents who perform functions on our behalf. For example, these providers may help us administer our Sites and Applications manage and administer Campaigns, process credit card or other payments, de-duplicate data, or verify identities for fraud prevention purposes. These third parties have agreed to maintain the confidentiality, security, and integrity of your information and may be located wherever the Sites or Services are available. Where required by law, these companies agree to only use such information for the purposes for which they have been engaged by us unless you expressly permit them to use your information for other purposes. We now require service providers to whom we disclose Personal Data (as defined below) and who are not subject to laws based on the European Union General Data Protection Regulation to either subscribe to the United States / European Union Privacy Shield principles or agree to provide at least the same level of protection for Personal Data as is required by the relevant Privacy Shield principles, for instance by entering into Standard Contractual Clauses, as promulgated by the European Commission. If the third party does not comply with its privacy obligations, Classy will take commercially reasonable steps to prevent or stop the use or disclosure of Personal Data. You can find more information on the Privacy Shield program by visiting https://www.privacyshield.gov/. For purposes of this Policy, “Personal Data” means information that (i) is transferred from the EU to the United States, (ii) is recorded in any form, (iii) is about, or relates to, an identified or identifiable consumer, customer, supplier or other individual, and (iv) can be linked to that consumer, customer supplier, or other individual. Other Non-Affiliated Third Parties. We may disclose the information that we collect about you to non-affiliated third parties (with your consent, if consent is required by law), such as promotional partners and others with whom we have marketing or other relationships. An example would include a co-sponsored webinar in which you sign up to attend. In that case, we would provide your information to the co-sponsor. Those third parties may use your information for marketing purposes, such as to market products and services that they believe would be of interest to you. We also may combine the information that we collect about you with other information that we obtain from third parties. This information may help us to determine what advertisements to direct to you, to place on our website, and where to advertise our Services. As discussed in the advertising section below, you have the ability to opt-out of certain uses of your information. You also have the ability to opt-in to receiving certain information from us and non-affiliated third parties. Supplemental Service Partners. By purchasing or registering for products or services offered by third parties as a result of your interaction with the Services or use of the Sites, electing to receive communications (such as emails) or electing to participate in surveys, contests, sweepstakes, or other programs offered or sponsored by third parties on the Site, you consent to our providing your personal information to those third parties, and you agree that we are not responsible or liable for any of their actions or omissions. When you provide your information in this manner, it will be apparent that you are providing it to a third party. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we will have the right to use and disclose all such information submitted by you to such third parties in the same manner in which we have the right to use and disclose all other information submitted by you directly to us. Strategic Partners. Classy has integration relationships with third-party companies and individuals ("Partners"). These relationships extend the functionality of the Services and the Partner’s application or service ("Integrated Service") by allowing the Services and the Integrated Service to exchange Consumer data among other things and to establish linked business processes between the two. Consumers or Clients who pay Classy for use of the Services and use an Integrated Service are considered customers of both Classy and the Partner. Classy and the Partner may share Consumer or Client contact, account, financial and billing information, and business data with respect to their integrated business relationship with the Consumer or Client. The sharing of this information allows Classy and the Partner to establish the identity of the shared customer and, in some cases, determine referral fees owed. This sharing may also allow the Partner to provide consolidated billing services to the shared customer and allow for the enhanced functionality of the Integrated Service. Those Partners may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we will have the right to use and disclose all such information submitted by you to such third parties in the same manner in which we have the right to use and disclose all other information submitted by you directly to us. Affiliate and Referral Partners. Classy has referral relationships with third-party companies and individuals ("Referral Partners") who refer customers to Classy. Classy and a Referral Partner may share certain information with respect to a Consumer or Client that is referred by Classy or a Referral Partner to allow Classy and the Referral Partner to establish the identity of the shared Consumer or Client and determine referral fees owed. We also may share your information for the following reasons: Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company. You acknowledge and agree that any successor to or acquirer of Classy will continue to have the right to use your information in accordance with the terms of this Policy. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena. To Protect Classy and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Policy. Aggregate and Anonymized Information. We may share aggregated or anonymized information about Clients and Consumers with third parties for marketing, advertising, research, or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregated, demographic information with that third party about the Consumers and/or Clients to whom we displayed the advertisements. In addition, we may publish long-form research reports and blog posts summarizing aggregated data describing behaviors of Clients and Consumers on our Sites, Applications, and Services. We may also publish datasets containing aggregated Client and/or Consumer data to support replication of the published research results. Third Party Applications. Third party applications, such as Instagram, Facebook, Twitter, Pinterest, or Google buttons, may be available on our Sites. The owners or providers of those third party applications may collect personally identifiable information from you. Their collection of information is bound by their own information collection policies and practices. Your interactions with third party applications on our Sites may be shared with others within your social network. We are not responsible for the collection and use of your information by such third parties. Our Sites include social media features, such as the Facebook “Like” button and widgets such as the “share this button” or interactive mini-programs. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing such feature. Network Advertisers. Network advertisers are third parties that display advertisements based on your visits to our Sites and other websites you have visited. This enables us and these third parties to target advertisements to you for products and services in which you might be interested. These third party services may use cookies, JavaScript, web beacons (including clear GIFs), and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third parties with information, including both personally identifiable and non-personally identifiable information, about your usage of our Sites and our Services. For more detailed information on the use of third party technologies and how to opt out of receiving targeted advertisements, please see our cookie policy here. If you would like to manage your consents to the cookies on our sites, click here. We use Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity may also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. Third Party Links. At times, our Sites and Applications may contain links to other third party websites. Any access to and use of such linked websites is not governed by this Policy, but, is instead governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites. HOW SECURE IS INFORMATION ABOUT ME? We have implemented and maintain appropriate technical and organizational security measures, policies, and procedures designed to reduce the risk of accidental destruction or loss, or unauthorized disclosure or access to such information appropriate to the nature of the information, concerned, including, where appropriate, password protection, encryption, tokenization, and secure socket layering to protect our Sites; following strict security procedures in the storage and disclosure of your personal information to prevent unauthorized access to it; and placing confidentiality requirements on our employees and service providers. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time. Please keep this in mind when disclosing any of your personal information via the Internet. As the security of personal information depends in part on the security of the computer you use to communicate with us and the security you use to protect usernames and passwords, you should take steps to protect against unauthorized access to your password, computer, and web-enabled devices, among other things, by signing off after using a shared computer, inserting a password on your web-enabled device, choosing a password that nobody else knows or can easily guess, keeping your password private, and periodically changing your password. You should never share your login information with others. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity. We endeavor to store your personal information for only as long as is reasonably necessary for the purposes for which it was collected, as explained in this Policy. Where your information is no longer needed, we will dispose of it in a secure manner. In some circumstances, we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements. In specific circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings. CAN I ACCESS AND MODIFY MY PERSONAL INFORMATION? Upon request, Classy will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please email us at privacy@classy.org. If your personal information changes, or if you no longer desire our service, you may correct, update, delete/remove, or ask to have it removed from a public forum or testimonial by making the change within your account settings or by contacting us via one of the methods listed in this Policy. We will respond to your request to access within 30 days. Please note that copies of information that you have updated, modified, or deleted may continue to reside in our systems for a period of time. Also, you may not be able to remove your personal information from archived web pages that we no longer maintain, such as information related to a Campaign in which you participated, where that information is displayed by our Client or third party to whom the Client provided your information. In the event we are unable to complete your access request, we will let you know that we are unable to do so and why. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. If your information has been shared with a third party, as described above, or collected on behalf of a Client, then that third party has received their own copy of your data. If you have been contacted by one of these third parties, or one of our Clients, and wish to correct or request they delete your information, please contact them directly. WHAT CHOICES DO I HAVE REGARDING MY INFORMATION? Classy may send you emails from time to time, for example, to ask you about a Campaign in which you participated. When you use our Services, you may have the option of signing up for news and offers from us or other third parties, which may include information about Campaigns, our newsletter, or other items that we (or third parties) believe may be of interest to you. If, at any time, you would like to stop receiving the information that you have requested to receive from us, you may follow the opt-out instructions contained in any such email. Please note that it may take up to 10 business days for us to process opt-out requests. To opt out of products, programs, Services, or offers from our affiliates and trusted partners, please contact privacy@classy.org or log into your account and update your subscription preferences, where that functionality is made available to you. If you opt out of receiving emails or promotions from us, we still may send you emails about your account or any Services you have requested or received from us, or for other customer services purposes, including sending you receipts. In addition, you may still receive emails sent by our Clients through means other than our system. Further, if you opt out of receiving information related to a particular Campaign, you will still receive Classy communications and communications from other organizations whose Campaigns you have participated in or who have otherwise obtained your email address. As a result, as a Consumer, you may have to unsubscribe from multiple emails before you stop receiving all communications related to Campaigns in which you have participated through our Services. As a Client, by electing to stop receiving communications from us or through our system you will no longer receive any updates on your account or on Campaigns in which you are participating or have participated, including communications regarding receipts and refunds. We do not recommend that you do this unless you plan to no longer use the Services, have not participated in a Campaign for which you need a receipt, are not currently participating in a Campaign, or are not currently organizing a Campaign and will have no need to receive further communications from us or through our system. If you are a Client, note that you may not be able to unsubscribe from update communications about the Services unless you close your account. Even after you opt out of all communications, we will retain your information in accordance with this Policy; however, we will no longer use it to contact you, unless required by law or unless you later provide your information to us. However, our Clients who have received your information in accordance with this Policy may still use that information to contact you in accordance with their own privacy policies, but they may not use our system to do so. If you would like to delete your account with us, you may do so by emailing us at support@classy.org and specifying which account(s) to delete. INTERNATIONAL DATA TRANSFER The Services are hosted in the United States and are governed by United States law. If you are visiting the Sites or using the Services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers and databases are located. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Sites and Services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy. We will take appropriate steps to cause that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights. In certain situations, Classy may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND THIS SECTION ONLY APPLIES TO USERS OF OUR SERVICES THAT ARE LOCATED IN THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM OR SWITZERLAND AT THE TIME OF DATA COLLECTION. WE MAY ASK YOU TO IDENTIFY WHICH COUNTRY YOU ARE LOCATED IN WHEN YOU USE SOME OF OUR PRODUCTS OR SERVICES, OR WE MAY RELY ON YOUR IP ADDRESS TO IDENTIFY YOUR COUNTRY LOCATION. Classy processes Personal Data as a “processor,” “joint controller,” and as a “controller” under the European Union’s General Data Protection Regulation. A “controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are “data processors” that handle your personal information in accordance with our instructions. With respect to your personal data that you enter or that is received through our websites that is not directly related to a Customer’s Campaign, Classy is the controller. To the extent that Classy receives personal information from a Consumer through a Customer’s Campaign, Classy and its Customer are joint data controllers. This means that you may choose to exercise your rights, including as described below, with Classy or the relevant Classy Customer. Please do not hesitate to contact us if you are unsure who the relevant Classy Customer is for a given Campaign or would like their contact information at info@classy.org. If you are in the EEA, United Kingdom or Switzerland, you have the following rights (where applicable): Access: You have the right to request a copy of the information we are processing about you; Rectification: You have the right to have incomplete or inaccurate information that we process about you rectified; Deletion: You have the right to request that we delete information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise, or defend legal claims; Restriction. You have the right to restrict our processing of your information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it; Portability. You have the right to obtain information we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) information which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you; Objection. Where the legal basis for processing your information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests, or if we need to continue to process the data for the establishment, exercise, or defense of a legal claim; Withdrawing consent: If you have consented to our processing of your information, you have the right to withdraw your consent at any time, free of charge. This includes where you wish to opt out from marketing messages. You can make a request to exercise any of these rights in relation to your information by contacting us via the methods listed below under Contact Us. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information. Please note that we may take up to 30 days to fulfill such request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way. You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. A list of local data protection authorities in European countries is available here. Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. CHILDREN UNDER 13 (OR 16 IN THE EU) Our Sites are for general audiences, and we do not knowingly market to, or solicit information, accept service or collect information from or about children or sell products to children under the age of 13 (or 16 in the EU). If you are under the age of 13 (or 16 in the EU), you must ask your parent or guardian to use our Sites directly, on your behalf. Furthermore, we may restrict entries to any contests, sweepstakes, or promotions to those who are at least 18 years of age. If we become aware that any person submitting information to the Sites is under the age of 13 (or 16 in the EU), we will attempt to delete the account and any related information as soon as possible. By using the Sites, you hereby represent that you are at least 13 years old (or 16 in the EU). TERMS OF USE Your use our Sites or Services, as well as any dispute over privacy, are subject to this Policy and our Terms of Service, https://www.classy.org/terms/, including applicable limitations on damages and the resolution of disputes. SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS California Consumer Privacy Act Rights. Under the California Consumer Privacy Act (“CCPA”) California residents have certain rights regarding their personally identifiable information. If you would like to exercise these rights on or after January 1, 2020, please contact us using the email address, toll free phone number, or physical mailing address listed within the Contact Us section below. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information. It may take us some time to respond to your request, but we will do so within the requirements of the CCPA. This Policy provides you disclosure regarding the personal information we collect from you and the purposes for doing so. Please see the WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY? We do not sell your personal information as provided under the CCPA. Right to request disclosure as to personal information Classy has collected about you: Upon a verifiable request, made through one of the methods provided within the Contact Us section below, we will disclose to you the items listed below, one or more of which may be provided by reference to this Policy: The categories of personal information it has collected about the you. The categories of sources from which the personal information was collected. The business purpose behind collecting the personal information. The categories of third parties with whom Classy has shared the information. The specific pieces of personal information Classy has collected about you. Right to request deletion: upon a verifiable request, made through one of the methods provided within the Contact Us section below, we will delete personal information we have regarding you and direct our service providers to delete your personal information from their records, to the extent provided by the CCPA. Right to be free from discrimination: Classy will not discriminate against you for exercising any of your rights under the CCPA. Please keep in mind that under certain circumstances, we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to you by your personal information. CHANGES TO THIS POLICY We may change this Policy from time to time, so be sure to check back periodically. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to notify you in advance of such change, by highlighting the change on the Sites or by sending an email to you at the email address that you have registered with us. Your continued use of the Services after any changes or revisions to this Policy will indicate your agreement with the terms of the revised Policy. CONTACT US Classy regularly reviews its practices regarding personally identifiable information and this Policy. If you have any questions, comments or concerns, please contact us at: Attn: Classy Privacy Classy, Inc. 350 Tenth Ave. Suite 1300 San Diego, CA 92101 Phone: (619) 961-1892 Email: privacy@classy.org Classy Terms of Service Last Updated: 09/30/2014 Classy, Inc. (referred to throughout as "us", "we", "our", etc.) is the owner and operator of the www.classy.org website, an online fundraising platform for nonprofit organizations. These Terms of Service apply to the www.classy.org website, any subdomains thereof, any API integrations or widgets we offer, and any other website or webpages we own or operate that include a link to this statement (together collectively referred to as the "Website"). Any party that accesses, uses, or registers with the Website (such party referred to throughout in the second person "you", "your", etc.) agrees to be contractually bound by these Terms of Service (the "Terms"). Your use of the Website, or any of the services or features accessible therein, constitutes your acceptance of the Terms. If you do not wish to use the Website in accordance with the Terms, then you should immediately discontinue using the Website. Updates To The Terms 1.0 Updates. We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Website. We will let you know that the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes. Intellectual Property 2.0 IP Protection. The Website, its forward facing components (images, designs, text, arrangements of the foregoing, etc.), its various features and services, and all underlying software and code belong exclusively to us. You understand and agree that your use of the Website in no way gives you a right, title, or interest in the Website or our intellectual property. The Website and its various component parts are protected by copyright law, trademark law, trade secret law, and other laws germane to the protection of intellectual property rights. 2.1 Prohibited Activities. You agree to use the Website and the features and services provided through the Website only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer, or otherwise attempt to discover, copy, or transmit, any source code underlying the Website or the software, features, or services provided therein. 2.2 Your Content. By posting, uploading, or transmitting content or information to, or through, the Website you grant us a nonexclusive, irrevocable, worldwide, sub-licensable (through multiple-tiers), royalty-free license to copy, store, transmit, publish, publicly display, publicly perform, and otherwise use this content or information to operate the Website as we reasonably see fit. You warrant that you have the authority to grant such license. General User Warranties 3.0 User Warranties. By accessing, using, or registering with the Website you represent, warrant, and irrevocably covenant that: You have the authority to enter into this agreement. Your decision to enter into this agreement and your use of the Website will not violate any applicable law, regulation, or ordinance. Your decision to enter into this agreement and your use of the Website will not infringe the rights of any third parties. You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Website. You will never use the Website, or any services we provide to you, in a manner that violates the law or the legal rights of a third party. You are at least 13 years of age if you are using the Website and have the consent of a parent or legal guardian if you are under 18 years of age. International Use 4.0 International Use. This Website is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Website if you (i) are located in a country embargoed by the United States or (ii) are on the U.S. Treasury Department's list of Specially Designated Nationals. If you choose to use this Website, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed, and stored in the United States. Fees 5.0 Fees. Nonprofits pay us a subscription fee and a transaction to use the Website. Fees are laid out on the pricing page. Additional Policies 6.0 Privacy Policy. You accept our Privacy Policy, which you may view in full by clicking here. 6.1 DMCA Policy. You agree to abide by our DMCA Policy, which you may read in full by clicking here. 6.3 Standards of Conduct. You agree to abide by our Standards of Conduct, which are material terms of your use of the Website. You may view our Standards of Conduct in full by clicking here. Availability Availability of ServiceAs the provider of the Website, we reserve the right to discontinue (i) the Website, in whole or in part, (ii) any features or services provided by or through the Website, or (iii) your account with the Website, for any or no reason, without notice to you. Liability 8.0 Waiver of Warranties. We disclaim all warranties, express, implied, statutory, or otherwise, concerning the Website to the fullest extent allowed by applicable law. This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. We make no warranties concerning continuity of service, the security of the Website, or that the Website will be error free. We offer the Website and the features and services contained therein "AS IS" and "WITH ALL FAULTS." 8.1 Taxes. You understand that the party you transact with through the Website is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Website. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes. 8.2 Release. You hereby release us, our successors and assigns, our affiliates, and each of the foregoing's respective directors, officers, employees, and agents (collectively, the "Releasees") from any and all liability, costs, expenses, losses, damages (including damage to property or personal injury or death), and claims, whether known or unknown, which may arise from (i) you hosting, participating in, attending, or authorizing an event posted on the Website (including events you authorize your supporters to advertise on the Website) or (ii) from the acts or omissions of third parties you interact with through the Website (collectively the "Released Claims"). In furtherance of the forgoing, and only with respect to the Released Claims, you waive your rights under California Civil Code Section 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 8.3 Limitation of Liability. Neither we nor our officers, directors, employees and agents, will be liable to you for special, consequential, indirect, punitive, exemplary or incidental damages (including lost revenues or profits, or loss of goodwill), regardless of the cause, legal theory, or cause of action, even if we have been advised of the likelihood thereof. Our aggregate liability, together with the liability of our officers, directors, employees and agents, arising out of this Agreement and your use of the Website (when aggregated with all other claims against us arising out of this Agreement and your use of the Website), regardless of the type of claim(s) or the nature of the cause(s) of action, will not exceed the greater of (i) one hundred U.S. Dollars ($100) or (ii) the net amount we have been paid from transaction fees arising from transactions you have made through the Website in the twelve (12) months immediately preceding the event giving rise to your claim(s). You acknowledge that the foregoing limitations are an essential basis of the bargain we have reached and that they will apply notwithstanding any failure of essential purpose of any limited remedy. 8.4 Indemnification. You agree to hold the Releasees harmless and to defend and indemnify each of them for all costs, expenses (including reasonable attorney's fees), damages, and liability from third party claims, which arise from, or relate to, your use of the Website or your breach of these Terms. General 9.0 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, as such laws are applied to agreements made between California residents and performed entirely within the State of California, and without regard to conflicts of laws principles. 9.1 Forum. The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Website will be the state and federal courts located in San Diego, County California. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts. 9.2 No Joint Venture. These Terms do not create, and shall not be construed to create, a joint venture, partnership, or other formal business relationship between you and us. At all times we shall remain independent contractors with respect to one another. 9.3 No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID. 9.4 Entire Agreement. These Terms contain the entire agreement between you and us, they are a complete integration of our agreement and supersede and displace any earlier or contemporaneous written or oral negotiations, statements, or agreements purporting to deal with the subject matter hereof. 9.5 Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision. 9.6 No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waver of any other breach, or any succeeding breach. 9.7 Survival. The provisions of the sections of these Terms titled "Intellectual Property," "Liability," and "General" will survive termination. 9.8 Headers. The headers contained within these Terms are for convenience of reference only. They should not be interpreted to modify the plain meaning of the various provisions of these Terms. 9.9 Attorney’s Fees. If a dispute arises out of these Terms or your use of the Website then the prevailing party in any litigation will be entitled to recover all costs and expenses (including reasonable attorney's fees) incurred as a result of that litigation. ST VINCENT’S HEALTH AUSTRALIA CAREERS TERMS AND CONDITIONS 1. Overview and Definitions (a) These Conditions apply to your use of this website and in using this website you agree to be bound by these Conditions. SVHA may from time to time update these Conditions, and you should visit this page periodically to review these Conditions. (b) If you do not accept these Conditions, you must not use this website and you will not be able to continue in this application process. Any applications you have made may also be affected. (c) ‘Conditions’ means these St Vincent’s Health Australia Careers Terms and Conditions and the St Vincent’s Health Australia Privacy Policy. (d) ‘St Vincent’s Health Australia’, ‘SVHA’, ‘we’, ‘us’, or ‘our’ are references to St Vincent’s Health Australia Ltd (ABN 75 073 503 536) and, where the context requires, includes any of its related bodies corporate as defined in the Corporations Act 2001 (Cth) or affiliates (and where relevant ‘affiliate’ includes The Holy Spirit Northside Private Hospital Limited ABN 41 082 189 035 and St Vincent’s Private Hospital Sydney ABN 99 269 630 262). 2. Joining up as a Job Seeker (a) Provided you accept these Conditions, you can join as a job seeker with us at any time if you have a current email address. (b) By joining as a job seeker, you accept and acknowledge that we are not making any offer of employment, making any promises to you of employment nor making any representation at all to you about employment or prospects of obtaining employment. 3. Information you provide to Us (a) As a job seeker you are responsible for ensuring that the information you provide to us and which we hold relating to you is current, accurate, comprehensive and complete. (b) All information you provide to us must be a true and accurate description of your own personal details, including previous employment history, skills, and abilities. (c) You must not provide any information to us which is false or misleading in any respect. (d) You must not enter any information on behalf of another person for any reason at any time. (e) If you fail to comply with this clause 3 then we may, amongst other things, terminate your account and /or restrict your access to the website. Any applications you have made, any offer of employment and or any employment obtained by you, may also be affected. (f) Without limiting the above, in completing any application for employment, you must ensure that SVHA has sufficient and complete information to effectively assess your application. 4. Deletion of Your Personal Information by Us We may delete your personal information and or terminate your account if we believe you have breached any of these Conditions, or if we consider that your account is inactive, or if we decide to do so at our absolute and sole discretion. 5. Collection of Personal Information (a) If you apply or register your interest for a position with the St Vincent’s Health Australia Group we may collect your personal information including your name, CV and contact details and health information. By submitting your application, you understand and agree that the information you provide in your application and throughout any recruitment process will be collected and stored by SVHA and shared with SVHA’s employees, officers and agents involved in the recruitment process including external service providers. (b) We may engage external service providers to assist us in the recruitment process, including recruitment agencies, security organisations and recruitment website operators including some located outside Australia. You also agree to us collecting information about you and your application from other sources including but not limited to service providers, doctors (for medicals), educational institutions, your previous employers and any other source deemed appropriate by SVHA, and sharing your personal information with them in order to verify details you have provided or to otherwise assess your application. 6. Registration and Password You are responsible for maintaining the confidentiality of your account including your personal information, registration and password. You should not disclose your password to anyone else. You are responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your registration or password. 7. Indemnity You agree to defend, indemnify, and hold harmless SVHA and its current and former officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your breach of these Conditions. 8. Application for Employment By submitting an application for employment, you understand and agree that: (a) If any information given by you in an application is in breach of these Conditions, including information discovered to be false or misleading in any respect, or if you have omitted any relevant information, SVHA may refuse to employ you, withdraw an offer of employment or if you have been employed by SVHA (or any SVHA related body corporate or affiliate), your employment may be terminated. (b) You will, without fail, accurately and promptly disclose all current and previous employment and relationship (other than as a patient) with any St Vincent’s Health Australia Group companies. (c) As a pre-requisite to any employment (and in applicable cases for ongoing employment), you are required to provide SVHA with all necessary consents, information and documents (such as certified copies of passports, visas and other relevant documentation) to enable SVHA to obtain the necessary security clearances required to establish your eligibility for employment (and ongoing employment), including but not limited to a criminal history check. (d) Without limiting clause 8(c), any offer of employment (and in applicable cases ongoing employment) may subject to completion and clearance (and maintenance) of the following checks (as applicable to the position): (i) National Police Check (NPC)/National Criminal Record Check (NCRC) (note that further criminal history checks may be required in the future for certain positions) (ii) Working with Children check (iii) Immunisation/immunity Check (iv) Reference checks (v) Proof of eligibility to work in Australia/ Entitlement to work (vi) A statutory declaration for applicants from overseas and/or with overseas experience or in high risk areas (e) Without limitation, you warrant that there are no known conflicts or restrictions that would impact on and or prevent you from employment with us, or for undertaking for this role, and you agree that if, during this process or at any time during your employment you become aware of any such conflicts or restrictions, you will immediately notify us. (f) In order to help SVHA fulfil its obligations under Work Health and Safety and other relevant legislation, in submitting an application for employment you agree to disclose and openly discuss with us (if required) any disability, medical condition or injury or illness which may or could (or to ascertain if it may or could): (i) affect your ability to perform the inherent requirements of the relevant position; (ii) require SVHA to consider reasonable adjustments in the workplace; or (iii) pose a risk to your health and safety, and/or the health and safety of your fellow employees, in the workplace and require SVHA to take measures to manage any risks. (g) If required by SVHA, you will co-operate and: (i) provide any further particulars requested; (ii) allow us to speak to your medical practitioners and obtain further information; (iii) fully participate in any reasonable enquiries requested by SVHA; and or (iv) undertake a company appointed medical examination, for the purposes of determining the matters set out above in subclause (f) and to otherwise allow SVHA to be properly informed to enable it to manage your employment and its legal obligations. (h) You give your consent to the disclosure of all health information to SVHA for the above purposes and you give consent to you and your medical practitioner’s full involvement in the process. You agree that where a company medical examination is required by SVHA, any offer of employment will be subject to you passing the examination and or SVHA being able to make reasonable adjustments. (i) SVHA may check your visa status and your right to work in Australia with the Department of Immigration and Citizenship (or any successor Department). (j) An offer of employment will not be deemed valid unless such offer is formally made in writing by an authorised officer of SVHA (or the relevant SVHA related body corporate or affiliate) and will not be deemed to have been accepted until a copy of the written offer is signed by you and provided to SVHA as confirmation of your acceptance of the offer and conditions set out in the offer. (k) Your appointment may be subject to a probationary period, to be confirmed in a formal offer of employment. (l) Where applicable to a position, upon request you may be required to provide SVHA evidence of vaccination for Diptheria, Tetanus and/or Pertussis including one documented dose of adult dTpa (e.g. Boostrix or Adacel) prior to commencement of employment (and as required during employment to maintain your ongoing employment). 9. Governing Law These Conditions are governed by the laws applicable in New South Wales. 10. Before your account can be created and you join this website, you must read and accept these Conditions and confirm your acceptance by clicking the 'I Accept' button below. • I Accept and agree with these Conditions and in particular I consent to SVHA carrying out relevant pre-employment safety screening checks as listed in clause 8(d) The New Humanitarian Privacy Policy Issued: 25th May 2018 Updated: 21st March 2019 The New Humanitarian (formerly known as IRIN News) is a non-profit newsroom puts independent journalism at the service of the millions of people affected by humanitarian crises around the world. We report from the heart of conflicts, natural disasters and other crises to inform prevention and response. In fulfilling this mission, The New Humanitarian collects and uses various types of personal data, including through our website (www.thenewhumanitarian.org), newsletter and social media pages. This Privacy Policy explains how such personal data is collected, used, shared and protected. By continuing to use our website and social media pages, you give your consent to this Privacy Policy. 1. GENERAL PRINCIPLES 1.1. This Privacy Policy describes how The New Humanitarian collects and uses personal data about you, including when you: 1.1.1. visit our website; 1.1.2. visit our social media pages; 1.1.3. subscribe to our email newsletters; 1.1.4. make donations; 1.1.5. contact us via email or post; and 1.1.6. attend events we host. 1.2. In many countries, data collected during the practice of journalism is exempt from personal data privacy laws. In line with such exemptions, this Privacy Policy does not apply to personal data gathered and used for the purpose of The New Humanitarian’s journalistic content, which is produced in the public interest. 2. PERSONAL DATA WE COLLECT 2.1. When you engage with The New Humanitarian through any of the activities in paragraph 1.1 above, we may collect personal information about you that you submit to us such as your name, personal address, email address, professional affiliation and, in the case of a job application, your curriculum vitae. 2.2. When you engage with The New Humanitarian, through our website in particular, we also collect personal information about you such as your email address, IP address, computer operating system type, browser type, browser language, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our website. 3. WHY WE COLLECT YOUR DATA 3.1. We use personal data that we collect through your use of our website to make the functionalities of our website available to you, and the data we collect from newsletter subscriptions to send you our newsletters. 3.2. We also use data to compile statistical information about use of our website or our dedicated pages on social media, monitor site traffic and produce aggregate audience insights that do not identify you personally. This helps us improve our services, provide tailored content, and ultimately provide you a better user experience. The value of collecting this data is further explained in section 4 below. 3.3. We retain your personal data as long as is required to continue to provide you services, such as access to and use of our website, our dedicated pages on social media, and our newsletter. 3.4. In addition to the above, we retain personal data for the length of time required to meet legal and accounting requirements. 4. HOW WE COLLECT YOUR DATA 4.1. We use the following methods to collect data: 4.1.1. Cookies: We use simple text files called cookies that are installed on your device to remember and store information about how you use the website. You may delete and block all cookies, or just certain types of cookies, via your browser settings. However, if you choose to block or delete cookies, this may affect the functionality of our website. 4.1.2. Analytics tools: We use analytic tools, such as such as Google Analytics and Chartbeat, to track the characteristics and activities of visitors to our website. More information about the ways in which Google Analytics collects and processes your personal data can be found at: www.google.com/policies/privacy/partners. You can also opt-out of Google Analytics here: tools.google.com/dlpage/gaoptout 4.1.3. Web beacons: We include web beacons in our newsletter email messages to determine whether an email is opened or if links are clicked. We also use web beacons to deliver interest-based advertising from Google advertising partners. 4.1.4. Newsletter: We use MailChimp to collect and manage email marketing subscriber lists and send emails to our subscribers. 4.1.5. Social media buttons: We integrate social media buttons on our articles to allow sharing and/or commenting on these articles. These service providers may therefore receive data from our website that concern you, such as log data that includes the web page you visited. You can review the privacy policies of these social media companies on their websites. 5. HOW WE STORE AND SHARE YOUR DATA 5.1. We may store your data using the cloud-based information technology services of 3rd party providers. such as Dropbox, Google Drive and Linode. 5.2. Unless provided otherwise in this Privacy Policy, we only use third-party service providers who have agreed to comply with mechanisms to safeguard your data at the same standards as specified in this Privacy Policy. 5.3. In particular, our third-party providers in Switzerland and the European Union must abide by the European General Data Protection Regulation. 5.4. Our third-party providers in the USA must abide by the Swiss-US and/or EU-US Privacy Shield frameworks, which require them to provide protections equivalent to the standards of Switzerland and the EU. 5.5. We will not share or otherwise make available your personal data to other third parties except for the purposes specified in this Privacy Policy. 5.6. In exceptional cases, we may share your personal data with authorities upon their request, for law enforcement purposes. 5.7. Personal data of users of our social media pages is also subject to the privacy policies of the operators of the social media platforms. 6. HOW WE PROTECT YOUR PERSONAL DATA 6.1. We exercise reasonable efforts to prevent unauthorized exposure or disclosure of your personal data, including use of strong password controls by our staff. 6.2. In the event of a data breach, or in the event that we suspect a data breach, we will 6.2.1. notify the competent authorities in accordance with applicable law, 6.2.2. make best efforts to promptly notify you, where technically feasible, and 6.2.3. cooperate with you to investigate and resolve the data breach in accordance with applicable data protection laws. 7. YOUR RIGHTS 7.1. We recognize that you have rights under Swiss, EU or other laws concerning your personal data. 7.2. In particular, upon written request, you have the right to a copy of the personal data that we hold on you. Furthermore, you have the right to have any inaccurate information about you corrected or removed, to put further restrictions on the purposes for which we hold your personal data, as well as to have some or all of the personal data about you erased. 7.3. All such requests should be made by email to our Data Protection Officer at dpo@thenewhumanitarian.org. We aim to respond to any request concerning your rights as promptly as possible and within the requirements of any applicable law. 8. UPDATES TO THIS POLICY 8.1. We may change this Privacy Policy at any time by posting the updated version on our website. 8.2. The updated version will become effective on the date it is posted, which will be listed at the top of the page as the new effective date. CONTACT Any further questions concerning this policy should be addressed to: Data Protection Officer (DPO) The New Humanitarian, Rue de Varembé 3 1202 Geneva Switzerland Reddit User Agreement Effective October 15, 2020. Last Revised September 15, 2020 Reddit powers hundreds of thousands of distinct online communities. This User Agreement and your conduct make that possible. Hello, redditors and people of the Internet! This Reddit User Agreement (“Terms”) applies to your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Reddit, Inc. (“Reddit,” “we,” “us,” or “our”). Remember Reddit is for fun and is intended to be a place for your entertainment, but we still need some basic rules. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services. Please take a look at Reddit’s Privacy Policy too—it explains how and why we collect, use, and share information about you when you access or use our Services. 1. Your Access to the Services Children under the age of 13 are not allowed to create an Account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian. In addition, certain of our Services or portions of our Services require you to be 18 years of age or older, so please read all notices and any Additional Terms carefully when you access the Services. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms. 2. Your Use of the Services Reddit grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms. Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to: license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under the Reddit API Terms of Use. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. 3. Your Reddit Account and Account Security To use certain features of our Services, you may be required to create a Reddit account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Reddit if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication. You will not license, sell, or transfer your Account without our prior written approval. 4. Your Content The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights. You retain any ownership rights you have in Your Content, but you grant Reddit the following license to use that Content: When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Reddit. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. Any ideas, suggestions, and feedback about Reddit or our Services that you provide to us are entirely voluntary, and you agree that Reddit may use such ideas, suggestions, and feedback without compensation or obligation to you. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us. 5. Third-Party Content, Advertisements, and Promotions The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content. If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Reddit, and the rules for your Promotion must require each entrant or participant to release Reddit from any liability related to the Promotion. 6. Things You Cannot Do When using or accessing Reddit, you must comply with these Terms and all applicable laws, rules, and regulations. Please review the Content Policy (and for RPAN, the Broadcasting Content Policy), which are part of these Terms and contain Reddit’s rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following: Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services. Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services. Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features. Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights. Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Reddit. We conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Reddit’s prior consent is prohibited. Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Reddit or any payment system. We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email security@reddit.com. 7. Moderators Moderating a subreddit is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms. If you choose to moderate a subreddit: You agree to follow the Moderator Guidelines for Healthy Communities; You agree that when you receive reports related to a subreddit you moderate, you will take appropriate action, which may include removing content that violates policy and/or promptly escalating to Reddit for review; You are not, and may not represent that you are, authorized to act on behalf of Reddit; You may not enter into any agreement with a third party on behalf of Reddit, or any subreddits that you moderate, without our written approval; You may not perform moderation actions in return for any form of compensation, consideration, gift, or favor from third parties; If you have access to non-public information as a result of moderating a subreddit, you will use such information only in connection with your performance as a moderator; and You may create and enforce rules for the subreddits you moderate, provided that such rules do not conflict with these Terms, the Content Policy, or the Moderator Guidelines for Healthy Communities. Reddit reserves the right, but has no obligation, to overturn any action or decision of a moderator if Reddit, in its sole discretion, believes that such action or decision is not in the interest of Reddit or the Reddit community. 8. Copyright, Trademark, the DMCA, and Takedowns Reddit respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Reddit’s Designated Agent by filling out our Copyright Report Form or Trademark Report Form, or by contacting: Copyright Agent Reddit, Inc. 1455 Market Street, Suite 1600 San Francisco, CA 94103 copyright@reddit.com Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Reddit for certain costs and damages. If we remove Your Content in response to a copyright or trademark notice, we will notify you via Reddit’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above). Please see 17 U.S.C. § 512(g)(3) for the requirements of a proper counter notification. 9. Paid Services and Payment Information There are no fees for the use of many aspects of the Services. However, some services, including Reddit Premium and Virtual Goods, may be available for purchase (“Paid Services”). In addition to these Terms, by purchasing or using Reddit Premium or our Virtual Goods, you further agree to the Reddit Premium and Virtual Goods Agreement. Reddit may change the fees or benefits associated with the Paid Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services. You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Paid Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. 10. Indemnity Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Reddit Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. 11. Disclaimers THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REDDIT ENTITIES DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. REDDIT DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE REDDIT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 12. Limitation of Liability IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE REDDIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE REDDIT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID REDDIT IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE REDDIT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 13. Governing Law and Venue We want you to enjoy Reddit, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here. Except for the government entities listed below, any claims arising out of or relating to these Terms or the Services will be governed by the laws of California, without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California, and you consent to personal jurisdiction in these courts. Government Entities If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco, California. 14. Changes to these Terms We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective. 15. Additional Terms Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by Reddit (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service. If you use Reddit Premium or Virtual Goods, you must also agree to the Reddit Premium and Virtual Goods Agreement. If you use the self-service platform for advertising, you must also agree to our Reddit Advertising Platform Terms. If you use our public API, you must also agree to our Reddit API Terms of Use. If you use Reddit Gifts, you must agree to the Reddit Gifts User Agreement. 16. Termination You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity. We may suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy. The following sections will survive any termination of these Terms or of your Account: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous). 17. Miscellaneous These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms. Contact Information Reddit, Inc. 1455 Market Street, Suite 1600 San Francisco, CA 94103 United States Authorized to receive service in Germany on behalf of Reddit, Inc. for administrative and judicial proceedings within the meaning of Section 5(1) of the Network Enforcement Act: Taylor Wessing PartG mbB - NetzDG-Zustellungen - Am Sandtorkai 41 20457 Hamburg Germany Reddit Privacy Policy Effective October 15, 2020. Last Revised September 15, 2020 We want you to understand how and why Reddit, Inc. (“Reddit,” “we” or “us”) collects, uses, and shares information about you when you use our sites, mobile apps, widgets, and other online products and services (collectively, the "Services") or when you otherwise interact with us or receive a communication from us. This Privacy Policy applies to all of our Services including Reddit Gifts, which maintains a separate privacy notice that incorporates this Privacy Policy by reference. What We Collect (and How it is Used and Shared) Information You Provide to Us We collect information you provide to us directly when you use the Services. This includes: Account information If you create a Reddit account, we may require you to provide a username and password. Your username is public, and it doesn’t have to be related to your real name. You may also provide other account information, like an email address, bio, or profile picture. We also store your user account preferences and settings. Content you submit We collect the content you submit to the Services. This includes your posts and comments including saved drafts, videos you broadcast via RPAN, your messages with other users (e.g., private messages, chats, and modmail), and your reports and other communications with moderators and with us. Your content may include text, links, images, gifs, and videos. Actions you take We collect information about the actions you take when using the Services. This includes your interactions with content, like voting, saving, hiding, and reporting. It also includes your interactions with other users, such as following, friending, and blocking. We collect your interactions with communities, like your subscriptions or moderator status. Transactional information If you purchase products or services from us (e.g., Reddit Premium or Reddit Coins), we will collect certain information from you, including your name, address, email address, and information about the product or service you are purchasing. Reddit uses industry-standard payment processor services (for example, Stripe) to handle payment information. Other information You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in Reddit-sponsored activities or promotions, apply for a job, request customer support, or otherwise communicate with us. Information We Collect Automatically When you access or use our Services, we may also automatically collect information about you. This includes: Log and usage data We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), device settings, pages visited, links clicked, the requested URL, and search terms. Except for the IP address used to create your account, Reddit will delete any IP addresses collected after 100 days. Information collected from cookies and similar technologies We may receive information from cookies, which are pieces of data your browser stores and sends back to us when making requests, and similar technologies. We use this information to improve your experience, understand user activity, personalize content and advertisements, and improve the quality of our Services. For example, we store and retrieve information about your preferred language and other settings. See our Cookie Notice for more information about how Reddit uses cookies. For more information on how you can disable cookies, please see “Your Choices” below. Location information We may receive and process information about your location. For example, with your consent, we may collect information about the specific location of your mobile device (for example, by using GPS or Bluetooth). We may also receive location information from you when you choose to share such information on our Services, including by associating your content with a location, or we may derive your approximate location from other information about you, including your IP address. Information Collected from Other Sources We may receive information about you from other sources, including from other users and third parties, and combine that information with the other information we have about you. For example, we may receive demographic or interest information about you from third parties, including advertisers (such as the fact that an advertiser is interested in showing you an ad), and combine it with our own data using a common account identifier such as a hash of an email address or a mobile-device ID. You can control how we use this information to personalize the Services for you as described in “Your Choices - Controlling Advertising and Analytics” below. Linked services If you authorize or link a third-party service (e.g., an unofficial mobile app client) to access your Reddit account, Reddit receives information about your use of that service when it uses that authorization. Linking services may also cause the other service to send us information about your account with that service. For example, if you sign in to Reddit with a third-party identity provider, that provider may share an email address with us. To learn how information is shared with linked services, see “How Information About You Is Shared” below. Information collected from integrations We also may receive information about you, including log and usage data and cookie information, from third-party sites that integrate our Services, including our embeds and advertising technology. For example, when you visit a site that uses Reddit embeds, we may receive information about the web page you visited. Similarly, if an advertiser incorporates Reddit’s ad technology, Reddit may receive limited information about your activity on the advertiser’s site or app, such as whether you bought something from the advertiser. You can control how we use this information to personalize the Services for you as described in “Your Choices - Controlling Advertising and Analytics” below. Information Collected by Third Parties Embedded content Reddit displays some linked content in-line on the Reddit services via “embeds.” For example, Reddit posts that link to YouTube or Twitter may load the linked video or tweet within Reddit directly from those services to your device so you don’t have to leave Reddit to see it. In general, Reddit does not control how third-party services collect data when they serve you their content directly via these embeds. As a result, embedded content is not covered by this privacy policy but by the policies of the service from which the content is embedded. Programmatic ads We partner with third-party programmatic ad exchanges to show advertisements relevant to your interests. In providing those ads, those third parties collect information, including log and usage data and information from cookies as described above. These third parties do not receive any information from your Reddit account. Audience measurement We partner with audience measurement companies (including Quantcast and Nielsen) to learn demographic information about the population that uses Reddit. To provide this demographic information, these companies collect cookie information to recognize your device. Information Collected from Advertisers and Potential Advertisers If you use Reddit Ads (Reddit’s self-serve ads platform at ads.reddit.com) we collect some additional information. To sign up for Reddit Ads, you must provide your name, email address, and information about your company. If you purchase advertising services, you will need to provide transactional information as described above, and we may also require additional documentation to verify your identity. When using Reddit Ads, we may record a session replay of your visit for customer service, troubleshooting, and usability research purposes. We use information about you to: Provide, maintain, and improve the Services; Research and develop new services; Help protect the safety of Reddit and our users, which includes blocking suspected spammers, addressing abuse, and enforcing the Reddit User Agreement and our other policies; Send you technical notices, updates, security alerts, invoices, and other support and administrative messages; Provide customer service; Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you (for information about how to opt out of these communications, see “Your Choices” below); Monitor and analyze trends, usage, and activities in connection with our Services; Measure the effectiveness of ads shown on our Services; and Personalize the Services, and provide and optimize advertisements, content, and features that match user profiles or interests. Much of the information on the Services is public and accessible to everyone, even without an account. By using the Services, you are directing us to share this information publicly and freely. When you submit content (including a post, comment, chat message, or RPAN broadcast) to a public part of the Services, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. Reddit allows other sites to embed public Reddit content via our embed tools. Reddit also allows third parties to access public Reddit content via the Reddit API and other similar technologies. Although some parts of the Services may be private or quarantined, they may become public (e.g., at the moderator’s option in the case of private communities) and you should take that into consideration before posting to the Services. Your Reddit account has a profile page that is public. Your profile contains information about your activities on the Services, such as your username, prior posts and comments, karma, awards received, trophies, moderator status, Reddit Premium status, and how long you have been a member of the Services. You can also choose for your profile to include the content you upvote and downvote. We offer social sharing features that let you share content or actions you take on our Services with other media. Your use of these features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these social sharing features (e.g., Tumblr, Facebook, and Twitter). Reddit only shares nonpublic information about you in the following ways. We do not sell this information. With your consent. We may share information about you with your consent or at your direction. With linked services. If you link your Reddit account with a third-party service, Reddit will share the information you authorize with that third-party service. You can control this sharing as described in "Your Choices" below. With our service providers. We may share information with vendors, consultants, and other service providers who need access to such information to carry out work for us. Their use of personal data will be subject to appropriate confidentiality and security measures. A few examples: (i) payment processors who process transactions on our behalf, (ii) cloud providers who host our data and our services, (iii) third-party ads measurement providers who help us and advertisers measure the performance of ads shown on our Services. To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process, or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request. Our Transparency Report has additional information about how we respond to government requests. In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person. To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our User Agreement, rules, or other Reddit policies, or to protect the rights, property, and safety of ourselves and others. With our affiliates. We may share information between and among Reddit, and any of our parents, affiliates, subsidiaries, and other companies under common control and ownership. Aggregated or de-identified information. We may share information about you that has been aggregated or anonymized such that it cannot reasonably be used to identify you. For example, we may show the total number of times a post has been upvoted without identifying who the visitors were, or we may tell an advertiser how many people saw their ad. How We Protect Your Information We take measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. For example, we use HTTPS while information is being transmitted. We also enforce technical and administrative access controls to limit which of our employees have access to nonpublic personal information. You can help maintain the security of your account by configuring two-factor authentication. We store the information we collect for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law. Your Choices You have choices about how to protect and limit the collection, use, and sharing of information about you when you use the Services. Some of these choices are available to everyone who uses Reddit, while others only apply if you have a Reddit account. Accessing and Changing Your Information You can access and change certain information through the Services. See our Help Center page for more information. You can also request a copy of the personal information Reddit maintains about you by following the process described here. Deleting Your Account You may delete your account information at any time from the user preferences page. You can also submit a request to delete the personal information Reddit maintains about you by following the process described in the “Your Rights - Data Subject and Consumer Information Requests” section below. When you delete your account, your profile is no longer visible to other users and disassociated from content you posted under that account. Please note, however, that the posts, comments, and messages you submitted prior to deleting your account will still be visible to others unless you first delete the specific content. We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account. Controlling Linked Services’ Access to Your Account You can review the services you have permitted to access your account and revoke access to individual services by visiting your account’s Apps page (for third-party app authorizations) and the Connected Accounts section of your Account Settings (for Google Sign-In, Sign in with Apple, and connected Twitter accounts). Controlling the Use of Cookies Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject first- and third-party cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. For more information on controlling how cookies and similar technologies are used on Reddit, see our Cookie Notice. Controlling Advertising and Analytics Some analytics providers we partner with may provide specific opt-out mechanisms and we may provide, as needed and as available, additional tools and third-party services that allow you to better understand cookies and how you can opt out. For example, you may manage the use and collection of certain information by Google Analytics via the Google Analytics Opt-out Browser Add-on. You can opt out of the Audience Measurement services provided by Nielsen and Quantcast. We also offer you choices about receiving personalized advertisements. You can adjust how we personalize advertisements for you by visiting your ads preferences in your account settings, or here if you use Reddit in a web browser. You can also use device-level settings to control personalized advertisements on Android (“Reset advertising ID” and “Opt out of Ads Personalization”) and iOS (“Limit Ad Tracking”) devices. You may also generally opt out of receiving personalized advertisements from certain third-party advertisers and ad networks. To learn more about these advertisements or to opt out, please visit the sites of the Digital Advertising Alliance and the Network Advertising Initiative, or if you are a user in the European Economic Area, Your Online Choices. Do Not Track Most modern web browsers give you the option to send a Do Not Track signal to the sites you visit, indicating that you do not wish to be tracked. However, there is no accepted standard for how a site should respond to this signal, and we do not take any action in response to this signal. Instead, in addition to publicly available third-party tools, we offer you the choices described in this policy to manage the collection and use of information about you. Controlling Promotional Communications You may opt out of receiving some or all categories of promotional communications from us by following the instructions in those communications or by updating your email options in your account preferences here. If you opt out of promotional communications, we may still send you non-promotional communications, such as information about your account or your use of the Services. Controlling Mobile Notifications With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device. Controlling Location Information You can control how we use location information inferred from your IP address for content recommendation purposes via the Safety and Privacy settings on your account. If you initially consent to our collection of more precise location information from your device, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Your Rights Data Subject and Consumer Information Requests Requests for a copy of the information Reddit has about your account—including EU General Data Protection Regulation (GDPR) data subject access requests and California Consumer Privacy Act (CCPA) consumer information requests—can be submitted following the process described here. All other data subject and consumer requests under data protection laws should be sent via email to redditdatarequests@reddit.com from the email address that you have verified with your Reddit account. Before we process a request from you about your personal information, we need to verify the request via your access to your Reddit account or to a verified email address associated with your Reddit account. You may also designate an authorized agent to exercise these rights on your behalf. Reddit does not discriminate against users for exercising their rights under data protection laws to make requests regarding their personal information. International Data Transfers We are based in the United States and we process and store information on servers located in the United States. We may store information on servers and equipment in other countries depending on a variety of factors, including the locations of our users and service providers. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law. In connection with Reddit's processing of personal data received from the European Union, Switzerland, and the United Kingdom, we adhere to the EU-U.S. and Swiss-U.S. Privacy Shield Program (“Privacy Shield”) and comply with its framework and principles. Although the EU-U.S. Privacy Shield Program may no longer be a valid basis for certain international data transfers, Reddit continues to comply with the Privacy Shield framework and principles with respect to personal data received from the EU in addition to all other applicable laws. Please direct any inquiries or complaints regarding our compliance with the Privacy Shield principles to the point of contact listed in the “Contact Us” section below. If we do not resolve your complaint, you may submit your complaint free of charge to JAMS. Under certain conditions specified by the Privacy Shield principles, you may also be able to invoke binding arbitration to resolve your complaint. We are subject to the investigatory and enforcement powers of the Federal Trade Commission. In certain circumstances, we may be liable for the transfer of personal data from the EU, Switzerland, or the UK to a third party outside those countries. For more information about the Privacy Shield principles and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield site. Additional Information for EEA Users Users in the European Economic Area have the right to request access to, rectification of, or erasure of their personal data; to data portability in certain circumstances; to request restriction of processing; to object to processing; and to withdraw consent for processing where they have previously provided consent. These rights can be exercised using the information provided under “Your Choices” above or as described in the “Your Rights - Data Subject and Consumer Information Requests section” above. EEA users also have the right to lodge a complaint with their local supervisory authority. As required by applicable law, we collect and process information about individuals in the EEA only where we have a legal basis for doing so. Our legal bases depend on the Services you use and how you use them. We process your information on the following legal bases: You have consented for us to do so for a specific purpose; We need to process the information to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services; It satisfies a legitimate interest (which is not overridden by your data protection interests), such as preventing fraud, ensuring network and information security, enforcing our rules and policies, protecting our legal rights and interests, research and development, personalizing the Services, and marketing and promoting the Services; or We need to process your information to comply with our legal obligations. Additional Information for California Users The California Consumer Privacy Act (“CCPA”) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it. In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used: Identifiers, like your Reddit username, email address, IP address, and cookie information. Commercial information, including information about transactions you undertake with us. Internet or other electronic network activity information, such as information about your activity on our Services and limited information about your activity on the services of advertisers who use our advertising technology. Geolocation information based on your IP address, or more specific location information if you authorize your device to provide it to us. Audiovisual information in pictures, audio, or video content submitted to Reddit. Professional or employment-related information or demographic information, but only if you explicitly provide it to us, such as by applying for a job or filling out a survey. Inferences we make based on other collected data, for purposes such as recommending content, advertising, and analytics. You can find more information about (a) what we collect and sources of that information, (b) the business and commercial purposes for collecting that information, and (c) the categories of third parties with whom we share that information in the “What We Collect (and How it is Used and Shared)” section above. If you are a California resident, you have additional rights under the CCPA, including the right to request access to or deletion of your personal information, and information about our data practices, as well as the right not to be discriminated against for exercising your privacy rights. These rights can be exercised as described in the Data Subject and Consumer Information Requests section above. Children Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian. Changes to This Policy We may change this Privacy Policy from time to time. If we do, we will let you know by revising the date at the top of the policy. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. By continuing to use our Services after Privacy Policy changes go into effect, you agree to be bound by the revised policy. Contact Us To send a GDPR data subject request or CCPA consumer request, follow the steps in the “Your Rights - Data Subject and Consumer Information Requests” section above. If you have other questions about this Privacy Policy, please contact us at legal@reddit.com or at: Reddit, Inc. 548 Market St. #16093 San Francisco, California 94104 We have also appointed a representative in the EU to receive inquiries about our data practices: Reddit Ireland Limited Attn: Reddit EU Data Inquiries 70 Sir John Rogerson's Quay Dublin 2 Ireland eurepresentative@reddit.com The Humane League Privacy Policy Here at The Humane League, we care about your privacy. We recently updated this policy to provide continuous transparency about how we use, share, and protect your data. These changes will take effect on April 12, 2021, so please take some time to review the new policy. Using our websites or applications after that date will indicate your agreement to be bound by the new Privacy Policy. In this revision of our Privacy Policy, you will find more detailed information about: the Personal Information we collect if you choose to provide it; the information gathered by our Site; how your Personal Information is used by THL; how to opt in and opt out to communications from THL; and when your Personal Information may be shared. Effective Date: May 25, 2018 Last Modified: April 12, 2021 The Humane League (“The Humane League”, “THL”, “we”, or “us”) is committed to protecting the privacy of our supporters and the Personal Information provided to or collected by us. This Privacy Policy explains the way we collect information from you, how it is used, and with whom it may be shared. It also identifies the security procedures in place to protect your Personal Information and what choices are available to you regarding the use of your data. For purposes of this Privacy Policy, “Personal Information” shall mean any information that can be used to identify an individual. This Privacy Policy applies to THL websites https://thehumaneleague.org and https://openwingalliance.org, and to all associated subdomains, online services, and applications, such as THL’s Fast Action Network (collectively, the "Site"). Each time you use our Site, the current version of this Privacy Policy will apply. Accordingly, whenever you use our Site, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version. This Privacy Policy applies to all Site visitors and users. If you have any concerns that aren’t addressed in this Privacy Policy, please reach out to us by emailing privacy@thehumaneleague.org. Information We Collect We collect the following types of information: Personal Information, such as your name, home address, telephone number, date of birth, pronouns, credit card information, and email address (Note: we do not store full credit card information); and Non-personal, aggregate information, such as information regarding the pages you have visited and your IP address. Information You Provide If you choose to provide it, we collect Personal Information when you complete an online form (such as subscribing to receive our email updates, registering for our Fast Action Network, or RSVPing for an event), make a donation, order merchandise, sign a petition, sign up to be a volunteer, apply for a job or a Fellowship, participate in research studies performed by The Humane League Labs, apply for a grant or membership through the Open Wing Alliance (“OWA”), enter a giveaway, or request information about veg eating. This Personal Information may include your name, phone number, email address, mailing address, social media URLs, and financial information (OWA grant applicants only). The Humane League partners with NGP VAN, Inc., operating under the name EveryAction, a customer relationship management platform, to store and process much of this information. More about EveryAction’s privacy policy can be found on their website. We may also manually collect Personal Information, such as Personal Information obtained during an in-person meeting. The Humane League does not see, store, or retain credit card numbers submitted online, which are processed directly through our payment processor partners (DirectConnect, Stripe, WePay/Classy, Paragon, and PayPal). Some THL forms, such as donation forms or petitions, utilize EveryAction’s FastAction function (not to be confused with THL’s Fast Action Network application). EveryAction’s FastAction function is not a payment processor, but it is a convenient way for you to save your contact and payment information for the future. From a donation form to a petition, EveryAction’s FastAction function allows you to show your support with a single click, without reentering your information. With your EveryAction FastAction profile (also known as ActionID) you can take actions like donating or filling out a petition instantly from your email or with one click on the web. You can learn more about how to opt-out of EveryAction’s FastAction function here. Information Gathered by the Site The Humane League and its service providers may collect other information in a variety of ways, including: Logging We use several services to log visitor activity in our Site and servers. In order to best serve our supporters, it is crucial for us to be able easily to search server logs when debugging issues. The following are examples of the types of information that can be logged: Passwords logged in their encrypted value. Geolocation based on IP address to suggest the appropriate locale. Location is not stored (e.g. IP is logged, from which location can be inferred). Some demographic data via Google Analytics, which is installed on all (or nearly all) of our web properties. Cookies When you use and access our Site, we may store a number of cookies in your web browser. Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Site or a third party to recognize you and make your next visit easier and the Site more useful to you. How The Humane League Uses Cookies The Humane League uses cookies to help us monitor traffic and collect information about the use of our Site. We use cookies to enable certain functions of our Site, to provide analytics, and to store your preferences. We use both “session” and “persistent” cookies on our Site and we use different types of each: Functionality Cookies (persistent). These cookies allow our Site to remember choices you make when you use our Site, such as dismissing a pop-up or displaying certain content. Additionally, some of our Functionality Cookies include those from our customer management platform, EveryAction, to remember choices you make when you use their services, such as pre-filling a form from data from previous sign-ups. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your information every time you fill out a form on our Site. You can find out more about EveryAction’s cookies here, including how to opt-out of EveryAction’s FastAction function. Analytics and Performance Cookies (session). These cookies are used to collect information about traffic to our Site and how users use our Site. The information gathered does not identify any individual visitor. The information is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site, whether they have visited our Site before, and other similar information. We use this information to help operate our Site more efficiently, to gather broad demographic information, and to monitor the level of activity on our Site. We use Google Analytics for this purpose. The Humane League also uses Google Analytics Demographics and Interest Reporting. Google Analytics uses its own cookies. It is only used to improve how our services work. You can find out more information about Google Analytics cookies here. Disabling Cookies You can typically remove or reject cookies via your browser settings. In order to do this, follow the instructions provided by your browser (usually located within the “settings”, “help”, “tools”, or “edit” facility). Many browsers are set to accept cookies until you change your settings. You may opt out of Google's use of cookies by visiting the National Advertising Initiative’s Ads Settings at any time. For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and https://www.cookiesandyou.com/. If you do not accept our cookies, you may experience some inconvenience in your use of our Site. For example, we may not be able to recognize your computer or mobile device and you may need to log in every time you visit our Site. Pixel Tags We may also use pixel tags (which are also known as web beacons and clear GIFs) on our Site to track the actions of users on our Site. Unlike cookies, which are stored on the hard drive of your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our campaigns and compile statistics about usage of the Site, so that we can manage our content more effectively. The information we collect using pixel tags is anonymous and is not linked to our users’ Personal Information. California’s Online Privacy Protection Act The California Online Privacy Protection Act protects your right to visit our Site anonymously. Some Internet browsers—like Microsoft Edge, Firefox, and Safari—include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals. The Humane League takes privacy and choice seriously and will make efforts to continue to monitor developments in DNT browser technology and the implementation of a standard. To learn more about “DNT”, please visit All About Do Not Track. If you would like to opt out of Google Analytics specifically, try this browser add-on: Google Analytics Opt-out Browser Add-on. Children’s Privacy The Humane League does not knowingly collect or solicit any information from anyone under the age of 13 without the written consent of a parent or legal guardian. You can provide written consent for your minor by contacting us. If we discover that Personal Information has been collected from a child under 13 and their parent or legal guardian has not provided written consent, the Personal Information will be deleted from our system as quickly as possible. If you believe we have this type of Personal Information on file, please contact us immediately. How Your Information Is Used In addition to the tailoring of web content described above, your and/or your organization’s Personal Information may be used to: Contact you via email, phone, or SMS (text) regarding updates and important information about The Humane League’s work, events, new services, donation opportunities, or changes to our policies; Accept payment for, ship, and send you confirmation of your merchandise orders; Contact you regarding prizes you win during a social media giveaway; Ship prizes to you won during a social media giveaway; Manage membership in, and award grants through, the OWA; Manage and process your Fellowship, volunteer, or job application; Track your activity with THL, such as volunteering, event attendance, and donations; Provide you with targeted messaging and invitations based on your interests, activities, and/or locality; Communicate with companies and their employees about improvements to animal welfare, such as petitions; and Perform anonymized research. Opting In and Opting Out of THL Communications You may opt in to receiving emails from The Humane League via forms on our Site. These forms will always clearly state if they are linked to an email subscription list, and/or will offer you the choice to subscribe to receive email updates on submission. Emails sent from THL may include campaign updates, action alerts, fundraising opportunities, and other ways to help animals. We aim to tailor our email content and frequency based on the interests of our supporters. All subscription-based emails sent from The Humane League include a ‘Manage your Subscriptions’ and ‘Unsubscribe’ link at the bottom that allows you to customize the type of electronic communication you receive from us, including the option to unsubscribe from all emails. You are also welcome to use the Self Service Portal, email us at privacy@thehumaneleague.org, or call us at 888-211-5241 with unsubscribe requests. To request closure or deletion of an EveryAction FastAction (also known as ActionID) profile, you should email EveryAction at privacy@everyaction.com. If you would like to opt out of receiving physical mail from us, please contact us via email or phone at 888-211-5341 and include your full name and mailing address so we may update our system with your preferences. If you would like to opt out of receiving SMS (texts) from THL, you may reply “STOP” to any text message you receive from us, or use the above-mentioned contact points to request that your phone number not be sent text updates from us. When you receive text messages from The Humane League, we will always clearly identify ourselves as the sender. When Your Information May Be Shared We may share your Personal Information in the following ways: The Humane League works with some third-party consultants, vendors, and service providers who may have access to your Personal Information. We do our best to ensure our agreements with those consultants, vendors, and service providers include assurances that they will not retain, sell, rent, or otherwise distribute or share Personal Information for any reason other than providing The Humane League with services. We note that some vendors, such as EveryAction, are subject to the California Consumer Privacy Act (“CCPA”) and their cookie practices meet the CCPA’s broad definition of “Sell” even though EveryAction does not actually sell personal data to third parties in exchange for payment. The services provided to THL by third-party vendors include, but are not limited to, identifying and providing targeted advertisements, billing, payments, payment processing, order fulfillment, and providing analytic services. For example, we use Shopify to power our online store—you can read more about how Shopify uses your Personal Information here. We also use Twitter and other social media platforms to provide targeted advertising to our supporters and individuals with similar interests. You can opt out of Twitter’s interest-based advertising through the methods described here. If your organization submits information for the purposes of applying for a grant or membership through the OWA, we may share your information with third-party coalition and funding partners. We may occasionally make names, mailing addresses, and giving level histories of donors available to a licensed list broker to conduct modeling for our direct mail efforts, helping us to identify future supporters with similar characteristics. Names and mailing addresses may then be exchanged through the list broker to third parties for marketing purposes. This is not a direct one-to-one exchange between two entities, and the names and addresses THL submits must also be submitted by at least two other entities to be eligible for sharing. During the exchange, only a giving level is provided (not a detailed giving history). If a third party receives your name and address, they may send you a solicitation. However, you will only be added to their customer or supporter database if you respond to their solicitation. Due to the way this information is shared, THL does not have information about which entities have received any specific individual’s Personal Information. If you do not want your Personal Information shared with third parties in this way, please contact us with this request. We do not rent, trade, or sell email addresses you provide to us. We do rent names and physical mailing addresses. The Humane League may share your Personal Information with third parties, as required by law or subpoena, or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our Terms of Use or to protect the security or integrity of the The Humane League Sites; and/or (c) exercise or protect the rights, property, or personal safety of the The Humane League, our supporters, or others. If we are required by law to disclose the Personal Information you have submitted, we will attempt to provide you with prior notice (unless we are prohibited or it would be futile) that a request for your Personal Information has been made in order to give you an opportunity to object to the disclosure. We will attempt to provide this notice by email, if you have given us an email address, or by postal mail if you have entered a postal address. If you do not challenge the disclosure request, we may be legally required to turn over your Personal Information. In addition, we will independently object to requests for access to information about users of our Site that we believe to be improper. Other uses as specifically posted or agreed upon when your Personal Information is collected (for example, if you provide Personal Information for a use that is not covered in this Privacy Policy, but is explained on the mechanism in which you provide your Personal Information). Information Security and Storage We take the security of your Personal Information very seriously and utilize industry-standard security systems, software, and encryption technologies when transferring and storing Personal Information. Transfer of Personal Information and International Users We are headquartered in the United States. The Personal Information about you that we collect, process, and/or use is controlled by The Humane League, and is stored on servers located in the United States. If you are visiting our Site from outside the United States, be aware that your Personal Information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is located. By using our Site, you consent to any transfer of this Personal Information. How Long We Keep Your Personal Information We keep your Personal Information, in a form which permits us to identify you, for no longer than is necessary for the purposes described in this Privacy Policy. Retention periods can vary significantly based on the type of Personal Information and how it is used. Our retention periods are based on criteria that include legally mandated retention periods, pending or potential litigation, our intellectual property or ownership rights, contract requirements, operational directives or needs, and historical archiving. When we no longer need to use your Personal Information and there is no need for us to keep it to comply with our legal or regulatory obligations, resolve disputes, and enforce our agreements, we will either remove it from our systems or depersonalize it so that it can’t identify you. Third-Party Websites You may be able to access third-party websites directly from The Humane League’s Site. This Privacy Policy does not apply when you leave THL’s Site in order to access third-party websites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party website you visit before using it or disclosing your Personal Information to its provider. Your Rights If you wish to access, correct, update, or request deletion of your Personal Information, you can do so at any time by emailing us at privacy@thehumaneleague.org. In addition, you can object to the processing of your Personal Information or ask us to restrict processing of your Personal Information. Again, you can exercise these rights by emailing us at privacy@thehumaneleague.org. You have the right to opt-out of email, phone, postal mail, and text communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the emails we send you. You can also update the types of messages you would like to receive from us by clicking on the “Manage your Subscriptions” link in the emails we send you. To opt-out of other forms of marketing (such as postal marketing, text messages, and phone calls), you may email us at privacy@thehumaneleague.org. Similarly, if we have collected and processed your Personal Information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. Updates If you have updates for us: If you would like to update any of the Personal Information we have on file for you, including your contact preferences, please use the self-service portal where you can manage your email subscriptions yourself anytime, or contact us at privacy@thehumaneleague.org to let us know and we will make those changes for you. Additionally, if you prefer not to receive messages from us, please let us know by clicking on the unsubscribe link within any message that you receive, or by sending a message to us at privacy@thehumaneleague.org. Please note that this request must be made for every email address, mailing address, and telephone number that The Humane League has on record for you. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. However, we reserve the right to keep any Personal Information in our archives that we deem necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note that to request closure or deletion of an ActionID or EveryAction FastAction profile, you will need to email EveryAction at privacy@everyaction.com. If we have updates for you: If we make changes to our Privacy Policy, we will post those changes on our privacy policy page so you will always be aware of what information we collect, how we use it, and under what circumstances we disclose it. If at any point we decide to use Personal Information in a manner that is materially different from that stated at the time it was collected, we will notify you via email. You will then have a choice as to whether or not we may use your Personal Information in this manner. If you do not request deletion of your data from THL after receiving notice of the changes, you will be deemed to have consented to these changes in the use of your Personal Information. Contact Information The Humane League P.O. Box 10476 Rockville, MD 20849 Phone: 888-211-5241 Email: privacy@thehumaneleague.org diagrams.net Legal and Privacy Terms and Conditions These Terms and Conditions (“Terms”) cover all of the ways in which we communicate with you on this website and in any related communications channels such as our feeds, social media and email. When you access our services, or sign up to hear from us, we understand that you are OK with these Terms. This Privacy Policy details how diagrams.net collects, uses and shares information gathered from you, as well as explaining how diagrams.net diagram data is processed and stored. diagrams.net is a trademark and draw.io is a registered trademark of JGraph Ltd. JGraph Ltd is a company registered in England that develops and owns the software, runs the diagrams.net and draw.io sites and owns the diagrams.net and draw.io brands. We maintain various privacy and data security policies, as well as documented processes and testing results in the /jgraph/security-privacy-legal GitHub repository The information that we collect When you visit the our websites Content on both the www.diagrams.net domain and the app on app.diagrams.net are both delivered via Cloudflare. Refer to the Cloudflare privacy policy for details of the information they may collect when using the sites. Diagrams.net servers do not access that information. The Cloudflare published DPA is available here. We do not use permanent or session cookies. We do not use Google analytics or tracking pixels. When you contact us via email or on social media You may send us information, such as your name or email address if you submit a support request or send us a direct message on our social media channels (Facebook, Instagram, Twitter, Google Plus). If you have submitted a support request, we will typically contact you by email to work out a resolution to the problem. We retain email correspondence for 6 years, after which it is routinely deleted. Direct messages sent via social media accounts are routinely deleted after 6 months. When you use diagrams.net to create a diagram The app.diagrams.net server logs information about your device (device or browser type and IP) when you use the online application or the Trello Power-Up, to help us debug technical problems that may occur within the diagrams.net application. This information is stored in a cyclical log where the oldest data is overwritten by current data continuously. The cycle is about 10 days. These logs contain no diagram information. Only engineering staff are permitted access to server logs to resolve issues. No non-technical staff are permitted access, either directly or indirectly. Diagram data storage diagrams.net is as fully a client-side application as is technically possible – diagrams.net does not store your diagram data. When you choose to store your diagram on your local filesystem, localStorage in your browser, or in Google Drive, your diagram data and your preferences do not travel through our servers. Diagram data stored in the following applications and cloud services are covered by their respective privacy policies: Confluence or Jira – Atlassian’s privacy policy Google Drive – Google’s privacy policy OneDrive – Microsoft’s privacy policy Quip – Quip’s privacy policy Trello – Trello’s privacy policy NextCloud - NextCloud’s privacy policy GitHub - GitHub’s privacy policy GitLab - GitLab’s privacy policy No personal information, or information stored is made available to JGraph when you use diagrams.net online, offline or within any of its integrations. When you change your diagram’s sharing permissions If you use Google Drive, you are permitted to change the permissions of your diagram. This sharing permissions dialog is entirely provided and served by Google. When you export to a raster or PDF format Your diagram data may be securely sent to our image export servers and the resulting file returned when you export your diagram to a PDF. When errors occur If an error condition occurs whilst using the application, the application may send an error report back to the servers. This report contains the program line and condition that occurred. Such reports contain no personal information or parts of your diagram data, nor do they contain any substantial information regarding your usage of the application. When you search for shapes No data is transmitted from your server or client browser when you use diagrams.net to any third-party with one exception: When you search for an shape, if your keyword has no results in the list of local shapes, the keyword and the list of matching shapes is sent securely to app.diagrams.net. No diagram information, nor any information about you or your system or infrastructure is transmitted. Request access to, modify and delete your information If you want to access, review or delete your personal information and communication prior to the routine deletion periods described above, please send an email to privacy@jgraph.com. We will retain your request for modification or deletion as a record of our compliance with the GDPR. Disclosure of your personal information We do not sell or share your personal information. We do not access or store your personal information. If we merge with another company such that your information will become subject to a different privacy policy, we’ll notify you before the transfer. Data security The diagrams.net application and all diagrams.net websites use HTTP over TLS1.2+ to ensure communication between you and our servers is encrypted and secure. Rights you grant us By the use of the draw.io plugins within G Suite, you grant JGraph the rights: a) That your company, that owns the @domain.com of the Google account you use, permits us to reference them as a user of the Software in customer lists on the diagrams.net web-site, in marketing publications, in presentations to clients and at trade events. b) To announce publicly when we pass a security audit set by your company on the diagrams.net web-site, in marketing publications, in presentations to clients and at trade events. Cookie policy We do not use cookies in the diagrams.net application. Settings are stored in the localStorage of your browser. We do not set any cookies when you browse the diagrams.net websites. We respect Do Not Track (“DNT”) settings in browsers. If you’re logged out of our Services and have DNT enabled, we will not set cookies. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org. Changes to this privacy policy JGraph Ltd may make changes to this privacy policy from time to time, without much fanfare. Major changes will be announced on this website and in our social media channels. SNOMED CT Browser License Agreement SNOMED International SNOMED CT Browser includes SNOMED Clinical Terms® (SNOMED CT®) which is used by permission of the SNOMED International. All rights reserved. SNOMED CT® was originally created by the College of American Pathologists. “SNOMED”, “SNOMED CT” and “SNOMED Clinical Terms” are registered trademarks of the SNOMED International (www.snomed.org) Use of SNOMED CT in SNOMED International SNOMED CT Browser is governed by the conditions of the following SNOMED CT license issued by SNOMED International: 1. The meaning of the terms “Affiliate”, or “Data Analysis System”, “Data Creation System”, “Derivative”, “End User”, “Extension”, “Member”, “Non-Member Territory”, “SNOMED CT” and “SNOMED CT Content” are as defined in the SNOMED International Affiliate License Agreement (see http://snomed.org/license-affiliate). 2. Information about Affiliate Licensing is available at https://www.snomed.org/snomed-ct/get-snomed. Individuals or organizations wishing to register as SNOMED International Affiliates can register at mlds.ihtsdotools.org, subject to acceptance of the Affiliate License Agreement (see http://snomed.org/license-affiliate). 3. The current list of SNOMED International Member Territories can be viewed at www.snomed.org/members. Countries not included in that list are "Non-Member Territories". 4. End Users, that do not hold an SNOMED International Affiliate License, may access SNOMED CT® using SNOMED International SNOMED CT Browser subject to acceptance of and adherence to the following sub-license limitations: a) The sub-licensee is only permitted to access SNOMED CT® using this software (or service) for the purpose of exploring and evaluating the terminology. b) The sub-licensee is not permitted the use of this software as part of a system that constitutes a SNOMED CT "Data Creation System" or "Data Analysis System", as defined in the SNOMED International Affiliate License. This means that the sub-licensee must not use SNOMED International SNOMED CT Browser to add or copy SNOMED CT identifiers into any type of record system, database or document. c) The sub-licensee is not permitted to translate or modify SNOMED CT Content or Derivatives. d) The sub-licensee is not permitted to distribute or share SNOMED CT Content or Derivatives. 5. SNOMED International Affiliates may use SNOMED International SNOMED CT Browser as part of a "Data Creation System" or "Data Analysis System" subject to the following conditions: a) The SNOMED International Affiliate, using SNOMED International SNOMED CT Browser must accept full responsibility for any reporting and fees due for use or deployment of such a system in a Non-Member Territory. b) The SNOMED International Affiliate must not use SNOMED International SNOMED CT Browser to access or interact with SNOMED CT in any way that is not permitted by the Affiliate License Agreement. c) In the event of termination of the Affiliate License Agreement, the use of SNOMED International SNOMED CT Browser will be subject to the End User limitations noted in 4. Aspose Privacy Policy 1. General This web site is maintained by Aspose Pty Ltd, Suite 163, 79 Longueville Road, Lane Cove, NSW, 2066, Australia also known as "Aspose". By accessing or using any website owned by Aspose Pty Ltd, you agree to the terms of the Aspose Online Privacy Policy, as outlined below. If you do not agree to these terms, please do not access or use this site. For the purposes of this policy, Aspose defines the term “Visitor” as an individual that visits any page of our front-end website (for example www.aspose.com) or uses our products, web apps or mobile apps. The term “User” as an entity with which Aspose has an established relationship with when a Visitor uses its products or signs up for an account on the website. "Service" includes our: Websites SaaS Products Downloadable Products Desktop apps Mobile apps, such as those downloaded from the Apple App Store or Google Play Store. but does not include: Any Third Party Products. These are third party products or services that you may choose to integrate with Aspose’s products or services, such as third-party Add-Ons. You should always review the policies of third party products and services to make sure you are comfortable with the ways in which they collect and use your information. Any information stored by Aspose is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Aspose implements and maintains appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. 2. Information we Collect Aspose takes online security very seriously and is committed to protecting your privacy. In order to access some Aspose services you will be asked to provide personal identification information ("Personal Information"). How, why and other information in regards to this is explained below. In general, you may visit Aspose's web pages without disclosing to us who you are and without revealing any Personal Information about yourself however without providing personal information you may not be able to download or purchase our products or services. 2.1. Collection of User data During a registration on the Aspose website, you give consent to provide information such as name, company name, email address, physical address, telephone, credit-card number and other relevant data. This information is used by Aspose to identify you as a User and provide you with access to: purchase our software, use support and services participate in mailings, sales and marketing actions, for billing purposes to meet any other contractual obligations We do not collect sensitive information such as medical, health, racial, ethnic, political, religious, philosophic, union membership or sexual orientation information. If we are made aware that we have received such information, we will promptly proceed to its deletion. In some cases another User (such as a system administrator) may create an account on your behalf and may provide your information, including Personal Information (most commonly when your company requests to use our products). We collect Information under the direction of our customers and often have no direct relationship with the individuals whose personal data we process. If you are providing information (including Personal Information) about someone else, you must have the authority to act for them and to consent to the collection and use of their Personal Information as described in this Privacy Policy. 2.2. Data Access, Correction, Deletion, and Opt Out. Users of the website can at any time access and edit, update or delete their contact details by logging in to their account on the Aspose website with their username and password. Users may create more Users within their account (sub accounts). Once these new Users log into Aspose, they meet the definition of User in this policy. Aspose will not retain User data longer than is necessary to fulfil the purposes for which it was collected or as required by applicable laws or regulations. To the extent that you do provide us with Personal Information, Aspose wishes to maintain it accurately and up-to-date. Where we collect Personal Information from you, our goal is to provide a means of contacting Aspose should you need to access, update or correct that Information. You can contact us any time to: Request access to information that Aspose has about you Correct any Information that Aspose has about you Delete information that Aspose has about you Contact us at sales@aspose.com and we will make reasonable efforts to promptly provide you with the information or assistance you need free of charge. Further, if you notify us that such information is incorrect, or you wish to have such information removed, we will correct, amend, or delete your Personal Information as soon as practicable. Your personal data will be removed without the requirement to state a reason for discontinuing your account with us. 2.3. Our Role Aspose processes Personal Data both as a Processor and as a Controller, as defined in the Directive and the GDPR: Aspose which you as a User entered an agreement with when signing up for an account, will be the Controller for User data, as outlined in the information above. Using some Aspose services you may send your own client’s (“Client”) data through our servers, in this case you the User will be the Controller in accordance with Directive and GDPR, and Aspose will be the Processor. Aspose adheres to the Directive of 1995 and the GDPR from May 25th, 2018. Aspose does not own, control or direct the use of any of the Client data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve and direct the use of such Client Data. Aspose is largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and does not directly access such Client Data except as authorized by the User, or as necessary to provide Services to the Client and its Users. As such Aspose is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR. Aspose should be considered only as a processor on behalf of its Clients and Users as to any Client Data containing Personal Data that is subject to the requirements of the GDPR. The Client or the User is the data controller under the Regulation for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data. 2.4. Data Transfer Across Borders You should be aware, that if you choose to provide us with your Personal Information, we may transfer such information, within Aspose or to Aspose's third party service providers, across borders and from your country or jurisdiction to other countries or jurisdictions around the world, subject to the limitations of this Privacy Policy. Personal data collected by Aspose will be stored in secure hosting facilities provided by Amazon Web Services located in the US which is on the EU Commission’s list of countries or territories providing adequate protection for the rights and freedoms of data subjects in connection with the processing of their personal data. All hosting is performed in accordance with the highest security regulations and Amazon Web Services is EU-US Privacy Shield compliance certified and follows the relevant principles. Aspose strives to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from country to country, Aspose intends to adhere to the principles set forth in this online Privacy Policy. 2.5. Compromise of Personal Information. In the event that personal information is compromised as a breach of security, Aspose will promptly notify our customers in compliance with applicable law. 2.6. Choice You may choose whether or not to provide Personal Information to Aspose. However, when you engage in certain activities on this site, such as purchasing products or services, downloading software, or entering competitions, Aspose may require that you provide certain information about yourself by filling out and submitting an online form. It is entirely optional for you to engage in these activities. If you elect to engage in these activities, Aspose may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. 3. How We Share Your Information Personally Identifiable Information: Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Be aware that any personally identifiable information you elect to make publicly available on our Sites or the Aspose Service, such as posting comments on our public forum, will be available to others and this privacy policy does not apply. If you remove information that you have made public on our Sites or Service, copies may remain viewable in cached and archived pages or if other users have copied or saved that information. Our forum and blog are hosted on our own servers and we have full control over the data and ability to remove content if requested. Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to help us understand the usage patterns for our website. Such data consist solely of non-personally identifiable information. Non-personally identifiable information may be stored indefinitely. Purchase Information: Details of your purchases, including but not limited to: order ID, licenses and contact information, will not be shared with anyone without your written permission. For this reason employee requests for all licenses owned by their company will be denied. Instances Where We Are Required To Share Your Information: Aspose will disclose your information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our terms or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Aspose, our users or others. What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the company, or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, and other User information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. Testimonials: We display personal testimonials (success stories) of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at sales@aspose.com. 4. Cookies and Other Tracking Technologies When you visit any Aspose website, you may surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. "Cookies" cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, therefore allowing you to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access such pages.) While Aspose uses cookies to track your visits, and our web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Aspose with Personal Information. Some cookies are associated with your account and personal information in order to remember that you are logged in. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things. Cookies can be used to recognize you when you visit this Site or another Site managed by Aspose or with or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure. We collect analytics information when you use our Websites to help us improve our products and services. This information is anonymous and cannot be used to identify you. A list of our main services that uses cookies is detailed in the table below. Note this is not an exhaustive list of cookies and generally details the cookies that may or may not be stored on your machine. Service Purpose Google Analytics To distinguish unique users for analytics purposes Google Ads Tracking To distinguish unique users for analytics purposes Google reCAPTCHA To check whether the data entered on our website has been entered by a human or by an automated program. Bing Event Tracking To distinguish unique users for analytics purposes Facebook Pixel To distinguish unique users for analytics purposes AdRoll Pixel To distinguish unique users for analytics purposes Quora Pixel To distinguish unique users for analytics purposes Twitter Universal Website Tag To distinguish unique users for analytics purposes Containerize.IdentityServer (id.containerize.com) For the functioning of our single sign on service so that you may share the same account across our various websites Containerize.Discourse (forum.aspose.com) To retain user settings on our free support forum Containerize.Helpdesk (helpdesk.aspose.com) To retain user settings on our paid support platform Containerize.Mautic (drip.aspose.com) For marketing automation for visitors 5. Google reCAPTCHA We use "Google reCAPTCHA" (hereinafter "reCAPTCHA") on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA ("Google"). reCAPTCHA is used to check whether the data entered on our website (such as on a contact or signup form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as a website visitor enters the website. For the analysis, reCAPTCHA evaluates various information, like IP address, how long the visitor has been on the website, or mouse movements made by the user. Data collected during the analysis will be forwarded to Google. The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place. We have a legitimate interest in protecting our sites from abusive automated crawling and spam. If you do not want any data about you or your behavior to be transmitted to Google, you must log off completely from Google and delete all Google cookies before you visit our website or use reCAPTCHA software. Data is automatically transmitted to Google as soon as you access our site. To delete this data again, you must contact Google support at https://support.google.com. By using our website, you agree that Google and its agents automatically collect, process and use data. You can learn more about reCAPTCHA on Google's web developer page at https://developers.google.com/recaptcha/. Google goes into more detail about the technical development of the reCAPTCHA here, but exact information about data storage and data protection-relevant topics are not found. A good overview of the basic use of data at Google can be found in the company's own privacy policy at https://policies.google.com/privacy?hl=en-US. 6. Newsletters From time to time, Aspose will provide information to their customers in the form of electronic newsletters. When you subscribe to the Aspose newsletter you will be added to our mailing list and will receive announcements and information about Aspose and its ventures. The announcements and information will come from Aspose, not from third parties. It will be emailed directly to the email address that you provide when you subscribe. If you no longer wish to receive newsletters from us in the future, you can sign-in aspose.com and then unsubscribe by accessing the settings of your profile. 7. Security Wherever your Personal Information may be held by Aspose or by a third party on Aspose's behalf, reasonable and appropriate precautions, such as encryption, firewalls and like technologies, are and will be implemented to protect such Personal Information from loss, misuse, or unauthorized access. 8. Aggregate Information The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain Personal Information. We may use such aggregate information to analyze trends, administer the Site, track users' movement, and gather broad demographic information for aggregate use. We may share this aggregate information with third parties to assist them in targeting advertisements to appropriate audiences. 9. Links to Third Party Sites The Site or Services may provide links to other Web sites or resources over which we have no control ("External Web Sites"). Such links do not constitute an endorsement by Aspose of those External Web Sites. You acknowledge that Aspose is providing these links to you only as a convenience, and further agree that Aspose is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites. 10. Children's Privacy Aspose, its websites and services are not designed nor structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age. If we are made aware that information is or has been submitted by or collected from a child under the age of thirteen, we will promptly delete this information. 11. Data Protection Officer Aspose has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection officer can be reached by email: dpo@aspose.com 12. Your Consent By using this website or our services, you consent to the terms of our Online Privacy Policy and to Aspose's processing of Personal Information for the purposes outlined above. Should the Online Privacy Policy change, we will take reasonable steps to ensure that these changes are brought to your attention by posting all changes prominently on our website for a reasonable period of time. If we make any changes, the "Effective date" at the top of this Privacy Policy will be revised accordingly. Aspose Terms of Use The following are terms of a legal agreement between you and Aspose Pty Ltd, also known as Aspose who maintains this website. By accessing, browsing, and/or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site. Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Aspose may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. The security procedures and measures Aspose users is publicly available at security practices which is incorporated herein by this reference and which may be updated from time to time. In regards to the protection of user data, Aspose will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data as described in the security policy above. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of User Data by Aspose personnel except (a) to provide the Service and prevent or address service or technical problems, (b) as compelled by law in accordance, or (c) as a User or User expressly permit in writing. The Services are performed using equipment or facilities located in the United States. Aspose's US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Aspose customers when using the Service will receive from Aspose and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation). By agreeing to these Terms, the User grants Aspose a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Service. The list of processors Aspose uses is publicly available at subprocessors. Aspose will inform the User of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in this agreement. For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the User (data subject) and Aspose as both the data controller and the data processor (Aspose are the data processor in instances where the User makes use of a Metered License). The User hereby instructs Aspose to control and process the data as described in these Terms. Subject matter and nature of processing. Aspose provides a Service whereby to access the User must sign up for an account which involves the supply of personal information. Aspose collects and uses customer info to send newsletters, keep purchase records, retain forum posts. With a Metered license Aspose also acts as the processor of usage data. Duration. Aspose will collect data on behalf of the User until the termination of the User's account. Upon termination, Aspose will store the User's data for a period of 7 days, should the User wish to reopen the account to resume the use of the Aspose's Service or to export data, unless instructed otherwise by the User. Aspose deletes or returns all the personal data to the User after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data. Parties’ rights and obligations. The User's rights and obligations regarding User Data are provided in these Terms. Aspose ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Aspose takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679 and we undertake to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the User. Unlawful Client Data. Aspose is not obliged to pre-screen, monitor or filter any User Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful User Data or the action of its unlawful processing is discovered or brought to the attention of Aspose or if there is reason to believe that certain User Data is unlawful, we have the right to: notify the User of such unlawful User Data; deny its publication on the Web Site or its insertion to the System; demand that the User bring the unlawful User Data into compliance with these Terms and applicable law; temporarily or permanently remove the unlawful User Data from the Web Site or Account, restrict access to it or delete it. If Aspose is presented convincing evidence that the User Data is not unlawful, we may, at our sole discretion, restore such User Data, which was removed from the Web Site or Account or access to which was restricted. In addition, in the event Aspose believes in its sole discretion User Data violates applicable laws, rules or regulations or these Terms, Supplier may (but has no obligation), to remove such User Data at any time with or without notice. Without limiting the generality of the preceding sentence, Aspose complies with the Digital Millennium Copyright Act, and will remove User Data from the Platform upon receipt of a compliant takedown notice. Aspose as the data controller and data processor will assist the User as the data subject in meeting the User's obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679. Aspose assumes no responsibility regarding the accuracy of the information that is provided by Aspose and use of such information is at the recipient's own risk. Aspose provides no assurances that any reported problems may be resolved with the use of any information that Aspose provides. By sending Aspose any information or material, you agree that Aspose and its affiliates may collect and use technical information, excluding any confidential information, gathered as part of the product support services provided to you. Aspose may use this information solely to improve our products or to provide customized services or technologies to you. No information is collected by the product; technical information must be provided to Aspose by you through the support process. Please review our Privacy Policy for more details. Aspose makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Aspose web site, even one that may contain the Aspose logo, please understand that it is independent from Aspose and that Aspose has no control over the content on that web site. In addition, a link to a non-Aspose web site does not mean that Aspose endorses or accepts any responsibility for the content or the use of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. IN NO EVENT WILL Aspose BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY Aspose ON AN "AS IS" BASIS ONLY. Aspose PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. Aspose may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound. Network For Good Charitable Solicitation Disclosures Network for Good, Inc., a Delaware nonprofit, non-stock corporation recognized by the IRS as exempt from income tax under Internal Revenue Code Section 501(c)(3), and its affiliate Network for Good, Inc., a New York corporation, publish detailed financial summary information as a part of their annual reports, financial reports, and IRS 990 forms. Network for Good, Inc., the non-stock corporation, has retained its affiliate Network for Good, Inc., a paid professional fundraiser, to assist in its fundraising programs. Financial information about Network for Good, Inc., the charitable organization, can be reviewed online here or at https://www2.guidestar.org/profile/68-0480736 or may be obtained by contacting us at Network for Good, DAF, PO Box 65688, Washington DC 20035; (888) 284-7978, or as stated below. Your contribution may be tax deductible pursuant to IRC §170(c). Information about Network for Good, Inc., a paid professional fundraiser may be obtained by contacting at ATTN: Accounting, 1140 Connecticut Avenue., Suite 700, Washington, DC 20036; (888) 284-7978, or as stated below: General Solicitation Disclosures If you are donating on www.networkforgood.com, www.networkforgood.org, www.nfggive.com or on websites or applications of partners of Network for Good, the following disclosures apply to you. If you are donating directly on a charity website, where Network for Good, a 501(c)(3) organization, is acting as the agent of the charity, then the following terms do not apply to you. Our website and partner websites (“NFG-Enabled Donation Sites”) enable you to search and donate to more than 1 million charities online. Your donation is safe, secure, and private, and helps support the issues and causes you care most about. By donating via NFG-Enabled Donation Sites, you are contributing to a donor-advised fund at Network For Good, Inc., a Delaware nonprofit organization (“NFG-DAF”) that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. You are making a tax deductible contribution to NFG-DAF and recommending that NFG-DAF make a grant of your donation to the charity that you have selected. NFG-DAF honors all requests from any charity that does not want to receive donations via NFG-Enabled Donation Sites and would like to “opt out” from receiving recommended donations. A charity may send such request to NFG-DAF at support@networkforgood.com. Who receives the donation? As required by federal tax law, once a donation has been processed, it becomes the property of NFG-DAF, and NFG-DAF has exclusive legal control over the donated funds. In very rare situations, NFG-DAF cannot grant donated funds to the recommended charity when, for example, such charity falls out of compliance with a federal or state regulatory authority. If NFG-DAF cannot grant the donation to the charity that you have recommended, NFG-DAF may in its sole discretion select an alternate recipient charity or contact you for a different recommendation. When will the charity get the donation? If the recommended charity has signed up to receive disbursements through electronic funds transfer, then NFG-DAF will disburse all donations, net of fees, typically within fifteen (15) days and no later than thirty (30) days after the end of each month in which NFG-DAF has received the donation. If the recommended charity has elected to receive disbursements by check, NFG-DAF will mail a check typically within fifteen (15) days and no later than thirty (30) days after the end of each month in which NFG-DAF has received the donation, provided that the aggregate donations total at least $9.51, net of processing costs (the “Minimum Disbursement Amount”). NFG-DAF shall have the right to update the Minimum Disbursement Amount from time to time in its sole discretion. If the aggregate donations for the charity do not meet the Minimum Disbursement Amount, NFG-DAF will hold such donations until the sum of the aggregate donations meets the Minimum Disbursement Amount. Notwithstanding the foregoing, NFG-DAF will disburse such donations to the charity, net of processing costs, at the end of every twelve (12) months, regardless of whether or not such amount is less than the Minimum Disbursement Amount. Note that it is possible that donations made on partner websites may or may not be received by NFG-DAF in the same month that your donation is made, but NFG-DAF will make every attempt to receive and process donations in the earliest month possible. Will donor information be shared? On Network for Good websites and most partner websites, we provide you with a choice on whether or not to share your personal information with the recipient charity. See our Privacy Policy for more information. Other disclosures Donations to a Network for Good donor advised fund can only be used for charitable purposes and not for the benefit of the donor or donor advisor or related persons for any other purpose conferring impermissible private benefit. All grants made from NFG-DAF are unrestricted. While a donor may opt to make a dedication, designation or other comment which will be passed along to the Charity in the donation record, the grant shall be unrestricted. State-Specific Disclosures CALIFORNIA: This solicitation is being conducted by Network for Good, Inc., a commercial fundraiser, for charitable purposes. COLORADO: Network for Good, Inc.’s, the charitable organization, registration number: 20053000534; Network for Good, Inc.’s, the professional fundraiser registration number: 20133029964; Colorado residents may obtain copies of registration and financial documents from the Secretary of State by calling (303) 894-2200 or at www.sos.state.co.us. FLORIDA: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE, 1-800-435-7352 TOLL-FREE WITHIN THE STATE OR BY VISTING https://www.fdacs.gov/ConsumerServices. Network for Good, Inc.’s, the charitable organization, registration number: CH – 18699; Network for Good, Inc.’s, the professional fundraiser, registration number: SS39652. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. GEORGIA: The following information will be sent upon request: (A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; (B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5. ILLINOIS: Contracts and reports regarding the charity are on file with the Illinois Attorney General. KANSAS: Network for Good, Inc.’s, the charitable organization, Kansas registration number is 373-980-2. Network for Good, Inc.’s, the professional fundraiser, Kansas registration number is 0000511. The annual financial report for the preceding fiscal year is on file with the Secretary of State, 1st Floor, Memorial Hall, 120 SW 10th Ave., Topeka, KS 66612. MAINE: You may obtain information on the respective percentages of contributions that will be paid to the charitable organization and to the paid fund raiser by contacting the Attorney General, Department of Professional & Financial Regulation, 35 State House Station, Augusta, ME 04333. MARYLAND: A copy of the current financial statement of Network for Good, Inc., the charitable organization, is available by writing Accounting, 1140 Connecticut Avenue., Suite 700, Washington, DC 20036 or by calling (888) 284-7978. Documents and information submitted under the Maryland Charitable solicitations Act are also available for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis, Maryland 21401. MICHIGAN: Network for Good, Inc.’s, the charitable organization, registration number is MICS # 30497. Network for Good, Inc.’s, the professional fundraiser, registration number is MIFR # 50433. MISSISSIPPI: The official registration and financial information of Network for Good, the charitable organization, may be obtained from the Mississippi Secretary of State’s office by calling 1-888-236-6167. Registration by the Secretary of State does not imply endorsement. NEW JERSEY: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING 973-504-6215 AND IS AVAILABLE ON THE INTERNET AT https://www.njconsumeraffairs.gov/. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT. NEW YORK: New York residents may obtain a copy of Network for Good, Inc.’s, the charitable organization, annual report by writing to the Office of the Attorney General, Department of Law, Charities Bureau, 120 Broadway, New York, NY 10271. NORTH CAROLINA: Financial information about Network for Good, Inc., the charitable organization and a copy of its license are available from the State Solicitation Licensing Branch at 1-888-830-4989. The license is not an endorsement by the State. PENNSYLVANIA: The official registration and financial information of Network for Good, Inc., the charitable organization, may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 1-800-732-0999. Registration does not imply endorsement. TENNESSEE: Network for Good, Inc., the charitable organization, has retained Network for Good, Inc., a paid solicitor. VIRGINIA: The professional solicitor conducting this campaign Network for Good, Inc., files a financial report for each campaign it conducts. Copies of these financial reports are available from the Virginia Office of Consumer Affairs, P.O. Box 1163, Richmond, VA 23218; 1-804-786-1343. WASHINGTON: A Notice of Solicitation required by law is on file with the Washington Secretary of State. You may obtain additional financial disclosure information by contacting the Secretary of State at 1-800-332-GIVE. WEST VIRGINIA: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, WV 25305. WISCONSIN: A financial statement of Network for Good, Inc., the charitable organization, disclosing assets, liabilities, fund balances, revenue, and expenses for the preceding fiscal year will be provided upon request. How Contributions Are Allocated Between Network for Good, Inc., the charitable organization, and Network for Good, Inc., the paid fundraiser. VERMONT: For information on how much of your contribution goes to the charity and how much to the paid fundraiser, contact the Vermont Consumer Assistance Program, Morrill Hall, UVM, Burlington, VT 05405, tel. 1-800-649-2424, or the Vermont Attorney General’s Internet website, http://www.atg.state.vt.us REGISTRATION WITH A STATE AGENCY DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, APPROVAL OR RECOMMENDATION BY THAT STATE OF THE PAID SOLICITOR, THE ORGANIZATION OR THE CAUSE THE SOLICITOR REPRESENTS. Network For Good Privacy Policy Introduction This Privacy Policy was last updated on April 30, 2021. If you are an individual located in the European Union or the European Economic Area, please visit our Privacy Policy (EU/EEA). We understand your concerns about safety and security and want to assure you that we make every effort to safeguard your privacy when you make donations through our giving system or otherwise utilize our services. Our mission is to help you support any charity, anywhere online – in a convenient and secure manner. The information below spells out the privacy and security practices of our for-profit entity Network for Good, Inc., a New York corporation (“Network for Good”, “us”, “our” or “we”) and our nonprofit entity Network for Good, a Delaware nonprofit corporation and donor advised fund (tax ID 68-0480736) (together, “Network for Good”). This Privacy Policy describes the types of information Network for Good may collect from you or that you may provide when you visit our websites or mobile sites at www.networkforgood.org, www.networkforgood.com, and www.cause4auction.com (including sub-domains, web pages within this site or any equivalent mirror, replacement, substitute, or backup website), or any other website, mobile site or application that links to this Privacy Policy, accessed via any device, or accessing or using any of our Services (collectively, the “Websites”). “Services” means any of the Network for Good products or services, e.g., Donor Management, Fundraising Pages, Personal Fundraising Coach, Peer-to-Peer Enterprise Fundraising, Cause4Auction, or any applications, including mobile applications, made available by Network for Good. The definition of Services does not include “Events Now.” If you have any questions about this Privacy Policy, please do not hesitate to contact us. If you do not agree with any of the terms and conditions in this Privacy Policy, please discontinue using the Websites and our Services. This Privacy Policy is organized into three sections: (1) “General Provisions,” which apply to everyone using or visiting the Websites; (2) “Special Privacy & Security Provisions for Donors,” which apply only to users who make donations through our Websites; and (3) “Special Privacy & Security Provisions for Nonprofits, Customers, and Potential Customers,” which apply specifically to nonprofits who use or consider using our Services. 1. General Provisions Security We take reasonable security precautions to protect the personal information that we collect and you provide to us. We meet commercially reasonable standards for online payment protection. We use up-to-date industry-accepted tools and technology protocols, including but not limited to, firewalls and encryption, to protect against the loss, misuse and unauthorized alteration of the information we collect. Network for Good helps to protect your information by working with our service providers who provide a secure and safe environment for credit card donations. Please remember that the safety and security of your information also depends on you. Where we have given you (or you have chosen) a logon ID or password to access certain services or areas of the Websites, you are responsible for keeping this ID and/or password confidential. We ask that you not share such information with anyone or allow anyone to sign-in using your credentials. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we put in place for your protection. What Information Do We Collect? As discussed in greater detail below, we collect two types of information: personal information you submit to us voluntarily and information we collect automatically when you use our Websites or Services. “Personal information” is data that can be used to uniquely identify or contact a single person. Personal information we collect may include your name, phone number, mailing address, email address and payment information, such as last four digits of credit card number and expiration date. We outline data we collect in more detail below. We may also collect information such as your organization’s name, your title within the organization, industry type and 501(c)(3) status, and other business information about the organization. We may collect information from you when you use our Websites, such as when you sign up for a Network for Good or Cause4Auction account, subscribe to our newsletters, register to attend a webinar, or make a donation. When you submit payment information to us via the Websites, you consent to providing your payment information to us and to our service providers processing the donation to the extent required to provide our Services to you. When we collect payment information directly from you, we transmit this payment information directly to our service provider. For donations, we store the last four digits of the card number and the expiration date. Contact information Name, mailing address, email address and telephone number Professional information Organization name, your title within the organization, industry type, 501(c)(3) status, and other business information about the organization Account information Contact information as set forth above, username, password, and any other information you choose to include in your profile Donation information Billing address, email address, information about the donation (charity donating to, the amount of the donation), payment information, records of donations, receipts of donations Payment information Payment card number (credit or debit card), expiration date, or other financial account number and account details Marketing preferences, marketing activities and customer feedback Marketing preferences, or responses to voluntary customer satisfaction surveys. To improve our marketing communications, we may collect information about interaction with, and responses to, our marketing communications Attendance information Registration information; record of attendance at a webinar or another event; contact information Other information you provide to us For example, if you write a review of our Services or provide other information to us in the course of your use of our Websites or Services This information may be provided: in the course of communications between you and us (including by phone, email, chat, Website or otherwise); when you register for an account and/or fill out an application form; when you inquire about our Services; when you make a donation; when you make a bid on an auction item; when you register to attend one of our webinars or other events; when you sign up for our e-newsletter or other materials; when you post on our Websites’ publicly available features, such as online blogs; and when you report a problem with our Websites or Services. We also collect information from you automatically. Like most website administrators, we use log files that record information such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. We gather this information to track website visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our Services. IP addresses that are recorded by our log files are not linked to personal identifiers. From Whom Do We Collect This Information? We may collect information directly from you. We may also receive personal information from other sources, including from our service providers (e.g., see information below regarding Plaid), any of the other websites we operate or the other services we provide (if you use any of them); information we obtain from publicly available sources such as Facebook or LinkedIn; information from public records in order to conduct due diligence or for conducting fraud prevention checks or to supplement your profile (i.e., zip code); information from your employer if you are using our Services through an employer-run program; information from corporate partners if you are using our Services through a corporate partner program. Links and Third Party Websites The Websites contain links to other sites and in certain circumstances, we use third parties to provide you with certain services as discussed in greater detail in our Services Agreement (which governs use by nonprofits who subscribe to our Services) and Terms & Conditions (which govern use by donors, auction participants, visitors of the Websites, and nonprofit organizations who may receive donations through our Services but do not subscribe). Please be aware that Network for Good is not responsible for the privacy practices of such other sites or companies. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personal information. This Privacy Policy applies solely to information collected via the Platforms. If you elect to use the paperless EFT enrollment process the following additional terms apply: Network for Good uses Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By electing to use the paperless EFT enrollment process offered as part of the Services, you grant Network for Good and Plaid the right, power and authority to act on your behalf to access and transmit your personal and financial information being transferred, stored and processed by Plaid in accordance with the Plaid Privacy Policy, which can be viewed here: https://plaid.com/legal/#privacy-statement. You can withdraw from the paperless EFT enrollment at any time by contacting support@networkforgood.com. Cookies Please also refer to the Special Provisions below in Section 2 and Section 3 for more information on the cookies we use if you are a donor or a nonprofit customer or potential customer. For all Website users, as you navigate through and interact with our Websites, we may automatically collect certain information about your equipment, browsing actions and patterns, including details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Websites; information about your computer and internet connection, including your IP address, operating system and browser type; and other information obtained through third-party analytics tools, such as Google Analytics. Network for Good uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, text files that are stored on your computer, to analyze your use of the Websites. The information generated by the cookie about your use of the Websites (including your shortened IP address) is transmitted to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the Websites, compile reports on website activity for us, and to provide other services related to the Websites and internet use. Google may also transfer this information to third parties if required by law, or where third parties process these data on behalf of Google. For more information about Google Analytics, or to opt out of Google Analytics, please go to the Google Analytics Opt Out Settings page. We use cookies in order to bring you more relevant messaging with Google Display and Search Advertising (e.g., Remarketing or Google Display Network Impression Reporting). We use third-party vendors, including Google, Facebook, Linkedin, and Bing, in order to show ads on third-party sites across the Internet. Network for Good along with third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on past visits to our Websites and to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Websites. We use data from Google Analytics Demographics, Interest Reporting, and third-party audience data to help us understand how people find and use our Websites. Visitors can opt-out of Google Analytics for Display Advertising, customize Google Display Network ads using Google’s Ads Settings page. Visitors can customize their Linkedin advertising settings using Linkedin’s Ads Settings page. Visitors can customize their Facebook advertising settings using Facebook’s Ads Settings page. Visitors can customize their Bing advertising settings using Bing’s Ads Settings page. Cookies do not allow the Websites to access personal information that you haven’t already provided to us. Network for Good may use third party analytics services like Crazy Egg’s Analysis Service or FullStory, which provide us with a clearer picture of how you use the Websites, such as where you click on the Websites, non-sensitive text entered into the Websites, and mouse movements. Your use of the Website is also subject to Crazy Egg’s and FullStory’s privacy policies. You can visit Crazy Egg’s privacy policy at: https://www.crazyegg.com/privacy and their opt-out feature on Crazy Egg’s Opt Out Settings page. You can read FullStory’s privacy policy here: https://fullstory.com/legal/privacy. If you wish to opt out of our use of FullStory with respect to your use of the Websites, you may do so by visiting https://www.fullstory.com/optout/. How We Use Your Information If you make donations through Network for Good or are a nonprofit, customer, or potential customer, our use of your personal information will be described in the Special Provisions below. In addition to such uses, we may use the information we collect in accordance with this Privacy Policy for the following purposes: To provide you with the Websites and the Services that you request and to communicate with you regarding such Services; To process your donations and communicate with you and our partners about your donations; To respond to your inquiries and to contact you about changes to the Websites and the Services; To manage complaints, feedback and queries; To send you notices or our e-Newsletter (if you have signed up to receive it); To notify you of opportunities for future donations; To send you information about our products, Services and other offerings; To notify you about auction-related information, to the extent applicable; To provide and maintain the Websites, help diagnose problems with the Websites, and to administer and audit usage of the Websites; To improve the quality of the Websites and the Services; For statistical analysis and internal business purposes such as identifying fundraising trends; To comply with legal or regulatory obligations (including in connection with a court order and to meet our reporting requirements); To enforce or apply the agreements concerning you (including agreements between you and us); For any other purposes disclosed at the time the information is collected or to which you consent; and As otherwise specifically described in this Privacy Policy, including in the Cookies section above and Profiles and Accounts section below. Profiles or Accounts When you, if a donor or auction participant, submit your contact information to sign up for a Network for Good Profile, you agree and consent that Network for Good may send you communication relating to our products, events, or recommended charities. When you, if a nonprofit, submit your organization’s contact information to sign up for an account with Network for Good, you agree and consent that Network for Good may send your organization communication relating to our products, events, or other business information. Please contact us via the methods listed in the “Contact Us” section below to opt out of receiving such communication or you may opt out by clicking on the “unsubscribe” link at the bottom of our emails. Information You Publicly Post If you decide to participate in our Websites’ features, such as online blogs, by posting content, you understand that this information is publicly available. Information You Provide to Social Networking Sites The Websites allow you to access social networking sites including Facebook®, Twitter®, and LinkedIn®. How We Share Your Information Recipient Charities When you make a donation via a charity website that subscribes and links to a DonateNow or Fundraising Pages, your full contact information will be shared with that charity. When you make a donation via the Websites, other services, or a partner website that uses our donation processing services, you may be asked what information you wish to be shared with the recipient charity(ies). You may have a choice of: full contact information, name and email address only, or no contact information (an anonymous donation). When you register to participate in an auction, your full contact information will be shared with the charity sponsoring the auction. Partner Companies Employee giving: We provide employee giving solutions for partner companies. When we are processing donations as part of a specific employee giving campaign on the Websites or a page hosted by NFG, we do share some donor information (such as name, email address, donation amount), but not credit card or financial information, with the partner company to confirm that the donation was made by a legitimate employee. In these instances, the partner company has disclosed its relationship to us through its Intranet, website or employee communications prior to the donation being made. Corporate partners: We partner with other organizations and companies to enable giving across the Internet. Please be aware that donor information shared through a corporate partner site is accessible by the partner and us. We are not responsible for the privacy practices of our partners and any donor information shared through partner sites. Any such information is subject to that partner’s privacy policy. However, when donations are “Powered by Network for Good,” the donor information shared with recipient charities is subject to our Privacy Policy. Our Professional Advisers We may disclose your information to our professional advisers, including accountants, lawyers, and other professional advisers that assist us in carrying out our business activities. Complying With the Legal System Though Network for Good makes every effort to preserve donor and customer privacy, we may need to disclose personal information when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on our organization. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating any agreement with us, including our Terms & Conditions. Disclosure or Transfer of Data to Affiliates or Subsidiaries or in Connection with Organization Change We may disclose personal information that we collect or you provide to us with our affiliates or subsidiaries that require access to your personal information for business purposes. We may disclose personal information that we collect or you provide as described in this Privacy Policy to any buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of our Websites is among the assets transferred. In the event that Network for Good is involved in a bankruptcy, merger, acquisition, consolidation, change of control, liquidation, reorganization, or sale or transfer of assets, your information may be sold or transferred as part of that transaction. Our obligations in this Privacy Policy will apply to your information as transferred to the new entity. Disclosure or Transfer of Data to Service Providers We may use service providers to help operate and improve our Websites, assist us in providing products or services to you, to process and collect payments, to provide analytics, or provide tools we embed into our Websites, products, and services. We may share information we have about you with such service providers, solely for their use to provide services to us. Please be aware that such service providers have their own privacy policies, which govern their use of your information collected directly from you. For a full list of such service providers and their privacy policies, please contact us. Other Terms Do Not Track Requests; Third-Party Tracking Network for Good does not currently take actions to respond to Do Not Track signals sent by your web browser because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created. Third parties, other than our service providers (such as our website analytics providers), do not have authorization from us to track which websites you visited prior to and after visiting the Websites. That said, we cannot control third-party tracking and there may be some third-party tracking that occurs without our knowledge or consent. Notice to Residents of Countries Outside the United States We are based in the United States of America. Any personal information you provide may be stored and maintained in a secure database in the United States or transferred to a secure database outside the United States. Personal information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. If you are located outside of the United States, be advised that any information you provide to us will be transferred to and stored in the United States and that, by submitting information to us, you explicitly authorize its transfer and storage within the United States. We will protect the privacy and security of personal information according to this Privacy Policy regardless of where it is processed or stored. No Services For Minors We do not knowingly collect information from minors. To use the Websites, you must be the age of legal majority in your place of residence. By using the Websites, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Websites. We will use commercially reasonable efforts to delete information associated with a minor as soon as practicable if we learn that a minor has submitted information to us. If you believe we might have any information from or about a child under 18, please contact us via the methods listed in the “Contact Us” section below. Accessing, Modifying, Correcting and Deleting Your Information If you would like to access, modify, correct, or delete your personal information, please contact us via the methods listed in the “Contact Us” section below. When you contact us, you may be required to provide us some details to verify your identity in this case. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or we are unable to verify your identity. In addition, if you have provided your information to the charity or charities you supported through Network for Good in accordance with this Privacy Policy, you may need to contact that charity instead, if the relevant personal information is only accessible by that charity. If we have received your information from a third party, we may not be able to modify, correct or delete your information. Notice to California Residents The information in this section applies to residents of California. Collection of Personal Information For details on the personal information (as defined by the California Consumer Privacy Act of 2018 or “CCPA”) we collected about California residents in the last 12 months, the sources of that information, our business or commercial purposes for collecting that information, and the third parties with whom we shared that information, please refer to the corresponding sections of this Privacy Policy: What Information Do We Collect? – Categories of personal information we collected From Whom Do We Collect This Information? – Sources from which personal information was collected How We Use Your Information and Cookies and Special Provisions for Donors and Special Provisions for Nonprofits, Customers and Potential Customers – Our business or commercial purposes for collecting personal information How We Share Your Information – Third parties with whom we shared personal information Your California Privacy Rights – CCPA If you are a California resident, you have certain rights, pursuant to CCPA. These CCPA rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details below. Right to Know As a California resident, you have the right to request that we disclose what personal information we collect, use, disclose and/or sell. To enable us to fulfill that request, we will need to verify your identity. We may ask for certain information to verify the request in accordance with applicable law. Right to Request Deletion As a California resident, you have a right to request the deletion of your personal information collected or maintained by us. To enable us to fulfill that request, we will need to verify your identity. We may ask for certain information to verify the request in accordance with applicable law. Right to Non-Discrimination As a California resident, you have a right not to receive discriminatory treatment by us for the exercise of any of your CCPA rights. However, we may offer certain financial incentives, charge reasonable fees related to your requests, or deny your right to know, or right to request deletion in accordance with applicable law. Authorized Agent As a California resident, you can exercise your CCPA rights or you can designate an authorized agent to make a request on your behalf. We may require that you provide the authorized agent written permission to submit a request on your behalf and that the authorized agent verifies their own identity directly with us. Contact Us for More Information If you have questions about this Privacy Policy, including anything in this section about Your CCPA Rights, please contact us: Email: privacy@networkforgood.com, or Mail: 1140 Connecticut Ave NW #700 Washington, DC 20036, or Telephone: (888) 284-7978 We did not sell any personal information to third parties during the last 12 months. We do not knowingly collect any personal information from anyone under 16 years of age and do not sell such information. If you would like to print a copy of this Privacy Policy, please select the “Print” button in your web browser. Your California Privacy Rights – Shine the Light California Civil Code Section § 1798.83 permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Under Section § 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes. If you have any questions about this section, please contact us via the methods listed in the “Contact Us” section below. Changes to the Policy Network for Good periodically reviews and updates this Privacy Policy. If we decide to change this Privacy Policy, we will post those changes to our Websites so our donors and customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We may also, in our sole discretion, notify you of such changes via our e-Newsletter or email to your email address that we have in our records. Any updates or changes to this Privacy Policy will become effective upon posting. By continuing to access or use any of our Websites after those changes become effective, you agree to be bound by the revised Privacy Policy. Contact Us Email: privacy@networkforgood.com Mail: 1140 Connecticut Ave NW #700 Washington, DC 20036 Telephone: (888) 284-7978 Our Terms & Conditions and Services Agreement Our Terms & Conditions are available here: Our Terms & Conditions Our Services Agreement is available here: Services Agreement Contact Information/Questions Contact 2. Special Provisions for Donors The information that you provide is used only to complete your donation, provide you with a donation receipt or, upon request, provide you with a donation history. With your permission, your name and contact information will be provided to the charity or charities you supported through Network for Good. If you do not wish share your name and contact information with the charity or charities you supported through Network for Good or you choose to make your donation anonymously, Network for Good will not share your name or contact information. Network for Good provides a field to include an optional dedication with the donation. Network for Good reserves the right in its sole discretion to remove text from this field before it is provided to the designated charity, for example, if Network for Good deems it inappropriate, offensive, or misrepresentative. When you create an account with Network for Good you may choose to receive your donation records at tax time and occasional email updates on your favorite charities and The Good Card®. If you do not wish to hear from us, simply uncheck the box on the bottom of the billing page, unsubscribe from a mailing using the “unsubscribe” link, or contact us via the methods listed in the “Contact Us” section above directly. Add This Social Sharing: If you use the social sharing features on the Websites to inform a friend about our Websites or Services, you will be asked to provide the friend’s name and email address. Network for Good stores this information for the sole purpose of sending a one-time email and will not add your friend to our mailing list. The Good Card®: If you purchase a Good Card on our Websites, all of your personal information is kept confidential by Network for Good. When the card recipient uses their card to give to charity their personal information is also kept confidential. We do not share the recipient’s information with the charity they choose. The recipient gets the option of letting the purchaser know they have redeemed their card. Special note on employee giving: Network for Good provides employee giving solutions for partner companies. When Network for Good is processing donations as part of a specific employee giving campaign on the Websites or a page hosted by Network for Good, we do share some donor information (such as name, email address, donation amount), but not credit card or financial information, with the partner company to confirm that the donation was made by a legitimate employee. In these instances, the partner company has disclosed its relationship to Network for Good through its Intranet, website or employee communications prior to the donation being made. Special note on corporate partners: Network for Good partners with other organizations and companies to enable giving across the Internet. Please be aware that donor information shared through a corporate partner site is accessible by the partner and Network for Good. Network for Good is not responsible for the privacy practices of our partners and any donor information shared through partner sites. Any such information is subject to that partner’s privacy policy. However, when donations are “Powered by Network for Good,” the donor information shared with recipient charities is subject to Network for Good’s Privacy Policy. Special note on charities: Each charity has its own policies regarding privacy of donor information. Please contact the charity you contribute to directly to learn about their privacy policies. We will only pass on the information you provide us if you authorize us to do so. What information is being shared by Network for Good with the recipient charity? When you make a donation via a charity website that subscribes and links to a DonateNow or any Fundraising pages hosted by Network for Good, your full contact information will be shared with that charity. When you make a donation via the Websites, other Network for Good products, or a partner website that uses Network for Good’s donation processing services, you may be asked what information you wish to be shared with the recipient charity(ies). You may have a choice of: full contact information, name and email address only, or no personal information (anonymous). Network for Good respects donor privacy and only shares information with donor consent. For example, when a donor has asked to remain anonymous, no information is shared with the charity – we simply confirm that a donation has been made. How can I confirm what donor information was shared by Network for Good with the recipient charity or request corrections? If you want to confirm information shared with a recipient charity or change your personal information, please contact our Customer Support Team, and a Support Specialist will be happy to help you. If you are looking to get in touch directly with a charity, you can find contact information in GuideStar’s database. Charitable Solicitation Disclosure You can read our Charitable Solicitation Disclosure online Charitable Solicitation Disclosures. Complying with Donor Advised Fund Regulations Most donations through the Network for Good giving system are processed by the Network for Good Donor Advised Fund (“N4G.ORG”), a section 501(c)(3) nonprofit, donor advised fund, which will distribute your donation to the nonprofit organization that you recommended. However, some donations made through the Network for Good giving system are processed directly by the nonprofit of your choice and not by N4G.ORG. When your donation is processed by N4G.ORG, as required by the Internal Revenue Service (“IRS”), N4G.ORG has exclusive legal control over the donations to our donor-advised fund. All donations are final and may not be refunded. In the event that a charity you have recommended does not satisfy N4G.ORG’s criteria for receiving donations (e.g., it has been classified by the IRS as a disqualified supporting organization, it cannot or does not accept donations, is not recognized by the IRS as a section 501(c)(3) public charity, or is not in good standing with federal and state regulators), N4G.ORG will select an alternate charity to receive your donation funds. Cookies Network for Good uses “session cookies” while a visitor is making a donation via Network for Good hypertext links, sometimes referred to as donation buttons. “Cookies” are bits of information that are stored by your browser on your hard drive. We use “session cookies” to help us verify a donor’s identity as they move from one donation page to the next. Information collected by these session cookies is not linked to personal identifiers. 3. Special Provisions for Nonprofits, Customers, and Potential Customers You may choose to register to receive additional information or Services from us. When you register, we request personal information about you such as your name, email address and/or telephone number, and we may ask for other information to enable us to provide a more relevant, personalized service to you. The information you provide may be stored in our databases. We endeavor to limit our requests for personal information to information we believe is minimally necessary to achieve our stated collection purposes. We may also supplement your profile information with publicly available data, such as zip codes and other demographic information. We also collect payment information so that we can process one-time and/or recurring fees and to carefully screen organizations for our subscription services to ensure that their programmatic work meets the scope of our vision statement. Applicants fill out an online Application Form, which our customer service staff reviews. We may contact an applicant to verify information. The one-time and recurring fees are processed through a credit card processing company. Nonprofit customers can log into their password protected “My Account” section to update any personal information. Network for Good offers its own free e-Newsletter that it sends out to nonprofit customers and other interested individuals that includes online fundraising and marketing advice and training opportunities. Subscribers may choose to unsubscribe at any time and unsubscribe information is located at the bottom of each e-Newsletter. Individuals who donate to nonprofits through the Network for Good DonateNow or other Fundraising page service are not subscribed to this e-Newsletter. When you download any of our content, such as eGuides, or register for one of our webinars, we collect your personal and organizational information such as: name, address, email address, phone number, etc. Webinar registration information is collected through an event registration service provider who shares the information with Network for Good, but that service provider is not permitted by us to retain, share, store, or use personal information for any secondary purposes. Subscribers may choose to unsubscribe at any time and unsubscribe information is located at the bottom of each e-Newsletter or email communication. Cookies For our nonprofit customers, we use “session cookies” and “persistent cookies” in addition to our other processes for verifying personal information, so that we can provide secure access to account and donor information. Information collected by these session cookies is not linked to personal identifiers. Wordpress Cookie Policy Our Privacy Policy explains our principles when it comes to the collection, processing, and storage of your information. This policy specifically explains how we, our partners, and users of our services deploy cookies, as well as the options you have to control them. What are cookies? Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”). Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted. How we use cookies We use cookies for a number of different purposes. Some cookies are necessary for technical reasons; some enable a personalized experience for both visitors and registered users; and some allow the display of advertising from selected third party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action (clicking the “like” or “follow” button on a post, for example). Many of the cookies we use are only set if you are a registered WordPress.com user (so you don’t have to log in every time, for example), while others are set whenever you visit one of our websites, irrespective of whether you have an account. For more information on the choices you have about the cookies we use, please see the Controlling Cookies section below. Where we place cookies We set cookies in a number of different locations across our services. These include: On our websites (including automattic.com, wordpress.com, vip.wordpress.com, jetpack.com, woocommerce.com, crowdsignal.com, gravatar.com, intensedebate.com, vaultpress.com, akismet.com, simplenote.com, simperium.com, leandomainsearch.com, cloudup.com, longreads.com, and happy.tools). In the administrative dashboards of our websites, such as Calypso and wp-admin. On sites we host for our users. On sites that use our plugins (e.g. Jetpack). In the emails we send. Types of Cookie The table below explains the types of cookies we use on our websites and why we use them. Category of cookies Why we use these cookies Required These cookies are essential for our websites and services to perform basic functions and are necessary for us to operate certain features. These include those required to allow registered users to authenticate and perform account-related functions, store preferences set by users such as account name, language, and location, and ensure our services are operating properly. Analytics and Performance These cookies allow us to optimize performance by collecting information on how users interact with our websites, including which pages are visited most, as well as other analytical data. We use these details to improve how our websites function and to understand how users interact with them. Advertising These cookies are set by us and our advertising partners to provide you with relevant content and to understand that content’s effectiveness. They may be used to collect information about your online activities over time and across different websites to predict your preferences and to display more relevant advertisements to you. These cookies also allow a profile to be built about you and your interests and enable personalized ads to be shown to you based on your profile. User Sites In addition to the cookies set on our own sites, we utilize cookies for our Site Stats feature. This tallies the unique numbers of visitors to a site, as well as the number from specific geographic locations. A visitor is counted when we see a user or browser for the first time in a given period. Examples Below are examples of the cookies set by Automattic, with explanations of their purpose. Some of these cookies are set across our whole network, whereas some are specific to individual services (e.g. WordPress.com, Longreads, etc). Please note that this is not an exhaustive list, but rather aims to be representative. Information about cookies that may be set by third parties, such as our ads partners, is below. Additionally, we occasionally set referrer cookies on Jetpack connected sites, using WooCommerce. In addition, people and companies that use our services to publish or host their own sites may place additional cookies. We provide more information on these cookies below. Required Cookie Purpose __ssid For processing payment and to aid in fraud detection. __stripe_sid / __stripe_mid For processing payment and to aid in fraud detection. _longreads_prod_new Authentication for Longreads.com Member accounts. Only active when logged in, on *.longreads.com domains. akm_mobile Stores whether a user has chosen to view the mobile version of a website. botdlang Used to track the language a user has selected to view popular blogs in. country_code Used in order to determine whether or not the cookie banner should be shown. Set immediately on page load and retained for 6 hours to remember the visitor’s country. csrftoken Python/Ajax security cookie used on accounts.longreads.com. forterToken For processing payment and to aid in fraud detection. landingpage_currency Defines the currency displayed in WordPress.com landing pages. pd_dashboard Records last used folder in Crowdsignal dashboard so it can be reopened upon user’s next visit. PD_USER_AUTH Login cookie used to identify Crowdsignal user. sensitive_pixel_option Remembers the state of visitor acceptance to the cookie banner. Only set when the visitor clicks Accept. twostep_auth Set when the user is logged in using two factor authentication. wordpress_logged_in* Checks whether or not the current visitor is a logged in WordPress.com user. wordpress_test_cookie Checks if cookies are enabled to provide appropriate user experience. wp-settings-{user_id} Persists a user’s wp-admin configuration. wp_sharing_{id} Tracks whether or not a user has already performed an action. Analytics and Performance Cookie Purpose __pdvt Used in log of Crowdsignal survey data to aid in debugging customer problems. _hjIncludedInSample mp_6d7c50ad560e01715a871a117a2fbd90_mixpanel optimizelyBuckets optimizelyEndUserId __hstc hubspotutk optimizelySegments Gathers information that helps us understand how visitors interact with our websites, which allows us to create a better visitor experience. ab Used for “AB testing” of new features. nux_flow_name Identifies which user signup flow was shown to the user. tk_ni / tk_ai / tk_qs Gathers information for our own, first party analytics tool about how our services are used. A collection of internal metrics for user activity, used to improve user experience. tk_*r Referral cookies used to analyse referrer behavior for Jetpack connected sites using WooCommerce. wp-affiliate-tracker Remembers the ID of the affiliate that referred the current user to WordPress.com utma / utmb / utmc / utmt / utmz / ga / gat / gid Google Analytics. Gathers information that helps us understand how visitors interact with our websites, which allow us to create a better experience for our visitors. Our users may also implement Google Analytics on their own websites. Advertising Cookie Purpose ads Tracks if a visitor has clicked an ad before. lr_nw Counts and tracks pageviews on Longreads.com. Used to determine whether or not to show our Membership popup message. wordpress_eli Reduces the display of ads for repeat visitors. Please also see the section below on third party advertisements that you may see on our sites or sites that use our services. Advertisements from Third Parties Through Automattic’s Ads Program Our mission is to democratize publishing. So that we can offer free access to create a website using WordPress.com, we show ads on some of our users’ sites. Our users may also choose to place ads on their site through our ads program. Additionally, we also show ads from our ads program on some of our own websites (e.g. longreads.com), and in emails. We operate our ads program in partnership with third party vendors. As part of the operation of our ads program, we use cookies to collect certain information. Advertising cookies enable us and our partners to serve ads and to personalize those ads based on information like visits to our sites and other sites on the Internet. Below is a representative list of our advertising program partners, along with information on the cookies that that each partner sets. The partners we work with change from time to time, and this is not an exhaustive list. Your choices to control cookies related to our ads program are described below. Partner Cookie Info 33across https://33across.com/privacy-policy/ and https://optout.33across.com Admixer https://admixer.net/privacy ADYOULIKE https://www.adyoulike.com/privacy_policy.php Amazon https://www.amazon.co.uk/gp/help/customer/display.html/ref=footer_iba?ie=UTF8&nodeId=201909150 AppNexus https://www.appnexus.com/en/company/cookie-policy BidSwitch http://www.bidswitch.com/cookie-statement/ Criteo https://www.criteo.com/privacy/ EMX Digital https://enginemediaexchange.com/privacy/ Google (AdSense, DoubleClick Ad Exchange “AdX”) https://policies.google.com/technologies/ads Index Exchange https://www.indexexchange.com/privacy/ LKQD https://www.nexstardigital.com/privacy Media.net https://www.media.net/privacy-policy OATH https://policies.oath.com/us/en/oath/privacy/topics/cookies/index.html OpenX https://www.openx.com/legal/privacy-policy/ PowerInBox https://powerinbox.com/privacy-policy/ Pubmatic https://pubmatic.com/legal/website-cookie-policy/ Rubicon https://rubiconproject.com/privacy/consumer-online-profile-and-opt-out/ Skimlinks https://skimlinks.com/user-cookies and https://skimlinks.com/privacy-policy Sonobi https://sonobi.com/privacy-policy/ Teads https://www.teads.tv/privacy-policy/ TripleLift https://triplelift.com/privacy/ Below is a representative list of the cookies that may be set by our ads partners in connection with ads that appear in emails. Cookie Purpose pi-userid Used to personalize email-based ads. eid_ Used in email-based ads to track if a visitor has clicked an ad and report to advertisers how their ads performed. Visitors to Sites with Jetpack installed Below are examples of the cookies set for visitors to sites with the Jetpack plugin installed. For more details on the cookies set for administrators, please see https://jetpack.com/support/cookies/. Jetpack Comments Cookie Name Purpose comment_author_{HASH} Remembers the value entered into the comment form‘s name field. Specific to the site from which it is set. This cookie mirrors one set by the core WordPress software for commenting purposes. comment_author_email_{HASH} Remembers the value entered into the comment form‘s email field. Specific to the site from which it is set. This cookie mirrors one set by the core WordPress software for commenting purposes. comment_author_url_{HASH} Remembers the value entered into the comment form‘s URL field. Specific to the site from which it is set. This cookie mirrors one set by the core WordPress software for commenting purposes Mobile Theme Cookie Name Purpose akm_mobile Remembers whether or not a user wishes to view the mobile version of a site. Subscriptions Cookie Name Purpose jetpack_comments_subscribe_{HASH} Remembers the state of the post and comment subscription checkboxes. jetpack_blog_subscribe_{HASH} Remembers the state of the post and comment subscription checkboxes. EU Cookie Law Banner Cookie Name Purpose eucookielaw Remembers the state of visitor acceptance to the EU Cookie Law banner. Please note that this section is not intended to be exhaustive, but rather aims to be representative, and that our users may set additional cookies (such as Google Analytics), depending on the features they have chosen to enable or the plugins they have installed. Controlling Cookies Visitors may wish to restrict the use of cookies or completely prevent them from being set. Most browsers provide for ways to control cookie behavior such as the length of time they are stored – either through built-in functionality or by utilizing third party plugins. If you disable cookies, please be aware that some of the features of our service may not function correctly. To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on your choices regarding use of your web browsing activity for interest-based advertising you may visit the following sites: networkadvertising.org optout.aboutads.info youradchoices.com youronlinechoices.eu On a mobile device, you may also be to adjust your settings to limit tracking. Some analytics services we use, which place their own cookies or web tags on your browser, offer their own opt out choices. For example, you can opt out of Google Analytics by installing Google’s opt-out browser add-on, from Hotjar by using the Do Not Track header, and from Nielsen by clicking the opt out link found within Nielsen’s Privacy Statement. Our Internal Analytics Tool In order to better understand how our services are used, we monitor certain user activities that take place within our products, including page views and clicks on any links used when managing a site via our dashboards. We call each one of these actions an “event.” Analytics events are attached to your WordPress.com account and are handled via a first party system that Automattic owns and maintains. In general, we record the following data for each event: IP address, WordPress.com user ID and username, WordPress.com-connected site ID (for sites not hosted on WordPress.com), user agent, referring URL, timestamp of event, browser language, and country code. We use this information to improve our products, make our marketing to you more relevant, personalize your experience, and for the other purposes described in our Privacy Policy. You may opt out of our analytics program through your user settings. By doing so, you won’t share information with our analytics tool about events or actions that happen after the opt-out, while logged in to your WordPress.com account. Note that opting out does not disable the functionality of the actions we track – for example, if you publish a post, we will still have record of that (don’t worry!), but for an event or action after you opt out, we will not have other data associated with that action or event in the analytics tool. For our Simplenote Users: We use our first party analytics tool in Simplenote to help us better understand how Simplenote is used and improve the app for our users. You may opt-out through your privacy settings in the app. By doing so, you won’t share information with our analytics tool about events or actions that happen after the opt-out. One more thing–For Simplenote users who log onto Simplenote using their WordPress.com login, if you’d like to opt-out of our analytics tool on Simplenote, you’ll also need to opt out on the Simplenote app–not on your WP.COM Account Privacy Settings. Consent for Advertising Cookies on Our Sites You may see a “cookie banner” on our websites and dashboards. If you are visiting one of our sites from the EU, then we do not set, or allow our ad partners to set, cookies that are used to show you targeted ads before you click to accept. When you consent in this manner, we and our advertising partners may set advertising cookies on the site you are visiting and on our other websites, dashboards, and services, which we use to show you advertisements about our various Automattic products. We’ll display the banner to you periodically, just in case you change your mind. Consent and Choices for Advertisements on Our Users’ Sites Through Our Ads Program You may see a “cookie banner” on our users’ websites, particularly if you are in the European Union. If so, then our ad program does not set, or allow our ad partners to set, cookies that are used to show you targeted ads before you accept. When you consent in this manner, we and our advertising partners may set third party advertising cookies in order to show you personalized ads on the website you are visiting and, if you are visiting a site in the WordPress.com network, on all websites within that network of sites. You’ll know that a site is in the WordPress.com network because it will have a WordPress.com subdomain (e.g., example.wordpress.com). For other sites that participate in our ads program, your consent is only for personalized ads on the specific site you are visiting. For visitors to sites in the WordPress.com network: You can manage your privacy choices for third party advertising cookies for sites in the WordPress.com network by clicking “Learn More” on the banner, which will bring up our consent management platform (CMP). You can also adjust your settings for sites in the WordPress.com network at any time by clicking on the “Privacy” link displayed beneath every ad. In March 2021 we began rolling out a new CMP to some of our users as part of our transition to the Interactive Advertising Bureau (IAB) Europe’s Transparency and Consent Framework, which we will participate in as both a CMP provider and as a vendor (framework identification number 496). Our new CMP complies with the the framework’s Specifications and Policies, and honors the choices you make using the IAB’s tools. Within the CMP we list as partners all the vendors that participate in the IAB’s Framework. We don’t work with all of these vendors, but our ad partners listed above might, so we want you to give you the choice to deactivate them. (This is also why the list in our CMP is longer than you’d expect!). Other Choices: We also set a cookie to help us understand how visitors engage with websites that participate in our ad program. Visitors may opt out of our use of this information by visiting this link (the opt-out will be processed immediately with no confirmation step). When you opt out, we replace the unique value for that cookie with an opt-out value. The opt-out works across all websites in our ads program. If you have opted out by accident or wish to opt back in, you may do so by visiting this link. Please note that this option is browser-specific, so if you use a different device or browser or clear your cookies, then you will need to repeat the process. Contact Us If you have any questions about our use of cookies, you can find the most relevant contact details in our Privacy Policy. Woolworths Online and Everyday Market from Woolworths Terms and Conditions If you're shopping online on behalf of a business, please see our Woolworths Online and Everyday Market from Woolworths Terms and Conditions for Business. To shop for your business you have to agree to Woolworths Online and Everyday Market from Woolworths Terms and Conditions for Business by creating a dedicated business account. Customers cannot use their personal profile for business orders. These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below. We may stop making our Site available without prior notice. However, if we do, any Orders made won’t be affected unless the relevant products are no longer available or we or one of our partners are prevented from supplying those products. (see clause 1.6(d) for more details). Woolworths and our Everyday Market Partners may cancel your Order for certain reasons and may reject your Order for any reason. If Woolworths or an Everyday Market Partner rejects your Order, they will endeavour to provide you with notice of that rejection. (see clauses 3.1 and 4.2 for more details). Woolworths is not liable for (i) any loss or damage caused to your property or suffered by you in connection with a delivery; or (ii) any external websites accessible on our site. (see clauses 1.7, 3.4(e) and 4.5(e) for more details). Without limiting your consumer law rights, Woolworths: (i) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (ii) is not responsible for the agreement between you and any Everyday Market Partner, including for the supply and delivery of Everyday Market products; (iii) our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage; and (iv) our liability to you arising under or in connection with our Delivery Now Service will be limited to the Delivery Now Fee paid by you. (see clauses 3.5(c), 4 and 5.1 for more details). Woolworths will not be liable for any damage to products delivered by Woolworths from the date and time of delivery, including where such products have been delivered to your nominated courier or transport provider for Remote Delivery Orders. If your Order is a Pick Up Service, Woolworths will not be liable for any damage to products from the date and time you collect those items from either a Woolworths store or one of our Direct to boot locations (see clauses 3.9(g) and 3.10 for more details). If you cancel your Order on the day of delivery or collection, you may have to pay a cancellation fee of no more than $20. (see clause 3.11(c)(ii)B for more details). Woolworths may change these terms and conditions at any time. However, the terms and conditions current as at the time Woolworths accepts your Order will apply. (see clause 5.3 for more details). 1. Site conditions of Use 1.1 Introduction Thank you for shopping with us. Please read these terms and conditions before accessing or using the website at www.woolworths.com.au, www.woolworthsonline.com.au, www2.woolworthsonline.com.au, previously known as homeshop.com.au, or the Woolworths mobile application (each, a Site ). The Site includes: Woolworths Online where you may purchase Grocery Products sold by Woolworths; and Everyday Market where you may purchase Everyday Market Products sold by our Everyday Market Partners. The Site is operated by: Woolworths Group Limited (ABN 88 000 014 675) to the extent the Site is in respect of Woolworths Online; and Woolworths Marketplace Pty Limited (ABN 63 000 039 252) to the extent that the Site is in respect of the Everyday Market (Woolworths , us or we ). Woolworths Group Limited and Woolworths Marketplace Pty Limited are collectively or individually referred to as Woolworths , us or we in these terms and conditions as the context provides. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site. 1.2 Your agreement to the terms and conditions By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions. by completing your registration through the Site; and using the Site to order and purchase Products. 1.3 Registration and use of your account You must complete the customer registration process through the Site before placing an Order for Products through the Site. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may not have more than two accounts per delivery address. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities. 1.4 Your obligations You: must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner; must notify us through our Customer Service Centre on 1800 000 610 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account; must promptly advise us of any changes to your information provided to us as part of the customer registration process; must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you; are responsible for any costs associated with your access to or use of the Site, including Internet access fees; are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site; agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and should check the labels on the Products before consumption or use. You must not: use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes; use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site; make fraudulent or speculative enquiries, purchases or requests through the Site; use another person’s details without their permission or impersonate another person when using the Site; post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings; tamper with or hinder the operation of the Site; knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site; use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site; modify, adapt, translate or reverse engineer any portion of the Site; remove any copyright, trade mark or other proprietary rights notices contained in or on the Site; reformat or frame any portion of the web pages that are part of the Site; create accounts by automated means or under false or fraudulent pretences; use the Site to violate the security of any computer or other network or engage in illegal conduct; take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; use the Site other than in accordance with these terms and conditions; or attempt any of the above acts or engage or permit another person to do any of the above acts. 1.5 Warranties You warrant that: all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date; the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us. Suspension of account We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. Woolworths also reserves the right to otherwise cancel Orders in accordance with clauses 3.11 and 4.7. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and: the breach cannot be remedied; you fail to the remedy the breach within 10 days of our notice to you of that breach; or if there is an emergency. You may stop using the Site at any time and for any reason. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have, or an Everyday Market Partner has, accepted will not be affected by this unless the Products that have been ordered are no longer available or we are, or an Everyday Market Partner is, prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products. If we lock, suspend or delete your account under this clause 1.6, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks. 1.7 Links on the Site The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that: we make no representations or warranties, or have any responsibility or liability for those websites; and these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. You agree that you access and use the products and services made available at those sites solely at your own risk. 1.8 Accuracy of information on the Site Woolworths attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free. 2. Ordering and purchasing Products generally 2.1 Ordering Products You may order Products (including Everyday Market Products) by selecting and submitting your Order through the Site in accordance with these terms and conditions. Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order. We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so by the Site. The following minimum amounts apply to Orders placed through the Site: $30.00 each Pick Up Grocery Order excluding Bag Fee; $50.00 for each Delivery Grocery Order, excluding the Delivery Fee, Bag Fee and any Crate Service Fee; and to order any Everyday Market Products, your Order must also contain a minimum of $50.00 of Grocery Products (including GST but excluding any Delivery Fee, Bag Fee and any Crate Service Fee). These amounts are subject to change by us from time to time, and will be communicated to you through the Site and/or in these Terms and Conditions. 2.2 Ordering Restricted Products - Sharp objects and tobacco products If you are under 18 years of age, you may not use the Site to place an order for sharp objects such as knives, blades, saws or any related sharp objects. You: acknowledge that it is against the law to sell or supply tobacco products to, or obtain tobacco products on behalf of, a person under the age of 18 years; and warrant that you are not obtaining tobacco (including tobacco Products) on behalf of a person under the age of 18 years. 2.3 Fees and charges You agree to pay, the following fees and charges in relation to an Order that you place through the Site which is accepted (as applicable): the purchase price of each Product that is ordered; the fee for the reusable plastic bags for your Grocery Order if you use our Pick Up Service or if you select for your delivery order to be delivered in reusable plastic bags (Bag Fee ); the fee for providing our “crate to bench” service if you select for your Grocery Order to be delivered in a crate and unpacked by your delivery driver at your front door (Crate Service Fee ); the delivery or service fee provided to you at the time you selected the relevant delivery or collection window when placing your Grocery Order or the delivery or service fee shown on the site and displayed when you place your Grocery Order using our Delivery Now service (Delivery Fee ); if your Order includes an Everyday Market Order, the shipping fee provided to you at the time you place your Everyday Market Order (Everyday Market Shipping Fee ); the cancellation fee for a Grocery Order that is cancelled as set out in these terms and conditions; and any other fees and charges set out in these terms and conditions. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. The purchase price of each Product is shown on the product list on the Site at the time you place your Order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our supermarkets or in other sales channels for the same Product. The fees for reusable plastic bags and “crate to bench” service are shown at the top of your cart at the time you check out. These fees are flat fees for providing the bags and service and may be subject to change upon notice. If you require further information in relation to the Bag Fee or Crate Service Fee, please contact our Customer Hub on 1800 000 610 . You acknowledge that: we, and our Everyday Market Partners, are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our supermarket or in other sales channels, or vice versa; and all pricing displayed on the Site may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne). Just like in our supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once your Order has been accepted, no changes will be made to the prices that apply to the Products in that Order. If a Product that you have ordered is not available and we have not provided you with a substitute (product substitution only applies if the Product is a Grocery Product) or the Product is a weight ranged product and is supplied below the maximum weight then: where we only pre-authorised payment for your Order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we pick your Order; or where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Products (excluding Delivery Fees, Everyday Market Shipping Fees, Bag Fees and Crate Service Fees) that were not supplied to you. Where your Order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for by debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used. 2.4 Payment methods You must pay the fees and charges online using the online payment methods in clause 2.4(b). We accept the following credit cards: Woolworths Everyday Platinum Credit Card; Woolworths Qantas Platinum Credit Card; Visa and Visa Debit; MasterCard and MasterCard Debit; American Express; Diners Club; WISH GIFT Card; and PayPal. If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of the dishonour and cancel your Order. You authorise Woolworths to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means. 2.5 Invoices If you purchase Grocery Products and Everyday Market Products in the same Order, the total amount of the Order will be processed in one payment transaction. However, you will be provided with separate invoices for Grocery Products and Everyday Market Products. We will provide you with a receipt for the Grocery Products in your Order at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock items. Where we have charged you for the Grocery Products in your Order at the time your Order was confirmed, the receipt will also include the dollar value refunded to your card of purchase for any out of stock items or weight ranged items supplied below the maximum weight. For Everyday Market Orders, the relevant Everyday Market Partner will provide you with an invoice. Invoices are downloadable from the 'My Invoices' section of your Woolworths account. 2.6 Fraud and risk assessment We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from Woolworths, please contact our Customer Service Centre on 1800 000 610 during Contact Hours or email shoponline@woolworths.com.au . 3. Grocery Products 3.1 Acceptance or rejection of a Grocery Order We reserve the right to accept or reject your Grocery Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Grocery Order. Each Order placed for a Grocery Product through the Site that we accept results in a separate binding agreement between you and us for the supply of that Product. For each Grocery Order accepted by us, we will supply each Product in that Order to you in accordance with these terms and conditions. If we reject a Grocery Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order. 3.2 The sale of Restricted Products - Liquor products For Grocery Orders containing liquor, we act as an agent on behalf of Endeavour Group Limited (ABN 77 159 767 843) (Endeavour ). If accepted, the sale of liquor pursuant to the agreement to sell from this website is made at the Endeavour licensed premises, as set out in the Liquor Licensing Acts page . Your contract of sale is with the relevant licensee at the relevant premises from which your order is accepted and fulfilled. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises. Woolworths and Endeavour both support the responsible service of alcohol. It is an offence to supply alcohol to a person under 18 years of age. It is Endeavour’s policy to check ID upon delivery of anyone who appears under 25. You: acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years; and warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years. 3.3 Product purchase limits Unless otherwise indicated on the Site, you may only purchase up to 36 items of a particular Grocery Product in each Grocery Order (there may be lower limits for particular Grocery Products or particular States or Territories as determined by us, and notified to you, from time to time). We will inform you of these limits on the Site when you place the Grocery Order or within a reasonable time after you submit your Grocery Order). You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Grocery Order or within a reasonable time after you submit that Order. If you wish to place a Grocery Order that differs from our ordering requirements, then you will need to contact our Customer Service Centre on 1800 000 610 during Contact Hours. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order. If we reasonably believe you are placing multiple Orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you. 3.4 Delivery of Grocery Products We will only deliver Grocery Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your Grocery Order and these are described at the point of checkout. If you select to have your Grocery Order delivered, you may select whether to have that Order delivered: in plastic bags, which are designed to be reused and may be recycled in store or with your delivery driver at the time of your next delivery order (noting that Woolworths may suspend this bag return service at any time and at its discretion); or in paper bags, which may be recycled in your curbside recycling program; or through our “crate to bench” service, where your order will be delivered to you in a crate and unpacked by your driver at the Delivery Address. If you select the “crate to bench” service you will not be able to select the “leave unattended” option at the checkout as we cannot leave the crate unattended. The option of a “Crate to Bench” service may be suspended or terminated by Woolworths at any time and at its discretion. You may obtain further information on the Site about our delivery timeframes and how we deliver your Grocery Products. At the time you select your Grocery Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver those Products within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Woolworths will not provide any refund or discount on your Grocery Order or Delivery Fee for late deliveries. If you select the “leave unattended” option for your Grocery Order, we will endeavour to contact you at the Delivery Address or on your nominated telephone number once we arrive at the Delivery Address. If we cannot contact you, we will leave your order unattended at your nominated spot at the Delivery Address or such other spot which we determine is suitable for delivery at the time. We may deliver your Grocery Order using a “contactless delivery service” and will deliver the Grocery Products to the front door at the relevant Delivery Address, take a photo of the Grocery Products to confirm delivery and knock on your door or otherwise attempt to notify you of your delivery. You must be present at the Delivery Address to accept a “contactless delivery” however you will not be required to provide a signature upon delivery. You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of Grocery Products to the Delivery Address. We ship small items (eg. gift cards) in your Grocery Order via standard Australia Post letter delivery. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Grocery Order through the Site. If your Grocery Order contains a Restricted Product, then you must be present to accept the delivery of that Grocery Order and, at our request, provide us with photographic identification. We will require the person accepting the delivery of your Grocery Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Grocery Order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks. If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Grocery Order, or you select the “crate to bench” service and are not present at the time of delivery, or otherwise required to be present at the time of delivery and you are not present at that time, or if we cannot access the Delivery Address, or if we cannot access your nominated spot or determine a suitable spot to deliver your Grocery Order (for unattended deliveries), then: we will not deliver the Grocery Products you have ordered; and we may charge you a fee of up to $25 and the charges for any perishable Products in your Grocery Order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery. You: acknowledge and agree that any person at the Delivery Address who receives the Grocery Order is authorised by you to receive your Grocery Order and, where relevant, make payment for that Grocery Order; will ensure that the person receiving any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law; and will ensure that Restricted Products are not delivered to unattended locations. You acknowledge that we may record the details of any identification provided in relation to delivery of Grocery Products. 3.5 Delivery Now Grocery Orders If you wish to order Grocery Products using our Delivery Now service, you agree to comply with the following additional conditions: Delivery Now is only available to selected delivery areas as shown on the Site for Grocery Products. You can order and we can deliver a maximum of 40 Grocery Products (excluding Bulk Orders and selected items) or such other maximum number of Grocery Products as notified on the Site from time to time through our Delivery Now service. The range of Grocery Products that you can order and we can deliver using our Delivery Now Service will also be notified on the Site from time to time. Delivery Saver passes cannot be used for Delivery Now Orders. Subject to clauses 1.6(d) and 1.6(e), our total liability to you in respect of all other losses arising under or in connection with the Delivery Now Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Delivery Now Fee paid by you in respect of your Order. 3.6 Woolworths Online Delivery Saver Delivery Saver covers the delivery fees for Orders of $100 or more for Grocery Products . Minimum spend is after all discounts and coupons have been applied and smoking and tobacco purchases, and any online charitable donations, are excluded from the qualifying amount. Standard delivery fees apply for Grocery Orders under minimum order value. Delivery Saver is valid for orders placed from the date a pass is purchased. The following are the types of Delivery Savers available: the standard Delivery Saver is valid for orders Monday through Sunday; and the Midweek Delivery Saver is valid for orders Tuesday through Thursday. A Delivery Saver will expire at the end of the validity period (1, 3, 6 or 12 months) at 11.59pm eastern time on the same date of the month the pass was purchased. A Delivery Saver is for the sole use of the account holder and cannot be transferred or used for orders for another customer. Woolworths Online reserves the right to monitor usage of a Delivery Saver and to terminate a Delivery Saver if it believes a pass is being used in a way that breaches the terms and conditions of the Delivery Saver or the Woolworths Online Terms and Conditions. Delivery Saver is not applicable for Remote Delivery Orders and remote delivery fees shall apply for Remote Delivery Orders. 3.7 Woolworths Pick Up Service During the ordering process, you can select a store from which you will collect your Grocery Order (Pick Up Service ). An estimated collection date will be displayed at the time your order is placed. Our Pick Up Service is only available from selected stores as shown on the Site. If you select to use our Pick Up Service, you must select whether your Grocery Order is to be made available at the store: in bags, which may be recycled in the bins provided in store or with your delivery driver at the time of your next delivery order; or where available for your selected store, through our free “BYO bags” service. The “BYO bags” service is only available for selected stores. If you select the “BYO bags” service, your Grocery Order will be made available at your selected store in a trolley. In order to collect that Order, you agree to bring your own bags and re-pack your Grocery Order from the trolley into your bags at the store. For food safety reasons, you may find that some of the Products in that Grocery Order have been made available for collection in produce bags or reusable bags. You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick Up Service Order through the Site: you must collect your order from the store selected by you when you place your order; while our staff will be available to assist where possible, if you select to have your Grocery Order made available through our “BYO bags” service, you are responsible for unpacking your Grocery Order from the trolley provided into your own bags; if you are collecting your Grocery Order from a store: photographic identification and a signature must be provided when you collect your Grocery Order; and the card used for payment is required to be shown when you collect your Grocery Order. if you are collecting your Grocery Order from a locker: you will be provided with a collection code to retrieve your order from the locker; and you will be under video surveillance when collecting your Grocery Order from the locker. If you will not be the person collecting your Grocery Order then your representative must provide us with proof of their identity (including photographic identification), the card used for payment or the order number, and, where relevant, their age. If you do not supply the appropriate identification or the relevant card of purchase: we will not allow collection of your Grocery Order; and we may charge you a fee of up to $25 and the charges for any perishable Products in your Grocery Order that we have accepted. If you do not collect your Grocery Order within the booked collection window then we may charge you a fee of up to $25 and the charges for any perishable Products in your Grocery Order that we have accepted. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional fee for that replacement Grocery Order. You agree to ensure that the person collecting any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection of a Grocery Order of: alcohol or liquor Products to a person who is intoxicated or not of the appropriate legal age; and tobacco Products (including cigarettes) or other Restricted Product to a person that is not of the appropriate legal age. You acknowledge that we may record the details of any identification provided in relation to collection of Grocery Products. If you select to use our Pick Up Service, the licensee at the relevant premises from which your order is accepted and fulfilled will deliver your Grocery Products to be available with your order at the nominated store. You acknowledge that we may record video surveillance of you or your representative picking up your Grocery Order from a locker. If you select to use our Pick Up Service, the licensee at the relevant premises from which your order is accepted and fulfilled will deliver your products to be available with your Grocery Order at the nominated store. If you experience any issues with picking up your Grocery Order from a locker, please see our staff in the store that the locker is nearby. 3.8 Bulk Grocery Orders If we classify a Grocery Order as a Bulk Order, your Grocery Order may attract a handling charge depending on the size of your Order. Examples of orders that we classify as “Bulk Orders” are as follows: an Order for Grocery Products over normal retail quantities; Orders that total over 250kg will be subject to a bulk delivery fee, as they require special handling and transport allocation; and multiple Orders placed during any 7 day period that combined volume meets or exceeds the bulk order criteria. If your Grocery Order is a Bulk Order, we will contact you as soon as possible after the placement of your Order to advise you of the exact handling charge payable in respect of your Order. If you are unsure whether your Grocery Order is a Bulk Order and would like to find out the exact handling charge payable in respect of your Order before you place your Order, please contact our Customer Service Centre on 1800 000 610 during Contact Hours or email shoponline@woolworths.com.au. We value your Grocery Orders. To enable us to service you better, we request that you contact our Customer Service Centre on 1800 000 610 during Contact Hours, at least 7 days prior to the placement of any Bulk Orders to allow us to ensure that the appropriate stock is ordered and available for your requirements. Subject to clauses 3.8(a) to 3.8(d), King Island Grocery Orders will incur a flat Delivery fee of $15 and are subject to available delivery windows and areas on King Island. 3.9 Remote Delivery Grocery Orders If you select to have your Grocery Order delivered to an address in any of the following postcodes your order will be classified as a remote delivery order: 2624 2625 2836 2880 6642 6701 6728 6536 6532 6537 6630 880 822 852 854 885 Any other postcode as we determine from time to time, (each a Remote Delivery Order ). If your Grocery Order is a Remote Delivery Order we will not be able to deliver your Order to your selected address and you will need to nominate a courier or other transport provider to deliver your order to your location. We may provide details of couriers or transport providers previously nominated by customers in your location when you select your address online. However, it is your responsibility, in accordance with clause 3.9(h), to ensure that the courier or transport provider you select is appropriate for your Remote Delivery Order. If you do not wish to use the suggested provider, or no suggestion is made, you will need to call us on 1800 000 610 to nominate your preferred provider. When you place a Remote Delivery Order, you are responsible for contacting the nominated provider directly and as soon as possible to book your delivery and confirm the costs you will need to pay the provider directly for the service. If you fail to book a provider, your Grocery Order will be either delivered to the provider's address and Woolworths will not be responsible for the Grocery Order once delivered, or returned to our store and additional delivery charges may apply for any re-delivery of your Grocery Order. We will contact you in either of these circumstances. Any courier or transport provider nominated by the customer to deliver a Remote Delivery Order is engaged solely by you at your own cost and risk and are not to be taken to be contractors or agents of Woolworths. Once your Remote Delivery Order has been delivered to the premises of your nominated courier or transport provider Woolworths are no longer liable for any loss or damage to your Grocery Order and you become fully responsible for your Grocery Order. Woolworths will ensure that your Grocery Order is delivered to the premises of your nominated courier or transport provider in a manner that minimises any food safety risk including, for example, by freezing certain perishable items. We recommend that you ensure that your nominated provider provides adequate transportation facilities with appropriate storage temperatures to safely deliver your specific Grocery Order to your location. Woolworths will not provide, or be responsible for providing any refrigeration or other transport facilities or packaging required to transport your specific Grocery Order to your location. 3.10 Risk and title Where Grocery Products are delivered by us: risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address); for Grocery Orders with Pick Up Service, risk in the Products passes to you on the date and time of collection from a Woolworths store or Direct to boot Location; and title to the Products passes to you on the later of the date and time of: payment for those Products; delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and for Grocery Orders with Pick Up Service only, collection of those Products from a Woolworths store or Drive Thru Location. 3.11 Cancellation of Grocery Orders We may cancel any Grocery Order or part of a Grocery Order (including any Grocery Orders that have been accepted) without any liability to you for that cancellation at any time if: the requested Products in that Grocery Order are not available; or there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or that Grocery Order has been placed in breach of these terms and conditions. If a Grocery Order is cancelled in accordance with: clause 3.11(a)(i) or 3.11(a)(ii) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Grocery Order. If any payment has been taken for the cancelled Grocery Order, then the full payment amount, including any Delivery Fee, Bag Fee, Crate Service Fee or other fees and charges, will be refunded to your original payment method or through an alternative means. if your Grocery Order is cancelled under clause 3.11(a)(iii), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Grocery Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Grocery Order at the checkout then we will refund the full amount paid, including any Delivery Fee, Bag Fee, Crate Service Fee, and other fees and charges, to your original payment method or through an alternative means. If your Grocery Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means. Except for Delivery Now Orders, you may cancel a Grocery Order (whether it is accepted by us or not): through the Site up to 30 mins before the delivery or collection window closes (as specified on the Site). If so, no fees or charges will apply to that cancellation; or in all other circumstances, by contacting our Customer Service Centre on 1800 000 610 during Contact Hours. In this instance, if you cancel an Order that has been accepted by us: before the day of delivery or collection, then no fees or charges will apply to that cancellation; and on the day of delivery or collection, then we may charge you a cancellation fee of the lesser of $20.00 or the costs to Woolworths arising from the cancellation plus the charges for any perishable Products that were ordered. Due to the fast nature of Delivery Now Orders, you cannot cancel a Delivery Now Order (whether it is accepted by us or not) at any time after placing the order and we will not be able to refund any payment. Subject to clauses 3.11(a) - 3.11(d), if you cancel a Grocery Order, depending on the payment method used, we will either not charge you for that Grocery Order, or if we have taken payment at checkout, refund the full payment amount paid, including any Delivery Fee, Bag Fee, Crate Service Fee, and other fees and charges other than any fee payable under clause 3.11(c)(ii)B, to your original payment method or through an alternative means. If you cancel a Grocery Order, any Everyday Market Orders made in the same Order will not be affected by the cancellation. 3.12 Amending your Grocery Order You can amend your Grocery Order at any time prior to: 5.30pm the day prior for a Grocery Order due for delivery in the morning on the next day; and 10.30pm the day prior for a Grocery Order due for delivery in the afternoon or evening on the next day. If you amend an existing Grocery Order, then: your original Grocery Order and reserved delivery window will be cancelled and items will be placed into your trolley for amending and resubmitting through the checkout; you will need to select a new delivery pick up date and time in respect of your amended Grocery Order; all prices for Products in your amended Grocery Order will update to the current website prices at the time you submit your amended Grocery Order and previous pricing in your original Grocery Order will not apply; any offers or coupons applied or used when you placed your original Grocery Order will not be applied to your amended Grocery Order and cannot be used for future Orders; any Everyday Market Orders made in the same Order will not be affected; subject to below clause 3.12(b)(ix), if we only pre-authorised payment for your original Grocery Order at checkout and the amount payable for your amended Grocery Order is more than the amount pre-authorised, your original pre-authorisation will remain and we will either charge you the additional amount or separately pre-authorise the additional amount owing at the time of your amended Grocery Order depending on the payment method used for the amended Grocery Order; if you were charged for your Grocery Order at the checkout and the amount payable in respect of your amended Grocery Order is less that the amount you have paid in respect of your original Grocery Order, we will refund the difference back to your original payment method or alternative means within 3-5 Business days of the amended Grocery Order being placed; if you were charged for your Grocery Order at the checkout and the amount payable in respect of your amended Grocery Order is more than the amount paid in respect of your original Grocery Order, we will either pre-authorise payment or charge you the additional amount at the time you amend your Grocery Order, depending on the payment method used; and if you amend your Grocery Order so that delivery is scheduled to occur 7 days after the date of your original Order and we only pre-authorised payment for your original Grocery Order, we may ask to take payment for your amended Grocery Order at the time you confirm your amended Grocery Order and will provide you with a refund for any out of stock items or weight ranged products supplied below the maximum weight once we pick your amended Grocery Order. 3.13 Substitution of Grocery Products You acknowledge that a Grocery Product that you order may be out of stock or temporarily unavailable. If this happens, then we may not be able to provide you with that Product. If we are unable to provide you with a Product, for Grocery Orders, we will endeavour to automatically provide you with a substitute Grocery Product: when the Grocery Product you have selected is not available; or if we are not able to supply to you the Grocery Product that you have selected. We aim to select substitute Grocery Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Grocery Product even if a suitable substitute Grocery Product is available. We may not provide a substitute option for some Grocery Products (e.g. tobacco, cigarettes and baby formula). For Grocery Orders, we will endeavour to provide you with a substitute Grocery Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Grocery Product you ordered rather than the price of the substitute Grocery Product. Where a Grocery Product that you have selected is substituted with another Grocery Product, we cannot ensure that that substitute Grocery Product caters to your specific dietary requirements, including allergies. Please read the labels of each Grocery Product (and any substitute Grocery Product provided to you) for dietary and allergy information. 3.14 Unavailable or missing items For Grocery Orders paid for using some payment methods (including debit and credit cards) we may pre-authorise the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. For other payment methods we may not be able to do this, and may charge you the full amount at the checkout and refund you for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. If you select a delivery time that is 7 days or more from the date you checkout, we will charge you for your Order at the checkout irrespective of the payment method used. If there are any Grocery Products missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Grocery Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Grocery Products that were not supplied. In all other circumstances, you may contact our Customer Service Centre on 1800 000 610 during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, we will provide you with a credit to your relevant card account within 3-5 business days for the Grocery Products that were charged but not delivered to you. 3.15 Returns The Woolworths Supermarkets Returns Policy applies to all purchases of Grocery Products using the Site and forms part of these terms and conditions. If you wish to return Grocery Product in accordance with our Woolworths Supermarkets Returns Policy, then you may: return the Grocery Product to one of our supermarkets; or contact our Customer Service Centre on 1800 000 610 during Contact Hours to make arrangements to return that Product. In this instance, you may return the Product to us at the time we deliver your next Grocery Order. Upon confirmation from the driver that the goods have been received we will refund your card of purchase with the funds being available within 3-5 business days. The Woolworths Supermarkets Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 5.1. 3.16 Fresh or Free Guarantee In addition to your other rights and remedies at law and our standard refund/exchange policy, Woolworths also offers you a “Fresh or free guarantee” on fresh food items in Grocery Orders. If you are not satisfied with one of your fresh food items in a Grocery Order, notify Customer Service Centre on 1800 000 610 during Contact Hours or email shoponline@woolworths.com.au . You will receive a refund on those Grocery Products back to your credit card and a coupon code to the same value for use on your next Woolworths Online order. Alternatively, you can take the Grocery Products back to a Woolworths store with your online invoice and the store will refund the item and replace it for you. Woolworths will not refund any Delivery Fees, Bag Fees or Crate Service Fees (if applicable). The above Fresh or Free guarantee applies to fresh food items in a Grocery Order purchased right across the store and online. 4. Everyday Market Products 4.1 Ordering Everyday Market Products Everyday Market Products are sold by Everyday Market Partners who we allow to list and sell their products on the Site. The relevant Everyday Market Partner's details are displayed to you on the Site before purchase of an Everyday Market Product. Each Everyday Market Order that is accepted by an Everyday Market Partner, results in a separate binding agreement between you and the Everyday Market Partner for the supply of that Everyday Market Product. We are not a party to that agreement nor do we assume any responsibility arising out of or in connection with it. The Everyday Market Partner, not us, is responsible for: the quality and pricing of Everyday Market Products; the sale of each of their Everyday Market Products; the delivery of each of their Everyday Market Products, which includes selecting and arranging a delivery service provider; the Site information displayed on the relevant product detail page; and for providing remedies to you in respect of any claims and any other issue arising out of or in connection with the agreement between you and the Everyday Market Partner. You acknowledge that there is no requirement on us or Everyday Market Partners to match any prices for any Everyday Market Products available through other sales channels. 4.2 Acceptance or rejection of an Everyday Market Order An Everyday Market Partner may accept or reject your Everyday Market Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Everyday Market Order. If an Everyday Market Order placed through the Site is rejected, then we will endeavour to notify you within a reasonable time after you submit that Order. 4.3 General Conditions of Delivery Everyday Market Products will only be delivered to a location where the relevant Everyday Market Partner provides delivery services. It is the responsibility of the relevant Everyday Market Partner, not us, to deliver Everyday Market Orders to you. You cannot pick up your Everyday Market Order in store from us or from an Everyday Market Partner's store. Your Everyday Market Order will be shipped and packaged separately from your Groceries Order. You may receive multiple deliveries for your Everyday Market Order. As Everyday Market Orders are shipped by the relevant Everyday Market Partner, you may not include specific delivery instructions such as leaving your Order unattended upon delivery, contactless delivery, or other special delivery options usually available for Grocery Orders (such as delivery in plastic or paper bags, or our "crate to bench" service). 4.4 Delivery Cost and Timeframes Estimated timeframes for dispatch of Everyday Market Products after an Everyday Market Order has been placed are available on the relevant product detail page. These timeframes are an estimate only, may not reflect actual time for dispatch and may vary during periods of high sales volumes. You will receive a link to track your delivery after you place an Everyday Market Order and it has been dispatched by the relevant Everyday Market Partner. You will not receive a refund or discount from us or an Everyday Market Partner if your Everyday Market Order delivery is delayed. You will be charged the Everyday Market Shipping Fee which is a flat rate of $10 for each Everyday Market Order placed through the Site, even if your Everyday Market Order includes Products from multiple Everyday Market Partners. Additional shipping charges and conditions may apply, which will be notified to you by us or the Everyday Market Partner, if your Everyday Market Order: contains bulky or heavy items; requires special handing; or requires any other non-standard delivery arrangements. 4.5 Receiving your Delivery You agree to comply with any delivery requirements notified to you when you place your Everyday Market Order through the Site. If your Everyday Market Order contains a Restricted Product, you may be required by the Everyday Market Partner to be present to accept the delivery of that Everyday Market Order and, at the delivery service provider's request, provide photographic identification. You: acknowledge and agree that any person at the Delivery Address who receives the Everyday Market Order is authorised by you to receive your Everyday Market Order and, where relevant, make payment for that Everyday Market Order; will ensure that the person receiving any Restricted Products is over the age of 18 years or such other minimum age as prescribed by law; and will ensure that Restricted Products are not delivered to unattended locations. An Everyday Market Partner may not deliver the Everyday Market Products in your Order, and you may be charged an additional Shipping Fee for any replacement delivery, if any of the following apply: there is no one or no appropriate person (for example, above 18 years old for Restricted Products) present at the Delivery Address to receive an Everyday Market Order who is required to be present; the delivery service provider cannot access the Delivery Address; or the delivery service provider cannot access your nominated delivery spot or determine a suitable spot to deliver your Everyday Market Order. We are not responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of Everyday Market Products to the Delivery Address. 4.6 Risk and title We do not assume risk nor title in any Everyday Market Products. Risk in an Everyday Market Product passes from the Everyday Market Partner to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address). Title to an Everyday Market Product passes from the Everyday Market Partner to you on the later of the date and time of: payment for those Everyday Market Products; and delivery of those Everyday Market Products to the Delivery Address (including unattended deliveries at the Delivery Address). 4.7 Amendment and Cancellation of Everyday Market Orders You cannot amend or cancel your Everyday Market Order after your Everyday Market Order has been placed through the Site. Your Everyday Market Order may be cancelled by us or an Everyday Market Partner in whole or part (including any Orders that have been accepted) without any liability to you for that cancellation at any time if: a requested Everyday Market Product in that Order is not available; or there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or that Order has been placed in breach of these terms and conditions. If your Everyday Market Order is cancelled in accordance with: clause 4.7(b)(i) or 4.7(b)(ii) (where product is unavailable or there is a pricing or product description error): we or the Everyday Market Partner will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee or other fees and charges, will be refunded to your original payment method or through an alternative means. clause 4.7(b)(iii), or where you are in breach of these terms and conditions, we or the Everyday Market Partner will provide you with reasonable notice of that cancellation. You may be charged a cancellation fee of the lesser of $20 or the value of the payments made and you will be refunded any excess amount to your original payment method or through an alternative means. If your Everyday Market Order is cancelled by us or an Everyday Market Partner, any Grocery Orders made in the same Order will not be affected by the cancellation. 4.8 Unavailable or missing items You acknowledge that an Everyday Market Product that you order may be out of stock or temporarily unavailable. If this happens, then the Everyday Market Partner will not be able to provide you with that Product. If an Everyday Market Product is out of stock or temporarily unavailable, or if your Everyday Market Order cannot be fulfilled for any other reason, the Everyday Market Order will be cancelled and you will be provided with a refund. Substitute products will not be provided for Everyday Market Orders. If you experience any issues with your Everyday Market Order or an Everyday Market Product (such as missing items), you may contact our Customer Service Centre on 1800 000 610 during Contact Hours within 24 hours after the delivery time and we will endeavour to work with the Everyday Market Partner to resolve the issue (for example, for missing items, we will work with the Everyday Market Partner to verify and confirm any such missing items and provide you with a refund if necessary). 4.9 Returns and Refunds The Everyday Market from Woolworths Returns Policy applies to all purchases of Everyday Market Products using the Site and forms part of these terms and conditions. The Everyday Market Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 5.1. If you are entitled to a refund in accordance with these terms and conditions, we will process the refund on behalf of the Everyday Market Partner. However, the Everyday Market Partner retains all responsibility for providing you with a refund. 5. General 5.1 Liability Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. Everyday Market Partners, not us, are responsible for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of Everyday Market Products. Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Woolworth's liabilities under those provisions: you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose; we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. 5.2 Intellectual property rights You: acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Materials ), are owned by or licensed to us; acknowledge that the listing content and materials that appear on the Site in relation to Everyday Market Products are owned by the Everyday Market Partner and licensed to us; must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and must not frame or embed in another website any of the material appearing on this Site without our prior written consent. You may: store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use. This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including Everyday Market Partners or our suppliers) without obtaining the relevant third party owner’s consent. 5.3 Changes to these terms and conditions We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process. If you have a Grocery Order that has been accepted by us or an Everyday Market Order that has been accepted by an Everyday Market Partner, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you placed your Order. 5.4 Severability If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy. 5.5 Jurisdiction This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law. 5.6 Privacy and Commercial Electronic Messages Our Privacy Policy is available here and forms part of these terms and conditions. You acknowledge that you have read our Privacy Policy, Collection Notice, and Cookies Statement, and understand that they govern your use of the Site and the Site’s related services, including purchasing goods and services from us or our Everyday Market Partners using the Site. You agree that we and our Everyday Market Partners (via us) may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by Woolworths Online and Everyday Market from Woolworths via those channels or media. Your agreement to receive commercial electronic messages from Woolworths Online and Everyday Market from Woolworths will be effective until you opt out. You may opt out of the receipt of commercial electronic messages sent by Woolworths Online and Everyday Market from Woolworths by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by Woolworths Online or Everyday Market from Woolworths). If you opt out receiving commercial electronic messages sent by Woolworths Online and Everyday Market from Woolworths, you will still receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased. Opting out of receiving commercial electronic messages from Woolworths Online or Everyday Market from Woolworths will not withdraw your consent to receive messages from other Woolworths brands or Everyday Market Partners you have signed up to independently of your Woolworths Online account. If you would like to opt out of receiving commercial electronic messages from other Woolworths brands or Everyday Market Partners, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions. 5.7 Terms and Conditions of Woolworths App By using the Woolworths Application (App ), you agree to be bound by these Woolworths Online and Everyday Market Terms and Conditions. Using the App also involves you providing your personal information and location to us. When accessing this App, we need you to be aware of the following product and service specific information: Safety - This App is not intended to be used while driving. You must comply with the Road Rules and not use the Application or your mobile device in any manner contrary to the Road Rules. The Road Rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand Specials and Weekly Catalogue - Items on sale for the period specified, unless sold out earlier. Savings based on our metropolitan sell price. Advertised savings may vary in some stores, as some Grocery Products may already be priced below the metropolitan sell price. Limits per customer may apply (except in SA), trade not supplied. Some Grocery Products or varieties may not be available in all stores or at Woolworths Online. Specials may not be available in all stores or at Woolworths online, Metro or Food for Less stores and are not available at CALTEX SAFEWAY/WOOLWORTHS fuel outlets. Multibuys apply for the purchase quantity advertised. In-Store and Online Specials - A Grocery Product advertised as an In-Store and Online Special is available to customers both In-Store and Online. In-Store Only Special - A Grocery Product advertised as an In-Store Only Special is only available in store. If you select the Online Delivery mode this special will not apply. Online Only Specials - A Grocery Product advertised as an Online Special is available to customers who place an order for delivery or Pick up only. Store Finder - Trading hours correct at time of publish. See in-store for latest information. Pricing - The purchase price of each Product is shown on the Product Detail page in the App at the time you place your order. The purchase price of a Grocery Product will depend on which mode of delivery you have selected. The purchase price of a Grocery Product on the App may not be the same or correspond to the prices in any of our supermarkets for the same Product. You acknowledge that: there is no requirement on us or on any Everyday Market Partner to match any prices for any Products, including matching any prices for a Product that is available through the App at our supermarket or vice versa; and all pricing for a Grocery Product displayed on the App may differ depending on the postcode you have selected (for example, the price for a Grocery Product in Sydney may differ to the price for that same Grocery Product in Melbourne). Just like in our supermarkets, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have, or an Everyday Market Partner has, accepted your Order, neither we nor the Everyday Market Partner will change any prices that apply to the Products in that order. Privacy Policy - Woolworths Group Limited and Woolworths Marketplace Pty Limited are committed to supporting the 'Australian Privacy Principles ' which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations. Our respect for our customers' right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the Australian Privacy Principles. View our privacy policy for more information. Liquor - As per the terms and conditions stated at clause 3.2 above. Tobacco - Woolworths takes the responsibility of selling tobacco seriously. It is an offence to supply tobacco products to a person under 18 years of age. It is our’ policy to check ID upon delivery of anyone who appears under 25. If you are under 18 years of age, you may not use the App to place an order for tobacco or tobacco related products. If you need help to quit smoking, call 137 848 or 13 QUIT. Restricted products - If you are under 18 years of age, you may not use the App to place an order for sharp objects such as knives, blades, saws or any related sharp objects. It is our policy to check ID upon delivery of anyone who appears under 25. General Merchandise phone network products - Subject to terms, conditions and limitations imposed by mobile service provider. Please check with service provider or in-store for full details. Bakery - Some bakery items only available at stores with an in-store bakery. Health and Wellbeing - The information and recipes contained within this App is for general information purposes only; it should not be considered professional medical advice. Please consult your doctor for specific nutritional needs. App usage - This App has been tested and operates on open source third generation and above. By using this app you agree that the Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. 6. Definitions Capitalised terms used in these terms and conditions have the meanings set out below: App has the meaning given in clause 5.7. Bag Fee has the meaning given in clause 2.3(a)(ii). Bulk Order means a Grocery Order over normal retail quantities, for multiple products, or a Grocery Order for bulky or heavy items, as determined by us from time to time. Contact Hours means Customer Service Centre operating hours, Monday to Friday 6.00 am to 12.00 am (6am to 1am in daylight saving time), Saturday 6.00 am to 10.30 pm and Sunday 6.00 am to 10 pm Australian Eastern Daylight Time. Crate Service Fee has the meaning given in clause 2.3(a)(iii). Delivery Address means the address (or collection location) specified by you for the delivery of Products that we, or an Everyday Market Partner, will supply to you under these terms and conditions. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we, or an Everyday Market Partner, will deliver the Products. Delivery Fee has the meaning given in clause 2.3(a)(iv). Delivery Now Fee means the delivery fee shown on the site and displayed when you place your Grocery Order using our Delivery Now service. Delivery Now Order means a Grocery Order that is placed using our Delivery Now service. Delivery Now Services means the delivery services provided by us to you when you place a Delivery Now Order. Direct to boot Location means an address listed on the Site where you can collect Grocery Products ordered through the Site by driving your vehicle up to the collection point. Everyday Market means the "Everyday Market from Woolworths" online platform on the Site. Everyday Market Product means a good or service that is identified using the orange Everyday Market symbol (appears as an orange market stall) on the product tile and is advertised on the Site as being sold and delivered by an Everyday Market Partner. Everyday Market Order means an Order for an Everyday Market Product. Everyday Market Partner means, in respect of an Everyday Market Product, the seller of that Everyday Market Product. Everyday Market Shipping Fee is defined in clause 2.3(a)(v). Grocery Order means an Order that contains one or more Grocery Products. Grocery Product means each Product that is not an Everyday Market Product. GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). LoginID means the email address that you provided to us as part of the registration process to use the Site. Materials is defined in clause 5.2(a)(i). Order means any order for a Product or Products submitted using the Site and includes Grocery Orders and Everyday Market Orders. Pick Up Service is defined in clause 3.7(a). Product means each good or service that is advertised for purchase by you on the Site. Remote Delivery Order is defined in clause 3.9(a). Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects. Site is defined in clause 1.1(a). Schedule 1 - Standard Woolworths Fuel Offer Terms & Conditions 1. To receive a discount on the standard purchase price of fuel at participating Ampol# locations (which may be branded Caltex or Ampol as Ampol transitions to its own branding) or participating Caltex Woolworths/EG Australia, you must spend at least $30 in one transaction at a participating Woolworths Supermarket or Woolworths Metro. The $30 qualifying amount excludes purchases of gift cards (including iTunes cards), smoking/tobacco products and accessories, lottery products, carpet care, donations, travel cards, event tickets, delivery charges, and cashouts. For online purchases at Woolworths, the fuel discount is only available to customers who have added a registered Everyday Rewards Card to their online account #Caltex branded sites operated by Ampol are changing to Ampol branding. Ampol Limited, through a subsidiary, is a licensee in Australia of the Caltex trademark, but is in the process of transitioning to instead trade under its own Ampol trademark. 2. The fuel discount you have qualified for will be no greater than 4 cents per litre (or the equivalent of 4 cents per litre) and is recorded electronically on your Everyday Rewards card or printed on your Woolworths Supermarket or Woolworths Metro receipt. If you have reason to believe that an error has occurred on your Everyday Rewards card or your printed receipt, please call 1300 10 1234. When redeeming your fuel discount at a participating Ampol# location in Tasmania or a participating Caltex Woolworths/EG Australia fuel outlet in Tasmania, you will receive an additional discount of 2 cents per litre (giving you a total fuel discount of 6 cents per litre). 3. Buy fuel and either scan your Everyday Rewards card or present your fuel discount receipt at a participating Ampol# locations or participating Caltex Woolworths/EG Australia fuel outlets before the expiry date (28 days from the date of purchase) to receive your fuel discount. 4. You may only enjoy one supermarket fuel discount offer per transaction, for a fuel purchase of up to 150 litres. 5. If your Everyday Rewards Card is lost, stolen or damaged, please visit everydayrewards.com.au or call 1300 10 1234. Fuel discount receipts that are damaged, defaced, photocopied or altered are not valid for any fuel discount offer. 6. Woolworths may change, suspend or terminate the conditions of the fuel discount offer at any time at its discretion. 7. Fuel discounts may be enjoyed at participating Ampol# locations or participating Caltex Woolworths/EG Australia. 8. This discount is not available in conjunction with any other offer, except any separate in-store fuel discount offers as advertised at or for participating Ampol# or Caltex locations or Woolworths/EG Australia, unless otherwise stated. 9. This discount cannot be enjoyed on any StarCard, AmpolCard or AdBlue purchases at participating Ampol# locations. 10. This discount is enjoyable on any AdBlue purchases at participating Caltex Woolworths/EG Australia fuel outlets. 11. Participating Ampol# locations or participating Caltex Woolworths/EG Australia are not located in all areas. Go to www.woolworths.com.au/shop/storelocator to locate your nearest participating Ampol location or participating Caltex Woolworths/EG (operated by EG Australia). 12. Log onto everydayrewards.com.au or call 1300 10 1234 to see the full T&Cs for the Everyday Rewards Program. Schedule 2 - Woolworths Priority Assistance Program 1. Woolworths provides a "Priority Assistance Program" to eligible customers approved by Woolworths that offers those customers dedicated delivery windows for their Grocery Orders. 2. You may apply for access to the Priority Assistance Program at https://www.woolworths.com.au/shop/discover/priorityassistance by completing the form and providing supporting documentation and other information required to assess your application. 3. Eligible customers include seniors, people with a disability and those with compromised immunity or who are required to self isolate. 4. Woolworths will assess your eligibility for the Priority Assistance Program using the information provided by you in your application, and reserves the right to approve or decline any application in Woolworths’ sole discretion. If you do not provide details of your eligibility to receive Priority Assistance, Woolworths may not be able to provide you with this service. 5. The offer of dedicated delivery windows for Priority Assistance customers is subject to availability of the service at the time. 6. Woolworths reserves the right to suspend or terminate the Priority Assistance Program at any time. Woolworths Group Privacy Policy We value your trust and take the protection of your personal information very seriously. This document outlines the way in which we collect, hold, secure, use and share your personal information. We encourage you to read it, so that you are comfortable with what we do and can help us improve your experiences with us. If you have any questions regarding its contents, we invite you to contact our Privacy Officer, whose contact details are contained in Section 17 below. About Woolworths Group Woolworths Group (referred to as ‘Woolworths’, ‘we’ or ‘us’) includes Woolworths Group Limited ABN 88 000 014 675 and its subsidiaries, including businesses such as Woolworths Supermarkets, Metro, Everyday Rewards, Cartology, WooliesX and BIG W. This Privacy Policy applies to all Australian Woolworths Group subsidiaries unless that subsidiary has adopted a separate policy. Endeavour Group (comprising Endeavour Group Limited and its subsidiaries including BWS) was part of the Woolworths Group prior to July 2021 but is no longer related to Woolworths Group. This Privacy Policy outlines our personal information management practices, including how we collect, hold, secure, use and share your personal information. Specifically: • the kinds of personal information we collect and hold • how we collect and hold it • the purposes for which we collect, hold and use it • how we secure it • how, and to whom, we share your personal information, including overseas, and why • your right to access and correct it • how you may contact us if you wish to make a complaint or enquire about privacy matters. There are some matters to which this policy does not apply. Please refer to Section 15 below. As defined by the Privacy Act 1988 (Cth), "personal information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not. Any time we use the term “personal information” in this policy, we are referring to this legal definition of the term. We always want to provide you with the highest level of service, so we collect and hold personal information necessary for our business activities and to enable us to provide the information, goods or services you might be looking for. If we do not collect the information, we may not be able to provide these things. We collect your personal information directly from you when you activate or use our services, interact with us, either in person, over the telephone or electronically (e.g. via websites, apps, social media posts, chats, telephone, emails and/or SMS) or as otherwise permitted by law. We may also collect personal information about you from third parties, including Endeavour Group (which includes BWS). Below are some examples of personal information we may collect from you and how we collect that information: When you register to participate in one of our loyalty programs or when you use your loyalty card: • your contact details (including your name, email addresses, telephone numbers and residential and delivery addresses) • date of birth and gender • payment card and transaction details • information about purchases for which you earn loyalty points as well as your use of those loyalty points. When you shop with us, including online, or browse our sites or apps: • your contact details, delivery address, and loyalty card number • information about your orders and purchases, including what, how, and when you buy from us • we may ask for your ID, such as your driver’s licence, if you purchase alcohol or tobacco or other forms of identification so that you can use certain services we provide • whether you have taken up or subscribed to any of our offerings such as clubs, subscriptions or loyalty programs, financial services products including insurance and credit cards or our apps • information about your online browsing behaviour on our internet sites and apps, including promotions you activated, as well as items you have added to your carts • information collected and held via our secure financial systems about the payment method you use for your purchases from us • like many websites, tracking technologies, such as "cookies", are used to obtain certain types of information such as application activities, current location of your device, type and version of your browser, your device ID and other device metrics when you visit our websites, apps or our trusted partners’ websites or apps (see Cookies Statement for details) • images and videos that you post online to facilitate our service provision or sales promotions • information we collect via our apps on mobile devices or smart devices (e.g. smart watches), for example the current location of your device, type and version of your browser and, your device ID and other device metrics, as allowed by your device permissions. When you contact us or we contact you to take part in competitions, promotions, testimonials, reviews, surveys, focus groups or make other enquiries: • your contact details and loyalty card number • whether you activated the promotion • the content of online communications with you, including competitions, promotions, feedback, reviews, ratings, comments and images included on any of our websites, apps or social media pages or any of our other digital services • an electronic copy of the written communication or voice recording of the conversation. When you visit us in person, including for events: • your contact details and loyalty card number for in-store services such as pick up, home delivery or special orders • we may ask for your ID, such as your driver’s licence, if you purchase alcohol or tobacco • cameras (including security, smart and team safety cameras) may record footage and other data which may identify you • your contact details if security or team members are investigating whether you may have breached any store procedures or if you are injured in any one of our stores or are witness to an incident. • any other information that you provide to us (for example if you choose to leave your details with us for recruitment or other purposes). When you purchase a Woolworths Group Gift Card (e.g. a WISH Gift Card) from us: • your contact details • your gift card ‘Card Number’ and the corresponding ‘PIN’ • balance on the gift card and its transaction history. When you use Woolworths Mobile Services: • metadata generated through your usage (e.g. the date, time and duration of your communications), and information required for us to discharge our obligations relating to law enforcement under applicable laws in relation to telecommunications services that we provide. • your personal information when you activate or use a telecommunication service we provide, or when we are otherwise required by law to collect personal information about you Other sources: From time to time we may also collect personal information about you from other sources to help us supplement our records, improve the personalisation of our service to you, provide services to third parties such as Endeavour Group and detect fraud. For example, we may collect personal information from: • our trusted partners to confirm your membership of the loyalty program, e.g. to convert Everyday Rewards points to your Qantas membership • information service providers to improve data quality e.g. we validate addresses with Australia Post to improve your delivery experience • Endeavour Group, in order for Woolworths to provide services to Endeavour Group • financial services organisations for fraud prevention. For many of our services, you generally have the option not to give us your name and can use a pseudonym if you prefer. We may need your real name and a valid ID for specific purposes or where we are required to ask by law. Yes, you may provide someone else’s personal information to us, for example, • when you purchase a gift for others, • place an order on someone else’s behalf You must have their consent beforehand and we may ask you to provide evidence of that consent. You should not provide someone else’s information if you don’t have their consent, or for malicious purposes. Some of our products and services, like health-related and insurance services, may require us to collect (or result in us collecting) your “sensitive information” from you or from other sources. ‘Sensitive information’ is defined in the Privacy Act and includes information like health information. Sensitive information is only obtained with your consent or in certain limited permitted situations. Your personal information is important to us. We design our systems with your security and privacy in mind. Any personal information we hold is generally stored electronically in computers or cloud systems operated by us or by our service providers. We implement a range of information security measures and encryption protocols when we handle your personal information to protect it from unauthorised access, loss, misuse or wrongful alteration. We may collect information from your current device using cookies or other technologies, including your online browsers or apps to protect your account security. See Section 3 for examples of what kinds of information we may collect. We use security measures such as physical and technical security access controls or other safeguards, information security technologies, policies, procedures and training programs to ensure the security of your personal information. We protect your payment card details with encryption and hashing methods. We ask that you not include your full card details when you communicate with us via email, SMS or chat messages. If we have to make a reference to your payment card number, we will only refer to the last four digits in any form of written communications. We primarily collect, hold and use your personal information to supply, promote and sell goods and services that you have requested, or which may be of interest to you, so that we can improve and personalise your experiences. This may also include the products and services of our suppliers and trusted partners. We may use your personal information for purposes which are incidental to the sale and promotion of our goods and services, or for other purposes which are within your reasonable expectation or permitted by law. In addition, your personal information may be used for the following purposes: • Personalisation: To identify your preferences, to recommend features, products, and services that may be of interest to you, and to personalise your experience with Woolworths. • Communication: To send you offers and other communications that may be of interest to you. • Create and maintain your loyalty account: To capture and reward your shopping behaviour, and to provide customer support if needed. • Investigation: To assist in responding to your complaints or enquiries and to undertake investigations. • Fraud detection and security: To verify your identity and to detect fraud activities. We may conduct auditing and monitoring of transactions and financial engagement. • Improve our services and customer experience: To analyse performance, improve our systems and improve the usability, functionality and effectiveness of our services. • Corporate services: Allow us to provide support services, including recruitment services, to third parties such as Endeavour Group. • Analysis: To analyse your personal information in an anonymised and combined way when we communicate with you about your preferences; for example weekly personalised specials. Your personal information is important to us and we are very focused on making sure it stays safe. We use data, including personal information in some cases, to understand the preferences and shopping patterns of our customers and to produce other insights. In most cases, we employ techniques such as grouping, combining and anonymising, so that we don’t need to use your personal information to understand those preferences or patterns, or to produce insights. We may also share anonymised preferences and insights with our suppliers, partners and service providers to assist with the marketing of products and services, without revealing your personal information. There are limited circumstances when we share or use your personal information in a form that can clearly identify you, such as: • when you make a written request to share your information with a third party • to related bodies of, or business units or brands within, Woolworths Group • for fraud detection and security protection • when legally required, including assisting with police investigations and where required by law enforcement agencies • with third parties, such as partners, suppliers, or service providers, when we need their assistance in our day-to-day business operations or so we can work with them to provide services to you. There are also limited circumstances in which we may share your personal information with third parties, such as: • financial services organisations or specialised service providers for fraud detection (when we process your payments) • print partners for direct mail and card fulfilment (when you register and order a loyalty card from us) • those helping us to improve data quality, such as Australia Post (when you provide your address to us) • expert data partners (in encrypted form) to provide us with insights (when you shop with us or when you join our loyalty programs) • to combine your personal information as an Everyday Rewards member and BWS and/or Dan Murphy's customer so that Endeavour Group can provide you with better personalised shopping experiences • our partners, e.g. Qantas, so that they can allocate Qantas points to you (when you choose to convert Everyday Rewards points to your Qantas membership)." When you register to hold an account or become a member of any Woolworths brand or program, we may send you commercial electronic messages and tailored advertising if you agree to let us do so. We may send you these messages via various channels and media (including by email, SMS, phone and mail, or via advertising on certain websites and social media), where you have not opted out of receiving such electronic messages from that Woolworths brand or program in that channel. You can opt out of commercial electronic messages (e.g.) emails and SMS), by • using the unsubscribe facility in any commercial electronic message; or • for in-app notifications and advertising on certain websites and social media, by adjusting your device setting or online privacy settings. Details on how to opt out of commercial electronic messages in relation to each Woolworths brand or program are contained within the terms and conditions for the relevant brand or program. It’s important to note that opting out of receiving commercial electronic messages from any one Woolworths Group brand or program will not withdraw your consent to receive messages from other Woolworths Group brands or programs. Regardless of whether you opt-out of any or all commercial electronic messages, you will still receive information we are required by law to provide to you or service-based communications. Each Woolworths Group brand and program sends different service-based communications (such as communications relating to terms and conditions, your account or your orders). The terms and conditions for each brand and program sets out what is considered a service-based communication for that brand or program. If you would like more information about how we may, or may not, send you commercial electronic messages, including in relation to specific Woolworths Group brands or programs, please see the terms and conditions of each of those Woolworths Group brands or programs. Some of our service providers, including data storage and technology service providers, may be located or use locations outside of Australia. Where we share personal information overseas, we take steps to ensure that our service providers are obliged to protect this personal information in accordance with Australian legal requirements and that they are only permitted to use personal information for the purpose for which it is shared. Our service providers or their data storage servers may be located, and may store your personal information from time to time, in a number of countries, including New Zealand, Switzerland, the United Kingdom, United States, India and Japan. We may share your personal information overseas for reasons including: • where we have made a business decision to engage with a trusted service provider to assist us with certain functions, including data storage, combining and analysing data and processing data • for disclosures between our Group companies. Our main business locations are in Australia and New Zealand, but some of our Group companies may be based in other countries from time to time • when our business which collected your personal information is in a different country to your location • when our supply to you necessarily involves overseas disclosures. For example, a reinsurer of some of our insurance offerings uses computer systems in Switzerland and the United States to store insurance-related personal information • where you are involved with public liability issues, we may share your personal information with our overseas insurer or other supplier of relevant services in the course of managing those issues. You have a right to request access to the personal information we hold about you. You can access or correct your personal information on your online profile via your online account at any time. However, before we provide you with access to your personal information we may require verification of proof of identity. There is no charge to submit a request to correct or access your personal information, however, we may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part. If you would like a copy of the personal information held by us about you, please contact Woolworths’ Privacy Officer using the details shown in Section 17 below. If you believe that any of your personal information is inaccurate, out of date, incomplete, irrelevant or misleading, please contact our Privacy Officer. It is your right to have your personal information corrected. If you would like to complain about a breach of the Australian Privacy Principles, you may contact our Privacy Officer. We may ask you to put your complaint in writing and to provide relevant details. We may discuss your complaint with our personnel and our service providers and others as appropriate. We will respond to your complaint in a reasonable period of time (usually within 30 days). If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC) (whose contact details are as set out here). There may be additional privacy notices and terms relevant to you depending on the nature of your dealings with us and on our particular businesses. There are additional privacy terms in our loyalty program and club membership terms and for use of our online sites, for example. This policy does not apply to the personal information of our team members (employees and contractors) in their capacity as such. This Privacy Policy is current from 28 June 2021. We may change it periodically. If we propose to change this policy, we will display the proposed policy on www.woolworthsgroup.com.au at least 2 weeks before any change comes into effect. If you have any questions about our Privacy Policy or the way in which we collect, hold, secure, use or share your personal information, please contact us: Phone: 1300 908 631 Email: privacy@woolworths.com.au Post: Privacy Officer Woolworths Group Limited PO Box 8000 BAULKHAM HILLS NSW 2153 More information about privacy law and privacy principles is available from the OAIC and from their website. The OAIC may be contacted using their contact details set out here. Woolworths Data Collection Notice Why we collect your information (Collection Notice) At Woolworths Online, we care deeply about your privacy. And that means giving you what you need to make informed choices. We want to make it simple for you to understand how we collect, use and share your personal information, so please read on to find out more. First and foremost, we collect your personal information to register and manage your account, take your orders and deliver your groceries. Without the necessary information, we may not be able to do so. We usually collect personal information such as your name, contact details, date of birth, gender, Everyday Rewards number, your orders and payment details directly from you or anyone ordering on your behalf. We also collect information via our apps on mobile devices, for example the current location of your device, as allowed by your device permissions. We do so when you visit us online or otherwise engage with us, for instance when you contact our call centres, or when you browse our websites, apps or other digital assets (like most businesses, we use technologies like cookies - click here to see how they work) We typically use your personal information to: • communicate with you about your purchases • improve the goods and services we offer you • sell and promote relevant products, services, personalised offers and other benefits to you via direct marketing (including emails or personalised catalogues) or tailored advertising (including on websites you visit and social media platforms) • record your feedback and product reviews • investigate and respond to your enquiries and (hopefully very rare) complaints • conduct investigations in cases of fraud or data security risks • assist with COVID-19 contact tracing or to communicate with you in the event of a COVID-19 positive case in store • improve our business generally, including by monitoring or recording our interactions with you for training purposes • comply with our legal obligations, for instance when we are managing product quality or safety issues. Depending on how you deal with us, it’s possible we may need to collect other types of personal information necessary to deliver you the benefits of Woolworths Online or respond to your broader needs. We may not be able to provide you with the services you require without these details. When you apply for Priority Assistance, we may also collect ‘Additional Information’ from you, including government issued identification numbers or sensitive information, such as your health information , to verify your eligibility for the services. Additional Information will not be collected for customers who are not applying for Priority Assistance. Any Additional Information collected will be used for verification purposes and will not be used or disclosed for marketing and promotion purposes. If you do not provide details of your eligibility to receive Priority Assistance, we may not be able to provide you with this service. We work with a number of partners and service providers and we sometimes need to share your personal information with them to bring you Woolworths Online and in the course of doing business. These include delivery, IT services, fraud detection and call centre suppliers. We may also need to share your personal information within the Woolworths Group, as required by law and in the context of any legal proceedings to which we are a party. We may share your personal information with Departments of Health or their nominated contact tracing agencies if requested to provide information for COVID-19 contact tracing. You may be contacted by one of these parties using the information that you have provided to Woolworths. Should we ever explore the sale of any part of Woolworths Online, we may need to share personal information with potential and final acquirers. Computing and commerce are now globalised and consequently we may sometimes need to share personal information overseas, for instance while using cloud computing services. Visit the Woolworths Group Privacy Policy for more information on sharing personal information overseas. If you have a query or complaint you would like to discuss with Woolworths relating to a privacy matter, you can contact the Woolworths Group Privacy Officer. If you would like to opt-out of marketing communications and promotions from Woolworths Online, you can change your marketing communications settings by logging into your Woolworths Online account. If you receive any marketing communications or promotions from us via email, you can click on the unsubscribe link in the email to opt-out from that particular communication. You can opt-out from receiving push notifications, in-app messages or sharing your location with us by changing the permission on your mobile device. Visit the Woolworths Group Privacy Policy for more information on marketing communications, how you can access or correct your personal information collected by Woolworths or make a complaint about a privacy matter. Woolworths Online is a registered business name of Woolworths Group Limited (ABN 88 000 014 675). Visit the Woolworths Group Privacy Policy for more information. Vanguard Privacy Policy 1. Our commitment to you 1.1 Vanguard is committed to maintaining the privacy of the personal and financial data we hold. We recognise that your relationship with us is based on trust, and that you expect us to act responsibly towards you. 1.2 This Privacy Policy sets out further detail about Vanguard’s approach to handling personal information. 2. Introduction Vanguard Investments Australia Ltd, The Vanguard Group, Inc., and Vanguard-affiliated companies ("Vanguard," "we," or "us") value the privacy and security of information about Vanguard's clients and potential investors. Vanguard entities may collect and retain certain information in order to provide a variety of financial products and services to our customers, including investment management and financial advice. In this privacy policy ("Policy"), we describe how Vanguard collects, uses, and discloses information. By visiting or using the websites operated by Vanguard entities that link to this privacy policy (the "Sites") or otherwise providing information to Vanguard, you consent to the collection, processing, use, and disclosure of information about you as set out in this Policy, including transfers to third parties and other countries. Your use of our services and the Sites, and any dispute over privacy, is subject to this Policy and our Terms and Conditions of Use, including applicable limitations on damages and the resolution of disputes. The information that we collect is controlled by Vanguard Investments Australia Ltd, which is headquartered at Level 13, 130 Lonsdale Street, Melbourne VIC 3000. 1300 655 101. This information also may be collected by or transferred to, and therefore controlled by, The Vanguard Group, Inc., which is headquartered in the United States at 100 Vanguard Boulevard, Malvern, Pennsylvania 19355-2331. As discussed below in the section titled "Cross-Border Transfer of Information," information that we collect may be transferred to and processed in the United States, Canada, the European Union, Switzerland, the United Kingdom, Hong Kong, Japan, or another jurisdiction outside your country of residence, which may have less stringent data protection laws than in your country of residence. To the extent permitted by law, we will not be responsible under the laws of your country of residence for the conduct of any parties to whom we disclose your personal information outside that country, and you may not be able to seek redress under those laws. 3. Information Collection Vanguard may collect, process, use, and disclose both Personal Information and Other Information when we provide a service to you (including opening an account, engaging in a transaction, speaking with us on the telephone, providing us with your business card or registering to attend an event) or in connection with your use of the Sites. For the purposes of this Policy, "Personal Information" is any information that alone or together with other information in Vanguard's possession relates to an identified or identifiable person, such as name, phone number, e-mail address, financial account information, and online account information such as username and password. "Other Information" is any additional information that is not Personal Information. In this section, we describe our information-collection practices, including the types of Personal and Other Information that we collect. In subsequent sections of this Policy, we describe how we use and disclose Personal and Other Information. We may combine the Personal and Other Information with information collected from or about you from third parties or in other contexts. This may include information collected online, such as through our e-mail exchanges with you; from publicly available sources, such as your company website if you are a financial adviser; from the registrar for our exchange-traded funds so that we can provide information about products or services that may be of benefit; or from offline sources, such as information that we collect when you establish your account with us or call customer service. We will treat such combined information in accordance with this Policy. If you do not wish to provide information to Vanguard, we may be unable to provide certain services to you. Some personal information is collected, used, and disclosed pursuant to applicable laws including laws relating to identification verification, tax reporting and withholding, and money laundering (e.g. in Australia, the Anti-Money Laundering and Counter-Terrorism Financing Act, Taxation Administration Act, Corporations Act, Income Tax Assessment Act, Privacy Act and Privacy Amendment (Notifiable Data Breachs) Act 2017). 3.1 What Personal Information do we collect Vanguard may collect the following Personal Information from or about you: Personal Information we collect directly from you, such as when you register to use the Sites or request information from us: Vanguard may collect and maintain Personal Information about you, and about any person or entity on whose behalf you are acting, that you provide to us on the Sites, such as when you register to use the Sites, obtain a product or service from Vanguard, request information or materials from us, or otherwise interact with us. The types of Personal Information we collect vary based on your particular interaction with us, but could include: Your name, company name, and primary role or title; Postal mailing address; Telephone and fax numbers; E-mail address; Account number and other account information; User name, password, PIN, and answers to security questions; and Other information you provide to us directly online, such as information collected for identification or authentication purposes. Personal Information for your account: Depending on the type of account, and to the extent permitted by law, we may collect the following Personal Information from you or about you when you open an investment account, establish a business relationship with Vanguard on behalf of yourself or another individual or entity, or manage your account on the Sites: Full name, date of birth, gender, and contact details, including mailing address, e-mail address, and telephone and fax numbers; Information about identity, place of birth, residency, citizenship, and identification documentation for the purpose of verifying identity and to comply with regulatory requirements regarding identification verification, tax status, tax reporting, and withholding; Tax identification number and bank account and payment method details, if such information is needed for the purpose of administering your accounts; Employment details, which may include annual salary; Contribution amounts and investment choices; Details about authorised signatories, agents, or representatives (including deceased estates); Copies of any relevant trust deeds, partnership agreements, constitutions, or articles of association; Details of services you are interested in and about your investment needs; Information about employees, agents, or other representatives of a client or prospective client, if such information is needed to open or maintain an account; Detailed contact information about a financial adviser; and Other information that you provide to us in connection with your account. We also may collect Personal Information for your account from third parties authorised to disclose your Personal Information, such as from your employer or from companies that provide identification verification services. Information about Third Parties: We may collect information from you regarding other individuals related to your account. By disclosing information about authorised signatories, dependents, relatives, potential beneficiaries, employees, agents, or other representatives as outlined above, you warrant that you have the consent of those parties to such collection, use, and disclosure of their information as described in this Policy. Information from telephone, e-mail, online chat, or text message communications with Vanguard: If you communicate with Vanguard by telephone, e-mail, online chat, or text message, Vanguard may keep a record of that communication. In accordance with applicable law, Vanguard also may record and monitor telephone calls for training, quality assurance, security, and customer service purposes. Information you provide to public websites or social media platforms that relate to Vanguard or our products or services: We may also collect information about you from public websites or social media where you have communicated in relation to Vanguard or our products or services. Information contained in surveys: Vanguard or a Vanguard service provider may ask you to complete surveys for research and client satisfaction assessment or similar client service-related purposes. You are not required to respond to those surveys, and any information collected by Vanguard or on Vanguard's behalf that you provide in response to those surveys is at your discretion. If you do not provide the Personal Information requested, we may not be able to process an application, provide services to you, or provide you with information about our products and services. 3.2 What Other Information do we collect automatically? We collect information about you automatically on our Sites and through emails that we send to you, including whether you click on or select links in our emails. We use a variety of technologies, such as cookies, web beacons, and similar mechanisms, as described further below, to collect Other Information that helps us understand how our Sites are used and how you interact with information that we send you. Specifically, when you visit the Sites, we or our third-party service providers may automatically collect a variety of technical and navigational information about you via these technologies, including: your computer or device type; operating system version; browser type and version; user agent string; Internet connection type; mobile network provider; date and time of your visit; time since your last visit; web pages you view; links you click; searches conducted on the Sites; the internet protocol (IP) address used to access our Sites; your general geographic location (e.g., your city, state, post code, or metropolitan region); and the website visited before our Sites. For more information about the information that is collected, please see the section below titled "Website Analytics and Interest-Based Advertising." We also may use similar tracking technologies in e-mails that we or third parties send to you, as further described below. To learn more about how our Sites use cookies, please visit the Vanguard Cookie Policy. Cookies: A cookie is a small file of letters and numbers that is stored on your computer, tablet, mobile phone, or other device when you visit a website. Cookies contain information that is transferred to or read on your device and allow websites to recognise devices and store certain information, such as user preferences. Cookies are used to distinguish you from other users of our Sites. This helps us to provide you with a useful experience when you browse our Sites and also allows us to improve our Sites. We and our third-party service providers use session cookies, which link your actions during a particular browser session and expire at the end of that session, as well as persistent cookies, which remain on your device and allow us to remember your actions or preferences across multiple browser sessions. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. The help feature on most web browsers will tell you how to prevent your browser from accepting new cookies, how to receive notice when a new cookie is set, and how to disable cookies altogether. However, if you choose to block or delete cookies, certain features of the Sites may not operate correctly. For further information about deleting or blocking cookies, please visit: http://www.allaboutcookies.org/manage-cookies/. Information about how to opt out of the use of cookies for certain purposes (such as interest-based advertising) is discussed below in the section titled "Third-Party Analytics and Interest-Based Advertising." Web beacons: The Sites or the e-mails that you receive from Vanguard may use an application known as a "web beacon" (also known as a "pixel tag" or "clear gif"). A web beacon is an electronic file that usually consists of a single-pixel image. We and our service providers may use web beacons and cookies to determine whether and when you receive and open our e-mails; these beacons and cookies may also capture information such as the type of device, operating system, e-mail program, and web browser used to view the e-mail, the IP address from which you opened the e-mail, and whether you click on any links in the e-mail. These technologies enable us to gauge the effectiveness, relevance, and value of our e-mail communications, as well as to target relevant advertising to you and to measure the impact of that advertising on your Vanguard relationships. We may combine Other Information with additional information that we have collected about you, including, where applicable, your name and other Personal Information. When we combine Other Information with Personal Information, we treat all of the combined information as Personal Information. If you have registered for secure access on our Sites or accessed an e-mail we have sent you that includes a web beacon or sets a cookie, we are able to combine the information we collect about your usage of our Sites with other information we know about you, such as any searches you conduct or information you request during your web session. We can also identify your computer or device on each visit to our Sites, even if you do not log on, and determine whether you came to our Site by clicking on an email link. This enables us to link information about your Site visits, as well as about Vanguard ads that you may have viewed on other websites, to you. We may use this combined information to assess the appeal and usefulness of the information and tools offered on our Sites and the effectiveness of our email communications and online advertising, as well as to identify Vanguard products and services that may be of interest to you. For more information about how we and our service providers use information for analytics and advertising purposes, please see the section below titled "Website Analytics and Interest-Based Advertising." 4. Use and Disclosure 4.1 How do we use Personal and Other Information? We use the Personal and Other Information that we collect for the purposes described in this Policy, for the purposes for which it was provided to us, as required by law, and for our business purposes, including: To establish and administer accounts and your relationship with us, to fulfill the terms of any agreement you have with us, and to otherwise provide Vanguard's products and services to you; To communicate with you, notify you about important updates or changes to Vanguard's products and services, and address relevant inquiries or complaints; For marketing and promotional purposes, consistent with applicable law. For example, we may use your Personal Information, such as your e-mail address, to send you news and newsletters, or to otherwise contact you about products or information we think may be of interest to you. Although we hope you will find our promotional communications of interest, you may opt out of receiving them by following the "unsubscribe" instructions at the bottom of each communication You may also elect to receive only certain kinds of communications from us using our online e-mail preference centre (if available). Please be aware that there is certain information we are required by law to provide to you and you cannot opt out of receiving this information; To tailor the content, information, and advertising that we may send or display to you, including as discussed in the section below titled "Third-Party Analytics and Interest-Based Advertising," to offer location customisation and personalised help and instructions, and to otherwise personalise your experiences while using the Sites. Please see the section below titled "Website Analytics and Interest-Based Advertising" for information about how to opt out of tracking through third party analytics; To comply with our legal obligations and protect our legal rights, including, without limitation, to comply with record-keeping, reporting, and tax obligations under applicable law (such as corporations, tax, managed investments or securities, privacy and anti-money laundering laws); To count and recognise visitors to the Sites and various Site features and better understand how users access and use our Sites and Vanguard products and services; To create new products and services or improve our existing products and services; To support Site performance, perform Site analytics, enhance Site navigation, and improve our web design and functionality; For Site and account security purposes; and For other research and analytical purposes. 4.2 To whom do we disclose Personal and Other Information? We may disclose Personal and Other Information to third parties for the following purposes, as permitted by law: Affiliates: We may disclose Personal and Other Information to Vanguard Affiliates for the purposes described in this Policy. Vanguard Affiliates may contact you by e-mail, where permitted by law, to make you aware of Vanguard's product and service offerings. Service Providers: We may disclose Personal and Other Information to our service providers, who use it to perform tasks on Vanguard's behalf. Among other things, these service providers help us manage and improve the Sites, provide Vanguard services, mail disclosures and statements to you, and administer your accounts. Our service providers may collect, process, and retain information about you, in accordance with the laws of your country, directly on behalf of Vanguard. Vanguard's service providers include: Any organisation involved in providing, managing, or administering the Sites, related systems, or other Vanguard services, such as administrators, mail houses, e-mail senders and providers, technology service providers, and third parties that provide analytics and advertising services as described in the section below titled "Website Analytics and Interest-Based Advertising"; and Vanguard's auditors, consultants, legal advisors, and other professional advisors. Customer Agents: We may disclose Personal Information to your agents or representatives, including: Your financial advisor; Any administrator or trustee for a fund or trust to which your investment balance is to be transferred or rolled over; Your legal representative or attorney; A representative who is entitled to instruct on, or receive, the proceeds from a deceased investor's account balance (for example a Legal Personal Representative, executor, or administrator) or any person we contact to assist us in that process; Other financial institutions that hold an account in your name or on which you are authorised to act, for example, where amounts have been transferred to or from that account; and Other organisations that you have authorised to receive your information, such as data aggregators, provided you have consented to Vanguard's providing this information. Legal Purposes: We may use and disclose information about you as we believe reasonably necessary to protect the rights and property of Vanguard and Vanguard Affiliates, including to establish legal claims or defenses, to obtain legal advice, to defend our legal rights, to protect our rights or property and those of Vanguard Affiliates, to protect against fraud and abuse, to protect other users of our services and our Sites, and to protect the life, body, or property of others (individuals or entities). We also may disclose information about you in order to comply with a judicial proceeding, court order, or other legal process, such as in response to a court order or subpoena, or where otherwise required by law. We may disclose information to authorities investigating (or who could potentially investigate) alleged fraudulent or suspicious transactions in relation to your account or any other account on which you are authorised to act. Sale or Other Transfer of the Company: We reserve the right to disclose information to facilitate the licensing, merger, sale, assignment, acquisition, financing, securitisation, insuring, bankruptcy, or other transfer of our technology or business, or a portion thereof, to third parties, as permitted by applicable law. By agreeing to the terms of this Privacy Policy, you are consenting to this disclosure. Market Research: We also may provide information to market research companies or Vanguard Affiliates for the purpose of assessing information about our business or client base. We may provide our clients' or prospective clients' contact details to market research companies to undertake research on behalf of Vanguard. For example, we may run client satisfaction surveys or run focus groups on proposed products. Marketing: We may also provide information to third parties who assist Vanguard in providing market insights and information about products, services, or other marketing material that may be of interest to you. Direct Sharing through Third-Party Websites and Services: The Sites may enable you to share information directly with websites or online services operated by third parties. For example, the Sites contain features that allow you to share articles or content through Facebook, Google Plus, Twitter, LinkedIn, and other services, and to view content through video players and other services (such as the YouTube video player). If you choose to use these features, you may disclose information to those websites or services and their users, and the public more generally. These websites and services may also set and/or access a cookie on your device. Because these third-party websites and services are not operated by Vanguard, we are not responsible for the content or practices of those websites or services. The collection, use, and disclosure of information through these websites and services will be subject to the privacy policies of the third-party websites or services, and not this Policy. Competitions, Contests, and Promotions: Vanguard may use an agency to run competitions, contests, or promotions on the Vanguard Sites or elsewhere, and if you choose to participate, we or third parties may request your name, address, telephone number, e-mail address, and other information where it is necessary to ensure your eligibility and to comply with lottery and gaming regulations. In compliance with the relevant regulations, it may also be necessary to publish details of the winners of competitions in appropriate news media. Aggregated Information: From time to time, Vanguard may share aggregated information about users of the Sites or Vanguard's products and services, such as sharing reports on the usage of the Sites or Vanguard's services for regulatory reporting or marketing purposes. 5. Website Analytics and Interest-Based Advertising We partner with third parties to collect the information discussed above to engage in analysis, auditing, research, and reporting. These third parties may set and access cookies on your computer or other device and may use web beacons to collect information about your activity on the Sites. In particular, the Sites use Adobe Analytics and Google Analytics to help collect and analyse certain information for the purposes discussed above. The information generated about your use of the Sites may be transmitted to and stored by Adobe Analytics and Google Analytics on servers outside your country of residence. You may opt out of the use of cookies by Adobe Analytics here. You may opt out of the use of cookies by Google Analytics here. We also partner with third parties to provide targeted advertising services that are customised based on your online activities over time and across unaffiliated websites ("Interest-Based Advertising"). These third parties may use cookies and web beacons to collect information about your activity on our Sites, and they may combine it with information about your activity on other, unaffiliated websites. For example, third parties may use the fact that you visited the Sites to target ads for Vanguard services to you on non-Vanguard websites. In addition, our third-party advertising providers might use information about your use of the Sites to help target non-Vanguard advertisements based on your online activity in general. For more information about Interest-Based Advertising and how to opt out, please visit the Australian Digital Advertising Alliance (ADAA) opt-out page, available at http://www.youronlinechoices.com.au/opt-out/. Although our Sites currently do not respond to "do not track" browser headers, you can limit tracking by taking the steps discussed above. The use of online tracking mechanisms by third parties is subject to those third parties' own privacy policies, and not this Policy. 6. Cross-Border Transfer of Information Vanguard generally maintains centralised servers and systems in the United States and may maintain servers and systems elsewhere. These servers and systems are managed by or on behalf of The Vanguard Group, Inc. or Vanguard Affiliates in or outside the United States. Vanguard also may subcontract the processing of your data to, or otherwise share your data with, other third parties in the United States or countries other than your country of residence. As a result, the Personal and Other Information that we collect through or in connection with the Sites may be transferred to and processed in the United States, Canada, the European Union, Switzerland, Hong Kong, Japan, Singapore, or another jurisdiction outside your country of residence for the purposes described above, pursuant to methods permitted by the laws of your country of residence for ensuring that information about you will be adequately protected. This list may be updated from time to time. The data protection laws in these countries may be different from, and less stringent than, those in your country of residence. By accepting this Privacy Policy, using the Sites, or by providing any Personal or Other Information to us, you expressly consent to such transfer and processing. 7. Information Quality Vanguard relies on the accuracy of the information provided by its clients and others. We take reasonable efforts to ensure that Personal Information collected by us or on our behalf is accurate, up to date, and complete, in accordance with applicable law. If any information about you changes or you have any concerns regarding the accuracy of information about you held by Vanguard, you should contact us at the address provided in the "Contact Us" section below. 8. Information Security and Retention We use commercially reasonable physical, electronic, and procedural safeguards to protect your Personal Information from loss, misuse, and unauthorised access, disclosure, alteration, and destruction in accordance with applicable law. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time. If you have online account access, we recommend that you take steps to protect against unauthorised access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. Vanguard retains Personal Information for as long as necessary to provide our services to you, to fulfill the purposes described in this Policy and/or our business purposes, or as required by law, regulation, or internal policy. 9. Choices, Access, and Correction of Information We provide you with the ability to access, review, correct, delete, or inquire about information that we hold about you, as required and permitted under applicable law. You also may have a right to oppose or limit the collection and processing of your information as described in this Policy, or to revoke your consent, although we may be unable to provide services to you if you oppose this processing or if you revoke consent. If you would like to access, review, correct, delete, or inquire about your information, place limitations on the collection or processing of your information, or revoke your consent, please send us a request at the address or e-mail provided in the "Contact Us" section below. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete. Please note that we may need to take additional steps, such as to verify your identity, before we can grant your request. As permitted by law, we will notify you of the basis for any denial of your request. If you would like Vanguard to stop sending promotional communications to your e-mail address, you may opt out of receiving them by following the "unsubscribe" instructions at the bottom of each communication. You may also elect to receive only certain kinds of communications from us using our online e-mail preference centre (if available). Please be aware that there is certain information we are required by law to provide to you and you cannot opt out of receiving this information. You may opt out of the use of your information for analytics and online interest-based advertising by following the steps detailed above in the section titled "Website Analytics and Interest-Based Advertising." 10. Contact Us If you have any further questions relating to this Privacy Policy, wish to request access to or correct personal information we hold about you, or wish to lodge a complaint about the way in which we have handled your personal information, please do not hesitate to contact us: Mail: Client services Vanguard Investments Australia Ltd GPO Box 3006 Melbourne VIC 3001 Phone: Client services 1300 655 101 (8:00 am to 6:00 pm Melbourne time, Monday to Friday) Email: clientservices@vanguard.com.au Vanguard treats any complaints about our handling of personal information seriously. We will fully investigate any complaint you lodge with us and seek to provide a response as soon as practicable and, in general, no later than 30 days after the receipt of the initial complaint. If you are not satisfied with the outcome of your complaint you may refer the matter to external dispute resolution or the Office of the Australian Information Commissioner. We will provide you with further details when we respond to your complaint. 11. Changes to This Privacy Policy We will post changes to this Policy on our Sites along with the effective date of the changed policy. We recommend that you review this Policy periodically. If we make a material change to this Policy, you will be provided with appropriate notice. Revised October 2020 Vanguard Privacy Notification Vanguard is committed to respecting your privacy and complying with laws regulating how organisations deal with personal information. This notification sets out important matters relating to how we handle personal information and how you can gain access to it. Why is Vanguard collecting your personal information? Vanguard collects personal information for the following purposes: to establish and administer investment accounts; to provide products and services, including purchasing and selling assets on behalf of investors; for communication purposes; to provide market commentary and information about products and services that may be of interest; to conduct analysis about products and services to enhance our service offerings; to protect legal rights and comply with our legal obligations including record-keeping, reporting, tax withholding, and client identification requirements under the following legislation Corporations Act 2001 (Cth), Income Tax Assessment Act 1997 and 1936 (Cth), AML/CTF Act 2006 (Cth), Privacy Act 1988 (Cth) and FATCA and CRS or related Australian legislation implemented to facilitate compliance with FATCA and CRS; and to protect against fraud or abuse and to maintain the integrity of our business systems and infrastructure. We may also use your personal information for related purposes which would reasonably be expected. We may collect information from you regarding other individuals related to your account. By disclosing information about authorised signatories, dependents, relatives, potential beneficiaries, employees, agents, or other representatives, you warrant that you have the consent of those parties to such collection, use, and disclosure of their information as described in Vanguard’s Privacy Policy. Who may we disclose your information to? Vanguard may rely on other members of its corporate group or third parties to assist us in providing our services. If we disclose your personal information to other organisations we will require that they handle information in a way that complies with the Privacy Act 1988 (Cth). We may disclose personal information to the following types of organisations: organisations involved in providing, managing or administering our products, systems or services such as administrators, mail houses and software and information technology providers; auditors, consultants and other professional advisers; authorised financial advisers; a representative who may be entitled to instruct on, or receive, the proceeds from a deceased investor’s account balance (for example a Legal Personal Representative, executor, or administrator) or any person we contact to assist us in that process; other financial institutions who hold an account in an investor’s name, for example, where amounts have been transferred to or from that account; market research companies who undertake research on behalf of Vanguard; and agencies who run competitions or promotions on the Vanguard website. In addition, Vanguard may disclose your personal information to regulatory bodies or government entities as required or authorised by law including the Australian Securities and Investments Commission (ASIC), Australian Tax Office (ATO) and the Australian Transaction Reports and Analysis Centre (AUSTRAC). For example, information may be requested by authorities investigating alleged fraudulent or suspicious transactions in relation to an investor's account. Electronic Identification Verification Australian anti-money laundering and counter-terrorism financing laws oblige Vanguard to ask for supporting identification documents from prospective investors in order to meet our obligations under Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) laws. By proceeding with the application you consent to Vanguard electronically verifying your identity by disclosing personal information such as your name, date of birth and address information to a credit reporting agency (CRA), Dun & Bradstreet via our third-party electronic identification provider. The CRA will provide us with a report confirming the information you have provided matches the personal information recorded in their files. If we are unable to verify your identity using the information held by the CRA we will provide you with a notice to this effect. The confirmation of your identity using the credit reporting information will not be recorded as an enquiry on your consumer credit report. If we are unable to verify your identity using your name, address and date of birth, you will be asked to consent to Vanguard verifying your information with the Document Verification Service (DVS) to validate your nominated identification document, such as your driver’s licence or passport. If you do not want to undertake electronic identity verification, please contact Vanguard Personal Investor on 1300 655 101. Biometric information In the event you consent to using biometric login information on your mobile device (such as facial or fingerprint recognition) Vanguard will be required to share your biometric information with relevant third parties to provide these mobile services to you. What happens if you don’t provide Vanguard with your personal information? If you do not provide all of the personal information requested by Vanguard, we may not be able to process an application, provide services to you or provide you with information about our products and services. If you do not provide the information about your FATCA and CRS status, we may be required to provide your information to the ATO. Vanguard Investor Directed Portfolio Service Application Terms and Conditions By submitting this application, I/we declare that: I/We have received and read the IDPS Guide for Vanguard Personal Investor (Parts A and B). I/We agree to enter into and be bound by a contract with Vanguard comprising the terms and conditions set out in the IDPS Guide and this application form (IDPS Contract) and the IDPS Deed Poll dated 4 April 2019 (as amended from time to time). I/We acknowledge that Vanguard may amend the IDPS Contract and the Deed Poll from time to time as set out in the IDPS Contract and the Deed Poll respectively. I/We acknowledge that, in making a decision to apply for an account in Vanguard Personal Investor, the only information and representations provided by Vanguard are those contained in the IDPS Guide. I/We acknowledge that by investing through Vanguard Personal Investor, I/we do not have access to some of the rights and entitlements that would otherwise be available to me/us as a retail investor if I/we invested in the underlying investment options directly. I/we understand that this includes not having the same rights as direct retail investors or not having access to cooling off rights, withdrawal rights, voting rights and corporate actions as outlined in pat A of the IDPS Guide. I/We acknowledge that it is a condition of participating in Vanguard Personal Investor that I/we access information about available investments and give instructions for transactions through Vanguard Online or the Vanguard App. I am/we are aware that I/we have the option of receiving reports by email or post. I/we represent to Vanguard that all details in this application are true and correct and I/we undertake to inform Vanguard of any changes to the information supplied as and when they occur. I/we declare and warrant that I/we are not a US Person as defined under Regulation S of the US federal securities laws and will not hold interests in Vanguard Personal Investor for or on behalf of US Persons. I/We declare that I/we have the capacity and power to make this application. I/We acknowledge that, if we are joint applicants: if we nominate that any of us is authorised to give instructions for our Vanguard Personal Investor account, instructions from any authorised person will bind all of the others for all transactions in connection with the account, including changes to account details; if we nominate that all of us must give instructions for our Vanguard Personal Investor account, Vanguard will not process any transaction in connection with the account unless the instruction is received from all of us. I/We understand that Vanguard may request or require additional personal or client information in order to fulfil legislative obligations. Failure to supply this information punctually may result in Vanguard being prevented by law from carrying out instructions. I/We understand and agree that, even if all information requested in this application has been provided and received by Vanguard, the processing of my/our application may be postponed or delayed while Vanguard verifies and considers information. I/We understand that Vanguard will not be familiar with, and is not responsible for being familiar with, the contents of any document that I/we provide in connection with my/our application or account, for example, trust deeds, partnership agreements, constitutions, governing rules and minutes of resolutions. I/We release Vanguard from all responsibility and liability whatsoever in connection with any action or inaction by Vanguard which constitutes or gives rise to an inconsistency with, or breach of, any such documents, and will indemnify Vanguard in respect of any such liability. I/We understand that none of The Vanguard Group, Inc (including Vanguard Investments Australia Ltd) or their related entities, directors or officers, guarantees the repayment of capital or the performance of any investment acquired via Vanguard Personal Investor. I/we agree to our investments acquired via Vanguard Personal Investor being pooled in an omnibus account with assets of other persons, to the extent permitted by law, in accordance with the IDPS Contract. I/We have read the Privacy Policy referred to in the IDPS Guide and I/we consent to the handling and disclosure of my/our personal information as described in the Privacy Policy. I am / We are aware that I/we have the option to unsubscribe if I/we do not wish to receive promotional and marketing materials. Vanguard Online® –Terms and Conditions of Use Application of the Terms and Conditions of Use Vanguard Investments Australia Ltd (ABN 72 072 881 086 / AFS Licence 227263) of Level 13, 130 Lonsdale Street, Melbourne 3000 VIC is the product issuer. These Terms and Conditions of Use apply to all use of Vanguard Online® and to all dealing between you and Vanguard via Vanguard Online®. All trading of new investments and products undertaken by you via Vanguard Online® will be conducted in accordance with the Investor Guide for Vanguard Personal Investor (IDPS Guide). A copy of the IDPS Guide is available here. Dealings conducted in respect of your existing investments and products via Vanguard Online® will be subject to the applicable Product Disclosure Statement (PDS) provided to you at the time of purchasing the relevant product or investment. These Terms and Conditions of Use are to be read in conjunction with the IDPS Guide, the PDS or Prospectus, as applicable, except that nothing in these Terms and Conditions of Use limits, restricts or varies the IDPS Guide or applicable PDS for your investments and products. By accessing Vanguard Online® and clicking “Accept”, you acknowledge and confirm that you have read, understood and agree: to the Terms and Conditions of Use, in respect of new investments and products, the IDPS Guide; and in respect of existing investments and products, the PDS or Prospectus for those investments and products. Changes to Terms We reserve the right to change these Terms and Conditions of Use at any time by posting the changes on Vanguard Online® or Vanguard 's website. We will endeavour to notify you of any changes to our Terms and Conditions of Use prior to such changes taking effect. However, you are responsible for keeping up to date of any changes by regularly reviewing these Terms and Conditions of Use. General advice warning We have not taken your or your clients' circumstances into account when preparing Vanguard Online® content so it may not be applicable to the particular situation you are considering. You should consider your and your clients' circumstances, as well as our IDPS Guide, or our PDS or Prospectus, before making any investment decision or recommendation. You can access our IDPS Guide, or our PDS or Prospectus, online or by calling us. In the event of any inconsistency between information on Vanguard Online® and the information contained in the IDPS Guide, PDS and/or Prospectus, the IDPS Guide, PDS and Prospectus will prevail. You should seek independent professional legal, financial, taxation, and /or other professional advice before making an investment decision. The information available through Vanguard Online® has been prepared in good faith and we accept no liability for any errors or omissions. Investments not guaranteed Investments are not guaranteed and may decrease in value. Past performance is not an indication of future performance. Accuracy of Information To the best of Vanguard 's knowledge, the information and material provided on Vanguard Online® is correct at the time of compilation. Vanguard does not warrant the accuracy, reliability or currency of that information and material. You should carefully check the date of compilation of the information and material (where relevant) to determine its currency. Your Vanguard Online® Account To register for a Vanguard Online® account, you will be required to create a username, security question and password (Access Details). Further, for authentication purposes, you will also be required to provide your Investor Number, postcode and email address. You agree to provide Vanguard with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You are responsible for maintaining the confidentiality of any account information, and for logging off of your Vanguard Online® account. You are fully responsible for all activities occurring under your Vanguard Online® account that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. You undertake not to reveal your Access Details or otherwise allow or cause unauthorised access to your Vanguard Online® account. If you become aware of any suspicious or unauthorized conduct concerning your Vanguard Online® account, you agree to contact Vanguard immediately. Vanguard will not be liable for any loss or damage arising from your failure to comply with this paragraph. Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials. You consent to such transmission; however, you have the option to unsubscribe if you do not wish to receive promotional and marketing materials. Please see our Privacy Policy for further details. Copyright, trademarks and intellectual property All text, graphics, sound and video files, downloads, podcasts, calculators, planning models and other content on Vanguard Online® are the intellectual property of Vanguard or its licensors (unless indicated otherwise) and may not be reproduced or distributed in any way or by any medium without Vanguard 's prior written permission. "Vanguard", "Vanguard Investments", "Vanguard Online", "Plain Talk", "LifeStrategy", "Smart Investing" and the ship logo are trade marks of The Vanguard Group, Inc. Vanguard's trade marks must not be reproduced or used in any way without Vanguard 's prior written permission and, in particular, must not be used in a way which is likely to mislead or deceive investors or which suggests an association or endorsement which does not exist or in any way which disparages or discredits Vanguard or any Vanguard related entity. Other trade marks appearing on this site are the exclusive property of their respective owners. Such trade marks include the following: Adobe and Adobe Acrobat are registered trademarks of Adobe Systems Incorporated. BPAY® is registered to BPAY Pty Ltd ABN 69 079 137 518. Microsoft Internet Explorer is a registered trademark of Microsoft Corporation. Limitations on use (e.g. bookmarking and linking) Individuals may bookmark or point to any page within Vanguard Online® for personal, non-commercial purposes only, subject to the restrictions outlined in these Terms and Conditions of Use. Other users may include a link to Vanguard Online® or our website by pointing to Vanguard's homepage only (http://www.vanguard.com.au), subject to the restrictions outlined in these Terms and Conditions of Use below. You must not: deliver any of the pages, text, images, or content of Vanguard Online® or Vanguard's website using "framing" technology without the express written permission of Vanguard; reproduce or use in any way any of Vanguard's trade marks; suggest an association or endorsement which does not exist; disparage or discredit Vanguard or any Vanguard related entity; or allow any advertising or communication between the link and the corresponding Vanguard Online® or Vanguard website page. Third party content Vanguard is in no way responsible for, and does not prepare or contribute to, the content of any website that may be linked to Vanguard Online® or Vanguard's website via hyperlink; whether the hyperlink is provided by Vanguard or by a third party. The fact that Vanguard has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorisation, sponsorship, or affiliation by Vanguard with respect to such website, its owners, providers, or services. You will use any such third party content at your own risk and you agree that Vanguard is not liable for any loss or damage that you may suffer by using third party websites or any content, advertising, products, or other materials in connection therewith. Foreign users Vanguard Online® is for Australian residents and investors and New Zealand investors investing through the Vanguard Index Funds Investment Statement. Vanguard Online® has not been constructed with any other country in mind, and Vanguard Online® or this website will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal. Investments will not be accepted from residents of other countries unless permitted by law. References to dollars are to Australian dollars unless otherwise specified. Withdrawals You can use Vanguard Online® to make a partial for full withdrawal of your existing Vanguard products and investments. Such withdrawals will be subject to the applicable PDS provided to you at the time of purchasing the relevant product or investment and our standard withdrawal terms and conditions. Please contact us here if you require further information about our withdrawal process and terms and conditions. Withdrawals of investments made through Vanguard Personal Investor can also be made through Vanguard Online® in accordance with the IDPS Guide. Liability Vanguard 's liability under these Terms and Conditions of Use is subject to any applicable laws, including without limitation the Australian Securities and Investments Commission Act 2001 (Cth) and the Competition and Consumer Act 2010 (Cth). However, to the extent permitted by law, we accept no liability whatsoever for any loss or damage arising in connection with access to Vanguard Online®. In particular, we do not accept liability arising in connection with: any errors or omissions; information being out of date; information being unsuited to your situation; access to Vanguard Online® being unavailable; viruses and any damage to your equipment or data as a result of accessing or downloading information from Vanguard Online®; any information, website or link created by a third party, to the extent permitted by law; actioning any Transaction Request or account management service request in accordance with your instructions; or your failure to comply with these Terms and Conditions of Use. In excluding liability, we do so on behalf of Vanguard Investments Australia Ltd and its related bodies corporate and all funds which they control or manage, as well as their respective directors, officers and employees. The only audited information contained on Vanguard Online® is the annual reports of the funds. Severability If any provision of these Terms and Conditions of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions of Use represent the entire agreement between you and Vanguard relating to the subject matter herein. Applicable Law and Venue The laws of Victoria, Australia, govern these Terms and Conditions of Use. You submit to the exclusive jurisdiction of the Courts of Victoria and you waive any right you have to object to an action being brought in the Courts of Victoria. Morningstar Data When you access Vanguard Online®, you may also have access to certain information that is provided via Morningstar. The following disclaimer applies to such information. © 2019 Morningstar, Inc. All rights reserved. Neither Morningstar, its affiliates, nor the content providers guarantee the data or content contained herein to be accurate, complete or timely nor will they have any liability for its use or distribution. Any general advice or ‘class service’ have been prepared by Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892) and/or Morningstar Research Ltd, subsidiaries of Morningstar, Inc, without reference to your objectives, financial situation or needs. Refer to Morningstar 's Financial Services Guide (FSG) for more information at www.morningstar.com.au/s/fsg.pdf. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Morningstar 's publications, ratings and products should be viewed as an additional investment resource, not as your sole source of information. Past performance does not necessarily indicate a financial product 's future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Some material is copyright and published under licence from ASX Operations Pty Ltd ACN 004 523 782. MarketSource™ Information Conditions of Use When you access Vanguard Online®, you may also have access to certain trading and stock information known as MarketSource™ that is provided to us by ASX Limited (ABN 98 008 624 691) (ASX). MarketSource™ information is made available to you on Vanguard Online® in accordance with the Vanguard Online® Terms and Conditions of Use and the MarketSource™ terms and conditions set out in this section. ASX 's document titled ‘ASX Market Information Products & Services Guide’ (the Guide) also sets out additional specific terms relating to use of MarketSource™ information. You can access a copy of the Guide at www.asxonline.com. 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Declaration By submitting, you consent to Services Australia verifying the authenticity of your passport details by sharing these details and your full name, date of birth and gender, if you're travelling on: an Australian passport, with the Australian Passport Office within the Department of Foreign Affairs and Trade a foreign passport with an Australian visa, with the Department of Home Affairs. You also consent to sharing your personal information, including vaccination information and passport details, with the Australian Passport Office to generate your certificate using ePassport technology. You have read the International COVID-19 Vaccination Certificate privacy notice and understand the information outlined in the notice. International COVID-19 Vaccination Certificate privacy notice This privacy notice outlines how we collect, use and disclose your personal information for the International COVID-19 Vaccination Certificate. on this page What information we use What information we collect What information we share How to correct your personal information Where to find more information Services Australia protects your personal information under the Privacy Act 1988. You can use the International COVID-19 Vaccination Certificate for international travel. It shows your COVID-19 vaccinations to foreign border authorities, airlines, travel agents, businesses and organisations outside of Australia. Your international certificate has a 2D barcode on it that foreign border authorities can scan, like a QR code. This allows them to verify that the Australian Government issued your certificate and it isn’t altered or forged. You can get an International COVID-19 Vaccination Certificate if you have a valid passport and have had either of the following: at least one COVID-19 vaccination dose in Australia and it’s recorded on the Australian Immunisation Register (AIR) at least one COVID-19 vaccination dose overseas and it’s recorded on the AIR. You can view, print or save your certificate as an offline document on your computer or device. If you use the Express Plus Medicare app, you can save your certificate to the app to view offline. Your international certificate contains sensitive health information. It’s your responsibility to keep it safe. Make sure you store it securely and only show it when you need to provide proof of your COVID-19 vaccinations. What information we use We use all of the following personal information to request your International COVID-19 Vaccination Certificate: your full name and date of birth from your Medicare, Individual Healthcare Identifier or AIR record your gender your COVID-19 vaccination details from your AIR record your passport details. What information we collect We collect your passport details from you to include on your certificate. This ensures that your international certificate complies with the International Civil Aviation Organization standards. It also means border authorities in other countries are likely to accept it as proof of your COVID-19 vaccinations. What information we share If you’re traveling on an Australian passport, we share your personal information and passport details with the Australian Passport Office. They’re part of the Department of Foreign Affairs and Trade. If you’re traveling on a foreign passport with an Australian visa, we share your personal information and passport details with the Department of Home Affairs. This is to verify the authenticity of your Australian Government issued document through the Australian Government Document Verification Service (DVS). Find out more about the Document Verification Service on the ID Match website. We then share your personal information, vaccination information and passport details with the Australian Passport Office. This allows them to generate your International COVID-19 Vaccination Certificate using ePassport technology. Once the Australian Passport Office generates your International COVID-19 Vaccination Certificate, they send it to us to give to you. The Australia Passport Office won’t hold any of your information. How to correct your personal information If any of the vaccination details on your certificate are incorrect, your vaccination provider needs to contact the Australian Immunisation Register to correct your details. You can also call them if you have any questions about your certificate. Where to find more information You can read more about your right to privacy. This includes information about how: we handle your personal information you can make a complaint about a breach of your privacy. We may update this privacy notice to reflect relevant developments, including in government policy or technology. Teta Mona online booking agreement Please agree to the following terms and conditions to continue booking PLEASE READ BELOW! Hello and thanks for booking dinner with us :) In line with the Victorian state regulation each guest must be fully vaccinated (double dose) for Covid-19 and have their certificate available upon entry. Unfortunately, guests unable to meet this requirement will be unable to attend and cancellation fees will apply. We are currently only offering Banquet share menu for dine-in during limited seating restrictions starting from $40pp Your table can choose the dishes to build the menu! Any guest dietary requirements can be catered for seperate to the banquet dishes chosen with substitute dishes. We are BYO wine and beer @ $5pp unlimited. (complementary BYO with cash payments!) Your reservation is confirmed. Bookings are 1 hour and 50 minutes maximum. Bookings at 8:30pm are 1 hour 30 minutes maximum. CASH ONLY TO SPLIT BILLS If you would like to make any changes or cancel your reservation, please do so before 2pm on the day of your booking. There is a $30 per person cancellation fee after 2pm on same day of booking. NO SHOW has a $50pp fee. License Agreement for Use of the UMLS Metathesaurus This Agreement is made by and between the National Library of Medicine, Department of Health and Human Services (hereinafter referred to as "NLM") and the LICENSEE. WHEREAS, the NLM was established by statute in order to assist the advancement of medical and related sciences, and to aid the dissemination and exchange of scientific and other information important to the progress of medicine and to the public health, (section 465 of the Public Health Service Act, as amended (42 U.S.C. section 286) and to carry out this purpose has been authorized to develop the Unified Medical Language System® (UMLS) to facilitate the retrieval and integration of machine-readable biomedical information from disparate sources; WHEREAS, the NLM's UMLS project has produced the UMLS Metathesaurus, a machine-readable vocabulary knowledge source, that is useful in a variety of settings; WHEREAS, the LICENSEE is willing to use the UMLS Metathesaurus at its sole risk and at no expense to NLM, which will result in information useful to NLM, may provide immediate improvements in biomedical information transfer to segments of the biomedical community, and is consistent with NLM's statutory functions, NOW THEREFORE, it is mutually agreed as follows: The NLM hereby grants a nonexclusive, non-transferable right to LICENSEE to use the UMLS Metathesaurus and incorporate its content in any computer applications or systems designed to improve access to biomedical information of any type subject to the restrictions in other provisions of this Agreement. The names and addresses of licensees authorized to use the UMLS products are public information. No charges, usage fees or royalties will be paid to NLM. LICENSEE is prohibited from distributing the UMLS Metathesaurus or subsets of it, including individual vocabulary sources within the Metathesaurus, except (a) as an integral part of computer applications developed by LICENSEE for a purpose other than redistribution of vocabulary sources contained in the UMLS Metathesaurus and (b) if permitted by paragraph 12 of this agreement. LICENSEE agrees to inform NLM prior to distributing any application(s) in which it is using the UMLS Metathesaurus and is encouraged to inform NLM of any difficulties encountered in using the UMLS Metathesaurus, and changes or enhancements to the UMLS Metathesaurus that would make it more useful to LICENSEE and its user groups. Within 30 days of the end of any calendar year in which LICENSEE makes use of the UMLS Metathesaurus, LICENSEE agrees to provide NLM with a brief report on the usefulness of the UMLS Metathesaurus in general and, if applicable, on the usefulness of CPT in the UMLS format in particular. LICENSEE is strongly encouraged to submit to NLM locally developed extensions to the UMLS Metathesaurus that are potentially useful to other UMLS users for consideration for potential inclusion in the UMLS Metathesaurus. NLM represents that the data provided under this Agreement were formatted with a reasonable standard of care, but makes no warranties express or implied, including no warranty of merchantability or fitness for particular purpose, regarding the accuracy or completeness of the data or that the machine-readable copy is error free. Therefore, LICENSEE agrees to hold NLM, the Government, and any organization contributing a vocabulary source to the UMLS Metathesaurus free from any liability resulting from errors in terminology or other data or on the machine-readable copy. NLM and such other organizations disclaim any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the UMLS Metathesaurus. NLM represents that its ability to continue to include certain vocabulary sources within the UMLS Metathesaurus is dependent on continuing contractual relations or agreements with the copyright holders for these vocabulary sources. Therefore, LICENSEE agrees to hold NLM and the individual copyright holder free from any liability resulting from the removal of any vocabulary source from future editions of the UMLS Metathesaurus. NLM reserves the right to change the type and format of its machine-readable data. NLM agrees to inform LICENSEE of any changes to the format of the UMLS Metathesaurus, EXCEPT the addition of entirely new data elements to the Metathesaurus, at least 90 days before the data are distributed. The presence in the UMLS Metathesaurus of vocabulary or data produced by organizations other than NLM does not imply any endorsement of the UMLS Metathesaurus by these organizations. LICENSEE shall acknowledge NLM as its source of the UMLS Metathesaurus, citing the year and version number, in a suitable and customary manner but may not in any way indicate or imply that NLM or any of the organizations whose vocabulary sources are included in the UMLS has endorsed LICENSEE or its products. Some of the Material in the UMLS Metathesaurus is from copyrighted sources. If LICENSEE uses any material from copyrighted sources from the UMLS Metathesaurus: a) the LICENSEE is required to display in full, prior to providing user access to the Metathesaurus or any of the vocabulary sources within the UMLS, the following wording in order that its users be made aware of these copyright constraints: "Some material in the UMLS Metathesaurus is from copyrighted sources of the respective copyright holders. Users of the UMLS Metathesaurus are solely responsible for compliance with any copyright, patent or trademark restrictions and are referred to the copyright, patent or trademark notices appearing in the original sources, all of which are hereby incorporated by reference."; to display a list of all of the vocabularies contained within the UMLS Metathesaurus that are used in the LICENSEE's application; and to indicate for each vocabulary any appropriate copyright notice and whether the entire contents is present or only a portion of it. b) the LICENSEE is prohibited from altering UMLS and other vocabulary source content contained within the UMLS Metathesaurus, but may include content from other sources in applications that also contain content from the UMLS Metathesaurus. The LICENSEE may not imply in any way that data from other sources is part of the UMLS Metathesaurus or of any of its vocabulary sources. c) the LICENSEE is required to include in its applications identifiers from the UMLS Metathesaurus such that the original source vocabularies for any data obtained from the UMLS Metathesaurus can be determined by reference to a complete version of the UMLS Metathesaurus. For material in the UMLS Metathesaurus obtained from some sources additional restrictions on LICENSEE's use may apply. The categories of additional restrictions are described below. The list of UMLS Metathesaurus Vocabulary Sources, which is part of this Agreement and is updated when each version of the Metathesaurus is released, indicates the category of additional restrictions, if any, that apply to each vocabulary source. LICENSEE should contact the copyright holder directly to discuss uses of a source vocabulary beyond those allowed under this license agreement. If LICENSEE or LICENSEE's end user has a separate agreement with the copyright holder for use of a UMLS Metathesaurus source vocabulary, LICENSEE or LICENSEE's end user may use vocabulary source content obtained from the UMLS Metathesaurus in accordance with the terms of the separate agreement. 12. 1. Category 1: LICENSEE is prohibited from translating the vocabulary source into another language or from producing other derivative works based on this single vocabulary source. 12. 2. Category 2: All category 1 restrictions AND LICENSEE is prohibited from using the vocabulary source in operational applications that create records or information containing data from the vocabulary source. Use for data creation research or product development is allowed. 12. 3. Category 3: LICENSEE's right to use material from the source vocabulary is restricted to internal use at the LICENSEE's site(s) for research, product development, and statistical analysis only. Internal use includes use by employees, faculty, and students of a single institution at multiple sites. Notwithstanding the foregoing, use by students is limited to doing research under the direct supervision of faculty. Internal research, product development, and statistical analysis use expressly excludes: use of material from these copyrighted sources in routine patient data creation; incorporation of material from these copyrighted sources in any publicly accessible computer-based information system or public electronic bulletin board including the Internet; publishing or translating or creating derivative works from material from these copyrighted sources; selling, leasing, licensing, or otherwise making available material from these copyrighted works to any unauthorized party; and copying for any purpose except for back up or archival purposes. LICENSEE may be required to display special copyright, patent and/or trademark notices before displaying content from the vocabulary source. Applicable notices are included in the list of UMLS Metathesaurus Vocabulary sources, that is part of this Agreement. 12. 4. Category 4: 12.4.1. LICENSEE is prohibited from translating the vocabulary source into another language or from altering the vocabulary source content. 12.4.2. LICENSEE's right to use the vocabulary source is restricted to use in the U.S. by LICENSEE's employees, contractors, faculty, students, clients, patients, or constituents within electronic systems or devices built, purchased, licensed, or used by LICENSEE for U.S. governmental purposes or for any health care, public health, research, educational, or statistical use in the U.S. Use by students is limited to research or educational activities under the direct supervision of faculty. 12.4.3. LICENSEE has the right to distribute the vocabulary source in the U.S., but only in combination with other UMLS Metathesaurus content. Further, LICENSEE's right to distribute is restricted to: Electronic distribution to LICENSEE's direct U.S. affiliates, or to other U.S. entities that have signed the UMLS license, in order to facilitate use of the vocabulary for health care, public health, research, educational or statistical purposes in the U.S. only. LICENSEE must take reasonable precautions to prevent distribution of the vocabulary source to non-US entities. LICENSEE must include in its annual report a list of all U.S. affiliates or other U.S. entities to whom it has distributed content from the vocabulary source. Distribution of encoded patient level data sets or knowledge encoded in the vocabulary source by LICENSEE to any U.S. entity for use in the U.S. only. Inclusion of encoded records or content from the vocabulary source in: (1) free publicly accessible retrieval systems or (2) fee-based retrieval systems that are accessible within the U.S. only, provided that these systems do not permit users to copy or extract any significant portion of the vocabulary source. 12.4.4. DEFINITIONS U.S. is defined as all U.S. states, territories, and the District of Columbia; any U.S. government facility or office, whether permanent or temporary, wherever located; and access to a system in any of these locations by U.S. government employees, designated representatives or contractors, wherever located, for U.S. government purposes. U.S. entity is defined as (i) for government entities, an agency or department of the U.S. Government, (ii) for corporations, as a corporation incorporated and operating in the U.S.; and (iii) for other entities as an entity organized under the laws of the U.S. LICENSEE shall take reasonable steps to ensure that anyone who has authorized access to data or vocabulary sources from the UMLS Metathesaurus under this Agreement complies with its provisions. LICENSEE and/or its end users shall be solely responsible for compliance with any copyright or other restrictions on vocabulary sources in the UMLS Metathesaurus; NLM assumes no responsibility or liability associated with the LICENSEE's (or any of the LICENSEE's users) use and/or reproduction of copyrighted material, patent or trademark violations. Anyone contemplating reproduction of all or any portion of the UMLS Metathesaurus or any of its vocabulary sources should consult legal counsel. The holder of a copyright in any vocabulary source shall be a third party beneficiary to this agreement and shall have a right to enforce the agreement against any LICENSEE that violates any provision pertaining to that copyright holder. This Agreement shall be effective until terminated by one of the parties upon 30 days written notice to the other party. LICENSEE's failure to abide by the terms of the Agreement shall be grounds for its termination. Neither the Government, its employees, or any vocabulary sources contained in the UMLS Metathesaurus shall be liable or responsible to LICENSEE in any manner whatsoever for damages of any nature whatsoever arising from the termination of this Agreement. In the event that any provision of this Agreement is determined to violate any law or is unenforceable, the remainder of the Agreement shall remain in full force and effect. SNOMED CT® AFFILIATE LICENSE AGREEMENT IMPORTANT NOTICE – PLEASE READ THE FOLLOWING CAREFULLY This is a License Agreement between (1) The International Health Terminology Standards Development Organisation, a private company limited by guarantee and established under the laws of England (registered number 09915820), with its registered office at One Kingdom Street, Paddington Central, London, W2 6BD (the "Licensor"), and (2) the person or organization to which the International Release of SNOMED CT (whether on its own or as part of a Member's National Release of SNOMED CT) is distributed or otherwise made available (the "Licensee"). By downloading, accessing or using any part of the International Release of SNOMED CT or a Member's National Release of SNOMED CT, or exercising any rights granted under this License Agreement, the Licensee agrees to be bound by the terms of this License Agreement. License Fees and other conditions and restrictions apply to the use of the International Release of SNOMED CT in a Non-Member Territory, and to the deployment, distribution and licensing of Licensee Products within a Non-Member Territory. In this regard the Licensee's attention is drawn in particular to clause 7 (License Fees) and clause 9 (Use in Member Territories and Non-Member Territories). 1. DEFINED TERMS In this License Agreement, terms defined in Appendix A (Defined Terms) have the meanings set out in that Appendix. 2. GRANT OF LICENSE The Licensor grants the Licensee, subject to the terms of this License Agreement, a perpetual (subject to revocation in accordance with clause 5), worldwide, non- exclusive, non-transferable license for the term of this License Agreement to: 2.1.1 use, and permit the Licensee's officers, employees, agents and contractors to use, the International Release; 2.1.2 create Extensions and Derivatives from the International Release and use and modify those Extensions and Derivatives; 2.1.3 incorporate the International Release into Licensee Products, and distribute Licensee Products under a sub-license in accordance with clause 2.1.5; 2.1.4 modify the manner of formatting of the copy of the SNOMED CT Core distributed to the Licensee as part of the International Release or as part of a Member's National Release; and 2.1.5 subject to clause 5.8, grant sub-licenses of the International Release to End Users to the extent necessary for the End Users to use the Licensee Products. 2.2 The Licensee may only use the International Release, and must ensure that its officers, employees, agents and contractors only use the International Release: 2.2.1 for the Licensee's internal business purposes (including the creation by the Licensee of Extensions, Derivatives and other Licensee Products along with the licensing and distribution by the Licensee of the Licensee Products); 2.2.2 in the development and operation of the Licensee's information systems; 2.2.3 for the Licensee's research purposes; and/or 2.2.4 in the Licensee's systems (including browsers and data analysis systems) made available to the general public for accessing and/or retrieving any part of the International Release and/or data encoded using the foregoing, provided that users of those systems are not able to extract any substantial portion of SNOMED CT and provided further that no fee is charged for access to those systems except where access is incidental to the provision of training or consulting services. 2.3 The Licensee is only permitted under this License Agreement to create Extensions from the International Release and to create Derivatives from the International Release and from those Extensions. The Licensee may only create an Extension or a Derivative from any Member's Extension pursuant to a license agreement with that Member in respect of the Member's National Release. 2.4 The Licensee is not permitted to translate any part of the International Release into any other human language without the prior written consent of the Licensor. 2.5 Each sub-license granted by the Licensee under clause 2.1.5 must: 2.5.1 not grant the End User any greater rights in respect of the International Release than the Licensee itself has under this License Agreement; 2.5.2 not permit the End User to do any act or thing in respect of the International Release that the Licensee is prohibited from doing under this License Agreement; 2.5.3 not permit the End User to sub-license or transfer any of its rights under the sub-license (unless the End User is also an Affiliate, in which case that Affiliate shall be entitled to sub-license further its rights under the sub- license with the Licensee, subject to the same restrictions as apply to sub- licensing the International Release under the Affiliate's license agreement with the Licensor); 2.5.4 terminate automatically upon termination of this License Agreement; 2.5.5 provide that the End User may apply directly to the Licensor upon receiving notice that the sub-license will terminate in accordance with clause 2.5.4, and that the Licensor may in such circumstances (but shall not be obliged to): (a) grant the End User a license in respect of the International Release for a limited period in order to enable the End User to continue to use the Licensee Products that are subject to the sub-license during that period; or (b) give the End User an assurance or undertaking that for a limited period the Licensor will not seek to prevent the End User from using the Licensee Products; and 2.5.6 permit the Licensee to disclose the terms of the sub-license to the Licensor in accordance with clauses 7 and 8. 2.6 If the Licensee becomes aware of any material error or change or correction needed in the International Release, the Licensee agrees to advise the Licensor promptly of such error, change or correction by following the Licensor's procedures for change notification that the Licensor prescribes by Regulations and notifies to the Licensee from time to time. 2.7 The Licensee shall comply with the Internet security measures that the Licensor prescribes by Regulations and notifies to the Licensee from time to time. 3. EXTENSIONS AND DERIVATIVES 3.1 The Licensee may not create any Standards-Based Extension or any Standards Based Derivative unless it has first been issued with a Namespace Identifier by or on behalf of the Licensor. 3.2 The Licensee may request that the Licensor issue it with a Namespace Identifier, and the Licensor shall not unreasonably refuse to do so taking into account amongst other things quality assurance, governance processes, Standards and Regulations. 3.3 The Licensee shall ensure that all Standards-Based Extensions and Standards Based Derivatives that the Licensee creates under this License Agreement are created in accordance with, and comply with, all applicable Standards (including, without limitation, as to the use of Namespace Identifiers). 3.4 Subject to clauses 3.5 and 3.6, the Licensee shall own all Intellectual Property Rights in all Extensions and Derivatives that the Licensee creates under this License Agreement. The Licensee may not assign or otherwise transfer those Intellectual Property Rights to any other person unless (i) that person is an Affiliate and, in the case of Standards-Based Extensions or Standards-Based Derivatives, has a Namespace Identifier; and (ii) the transfer is notified in writing to the Licensor within thirty (30) days after the transfer. 3.5 The Licensee shall, if requested by the Licensor, transfer to the Licensor or a Member nominated by the Licensor all of its Intellectual Property Rights in such Standards-Based Extensions (or parts thereof) as the Licensor may specify. 3.6 The Licensee shall, if requested by the Licensor and agreed by the Licensee in the Licensee's sole discretion, transfer to the Licensor or a Member nominated by the Licensor all of its Intellectual Property Rights in such Standards-Based Derivatives as the Licensor may specify. 3.7 Upon the transfer to the Licensor, or to a Member, of the Intellectual Property Rights in any Standards-Based Extension (or part thereof) or Standards-Based Derivative in accordance with clauses 3.5 or 3.6: 3.7.1 responsibility for the maintenance and distribution of that Extension (or part thereof) or Derivative shall also transfer from the Licensee to the Licensor or the Member (as the case may be); and 3.7.2 the Licensor hereby grants a license back to the Licensee from the Licensor or will procure from the Member a license back to the Licensee (as the case may be) of that Extension (or part thereof) or Derivative, on the same terms as apply to the International Release under clause 2 of this License Agreement, until that Extension (or part thereof) or Derivative becomes part of the International Release or the Member's National Release (as the case may be). 4. MODIFICATIONS TO THE INTERNATIONAL RELEASE 4.1 Subject to clause 2.1.4, the Licensee may not modify any part of the SNOMED CT Core distributed as part of the International Release or as part of a Member's National Release. 4.2 Subject to any express and specific statement to the contrary in the documentation distributed as part of the International Release, the Licensee may not modify any of the documentation (including Specifications) or software (unless provided in source code form) distributed as part of the International Release. 4.3 The Licensee may, by written notice, request the Licensor to modify the SNOMED CT Core. Upon receipt of such written notice, the Licensor shall consult with the Licensee and shall give due consideration as to whether the proposed modification should be made based on the Licensor's editorial guidelines and policies. Following due consideration of the matter, including consideration of any information presented by the Licensee, the Licensor shall inform the Licensee whether the proposed modification shall be made and if the Licensor agrees that the proposed modification should be made, the Licensor shall give a non-binding indication of when, reasonably and in good faith, it anticipates that the proposed modification will be made. If the Licensee would like the content of the proposed modification to be developed more quickly than the Licensor has indicated, the Licensee may itself undertake or procure the undertaking of the development of the content of the proposed modification (outside of any existing Licensor's support services contract). On receipt of the developed content of the proposed modification, the Licensor will then give due consideration as to whether the developed content meets the Licensor's quality assurance, other governance processes, Standards and Regulations. If the developed content meets the Licensor's quality assurance, other governance processes, Standards and Regulations then the Licensor shall incorporate the modification into the SNOMED CT Core according to its schedule which will give due consideration as to when the proposed modification shall be incorporated into the SNOMED CT Core, taking into account other proposals for the modification of the SNOMED CT Core and the work required to include the proposed modification in the SNOMED CT Core. 5. TERM AND TERMINATION 5.1 This License Agreement shall commence on the date on which it comes into effect in accordance with the notice at the beginning of this License Agreement, and shall continue until terminated in accordance with this clause 5. 5.2 Either party may terminate this License Agreement if the other party commits a material breach of any of its obligations under this License Agreement (which, in the case of the Licensee, shall include, without limitation, any failure to pay License Fees when due under clause 7) in accordance with the following procedure: 5.2.1 the party seeking to terminate the License Agreement (the "Terminating Party") shall serve an escalation notice (the "Escalation Notice") on the other party (the "Defaulting Party") requiring the Defaulting Party to nominate a member of its senior management team to meet with a member of the Terminating Party's senior management team to seek to resolve in good faith the matter giving rise to the service of the escalation notice. 5.2.2 The representatives of the parties identified in accordance with clause 5.2.1 shall meet in good faith to seek to resolve the matter. If they are unable to resolve the matter within 45 days of the date of the Escalation Notice the Terminating Party may serve a formal breach notice (the "Breach Notice") on the Defaulting Party requiring it to remedy the breach within 90 days. 5.2.3 If the Defaulting Party does not remedy the breach within 90 days of the date of the Breach Notice the Terminating Party may terminate the License Agreement by giving 180 days' written notice to the Defaulting Party (the "Termination Notice"). 5.3 Neither party may terminate this License Agreement except in accordance with this clause 5. 5.4 The Licensee may terminate this License Agreement by giving up to twelve (12) months' prior written notice to the Licensor. 5.5 Upon termination of this License Agreement in accordance with this clause 5, all licenses granted under this License Agreement shall automatically and immediately be revoked. 5.6 The Licensee shall, by no later than forty five (45) days after termination of this License Agreement for any reason, remove all copies of the International Release from its computer systems and destroy all copies of electronic, paper copy and other media containing or representing any part of the International Release. The Licensee shall, if requested by the Licensor, certify in writing to the Licensor that the Licensee has complied with its obligations under this clause 5.6. 5.7 The Licensee shall, as soon as reasonably practicable following either party giving a Termination Notice for any reason, and in any event by no later than ninety (90) days after such Termination Notice is given, give written notice of such termination to each End User that the Licensee reasonably believes to be a current user of a Licensee Product and to each Member in each Member Territory in which the Licensee has distributed or licensed any Licensee Product. 5.8 The Licensee may not grant any new sub-license under clause 2.1.5 after either party has given notice under clauses 5.2 or 5.4. 5.9 The Licensor shall be entitled to publicize the termination of this License Agreement to such persons (including Members, other Affiliates of the Licensor and End Users) and in such manner as it sees fit. 5.10 Clauses 5.6, 5.7, 5.8, 5.9, 5.11, 5.12, 7, 8 and 10 to 14 inclusive shall survive termination of this License Agreement. 5.11 The Licensee shall, by no later than thirty (30) days after termination of this License Agreement for any reason, submit a statement of account in accordance with clause 7.3 in respect of all periods that have not previously been covered by a statement of account under that clause. 5.12 Any termination of this License Agreement, for any reason, is without prejudice to the accrued liabilities of each party as at the date of termination (including, without limitation, any liability of the Licensee to pay License Fees that has accrued as at the date of termination), or to the Licensee's obligation to pay License Fees arising from the statement of account submitted under clause 5.11. 6. NEW VERSIONS AND CHANGES TO LICENSE TERMS 6.1 The Licensor shall notify the Licensee when each new version of the International Release is made available and there shall be a mechanism for the Licensee to access or obtain copies of the new version of the International Release. The Licensee shall be liable for any reasonable distribution charge, if applicable, established by the Licensor for each copy of the new version of the International Release. 6.2 Within one-hundred and eighty (180) days after the Licensor has notified the Licensee of the release of a new version of the International Release, the Licensee must upgrade the version of the International Release in its own systems and in the Licensee Products to that new version (or alternatively, if a subsequent version of the International Release is or has been released during the 180-day period, to that subsequent version at the Licensee's option). 6.3 The Licensor may vary the terms of this License Agreement by giving written notice to the Licensee. Any such variation shall take effect not less than ninety (90) days after the notice is given, as specified in the notice. If the Licensee does not wish this License Agreement to continue subject to the variation, the Licensee may terminate this License Agreement in accordance with clause 5.4, and if the Licensee gives notice of such termination before the variation takes effect then the variation shall not apply as between the Licensor and the Licensee. 6.4 The College of American Pathologists, as originator of Intellectual Property Rights in the International Release, shall as a licensee have a specific [exception] to the Licensor's rights in clause 6.3 in specific circumstances and for a specific fixed term period to be agreed with the Licensor, and the terms of such special [ exemption] shall be deemed part of such licensee's Affiliate License Terms. The Licensor will publish the terms of the special exemption with the Articles. 7. LICENSE FEES 7.1The Licensee shall pay the License Fees to the Licensor in respect of the Licensee's activities in Non-Member Territories. The License Fees shall be payable annually in arrear. 7.2 All License Fees and other amounts payable to the Licensor under this License Agreement are exclusive of value added tax and any other tax of a similar nature, which shall be payable by the Licensee at the prevailing rate in addition to those amounts. 7.3 The Licensee shall, at least once in each calendar year, submit a statement of account to the Licensor in such manner and form as the Licensor may prescribe from time to time, setting out the Licensee's activities in Non-Member Territories since the end of the period covered by the previous statement of account submitted under this clause 7.3 (or, in the case of the first statement of account under this clause 7.3, since the date on which this License Agreement became effective), and the Licensee's calculation of the License Fees and other amounts payable to the Licensor in respect of that period. Each such statement of account shall include, without limitation, a list of all license agreements in respect of Licensee Products that were in force during the period covered by the statement of account and, in relation to each such license agreement, the dates on which: (a) that license agreement was entered into or otherwise became effective; (b) the Licensee Product was first provided or made available to the licensee under that license agreement; and (c) the International Release (or any part of it) was first made available to the licensee under that license agreement. 7.4 The Licensee shall provide the Licensor with such information as the Licensor may reasonably request for the purpose of verifying any statement of account submitted to the Licensor under clause 7.3. 7.5 The Licensor shall, following receipt of a statement of account from the Licensee under clause 7.3, submit an invoice to the Licensee setting out the License Fees and other amounts payable by the Licensee in respect of the period to which the statement of account relates. The Licensee shall pay to the Licensor all amounts set out on each invoice submitted under this clause 7.5 within thirty (30) days of receipt of that invoice. The Licensee shall make payment under this clause 7.5 by wire transfer or by such other means as the Licensor may make available to the Licensee from time to time. 7.6 Interest shall accrue on any outstanding License Fees and other amounts at the rate of the lesser of (a) 500 basis points above the European Inter-Bank Offer Rate (EURIBOR), calculated daily from the date on which payment was due and compounding at the end of each calendar month or (b) the maximum amount allowed under applicable law. 8. PROTECTION OF THE LICENSOR'S INTELLECTUAL PROPERTY 8.1 Nothing in this License Agreement transfers to the Licensee any right, title or interest in or to the Intellectual Property Rights in the International Release or any part of it, or grants the Licensee any license in respect of the International Release or any part of it except as expressly set out in clause 2. 8.2 The Licensee shall not: 8.2.1 use any trademark or service mark (or any registrations thereof) other than the Licensor's trademarks, in any name that includes the word "SNOMED" or that is confusingly similar to SNOMED CT or any other similar trademark; 8.2.2 apply for any trade mark or service mark (or any registrations thereof) in any name that includes the word "SNOMED", or that is confusingly similar to SNOMED, SNOMED CT or any other similar trade mark; 8.2.3 abbreviate the marks SNOMED or SNOMED CT; or 8.2.4 do anything with respect to the foregoing trade marks that damages or could reasonably be deemed to reflect adversely on the Licensor or such trade marks. 8.3 The Licensee shall: 8.3.1 include the following notice on all media on which the Licensee Products are distributed and on the documentary form of each sub-license granted by the Licensee under clause 2.1.5: "This material includes SNOMED Clinical Terms® (SNOMED CT®) which is used by permission of the International Health Terminology Standards Development Organisation (IHTSDO). All rights reserved. SNOMED CT®, was originally created by The College of American Pathologists. "SNOMED" and "SNOMED CT" are registered trademarks of the IHTSDO." 8.3.2 specify in all media on which any Licensee Product is distributed the version and date of the International Release contained in the Licensee Product. 8.4 The Licensee shall be entitled to use the "SNOMED" and "SNOMED CT" trade marks only on the Licensee Products distributed and modified in accordance with this License Agreement and any services relating thereto but not otherwise and subject to the trade mark utilization Regulation developed by the Licensor and published by the Licensor from time to time. All use by the Licensee of the "SNOMED" and "SNOMED CT" trade marks, and all goodwill resulting from that use, shall inure to the Licensor's benefit. 8.5 The Licensee shall maintain quality standards with respect to modifying, supplementing, marketing and distributing the Licensee Products, and any services relating thereto, that are in accordance with applicable law and are at least as stringent as the Regulations developed by the Licensor and published by the Licensor from time to time. 8.6 Upon reasonable written notice from the Licensor, the Licensee shall provide the Licensor with representative samples of materials, software products, advertising, agreements for use of the Licensee Products (other than the terms of those agreements that are unrelated to the Licensor's rights and obligations under this License Agreement) and/or other written materials relating to the Licensee's use of the International Release and the Licensor's trade marks to enable the Licensor reasonably to ascertain the Licensee's compliance with its obligations under this License Agreement. In the absence of circumstances giving the Licensor reasonable grounds to suspect a breach of this License Agreement, the Licensor may not give notice under this clause 8.6 more frequently than once per year. 8.7 If any use of the International Release (including without limitation use through a Licensee Product) is reasonably determined by the Licensor to be below the standards of quality required under this License Agreement, the Licensor shall notify the Licensee of such deficiency in writing. Upon receipt of such notice, the Licensee shall take all necessary steps to correct such deficiency (including such steps as the Licensor may reasonably specify). 8.8 The Licensee shall maintain a complete, accurate and up-to-date register of all sub- licenses granted by the Licensee under clause 2.1.5, and shall make that register available for inspection during normal business hours by the Licensor and its representatives upon the Licensor giving not less than fourteen (14) days' prior written notice. The register maintained by the Licensee under this clause 8.8 shall at a minimum contain the following information in respect of each sub-license: the name and registered office of the sub-licensee; the Licensee Product subject to the sub-license; and the version of the International Release included in that Licensee Product. In the absence of circumstances giving the Licensor reasonable grounds to suspect a breach of this License Agreement, the Licensor may not give notice under this clause 8.8 more frequently than once per year. 9. USE IN MEMBER TERRITORIES AND NON-MEMBER TERRITORIES 9.1 The Licensee may only exercise its rights under this License Agreement in a Member Territory in accordance with such conditions as the Member for that Member Territory may prescribe from time to time. 9.2 Conditions prescribed by a Member under clause 9.1 may: 9.2.1 include, without limitation, a requirement that the Licensee notify the Member before exercising its rights under this License Agreement in that Member's territory and a requirement that the Licensee enter into a license agreement with the Member in respect of that Member's National Release; and 9.2.2 relate to the International Release, the Member's National Release or any part of either of them. 9.3 The Licensee shall notify the Licensor (and, if the Licensee's registered office or principal place of business is situated in a Member Territory, shall also notify the Member for that Member Territory) in writing before exercising its rights under this License Agreement in any Non-Member Territory in respect of which the Licensee has not previously given notice under this clause 9.3. The notice shall be in such form and manner as the Licensor may prescribe from time to time, and shall include such information about the Licensee's current and proposed activities in that Non- Member Territory as the Licensor may require (but the Licensor may require only the same kinds of information as it requires to be provided by new Affiliates proposing to use, license or deploy the International Release or Licensee Products in Non-Member Territories). 9.4 In any case where the Licensee gives notice to a Member in accordance with clause 9.3, the Licensee consents to that Member providing the content of that notice to the Licensor. 9.5 For purposes of this clause 9, the Licensee exercises its rights under this License Agreement in any Member Territory or Non-Member Territory if, without limitation, it: 9.5.1 performs any act permitted by this License Agreement in that Member Territory or Non-Member Territory (as the case may be); 9.5.2 deploys the International Release (or any part of it) or any Licensee Product in that Member Territory or Non-Member Territory (as the case may be); or 9.5.3 distributes or licenses a Licensee Product for use in, or to any person who is situated in, that Member Territory or Non-Member Territory (as the case may be). 10 AFFILIATE STATUS 10.1 During the term of this License Agreement the Licensee shall be an Affiliate. 10.2 As an Affiliate, the Licensee shall be entitled to participate in the Licensor's Vendor Liaison Forum, which is a forum in which the Licensee and other Affiliates may communicate with the Licensor and with each other. The Licensor may make Regulations from time to time governing the Licensee's participation in the Vendor Liaison Forum. New Regulations that the Licensor shall make from time to time governing participation in the Vendor Liaison Forum shall not remove the Licensee's right to participate in that forum. 11. REPRESENTATIONS AND WARRANTIES 11.1 To the extent permitted by law, the Licensor excludes all representations, warranties and conditions that would otherwise be implied by law in this License Agreement (including, without limitation, all implied warranties of quality or fitness for a particular purpose). 11.2 Without limiting clause 11.1, the Licensor does not represent or warrant that the International Release or any part of it will satisfy any of the Licensee's requirements, operate in combinations selected by the Licensee or be free from defects or errors. 12. LIMITATION OF LIABILITY 12.1 The Licensor shall not be liable to the Licensee or to any other person, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, for any of the following arising under or in connection with this License Agreement (including, without limitation, in respect of the Licensee's use of or inability to use the International Release or any part of it): 12.1.1 indirect or consequential loss; 12.1.2 special or punitive damages; 12.1.3 loss of profits, loss of savings and loss of revenue; 12.1.4 loss of business, loss of reputation and loss of goodwill; and 12.1.5 loss of data. 12.2 Neither the Licensor nor any Member shall be liable to the Licensee or any other person for any failure by the Licensor or the Member (as the case may be) to maintain or distribute any Extension (or part thereof) or Derivative transferred to the Licensor or the Member (as the case may be) in accordance with clauses 3.4 or 3.5. 12.3 The liability of the Licensor arising in any year under or in connection with this License Agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise, shall not in any event exceed the License Fees paid by the Licensee in respect of that year. 12.4 Nothing in this License Agreement excludes or limits the liability of either party for: 12.4.1 fraud (including fraudulent misrepresentation); 12.4.2 death or personal injury caused by the negligence of that party; 12.4.3 any breach of its obligations implied by section 12 of the Sale of Goods Act 1979; or 12.4.4 any other liability that by law cannot validly be excluded or limited (but only to the extent that the liability cannot validly be excluded or limited). 13. ASSIGNMENT 13.1 The Licensee may not assign, novate or otherwise transfer any of its rights or obligations under this License Agreement to any person without the prior written consent of the Licensor, not to be unreasonably withheld. 13.2 The Licensor may transfer all of its rights and obligations under this License Agreement to any person to whom the Licensor transfers the Intellectual Property Rights in respect of which the licenses under this License Agreement are granted. 14. GENERAL PROVISIONS 14.1 This License Agreement contains the entire agreement between the parties relating to the subject matter of this License Agreement, supersedes all previous agreements between the Parties relating to that subject matter and sets out the entirety of the Licensee's rights in respect of the International Release. 14.2 Each party acknowledges that, in entering into this License Agreement, it has not relied on any representation, warranty, collateral contract or other assurance made by or on behalf of the other party before the date of this License Agreement. 14.3 Except as provided in clause 6.3, this License Agreement may not be varied except in writing signed by both parties and expressed to vary this License Agreement. 14.4 Nothing in this License Agreement shall give either party the ability to act or incur obligations or liability on behalf of the other party or constitutes a joint venture, agency, partnership or employment relationship between the parties. 14.5 If any term of this License Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other term of this License Agreement, or the legality, validity or enforceability in any other jurisdiction of that or any other term of this License Agreement. 14.6 The Licensee agrees that the Licensor may appoint third parties to process personal data provided by the Licensee to the Licensor under or in connection with this License Agreement (including without limitation payment details provided in connection with the payment of License Fees). In connection with any such appointment, personal data provided by the Licensee may be transferred to, and processed in, a country outside the European Economic Area (EEA). The laws governing the processing of personal data may be less stringent in such a country than in the member countries of the EEA. 15. GOVERNING LAW AND JURISDICTION 15.1 This License Agreement shall be governed by, and construed in accordance with, English law. 15.2 The English courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this License Agreement (including a dispute regarding its existence, validity or termination). 15.3 Clause 15.2 is for the benefit of the Licensor only. As a result, the Licensor shall not be prevented from taking proceedings relating to any dispute in any other courts with jurisdiction. To the extent permitted by law, the Licensor may take concurrent proceedings in any number of jurisdictions. Appendix A Defined Terms In this License Agreement, the following defined terms have the following meanings: Term Meaning Affiliate an affiliate of the Licensor in accordance with the Licensor's Articles of Association; Cross-Map a work consisting of (i) SNOMED CT Content and (ii) content of another nomenclature, classification or knowledge structure, together with a set of relationships between (i) and (ii); Data Analysis System a computer system that is used to analyze records or other data that is encoded using SNOMED CT, but not if that system is also a Data Creation System; Data Creation System a computer system that is used to create records or other data that is encoded using SNOMED CT; Derivative a work consisting of (a) SNOMED CT Content, from the SNOMED CT CORE or an Extension; together with (b) either (i) additional properties and/or information about such SNOMED CT content; and/or (ii) any set of relationships between that SNOMED CT Content and content of other nomenclature, classification or knowledge structure, and includes a Cross-Map and a Sub-Set; End User a third party user of a Licensee Product; Extension a work consisting of SNOMED CT Content alone that is supplementary to the SNOMED CT Core and that depends on the SNOMED CT Core; Hospital a health care body or organisation providing secondary and/or tertiary care; Intellectual Property Rights patents, trade marks, service marks, copyright(including rights in computer software), moral rights, database rights, rights in designs, trade secrets, know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect in any jurisdiction; International Release the release produced and distributed by or on behalf of the Licensor, consisting of the SNOMED CT Core, the Specifications and the Licensor's Derivatives and other documents and software; License Fees the license fees set out in Appendix B (License Fees in Non-Member Territories); Licensee Products products distributed or licensed by the Licensee that(1) include or interoperate with the International Release (or any part of it) and/or any Extensions or Derivatives created by the Licensee under this License Agreement, or (2) read or write records or other data that is encoded using SNOMED CT; Member a member of the Licensor; Member Territory a territory that is represented by a Member (as published by the Licensor from time to time); Namespace Identifier a code or that part of a code that identifies theorganization responsible for creating and maintaining a Standards-Based Extension or a Standards-Based Derivative and is used as an element of SNOMED CT Identifiers; National Release in respect of each Member, the release produced and distributed by the Member, consisting of the International Release, the Member's Extensions, the Member's Derivatives and other documents and software; Non-Member Territory a territory that is not a Member Territory; Practice (a) a single department of a Hospital (subject to paragraph 2.2 of Appendix B); or (b) any health care body or organisation that provides principally primary care, including without limitation a pharmacy, an optician's facility, a physiotherapy centre, a general medical practice or a family medical practice; Qualifying Research Project a discrete research project that meets all of the following criteria: (a) it is supported by a formal proposal that has been peer reviewed; (b) it has been ethically approved in accordance with the prevailing legislation, regulations and guidelines in effect in the relevant territory; (c) it is conducted within a definite timeframe; (d) the results of the research are offered for publication in peer-reviewed public journals and are provided to the Licensor free of charge prior to publication; Regulations regulations made by the Licensor; Relationship a relationship, of a kind defined by the Licensor in Specifications, between concepts (which may be, without limitation, a hierarchical or an associative relationship) or between a concept and a description; SNOMED CT the concept-based work of clinical nomenclature and classification with multiple hierarchies and semantic definitions known as SNOMED Clinical Terms (SNOMED CT); SNOMED CT Content terminological content, consisting of concepts,descriptions and Relationships, each of which is identified using a SNOMED CT Identifier; SNOMED CT Core the SNOMED CT Content that is controlled, maintained and distributed by the Licensor from time to time; SNOMED CT Identifier a code, of a kind defined by the Licensor in Specifications, for identifying concepts, descriptions and Relationships; Specification specifications promulgated by the Licensor for products and processing relating to SNOMED CT, including specifications of the internal logic of SNOMED CT, editorial policies, guidelines and characteristics; Sponsored Territory a Non-Member Territory that has been recognized and designated by the Licensor as a sponsored territory (as published on the Licensor's web site); Standard a Specification that is formally adopted by the Licensor; Standards-Based in respect of an Extension or a Derivative, an Extension or Derivative the creation of which is the subject of one or more Standards; and Sub-Set a sub-set of SNOMED CT Content that is grouped together for one or more purposes. Appendix B License Fees in Non-Member Territories 1. Introduction 1.1 This Appendix B sets out the license fees payable by the Licensee in respect of its activities in Non-Member Territories. 1.2 The license fees set out in this Appendix B do not apply in respect of the Licensee's activities in any Non-Member Territory if that Non-Member Territory is a Sponsored Territory or was a Sponsored Territory at the time when the Licensee's activities in that Non-Member Territory were carried out. 1.3 The Licensor may, in its sole discretion, waive the Licensee's obligation to pay any or all of the license fees set out in this Appendix B if the Licensor considers that the Licensee's activities in any Non-Member Territory are in support of charitable or humanitarian causes in that Non-Member Territory. Any waiver by the Licensor under this paragraph 1.3 may be revoked by the Licensor at any time, shall be without prejudice to any of the Licensor's other rights and remedies under this License Agreement and shall not relieve the Licensee of any of its other obligations under this License Agreement. 1.4 Beginning in 2015, license fees payable by the Licensee in respect of its activities in Non-Member Territories for each financial year shall be adjusted by the same percentage as the General Assembly of the Licensor agrees to adjust the Aggregate Annual Fee (as defined in the Licensor's Articles of Association) relative to the Aggregate Annual Fee in the previous year. 1.5 The license fees in respect of Hospitals that are set out in this Appendix B apply only to Hospitals that are located on a single contiguous physical site. Any Hospital that is located on multiple physical sites shall be treated as falling within paragraph 4 of this Appendix B (and not within paragraphs 2 or 3). 1.6 For purposes of this Appendix B, if a Practice is located on multiple physical sites then each such site is treated as a separate Practice. 1.7 Notwithstanding anything else in this Appendix B, the deployment, distribution or licensing of any software that operates on a mobile device of any kind (including without limitation a mobile phone or tablet device), or any software or service that is accessed via the internet and enables users to extract or download any substantial portion of SNOMED CT, shall be treated as falling within paragraph 4 of this Appendix B (and not within paragraphs 2 or 3). 1.8 The Licensee's obligation to pay license fees in respect of any deployment of the International Release or any Licensee Product is not dependent on that deployment of the International Release or Licensee Product being used in a live or production environment. 1.9 In any case where the Licensee is exempt from the requirement to pay license fees by reason of a Licensee Product, a Data Analysis System or a Data Creation System being used exclusively in connection with a Qualifying Research Project, the Licensee shall report to the Licensor on the progress of that Qualifying Research Project in such manner as the Licensor may reasonably require. The Licensor may revoke the Licensee's exemption for Qualifying Research Projects provided in this Appendix B if the Licensee fails to comply with this paragraph 1.9. 2. Data Creation Systems 2.1 The Licensee shall pay the following fees in respect of each Hospital or Practice in a Non-Member Territory in or to which the Licensee: (a) deploys the International Release (or any part of it) or any Licensee Product that contains the International Release (or any part of it) in a Data Creation System, unless that Data Creation System is used exclusively in connection with a Qualifying Research Project; or (b) deploys, distributes or licenses a Licensee Product that is or includes a Data Creation System, unless that Licensee Product is used exclusively in connection with a Qualifying Research Project. Fee Band Fee Hospital in Band A Territory US$ 1,954 per annum baseline fee adjusted as per paragraph 1.4 Hospital in Band B Territory US$ 1,303 per annum baseline fee adjusted as per paragraph 1.4 Hospital in Band C Territory US$ 652 per annum baseline fee adjusted as per paragraph 1.4 Practice in Band A, B or C Territory US$ 652 per annum baseline fee adjusted as per paragraph 1.4 Hospital or Practice in Low Income Band US $0 per annum baseline fee, adjusted as per paragraph 1.4 Hospital or Practice in other territory As per paragraph 5.2. 2.2 The total fees payable by the Licensee in respect of a number of Practices that are departments of a single Hospital shall not exceed the fee applicable to the Hospital itself. For purposes of this Appendix B, a Practice is treated as a department of a Hospital only if: (a) it is located on the premises of that Hospital; and (b) it is funded solely by that Hospital. In any case where either or both of the conditions in the preceding sentence are not met in respect of any Practice, fees shall be payable in respect of that Practice in addition to any fees that are payable in respect of any Hospital. 3. Data Analysis Systems 3.1 The Licensee shall pay the fees set out in paragraph 3.4 if the Licensee: (a) deploys the International Release (or any part of it) or any Licensee Product that contains the International Release (or any part of it) in a Data Analysis System in a Non-Member Territory, unless that Data Analysis System is used exclusively in connection with a Qualifying Research Project; or (b) deploys, distributes or licenses a Licensee Product that is or includes a Data Analysis System in a Non-Member Territory, unless that Licensee Product is used exclusively in connection with a Qualifying Research Project. 3.2 The fees set out in paragraph 3.4 apply in respect of each deployment, distribution or license of the International Release (or any part of it), a Licensee Product or a Data Analysis System, and vary according to the Non-Member Territory in which the deployment, distribution or licensing takes place. 3.3 If any Data Analysis System to which the fees in paragraph 3.4 apply consists of more than one database, the fees applicable to that Data Analysis System shall be multiplied by the number of databases in that Data Analysis System. 3.4 The fees under this paragraph 3 are as follows: Fee Band Fee Band A Territory US$ 1,954 per annum baseline fee adjusted as per paragraph 1.4 Band B Territory US$ 1,303 per annum baseline fee adjusted as per paragraph 1.4 Band C Territory US$ 652 per annum baseline fee adjusted as per paragraph 1.4 Low Income Band US $0 per annum baseline fee, adjusted as per paragraph 1.4 Other territory As per paragraph 5.2. 4. Other Activities 4.1 The Licensee shall notify the Licensor in writing before deploying the International Release (or any part of it) or deploying, distributing or licensing any Licensee Product (in each case, other than exclusively in connection with Qualifying Research Projects) in, for use in, or to any person situated in, any Non-Member Territory in a manner that does not fall within paragraphs 2 to 3 of this Appendix B, explaining the Licensee's proposed activities. 4.2 Upon receiving notice from the Licensee under this paragraph 4, the Licensor may request, and the Licensee shall provide, such additional information in relation to the Licensee's proposed activities as the Licensor considers reasonably necessary to determine an appropriate license and reasonable fee in respect of the Licensee's proposed activities. 4.3 The Licensee shall be liable to pay such license fees as the Licensor may determine in accordance with this paragraph 4. 5. Non-Member Territory Bandings 5.1 The allocation of a Non-Member Territory into Band A, Band B, Band C, or Low Income Band shall be as determined by the Licensor (based on the Non-Member Territory's relative Gross National Income (GNI) or other measure adopted by the Licensor) and published by the Licensor on its web site. 5.2 The Licensee shall notify the Licensor in writing before carrying out any activity of a kind described in paragraphs 2 or 3 of this Appendix B in a Non-Member Territory that has not been allocated by the Licensor under paragraph 5.1. Upon receiving notice from the Licensee under this paragraph 5.2, the Licensor shall allocate the Non-Member Territory as described in paragraph 5.1. GiveWell Cookies Policy Cookies and similar technologies We use cookies and similar tracking technologies, such as pixels and web beacons (collectively referred to as cookies), when you visit our website or make an online donation. We might store some information on your computer in the form of a “cookie” (i.e., a small piece of text that stores information on your browser in your computer’s hard drive) or similar file (pixel or web beacon). We use cookies for our website’s functionality and to expand functionality, analyze trends, gather broad demographic information, and monitor site traffic patterns that can help us further develop and improve the design and functionality of our site and our marketing. We also use cookies to facilitate targeted advertising. GiveWell uses the following types of cookies: Strictly Necessary These cookies enable necessary website functionality such as donation forms, surveys, the comment feature on our blog, and other interactive features on our sites. This type of cookie also remembers users' preferences, such as for a font size. Advertising These cookies enable us to deliver advertising content to our audience and evaluate the effectiveness of our marketing efforts. Analytics These cookies track information about how users interact with our site, such as the pages they view, how much time they spend on the site, whether or not they found our site via a link on another website, and whether they are a new or returning visitor to our site. If you prefer, you can usually set your browser to refuse cookies, or to notify you when you receive a new cookie. MongoDB Privacy Policy This Privacy Policy was last revised on 20 July 2020. 1. Purpose of this Privacy Policy. MongoDB, Inc. is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website located at MongoDB.com and in connection with our MongoDB products and services (the "Products"). In addition, this Privacy Policy tells you about your privacy rights and how the law protects you. This website and our Products are not intended for children and we do not knowingly collect data relating to children. It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them. 2. Controller and Contact Details. MongoDB Inc. (collectively referred to as “MongoDB,” “we,” “us” or “our” in this Privacy Policy) is the controller of Personal Data submitted in accordance with this Privacy Policy and is responsible for that Personal Data. We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our DPO at privacy@mongodb.com. You or your authorized agent may also submit requests to exercise your legal rights by calling 1-866-692-1371, or submitting the webform available at www.mongodb.com/legal/privacy-policy/request-for-deletion 3. Types Of Data We Collect. We collect Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications, when you download and use our Products, and when you register for white papers, web seminars, and other events hosted by us. "Personal Data" means data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you, including, for example, identifiers such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, or other similar identifiers; commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement; and any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). For details about the precise data points we collect and the categories of sources of such collection, please see Section 4.1 below. 3.1 Personal Data You Provide to Us. We collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, professional title, and company name, and password (identifiers and professional or employment-related information) when you download and install the Products, create an account to log in to our network, or sign-up for our newsletter or other marketing material (internet/electronic activity). When you order Products on our website, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information (identifiers and financial information). We also retain information on your behalf, such as files and messages that you store using your account (Internet electronic activity). If you provide us feedback or contact us via e-mail or submit a response to an employment opportunity posted on our website, we will collect your name and e-mail address (identifiers), as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume (professional or employment related information). When you participate in one of our surveys, we may collect additional profile information. When you post messages on the message boards of our website, the information contained in your posting will be stored on our servers and other users will be able to see it (Internet/electronic activity). We also collect other types of Personal Data that you provide to us voluntarily, such as operating system and version, Product version numbers, and other requested information if you contact us via e-mail regarding support for the Products (commercial information or Internet/electronic activity). We may also collect Personal Data, such as demographic information, from you via the Products or at other points in our website that state that Personal Data is being collected. 3.2 Personal Data Collected Via Technology. To make our website and Products more useful to you, our servers (which may be hosted by a third party service provider) collect Personal Data from you, including browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit (identifiers, commercial information or Internet/electronic activity). 3.3 Personal Data Collected Via Cookies. We also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed (Internet/electronic activity). Like most technology companies, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account on our network. "Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. Persistent Cookies can be removed by following Internet browser help file directions. You may choose to refuse or disable Cookies via the settings on your browser, however by doing so, some areas of our website may not work properly. 3.4 Personal and/or Anonymous Data Collected By Third Parties. (a) We may receive Personal and/or Anonymous Data about you from other sources, including companies that provide our Products by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website ("Third Party Companies"). Those Third Party Companies may supply us with Personal Data, such as your calendars and address book information, in order to help us establish the account. We may add this information to the information we have already collected from you via our website in order to improve the Products we provide. (b) Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, another entity may collect Personal Data or Anonymous Data from you. (c) We have no control over, do not review, and cannot be responsible for, outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites. You may determine whether or not we are responsible for the content of a website by reviewing the URL and confirming the ownership of the applicable domain by means of a service such as DNSstuff.com. 3.5 Personal Data That We Collect From You About Others. If you decide to create an account for and invite a third party to join our network, we will collect your and the third party's names and e-mail addresses (identifiers) in order to send an e-mail and follow up with the third party. You or the third party may contact us at privacy@mongodb.com to request the removal of this information from our database. 4. Use Of Your Data. 4.1 General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the ways set out in the table below where we also detail the legal bases we rely on to do so: Purpose/Activity Type of Data Bases for Processing including basis of legitimate interest Third Party Recipients (further details provided in Section 6 of this document To register you as a new customer and provide administration of our website and Products (a) Identifiers (b) Financial Information (a) Performance of a contract with you (b) Necessary for our legitimate interests Our affiliates Service Providers Third parties To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey (a) Identifiers (b) Contact (c) Profile (d) Marketing and commercial Communications (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests Our affiliates Service Providers Third parties To enable you to partake in a prize draw, competition or complete a survey (a) Identifier (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (a) Performance of a contract with you (b) Necessary for our legitimate interests Our affiliates Service Providers Third parties To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identifier (b) Contact (c) Technical (a) Necessary for our legitimate interests (b) Necessary to comply with a legal obligation Our affiliates Service Providers Third parties To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identifier (b) Contact (c) Profile (d) Internet or other electronic activity (e) Marketing and Commercial information (f) Technical Necessary for our legitimate interests Our affiliates Service Providers Third parties To use data analytics to improve our website, products/services, marketing, customer relationships and experiences (a) Identifier (b) Profile (c) Technical (d) Internet or other electronic network activity Necessary for our legitimate interests Our affiliates Service Providers Third parties To make suggestions and recommendations to you about goods or services that may be of interest to you (a) Identifier (b) Contact (c) Technical (d) Internet or other electronic network activity (e) Profile Necessary for our legitimate interests In some contexts, we will ask for explicit consent Our affiliates Service Providers Third parties 4.2 Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name and IP address) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Products and improve site navigation, and for marketing and analytics. We reserve the right to use and disclose Anonymous Data to Third Party Companies in our discretion. 4.3 Feedback. If you provide feedback on any of our Products or our website, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data. We will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy. 5. Disclosure Of Your Personal Data. 5.1 Disclosure to Affiliates. We may share some or all of your Personal Data with other companies under our common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires us or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. We may also disclose your Personal Data to third parties in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets. 5.2 Disclosure to Third Party Service Providers. MongoDB does not and will not sell your Personal Data. Except as otherwise stated in this policy, we do not generally share the Personal Data that we collect with other entities. However, we may share your Personal Data -- including each category of Personal Data described above -- with third party service providers to: (a) provide you with the Products that we offer you through our website; (b) process payments; (c) conduct quality assurance testing; (d) facilitate creation and maintenance of accounts; (e) collect and analyze data; (f) provide technical support; or (g) provide specific business services, such as synchronization with other software applications and marketing services. These third party service providers are required by written agreement not to retain, use, or disclose your Personal Data other than to provide the services requested by us. 5.3 Disclosure to Other Third Party Companies. We will not disclose your Personal Data to other Third Party Companies unless you have "opted-in" by following the instructions we provide to allow such disclosure, such as by registering for an event where we have notified you that we share attendee information with third-party sponsors of the event. If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences. The privacy policies of our Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of our Third Party Companies, you should read and understand their privacy policies. 5.4 Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), we may disclose Personal Data if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; (b) protect or defend our rights or property or the rights or property of users of the Products; or (c) protect against fraud and reduce credit risk. 6. Your Choices Regarding Your Personal Data. We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our site or the purchase of our Products. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information above). Despite your indicated e-mail preferences, we may send you notices of any updates to our Privacy Policy. 7. Your Legal Rights regarding your Personal Data. Under certain circumstances, you may have rights under applicable data protection laws in relation to your Personal Data. Where applicable, you may have the right to: Request information about how we collect, process, use and share your Personal Data (commonly known as a “right to know request”). Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it. Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request erasure of your Personal Data (commonly known as a “request to be forgotten”). This enables you to ask us to delete or remove Personal Data. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply in full with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the above rights please contact privacy@mongodb.com or 1-866-692-1371, or fill out the webform available at www.mongodb.com/legal/privacy-policy/request-for-deletion. You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights), and MongoDB does not discriminate based on whether you choose to exercise your choice and rights. We will not, based on your exercise of rights, deny our Products to you, charge you different rates, provide a different level or quality of Products to you, or suggest that you may receive such different treatment. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. As part of the verification process, we match the information submitted as part of your request against information stored by MongoDB. In some instances, we will require additional information in order to verify your request. If an authorized third party makes a data subject request on your behalf, we will require sufficient written proof that you have designated them as your authorized agent. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. You also have the right to lodge a complaint with a data protection authority if you consider that the processing of your personal information infringes applicable law. If you have any questions, concerns or complaints regarding our compliance with this notice and applicable data protection laws, we encourage you to first contact our Data Protection Officer. We will investigate and attempt to resolve complaints and disputes and will make every reasonable effort to honour your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws. 8. Security Of Your Personal Data. Unfortunately, the transmission of information via the internet is not completely secure. Although we are committed to protecting your Personal Data, we cannot guarantee the security of your information transmitted to our site; any transmission is at your own risk. Once we have received your information, we use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Please do not disclose your account password to unauthorized people. We have put in place procedures to deal with any suspected Personal data breach and will notify you and any applicable regulator of a breach where required to do so. 9. Data Retention. We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. 10. Dispute Resolution. If you believe that we have not adhered to this Privacy Policy, please contact us by e-mail at legal@mongodb.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If we are unable to reach a resolution to the dispute, we will settle the dispute exclusively under the rules of the American Arbitration Association. 11. Changes To This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us or by prominently posting notice of the changes on our website. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our website and Products. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website or Products, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. 12. Transfers of Personal Data outside the EEA. Your personal information may be transferred and stored in countries outside the EU, that are subject to different standards of data protection. MongoDB will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests, including through the use of standard contractual clauses. Additionally, MongoDB uses a limited number of third-party service providers to assist us in providing our services to customers. These third parties may access, process, or store Personal Data in the course of providing their services. MongoDB obtains contractual commitments from them to protect your Personal Data. 13. Accessibility. We are committed to making our products and services accessible to everyone. If you need help with your accessibility-related requests and other servicing needs please contact us at privacy@mongodb.com or 1-866-692-1371. 14. Online Tracking. MongoDB does not respond to do-not-track signals because we are not aware of a signal that demonstrates the consumer’s intention to not be tracked versus a preset browser setting. Should a uniform standard be adopted, we will be open to considering how best to implement it. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. MongoDB Cloud Terms of Service Last updated: June 24, 2021. To see what has changed in this Agreement, click here. MongoDB, Inc., MongoDB Limited, and MongoDB Serviços de Software No Brasil LTDA (“we,” “us,” or “our”) are pleased to offer certain web services (“Cloud Services”) according to the terms and conditions in this Agreement (“Agreement”). If you are located in the Americas (excluding Brazil and the Caribbean) or Japan, your counterparty is MongoDB, Inc.; if you are located in Brazil, your counterparty is MongoDB Serviços de Software No Brasil LTDA; if you are located anywhere else (including the Caribbean), your counterparty is MongoDB Limited. By creating an account to use the Cloud Services, you agree to this Agreement. If you represent an organization, you represent and warrant that you are authorized to agree to this Agreement on behalf or your organization. If you do not agree to this Agreement, do not use the Cloud Services. 1. Cloud Services. You may access and use our Cloud Services in accordance with this Agreement. The service level agreements we currently offer with respect to MongoDB Cloud Services are located at: https://www.mongodb.com/cloud/sla. The Cloud Services may include features or services that have separate rules specific to the feature or service. You will comply with all laws, rules and regulations applicable to the use of the Cloud Services and any additional feature or service you use. You understand and agree that we may change, suspend or discontinue any part or all of the Cloud Services. We will notify you of any material change to or discontinuation of the Cloud Services by email or via our website. Some Cloud Services may be in preview, testing, or “beta” phase (each, a “Beta Offering”), for the purpose of evaluating performance, identifying defects and obtaining feedback. MongoDB will not be liable for any damages in connection with your use of any Beta Offering. You are not required to use any Beta Offering, and we have no obligation to release a final version of any Beta Offering. If you purchase support for the Cloud Services (“Support”), we will provide you with Support in accordance with the applicable support policy on our website, currently available at https://www.mongodb.com/support-policy. We may modify our support policy from time to time. Each time you register to receive Support, you are obligated to pay for a minimum of 30 days of Support. If you promptly or repeatedly re-register for Support after terminating it, we may charge you for the time period in which your Support was inactive or refuse to provide you Support. 2. Registration and Your Account. To register to use the Cloud Services, you must create a username and password and provide us with the information requested in the registration process. You must provide complete and accurate information during the registration process and will update your information to ensure it remains accurate. 3. Consulting Services. If you purchase consulting or professional services for the Cloud Services (“Consulting Services”), you will provide MongoDB with reasonable assistance and information to facilitate scheduling and performance of the Consulting Services. You will also appoint an engagement manager to help ensure effective delivery of the Consulting Services. Consulting Services and any work provided to you as a part of the Consulting Services, including any report (a “Deliverable”), are accepted when delivered. We may engage qualified subcontractors to provide the Consulting Services. We grant you a royalty-free, perpetual, nontransferable and nonexclusive license to use and reproduce any Deliverables for your internal business purposes. 4. Your Data. (a) You will ensure that your data, and your use of it, complies with this Agreement and any applicable law. You will not store or process protected health information using the Cloud Services unless you sign a Business Associate Agreement with us. If you include payment cardholder information in your use of the Cloud Services, MongoDB will maintain all applicable Payment Card Industry Data Security Standard requirements. We may deactivate your M0 (Free Tier) MongoDB Atlas cluster if you do not use it for 30 days, after which we will use commercially reasonable efforts to allow you to reactivate the cluster by request to us. (b) Data Processing. The parties will comply with the MongoDB Data Processing Agreement (“DPA”) available at https://www.mongodb.com/legal/dpa, which is incorporated into this Agreement. (c) Security. Each party has obligations with respect to the security of the Cloud Services. We will implement and maintain appropriate technical and organizational security measures. The current technical and organizational security measures are described at https://www.mongodb.com/technical-and-organizational-security-measures. You are responsible for properly configuring and using the Cloud Services and taking your own steps to maintain appropriate security, protection and backup of your data. You will not disclose your User credentials to any unauthorized persons. You are responsible for all activities in your account, regardless of whether undertaken by you, your employees or a third party (including contractors or agents). We and our affiliates are not responsible for unauthorized access to your account unless caused by our breach of this Agreement. You will contact us immediately if you believe unauthorized activity has occurred in your account or if your account information is lost or stolen. 5. Payment and Taxes. (a) Services Fees. We calculate and bill fees and charges as described on the site specific to the Cloud Service you are using. For monthly charges, we may bill you more frequently for fees accrued if we believe there is a risk of non-payment or if we suspect that your account is fraudulent. If you choose monthly billing by credit card, you authorize a recurring monthly charge to your credit card based on our current fee schedule for the Cloud Services or Support, as applicable. You will pay us the applicable fees and charges for use of the Cloud Services, Support or Consulting Services as described on the applicable site using your credit card. All amounts payable for the Cloud Services, Support or Consulting Services will be made without setoff or deduction, and all amounts paid are non-refundable. We may increase or add new fees and charges for a Cloud Service, Support or Consulting Services by updating the applicable site. In the event that we change the pricing for the Cloud Services, Support or Consulting Services, the fees payable by you will increase or decrease in accordance with any such modification upon the date specified on the applicable site. We may charge you interest at the rate of 1% per month or the highest rate permitted by law on any late payment. (b) Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority. 6. Term and Termination. (a) Term; Termination. The term of this Agreement commences when you create an account and will remain in effect until terminated in accordance with this Agreement. You may terminate this Agreement by terminating all Cloud Services under your account, and we may terminate this Agreement for any reason by providing you 30 days’ advance notice. We may also terminate your account and this Agreement, or suspend your access to the Cloud Services, immediately if: (i) we change the way we provide or discontinue any Cloud Service; (ii) you are late in payment or otherwise in breach of this Agreement; (iii) we reasonably determine that your use of the Cloud Services poses a risk to the availability, functionality or security of the Cloud Services; (iv) we reasonably determine that your use of the Cloud Services may be unlawful; or (v) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding. If we suspend your right to access or use any portion or all of the Cloud Services, you remain responsible for all fees and charges you have incurred during the suspension and you will not be entitled to any credit or refund. We will use commercially reasonable efforts to restore your access to the Cloud Services promptly following resolution of the cause of your suspension. We may suspend or terminate your access to or use of any Beta Offering at any time and for any reason. (b) Effect of Termination. Upon termination of this Agreement (i) all your rights under this Agreement immediately terminate; and (ii) you remain responsible for all fees and charges you have incurred up to and including the date of termination. We have no obligation to continue to store the data contained in backup snapshots or in a MongoDB Atlas cluster that you have terminated or after termination of this Agreement. 7. Intellectual Property Rights and Ownership. (a) Your Data. You represent and warrant to us that: (a) you have all rights in your data necessary to grant the rights contemplated by this Agreement; and (b) none of your data violates this Agreement, any applicable law or any third party’s intellectual property or other right. (b) Our Service. You may not: (i) modify, alter, tamper with, repair, or create derivative works of any software included in the Cloud Services; (ii) reverse engineer, disassemble, or decompile the Cloud Services or apply any other process or procedure to derive the source code of any software included in the Cloud Services; (iii) access or use the Cloud Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; (iv) resell or sublicense the Cloud Services; (v) use the Cloud Services in connection with any fork or derivative work of the MongoDB database; (vi) attempt to disable or circumvent any security mechanisms used by the Cloud Services; (vii) use the Cloud Services in a way that poses a risk to the Cloud Services or any third party; or (viii) use the Cloud Services unlawfully. (c) No Other Rights. This Agreement does not transfer any right, title or interest in any intellectual property to any party, except as expressly set forth in this Agreement. You are not obligated to provide us with any suggestions or other feedback about the Cloud Services or otherwise, but if you do, we may use and modify this feedback without any restriction or payment. (d) Customer may use any confidential or proprietary information that MongoDB provides to Customer (“MongoDB Information”) only to evaluate the Cloud Services or Consulting Services and will use a high degree of care to avoid disclosure of MongoDB Information. Customer will not disclose MongoDB Information to any third party without MongoDB's prior written consent. Customer’s confidentiality obligations will continue for three years after this Agreement terminates. 8. No Warranty. The Cloud Services, including Beta Offerings, Support, and Consulting Services, including any Deliverables, are provided on an "AS IS" and "AS AVAILABLE" basis and with no representation or warranty of any kind. Except to the extent prohibited by law, we disclaim any implied or statutory warranty, including any implied warranty of merchantability or fitness for a particular purpose, and any warranty arising out of any course of dealing or usage of trade. 9. Limitation of Liability. We and our affiliates and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use or data). We and our affiliates and licensors will not be responsible for any compensation, reimbursement or direct damages arising in connection with: (a) your inability to use the Cloud Services; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures or commitments by you in connection with this Agreement or your use of or access to the Cloud Services; or (d) any unauthorized access to, alteration of, or deletion, destruction, damage, loss or failure to store any of your content or other data. Our and our affiliates’ and licensors’ aggregate liability under this agreement will be limited to the amount you actually pay us under this agreement for the Cloud Services that gave rise to the claim during the 12 months preceding the claim. 10. Indemnification. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third party claim concerning: (a) your use of the Cloud Services (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you; or (c) your data or the combination of your data with other applications, content or processes, including any claim involving alleged infringement or misappropriation of intellectual property rights. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process seeking information related to your data or your use of the Cloud Services, you will also reimburse us for reasonable legal fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates. We will promptly notify you of any claim subject to this Section, but our failure to promptly notify you will only affect your obligations to the extent that our failure materially harms your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. 11. General. (a) General. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Our failure to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. (b) Entire Agreement. This Agreement incorporates any data processing agreement or Business Associate Agreement, and comprises the entire understanding between you and us relating to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. (c) Notice. All communications and notices to be made or given pursuant to this Agreement must be in English. We may provide any notice to you under this Agreement by posting a notice on the website for the applicable Cloud Service or sending a message to the email address associated with your account. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. To give us notice under this Agreement, you must (1) email us at legal@mongodb.com, or (2) send us your notice by certified mail, return receipt requested, to MongoDB, Inc., 1633 Broadway, 38th Floor New York, NY 10019, Attention: Legal Department. (d) Choice of Law; Consent to Jurisdiction. The laws of New York, excluding any applicable conflict of laws rules or principles, govern this Agreement and any dispute of any sort that might arise between you and us. You consent to exclusive jurisdiction and venue of New York courts. We may seek injunctive or other relief in any state, federal or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates', or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. (e) Force Majeure. We are not liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. (f) Amendments. We may amend this Agreement at any time by posting a revised version on the site for the applicable Cloud Service or by otherwise notifying you by email. Amended terms of service become effective upon posting on the site for the applicable Cloud Service or as stated in our email notice message. By continuing to use the Cloud Services, Support or Consulting Services after the effective date of any amendment to this Agreement, you agree to be bound by the amended terms of service. Please check the site for the applicable Cloud Service regularly. We last amended this Agreement on the date listed at the beginning of this Agreement. Terms of Use Welcome to Etsy. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules. Accepting These Terms Those Other Documents We Mentioned Your Privacy Your Account with Etsy Your Content Your Use of Our Services Termination Warranties and Limitation of Liability (or the Things You Can’t Sue Us For) Indemnification (or What Happens If You Get Us Sued) Disputes with Other Users Disputes with Etsy Changes to the Terms Some Finer Legal Points Contact Information 1. Accepting These Terms This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and Etsy. If you live in North America or South America, the contract is between you and Etsy, Inc.; if you live elsewhere, the contract is between you and Etsy Ireland UC, a subsidiary of Etsy, Inc. We’ll just refer to Etsy, Inc. and all of its subsidiaries collectively as “Etsy”. Please note that Section 11. Disputes with Etsy, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. * This contract sets out your rights and responsibilities when you use Etsy.com, Pattern by Etsy, our mobile apps, and the other services provided by Etsy (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on! 2. Those Other Documents We Mentioned Etsy’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services: Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy. Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here. Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here. Our House Rules for Third Parties. These policies apply to intellectual property owners, Etsy API users, affiliates, and anyone requesting information from Etsy. Search and Advertising Ranking Disclosures. This is a concise summary of how Etsy organises search results and advertising results that could include Your Content. All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone! 3. Your Privacy We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here. Both Etsy and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Etsy, will be responsible for that unauthorised disclosure. If, however, Etsy and sellers are found to be joint data controllers of buyers’ personal information, and if Etsy is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Etsy for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Etsy. 4. Your Account with Etsy You’ll need to create an account with Etsy to use some of our Services. Here are a few rules about accounts with Etsy: A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Etsy or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online. For more information, see Etsy's Minors Policy. B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable. E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure. F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Etsy. This detailed Help article should answer any questions you may have about registering an account with Etsy. 5. Your Content Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. B. Permission to Use Your Content. By posting Your Content through our Services, you grant Etsy a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Etsy function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Etsy may offer you or Etsy buyers promotions on the Site, from time to time, that may relate to your listings C. Rights You Grant Etsy. (Here’s the legalese version of the last section). By posting Your Content, you grant Etsy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Etsy, your Etsy shop, or the Services in general, in any formats and through any channels, including across any Etsy Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep Etsy going. Consider these examples: if you upload a photo or video of a listing on your Etsy shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it - often along with your shop name and shop picture - on our homepage, in one of our blogs or even on a billboard to help promote your business and Etsy’s. D. Reporting Unauthorised Content. Etsy has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens. E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Etsy’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. 6. Your Use of Our Services License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular: A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Etsy, another Etsy user, or a third party. B. Pay Your Bills. You are responsible for paying all fees that you owe to Etsy. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, Chile, the EU, Iceland, India, Indonesia, Japan, Malaysia, Mexico, Moldova, New Zealand, Norway, Quebec (Canada), Russia, Saudi Arabia, Serbia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Turkey, United Arab Emirates or the United Kingdom. Etsy will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT”. In addition, Etsy will calculate, collect, and remit sales tax where applicable. Please see this FAQ for more information. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy. C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use. D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code. E. Follow Our Trademark Policy. The name "Etsy" and the other Etsy marks, phrases, logos, and designs that we use in connection with our Services (the Etsy Trademarks), are trademarks, service marks, or trade dress of Etsy in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy. F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Etsy (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. G. Talk to Us Online. From time to time, Etsy will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper. 7. Termination Termination By You. We'd hate to see you go, but you may terminate your account with Etsy at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills. Termination By Etsy. We may terminate or suspend your account (and any accounts Etsy determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Etsy will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or Etsy terminate your account, you may lose any information associated with your account, including Your Content. We May Discontinue the Services Etsy reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Etsy’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends. 8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For) Items You Purchase. You understand that Etsy does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Etsy can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Etsy from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims). Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Etsy is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Etsy is not a party to those agreements; they are solely between you and the third party. Gift Cards and Promotions. You acknowledge that Etsy does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous. WARRANTIES. ETSY IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ETSY, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL ETSY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ETSY IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 9. Indemnification (or What Happens If You Get Us Sued) We hope this never happens, but if Etsy gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Etsy (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy. 10. Disputes with Other Users If you find yourself in a dispute with another user of Etsy’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this Help article. Etsy will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Etsy has no obligation to resolve any disputes. Release of Etsy. You release Etsy from any claims, demands, and damages arising out of disputes with other users or parties. 11. Disputes with Etsy If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services: A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. B. Arbitration. You and Etsy agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. For EU sellers, if any dispute arises in connection with the Terms, the parties should first try to resolve the dispute through the complaints procedure published here. In addition, the dispute may be referred by either party to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. The Parties agree to enter into mediation to settle a good faith dispute and will do so in accordance with the CEDR’s mediation procedures. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation. A copy of the referral should be sent to CEDR. Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Etsy are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis. C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules, and in the case of CEDR, its rules. If the value of your claim does not exceed $10,000 USD, Etsy will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation. D. Forum. We’re based in New York, so any legal action against Etsy related to our Services must be filed and take place in New York County, New York. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Etsy agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York if your contract is with Etsy, Inc.; if your contract is with Etsy Ireland UC, you and Etsy agree to submit to the personal jurisdiction of the courts of Ireland. E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York. F. Modifications. If we make any changes to this “Disputes with Etsy” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Etsy prior to the date the changes became effective. Etsy will notify you of substantive changes to the “Disputes with Etsy” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Etsy a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Etsy in accordance with the provisions of this “Disputes with Etsy” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms. 12. Changes to the Terms We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms. 13. Some Finer Legal Points The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Etsy regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. 14. Contact Information If you have any questions about the Terms, please email us at legal@etsy.com. *In some countries you may have additional rights and/or the preceding may not apply to you. Privacy Policy At Etsy, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Etsy. This policy explains our privacy practices for Etsy.com (which we’ll refer to as the "Site"), Etsy’s mobile applications (the "Apps"), Pattern by Etsy, Etsy Payments, Etsy’s public Application Programme Interface (the “API”), and our other services provided by Etsy, Inc. or Etsy Ireland UC, depending on your location ("Etsy," together with "we", "us", and "our"). We'll refer to the Site, the Apps, Pattern by Etsy, Etsy Payments, the API, and our other services as the "Services". If you are located outside of North or South America, Etsy Ireland UC is the data controller and is responsible for your personal information. This policy does not apply to the practices of third parties (including other members who sell using the Services or API users) who may also collect or receive data in connection with your use of the Services. Our Privacy Policy Information Collected or Received Findability Messages from Etsy Community Information Uses, Sharing, & Disclosure Transfers Security Retention Your Rights & Choices Your Responsibilities Privacy Policy Changes Contact TRUSTe 1. Our Privacy Policy We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understand this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Etsy, or third-party websites and apps. Etsy’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use Etsy's Services only if they have permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. We do not knowingly “sell”, as that term is defined under applicable law, including the California Consumer Privacy Act, the personal information of minors. More information can be found in Etsy’s Minors Policy. By using the Services, you acknowledge that Etsy will use your information in the United States, Ireland and any other country where Etsy operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the "Transfers" Section of this policy. 2. Information Collected or Received In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Etsy services you may interact with (such as, for example, for payments or customer support), and from our third party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Etsy uses the personal information it receives and collects in accordance with the purposes described in this policy. You can also choose to provide information to a third party via Etsy’s API. While users of Etsy’s API are required to follow Etsy’s API Terms of Use, including having appropriate privacy and security controls, Etsy does not have a direct partner relationship with these third parties and their processing of information is subject to their own privacy policies. You should understand the privacy and security practices of any third party before you share information with them. Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Etsy seller, if you choose to use our payment service ("Etsy Payments"), Etsy requires your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in certain markets, Etsy Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Etsy in order to comply with local legal requirements. For both buyers and sellers, Etsy requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases. If you're an Etsy buyer in the EU, Norway, Iceland, or Liechtenstein, you may be asked to authenticate your payment method when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Etsy may contact individual shop owners confidentially to request more information about their shops or items listed through the Services, or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Etsy, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Etsy and its service providers, unless otherwise specified. Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Etsy activity. Other members may see the date you joined; ratings, reviews and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favourites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials, and to feature you and your shop on and off the platform, as provided for in Etsy’s Terms of Use. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it. Automated Information: Etsy automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Etsy may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalised experience for members and visitors. We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy and “Information Uses, Sharing, & Disclosure” Section below. Data from Etsy Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in Etsy’s forums. Data from Advertising and Marketing Partners: As described below, Etsy receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Etsy comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us. Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Etsy in order to use functions like our local marketplace, maps, and for in-person sales (although you don't need to share these details). You can choose to publish your location when you sell on Etsy. We obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customise the Services, for example, for Etsy’s internal analytics and performance monitoring; localisation, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localised policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Etsy. Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application. For more information, see Etsy's Cookies and Similar Technologies Policy and Disclosures. Information from Third Parties: Some members or visitors may choose to connect to Etsy or register an Etsy account using an external third-party application, such as Facebook, or an app developed using Etsy's API. Connecting your Etsy account to third-party applications or services is optional. If you choose to connect your account to a third-party application, it is subject to your agreements with that third party (like their Terms of Use and privacy notices), and Etsy can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Etsy on certain social media networks which are connected to your Etsy account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account. Non-Member Information: Etsy receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Etsy member (a “non-member”) in connection with certain Etsy features, such as when a non-member chooses to subscribe to an Etsy newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Etsy, for purposes necessary to the functioning of Etsy's Services or where Etsy has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” Section below, or to facilitate action authorised by a member or the non-member. Pattern by Etsy: We also collect certain information from both members and non-members who visit websites hosted by us. This information may include your IP address or unique device identifier, and cookies and data from the pages you visit. To learn more about websites hosted by us through Pattern by Etsy, see our Pattern Policy. For more information on our use of cookies and collection of tracking information, see our Cookies & Similar Technologies Policy or “Information Uses, Sharing, & Disclosure” section below. 3. Findability You can choose to import your contacts from your mobile device or personal email address book, or a social network account to Etsy. We do not retain the login information for your email service, mobile device, or social network site. You can search for people you know by email address or phone number on the Site or through the contact information you import. Finding your friends on Etsy helps you connect with them on our platform. For example, you can follow another member’s public activity, such as public Favourites. When you begin following another member’s activity, they will receive an email notification (if the member has consented to receiving this type of email). If you do not want your contacts to be able to find you on Etsy through your email address, phone number, or social networking connections, then you can change your findability through your account settings. If you do not wish to be located on Etsy via your name, you can remove your name and instead may use a nickname or alias as your name in your public account information. 4. Messages from Etsy On occasion, Etsy will need to contact you. Primarily, these messages are delivered by email, Etsy Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Etsy may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Etsy may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings. Some messages from Etsy are service-related and necessary for members and Guest Checkout users. You understand and agree that Etsy can send you non-marketing emails, Etsy Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Etsy’s Support team (including by chat interface or the other methods of communication as described above). When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Etsy through their account settings. Please note that some changes to your account settings may take a few days to take effect. A contact-importer feature is available to help you locate and connect with your friends and contacts who may be members of Etsy (see the "Findability" section above for more information). If someone in your contact list is not already a member, you may invite them to join Etsy, and an email will be sent to them on your behalf. Recipients of email invitations may opt out of receiving future invitations by following instructions in the email invitation message. You may send an invitation only to someone who has given you consent to receive one. 5. Community Etsy is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams, which are a part of the Etsy Community space. You don't have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Etsy account that is publicly available, your account’s status, your forum posts and Team memberships, your Etsy username and/or shop name, the display name you’ve optionally chosen to share publicly in your Etsy account, avatar image, the date that you registered on Etsy, as well as your language and regional settings on the Site. If you close your Etsy account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Etsy. Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favourites. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates. 6. Information Uses, Sharing, & Disclosure We respect your privacy. Etsy will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. You can control your privacy settings through the opt-out buttons in your account settings privacy tab, and the Privacy Settings link in the footer of most site pages and our homepage. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. Legal Bases When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where: Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you; You have consented to the processing, which you can revoke at any time; Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims; Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below); You have expressly made the information public; Necessary in the public interest, such as to prevent crime; and Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury). We principally rely on consent (which can be withdrawn at anytime) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes. We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners disclosed in our Cookies and Similar Technology Policy. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Etsy’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies and Similar Technology Disclosures. Etsy may also use first party data (e.g. your prior shopping and browsing patterns on our Site), and may combine it with other data collected from you, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our site, in our direct marketing channels (like email), or with our off site marketing partners, like Google and Facebook, subject to their terms and privacy notice you agreed to with such partners . Our Legitimate Interests Where we process your information on the basis of legitimate interests, we do so as follows: Providing and Improving our Services: We use your information to improve and customise our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Etsy. Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of consent) and for Etsy's advertising programmes (including Etsy’s on-site advertising and marketing). Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Etsy’s systems, or those of our users or our partners. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting. For example, in accordance with our existing case resolution process, we may use information you provide to resolve disputes with Etsy or other members. Buying and Selling: As part of the buying and selling process, Etsy will facilitate the sharing of information between the two members involved in the transaction, such as the other Etsy member's delivery address and payment status. This can also involve us sharing your information with some of our third party partners such as our delivery and payment partners to enable us to provide the Service to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Etsy’s privacy and security requirements for vendors, these partners, not Etsy, are responsible for the protection of personal information under their control. By making a sale or a purchase on Etsy, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Etsy's Terms of Use, you have a limited license to use that information only for Etsy-related communications or for Etsy-facilitated transactions. Etsy has not granted a license to you to use the information for unauthorised transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member's jurisdiction. Site Customisation: We may learn about the types of products that you’re interested in from your browsing and purchasing behaviour on (and off) the Site or Apps and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Etsy. Legal and Safety: Etsy may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt, or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Etsy's Terms of Use. For example, if permitted due to the forgoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or to facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury). If Etsy receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Etsy may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. Find out more about how Etsy responds to requests for records or information about members of Etsy’s community in our Requests for Information Policy. Affiliated Businesses: Etsy is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Etsy also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favourites, browsing history and purchase history. Aggregated Information: Etsy may share demographic information with business partners, but it will be aggregated and de-personalised so that personal information is not revealed. Service Providers: Etsy also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Etsy not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better. Business Reorganisation: In some cases, Etsy may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Etsy’s assets), member information is typically one of the business assets that is transferred. If Etsy intends to transfer information about you, Etsy will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy. Third Parties: Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Etsy that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognise your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Etsy chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party's privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest. This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Etsy does not own or control or individuals that Etsy does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Etsy requires these third parties to follow Etsy’s privacy and security requirements, Etsy does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Etsy is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services. 7. Transfers Etsy operates a global service. If you reside outside of North or South America, your personal information is controlled by Etsy Ireland UC. By using our Services, you understand that Etsy Ireland UC may share some of the information it gathers with Etsy, Inc. (its US parent company) or other Etsy affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law. To the extent that Etsy is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information: Model Clauses The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing legal@etsy.com. Necessary for the Performance of the Contract between Etsy and its Members Etsy provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world. 8. Security The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example encryption is used for certain information (such as credit card numbers) using TLS (transport layer security). Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Etsy offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign in history and notifications; you can view more information in your account settings. If you have any questions about the security of your personal information, you can contact us at legal@etsy.com. 9. Retention Etsy will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Etsy member account), or as needed to provide the Services to you. If you no longer want Etsy to use your information to provide the Services to you, you may close your account. Etsy will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Etsy sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods. 10. Your Rights & Choices Certain privacy laws around the world, including the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), provide users with rights related to their personal information. Consistent with those laws, Etsy gives you the choice of accessing, editing, or removing certain information, as well as choices about how we contact you. You may change or correct your Etsy account information through your account settings. You may also remove certain optional information that you no longer wish to be publicly visible through the Services, such as your name. You can also request to permanently close your account and delete your personal information. Depending on your location, you may also benefit from a number of rights with respect to your information. While some of these rights apply generally, certain rights apply in limited cases. Right to Access & Portability: You can access certain personal information associated with your account by visiting your account privacy settings. You can request a copy of your personal information in an easily accessible format and information explaining how that information is used. See this Help Centre article for more information. Right to Correction: You have the right to request that we rectify inaccurate information about you. By visiting your account settings, you can correct and change certain personal information associated with your account. Right to Restrict Processing: In certain cases where we process your information, you may also have the right to restrict or limit the ways in which we use your personal information. Right to Deletion: In certain circumstances, you have the right to request the deletion of your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Etsy. See this Help Centre article for more information. Right to Object: If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can object using the unsubscribe link in such communications or changing your account email settings. Right to Withdraw Consent: Where we rely on consent, you can choose to withdraw your consent to our processing of your information using specific features provided to enable you to withdraw consent, like an email unsubscribe link or your account privacy preferences. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you can revoke your consent to the sharing of that information through the settings on your mobile device. This is without prejudice to your right to generally permanently close your account and delete your personal information. The CCPA provides California residents with the following additional rights: Right to Know: California residents may request disclosure of the specific pieces and/or categories of personal information that the business has collected about them, the categories of sources for that personal information, the business or commercial purposes for collecting the information, the categories of personal information that we have disclosed, and the categories of third parties with which the information was shared. Right to Opt-Out: To the extent that Etsy “sells” personal information(as that term is defined under the CCPA), California residents are entitled to opt-out of the “sale” of data at any time (see below for more information). If you would like to manage, change, limit, or delete your personal information, you can do so via your Etsy account settings. Alternatively, you can exercise any of the rights above by contacting us by submitting a message through our contact form available in our Help Centre, chat support, or through any other channels available via our Help Centre. Once you contact us to exercise any of your rights, we will confirm receipt of your request. Limiting use of, or deleting, your personal information may impact features and uses that rely on that information. However, we will not discriminate against you for exercising any of your rights, including otherwise denying you goods or services, providing you with a different level or quality of services, or charging you different prices or rates for services. If you need further assistance, you can contact Etsy through one of the channels listed below under “Contact.” We will respond to your request within a reasonable timeframe. Please note that we may verify your identity before we are able to process any of the requests described in this Section, and in our discretion, deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. You may designate an authorised agent to make a request on your behalf. In order to designate an authorised agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorised agent’s valid government issued identification, and we may verify the authenticity of the request directly with you. Email & Messages You may also control the receipt of certain types of communications from Etsy in your account settings. Etsy may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Etsy” Section of this policy. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account. Click here to learn how to close your account. Cookies We use both technically necessary (for the functioning and security of the Services) and non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in Etsy’s Cookies & Similar Technologies Policy. Additional Disclosures for California Residents Notice of Collection In addition to the Rights & Choices described above, the CCPA requires disclosure of the categories of personal information collected over the past 12 months. While this information is provided in greater detail in the "Information Collected or Received" Section above, the categories of personal information that we have collected – as described by the CCPA – are: Identifiers, including name, email address, shop name, IP address, and an ID or number assigned to your account. Other individual records such as phone number, billing address, or credit or debit card information. This category includes personal information protected under pre-existing California law (Cal. Civ. Code 1798.80(e)), and overlaps with other categories listed here. Demographics, such as your age or gender, or, where you have provided such information to Etsy voluntarily, demographic information about your race, ethnicity, sexual orientation, or gender identity, provided in relation to specific marketing and advocacy projects and campaigns.This category includes data that may qualify as protected classifications under other California or federal laws. Commercial information, including purchases and engagement with the Services. Internet activity, including your interactions with our Services and what led you to our Services. Sensory visual data, such as pictures posted on our Service. Geolocation data provided through location enabled services such as WiFi and GPS. Inferences, including information about your interests, preferences and favourites. The Purposes for Our Collection We collect and use these categories of personal information for our business and commercial purposes described in the “Information Uses, Sharing and Disclosure” Section above, including providing and improving the Services, maintaining the safety and security of the Services, processing purchase and sale transactions, and for advertising and marketing services. Third Party Marketing and Advertising and Your Rights (Opt-Out of “Sale”) Etsy does not sell personal information to third parties for monetary value. However, the term “sale” is defined broadly under the California Consumer Privacy Act. To the extent that “sale” under the CCPA is interpreted to include interest based advertising or other data uses described in the “Information Uses, Sharing and Disclosure” Section above, we will comply with applicable law as to those activities. You can read more in our Cookies & Similar Technologies Policy. To opt-out of receiving interest based advertising, you can exercise your choice by using your account privacy settings, or the general privacy settings link located at the footer of our homepage and most pages of the Site. The right to opt-out of interest based advertising is available to all Etsy users. Do Not Track Signals Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track”, visit http://www.allaboutdnt.com. Shine the Light California law entitles residents to ask for a notice describing what categories of personal information we share with third parties for their own direct marketing purposes. Other than to Sellers on Etsy (see “Buying and Selling” under the “Information Uses, Sharing and Disclosure” Section above), who must obtain your separate consent for their own marketing off of Etsy, or unless you request us to or consent to it, Etsy does not share any personal information to third parties for their own direct marketing purposes. If you have questions about these practices, you can contact us through one of the channels listed in the “Contact” Section below. For information on interest based advertising with Etsy and how your information is used for marketing, see Etsy’s Cookies & Similar Technologies Policy. Accessibility If you have a disability and would like to access this policy in an alternative format, please contact us using one of the channels listed in the “Contact” section below. 11. Your Responsibilities If you sell using our Services or use Etsy’s API, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Etsy Seller Policy and the Etsy API Terms of Use. 12. Privacy Policy Changes We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates. 13. Contact If you have any questions: Contact Etsy’s Support team via our Help Center Send an email to Etsy's Data Protection Officer at dpo@etsy.com Write to us at one of the following addresses: In North America or South America: Etsy Support Team – Privacy Policy 117 Adams Street Brooklyn, NY 11201, USA Outside of North America or South America: Etsy Support Team – Privacy Policy 66/67 Great Strand Street Dublin 1 Ireland If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may contact our US-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. Without prejudice to any other rights you may have, if you are located outside of North America or South America, you also have the right to file a complaint against Etsy with the Irish Data Protection Commission ("DPC"), which is Etsy’s Lead Supervisory Authority. The DPC’s contact details are: Data Protection Commissioner 21 Fitzwilliam Square South Dublin 2, D02 RD28, Ireland Phone: +353 (0761) 104 800 Webform: https://forms.dataprotection.ie/contact Email: info@dataprotection.ie If you live in the EEA, you may also file a complaint with your local data protection regulator. Direct Debit Request Service Agreement This is Your Direct Debit Service Agreement with Vanguard Investments Australia Ltd ABN 72 072 881 086. It explains what Your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to You as Your Direct Debit provider. Please keep this agreement for future reference. It forms part of the terms and conditions of Your Direct Debit Request (DDR) and should be read in conjunction with Your DDR authorisation. Definitions account means the account held at Your financial institution from which we are authorised to arrange for funds to be debited. agreement means this Direct Debit Request Service Agreement between You and us. banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia. debit day means the day that payment by You to us is due. debit payment means a particular transaction where a debit is made. direct debit request means the Direct Debit Request between us and You. us or we means Vanguard Investments Australia Ltd ABN 72 072 881 086, (the Debit User) You have authorised by requesting a Direct Debit Request. You means the customer who has signed or authorised by other means the Direct Debit Request. Your financial institution means the financial institution nominated by You on the DDR at which the account is maintained. 1. Debiting your account 1.1 By approving a Direct Debit Request or by providing us with a valid instruction, You have authorised us to arrange for funds to be debited from Your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and You. 1.2 We will only arrange for funds to be debited from Your account as authorised in the Direct Debit Request. 1.3 If the debit day falls on a day that is not a banking day, we may direct Your financial institution to debit Your account on the following banking day. If You are unsure about which day Your account has or will be debited You should ask Your financial institution. 2. Amendments by us 2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving You at least fourteen (14) days notice. 3. Amendments by You 3.1 You may terminate this agreement, and revoke the authority to us provided under this agreement, by giving notice to us via the Vanguard Online portal. We will cancel this agreement by close of business on the next business day after we receive your notice. 4. Your obligations 4.1 It is Your responsibility to ensure that there are sufficient clear funds available in Your account to allow a debit payment to be made in accordance with the Direct Debit Request. 4.2 If there are insufficient clear funds in Your account to meet a debit payment: (a) You may be charged a fee and/or interest by Your financial institution; (b) You may also incur fees or charges imposed or incurred by us; and (c) You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in Your account by an agreed time so that we can process the debit payment. 4.3 You should check Your account statement to verify that the amounts debited from Your account are correct. 5. Dispute 5.1 If You believe that there has been an error in debiting Your account, You should notify us directly on 1300 655 101 (select option 3) and confirm that notice in writing with us as soon as possible so that we can resolve Your query more quickly. Alternatively You can take it up directly with Your financial institution. 5.2 If we conclude as a result of our investigations that Your account has been incorrectly debited we will respond to Your query by arranging for Your financial institution to adjust Your account (including interest and charges) accordingly. We will also notify You in writing of the amount by which Your account has been adjusted. 5.3 If we conclude as a result of our investigations that Your account has not been incorrectly debited we will respond to Your query by providing You with reasons and any evidence for this finding in writing. 6. Accounts You should check: (a) with Your financial institution whether direct debiting is available from Your account as direct debiting is not available on all accounts offered by financial institutions. (b) Your account details which You have provided to us are correct by checking them against a recent account statement; and (c) with Your financial institution before completing the Direct Debit Request if You have any queries about how to complete the Direct Debit Request. 7. Confidentiality 7.1 We will keep any information (including Your account details) in Your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about You secure and to ensure that any of our employees or agents who have access to information about You do not make any unauthorised use, modification, reproduction or disclosure of that information. 7.2 We will only disclose information that we have about You: (a) to the extent specifically required by law; or (b) for the purposes of this agreement (including disclosing information in connection with any query or claim). 8. Contact details Vanguard Investments Australia Ltd Level 13 130 Lonsdale Street Melbourne VIC 3000 Ph: 1300 655 101 Privacy Statement This privacy policy explains how we use any data we collect about you, or that you provide us FedEx Express Australia – Privacy Statement This Privacy Statement is supplementary to, and should be read together with, the FedEx.com Privacy Policy at https://www.fedex.com/en-us/trust-center/privacy.html FedEx Express regards privacy as an important right for our customers. Information provided to us by our customers is protected by our strict standards, upheld by policies and procedures that fully comply with Commonwealth Government privacy laws. The information we collect from our customers is used for specific purposes, such as express delivery of customer shipments, customer assistance and service and for the continuous improvement of services to our valued customers. If this information is not provided to us, we may not be able to provide our customers with our services or deliveries. We also provide our customers' personal information to our business partners, such as our fulfilment house who sends out our customers' statements and marketing information. We may also disclose our customers' personal information to the external organisation to which we outsource our Customer Satisfaction research. Our customers are assured that personal information will not be shared with or disclosed to any other third party, without consent. We may use cookies to help us to provide you with a more personalised experience when you browse this website and to provide targeted marketing services. Cookies are small text files stored on your computer, which provide a way for us to recognize you and keep track of your preferences. Further information on our use of cookies can be found in the FedEx.com Privacy Policy (link provided above). We may transfer some or all of our customers' personal information overseas to our related companies. Accordingly, we may transfer, hold or access personal information from various countries/territories (for a list of countries/territories click here). This is because we use a shared database for our customers. We only transfer data through encrypted technology for your and our security. Subject to any legal restrictions, we give our customers access to their personal information on request, and where necessary, make corrections to any inaccurate or out of date information that you may advise us of. You may seek access to, and correction of, your personal information, by contacting the Privacy Officer, whose contact details are set out below. As a customer, by providing us with your personal information you agree to us using and disclosing your information as set out above. This consent to the use and disclosure of your personal information remains valid unless you alter or revoke it by giving us written notice. If you have any concerns or complaints about how we handle your personal information, or if you have any questions about this policy, please contact the Privacy Officer, whose contact details are set out below. In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will use reasonable endeavours to respond to you in writing within 30 days of receiving the written complaint. If we fail to respond to your complaint within 30 days of receiving it in writing or if you are dissatisfied with the response that you receive from us, you may have the right, depending on the jurisdiction, to make a complaint to the applicable regulator. If you have any questions or issues regarding your privacy, or would like a copy of our Privacy Policy, please contact the Managing Director Legal Australasia who is the designated Privacy Officer by email privacyAU@fedex.com or by writing to us at our National Head Office address at 2 Military Road, Matraville, NSW 2036. Terms of Use FedEx.com 1. Definitions 2. Use of fedex.com 3. fedex.com Login Registration 4. Changes to fedex.com 5. Termination of use 6. Ownership 7. Disclaimer of warranty 8. Limitation of Liability 9. Indemnity 10. FedEx Service Guide 11. Links to other web sites 12. Privacy Policy 13. Export 14. Controlling Law and Severability 15. Terms of Carriage 16. Assignment and Non-Waiver 17. Announcements and Email Communications 18. Complete Agreement and Modification 19. FedEx ShipAlert® 20. Address Book 21. Courtesy Rate Quote 22. FedEx Tracking Signature Proof of Delivery 23. FedEx Tracking Updates 24. FedEx Delivery Manager® 25. FedEx InSight®/FedEx Advanced Tracking 26. FedEx® Electronic Trade Documents THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF FEDEX.COM, INCLUDING YOUR USE OF THE SERVICES AND CONTENT. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. FEDEX MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF FEDEX.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT FEDEX.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH FEDEX.COM. Section 1. Definitions Content: information, graphics, products, features, functionality, services, and links on fedex.com. FedEx: FedEx Corporate Services, Inc., its parent and its parent's affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded FedEx under this agreement, but FedEx Corporate Services, Inc. is the sole obligor under these Terms of Use. Services: any and all services accessible at fedex.com or via mobile app, including, but not limited to, FedEx Ship Manager® (“Ship Manager”), FedEx Delivery Manager®, FedEx® Electronic Trade Documents, FedEx® Global Trade Manager (“GTM”), FedEx InSight (“InSight”), FedEx Advanced Tracking, FedEx Mobile and FedEx® Billing Online, FedEx Tracking Signature Proof of Delivery and FedEx Tracking Updates. You: Yourself and the entity that you represent. BACK TO TOP Section 2. Use of fedex.com fedex.com is provided solely for the use of current and potential FedEx customers to interact with FedEx and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving FedEx invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, identifying and preparing international documents, estimating duties and taxes, and other information and services may only be used by current and potential FedEx customers for their own shipments. Use of fedex.com to provide information to or prepare shipments by or for the benefit of third party shippers is expressly prohibited. The use of non-authorized scripting technologies to obtain information from fedex.com or submit information through fedex.com is strictly prohibited. FedEx does not accept ideas, concepts, or techniques for new services or products through fedex.com. If such information is received, it will not be considered confidential and FedEx will be deemed free to use, communicate and exploit such information in any manner it chooses. BACK TO TOP Section 3. fedex.com Login Registration You may choose to register on fedex.com to access interactive features on fedex.com. Your fedex.com Login provides you with access to the Services, if you have been authorized to access such Services. The availability of these Services varies by country. In the future, FedEx may add other features that may be accessed through fedex.com Login. In such event, previously registered users will not be required to re-register. Certain Services may require additional enrollments or agreements and may be subject to additional terms and conditions. By registering on fedex.com, You agree to provide accurate and current information about Yourself as prompted by the fedex.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current. Some Services are being made available to customers based in some countries and not others. You agree to register only for fedex.com Services offered on the fedex.com website for the country in which your FedEx account is based. For example, if your FedEx account is based in Canada, you will register for Services offered on fedex.com/ca and not for Services offered on fedex.com/us. When you register using fedex.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify FedEx of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your fedex.com session at the end of each visit. You acknowledge and agree that it may be necessary from time to time for FedEx to confirm the validity of the credit card information you provided to open your FedEx account. When this occurs, FedEx may request a temporary authorization hold for a nominal amount on your card. This authorization hold does not result in actual charges to your card. These authorizations will automatically expire based on guidelines established by your card issuer. BACK TO TOP Section 4. Changes to fedex.com fedex.com and its Content, may be changed, deleted or updated at any time without notice. BACK TO TOP Section 5. Termination of Use FedEx may discontinue, suspend or modify fedex.com at any time without notice, and FedEx may block, terminate or suspend Your and any user's access to fedex.com at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. The provisions of Section 7, 8, 9, 10, 13, 14 and 15 shall survive any termination of this Agreement. BACK TO TOP Section 6. Ownership fedex.com and its Content are protected by United States and international copyright, trademark and other laws. © 1995-2020 FedEx. All rights reserved. Specifically, FedEx does not convey to anyone, through allowing access to fedex.com, any ownership rights in fedex.com or in any Content appearing on or made available through fedex.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of fedex.com or its Content. BACK TO TOP Section 7. Disclaimer of Warranty FEDEX.COM AND ITS CONTENT AND SERVICES ARE PROVIDED "AS IS". FEDEX AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE FEDEX.COM AND ITS CONTENT OR ANY OF FEDEX’S SERVICES. FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING FEDEX.COM AND ITS CONTENT, FEDEX’S SERVICES AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FEDEX DOES NOT WARRANT THAT FEDEX.COM OR ANY OF ITS CONTENT OR ANY FEDEX SERVICES WILL MEET ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN FEDEX.COM OR ANY OF ITS CONTENT OR ANY FEDEX SERVICES WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR OR YOUR CUSTOMERS’ USE OF FEDEX.COM OR ANY OF ITS CONTENT OR ANY FEDEX SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY. BACK TO TOP Section 8. Limitation of Liability YOUR USE OF FEDEX.COM AND ITS CONTENT AND FEDEX’S SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FEDEX BE LIABLE TO YOU OR TO ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE ACCESS TO OR USE OF INSIGHT INFORMATION OR THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE; INSIGHT INFORMATION OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF FEDEX, OR AN AUTHORIZED REPRESENTATIVE OF FEDEX, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FedEx, will not be liable for Your acts or omissions, including but not limited to, incorrect completion or updating of any enrollment or profile form, failure to implement adequate internal security measures to safeguard Your login id or password code, or Services or Content provided to or accessed by You (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in FedEx.com or its Content or any of FedEx’s Services. Also, FedEx, will not be liable if You violate any of the terms of this Agreement. FedEx, will not be liable for loss, damages or delay caused by events FedEx, cannot control, including but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify FedEx, of any known or suspected unauthorized use of your logon id, password code or any other confidential information relating to FedEx or any known or suspected breach of security, including loss, theft, or damage to your shipments. BACK TO TOP Section 9. Indemnity You shall bear the risk of loss or damage resulting from Your use of FedEx.com or its Content or any of the Services. You agree to defend, indemnify and hold harmless FedEx and its respective officers, directors, employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits and judgments, including the payment of legal fees arising out of or relating to any of the following: Your breach of any of these terms and conditions, Your activities conducted in connection with fedex.com, its Content or any of the Services Your failure to abide by any applicable laws or regulations regarding fedex.com, its Content or any of the Services FedEx’s provision of data and information to You (including, without limitation, any errors in the information or any unavailable or incomplete information) Authorized or unauthorized uses of fedex.com, its Content or any of the Services any manner by You or on Your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy, or Your failure to implement adequate internal security measures to safeguard Your login id, password code or any other data or information provided by FedEx (or any portion thereof) and its confidentiality. BACK TO TOP Section 10. FedEx Service Guide The terms and conditions for using FedEx’s delivery and related services are contained in the most current version of the FedEx Service Guide, which is available at fedex.com. The most current version of the FedEx Service Guide will control in the event of any conflict between any FedEx delivery or related service information on fedex.com and the delivery or related service information contained in the most current version of the FedEx Service Guide. For each shipment you make or request using FedEx products or delivery services, You agree that the terms, conditions and limitations set forth in the "Terms and Conditions" of the FedEx Service Guide applicable to the shipment, are applicable to such shipment, except as otherwise provided for in a written agreement between You and FedEx. All shipments and claims are subject to the terms, conditions and limitations of the contract of carriage, including the "Terms and Conditions" in the FedEx Service Guide applicable to the shipment, which may be amended from time to time by FedEx without notice. BACK TO TOP Section 11. Links to other web sites There are links on the fedex.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by FedEx. FedEx makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. FedEx has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it. BACK TO TOP Section 12. Privacy Policy The FedEx Privacy Notice governs the use of information acquired from You through fedex.com. BACK TO TOP Section 13. Export You assume all responsibility for compliance with all laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations, and economic sanctions programs maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and those of any other country from which You may access fedex.com regarding access, use, export, re-export and import of any Content appearing on or available through fedex.com. You represent and warrant that (i) you will not export or import any Content or use any Content for transactions involving any country to which export or import is restricted under United States law or any jurisdiction subject to Embargoed Country (which, for the purposes of these terms, means a country or territory in respect to which the U.S. has issued an embargo from time to time, at present Cuba, Iran, North Korea, Syria, or the Crimea region); (ii) you are not a person identified on U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party. BACK TO TOP Section 14. Controlling Law, Severability These Terms of Use and Your use of fedex.com or its Content or any of the Services is governed by and construed in accordance with the laws of the United States and the State of Tennessee, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to fedex.com or its Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Shelby County, Tennessee. BACK TO TOP Section 15. Terms of Carriage Customer agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx using SHIP MANAGER shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Ground Manifest (collectively "Shipping Documentation"), any applicable transportation agreement between Customer and FedEx covering such shipment, and in any applicable FedEx tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into these Terms of Use by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or these Terms of Use, then the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or these Terms of Use will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, affiliate, branch, or independent contractor who originally accepts the shipment. Your use of Global Trade Manager shall not alter Your responsibility for the preparation and accuracy of shipping documentation including import/export forms. In the event Customer uses SHIP MANAGER to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at FedEx's sole discretion) are placed on the Shipping Documentation as may be instructed by FedEx, for all such international shipments. Customer will defend, indemnify and hold harmless FedEx, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow FedEx's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments. Printed Signature. Customer acknowledges that if SHIP MANAGER is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to FedEx using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor. Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is FedEx Express, 3610 Hacks Cross Road, Bldg A, Memphis, TN 38125. The address for FedEx Ground is 1000 FedEx Drive, Moon Township, PA 15108. BACK TO TOP Section 16. Assignment and Non-Waiver You may not assign Your rights or delegate Your duties under these Terms of Use. Failure or delay by FedEx to exercise any right, remedy, power or privilege hereunder, shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion. BACK TO TOP Section 17. Announcements and Email Communications Neither FedEx nor You shall make any press release or announcement containing the other's name without the prior written approval of the other party and then only after the other party has reviewed and approved the specific text of the press release or announcement. You agree that FedEx may use the email address(es) that you provide when enrolling on fedex.com, as updated, to communicate with you regarding FedEx.com, its Content and the Services. BACK TO TOP Section 18. Complete Agreement and Modification These Terms of Use shall constitute the complete agreement of the parties with respect to the subject matter and supersedes any and all prior or contemporaneous discussions, statements, understandings, representations or agreements, written or oral, regarding the subject matter. No amendment to or modification of this Agreement will be binding on FedEx without FedEx's written consent. BACK TO TOP Section 19. FedEx ShipAlert® FedEx provides You with the opportunity, via SHIP MANAGER, to use FedEx ShipAlert to send a shipment notification message to the recipient informing him/her of Your shipment. This feature is provided free of charge. FedEx may modify or terminate the use of FedEx ShipAlert at any time. FedEx does not commit to keeping Your message private or confidential. By using FedEx ShipAlert You acknowledge that FedEx is providing the technical functionality only, and that You are solely responsible for the content of Your messages. FedEx undertakes no duty to monitor any messages sent by You. However, FedEx, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself. Do not use FedEx ShipAlert for anything other than to communicate information about Your shipment. You may not use FedEx ShipAlert to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If FedEx sees or hears about messages sent via FedEx ShipAlert that violate these provisions, or that may damage FedEx, it may take all actions necessary to protect itself, including disclosing any messages to the authorities. It is not necessary to use FedEx ShipAlert to ship a package via SHIP MANAGER. FedEx will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You. BACK TO TOP Section 20. Address Book Subject to the terms listed here, addresses will remain in Your Address Book as long as You use SHIP MANAGER. If You do not use SHIP MANAGER for a period of 6 months, FedEx will delete Your addresses. However, FedEx will not delete Your SHIP MANAGER account. If You have any concerns, please email FedEx at webmaster@fedex.com. The Address Book is a feature provided free of charge by FedEx. You should maintain a back-up copy of Your addresses as FedEx will not be responsible for the loss of addresses contained in the Address Book. FedEx may modify or terminate this feature at any time for any reason. BACK TO TOP Section 21. Courtesy Rate Quote The courtesy rate reflected by the Courtesy Rate Quote on FedEx Ship Manager, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. BACK TO TOP Section 22. FedEx Tracking Signature Proof of Delivery In addition to the fedex.com Terms of Use, the following terms and conditions govern your access and use of Signature Proof of Delivery. By accessing and using Signature Proof of Delivery, you acknowledge and agree that you are the shipper, the recipient, or third party payor, or are authorized to act on behalf of the shipper, recipient, or third party payor to retrieve the signature image for the shipment you are attempting to track. You warrant and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, that you will not use the signature image for any purpose other than to confirm the delivery of such shipment. You further acknowledge and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, (i) to defend (at FedEx option), indemnify, and hold harmless FedEx, its parent and its parent company's subsidiary companies (collectively "FedEx" for purposes of this paragraph) from and against any and all claims of whatever nature arising from your access and use of Signature Proof of Delivery, and the receipt, use and emailing of any signature retrieved; (ii) that Signature Proof of Delivery is provided "AS IS" and you assume all risk of accessing and using Signature Proof of Delivery; (iii) that FedEx DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF WHATEVER NATURE, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO SIGNATURE PROOF OF DELIVERY; (iv) you will only email Signature Proof of Delivery to the shipper, recipient or third party payor of the shipment you are attempting to retrieve; (v) that under no circumstances shall FedEx be liable for any money or other damages resulting from the access and use of Signature Proof of Delivery and that FedEx hereby disclaims liability for any such damage; and, (vi) that your actions and shipments are further governed by, and you will comply with, the terms and conditions in the applicable FedEx Service Guide or transportation agreement. BACK TO TOP Section 23. FedEx Tracking Updates In addition to the fedex.com Terms of Use, the following additional terms and conditions govern the access and use of this tracking update subscription application to request tracking information updates ("Tracking Updates"). FedEx authorizes You to request Tracking Updates for a shipment for which You are the shipper, recipient or third-party payor and You agree to only request Tracking Updates for a shipment for which You are the shipper, recipient, or third-party payor subject to these Terms and Conditions. You acknowledge and agree that Tracking Updates are the private property of FedEx, are provided to You free of charge and that any use of Tracking Updates information is at Your sole risk. Tracking Updates are provided "AS IS" and FedEx disclaims all Warranties or conditions, Express or Implied. BACK TO TOP Section 24. FedEx Delivery Manager® To facilitate delivery or release of a shipment, FedEx may, at its sole discretion, offer certain delivery options and functionality to certain Recipients through FedEx Delivery Manager. As a condition for approval to register for and use FedEx Delivery Manager, Recipient agrees to these terms: Recipient represents and warrants that Recipient: resides at the address provided for enrollment; is authorized to enroll and receive shipments at the address; will only register for himself/herself; For each shipment, Recipient represents and warrants that Recipient is authorized by the Shipper to use or request the FedEx Delivery Manager options and functionality. The contract of carriage governed by the FedEx Express Terms and Conditions in the FedEx Service Guide shall at all times remain with the Shipper, as that term is defined in the FedEx Service Guide, and nothing in these FedEx Delivery Manager Terms shall be construed to create a contract of carriage with the Recipient. FedEx Delivery Manager options and functionality, including those offered for a fee to the Recipient, are governed solely by the terms in this FedEx Delivery Manager section of the fedex.com Terms of Use. In no event shall FedEx, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not FedEx had knowledge that such damages might be incurred, from honoring, or our failure to honor, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request from the Recipient. Notwithstanding, a refund of the FedEx Delivery Manager fee as outlined below is the exclusive remedy in the event of FedEx’s failure to honor the Recipient’s request for FedEx Delivery Manager options. If Recipient provides delivery instructions, preferences, or requests to suspend deliveries for their address, Recipient releases FedEx from all liability for any loss or damage that may result from FedEx following the delivery instructions, preferences, or requests to suspend deliveries. Recipient’s details including name, delivery address, email address and mobile telephone number are collected and processed through FedEx Delivery Manager by FedEx, acting as data controller, to manage and improve the delivery of shipments to Recipient and the sending of non-marketing communications to Recipient relating to such shipments. These purposes include any other purpose as authorized by Recipient, or as otherwise required or permitted by law. In any case where FedEx collect, transfer personal data (including across jurisdictions), or otherwise process Recipient personal data, it is subject to appropriate safeguards, in accordance with applicable laws, and where Recipient consent is required, by submitting data to FedEx Delivery Manager Recipient expressly provide such consent to FedEx. For more information, FedEx refers to its FedEx Global Privacy Policy and Notice, and the local FedEx Privacy Policy accessible on the FedEx webpage in Recipient’s location. Requests for any of the alternative delivery options detailed on FedEx Delivery Manager to apply to the delivery to be performed by FedEx will void the FedEx Money Back Guarantee (if applicable). Delivery options are subject to availability at the Recipient’s location. FedEx does not guarantee the availability of delivery options. A request to change delivery options will only apply to the particular scheduled delivery FedEx contacts Recipient on. Change of delivery instructions will not apply to Recipient’s future FedEx Delivery Manager eligible deliveries. Direct Signature may be required for FedEx shipments delivered in certain countries including shipments delivered in accordance with the alternative delivery options detailed on FedEx Delivery Manager. FedEx will obtain a signature from someone at the delivery address. If no one is at the address, FedEx will reattempt delivery at another time. With the exception of requests to collect your shipment at a FedEx World Service Center (“WSC”) or retail location, Recipient is solely responsible for ensuring the safety and security of Recipient’s shipment following delivery by FedEx to Recipient’s nominated alternative delivery location, as well as any additional charges imposed by location provider due to prolonged occupancy. FedEx accepts no liability for loss or damage caused following delivery as requested by Recipient. Recipient is responsible for providing enough detail to enable the FedEx courier to locate the delivery location nominated by Recipient. In the event FedEx is unable to find such location or deems the location not to be secure (in its sole opinion) then FedEx may refuse to deliver Recipient’s package as requested. FedEx shall incur no liability in connection with such refused deliveries. For “Deliver to my address on a future date” shipments: a. Delivery dates stated on FedEx Delivery Manager are indicative only. FedEx will confirm the revised estimated delivery date via email or SMS notification following receipt of requested change. For “Deliver to my neighbor” shipments: a. The nominated neighbor's address must be in close proximity to the address for delivery of the shipment. Failure to adhere to this requirement will affect the performance of delivery and may result in delays. b. By submitting the name and address of Recipient’s nominated neighbor to FedEx, Recipient confirms that they have provided the named persons with information relating to the collection, transfer and processing of such data including, without limitation, confirming to them that Recipient will be providing their personal data to FedEx to allow FedEx to process their personal data in connection with the delivery of a shipment to them. The data will not be used for other purposes such as direct marketing. Recipient hereby warrants to FedEx that the new recipient has provided Recipient with their explicit consent to the provision of their personal data to FedEx to be used as described above. For “Deliver to a pick-up point” shipments: a. Requests for changes to the delivery location or for collection at the FedEx WSC or retail location submitted via FedEx Delivery Manager may lead to a change to the estimated delivery date of Recipient’s shipment. FedEx will confirm the estimated delivery date via email or SMS following receipt of request. b. By submitting the new recipient's personal data to FedEx, Recipient confirm that Recipient has provided the new recipient with information relating to the collection, transfer and processing of such data including, without limitation, confirming to them that Recipient will be providing their personal data to FedEx to allow FedEx to process their personal data in connection with the delivery of a shipment to them and, where FedEx requires, to contact them via email and/or SMS in relation to such shipment. The data will not be used for other purposes such as direct marketing. Recipient hereby warrants to FedEx that the new recipient has provided Recipient with their consent to the provision of their personal data to FedEx to be used as described above. c. To use this service, the AWB number and relevant contact information must be provided. FedEx will send out an SMS or email message to the recipient as a proof for the recipient to collect the shipment at the selected pick-up point. FedEx SMS or email message must be shown and customer signature is needed when collecting shipments at the selected pickup point. d. Recipients should take due caution in disposing the FedEx SMS or email message. Any unintended sharing of the FedEx SMS or email message with others may potentially lead to loss of shipment. BACK TO TOP Section 25. FedEx InSight®/FedEx Advanced Tracking In order to facilitate tracking and related analytics relating to your shipments, sent and received, FedEx may, at its sole discretion, offer certain functionality and analytics to approved customers through InSight or FedEx Advanced Tracking. As a condition for approval to register for and use FedEx InSight or FedEx Advanced Tracking you must agree to these terms: Information. a. You request that FedEx compile and format information regarding shipments for which You are the shipper, recipient or third party payer ("InSight Information") and, subject to the terms and conditions of this Agreement, FedEx grants You the non-exclusive, royalty-free right and license to use the InSight Information provided by FedEx. b. FedEx will provide InSight Information by means of Internet, email, FedEx automation device or other means at its sole discretion. You understand that the InSight Information will be based on information readily available to FedEx, that it may be limited, estimated or incomplete (resulting, in part, but not completely from shipper's request that FedEx block certain shipment information from the InSight Information provided to You) and that such information may change or be modified. Use. You may use the InSight Information for Your own internal business purposes, to facilitate delivery, customs clearance, or communication with a shipment's shipper, recipient, broker, third party payer or carrier, provided such uses are legal and do not violate any Federal, state or local laws. However, you agree not to use or allow any other party to use InSight, FedEx Advanced Tracking or the InSight Information (or any portion thereof) on your behalf for any other purpose, including without limitation, to audit the accuracy of FedEx/s performance, to obtain adjustments or refunds of shipping charges under FedEx Money-Back Guarantees or otherwise, or as an invoice for remittance purposes for shipments tendered to FedEx. You agree that FedEx shall have authority to deny any such Money-Back Guarantee claims made or filed based on InSight, FedEx Advanced Tracking or InSight Information. You also acknowledge that FedEx holds and retains all worldwide rights, title and interests, including without limitation, copyright, in and to InSight and FedEx Advanced Tracking. You agree not to copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble InSight, FedEx Advanced Tracking or any InSight Information. Maintenance and Updates. FedEx, in its sole discretion, may modify at any time, without notice, the nature and amount of InSight Information provided, the InSight Service, which consists of the features and services of InSight, as amended and updated, or the FedEx Advanced Tracking Service, which consists of the features and services of FedEx Advanced Tracking, as amended and updated. BACK TO TOP Section 26. FedEx® Electronic Trade Documents THE FOLLOWING TERMS OF USE GOVERN YOUR USE OF FEDEX® ELECTRONIC TRADE DOCUMENTS. YOUR VIEWING OR USE OF THIS SITE CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. FEDEX MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. Acknowledgment of Agreement with FedEx Software or Web-based Shipping Platform End User License Agreement or Terms of Use and Conditions of Carriage. Prior to accessing FedEx® Electronic Trade Documents, You acknowledge that You have accepted the Terms of Use or the End User License Agreement for the applicable FedEx internet-based shipping application or FedEx shipping software, including but not limited to FedEx Ship Manager Software, FedEx Ship Manager Server, FedEx Ship Manager at fedex.com, and FedEx Web Services, and agree with said Terms of Use or End User License Agreement. You also agree that all shipments are subject to the Conditions of Carriage as published by FedEx in the applicable Service Guide or Standard Conditions of Carriage on www.fedex.com or elsewhere and set out on the Air Way bill. Agreement to Use Electronic Trade Documents Instead of Printed Documents. By utilizing FedEx® Electronic Trade Documents, You authorize FedEx to ship Your international shipments using electronic documents instead of printed documents, including but not limited to the applicable commercial invoice, pro forma invoice, and export certificate of origin. Agreement to Provide Information, Letterhead and Signature Image. By utilizing FedEx® Electronic Trade Documents, You agree to provide FedEx with all information necessary to ship Your international packages, including but not limited to package level detail information, Your company letterhead and a signature image for You or an authorized representative of Your company. Accuracy of Information. You represent, warrant and covenant that any information provided by You to FedEx shall be true, accurate and complete. Validity of Letterhead. You represent, warrant and covenant that the letterhead provided by You to FedEx for use in executing electronic trade documents on Your behalf shall be a valid letterhead and that You possess the necessary right, title and interest in the letterhead to authorize FedEx to use the letterhead to execute electronic trade documents on Your behalf. Validity of Signature Image. You represent, warrant and covenant that any signature image provided by You to FedEx for use in executing electronic trade documents on Your behalf shall be of a valid signature by a person authorized by You or Your company to ship with FedEx and execute shipping-related documents on Your company's behalf, and shall be sufficient to constitute Your signature. Authorization for FedEx to Use Information. For any electronic trade documents completed by FedEx on behalf of You or Your company, You authorize FedEx to use the information provided by You to ship Your international packages, including but not limited to package level detail information, Your company letterhead and Your signature image or a signature image of an authorized representative of Your company. Original Documentation May Be Required for Some Shipments. You acknowledge that applicable customs laws, rules and regulations may require additional documentation for certain commodities, values or quantities and/or require that original hardcopy commercial invoices, licenses, permits, declarations, forms, certificates or other documentation accompany the shipment. You agree that it is Your responsibility to include all required documentation (including, without limitation, original hardcopy documentation) with any shipment You send using FedEx Electronic Trade Documents. Indemnification You will, at Your sole cost and expense, defend, indemnify and hold harmless FedEx, its parent corporation, subsidiaries, affiliated companies and their respective officers, directors, employees, agents, successors, and assigns from all claims, demands, suits, damages, costs, expenses, fines and judgments, including reasonable attorneys' fees (hereinafter collectively "Claims"), arising out of FedEx's use of the information provided by You, including but not limited to package level detail information, Your company letterhead and Your signature image or a signature image of an authorized representative of Your company. FedEx may intervene and assume its defense in any such claims, at its expense and in its sole discretion. You will not settle any action relating to any Claim that involves FedEx without the prior written consent of FedEx. NETIM - GENERAL TERMS AND CONDITIONS CG-NETIM version 2.3 - 25nd may 2018 This contract is between –NETIM, limited liability company under french law, with head office located 165 avenue de bretagne 59000 LILLE FRANCE, registered under number 451394720 RCS LILLE, VAT number FR5545139472, website http://www.netim.com, hereafter referred to as “NETIM” –any individual, private corporation or public corporation wishing to subscribe in one or more of the services provided by NETIM, hereafter referred to as the “Customer” CLAUSE 1 : PURPOSE This contract is intended to define the conditions under which NETIM engages with the Customer in connection with any service offered by NETIM. These general terms and conditions are completed by the contractual conditions applicable to each service and, if necessary, by special conditions and / or appendices. All these elements form a contractual framework, hereinafter referred to as "CG-NETIM" applicable to any order of service by the Customer with NETIM, to the exclusion of all other conditions, including those of the Customer. The services offered by NETIM for free are also governed by these CG-NETIM. The use of any NETIM's service assumes unconditional acceptance and continued compliance with these CG-NETIM. CLAUSE 2 : DURATION These CG-NETIM are concluded for the duration of the ordered service which starts from the provision of the service or the receipt of any account credentials by the Customer. In case of extension, NETIM's service is renewed for the same period, on condition of prior payment of the transaction by the Customer within the time prescribed, but with the CG-NETIM in force at the time of the transaction. CLAUSE 3 : CUSTOMER'S OBLIGATIONS The Customer undertakes to comply at all times and regardless of the service subscribed to the following obligations in addition to detailed contractual obligations for each service: –have the power, authority and capacity necessary for the conclusion and implementation of the obligations hereunder; –have read these before ordering any NETIM's service; –accept, commit to, to accept and enforce, at all times herein by any person who decides to delegate any right of access, management, administration or use, of any kind to be under his full responsibility; –checking, prior to the order, the service will match their needs and those of any persons to whom it decides to grant a right of use, of any nature whatsoever, in his full responsibility; –declare that neither the choice nor the use of any NETIM's services, directly or indirectly, does not violate or affect the rights of others and the laws; –declare to NETIM accurate personal data, complete and make continuous updating, spontaneously as well as upon request and be able to provide documentation in a timely manner by any means; –inform NETIM for loss, theft or any fraudulent act with respect to his credentials as soon as possible and prove his identity by any means; –bear alone the consequences of malfunction of the service resulting from any use by his staff or any person whom the Customer has provided his credentials. Similarly, the Customer alone bears the consequences of the loss of identifiers; NETIM - CG-NETIM version 2.3 - Page 1/7 –take all necessary insurance with a reputable insurance agency to cover all damages which may be attributable as part of this contract or its performance; –fully accept all legal obligations arising from the ownership of his services, NETIM can not be searched or molested in this respect for any reason whatsoever, including for violation of laws or regulations applicable to the Customer's services –work actively with NETIM, particularly to provide NETIM, on time, all documents, data, information held by him and necessary to carry out the services described herein. As part of his obligation to cooperate, the Customer agrees to regularly consult his interface or more generally the information given to him by email and to frequently review information about his services; CLAUSE 4 : NETIM'S OBLIGATIONS NETIM is an technical intermediary which offers a wide range of services, under conditions detailed in each contract for services offered, in addition to these Terms of Services. NETIM assumes hereunder an obligation of means. Whatever the proposed service, NETIM will: –make available to the Customer an automated, reliable and quick procedure to subscribe to any service offered by NETIM autonomously and securely via its website; –make available to the Customer a Web interface accessible with personal and dedicated credentials to enable him to independently manage and secure his account and the services or options associated therewith; –make available to the Customer at no extra charge a prepaid account so that he can easily pay his services; –provide all details on its services and options, their characteristics and technical limitations and procedures for their use; –allow termination of any service at any time during the contract, except in special cases specified in the contract applicable to the service; Moreover, for all services subject to these, NETIM is committed to provide assistance to the Customer via online tickets from the interface and by email. NETIM provides technical and commercial information about the service by responding promptly to questions and comments of the Customer, without obligation for NETIM to find a solution to the Customer, and without obligation of response time. CLAUSE 5 : NETIM'S RESPONSABILITIES In case of service failures resulting from a fault attributed to the latter, NETIM can only be held liable under this contract for direct and personal damages suffered by the Customer. NETIM can not be held liable for compensation for any indirect or consequential loss sustained by the Customer directly or indirectly as a result of the execution or faulty execution of this contract, such as including loss of revenue, of customers, profits, computer data, the hurt feelings, etc.. As an essential and determining condition of these CG-NETIM, if responsibility for NETIM retained, the Customer could claim in respect of compensation and damages or any regulation, any cause, that amount of regulations performed by him for the part of the service for which the responsibility of NETIM was retained in the year of the harmful event. Customer acknowledges that no provision of these prevent from the obligation to pay all amounts due under NETIM to the services provided. 5.1 Force majeure Responsibility for NETIM will not be committed if the contract or any obligation to NETIM hereunder is prevented, restricted or disturbed as a result of a Force Majeure including fire, explosion, network failures transmission facilities collapse, epidemic, earthquake, flood, power failure, war, embargo, law, order, request or requirement of any government, strike, boycott withdrawal of authorization of the telecommunication operator, or other circumstance beyond the reasonable control of NETIM. If the effects of a Force Majeure Event must have a duration longer than thirty (30) calendar days from the notification of a force majeure to the other party, the contract may be terminated automatically at the request of a either party, without entitlement to compensation on both sides. 5.2 Case because of the customer Responsibility for NETIM will not be committed following a bad use from the Customer, including the following cases: NETIM - CG-NETIM version 2.3 - Page 2/7 –deterioration of the application; –misuse of terminals by the Customer or his Customers, fault, negligence, omission or failure on his part, non- compliance with advice given; –unauthorized disclosure or use of identifiers given in confidence to the Customer; fault, negligence or omission of a third party over which NETIM has no control or supervision; –request for temporary or permanent interruption of service from a competent administrative or judicial authority, or notification of a third party pursuant to Article 6 of the french law LCEN (“Loi pour la confiance dans l'économie numérique”) –partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the Customer; CLAUSE 6 : PROCESSING, PRICES, PAYMENT 6.1A Customer's account When ordering a service with NETIM, the Customer must create an account including full contact details, which he ensures at all times the accuracy, reliability and sincerity. The Customer provides in particular an email address. It is informed that email addresses remain the only means of communication between the Customer and NETIM, including informing a payment request for renewal of his services. It is therefore to the Customer indicate at any time and as soon as possible to NETIM any change of details, including email address. NETIM can not be held responsible for the lack of care of the Customer in changing his details. 6.1A Customer's account with “VERIFIED” status A customer account gets the status "VERIFIED" when the customer data has been verified and authenticated by NETIM. This verification may be initiated automatically when ordering certain services, thus becoming a prerequisite for the processing of the order. This verification may be initiated at the sole discretion of NETIM in the event of litigation, suspicion of fraud, obviously incorrect customer data or any legal request for disclosure of customer data such as police request, etc. In order to get the status "VERIFIED", the Customer is contacted by email in order to provide identification documents such as a copy of an identity card or passport, a certificate of registration of a legal entity, etc. Due to this sensitive data, NETIM guarantees the Customer that the information is collected according to article 9 and will be stored in a secure manner without being disclosed to third parties. When the requested documents come from authorities and countries with non-Latin alphabet (such as Cyrillic, Chinese, etc.), the Customer is asked to provide the original and an English translation. Failure to provide legits, legible, and valid documents, the verification procedure will be considered unsuccessful and will not entitle the Customer to the services ordered or the impossibility of ordering new services or the cancellation of existing services. 6.2 Interface Each customer's account gives access to an online interface, hereinafter the "Interface" at https://netim.com/direct/, to manage his data and services associated with it. Access to the interface is possible and permitted with the credentials provided by NETIM. The Customer shall keep his credentials strictly confidential, not to disclose to third parties in any form whatsoever and to use it only strictly personal. Access to the interface is done under the sole responsibility of Customer. Access to Interface with the credentials assigned to the Customer is therefore deemed to be made automatically by the Customer and under his responsibility. It is the Customer in case of loss, theft or any fraudulent act against credentials to inform promptly NETIM and prove his identity by any means. Upon receipt of this notification, duly justified, NETIM intends to amend credentials. NETIM process the Customer's request as soon as possible and give it back by email the new credentials. The Customer remains responsible for the use of the service by others until the amendment by NETIM of credentials. 6.3 Order Processing NETIM - CG-NETIM version 2.3 - Page 3/7 Any order placed by Customer to NETIM is formalized by the production of an order summarizing the service by NETIM, duration and possibly the options chosen by the Customer. This purchase order is available at all times in the Interface. Promptly following the validation of the purchase order and receipt of the price payable by the Customer, NETIM send the Customer an acknowledgement by email and will process it. NETIM then forward credentials to the Customer in order to allow him access to the services. The order processing can intervene: –upon receipt of the price due by the Customer for the order in case of pre-payment. –upon validation of the order by NETIM in case of post-payment 6.4 Prices NETIM publishes its pricing on its website at http://www.netim.com and in the Interface. The Customer agrees to pay service charges due to NETIM, at the pricing in force at the time of his order, and upon issuance of an invoice by NETIM. The conclusion of a contract under these GC-NETIM does not imply the maintenance by NETIM of a pricing at current conditions to the Customer. Prices can be changed at any time without notice for future services. Unless otherwise specified, prices are tax free. According to Article 196 of the European value added tax regulation (directive 2006/112/EC), if the Customer is based inside European Union, the Customer could be charged the VAT at the rate of his country of residence. NETIM reserves the right to pass, without delay, any new tax or any increase in rates of existing taxes, as well as any significant changes in exchange rates. 6.5.A Payment The Customer choose the payment method adapted to the ordered service and its required processing time. The services provided by NETIM are payable on order. The Customer is solely responsible for payment of all amounts due under the contract for services. Unless expressly agreed and asked to report time and agreed by NETIM and written in a special way, the total or partial default of payment when due of any amount due under the contract will lead automatically and without prior notice to: –the immediate payment of all sums due from the Customer under the contract, regardless of the payment method provided; –the suspension of all current benefits, whatever their nature, without prejudice to NETIM to use the option of terminating the contract; –inability to subscribe to new services or to renew them; According to Article L.441-6 of the french code of commerce, in case of late payment, NETIM may give notice to the Customer and will be entitled to charge interest on a daily basis (compounded annually) on that part of the invoiced amount(s) remaining unpaid at the rate of 12% per year until payment in full is received. In addition, a lump sum in the amount of EUR 40 is due. An additional compensation can be claimed on evidence when the recovery costs exceed the amount of the lump sum. If the notice of the customer has no effect, NETIM may at any time transfer its receivables to a factoring company in which case payment must intervene for the benefit of the account mentioned on the invoice issued by the latter. In this case, NETIM invoices the customer for administrative costs incurred at the end of recovery. Any non-payment or irregular payment, ie, in particular, the wrong amount, or incomplete, or not having the required references, or effected by a means or procedure not accepted by NETIM, will simply be ignored and will cause its rejection by NETIM. As part of the fight against fraud, NETIM reserves the right to manually verify all payments received, in its sole discretion, at its own criteria and whatever the means of payment. On checking, the Customer will be notified by email of queuing of its payment, and therefore of the queuing process of the order. As part of this audit, NETIM may have to ask the customer for proof of payment or proof that payment has been personally initiated by the Customer. The Customer is warned that in the event of a payment by credit card in a currency other than EURO, charges may be invoiced by his own bank without the possibility of the Customer to obtain their refund from NETIM. 6.5.B Automatic payment NETIM - CG-NETIM version 2.3 - Page 4/7 NETIM offers the Customer the option to register his payment methods to facilitate the ordering process and to benefit from automatic payment services. From the Interface, the Customer can register up to 5 different payment methods with priority orders. Therefore, the execution of an automatic payment is made by using the means of payment having the highest priority and so on until the success of the full payment of the amount due. The Customer acknowledges that: –He is free at any time to cancel or suspend a registered payment method. –The registration of means of payment for which he is not the holder is formally forbidden. In addition, the Customer acknowledges and agrees that NETIM may, in its sole discretion, cancel or suspend any of the Customer's registered means of payment in particular but not limited in the event of suspected fraud or proven fraud. As part of credit card payments, NETIM guarantees that the data is not recorded in its system but on the payment gateway platform. As a security measure, NETIM does not therefore know any of the Client's bank details. As part of Paypal payments, NETIM uses the "pre-approved payments" feature. In this context, the Customer may alternatively and at any time cancel the authorization of payment directly in his account on Paypal. In the event of failure of an automatic payment, NETIM will send a failure notification by e-mail to the Customer to inform him of the problem and allow him to take the necessary actions for the smooth payment. 6.6 Right of withdrawal and Refund policy The Customer expressly agrees to accept that the execution of the services provided by NETIM begins at the validation of its full payment, before the end of the period for the right of withdrawal stipulated in the French consumer code. The customer also recognizes that services are clearly personalized by NETIM, selected by the Customer, and without the possibility for NETIM to make a cancellation. Therefore, in these circumstances and in accordance with Article L.121-21-8 of the french consumer code, the right of withdrawal will not apply, and this, nor at the first order of a service nor for any order of renewal. Refund policy has been specified by NETIM in the document « Cancellation and refund Policy » which is available on the website at the following address https://www.netim.com/general-terms.html 6.7 Deposit on the customer account The Customer has the option to deposit money in his Customer account, as a pre-payment, in order to proceed with the full or partial payment of his future orders. The amount available is indicated in the header of the Interface and all financial transactions relating to the account in the "Finances"> "Invoices / Credit notes” The Customer is informed that: –funds are not entitled to any interest; –any pre-payment does not entitle to an invoice. The fact of making a deposit of money is not the order of a benefit or service; –funds may be reimbursed for a fee of EUR 30 due to administrative costs incurred by NETIM; The Customer has the option to use the automatic deposit feature at no extra charge. In the Interface, the Customer can set a threshold on his balance below which an automatic payment of the chosen amount will be made. The Client is informed that: –The threshold and amount can be changed at any time –The trigger for an automatic payment is defined by a change in the customer's balance if its amount is below the specified threshold. –The automatic payment is made as defined in 6.5.B In case of payment failure, no new payment attempt is automatically made. It is then necessary to wait for the next trigger. NETIM - CG-NETIM version 2.3 - Page 5/7 6.8 Renewal of service NETIM undertakes to prevent, exclusively by electronic mail, the Customer at least thirty (30) calendar days before the expiration of service to the email address provided by Customer. This notification will be re-launched fifteen (15) calendar days, then seven (7) calendar days before the effective date of expiration of service and the morning of the day of expiration. NETIM performs the renewal of the service after collecting in his hands full price of the renewal of the service. When the payment is deferred such as a payment by check or bank transfer, it is the Customer responsibility to proceed with the renewal in sufficient time so that the payment is received by NETIM before the expiration of service. Lack of renewal and / or payment by the Customer on time, NETIM can not be held responsible for failure to renew the service. 6.9 Automatic renewal of service The Customer may use the auto-renewal at no extra cost. Automatic renewal will be performed by NETIM seven (7) calendar days before the expiration date of the actual service provided that: –The service is in a renewable state –The payment of renewal fees is successfully completed with an automatic payment as defined in 6.5.B In case of failure of an automatic renewal, NETIM send a failure notification email to the Customer to serve him the problem and allow him to take the actions necessary for the proper renewal of the service. Also, the automatic renewal will be re-executed every day until the expiration date of actual service. 6.10 Pre-orders In certain circomstances, NETIM allows the Customer to make a pre-order for a Service before its availability. NETIM reserves the right to no honor such kind of orders in case of change in wholesale pricing between the date of pre-order and the availability of the Service, especialy if a domain name becomes premium or if a Registry increases its wholesale pricing. Once the Service is available for registration, NETIM will proceed with the pre-order without any warranty. In case of failure, NETIM will produce a credit note and will make available the amount paid as credit to the Customer according to article 6.7. 6.11 Invoicing For each order validated and paid, an invoice will be generated with the information of the Customer account and in the currency of the order. The invoice will be made available exclusively by electronic means in PDF format and will be downloadable in the Customer area. NETIM offers the Customer to manage different billing contacts that can be used on the order form. Therefore, it is up to the Customer to manage and define the billing contact at the time of order and prior to the payment. The Customer acknowledges that it will no longer be possible to modify the billing information once an invoice is generated. In the event of the use of a billing contact, the Customer undertakes to provide full contact details, which he ensures the accuracy, reliability and sincerity. The Customer acknowledges that the use of false information in order to circumvent the rules of VAT is forbidden. CLAUSE 7 : SUSPENSION - TERMINATION 7.1 Termination This contract is automatically terminated when due fault prior renewal by the Client. Either party may terminate automatically and without compensation the contract if a force majeure event remain more than thirty (30) calendar days as stipulated in clause 5.1 The Customer is free to terminate the contract before its end by contacting NETIM. Cancellation policy has been specified by NETIM in the document « Cancellation and refund Policy » which is available on the website at the following address https://www.netim.com/general-terms.html In case of default by a party hereto to perform his obligations and to remedy it within fifteen (15) calendar days, the other party may legally terminate this agreement , by registered mail with return receipt, without prejudice to any possible damages that might be claimed to the defaulting party. NETIM - CG-NETIM version 2.3 - Page 6/7 7.2 Suspension When using the service in contravention of the terms hereof, the Customer shall be deemed in breach of his contractual obligations permitting NETIM, at its option, to: –suspend the service until full compliance by the Customer of his obligations; –give notice to the Customer to meet his obligations following notice; –automatically terminate this Agreement, without prejudice to any damages for any direct and / or indirect that the Customer may claim; Any suspension, termination or discontinuance of service under the conditions specified in this section leads to no compensation for the benefit of the Customer. If necessary, NETIM reserves the right to interrupt service to perform a technical intervention to improve its operation or any maintenance. No matter what service were subscribed, the Customer acknowledges that the following elements are considered as constituting serious breaches of his contractual obligations leading to a suspension of service without notice: –if the Customer deliberately provides fake, incomplete, inaccurate, or outdated contact information, or if the Customer does not update his contact information by his own, or upon request, or if the Customer does not provide NETIM with the requested proofs of ID corresponding to his declared identity, within 15 calendar days. –if NETIM is made aware of, or discover that the Customer provides, or is engaged in, in any way, directly or indirectly, through our services: –any provocation, eulogy, or encouragement to commit crimes or offenses, and particularly crimes against humanity; –eulogy or encouragement of racial hatred; –activity or content of racist, xenophobic, or negationist character; –activity or content of pedophile character, or that is liable to constitute or be associated with, either directly or indirectly to it; –child pornography, or the apology or trivialization of such acts, the eulogy or encouragement of violence, suicide, or the use, production, or distribution of illegal substances, or acts of terrorism; –if NETIM is made aware of, or discover that the Customer participates in, directly or indirectly, in any way whatsoever, via our services: –any attack or hacking of a third party’s computer system; –the illegal collection, processing, or transmission of data, or the illegal collection, processing, or transmission of data; –any computer attack or nuisance, of any kind whatsoever, whether or not this nuisance concerns NETIM's systems or services, or any other service connected to the Internet, –to any spamming activity 7.3 Account closure at the initiative of the Customer On request by the Customer, the customer account can be closed at any time if previously: –all services related to the account have been terminated; –debt clearance or reimbursement of receivables have been completed; The Customer acknowledges that his customer account can only be closed if the above conditions are met and in accordance with the personal data protection stipulated in article 9. NETIM - CG-NETIM version 2.3 - Page 7/7 7.3 Account closure at the initiative of NETIM At the initiative of NETIM, the account can be closed: –if all services related to the account are terminated; –in the absence of invoicing for more than 3 years; The latter may also intervene in case of default by the Customer to perform his obligations under this Contract. The Customer acknowledges that the customer account will be closed without notice or notification. Any receivables from the account will be definitively acquired by NETIM, as will any debts borne by NETIM. CLAUSE 8 : CORRESPONDENCE – PROOF Unless specifically provided herein, the correspondence between the parties are insured by email or via a ticketing system. Under article L.1316 of the french civil code and, where appropriate, under article L.110-3 of the french code of commerce, the parties declare that the information delivered by the Interface and NETIM's website evidence between the parties until a written signed and authenticated contradictorily, from questioning these computerized information is produced. Items such as the time of receipt or issuance, as well as the quality of data received by priority shall prevail as contained in NETIM's information systems, or such that authenticated NETIM's computerized procedures, except by written proof and otherwise by the Customer. The scope of the evidence of the information delivered by Netim's computer systems is that accorded to an original within the meaning of a written paper, signed by hand. CLAUSE 9 : PRIVACY AND PERSONAL DATA PROTECTION Processing of personal data has been specified by NETIM in the document « Personal Data Processing Policy » which is available on the website at the following address https://www.netim.com/general-terms.html and is deemed to be part of these terms and conditions. CLAUSE 10 : TOLERANCE The fact that NETIM does not prevail at any given moment from any of these CG-NETIM and/or tolerate a breach by the other party to any of his obligations under these CG-NETIM shall not be construed as a waiver by NETIM to take advantage later of any of those conditions. CLAUSE 11 : CONTRACTUAL AMENDMENTS If one or more provisions of this agreement are held to be invalid or declared as such under any law, regulation or after a decision becomes final of competent jurisdiction, the remaining provisions shall remain in full force and effect. Any exchange of correspondence, writings, e-mail, etc., can not call into question the terms of these CG-NETIM except amendment duly signed by representatives of both parties. In the event that the law should change and new obligations would be imposed by it, they would be directly integrated into these CG-NETIM without it being necessary to prevent the advance of either parties, each responsible for his actions before the law. As such, the responsibility of either party shall not be sought. In the event that the CG-NETIM online on the website would be changed, only those that were accepted by the customer are applicable. However, any contract renewal will be made to the updated terms and conditions in force, unless otherwise agreed between the parties duly specified. CLAUSE 12 : INTERPRETATION OF THE AGREEMENT The provisions herein constitute the entire agreement between the parties. They supersede any proposal, offer commercial exchange of letters before and after the conclusion hereof, and any other provision contained in documents exchanged between the parties relating to the subject matter hereof. NETIM - CG-NETIM version 2.3 - Page 8/7 CLAUSE 13 : RELATIONSHIP WITH THIRD-PARTIES The Customer expressly authorizes NETIM to outsource all or part of services subject to these. The Customer expressly authorizes NETIM to quote the Customer and / or his services, including his website associated with it, as a business reference and / or advertising. CLAUSE 14: APPLICABLE LAW – JURISDICTION These CG-NETIM are subject to French law. In case of difficulties in the implementation of these CG-NETIM, the parties agree to submit prior to a mutual agreement before any legal action. FOR ALL EVENT OF A DISPUTE IN CONNECTION WITH THESE CG-NETIM, THEIR INTERPRETATION AND THEIR CONSEQUENCES OR ACTS WITH THE SUPPLEMENT OR AMENDMENT, ASSIGNMENT AND EXPRESS EXCLUSIVE JURISDICTION IS MADE TO THE JURISDICTION OF THE SPRING OF LILLE, FRANCE, NOTWITHSTANDING PLURALITY OF DEFENDANTS, CALL WARRANTY, AND REFERRED EXPERTISE. NETIM - GENERAL TERMS AND CONDITIONS OF DOMAIN NAMES CG-ND version 2.3 - 25th may 2018 CLAUSE 1 : DEFINITIONS The following terms, whether used in singular or plural in these General Terms and Conditions, hereafter referred to as "CG-ND", shall have the following definition: -"Extension": Extension of the Domain Name of generic type (gTLD - generic Top Level Domain: ".com", ".net", ".biz" etc.) or of national type (ccTLD - country code Top Level Domain: ".fr", ".be" etc.) -"Domain Name": Internet address registered by the NETIM with different Registrars and Registries or the Customer's Domain Name managed by NETIM. -"Registry": registration unit for Domain Names with national Extensions (ccTLD), such as the AFNIC (French association for cooperative internet naming) in France for the ".fr" Extension. -« Trustee Authority »: Entity that defines and regulates the conditions of assignment and use of Domain Names, applying to each particular Extension. -"Registrar": Domain Name registration unit certified to register Domain Names by a duly authorised entity, such as the ICANN for example. -"Whois Database": a search engine provided to NETIM by one or more Registries which can be accessed by the Customer on the NETIM company's website and which is used to determine, by means of a search request, different information concerning a Domain Name, particularly its availability. This can be used to produce a Whois Extract. -"Naming Charter": any administrative regulation made by a Registry and applicable to Domain Name registration. CLAUSE 2 : PURPOSE These CG-ND define the terms and conditions under which NETIM allows the Customer, physical or legal person, individual or professional, to register, renew, transfer and manage one or several Domain Names. All registrations, transfers and renewals of Domain Names and more generally all operations relative to the Domain Name(s) imply the Customer's full acceptance without reservation of these CG-ND. These conditions supplement the general terms and conditions “CG-NETIM”, available at https://www.netim.com/general- terms.html, and prevail over these conditions should any conflict arise between these two documents. They may also, where appropriate, be applicable in conjunction with the NETIM's other services Terms and Conditions which would then be traceable to each separate benefits involved. The rules for Domain Names, which differ according to the Extension, are exhibited in special conditions corresponding to the Extension of the Domain Name. These special conditions supplement the present and will prevail over these conditions should any conflict arise. CLAUSE 3 : DURATION These CG-ND are concluded for the period of validity of a Domain Name registered with or transferred to NETIM by the Customer. This period starts from the Customer's payment of the price for the service in question until the effective deletion or the transfer to another registrar of the Domain Name. In case of Extension the validity of the Domain Name, NETIM's service is renewed for the new period, subject to prior payment of the transaction by the Customer within the time prescribed, but In accordance with the CG-ND in force at the time of the transaction. In case of transfer of the Domain Name to a third party under Clause 11 below, this contract is assigned to the new owner who have to accept these conditions for the remaining duration to cover. NETIM – CG-ND version 2.3 - Page 1 / 9 CLAUSE 4 : PRICE NETIM establishes a degressive price table depending to the purchased amount of the Customer over the last 12 months before the order in progress. This turnover is calculated daily in order to determine the Customer's current level in the degressive price table. The Customer will therefore receive the pricing corresponding to its level at the time of order. NETIM publishes its pricing in force on its website at http://www.netim.com/domain/prices.php and the pricing applicable to the Customer according to his current level into the Interface, section “Domains” >> "My rates'. Signing an agreement under theses CG-ND does not imply the maintenance by NETIM of a pricing under the current conditions to the profit of the Customer. The pricing and levels into the degressive rates table can be changed at any point in time without formal notice for future services. In the event of failure of the Domain Name's registration or transfer due to a fault on the part of the Customer (particularly in the case of failure to comply with required procedures or time-limits, failure to provide documents, etc.), NETIM may retain management fees equivalent to any expenses incurred. CLAUSE 5 : DECLARATIONS AND CUSTOMER'S RESPONSABILITIES 5.1 The Customer takes full responsibility for his chosen Domain Name. He declares that he shall register and use the Domain Name in compliance with currently applicable legislation and for strictly lawful purposes only. 5.2 By requesting the registration of a Domain Name, the maintaining of a Domain Name, the renewal or transfer of a Domain Name, the Customer hereby confirms and guarantees that: –All information provided for the registration of Domain Names is complete, true and updated, at any time ; –To the Customer's knowledge, the registration of the Domain Name shall not in any way breach the rights of any third-party; –The Customer is not registering the Domain Name for unlawful purposes; –The Customer shall not knowingly use the Domain Name in breach of currently applicable regulations; Similarly, the Customer agrees to: –assume full responsibility for the data reported and ensures NETIM that the person in whose name the Domain Name is registered has expressly or impliedly authorized to do so. –follow the procedure for settling disputes out of court applicable to the disputed domain. –to bear the full consequences of any kind, including monetary sanctions, in case he would not have received a mandate of the people he passes the name and contact for registration of a Domain Name. 5.3 The Customer acknowledges that wilful provision of false or unreliable informations, as well as failure to update the informations provided, or the lack of response to requests from NETIM concerning the accuracy of the contact informations associated to a Domain name, constitutes a violation of these conditions and may be grounds for suspension and/or cancelling of Domain name's registration. 5.4 The Customer declares that it has carried out, prior to the request for registration, renewal or transfer of his Domain Name, search operations for antecedences, notably in terms of brand-names, company names, business names, logos, intellectual work, publicity right etc. and has made sure that his Domain Name does not breach the rights of third-parties. 5.5 Subsequently, the Customer guarantees NETIM against any amicable, legal or arbitral claims directly or indirectly related to the registration of Domain Names and shall compensate NETIM for any damages and interests incurred to NETIM due to this, as well as any expenses incurred for defending NETIM in court, including any lawyer fees and expertise fees. These warranty and obligation of compensate survive to the termination or the expiry of registration's agreement. 5.6 The Client shall indemnify and defend the Registry, as well as these subcontractors and employees against any claim, damages, State liability, costs and expenses including reasonable fees and expenses incurred, arising out of or in connection with the Domain name's registration by the Client. These warranty and obligation of compensate survive to the termination or the expiry of registration's agreement. NETIM – CG-ND version 2.3 - Page 1 / 9 5.7 The Client acknowledges having red, understood and agrees the Domain name's Registry's policies as well as any policy or procedure imposed by ICANN. Domain name's registration presupposes the acceptation of these rules. CLAUSE 6 : NETIM'S RESPONSABILITES NETIM is subject to an obligation of means. NETIM can not be held liable in the case where the registration, renewal or transfer of a Domain Name were to fail due to the Customer’s fault (particularly due to its failure to respect time-limits for payments, failure to respect time-limits for provision of documents necessary for the registration of a Domain Name, the incomplete or erroneous nature of said documents, failure to respect a procedure edicted by NETIM, etc.). In such case, the price paid by the Customer shall be irrevocably forfeited and definitively acquired by NETIM. NETIM can not be held liable in the case where the registration, renewal or transfer of a Domain Name were to fail due a technical issue. In such case, a credit note will be provided and the price paid by the Customer shall be refunded. Similarly, NETIM will not be responsible for all acts and events relating to the registered Domain Name, if a license would be granted to a third party, which will not then be opposable to NETIM. It is therefore the responsability of the Customer to operate himself any useful check on the use of the Domain Name in accordance with the rules of ICANN, the Trustee Authority, and contract rules enacted by NETIM. CLAUSE 7 : OWNERSHIP OF DOMAIN NAME 7.1 The Domain Name registered by the Customer belongs to the individual or corporate entity for whom the ownership is declared with NETIM. 7.2 If the Customer intends to provide a third-party with an operating license for the registered Domain Name, he still remains its owner and is responsible in this quality With respect to third parties and with respect to NETIM. In the same manner, the Customer remains under all circumstances responsible for the provision and update of correct information concerning the Domain Name's contacts, in order to facilitate the quick resolution of any problem arising with relation to the Domain Name in question. Any Domain Name owner providing a license of use for a Domain Name must take responsibility for damages incurred to NETIM and/or third-parties due to the unlawful use of said Domain Name. 7.3 In the context of the use of trustee service under the conditions CG-ND-TRUST, the Customer acknowledges that ownership of the Domain Name will be officially acquired to NETIM or to any third party used by NETIM. CLAUSE 8 : REGISTRATION OF DOMAIN NAME 8.1 The Customer is responsible for carrying out all checks concerning the availability of the Domain Name that he wishes to register, as well as ensuring, under the conditions stipulated in clause 8 herein, that said Domain Name does not breach the rights of third-parties. The Customer is fully informed that NETIM does not carry out any of these checks. 8.2 Information concerning the availability of a Domain Name is provided strictly for the purpose of reference only and does not represent a registration offer until confirmation of the effective registration is issued by NETIM. 8.3 Domain Name registration shall not be carried out until payment of the price in full has been cleared and received by NETIM. The Customer therefore assumes full responsibility for the registration by third-parties of his chosen Domain Name between the order being placed for said Domain Name and the clearance and reception of the corresponding payment by NETIM whose liability can not be incurred in this case. 8.4 NETIM undertakes to proceed with, strictly subject to the availability of the ordered Domain Name, and as quickly as possible, the registration of the Domain Name with Registrars or Registries provided that: –correct payment of the full price has been received by NETIM –the Customer has complied with the applicable Naming Charter and, where applicable, has provided, within the given time-limit, all documents duly completed and/or all information required for the registration or transfer of the Domain Name. 8.5 If the Domain Name chosen by the Customer is registered by a third-party before effective payment of the price has been cleared by NETIM, a credit note will be provided and the price paid by the Customer shall be refunded. 8.6 The rules for registering a Domain Name, which differ according to the Extensions involved, are outlined in the NETIM – CG-ND version 2.3 - Page 1 / 9 Special Conditions as set out in Clause 1. CLAUSE 9: RENEWAL OF DOMAIN NAME 9.1 For all Domain Names registered with NETIM, the Customer is informed that the billing contact for the Domain Name shall be NETIM, without the Customer being able to change this quality, unless he transfers the Domain Name to another service provider. NETIM assumes, in the quality of billing contact, the mandate for renewing the Customer's Domain Name in the name of and on behalf of the Customer, provided that the Customer has already paid the price corresponding to the cost of renewal in force within the required time. 9.2 Under all circumstances, NETIM undertakes to notify the Client, exclusively by electronic mail provided and regularly updated by the client and in the Interface, the Customer at least thirty (30) days prior to the expiry of the Domain Name at the electronic mail address provided by the Customer. This notification shall be followed up fifteen (15) days, seven (7) days then three (3) days before the effective date of expiry of the Domain Name. This commitment isn't required when automatic renewal functionnality is activated on the Domain name. 9.3 NETIM shall proceed with the renewal of the Domain Name after the price of the renewal of the Domain Name has been cleared and credited to its account. 9.4 If renewal and/or payment by the Customer has not been carried out within the required time-limits, NETIM cannot be held responsible for the non-renewal of the Domain Name, nor for its registration by a third-party if applicable. 9.5 The rules for renewing a Domain Name, which differ according to the Extensions involved, are outlined in the Special Conditions as set out in Clause 1. 9.6 The Client is informed that NETIM may refuse the renewal of a Domain Name, in its sole discretion, provided that the Client is informed by e-mail at least 7 days before the expiry date of the said Domain Name. It will then be up to the Customer to take all necessary actions to transfer the Domain Name to another Registrar in a timely manner. CLAUSE 10: RESTORE OF DOMAIN NAME 10.1 The Customer is informed that in the case of its failure to renew or pay for a Domain Name prior to its expiry date, said Domain Name is subject to cancellation / deletion by NETIM. 10.2 Nevertheless, the Customer may carry out, with NETIM, a procedure for restoring the Domain Name in compliance with the regulations specific to each Extension, stipulated in the special terms and conditions annexed to these CG-ND. This procedure is carried out at the Customer's risk, provided that: –said Domain Name is registered with NETIM or NETIM's registrar –the restore period granted by the Registry for the Domain Name has not expired. –the Customer pays the price for the restore service beforehand, including any expenses incurred, at least two (2) days before the end of the period granted by the Registry for the Domain Name 10.3 NETIM shall do everything in its power to restore the expired Domain Name. The restore procedure is carried out with no guarantee of result, nor lead-time for carrying out said retrieval. NETIM cannot be held responsible for the non- restoration of the Domain Name, nor for its registration by a third-party if applicable. 10.4 In the event of failure to restore the Domain Name, a credit note will be provided and the price paid by the Customer shall be refunded. CLAUSE 11: TRANSFER OF DOMAIN NAME 11.1 General provisions The transfer of ownership or the transfer of registrar are carried out following the specific regulations for the Extension of the Domain Name, laid out in the corresponding Special Terms and Condition, and more generally under the following conditions: –The transfer of a Domain Name is subject to the acceptance of said transfer by the current owner / current contacts of said Domain Name. NETIM cannot be held responsible for the impossibility of transferring the NETIM – CG-ND version 2.3 - Page 1 / 9 Domain Name or any ensuing delays. –Despite the intervention of NETIM for carrying out the operations, NETIM is not responsible for obtaining approval from the current owner or the current contacts on behalf the Customer. 11.2 Ingoing transfer of Registrar The transfer of Registrar do not alter the ownership of Domain Name. In order to avoid a temporary Domain Name downtime, the Client shall specify the same DNS servers or proceed to the same technical configuration on the DNS server of NETIM prior to the transfer request. The Client shall obtain the consent of outgoing Registrar if necessary. 11.3 Outgoing transfer of Registrar The transfer of the Domain Name from NETIM to the benefit of a different service provider or Registrar is carried out freely and without incurring fees for the Customer provided that the Customer has paid all sums due to NETIM in full. For all transfer requests, the procedures to be followed by the Customer must be fulfilled before the Domain Name's expiry date. When the transfer is processed and confirmed by the Registry, all services provided by NETIM and the free services associated with the Domain Name automatically cease. When the Domain Name is administered by NETIM as a contact, the Client or the holder can request the direct Domain Name management of the Registry. In this case, the Registry will be defined as a contact instead of NETIM and this modification will be deemed like a outgoing transfer of the Domain Name. 11.4 Internal transfer between customer accounts The transfer of the Domain Name to the benefit of another Customer is carried out freely and without incurring fees under the following conditions: –the order of the transfer is carried out by the gaining Customer who is receiving the Domain Name directly on Website; –The authorization of the internal transfer shall be given by one of the following methods: –With the authorization code corresponding to the Domain Name provided by the loosing Client to the gaining one ; –Following the approval given within 7 days by the loosing and the gaining Client after the reception of an e-mail sent by NETIM (If the gaining Client does not have the authorization code, or if the Domain Name does not have an authorization code) As soon as the transfer request is authenticated, NETIM transfers the Domain Name to the gaining Customer account by assigning DNS servers and contacts requested when ordering on the Website. The Customer is informed that an internal transfer does not include a change of ownership on the Domain Name. CLAUSE 12: CANCELLATION OF Domain Name 12.1 Forced Cancellation Any court judgement enforceable served to NETIM and any arbitration award duly notified to NETIM taking transfer or cancellation of the Domain Name registered by the Customer will be executed in the state and right away by NETIM without prior notice to Customer. Similarly, the Customer acknowledges that the Registry of a Domain Name can proceed with the suspension, or with the cancellation of that Domain Name if it does not meet the attribution rules. In this case, the Domain Name can be cancelled by the Registry in the manner of its own. 12.2 Voluntary Cancellation The Customer may request removal of a Domain Name under his management by making a written request with the following form http://support.NETIM.com/docs/forms/EN_form_destruction.pdf NETIM will carry out the removal of the Domain Name concerned with the Registry as soon as possible after validation NETIM – CG-ND version 2.3 - Page 1 / 9 and verification of the application. 12.3 Financial Conditions Any cancellation of a Domain Name, whatever the cause, does not result in any refund of amounts collected by NETIM, except to demonstrate effective responsibility. 12.4 Liquidation If the Customer is subject to liquidation, termination of business, bankruptcy reorganization or other similar procedure, during the period of validity of the Domain Name, the designated representative may request transfer to the purchaser of the Domain Name's holder's assets, along with submission of appropriate documentation. CLAUSE 13 : SERVICES 13.1 DNS name servers management NETIM ensures the assignment and management of the DNS for Domain Names. This service is, where applicable, independent from that of the registration and renewal of the Domain Name. By default, the names of primary and secondary servers, as well as their respective IPs, are assigned on NETIM's servers. This information can be changed at any point in time by the Customer in the Interface provided that the Domain Name is registered with NETIM or with NETIM's registrar. NETIM reserves the right, particularly for requirements in terms of continuity of service, to modify, after notice has been given, the DNS assigned to the Customer's Domain Names. 13.2 Mail Forwarding NETIM provides various different electronic mail services such as a Redirection service for email addresses. For this, the Customer undertakes to provide NETIM, using the Interface , with the original email address and the redirection address. NETIM cannot be held responsible for information provided by the Customer that is incomplete, erroneous, inconsistent, not updated etc. The Customer undertakes to use the Service and/or the Electronic mail service and/or Redirection of electronic mail for the sole purpose of exchanging private correspondence and subsequently agrees not to use said Services for practising acts of unsolicited prospecting (spamming), including in bulk, acts of intrusion into computer systems, data transmission or unlawful documents and more generally, committing illicit acts by means of said Services. 13.3 Web Forwarding NETIM provides various traffic web forwarding services. The Client shall provide to NETIM by the Interface the redirection URL as well as some technical parameters. NETIM cannot be held responsible for information provided by the Customer that is incomplete, erroneous, inconsistent, not updated etc. The Client shall only use the redirection Service for lawful purposes and therefore refrain from using these Services in order to redirect traffic to illegal contents. 13.3 Masked whois NETIM proposes this functionality when the Extension of a Domain name authorizes the non-disclosure of the personal information in the Whois. In other words, some Registries, which manage and publish Whois information, make it possible not to disclose the information of the owner and contacts of Domain Names in the Whois according to their current law. The applicable rules for this feature therefore differ depending on the Extensions. 13.5 WHOIS privacy 13.5.1 Description of the service NETIM proposes to replace personal information related to the Domain Name, which are published in the Whois according to article 14, by those of the service. NETIM – CG-ND version 2.3 - Page 1 / 9 When the service is activated, the Client agrees that NETIM modifies the Domain Name so that the owner and contact information are replaced by « Whois Privacy Service, NETIM, 165 avenue de bretagne, 59000 Lille France, +33.97230747X, contact@whoisprivacy.domains » Upon disabling the service for any reason, NETIM will promptly update the Domain Name to redefine the original personal information at its disposal. 13.5.2 Rights on the Domain Name Although the Client is not defined anymore as owner and contacts when the service is activated, the Client retains full control and rights and remains the legally responsible owner of the Domain Name including the right to sell, transfer, renew, cancel or assign the Domain Name. 13.5.3 Communications The Customer acknowledges and accepts that any message transmitted to the contact information of the service will not be transmitted to him. It is therefore the Client's responsibility to disable the service when necessary, and especialy in order to transfer the Domain Name to another registrar or to validate the creation of an SSL certificate. NETIM provides a contact form, available at http://www.whoisprivacy.domains and https://dev.netim.com/whois-privacy- contact.html, to allow anyone to contact the owner and the different contacts of a Domain Name using the service. NETIM will then automatically transmit the message as soon as possible to the email addresses of the owner and each contact, in an anonymous manner, without become acquainted with the contents. In this regard, NETIM is solely bound by an obligation of means and can not be held responsible for failure to transmit the message to the recipients for any reason such as invalid, obsolete or non-functional email addresses. In the event that NETIM receives legitimate mail or legal notices on behalf of the Customer at the postal address of the service, NETIM will attempt to forward their contents to the Customer as soon as possible by e-mail. If the Customer does not respond in a timely manner to any solicitation that requires immediate action, including disputes, requests from law enforcement, or similar immediate concerns, NETIM may, in its sole discretion, suspend the service according to Section 13.5.5 13.5.5 Suspension, Termination, and Disclosure of Personal Information NETIM reserves the right to suspend or disable the service, or takes any other measure deemed to be appropriate, at any time and without prior notice, in the event of a complaint by a third party, of non-compliance with the present conditions in particular of the conditions of Article 5. Specifically, but not limited to, NETIM will suspend or terminate the service in order to: –Allow the transfer of a Domain Name to another registrar; –Comply with the law or legal process; –Comply with ICANN and Registries policy including disputes policy ; –Avoid its civil or criminal liability; –Resolve any third party claims; The Customer recognized that the suspension of the service will result in the disclosure of the original personal information to third parties in the Whois. The customer agrees that the use of the service can be definitively deactivated for a Domain Name without possibility for the Customer to assert any right to the service. CLAUSE 14 : DATA PROCESSING 14.1 Collected Data When registering or editing a Domain Name, the Customer is required to provide identifying and technical data for the owner, and for contacts as well. The exact list of data as well as the voluntary or mandatory nature of their communication to benefit from the service are specified on the entry form. 14.2 Privacy and personal data protection Processing of personal data has been specified by NETIM in the document « Personal Data Processing Policy » which is available on the website at the following address https://www.netim.com/general-terms.html and is deemed to be part of NETIM – CG-ND version 2.3 - Page 1 / 9 these terms and conditions. 14.3 Purpose The information collected through the Service allows the registration and management of the Domain Name, and are subject to automated processing in both NETIM and Registries Databases. The Customer agrees that this information, fully or partially, could be made public and available to anyone, including third parties, by simply querying the Whois Database, which is available on the website providing this public tool . This information will be disclosed worldwide on the Internet, including in countries not offering the same level of protection in the processing of personal data. The Client acknowledges and agrees that the Registry use this information including handling, copying, publishing, modification to maintain their central registrer. The Client allows also that the subcontractors and the Registry's employees have the same use of data in accordance and comply with data protection law and privacy legislation. Such data are used for the sole purpose to ensuring compliance the registration services with the ICANN's policies. In addition, all data transmitted to NETIM: –are treated for the proper functioning of the Service; –evidenced by the good performance of the Contract; –are retained in accordance with current regulations and accreditation contracts linking to NETIM to Trustee Authorities, Registries and / or Registrars; –may be disclosed in response to a legal or regulatory requirements as to satisfy a request of the judicial authority, of a Trustee Authority, a Registry or a registrar; 14.4 Reliability, access, modification, objection The Customer agrees to report complete, accurate and reliable information, including in case of use license. Under the regulations of the Trustee Authorities, and Registries / Registrars ; the breach of this obligation is such as to justify termination of the Agreement and cancellation of registration of the Domain Name. The Customer has a right to access, modify, rectify and oppose the data collected to do so by sending an email to the following address: "support@NETIM.com" or independently and securely in the Interface. The Customer declares that he informed the owner and the contacts of the Domain Name about : these obligations, the automatic processing and publication into the public Whois Database. The Customer declares to have received express prior consent for this purpose. However, since the naming system requires that owners and contacts of Domain Names are listed in Whois, exercising their right to object can be effected by the removal of corresponding Domain Names ; except in certain restricted scheduled Extensions, where the Customer can activate, for Extensions that allow it, a hidden Whois service offered by NETIM. Terms and Conditions of Use Thank you for visiting EyeBuyDirect.com! — an Essilor Group US Inc. website (the "Site"). EyeBuyDirect is a leading online retail store and source for all things eyewear. The Site is designed by us, EyeBuyDirect ("we" and "us"), a company with limited liability situated in and vested under the laws of Dallas TX, to provide a convenient, private, and informative shopping experience for consumers to purchase eyewear and eyewear related products — 24 hours a day, 7 days a week. We offer a large selection of eyewear and eyewear related products, along with a wealth of information designed to help consumers make educated purchasing decisions. We want each visitor to the Site ("you" — i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a safe, enjoyable visit. That’s why we’ve established the following general terms and conditions so that we (“us” and “you”) know what to expect from each other. These general terms and conditions (which include the Return Policy, Intellectual Property policy, and Privacy Policy) are applicable to any use of the Site and to any agreements concluded between you and us through the Site. If you do not agree to these Terms and Conditions, you cannot use or access this Site, you cannot buy any optical products or services through this Site, and you should immediately exit this Site. We may make changes to the Site, these Terms and Conditions of Use, or the policies and conditions that govern the use of the Site at any time in our sole discretion. We encourage you to review the Site and the General Terms and Conditions periodically for any updates or changes. By accessing the Site, using its current or future services and/or buying eyeglasses or other optical products through the Site, you agree that you have read, understood and agree to be bound by these Terms of Use. Your continued access or use of the Site shall also be deemed to be your acceptance of any updates and changes, and of the reasonableness of these Terms of Use. Your Account Obligations In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy to understand our privacy-related practices. Your Conduct Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site. Valid Prescription Required You hereby certify that you have a valid prescription for the eyeglasses that you are ordering. You represent and warrant to EyeBuyDirect by placing an order that your information you enter into the Site is valid and true and matches exactly your prescription as provided by your eye care provider. You further certify that you will renew your prescription in strict accordance with your eye care provider's suggested regime. You understand that we will not fulfill your order unless you have a valid prescription. You hereby consent to our contacting your eye care provider, or providing a copy of your original prescription to us, if necessary, to verify your prescription information and any other necessary information. Color and Product Description We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition. Delivery Deliveries will be as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days. Cooling-off Period You may return any products ordered by you and cancel the agreement without stating any reason for doing so. If you return the products, you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resealable packaging provided with them. Between the date of your election to withdraw and the date the product is returned by you to us, you shall bear all risk in keeping the products safe, secure, and free from loss or damage. Returns & Exchanges We offer a 14-Day Fit & Style Guarantee, as well as a 365-Day Product Guarantee. Please see our Shipping & Returns policy to understand our return related practices. We provide free returns on all of our products during these time periods. To make a return, simply call, email, or chat with us within the stated days for a complimentary electronic shipping label that you can print at home. Once you have the label, we ask that you ship your glasses back to us as soon as possible to initiate your refund. Looking for an exchange? We want to help you find your perfect pair of glasses. Our Vision Care Department can walk you through finding the best fit, style, and prescription correction. Glasses and sunglasses must be returned in their original boxes. Returns or exchanges may be denied, in very rare circumstances, based on the nature of prior transactions. EyeBuyDirect Credits All EyeBuyDirect credits are issued to your “My Account” and will be valid for 12 months from the date of issue, unless otherwise stated. To use the credit, please apply the credits under the Payment on the Checkout Page. Your credit will automatically be deducted from your total at checkout. Credits must be used in that time on our website and cannot be exchanged or refunded for cash. Warranty We guarantee the quality of our frames, lenses, and coatings. If you experience a manufacturing defect within 365 days of delivery, simply contact our Vision Care Department for a free return label to facilitate a replacement or exchange. Our warranty does not cover the damage caused by the wear and tear of everyday use, or the damage caused by sudden force or impact. Learn more Eyeglasses Policy Shipping and Payment Production times for prescription lenses vary in business days depending on the intricacy of the prescription and the type of lens required. When your order ships, you will be sent an email confirmation that includes a tracking number and instructions for how to track your order online. Please keep in mind that quality assurance technicians inspect and verify each and every eyeglass order. If your eyeglasses happen to fail quality assurance, your expected delivery time will be delayed. You will be kept up-to-date of any delays via email. For FAQ’s on shipments please visit our FAQ’s. If using a coupon code, please note that only one coupon code can be used per order. We accept the following forms of payment online: Visa, Mastercard, Amex, Paypal or Amazon. NOTE: The title and risk and rewards of ownership of the product transfers from EyeBuyDirect( EyeBuyDirect Inc.) to the customer at the point of shipment. Prescription When you are fitted for eyeglasses by your Eye Care Practitioner, they should provide you with a paper copy of your prescription. Keep in mind that eyeglass and contact lens prescriptions can be different, so you should ensure that you are ordering the parameters for your glasses and not for your contact lenses. Trademarks EyeBuyDirect and other graphics, logos, and service names used on the Site by EyeBuyDirect are the trademarks of EyeBuyDirect. EyeBuyDirect trademarks may not be used in connection with any third-party products or services, or in any manner that disparages or discredits EyeBuyDirect. All other brands and names (including third-party product names) are the property of their respective owners. Our Rights We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer. Termination These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site. Applicable Law EyeBuyDirect is a company registered in the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site, or the Content (a "Claim") shall be governed by the laws of Texas, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas, Texas, and irrevocably agree that all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Site Content You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. §107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any. Electronic Communications When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the Choice and Opt-out section. Links to Third Party Sites Occasionally, we may make available a link to a third party's website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents. Intellectual Property Policy Because copying can harm rightful owners of IP rights, we drafted the following IP Policy: You may not infringe any of the intellectual property rights associated with the manufacture, design, branding, and packaging of any products advertised on the Site, nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words EyeBuyDirect. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the property and/or copyright of EyeBuyDirect or its licensors and is protected by the copyright, trademark, and other laws of the United States. But for Protected Health Information (“PHI”), as that term is defined in privacy regulations issued pursuant to HIPAA, all information you post on the Site or communicate to EyeBuyDirect through the Site including, but not limited to, eyeglass reviews and photographs (collectively, “Submissions”) will forever be the property of EyeBuyDirect subject to EyeBuyDirect’s use, control and copyright protection. You hereby represent that your Submissions do not infringe on the rights of any third party. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written approval. Privacy Policy Read our full Privacy Policy Policies Opt-Out We provide you the opportunity to opt-out of having your personal information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any special offer emails from us, you may opt-out at any time by following the unsubscribe link located at the bottom of each email communication. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter. Opt-In EyeBuyDirect is part of the EssilorLuxottica group. By accepting these terms and conditions, you (i) allow us to share your data strictly with companies within the EssilorLuxottica group and (ii) give your express, specific, and informed consent to receive emails of promotional materials concerning optical products and glasses from these companies. Your data will not be shared with any third party company except for specific purposes detailed in our Privacy Policy. Each email sent to you by EyeBuyDirect and/or other companies within our group will include an 'unsubscribe' link. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. The payments are secured and handled by a third-party service provider. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can email us at eyecare@eyebuydirect.com When subscribing to our mobile text messaging program, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from EyeBuyDirect, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. EyeBuyDirect reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. EyeBuyDirect also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. For more details about our mobile text messaging program, see our full terms and conditions. Disclaimer of Warranty The content (as defined below) contained in this site is provided by EyeBuyDirect as a service to its customers. This site does not contain information about all eye diseases, nor does this site contain all medical information that may be relevant to your eyecare needs. The information provided in this site is only general health information, and is intended only to facilitate communication between you and your professional eyecare provider. This site does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment, or care. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your professional eyecare provider. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this site. Except as expressly and unambiguously stated otherwise, EyeBuyDirect does not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information, or service on this site. The information, services, and products contained in this site are provided "as is" without warranty of any kind, expressed or implied. EyeBuyDirect and our medical advisors, consultants, and staff expressly disclaim and exclude all warranties with respect to all information, services, and products contained in this site, expressed or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement. This site includes content provided by third parties and users. For such content, EyeBuyDirect is a distributor and not a publisher. EyeBuyDirect has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties (including merchants and licensors) are those of the respective authors or distributors of such content and not of EyeBuyDirect or its affiliates, officers, directors, employees, or agents. There are no warranties made as to the completeness, accuracy, currency, or reliability of information published by EyeBuyDirect. EyeBuyDirect does not warrant that information, services, and products contained in this site will satisfy your requirements or is without defect or error. Limitation on Liability You acknowledge and agree by your use of this site to assume full responsibility for all risk associated with your use of this site, including responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website. Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the service. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. Because some states and provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states and provinces liability is limited to the fullest extent permitted by law. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of use, or your violation of any rights of another. General Information These Terms and Conditions of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Site or the Terms and Conditions of Use, must be filed within one year after such claim or cause of action arose, or be forever barred. Submissions If you have any questions or comments, we are always pleased to hear from our customers regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and hereby assign to us without compensation or further obligation all now known or hereafter, existing rights to the Submissions of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. Read our full Privacy Policy Effective Date: January 13, 2022. COPYRIGHT NOTICE. Copyright ©EyeBuyDirect, All rights reserved. Any rights not expressly granted herein are hereby reserved. Privacy Policy EYEBUYDIRECT At EyeBuyDirect, helping you see clearly is what we do. And that includes full transparency around the information we collect when you visit our website and use our services. To make sure everything is crystal clear, we created this Privacy Policy to let you know what personal data we collect, why we collect it, and how we protect it. Your personal data includes any information relating to you that you provide, including your name, your home address, your telephone number, or your email address. We encourage you to read this Privacy Policy carefully, so you can understand how we are processing your personal data and how we are protecting your privacy. If you have any questions regarding our use of your personal data, you can of course contact us here: Our contact details are: EyeBuyDirect, Inc., eyecare@eyebuydirect.com Our Data Protection Officer is: Stéphane Larriere, eyecare@eyebuydirect.com 1. What information we collect 1.1. Data we collect when you visit our website: When you access our website, we automatically collect and store some of your data in our server logs and in cookies, which are small files sent to your computer when you visit our website. This data does not allow us to directly identify you; however, it records data related to your browsing activity on our website, such as: The pages you accessed, the date and time you accessed them, and your search requests. Information on your device, such as hardware model, operating system version, unique device identifier, internet protocol address, hardware settings, browser type, and browser language. The referral URL (in other words, the website that sent you to EyeBuyDirect, if you came to our website through a prior link). 1.2. Data you may provide when you sign up or when you order eyeglasses: We always aim to deliver the highest level of customer service and experience. Some of the services offered on our website require you to sign up for them. If you want to use these services, we will ask you to provide us with accurate personal information, Personal Identifying Information (PII) or Personal Health Information (PHI), as defined herein, and let us know if your data changes and needs updating. If you do not want to provide this information or any relevant updates, we may not be able to deliver the services you requested. You may provide the following types of personal data, PII or PHI when you use our services: your name, telephone number, e-mail address, home address, login and password, photograph, eyeglass prescription, credit card information, HSA debit card information, and date of birth. Financial data, including your credit or debit card information, is not stored by us except for the last four digits and expiration date. When placing an order, you are redirected to a third-party service provider who handles the payment process. 2. HOW WE USE PERSONAL DATA PROVIDED OR COLLECTED We only ever use your personal data within the limits authorized by laws and regulations, to deliver and enhance our services and your customer experience. Sometimes, we use your personal data because the laws and regulations require us to do so. We do not make any automated decisions, solely based on the automatic processing of your data, which could affect you. We may use your personal data for the following purposes: Fulfill your order(s) for prescription or non-prescription eyeglasses. Facilitate delivery of your purchases. Update you on the progress of your order(s). Send re-stock reminders. Process automatic re-orders. Handle returns. Service your account. To contact you in case of a product recall. We anonymize your IT data and use it to: Improve your experience on our website. Provide the best possible customer service experience. Help us to identify and report on bugs and issues. Assess the impact of changes we make on customer behavior. Analyze and improve the performance of the website. The payments and refunds are processed through a third-party payment processor. 3. HOW WE SHARE YOUR INFORMATION At times we may share certain personal information with third parties to provide or improve our products and services, or to send personalized and targeted messages to customers. When we do so, we require those third parties to handle it in accordance with relevant laws. We may use third-party advertising companies or affiliates to display advertisements on our website. These third-party advertising companies or affiliates may separately place or recognize a cookie file on your browser in the process delivering advertisements to our site. We cannot see the information collected or stored in third party cookies. And we do not provide personal information about you to these third-party advertisers or affiliates, or to any other third party. Still,we seek to protect the integrity of our site and our customers’ privacy, and welcome any feedback about these third-party entities. 4. HOW WE PROTECT YOUR INFORMATION We have robust measures in place to protect your personal data against unauthorized access, use, or disclosure, including without limitation: We are required to maintain the privacy of your PHI, to notify you of any breaches of your unsecured PHI, and to provide you with notice of our legal duties and privacy practices with respect to PHI. We apply sophisticated technical measures to ensure that your personal data is recorded and processed in complete confidentiality and security. We apply appropriate restrictions on access to your personal data, and monitoring of the access, use, and transfer of personal data. All our employees who have access to your personal data are required to enter into non-disclosure or similar agreements, which imposes obligations on them to comply with our data privacy and confidentiality requirements. We require any business partners and third-party service providers with whom we may share your personal data to comply with any applicable data privacy and confidentiality requirements. We provide data privacy training on a regular basis to our employees. 5. PRIVACY PRACTICES RELATING TO YOUR PHI THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE READ IT CAREFULLY. EyeBuyDirect will only use and disclose your PHI without your authorization when necessary for: coordination of your vision care treatment payment health care operations, or as required or permitted by law (please see “Use or Disclosure Required or Permitted by Law” section). Disclosure To EyeBuyDirect’s Business Associates EyeBuyDirect will only disclose your PHI to Business Associates who have agreed in writing to maintain the privacy of PHI as required by law. Use Or Disclosure Requiring Authorization EyeBuyDirect will not use or disclose your PHI for purposes other than those described in this Notice. If it becomes necessary to disclose any of your PHI for other reasons, EyeBuyDirect will request your written authorization. EyeBuyDirect will obtain your authorization for any sale of PHI, to use or disclose your PHI for marketing. Revoking Authorization: If you provide written authorization, you may revoke it at any time in writing, except to the extent that EyeBuyDirect has relied upon the authorization prior to its being revoked. Use Or Disclosure Required Or Permitted By Law EyeBuyDirect may use or disclose your PHI to the extent that the law requires the use or disclosure: Public Health: For public health activities or as required by the public health authority. Health Oversight: To a health oversight agency for activities such as audits, investigations and inspections. Oversight agencies include, but are not limited to, government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws. Legal Proceedings: In response to an order of a court or administrative tribunal, in response to a subpoena, discovery request or other lawful process. Law Enforcement: For law enforcement purposes, including: - legal process or as otherwise required by law; - limited information requests for identification and location; - use or disclosure related to a victim of a crime; - suspicion that death has occurred as a result of criminal conduct; - if a crime occurs on EyeBuyDirect’s premises; or - in a medical emergency where it is likely that a crime has occurred. Criminal Activity: As requested by law enforcement authorities, if the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Personal Representative EyeBuyDirect may disclose your PHI to a person who has legal authority to make health care decisions on your behalf. Disclosure Requiring Opportunity To Object EyeBuyDirect may disclose your PHI to a family member, friend, or other person involved in your care or payment if the information is relevant to their involvement and you have agreed or had an opportunity to object. 6. DEFINITIONS Business Associate A person or entity that performs a service for EyeBuyDirect, and creates, maintains, transmits, uses or discloses PHI in the course of performing those services. These services may include, but are not limited to: billing bill payment with HSA debit card(s) claim processing data entry Health Care Operations Activities related to EyeBuyDirect’s operations, including but not limited to: customer issue resolution implementing and maintaining compliant privacy and security policies and procedures. Payment Transmission or processing of claims for services you receive from EyeBuyDirect. Personal Identifying Information Information related to an identifiable person. Protected Health Information Information relating to a patient-customer’s past, present or future health or condition, the provision of health care to a patient-customer, or payment for the provision of health care to a patient-customer. PHI includes, but is not limited to: patient-customer name Social Security number/member ID service date diagnosis or prescription information claim information Treatment The provision, coordination or management of vision care and related services by one or more vision care providers. 7. Your rights Under applicable data protection laws and regulations, you have the right: Of access to, correction of, and/or erasure of your personal data. To restrict or object to its processing. To tell us that you do not wish to receive marketing information. In some circumstances: to require certain parts of your personal data to be transferred to you or a third party. To the extent our processing of your personal data is based upon your consent: to withdraw your consent, without affecting the lawfulness of our processing based on your consent before its withdrawal. We are committed to enabling you the full exercise of your rights. If you wish to access, correct, erase or restrict your data, you can contact us at the details shared at the beginning of this Privacy Policy. Please provide us with the following information, so that we can appropriately handle your request: Your email and full name and last name, as registered with EyeBuyDirect. Your specific petition (in other words, what rights you want to exercise). The date of the application and your signature (if you sent your application by postal mail). 8. VIRTUAL TRY-ON POLICY AND CONSENT EyeBuyDirect gives you the opportunity to virtually try on EyeBuyDirect eyeglasses prior to purchase by using its Virtual Try-On (VTO) tool. You can use your device’s live camera feed or upload a photograph to see what EyeBuyDirect’s eyeglasses look like in real-time – on your own device. When you use the VTO, it downloads to your personal device and runs and processes data only on your device. Only you see these real-time images on your device. They exist only in the moment when you are using the VTO and are immediately deleted from your device when your use of the VTO ends. There is no external transfer of VTO data or images from your device to EyeBuyDirect except for eyeglass SKU numbers, Google Analytics click tracking data, and any photographs you uploaded to the VTO after creating an EyeBuyDirect account. If you created an EyeBuyDirect account, EyeBuyDirect will store your uploaded photographs for one year for your convenience for future VTO use only and then will promptly destroy them. You may also delete your uploaded photographs from the VTO at any time. EyeBuyDirect does not collect any biometric data from your uploaded photographs and does not use your uploaded photographs to identify you. This policy and consent is intended to comply with laws such as the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq., the Texas Capture or Use of Biometric Identifier Act, Tex. Bus. & Com. Code Ann. §503.001, the Washington Biometric Privacy Law, Wash. Rev. Code Ann. §19.375 et seq., the California Consumer Privacy Act, Cal. Civ. Code §1798.100 et seq., and other applicable laws and supplements prior communications, policies and practices that relate to this subject. EyeBuyDirect does not collect, store or possess any biometric identifiers or biometric information identifiable to you, as defined by the Biometric Information Privacy Act, 740 ILCS 14/1 et seq. A “biometric identifier” is “a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.” “Biometric information” is “any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.” 740 ILCS 14/10. Biometric identifiers and biometric information do not include “photographs” or “information captured from a patient in a health care setting, or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996.” Id. You acknowledge that this policy is available to you, and the public, at any time upon request and at https://www.eyebuydirect.com. If you have any questions or concerns regarding this policy and consent, please contact our Data Protection Officer Stéphane Larriere at eyecare@eyebuydirect.com. By using this Site, you acknowledge that you have read this policy, understand it and agree to abide by it, in addition to EyeBuyDirect’s full Privacy Policy and its Terms and Conditions of Use. 9. Mutual Arbitration Agreement With Class Action and Class Arbitration Waiver Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court. By accessing the Site, using its current or future services and/or buying eyeglasses or other optical products through the Site, you agree that you have read, understood and agree to be bound by EyeBuyDirect’s Terms of Use, including this Mutual Arbitration Agreement. Section 9.1. Informal Dispute Resolution. EyeBuyDirect is available at eyecare@eyebuydirect.com to address any concerns you may have regarding our products and services, Privacy Policy, Terms and Conditions of Use and related documents. Most concerns are resolved quickly in this manner. Both EyeBuyDirect and you must first bring any concerns, disputes, claims, or disagreements to the other’s attention and negotiate in good faith to resolve them, as a precondition to initiating any lawsuit or arbitration. Section 9.2. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 9.1 above, then either EyeBuyDirect or you may initiate binding arbitration. EyeBuyDirect and you agree that all legal disputes and claims between you shall be determined exclusively by final and binding arbitration. Claims subject to this Agreement shall include claims against EyeBuyDirect’s parents, subsidiaries, affiliates, brands, clients, customers, alleged agents, alleged joint ventures, and their respective directors, officers, employees, and agents, whether current, former, or future. The only legal disputes and claims excluded from this Agreement are claims: (a) to enforce this Agreement, compel arbitration, or enforce, modify, or vacate an arbitrator’s award; (b) asserted by you prior to your execution or deemed acceptance of this Agreement; and (c) asserted on your behalf by another individual if and only if such a claim was filed prior to your execution or deemed acceptance of this Agreement. The arbitration shall be administered on a confidential basis by JAMS, in accordance with JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class arbitration, and Federal Rule of Civil Procedure 68 (“Offer of Judgment”). Each party will have the right to use legal counsel in connection with arbitration at his, her or its own expense. The parties shall select a single neutral arbitrator in accordance with JAMS Streamlined Arbitration Rules and Procedures. The arbitration may be held virtually or in (or near) the city in which you resided when you used EyeBuyDirect’s Site or services. Except as noted in Section 9.3, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including without limitation any claim that it is void or voidable. If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render this Agreement valid and enforceable for individual arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Three Hundred U.S. Dollars ($300), EyeBuyDirect will pay the additional cost. EyeBuyDirect will also be responsible for paying all other arbitration costs arising in connection with the arbitration, except as determined by the arbitrator. Each party shall pay its own attorneys’ fees, except as provided in Federal Rule of Civil Procedure 68 or as determined by the arbitrator in accordance with applicable legal standards. The arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party to the same extent a court would be entitled to do so, in accordance with applicable law. Section 9.3. Waiver of Class Action and Class Arbitration. EyeBuyDirect and you each agree that any arbitration shall be conducted only on an individual basis and not as a class, collective, consolidated, joint, or representative action (“Class Action”). EyeBuyDirect and you each expressly waive any right to file or seek relief in a Class Action. Any dispute concerning the scope or validity of this Class Action waiver shall be decided by a court of competent jurisdiction and not the arbitrator. If any court determines that the Class Action waiver in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class, collective, consolidated, joint, or representative basis, then the parties waive any right to arbitration of a Class Action and instead agree and stipulate that such Class Action will be heard only in court. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial. If eight (8) or more demands for arbitration involving substantially similar claims are filed against EyeBuyDirect and remain pending, (a) JAMS shall determine phases for such proceedings as needed for the efficient administration of all such proceedings, including the determination of a schedule for the selection of arbitrators and payment of arbitration fees and costs in phases, and (b) any party shall be authorized to designate and rely on written discovery responses or deposition testimony from one such proceeding in other such proceedings in lieu of responding to substantially similar discovery requests in substantially similar proceedings. Section 9.4. Exception – Small Claims Court. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, EyeBuyDirect or you may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. Section 9.5. Knowing and Voluntary Waiver. Both parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. You have read and understand this Agreement. You further understand that you may consult with an attorney of your choosing regarding the Agreement’s effect to the extent you deem necessary. YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING THE RIGHT TO FILE A LAWSUIT AGAINST THE COMPANY OR PROCEED IN FRONT OF A JUDGE OR JURY, EXCEPT AS DESCRIBED ABOVE. 10. CALIFORNIA CONSUMER PRIVACY ACT DISCLOSURES Effective as of January 1, 2020, the California Consumer Privacy Act disclosure page supplements the EyeBuyDirect Privacy Policy, which describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share it, and with whom we share it. These additional disclosures are required by the California Consumer Privacy Act: 10.1. Personal Information Collected, by Category: The personal information that EyeBuyDirect collects, or has collected, from consumers in the 12 months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act, depending on which EyeBuyDirect Service is used: Identifiers such as your name, alias, address, phone numbers, or IP address. Age, gender, or other protected classifications. Commercial information, such as purchase. Geolocation data, such as the location of your device or computer. Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with our website. Audio or visual information. Inference data, such as information about your purchase preferences. 10.2. Personal Information Disclosed for a Business Purpose, by Category: The personal information that EyeBuyDirect disclosed about consumers for a business purpose in the 12 months prior to the effective date of this Disclosure fall into the following categories established by the California Consumer Privacy Act, depending on which EyeBuyDirect Service is used: Identifiers such as your name, address, phone numbers, or IP address. Your age, gender, or other protected classifications. Commercial information, such as the details of a product you purchased if a third-party service provider is assisting to provide that product to you. Geolocation data. Audio or visual information. 10.3. Rights to Your Personal Information. Under the California Consumer Privacy Act, you may have the right to request access to or the deletion of your personal information, along with information about the collection of your personal information, by EyeBuyDirect. To exercise your right to know, your right to delete, or your right to opt out of the sale of your personal information, email eyecare@eyebuydirect.com or click here for our interactive webform. Depending on your data choices, certain services may be limited or unavailable. To protect the security of your personal information, we will require you to provide us with identifying information for you or your household such as email address, telephone number, a description of the product or service you purchased or inquired about, and/or other information that we can match with the personal information we have collected about you or your household to verify your identities. You may use an authorized agent to request access to or deletion of your personal information or the personal information of your household. We will require your authorized agent to provide us with either (1) a power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your personal information on behalf of you or your household. Further, we will require you or your authorized agent to provide us with identifying information to verify your identity and/or the identities or your household members. Once we receive and confirm your verifiable consumer request to delete, we will delete the personal information that we hold about you (to the extent provided by law) as of the date of your request from our records. However, please know that a business is not required to comply with a request to delete if it is necessary for the business to maintain the personal information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the personal information, internally, in a lawful manner that is compatible within the context in which the consumer provided the information. Once submitted, you will receive an email within 10 days that we will use to verify your identity and provide confirmation of your request. We will respond to your request to access or request to delete your information within 45 days from the day we receive the request. If necessary, we may extend the time period to a maximum total of 90 days from the day we receive the request. In this case, you will receive an email notifying you of the extension and explaining the reason for the extension. We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for such a decision and provide you with a cost estimate before further processing your request. Individual California residents also have the right under the California Online Privacy Protection Act (CalOPPA) to request information about our disclosures of certain categories of personal information to our affiliates or third parties for their direct marketing purposes. We will provide a list of the categories of personal information disclosed to third parties or our affiliates for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties or affiliates. This request may be made no more than once per calendar year. Individual California Users must submit their requests to us either by email at: eyecare@eyebuydirect.com or write us at the mailing address in the Contact Us section below. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section. 10.4. Right to Opt-Out of Sale of Personal Information. Right to Opt-Out The California Consumer Privacy Act defines "sell" to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s personal information to another business or a third party for monetary or other valuable consideration. How to Submit a Request to Opt-Out You may submit a request to opt-out of sales through our interactive webform available here. You also may submit a request by emailing us at eyecare@eyebuydirect.com or by visiting My Account How We Process a Request to Opt-Out We will act upon your request to opt-out within 15 days from the date that you submit the request. However, we may deny the request if we have a good-faith, reasonable, and documented belief that the request is fraudulent. If we deny the request on this basis, we will notify the requesting party and provide an explanation of why we believe the request is fraudulent. 10.5. No Discrimination. EyeBuyDirect will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act. 11. CHILDREN’S PRIVACY We are especially sensitive about children’s information. We do not knowingly collect Personal Information from children under 13. If you are a parent or legal guardian and think your child under the age of 13 has given us information, you can contact us to remove the information. In addition, California minors (under 18 years of age) may in certain circumstances request and obtain removal of content or information. If you are a California minor, you may contact us to make a removal request. 12. EU RESIDENTS AND INFORMATION STORED IN THE UNITED STATES The Services do not apply to residents of the European Union (EU). If you input your personal information on our website, please understand that your data will be stored in the United States whose privacy laws do not provide equal levels of protection as those of the EU Users who live in, or access our services from countries outside of the United States, thereby agree and consent to their personal information being collected and stored on servers located outside of their country of residence, and acknowledge that protection of this information is not guaranteed to match that level of protection assured to them under the laws of their country of residence or location. 13. CHANGES TO THIS privacy policy We may amend this Privacy Policy to reflect changes in the law, our interpretation of applicable laws and regulations, changes to our practices or services, or changes in technology. We reserve the right to revise this Privacy Policy at any time and will periodically update our policy on this site. Last updated: 2022-01-13. Tenant Initiated Claim - Terms of Use You need to agree to the following Terms of Use to commence a Tenant Initiated Claim. Submitting a Tenant Initiated Claim You acknowledge that: Only a tenant who is a party to the bond, or their authorised representative, can submit a Tenant Initiated Claim. A Tenant Initiated Claim cannot be submitted before the tenancy has ended. Penalties may apply to the provision of false information. You consent to conducting this Tenant Initiated Claim electronically through the Electronic Transaction Facility (ET Facility) and acknowledge that this consent is legally binding on you. Use of Electronic Transactions Facility (ET Facility) Information will be given by you and provided to you electronically through the ET Facility and by email. Protecting your personal details and keeping them up to date Your email address is the means by which the RTBA provides you with secure access to the ET Facility to conduct bond transactions. You agree that you will not allow any other person to access emails provided to you by the RTBA. Verification Transactions processed via the ET Facility are subject to verification by the RTBA. The RTBA reserves the right to issue any corrections or to cancel any transactions conducted using the ET Facility in the event of error or other discrepancy. You agree to repay to the RTBA any amounts paid in error to you, including where any unauthorised person has undertaken a transaction without your knowledge or authority. Disclaimer Neither the RTBA nor the State of Victoria represents that information contained in or available through the ET Facility is accurate, authentic or complete. To the extent permitted by law, the RTBA and the State of Victoria exclude liability for any loss or damage (including loss or damage caused by viruses) whether direct or indirect, caused to you by your use of or reliance on the ET Facility. Availability The ET Facility may be unavailable at any time without notice. Viewing the website You agree to view the screens presented by the ET Facility in full screen format. The RTBA and the State of Victoria are not responsible for the display of information in any other format. External websites The ET Facility provides links to external websites. Neither the RTBA nor the State of Victoria control such external websites and exclude all liability to you for any loss or damage arising out of your use of them. Neither the RTBA nor the State of Victoria endorse any external websites or warrant that they are accurate, authentic or complete. Your use of any external website is governed by the terms of the website. The provision of a link to an external website does not authorise you to reproduce, adapt, modify, communicate or in any way deal with the material on that site. Copyright Unless stated otherwise, copyright in the ET Facility and all associated materials is owned by the RTBA or used under license. You may make limited copies of the materials accessed in connection with the ET Facility for the purposes of conducting transactions, for keeping records of those transactions and as otherwise permitted by law. You may not otherwise reproduce, adapt, modify, communicate to the public, reproduce or otherwise use any part of the ET Facility and associated materials (in particular for commercial purposes) without written permission from the RTBA. Enquiries and requests for permission may be sent to: Residential Tenancies Bond Authority Locked Bag 007 Wendouree VIC 3355

Hinge Terms Effective on 5/23/2019 California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple/Google, not Hinge. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting Hinge Customer Service at hello@hinge.co, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: Hinge, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA. The Company’s business is conducted, in part, at 508 LaGuardia Place, New York, New York 10012. You may have these terms of use e-mailed to you by sending a letter to Terms Inquiries, P.O. Box 25472, Dallas, Texas 75225, USA. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210. We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety. INTRODUCTION By accessing or using Hinge’s services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates. Welcome to Hinge, operated by MTCH Technology Services Limited (“MTCH Technology”) for users located in the European Economic Area, United Kingdom, and Switzerland, and operated by Hinge, Inc. for all other users. As used in this Agreement, the terms “Hinge,” “us,” “we,” the “Company”, and “our” shall refer to Hinge, Inc. and/or MTCH Technology Services Limited, as appropriate. By accessing or using our Services on www.hinge.co (the “Website”), the Hinge mobile application (the “App”), or any other platforms or services Hinge may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status. Your use of our Services is also subject to the Privacy and Cookie Policies, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Hinge (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services. We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES Before you create an account on Hinge, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Hinge. By using our Services, you represent and warrant that: You are at least 18 years old; You are legally qualified to enter a binding contract with Hinge; You are seeking a meaningful relationship. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; You are not on any list of individuals prohibited from conducting business with the United States; You are not prohibited by law from using our services; You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence; You are not required to register as a sex offender with any state, federal or local sex offender registry; You do not have more than one account on our Services; and You have not previously been removed from our Services by us, unless you have our express written permission to create a new account. If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning. You agree to: • Comply with these Terms, and check this page from time to time to ensure you are aware of any change; • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements; • Use the latest version of the Website and/or App; • Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles; • Be respectful when communicating with any of our customer care representatives or other employees; • Review the Safety Tips; and • Maintain a strong password and take reasonable measures to protect the security of your login information. • Present yourself respectfully and authentically by adding at least one photo that shows your face. You agree that you will not: • Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity; • Use the Services in a way that damages the Services or prevents their use by other users; • Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks; • Use our Services for any harmful, illegal, or nefarious purpose; • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person; • Post or share Prohibited Content (see below); • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission; • Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation; • Use another user’s account; • Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or • Violate the terms of the license granted to you by Hinge (see Section 6 below). • Disclose private or proprietary information that you do not have the right to disclose; • Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Hinge’s prior written consent; • Express or imply that any statements you make are endorsed by Hinge; • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents; • Upload viruses or other malicious code or otherwise compromise the security of our Services; • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services; • “Frame” or “mirror” any part of our Services without Hinge’s prior written authorization; • Use meta tags or code or other devices containing any reference to Hinge or the platform (or any trademark, trade name, service mark, logo or slogan of Hinge) to direct any person to any other website for any purpose; • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so; • Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent; • Use, access, or publish the Hinge application programming interface without our written consent; • Probe, scan or test the vulnerability of our Services or any system or network; or • Encourage, promote, or agree to engage in any activity that violates these Terms. Prohibited Content—Hinge prohibits uploading or sharing content that: • Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person; • Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity; • Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry; • Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; • Is defamatory, libelous, or untrue; • Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers); • Involves the transmission of “junk” mail or “spam”; • Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Hinge or otherwise; • Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights); • Was not written by you or was automatically generated, unless expressly authorized by Hinge; • Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian; • Is inconsistent with the intended use of the Services; or • May harm the reputation of Hinge or its affiliates. The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account. CONTENT It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content. While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Hinge provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users. 3a. YOUR CONTENT You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online. Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content. 3b. MEMBER CONTENT While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms. Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content. 3c. OUR CONTENT Hinge owns all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING Hinge does not tolerate inappropriate content or behavior on our Services. We are committed to maintaining a positive and respectful Hinge community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also email Hinge Customer Service at hello@hinge.co. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below. PRIVACY Privacy is important to us. We have a separate policy about it that you should read. For information about how Hinge and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy. RIGHTS YOU ARE GRANTED BY HINGE Hinge grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, Hinge grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Hinge and permitted by these Terms and applicable laws. RIGHTS YOU GRANT HINGE You own all of the content you provide to Hinge, but you also grant us the right to use Your Content as provided in this Agreement. By creating an account, you grant to Hinge a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Hinge’s license to Your Content shall be non-exclusive, except that Hinge’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Hinge would have an exclusive license to screenshots of our Services that include Your Content. In addition, so that Hinge can prevent the use of Your Content outside of our Services, you authorize Hinge to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Hinge is not obligated to take any action with regard to use of Your Content by other users or third parties. Hinge’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws). In consideration for Hinge allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Hinge regarding our Services, you agree that Hinge may use and share such feedback for any purpose without compensating you. You agree that Hinge may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS You will have the opportunity to purchase products and services from Hinge. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel. Hinge may offer products and services for purchase through iTunes, Google Play or other external services authorized by Hinge (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point is will expire. Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9. 8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel. When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time. If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Hinge. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Hinge subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Hinge subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires. If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Hinge may terminate your account immediately in its sole discretion. Hinge will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8b below for more information. 8b. REFUNDS Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the EU or European Economic Area. Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area: In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below. If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Hinge. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other purchase, please contact Hinge Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Hinge, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA (California and Ohio users may also email us by clicking here or send a facsimile to 214-853-4309). ACCOUNT TERMINATION If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know. You can delete your account at any time by logging into the App, going to the “Settings” tab, and selecting “Account” (the gear icon), and following the instructions to terminate your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing. Hinge reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that Hinge regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services. If your account is terminated by you or by Hinge for any reason, these Terms continue and remain enforceable between you and Hinge, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS Hinge does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips. YOU UNDERSTAND THAT HINGE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. HINGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. HINGE RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE HINGE TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY HINGE, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. Though Hinge strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. DISCLAIMER Hinge’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services. HINGE PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HINGE DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, HINGE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. HINGE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES HINGE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH HINGE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. HINGE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. DIGITAL MILLENNIUM COPYRIGHT ACT We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively. Hinge has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Any DMCA Takedown Notices should be sent to copyright@match.com, by phone to 214-576-3272 or via mail to the following address: Copyright Compliance Department c/o Match Group Legal, 8750 N. Central Expressway, Dallas, Texas 75231. Hinge will terminate the accounts of repeat infringers. LIMITATION OF LIABILITY. Hinge’s liability is limited to the maximum extent by applicable law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HINGE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF HINGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HINGE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HINGE FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. DISPUTE RESOLUTION In the unlikely event that we have a legal dispute, here is what you need to know. If you are dissatisfied with our Services for any reason, please contact Hinge Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against Hinge, these terms will apply. 14a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER If you pursue a legal claim against Hinge, you agree to arbitration (with limited exceptions). Except for users residing within the EU or European Economic Area, and where prohibited by law: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Hinge does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area. 14b. GOVERNING LAW Texas law and the Federal Arbitration Act will apply if there is a dispute (except in the EU and where prohibited by law). Except for users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions. 15c. VENUE Any claims that are not submitted to arbitration for any reason must be litigated in Dallas County, Texas (except for claims brought in small claims court, and in the EU or where prohibited by law). Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Hinge that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Hinge consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum. INDEMNITY BY YOU You agree to indemnify Hinge if a claim is made against Hinge due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Hinge, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement. ACCEPTANCE OF TERMS By using our Services, you accept the Terms of this Agreement. By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services. The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning. ENTIRE AGREEMENT This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, contain the entire agreement between you and Hinge regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Hinge account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Hinge in any manner. SPECIAL STATE TERMS Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin For subscribers residing in New York: • The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like; • Upon notice in writing and delivered to Match Group Legal, P.O. Box 25472, Dallas, Texas 75225, USA, subscribers may place their subscription on hold for up to one year; • How your information is used and how you may access your information is set forth in our Privacy Policy; • You may review the New York Dating Service Consumer Bill of Rights here; For subscribers residing in North Carolina: • You may review the North Carolina Buyer’s Rights here. For subscribers residing in Illinois, New York, North Carolina, and Ohio : • Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Match Group Legal, P.O. Box 25472, Dallas, Texas 75225, USA, and we will work with you to provide alternative services or a refund. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described above in Section 8.

Hinge Privacy Click here to download a PDF. OUR COMMITMENT TO YOU At Hinge, your privacy is a top priority. Your privacy is at the core of the way we design and build the services and products you know and love, so that you can fully trust them and focus on building meaningful connections. We appreciate that you put your trust in us when you provide us with your information and we do not take this lightly. We do not compromise with your privacy. We design all of our products and services with your privacy in mind. We involve experts from various fields, including legal, security, engineering, product design and others to make sure that no decision is taken without respect for your privacy. We strive to be transparent in the way we process your data. Because we use many of the same online services you do, we know that insufficient information and overly complicated language are common issues in privacy policies. We take the exact opposite approach: we have written our Privacy Policy and related documents in plain language. We actually want you to read our policies and understand our privacy practices! We work hard to keep your information secure. We have teams dedicated to keeping your data safe and secure. We constantly update our security practices and invest in our security efforts to enhance the safety of your information. * * * PRIVACY POLICY Welcome to Hinge’s Privacy Policy. Thank you for taking the time to read it. We appreciate that you trust us with your information and we intend to always keep that trust. This starts with making sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information. This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum. This Privacy Policy applies beginning 5/23/2019. EFFECTIVE DATE: 5/23/2019 WHO WE ARE WHERE THIS PRIVACY POLICY APPLIES INFORMATION WE COLLECT COOKIES AND OTHER SIMILAR DATA COLLECTION TECHNOLOGIES HOW WE USE INFORMATION HOW WE SHARE INFORMATION CROSS-BORDER DATA TRANSFERS YOUR RIGHTS RESIDENTS OF CALIFORNIA HOW WE PROTECT YOUR INFORMATION HOW LONG WE RETAIN YOUR INFORMATION CHILDREN’S PRIVACY PRIVACY POLICY CHANGES HOW TO CONTACT US FOR CALIFORNIA CONSUMERS Please see our California Privacy Statement to learn about California privacy rights. WHO WE ARE If you live in the European Union, the company that is responsible for your information under this Privacy Policy (the “data controller”) is: MTCH Technology Services Hinge Block D, Iveagh Court Harcourt Road, Dublin 2 Ireland If you live outside the European Union, the company responsible for your information is: Hinge, Inc. 508 LaGuardia Pl. New York, NY 10012 WHERE THIS PRIVACY POLICY APPLIES This Privacy Policy applies to websites, apps, events and other services operated by Hinge. For simplicity, we refer to all of these as our “services” in this Privacy Policy. To make it extra clear, we’ve added links to this Privacy Policy on all applicable services. Some services may require their own unique privacy policy. If a particular service has its own privacy policy, then that policy -- not this Privacy Policy -- applies. INFORMATION WE COLLECT It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to meet. We also collect information generated as you use our services, for example access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below. Information you give us You choose to give us certain information when using our services. This includes: o When you create an account, you provide us with at least your login credentials, as well as some basic details necessary for the service to work, such as your gender and date of birth. o When you complete your profile, you can share with us additional information, such as details on your personality, lifestyle, interests and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation and religious beliefs. By choosing to provide this information, you consent to our processing of that information. o When you participate in surveys, focus groups or market studies, you give us your insights into our products and services, responses to our questions and testimonials. o When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter. o If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service. o If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an email on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request. o Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the services. Information we receive from others In addition to the information you provide us directly, we receive information about you from others, including: o Other Users Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you. o Social Media You may be able to use your social media account (such as Facebook Login) to create and log into your Hinge account. This saves you from having to remember yet another user name and password and allows you to share some information from your social media account with us. o Other Partners We may receive info about you from our partners, for instance where Hinge ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success). Information collected when you use our services When you use our services, we collect information about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details: o Usage Information We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches or search parameters, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive). o Device information We collect information from and about the device(s) you use to access our services, including: o hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address); and o information on your wireless and mobile network connection, like your service provider and signal strength. o Other information with your consent If you give us permission, we will be able to collect your precise geolocation (latitude and longitude) in order to offer you features that make use of it. Such geolocation is collected through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services). COOKIES AND OTHER SIMILAR DATA COLLECTION TECHNOLOGIES We use and may allow others to use cookies and similar technologies (e.g., web beacons, pixels) to recognize you and/or your device(s). You may read our Cookie Policy for more information on why we use them (such as authenticating you, remembering your preferences and settings, analyzing site traffic and trends, delivering and measuring the effectiveness of advertising campaigns, allowing you to use social features) and how you can better control their use, through your browser settings and other tools. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including Hinge, do not currently respond to DNT signals. HOW WE USE INFORMATION The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples. To administer your account and provide our services to you o Create and manage your account o Provide you with customer support and respond to your requests o Communicate with you about our services To help you connect with other users o Analyze your profile and usage behavior and that of other users to recommend meaningful connections. For more information on our profiling and automated decision-making, please see our FAQ o Show users’ profiles to one another To ensure a consistent experience across your devices o Link the various devices you use so that you can enjoy a consistent experience of our services on all of them. We do this by linking devices and browser data, such as when you log into your account on different devices or by using partial or full IP address, browser version and similar data about your devices to help identify and link them To serve you relevant offers and ads o Administer sweepstakes, contests, discounts or other offers o Develop, display and track content and advertising tailored to your interests on our services and other sites o Communicate with you by email, phone, social media or mobile device about products or services that we think may interest you To improve our services and develop new ones o Administer focus groups and surveys o Conduct research and analysis of users’ behavior to improve our services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior) o Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from users) To prevent, detect and fight fraud or other illegal or unauthorized activities o Address ongoing or alleged misbehavior on and off-platform o Perform data analysis to better understand and design countermeasures against these activities o Retain data related to fraudulent activities to prevent against recurrences To ensure legal compliance o Comply with legal requirements o Assist law enforcement o Enforce or exercise our rights, for example our Terms To process your information as described above, we rely on the following legal bases: o Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you. o Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes. o Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy. HOW WE SHARE INFORMATION Since our goal is to help you make meaningful connections, the main sharing of users’ information is, of course, with other people, as per your privacy settings. We also share some users’ information with service providers and partners who assist us in operating the services, with other Match Group companies and, in some cases, legal authorities. Read on for more details about how your information is shared with others. o With other people We share your information with other people as per your privacy settings (and in the case of any sharing features available on Hinge, the individuals or apps with whom you may choose to share your information with) when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publicly viewable since neither you nor we can control what others do with your information once you share it. If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings. o With our service providers and partners We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations. We may also share information with partners who distribute and assist us in advertising our services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners. We follow a strict vetting process prior to engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations. o With other Match Group businesses Hinge is part of the Match Group family of businesses which, as of the date of this Privacy Policy, includes websites and apps such as Tinder, OkCupid, Plenty of Fish, Match, Meetic, BlackPeopleMeet, LoveScout24, OurTime, Pairs, ParPerfeito, and Twoo (for more details, click here). We share your information with other Match Group companies: - For them to assist us in processing your information, as service providers, upon our instructions and on our behalf. Assistance provided by other Match Group companies may include technical processing operations, such as data hosting and maintenance, customer care, marketing and targeted advertising, finance and accounting assistance, better understanding how our service is used and users’ behavior to improve our service, securing our data and systems and fighting against spam, abuse, fraud, infringement and other wrongdoings. - In order to improve your chances at building significant connections with others: we may make you visible on other Match Group services or allow you to benefit from cross-platform functionalities. We will of course inform you of any such instance and comply with applicable law by, where relevant, allowing you to agree or to refuse. Examples of this may include the creation of a new service within Match Group, addressing a specific demographic that we feel would be interesting to you based on your demography or search criteria. We may also share information with other Match Group companies for legitimate business purposes such as corporate audit, analysis and consolidated reporting as well as compliance with applicable laws. We may also share user information with other Match Group companies to remove users who violate our terms of service, or have been reported for criminal activity and/or bad behavior. In some instances, we may remove that user from all platforms. o For corporate transactions We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control. o When required by law We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person. o To enforce legal rights We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing. o With your consent or at your request We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information. We may use and share non-personal information (meaning information that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances. We may also share this information with other Match Group companies, acting as our service providers, and other third parties (notably advertisers) to develop and deliver targeted advertising on our services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine this information with additional non-personal information or personal information in hashed, non-human readable form collected from other sources. More information on our use of cookies and similar technologies can be found in our Cookie Policy. CROSS-BORDER DATA TRANSFERS Sharing of information laid out in Section 6 sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. As an example, where the service allows for users to be located in the European Economic Area (“EEA”), their personal information is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data. YOUR RIGHTS We want you to be in control of your information, so we have provided you with the following tools: o Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help here. o Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality. o Deletion. You can delete your account by using the corresponding functionality directly on the service. We want you to be aware of your privacy rights. Here are a few key points to remember: o Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by putting in such a request here. o Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us here. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth. o Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities. o Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established. RESIDENTS OF CALIFORNIA If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request here. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request. HOW WE PROTECT YOUR INFORMATION We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure. We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures. We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately here. HOW LONG WE RETAIN YOUR INFORMATION We keep your personal information only as long as we need it for legitimate business purposes (as laid out in Section 5 and as permitted by applicable law. In practice, we delete or anonymize your information upon deletion of your account, unless: we must keep it to comply with applicable law; we must keep it to evidence our compliance with applicable law; there is an outstanding or potential issue, claim or dispute requiring us to keep the relevant information until it is resolved; or the information is kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account. Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints. CHILDREN’S PRIVACY Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the service. PRIVACY POLICY CHANGES Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes. HOW TO CONTACT US If you have questions about this Privacy Policy, here’s how you can reach us: If you live in the European Union: Online: here By post: Privacy Officer MTCH Technology Services Hinge Block D, Iveagh Court Harcourt Road, Dublin 2 Ireland If you live outside the European Union: Online: here By post: Privacy Officer, Hinge Hinge, Inc. 508 LaGuardia Pl. New York, NY 10012

Tinder TERMS OF USE Last revised on June 21, 2021 Key change in this version: we’ve made a few clarifications to our terms and updated our procedures for notices and handling of copyright infringement complaints. For a summary of our Terms of Use, go to Summary of Terms. Welcome to Tinder. If you live in the European Union, these Terms of Use are between you and: MTCH Technology Services Limited ("MTCH Technology") Block D, Iveagh Court Harcourt Road, Dublin 2 Ireland If you live in Japan, these Terms of Use apply between you and: MG Japan Services GK (“MG Japan”) 4F Sumitomo Fudosan Azabu Bldg 1-4-1 Mita Minato-ku, Tokyo 108-0073 Japan If you live outside the European Union and Japan, these Terms of Use apply between you and: Match Group, LLC ("Match Group") 8750 North Central Expressway, Suite 1400 Dallas, TX 75231, USA The terms (“us”, “we”, the “Company” or “Tinder”) refer to MTCH Technology, MG Japan or Match Group based on your country of residence. 1. Acceptance of Terms of Use Agreement. By creating a Tinder account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service. We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on gotinder.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. 2. Eligibility. You must be at least 18 years of age to create an account on Tinder and use the Service. By creating an account and using the Service, you represent and warrant that: you can form a binding contract with Tinder, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition), you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry. 3. Your Account. In order to use Tinder, you may sign in using a number of ways, including by Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Tinder, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us. 4. Modifying the Service and Termination. Tinder is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. However, if you use a third party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in app purchases through such account to avoid additional billing. Tinder may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. For residents of the Republic of Korea, except in the case where we reasonably consider that (i) giving notice is legally prohibited (for instance, when providing notice would either violate applicable laws, regulations, or orders from regulatory authorities or compromise an ongoing investigation conducted by a regulatory authority) or (ii) any notice may cause harm to you, third parties, Tinder, and/or our affiliates (for instance, when providing notice harms the security of the Service), we will without delay notify you of the reason for taking the relevant step. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Tinder: Section 4, Section 5, and Sections 12 through 19. 5. Safety; Your Interactions with Other Members. Though Tinder strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, Tinder is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Tinder’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT TINDER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. TINDER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS. 6. Rights Tinder Grants You. Tinder grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Tinder and permitted by this Agreement. Therefore, you agree not to: use the Service or any content contained in the Service for any commercial purposes without our written consent. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Tinder’s prior written consent. express or imply that any statements you make are endorsed by Tinder. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service. upload viruses or other malicious code or otherwise compromise the security of the Service. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service. "frame" or "mirror" any part of the Service without Tinder’s prior written authorization. use meta tags or code or other devices containing any reference to Tinder or the Service (or any trademark, trade name, service mark, logo or slogan of Tinder) to direct any person to any other website for any purpose. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so. use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent. use, access, or publish the Tinder application programming interface without our written consent. probe, scan or test the vulnerability of our Service or any system or network. encourage or promote any activity that violates this Agreement. Tinder may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings. 7. Rights you Grant Tinder. By creating an account, you grant to Tinder a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). Tinder's license to your Content shall be non-exclusive, except that Tinder's license shall be exclusive with respect to derivative works created through use of the Service. For example, Tinder would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Tinder can prevent the use of your Content outside of the Service, you authorize Tinder to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Tinder members). You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Tinder above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account. In consideration for Tinder allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Tinder regarding our Service, you agree that Tinder may use and share such feedback for any purpose without compensating you. Please be informed that Tinder may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person. 8. Community Rules. By using the Service, you agree that you will not: use the Service for any purpose that is illegal or prohibited by this Agreement. use the Service for any harmful or nefarious purpose use the Service in order to damage Tinder violate our Community Guidelines, as updated from time to time. spam, solicit money from or defraud any members. impersonate any person or entity or post any images of another person without his or her permission. bully, "stalk", intimidate, assault, harass, mistreat or defame any person. post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. post any Content that is hate speech, threatening, sexually explicit or pornographic. post any Content that incites violence; or contains nudity or graphic or gratuitous violence. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission. use another member's account, share an account with another member, or maintain more than one account. create another account if we have already terminated your account, unless you have our permission. Tinder reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Tinder regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. 9. Other Members' Content. Although Tinder reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Tinder cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form. 10. Purchases. Generally. From time to time, Tinder may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, carrier billing, Tinder direct billing or other payment platforms authorized by Tinder. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Tinder or the third party account, as applicable, to charge you. Auto-Renewal; Automatic Card Payment If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement. Objections to a payment already made should be directed to Customer support if you were billed directly by Tinder or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Tinder or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Tinder, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Tinder application from your device. Deleting your account on Tinder or deleting the Tinder application from your device does not terminate or cancel your subscription; Tinder will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Tinder or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Additional Terms that apply if you pay Tinder directly with your Payment Method. If you pay Tinder directly, Tinder may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Tinder may terminate your account immediately in its sole discretion. You may edit your Payment Method information by visiting Tinder and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Tinder will be through MTCH Technology Services Limited. Virtual Items. From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Tinder ceases providing the Service or your account is otherwise closed or terminated. Tinder, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Tinder may manage, regulate, control, modify or eliminate Virtual Items at any time. Tinder shall have no liability to you or any third party in the event that Tinder exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT TINDER IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase. Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE. To request a refund: If you made a purchase using your Apple ID, refunds are handled by Apple, not Tinder. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com. If you made a purchase using your Google Play Store account or through Tinder directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Tinder (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Tinder, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA. If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund. If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase. You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE. Pricing. Tinder operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. 11. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using the form here If you contact us regarding alleged copyright infringement, please be sure to include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material); your contact information, including address, telephone number and email address and the copyright owner’s identity; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Tinder will terminate the accounts of repeat infringers. 12. Disclaimers. TINDER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TINDER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. TINDER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. 13. Third Party Services. The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Tinder is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Tinder is not responsible or liable for such third parties' terms or actions. 14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TINDER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TINDER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO TINDER FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 15. Arbitration, Class-Action Waiver, and Jury Waiver. Except for members residing within the EU or European Economic Area and elsewhere where prohibited by applicable law: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or Tinder elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against Tinder. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against Tinder outside of small claims court (and Tinder does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Tinder does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European Economic Area. 16. Governing Law. For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions. 17. Venue. Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Tinder that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Tinder consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum. 18. Indemnity by You. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Tinder, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement. 19. Entire Agreement; Other. This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety Tips, Community Guidelines and the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Tinder regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Tinder account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Tinder in any manner.

Tinder privacy policy Our Commitment To You At Tinder, your privacy is a top priority. Your privacy is at the core of the way we design and build the services and products you know and love, so that you can fully trust them and focus on building meaningful connections. We appreciate that you put your trust in us when you provide us with your information and we do not take this lightly. We do not compromise with your privacy. We design all of our products and services with your privacy in mind. We involve experts from various fields, including legal, security, engineering, product design and others to make sure that no decision is taken without respect for your privacy. We strive to be transparent in the way we process your data. Because we use many of the same online services you do, we know that insufficient information and overly complicated language are common issues in privacy policies. We take the exact opposite approach: we have written our Privacy Policy and related documents in plain language. We actually want you to read our policies and understand our privacy practices! We work hard to keep your information secure We have teams dedicated to keeping your data safe and secure. We constantly update our security practices and invest in our security efforts to enhance the safety of your information. Privacy Policy Welcome to Tinder’s Privacy Policy. Thank you for taking the time to read it. We appreciate that you trust us with your information and we intend to always keep that trust. This starts with making sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information. This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum. This Privacy Policy applies beginning May 25, 2018. The previous version of this Privacy Policy, available here, will apply until then. EFFECTIVE DATE: May 25, 2018 Who We Are Where This Privacy Policy Applies Information We Collect Cookies And Other Similar Data Collection Technologies How We Use Information How We Share Information Cross Border Data Transfers Your Rights Residents of California How We Protect Your Information How Long We Retain Your Information Children's Privacy Privacy Policy Changes How To Contact Us For California Consumers Please see our California Privacy Statement to learn about California privacy rights. 1. Who We Are If you live in the European Union, the company that is responsible for your information under this Privacy Policy (the “data controller”) is: MTCH Technology Services Limited Tinder Block D, Iveagh Court Harcourt Road, Dublin 2 Ireland If you live in Japan, the company responsible for your information is: MG Japan Services GK 4F Sumitomo Fudosan Azabu Bldg 1-4-1 Mita Minato-ku,Tokyo 108-0073 Japan If you live outside the European Union and Japan, the company responsible for your information is: Match Group, LLC 8750 North Central Expressway Suite 1400 Dallas, TX 75231 United States 2. Where This Privacy Policy Applies This Privacy Policy applies to websites, apps, events and other services operated by Tinder. For simplicity, we refer to all of these as our “services” in this Privacy Policy. To make it extra clear, we’ve added links to this Privacy Policy on all applicable services. Some services may require their own unique privacy policy. If a particular service has its own privacy policy, then that policy -- not this Privacy Policy -- applies. 3. Information We Collect It goes without saying, we can’t help you develop meaningful connections without some information about you, such as basic profile details and the types of people you’d like to meet. We also collect information generated as you use our services, for example access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below. Information you give us You choose to give us certain information when using our services. This includes: When you create an account, you provide us with at least your login credentials, as well as some basic details necessary for the service to work, such as your gender and date of birth. When you complete your profile, you can share with us additional information, such as details on your personality, lifestyle, interests and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation and religious beliefs. By choosing to provide this information, you consent to our processing of that information. When you subscribe to a paid service or make a purchase directly from us (rather than through a platform such as iOS or Android), you provide us or our payment service provider with information, such as your debit or credit card number or other financial information. When you participate in surveys or focus groups, you give us your insights into our products and services, responses to our questions and testimonials. When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter. If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service. If you ask us to communicate with or otherwise process information of other people (for example, if you ask us to send an email on your behalf to one of your friends), we collect the information about others that you give us in order to complete your request. Of course, we also process your chats with other users as well as the content you publish, as part of the operation of the services. Information we receive from others In addition to the information you provide us directly, we receive information about you from others, including: Other Users Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you. Social Media You may be able to use your social media login (such as Facebook Login) to create and log into your Tinder account. This saves you from having to remember yet another user name and password and allows you to share some information from your social media account with us. Other Partners We may receive info about you from our partners, for instance where Tinder ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success). Information collected when you use our services When you use our services, we collect information about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details: Usage Information We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive). Device information We collect information from and about the device(s) you use to access our services, including: hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address); information on your wireless and mobile network connection, like your service provider and signal strength; information on device sensors such as accelerometers, gyroscopes and compasses. Other information with your consent If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services). 4. Cookies and Other Similar Data Collection Technologies We use and may allow others to use cookies and similar technologies (e.g., web beacons, pixels) to recognize you and/or your device(s). You may read our Cookie Policy for more information on why we use them (such as authenticating you, remembering your preferences and settings, analyzing site traffic and trends, delivering and measuring the effectiveness of advertising campaigns, allowing you to use social features) and how you can better control their use, through your browser settings and other tools. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) have a “Do Not Track” (“DNT”) feature that tells a website that a user does not want to have his or her online activity tracked. If a website that responds to a DNT signal receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many businesses, including Tinder, do not currently respond to DNT signals. 5. How We Use Information The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information, together with practical examples. To administer your account and provide our services to you Create and manage your account Provide you with customer support and respond to your requests Complete your transactions Communicate with you about our services, including order management and billing To help you connect with other users Analyze your profile, activity on the service, and preferences to recommend meaningful connections to you and recommend you to others; For more information on our profiling and automated decision-making, please see our FAQ Show users’ profiles to one another To ensure a consistent experience across your devices Link the various devices you use so that you can enjoy a consistent experience of our services on all of them. We do this by linking devices and browser data, such as when you log into your account on different devices or by using partial or full IP address, browser version and similar data about your devices to help identify and link them. To provide new Tinder services to you Register you and display your profile on new Tinder features and apps Administer your account on these new features and apps To serve you relevant offers and ads Administer sweepstakes, contests, discounts or other offers Develop, display and track content and advertising tailored to your interests on our services and other sites Communicate with you by email, phone, social media or mobile device about products or services that we think may interest you To improve our services and develop new ones Administer focus groups and surveys Conduct research and analysis of users’ behavior to improve our services and content (for instance, we may decide to change the look and feel or even substantially modify a given feature based on users’ behavior) Develop new features and services (for example, we may decide to build a new interests-based feature further to requests received from users). To prevent, detect and fight fraud or other illegal or unauthorized activities Address ongoing or alleged misbehavior on and off-platform Perform data analysis to better understand and design countermeasures against these activities Retain data related to fraudulent activities to prevent against recurrences To ensure legal compliance Comply with legal requirements Assist law enforcement Enforce or exercise our rights, for example our Terms To process your information as described above, we rely on the following legal bases: Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you. Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes. Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us at the address provided at the end of this Privacy Policy. 6. How We Share Information Since our goal is to help you make meaningful connections, the main sharing of users’ information is, of course, with other users. We also share some users’ information with service providers and partners who assist us in operating the services, with other Match Group companies and, in some cases, legal authorities. Read on for more details about how your information is shared with others. With other users You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publically viewable since neither you nor we can control what others do with your information once you share it. If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings. With our service providers and partners We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations. We may also share information with partners who distribute and assist us in advertising our services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners. We follow a strict vetting process prior to engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations. With other Match Group businesses Tinder is part of the Match Group family of businesses which, as of the date of this Privacy Policy, includes websites and apps such as Tinder, OkCupid, Plenty of Fish, Match, Meetic, BlackPeopleMeet, LoveScout24, OurTime, Pairs, ParPerfeito, and Twoo (for more details, click here). We share your information with other Match Group companies for them to assist us in processing your information, as service providers, upon our instructions and on our behalf. Assistance provided by other Match Group companies may include technical processing operations, such as data hosting and maintenance, customer care, marketing and targeted advertising, finance and accounting assistance, better understanding how our service is used and users’ behavior to improve our service, securing our data and systems and fighting against spam, abuse, fraud, infringement and other wrongdoings. We may also share information with other Match Group companies for legitimate business purposes such as corporate audit, analysis and consolidated reporting as well as compliance with applicable laws. We may also share user information with other Match Group companies to remove users who violate our terms of service, or have been reported for criminal activity and/or bad behavior. In some instances, we may remove that user from all platforms. For corporate transactions We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control. When required by law We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person. To enforce legal rights We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing. With your consent or at your request We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information. We may use and share non-personal information (meaning information that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances. We may also share this information with other Match Group companies and third parties (notably advertisers) to develop and deliver targeted advertising on our services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine this information with additional non-personal information or personal information in hashed, non-human readable form collected from other sources. More information on our use of cookies and similar technologies can be found in our Cookie Policy 7. Cross-Border Data Transfers Sharing of information laid out in Section 6 sometimes involves cross-border data transfers, for instance to the United States of America and other jurisdictions. As an example, where the service allows for users to be located in the European Economic Area (“EEA”), their personal information is transferred to countries outside of the EEA. We use standard contract clauses approved by the European Commission or other suitable safeguard to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data 8. Your Rights We want you to be in control of your information, so we have provided you with the following tools: Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help here. Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality. Deletion. You can delete your account by using the corresponding functionality directly on the service. We want you to be aware of your privacy rights. Here are a few key points to remember: Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by putting in such a request here. Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us here. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released. Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth. Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities. Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established. 9. Residents of California If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request here. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request. 10. How We Protect Your Information We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure. We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures. We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately here In order to ensure that our systems and your information are protected against unauthorized access, theft and loss, we implemented a bug bounty program. For more information about our bug bounty program, please click here. 11. How Long We Retain Your Information We keep your personal information only as long as we need it for legitimate business purposes (as laid out in Section 5) and as permitted by applicable law. To protect the safety and security of our users on and off our services, we implement a safety retention window of three months following account deletion. During this period, account information will be retained although the account will of course not be visible on the services anymore. In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless: we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations); we must keep it to evidence our compliance with applicable law (for instance, records of consents to our Terms, Privacy Policy and other similar consents are kept for five years); there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account. Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints. 12. Children's Privacy Our services are restricted to users who are 18 years of age or older. We do not permit users under the age of 18 on our platform and we do not knowingly collect personal information from anyone under the age of 18. If you suspect that a user is under the age of 18, please use the reporting mechanism available through the service. 13. Privacy Policy Changes Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes. 14. How to Contact Us If you have questions about this Privacy Policy, here’s how you can reach us: If you live in the European Union: Online: here By post: Privacy Officer MTCH Technology Services Limited Tinder Block D, Iveagh Court Harcourt Road, Dublin 2 Ireland If you live in Japan: Online: here By post: Privacy Officer MG Japan Services GK c/o Match Group, LLC 8750 North Central Expressway Suite 1400 Dallas, TX 75231 United States If you live outside the European Union and Japan: Online: here By post: Privacy Officer Match Group, LLC 8750 North Central Expressway Suite 1400 Dallas, TX 75231 United States

Tinder Cookie Policy Introduction Tinder is committed to protecting your privacy. We aim to provide trustworthy, industry-leading products and services so that you can focus on building meaningful connections. Our approach to privacy is to provide you with clear information about our data practices. That’s why we've tried to keep legal and technical jargon to a minimum. This Cookie Policy explains what cookies are, what types of cookies are placed on your device when you visit our website and how we use them. This Cookie Policy does not address how we deal with your personal information generally. To learn more about how we process your personal information, please see our Privacy Policy here. What are cookies? Cookies are small text files that are sent to or accessed from your web browser or your device’s memory. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your device, such as user settings, browsing history and activities conducted while using our services. Are there different types of cookies? First-party and third-party cookies There are first-party cookies and third-party cookies. First-party cookies are placed on your device directly by us. For example, we use first-party cookies to adapt our website to your browser’s language preferences and to better understand your use of our website. Third-party cookies are placed on your device by our partners and service providers. For example, we use third-party cookies to measure user numbers on our website or to enable you to share content with others across social media platforms. Session and persistent cookies There are session cookies and persistent cookies. Session cookies only last until you close your browser. We use session cookies for a variety of reasons, including to learn more about your use of our website during one single browser session and to help you to use our website more efficiently. Persistent cookies have a longer lifespan and aren't automatically deleted when you close your browser. These types of cookies are primarily used to help you quickly sign-in to our website again and for analytical purposes. What about other tracking technologies, like web beacons? Other technologies such as web beacons (also calls pixel tags or clear gifs), tracking URLs or software development kits (SDKs) are used for similar purposes. Web beacons are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our service or opened an e-mail that we have sent them. Tracking URLs are custom generated links that help us understand where the traffic to our webpages comes from. SDKs are small pieces of code included in apps, which function like cookies and web beacons. For simplicity, we also refer to these technologies as “cookies” in this Cookie Policy. What do we use cookies for? Like most providers of online services, we use cookies to provide, secure and improve our services, including by remembering your preferences, recognizing you when you visit our website and personalizing and tailoring ads to your interests. To accomplish these purposes, we also may link information from cookies with other personal information we hold about you. When you visit our website, some or all of the following types of cookies may be set on your device. Cookie type Description Essential website cookies These cookies are strictly necessary to provide you with services available through our website and to use some of its features, such as access to secure areas. Analytics cookies These cookies help us understand how our website is being used, how effective marketing campaigns are, and help us customize and improve our websites for you. Advertising cookies These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, selecting advertisements that are based on your interests and measuring the number of ads displayed and their performance, such as how many people clicked on a given ad. Social networking cookies These cookies are used to enable you to share pages and content that you find interesting on our website through third-party social networking and other websites. These cookies may also be used for advertising purposes too. How can you control cookies? There are several cookie management options available to you. Please note that changes you make to your cookie preferences may make browsing our website a less satisfying experience. In some cases, you may even find yourself unable to use all or part of our site. Browser and devices controls Some web browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer. The procedure for managing cookies is slightly different for each internet browser. You can check the specific steps in your particular browser help menu. You also may be able to reset device identifiers by activating the appropriate setting on your mobile device. The procedure for managing device identifiers is slightly different for each device. You can check the specific steps in the help or settings menu of your particular device. Interest-based advertising tools You can opt out of seeing online interest-based advertising from participating companies through the Digital Advertising Alliance, the Interactive Digital Advertising Alliance or Appchoices (apps only). Opting out does not mean you will not see advertising - it means you won’t see personalized advertising from the companies that participate in the opt-out programs. Also, if you delete cookies on your device after you opted out, you will need to opt-out again. Social Cookies To allow you to share content on social media, some features of this website use social media plug-ins (e.g., Twitter™ “Share to Twitter” or LinkedIn™ “in” buttons). Depending on your social media account settings, we automatically receive information from the social media platform when you use the corresponding button on our website. To learn more about social media cookies, we suggest you refer to your social media platform’s cookie policy and privacy policy. Adobe Flash Player™ Flash cookies Adobe Flash Player™ is an application for viewing and interacting with dynamic content using the Flash platform. Flash (and similar applications) use a technology akin to cookies to memorize parameters, preferences and uses of this content. However, Adobe Flash Player manages this information and your choices via an interface separate from that supplied by your browser. If your terminal is likely to display content developed using the Flash platform, we suggest you access your Flash cookie management tools directly via https://www.adobe.com. Google™ Cookies Stuff Google Wants to Make Sure You Know about Google’s Data Collection Technology Google™ Maps API Cookies Some features of our website and some Tinder services rely on the use of Google™ Maps API Cookies. Such cookies will be stored on your device. When browsing this website and using the services relying on Google™ Maps API cookies, you consent to the storage, collection of such cookies on your device and to the access, usage and sharing by Google of the data collected thereby. Google™ manages the information and your choices pertaining to Google™ Maps API Cookies via an interface separate from that supplied by your browser. For more information, please see https://www.google.com/policies/technologies/cookies/. Google Analytics We use Google Analytics, which is a Google service that uses cookies and other data collection technologies to collect information about your use of the website and services in order to report website trends. You can opt out of Google Analytics by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout. How to contact us? If you have questions about this Cookie Policy, here’s how you can reach us: If you live in the European Union: Online: here By post: Privacy Officer MTCH Technology Services Limited Tinder Block D, Iveagh Court Harcourt Road, Dublin 2 Ireland If you live in Japan: Online: here By post: Privacy Officer MG Japan Services GK c/o Match Group, LLC 8750 North Central Expressway Suite 1400 Dallas, TX 75231 United States If you live outside the European Union and Japan: Online: here By post: Privacy Officer Match Group, LLC 8750 North Central Expressway Suite 1400 Dallas, TX 75231 United States

Scientific American Privacy Policy This policy was last updated on 06/02/2021. This is the privacy policy (“policy”) for scientificamerican.com which is run and provided by Springer Nature America, Inc. (we, us and our). Springer Nature America, Inc. (Scientific American) is located at 1 New York Plaza New York, NY 10004. We can also be contacted at sadigital@sciam.com. We will only use the personal data gathered over this website as set out in this policy. Below you will find information on how we use your personal data, for which purposes your personal data is used, with whom it is shared and what control and information rights you may have. I. Summary of our processing activities We publish magazines, eBooks, news and data. Some of this material is freely available, some of it is only available to subscribers. The following summary offers a quick overview of the data processing activities that are undertaken on our website. You will find more detailed information under the indicated sections below. When you visit our website for informational reasons without setting up an account, only limited personal data will be processed to provide you with the website itself (see III). If you are identified as belonging to a customer organization then we collect information in order to be able to provide usage reporting to that customer. In case you register for one our services or subscribe to our newsletters, further personal data will be processed in the scope of such services (see IV and V). Furthermore, your personal data will be used to provide you with relevant advertising for our services and products (see VII) and for statistical analysis that helps us to improve our website (see VIII). Additionally, we improve your website experience with third party content (see IX). Your personal data may be disclosed to third parties (see X) that might be located outside your country of residence; potentially, different data protection standards may apply (see XI). We have implemented appropriate safeguards to secure your personal data (see XII) and retain your personal data only as long as necessary (see XIII). Under the legislation applicable to you, you may be entitled to exercise certain rights with regard to the processing of your personal data (see XIV). II. Definitions Personal data: means any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier. Processing: means any operation which is performed on personal data, such as collection, recording, organization, structuring, storage, adaptation or any kind of disclosure or other use. III. Informational use of the website When you visit our website for informational reasons, i.e. without registering for any of our provided services listed under IV and without providing us with personal data in any other form, we may automatically collect additional information about you which will contain personal data only in limited cases and which is automatically recognized by our server, such as: Examples might include: - your IP address; - your device type, name and IDs; - the date and time of your requests; - the content of your requests; - information on your browser version; - your screen resolution; - information on your operating system, including language settings. We use such information only to assist us in providing an effective service (e.g. to adapt our website to the needs of your device or to allow you to log in to our website), and to collect broad demographic information for anonymized, aggregated use. If you are identified by IP or equivalent method as belonging to a customer organization such as university or a company then we will also collect the identity of that organization and use it to create usage reports which show the organization how much of the content we publish is being read by their students, members or employees. This information does not contain anything related to a personal login unless (a) you are a nominated administrator for that organization or (b) your organization specifically requires it as a part of a usage-based access contract. The personal data automatically collected is necessary for us to provide the website, Article 6 sec. 1 sent. 1 lit. b GDPR, and for our legitimate interest to guarantee the website’s stability and security, Article 6 sec. 1 sent. 1 lit. f GDPR. IV. Registration for our services Access to subscription content is provided via a variety of mechanisms such as IP site licenses, login via third party federated identity providers or by an personal account with us. If your access to our content is provided by an organization or an institution like a university or a company then they choose the access method on your behalf. A personal account is required to purchase content directly from us, or to receive personal services like newsletters and alerts. If you need to create a personal login with us then we will store and process the following: - Information (such as your name, user name and email address) that is provided by registration; - Information in connection with an account sign-in facility (e.g. log-in and password details); - Communications sent by you (e.g. via e-mail or website communication forms). The information that is necessary for the performance of the service is labelled accordingly. All further information is provided voluntarily. We will process the personal data you provide to: Examples might include: - Identify you at sign-in; - Provide you with the services and information offered through the website or which you request; - Administer your account; - Communicate with you; - (behavioral) Advertising and profiling - Facilitate attendance of conference - Provide access (where appropriate) to other Springer Nature group content if you so request For this, the legal basis is Article 6 sec. 1 sent. 1 lit. b GDPR. The use of your personal data for behavioral advertising and profiling is done for the legitimate interest to improve your experience while using the website, Article 6 sec. 1 sent. 1 lit. f GDPR. We use the personal data and contact data you provide by registration to inform you directly about our additional products and services. The use of your personal data for directly advertising related products and services is a legitimate interest for us as a provider of this website, Article 6 sec. 1 sent. 1 lit. f GDPR. You can object to the use of your personal data for direct marketing at any time. We will then refrain from any processing to the extent it is related to such purposes. You may opt-out of direct marketing via opt-out links in any marketing communication or via user profile pages on the website (where available). You can also inform us about your objection by contacting our Data Protection Office at dataprotection@springernature.com. We offer notification services such as table-of-contents or new book alerts. This service is provided by means of a double-opt-in. Thus, you will receive an email containing a link by which you can confirm that you are the owner of the email address and wish to be notified via our email service. You can end this service by opting out via the link provided in each notification email. This notification service is based on your consent, Article 6 sec. 1 sent. 1 lit. a GDPR. Registration data is kept until such time as an account deletion request is made. If such a request is received we will erase your data within 30 days. Statutory storage obligations or the need for legal actions that may arise from misconduct within the services or payment problems can lead to a longer retention of your personal data. In this case, we will inform you accordingly. V. Information about the specific uses that require registration 1. Blog You can publicly comment on our blog where we post a variety of articles to inform you about our activities. When posting a comment your name or user name will be made public. To be able to comment on our blog you will have to register as described in IV. In addition to the extent of processing described under IV, when you post a comment we will retain some of your personal data such as your IP address and name and other metadata such as time of posting. This is necessary to defend ourselves from possible liability claims that may arise from unlawful comments posted by you and reflects our legitimate interest with regard to the legal justification of this processing activity in Article 6 sec. 1 sent. 1 lit. f GDPR. We reserve the right to delete comments that are off-topic, spam, abusive, use excessive foul language, include ad hominem attacks or offend against legal regulations. 2. Web shop For the use of our web shop you have to set up an account as described under IV. Your customer account retains your personal data for future purchases. You can change your personal data in your account’s settings. To delete your account, please contact customer service at help@sciam.com. If you have made a purchase with your account, your account cannot be deleted. However, we can render your account inoperable by removing your personal information, including your email address. We will not perform any action to your account without your expressed permission. This processing is based on Article 6 sec. 1 sent. 1 lit. b. By statutory law we are required to retain the provided financial data in relation to transactions (including address, payment and order information) for ten years. However, after 2 years we will restrict the processing of your personal data to comply with the statutory requirements and will not process the personal data any further. Regarding this, the retention of your personal data is based on Article 6 sec. 1 sent. 1 lit. c GDPR. 3. Article alerts and Newsletters With your email address you can subscribe to our newsletters that provide you with the latest news about our products and services if you consent to receiving such newsletters. You can further sign up for our newsletter via Facebook. For this purpose, we are using Facebook Lead Ads, a service by Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304 U.S. ("Facebook"). Lead Ads makes it even easier for you to sign up for our newsletter as the form will already be pre-populated via Facebook with your data and you only need to submit the form. Of course, you have the opportunity to amend and review the data before submission. For more information on how lead ads works see here - https://www.facebook.com/business/ads/lead-ads. If you sign up for editorial newsletters on Facebook and consent to receiving marketing emails or Facebook advertisements, you may or may not receive Facebook advertisements about products or services from Scientific American. If you reside in the EU please be aware that your personal data will be transferred back to Facebook to facilitate advertisements. Facebook processes this data also in countries outside of the EU where a different level of data protection applies and access to the data by authorities and public bodies is possible. With your consent, you also agree to the transfer to Facebook in third countries, including the USA. The legal basis for this processing is Article 6 sec. 1 sent. 1 lit. a GDPR. Your email address will be retained as long as you subscribe to our newsletters. You can unsubscribe from this service by opting out via the link provided in each newsletter. If you inquired about a product or service and no longer wish to be contacted, you can email onlineservice@springernature.com, citing the name of the product or service, and request that your email address be removed. 4. Nature Conferences Springer Nature America, Inc. (“SNAI”) [1 New York Plaza, Suite 4500, New York, NY 10004-1562, USA] and for China, Macmillan Information Consulting Services (Shanghai Co. Ltd) [10-11unit, 42 Floor, The Center, 989 Changle Road, XuHui District, 200031 Shanghai, CHINA], affiliates of Springer Nature Limited (together “Springer Nature entities”), collect personal data from attendees to Nature conferences to facilitate registration and plan for the events. This includes data categories such as: Identification data (which may include name, address, telephone number, email address), entity type (e.g. academic, government, industry), position titles, curriculum vitaes, professional license information, dietary requirements, gender, information for travel arrangements (i.e., passport data, date of birth) and payment information. We also request information relating to requirements for reasonable accommodation where physical assistance may be needed to attend. We may collect data through a third party vendor such as Eventsforce Solutions Ltd. Eventsforce act as a data processor on our behalf. The use of your personal data in relation to conference attendance is based on Article 6 sec. 1 sent. 1 lit. b GDPR and Art. 9 sec. 2 lit. a GDPR with regard to all health-related information you share with us in order to enable us to provide the required physical assistance to you. With the consent of attendees, we may use personal data, specifically identification data such as name and email address, to share information with attendees about future Nature conferences or other products, services and special offers. We’ll continue to send you information and store your data until you ask us to be removed. This notification service is based on your consent, Article 6 sec. 1 sent. 1 lit. a GDPR. VI. Automated decision making We do not use your personal data for automated decision making which produces legal effects concerning you or similarly significantly affects you, however we do use your personal data to offer you content and services which we believe may be of interest. VII. Online advertising, e-commerce and related tools We use marketing services to provide you with interesting offers. For this purpose, we place advertisements via advertising service providers that use cookies and/or web beacons that are activated when you visit our website. Cookies are small text files that are stored locally in the internet browser and allow recognition of a user. Web beacons are small image files, which allow log file recording and log file analysis. To present online advertising we use the services of, inter alia, Google AdExchange, Google AdSens, Microsoft Advertising. Respective advertisement is labelled as “ADVERTISEMENT” or “AdChoices”. The cookies and web beacons enable our service providers to collect information about you and your surfing behaviour, e.g. IP address, browser information, information on user activities and click data, and to recognize visitors to our website under a pseudonym and only display products that are likely to be of interest to our visitors. Most of the tools use pseudonymised or aggregated data, e.g. shortened IP addresses. The data is used to analyse the use of our website and, thereby, improve and optimize the website and to display advertising tailored to your needs. We collect this data (to improve your website experience and to promote our products and services) via OneTrust, a cookie management tool; you can update your preferences via our Privacy Preference Centre. Personal data collected via first party cookies is based on Article 6 sec. 1 sent. 1 lit. f GDPR and represents our legitimate interest to improve your website experience and to promote our products and services. We collect this data via a cookie management tool; you can update your preferences via our Privacy Preference Centre. Personal data collected via third party targeting cookies is based on your consent, managed via our Privacy Preference Centre; Article 6 sec. 1 sent. 1 lit. a GDPR. Please note that we neither have the control of the extent of personal data that is collected by the respective plug-in provider nor do we know the processing’s purpose or the period your personal data will be retained. Your personal data will be transferred to and processed inside and outside of the EEA. For further information about the potential risks of a cross border data transfer refer to XI. It is possible that the above providers may disclose your personal data to its business partners, third parties or authorities. You can prevent the installation of such a cookie (i) by a respective setting of your browser that blocks the installation of third party cookies, (ii) by deactivating the interest-related advertising under https://adssettings.google.com/authenticated, (iii) generally blocking cookies under https://support.google.com/ads/answer/7395996 or (iv) by deselecting the option for tracking cookies via the Springer Nature cookie preference centre. Further information about the processing of your personal data in the provider’s course of operation is provided by its privacy policy. Moreover, you will be provided with further information with regard to your rights and settings concerning privacy. You can access the provider’s privacy policy by following these links: Yahoo Twitter Facebook Criteo Google AdExchange Google AdSense Oracle MOAT Google Ad Manager Brightcom Rubicon Project Pubmatic Appnexus Permutive Microsoft Advertising Baynote CJ Affiliate Hotjar Marvellous Machine SAP Marketing Cloud Google AdWords Remarketing In this website, we use the remarketing or “Similar audiences” feature of AdWords offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google” Google uses cookies/tracking technologies, i.e., text files that are stored on your computer and that allow us to analyze your use of our website. Information generated by Cookies/tracking technology on your use of this website (including your IP address) will be transferred to a Google server in the U.S. and stored on that server. After that, the last three digits of the IP address will be deleted by Google so that it is no longer possible to clearly match this IP address with personal data. Google will use this information to analyze your use of the website, to create website activity reports for the website operators and to provide additional services in connection with the use of the website and the internet. Furthermore, Google may transfer this information to third parties, if it is required to do so in accordance with statutory provisions or if third parties process data on behalf of Google. Third party providers, including Google, place advertisements on websites on the internet. Third party providers, including Google, use stored cookies/tracking information to place advertisements based on previous visits of a user on this website. For additional information on the anonymous analysis of your search behavior please refer to: https://support.google.com/analytics/answer/6004245?hl=de http://www.google.com/policies/technologies/ads/ You may object to data collection and storage for the purpose of remarketing at any time - this objection will be effective for the future, but not retroactively - by deactivating interest-based advertising in Google or by deactivating the services on the website of the Network Advertising Initiative. Note: in that case, you may not be able to use all features of this website anymore. By using this website, you grant your consent to the processing of data collected about you by Google in the manner and for the purpose described above. Facebook Custom Audience This Website uses retargeting tags and Custom Audience of Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304 U.S., hereinafter referred to as “Facebook”. When you visit our web pages, remarketing tags will build a direct connection between your browser and the Facebook server. This way, Facebook learns that you have visited our web page with your IP address. This will enable Facebook to match your visit of our pages with your user account. The information obtained this way can be used to display Facebook ads. Please note that we as the provider of the webpages do not receive any information on the contents of data transferred and their use by Facebook. With regard to the use of Custom Audience we would like to point out that Facebook and third parties use cookies, web beacons or similar technologies to collect or gather information on this website. Based on the data gained we can make our Facebook activities more efficient and, e.g., arrange for contents or ads to be shown only to visitors of our website. The data collected this way will encrypted and transferred to Facebook and is anonymous for us, e.g., we cannot see personal data of individual users. We may also utilise other tools, such as Permutive, to build anonymous behavioural segments, and pass the status of membership of these segment(s) into the Facebook cookie. This will enable membership of these segments to be used when building Custom Audiences within Facebook. For further information on the privacy policy of Facebook and Custom Audience please refer to https://www.facebook.com/about/privacy/ or https://www.facebook.com/business/a/online-sales/custom-audiences-website. If you do not wish your data to be collected via Custom Audience, you can deactivate custom Audience using this link. ResearchGate You can sign up for products and services via ResearchGate. For this purpose, we are using ResearchGate OnSite Lead Collection, a service by ResearchGate GmbH, Chausseestr. 20, 10115 Berlin, Germany ("ResearchGate"). OnSite Lead Collection makes it even easier for you to sign up for products and services as the form will already be pre-populated via ResearchGate with your data and you only need to submit the form. Of course, you have the opportunity to amend and review the data before submission. For more information on how on-site lead collection works see here - https://solutions.researchgate.net/advertising/, with link to the privacy policy here. The legal basis for this processing is Article 6 sec. 1 sent. 1 lit. a GDPR. Your email address will be retained as long as you request our products and services, or until you request the removal of your email address. You can unsubscribe by opting out via the link provided in each newsletter. You can also email onlineservice@springernature.com, citing the name of the product or service, and request that your email address be removed. VIII. Analytics OneTrust We use Onetrust, a service provided by OneTrust LLC, Dixon House, 1 Lloyd's Avenue, London, EC3N 3DQ (“Onetrust”). We use Onetrust services to provide information about the cookies and other tracking technology used on our website and to manage user preferences on that behalf. Onetrust places the following cookies on your computer: OptanonAlert, OptanonConsent, _dc_gtm_UA-xxxxxxxx This allows us to identify if the cookie banner is displayed, which choices you made and how to act upon those choices (Opt-in or Opt-out of cookie categories). These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences. To review your current settings please go to our Privacy Preference Centre. These cookies do not store any personally identifiable information. You can set your browser to block these cookies, but some parts of the site may then not perform as designed. For more information about privacy policies and Onetrust, please refer to the Onetrust website: https://Onetrust.com/privacy-notice/. For statistical analyses we use web analytics services such as Google Analytics, collect information about the use of this site. General tracking information The tools collect information such as: - Device and browser information (operating system information, Mobile device identifier, mobile operating system, etc.) - IP address - Page accessed, URL click stream (the chronological order of our internet sites you visited) - Geographic location - Time of visit - Referring site, application, or service We use the information we get from the providers only to determine the most useful information you are looking for, and to improve and optimize this website. If you do not express a preference regarding tracking we will track your behaviour online for the purposes described above; this data will not be shared outside of SpringerNature. You can stop this tracking using our Privacy Preference Centre. The legal basis for this processing via Google Analytics is Art. 6 sec. 1 sent. 1 lit.f GDPR and represents our legitimate interest to analyse our website’s traffic to improve the user’s experience and to optimise the website in general. We do not share information on your web behaviour with any 3rd party providers without your explicit consent. Consent is provided by clicking the appropriate button on the web banner that appears on your first visit to the website. You can update or withdraw your consent by visiting our Privacy Preference Centre. The legal basis for this processing is Art. 6 sec. 1 sent. 1 lit. a GDPR and represents you consent to accepting 3rd party targeting cookies. Depending on the provider the information generated about your use of the website may be transferred to and processed in third countries, e.g. the United States. For further information about the potential risks of a cross border data transfer please refer to section XI. The tools collect only the IP address assigned to you on the date you visit this site, rather than your name or any other identifying information. The provider will use this information in order to evaluate your use of the website, to compile reports on website activities and to provide other services relating to website and internet use to us. Google Analytics We use Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). On our behalf Google will use the information generated by a cookie for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet activity in connection with the use of the website and according to your consent preferences. You can access the Google Analytics privacy policy here. The legal basis for the data transfer is Art. 28 GDPR in conjunction with the data processing agreement. You may refuse the use of cookies by selecting the appropriate settings on your browser or by amending your preferences. In addition to that you may prevent the collection of the information generated by the cookie about your use of the website (including you IP address) and the processing of this data by Google if you download and install the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout IX. Third party content, social media plugins This website may contain links to third party websites. We are not responsible for the content and the data collection on respective third party websites; please check the privacy policy of respective websites for information of respective websites’ data processing activities. 1. Social Media plug-ins We use the following social media plug-ins: Facebook, Twitter. This allows you to communicate with such services and like or comment from our website. Social media plug-ins enable a direct communication between your device and the servers of the social media provider, allowing the social media provider to communicate with you and collect information about you browsing our website. This processing is based on Article 6 sec. 1 sent. 1 lit. f GDPR and represents our legitimate interest to improve your website experience and to optimise our services. Transfer of personal data takes place whether you have an account with the provider or not. Please note that we neither have the control of the extent of personal data that is collected by the respective plug-in provider nor do we know the processing’s purpose or the period your personal data will be retained. Further information about the processing of your personal data in the provider’s course of operation is provided via their respective privacy policy. Moreover, you will be provided with further information with regard to your rights and setting concerning privacy. a. Facebook Social plugins We use so-called social plugins („plugins“) of the social networking site facebook.com provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins can be identified by one of Facebook’s logos (white “f” on blue tile or a “thumps-up”-sign) or by the additional text “Facebook Social Plugin”. The list of Facebook Social Plugins and their appearance can be accessed via: http://developers.facebook.com/plugins. If a user visits one of the websites using such a plugin, the user’s browser directly connects to Facebook’s servers. The plugin and its content are made available directly on Facebook’s servers and included in the website by the user’s browser. Due to the integration of the plugin Facebook collects the information that a user is visiting the corresponding website. If the user is logged in on Facebook at the moment he or she visits the website, Facebook may be able to connect the visit on the website to the user’s Facebook account. If the user interacts with the plugin – for example if he or she presses the like button or comments on something – the user’s browser transmits this information to Facebook. Facebook stores this information. If a user is not a member of Facebook, Facebook may collect and store the user’s IP-address. Facebook states that it only collects anonymized IP-addresses in Germany. The reason for and scope of the data acquisition and information about the way in which the data is processed and used by Facebook, as well as the user’s rights in this respect and settings options for protecting the users privacy can be found under: http://www.facebook.com/policy.php. If the user is a member of Facebook and does not wish Facebook to collect personal data via this homepage and to link this with his data stored on Facebook, the user needs to log off from Facebook before going to this homepage. The user may also block Facebook’s plugins using add-ons for the user’s browser, for example the “Facebook Blocker“. b. Twitter We use the twitter-button. The button is provided by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. (“Twitter”) The buttons are marked using the text “Twitter” or “Follow” and a stylized blue bird. The button enables the user to share an article or a website of this homepage on Twitter or to follow the provider on Twitter. If a user visits one of the websites using such a button, the user’s browser directly connects to Twitter’s servers. The Twitter-button and its content are loaded directly from Twitter’s servers and included in the website by the user’s browser. According to the provider’s knowledge, Twitter collects the user IP-address and the website’s URL when the button is loaded from Twitter’s servers. However, this data is only be used for loading and displaying the Twitter-button. Further information can be found in Twitter’s privacy statement under: https://twitter.com/privacy. Should you have any questions regarding our privacy policy, please contact us via the email address dataprotection@springernature.com. 2. Do Not Track There are different ways you can prevent tracking of your online activity. One of them is setting a preference in your browser that alerts websites you visit that you do not want them to collect certain information about you. This is referred to as a Do-Not-Track (“DNT”) signal. Please note that currently our website does not respond to these DNT signals from web browsers. At this time, there is no universally accepted standard for what a company should do when a DNT signal is detected. X. Information sharing Where personal data is disclosed to third parties for the purposes mentioned above the legal basis for the transfer of your personal data is Article 6 sec. 1 sent. 1 lit. b and f GDPR. Some of the recipients may reside outside the EEA. For further information about cross border transfer in general and transfers outside of the EEA see section on Cross border data transfers. We may disclose your personal data to contractors who assist us in providing the services we offer through the website. Such a transfer will be based on data processing agreements (Art. 28 GDPR). Therefore, our contractors will only use your personal data to the extent necessary to perform their functions and will be contractually bound to process your personal data only on our behalf and in compliance with our requests. In the event that we undergo re-organisation or are sold to a third party, any personal data we hold about you may be transferred to that re-organised entity or third party in compliance with applicable law. We may disclose your personal data if legally entitled or required to do so (for example if required by law or by a court order). The legal basis for this will be Article 6 sec. 1 sent. 1 lit. c GDPR (in conjunction with the respective national law). 1.Peer Review and Author Services In the course of providing our peer review services, your data may be accessed by different members of the editorial team such as editors and assistant to the editorial office. To determine the locations of the Editorial board members, you may refer to a journal’s homepage. Granting access to your personal data and the respective processing activity will be based on our and the legitimate interest of the respective society publishing the Journal in successfully publishing high quality articles and papers and ensuring the quality and significance of the respective research published in our journals, products and databases, Article 6 sec. 1 sent. 1 lit. f GDPR. In order to do so we and/or the respective society may process your personal data to find, contact and evaluate suitable and qualified peer reviewers within the relevant research community. This also includes data sharing between us and the respective society. For example, we may share reviewer and author data to publish the journal. Please note that the society and we are independently responsible for the respective data processing conducted. We neither have the control of the extent to which personal data is processed by the respective society nor do we control the processing purpose or the period your personal data will be retained. It is also possible that the above-mentioned societies may disclose your personal data to their business partners, third parties or authorities. For further information on the data processing under the society’s control please refer to the respective society’s privacy notice. Your personal data will be transferred to and processed inside and outside of the EEA. For further information on cross border data transfer, please refer to section on Cross border data transfers. As an author we’ll share your personal data with third parties, like your institution or employer. This is required to manage and approve payment of associated Article Publication Charges (APCs) in order to fulfill the publication of your manuscript. The legal basis is Art. 6 (1) 1 lit. b GDPR. Customer service, administrative, operational and systems support is provided by other entities of the Springer Nature Group and third party contractors (together “Contractors”). We may disclose your personal data to Contractors who assist us in providing the services we offer through the Submission and Peer Review System. Such a transfer will be based on data processing agreements in accordance with Article 28 of the GDPR. Therefore, our Contractors will only use your personal data to the extent necessary to perform their functions and will be contractually bound to process your personal data only on our behalf and in compliance with our requests. Further services, provided by third party technology and service providers, are similarly bound by data processing agreements. 2. Usage Reports We may disclose anonymous aggregate statistics about users of the website in order to describe our services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personal data. We also supply standardized usage reports to institutional customers, also known as Counter Reports. For more information on Counter Reports - https://www.projectcounter.org/code-of-practice-sections/usage-reports/ In addition to the above mentioned anonymous reports and by special arrangement: When you read research journals and eBooks or use database products, we will process your personal data to create usage reports. For journals and eBooks this will include your full text HTML and PDF downloads, your IP address and potentially your email address. This data is necessary for the usage report as it provides information on the usage and overall interest in a particular journal or group of journals or eBooks. The legal basis is Art. 6 (1) 1 lit. f GDPR. We have a legitimate interest to assess and evaluate the use of our content to be able to improve our services. We will retain this data securely for ongoing internal analysis and future reference. We may share the usage data with licensee under whose license you are accessing and using our services, (e.g. your employer, the institution you are a member to, your university etc. “Licensee”). The legal basis is Art. 6 (1) 1 lit. f GDPR. The Licensee has a legitimate interest in using the usage data to assess and evaluate the economic efficiency of its license for our content. Based on this evaluation, the Licensee will be able to determine e.g. the necessity to obtain more licenses or reduce the number of licenses or to allocate costs internally. Further, the usage data may allow the Licensee to request contributions or funding. The Licensee is contractually limited to use using the usage data for no other purposes than these economic efficiency assessment purposes. In addition, we ourselves have a legitimate interest in enabling the Licensee to use the usage data to conduct respective evaluation and assessments is also in our interest as it makes our service more attractive for the Licensees. If the Licensee resides outside the EEA, the transfer is safeguarded by a Commission’s adequacy decision such as the EU Standard Contractual Clauses. You can find further information about the aforementioned safeguards by contacting onlineservice@springernature.com. You may object to the transfer of the usage data to the Licensee at any time without reason by sending an email to onlineservice@springernature.com. 3. Research Square We work closely with Research Square (of which Springer Nature is an investor) to provide Springer Nature authors with optional services to improve their manuscript and provide greater transparency into the peer review process. Research Square (Research Square R&D LLC, 601 W. Main St. Suite 102, Durham, NC, USA) provides software and services to the research community to help them communicate, publish and promote their research. Where enabled on the journal Springer Nature authors are provided with access to a private author dashboard upon submission to the journal which provides granular insight into the status of their manuscript as it progresses through the peer-review process, and a place where authors can improve their manuscript via free and paid for services offered by Research Square, should they wish. Where offered during submission, authors will be able to opt in to the In Review service which posts their manuscript as a permanent, public, preprint on the Research Square platform. The preprint will be published under a CC-BY license. To be able to offer both services, Springer Nature will send Research Square R&D LLC data on the author’s manuscript and status updates as it progresses through the peer-review process. The data transferred includes: manuscript metadata (title, authors (names, email addresses, corresponding author details) subject areas, keywords, funding information); manuscript, figure, table and supplementary information files (but not cover letters and any other files explicitly indicated to be for use of editorial staff only) of initial submissions only for hybrid and subscription titles, and all versions for Open Access titles; notification and date of key stages in the peer-review process. These stages include but are not limited to: passing of initial checks, manuscript assignment to an editor, peer reviewers invited, peer reviewers agreed, peer review reports returned, editorial decision. For journals that operate an open or transparent peer review model for all submitted manuscripts, the reviewer reports (but not reviewer identities) are also passed to Research Square. For these titles only the reviewer reports are posted in the private author dashboard and never publicly. Research Square uses this data to populate the peer review timeline in the private author dashboard, and surface free and paid for services that are appropriate to the author depending on where their manuscript is within the peer-review process. If authors have opted in for the In Review service during submission this data will be used to post the manuscript as a public preprint and populate the public peer review timeline (if offered). Research Square acts as a data processor on our behalf, please see their Privacy Policy and Terms of Service for further information as to how Research Square will process your data. XI. Cross border data transfers Within the scope of our information sharing activities set out above, your personal data may be transferred to other countries (including countries outside the EEA) which may have different data protection standards from your country of residence. Please note that data processed in a foreign country may be subject to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies. However, we will endeavor to take reasonable measures to maintain an adequate level of data protection when sharing your personal data with such countries. In the case of a transfer outside of the EEA, this transfer is safeguarded by privacy the EU Model Clauses. You can find further information about the aforementioned safeguards by following this link https://ec.europa.eu/info/law/law-topic/data-protection_en XII. Security We have reasonable state of the art security measures in place to protect against the loss, misuse and alteration of personal data under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to personal data. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it. You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via our website whilst it is in transit over the internet and any such submission is at your own risk. XIII. Data retention We strive to keep our processing activities with respect to your personal data as limited as possible. In the absence of specific retention periods set out in this policy, your personal data will be retained only for as long as we need it to fulfill the purpose for which we have collected it and, if applicable, as long as required by statutory retention requirements. XIV. Your rights Under the legislation applicable to you, you may be entitled to exercise some or all of the following rights: 1. require (i) information as to whether your personal data is retained and (ii) access to and/or duplicates of your personal data retained, including the purposes of the processing, the categories of personal data concerned, and the data recipients as well as potential retention periods; 2. request rectification, removal or restriction of your personal data, e.g. because (i) it is incomplete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) the consent on which the processing was based has been withdrawn; 3. refuse to provide and – without impact to data processing activities that have taken place before such withdrawal – withdraw your consent to processing of your personal data at any time; 4. object, on grounds relating to your particular situation, that your personal data shall be subject to a processing. In this case, please provide us with information about your particular situation. After the assessment of the facts presented by you we will either stop processing your personal data or present you our compelling legitimate grounds for an ongoing processing; 5. take legal actions in relation to any potential breach of your rights regarding the processing of your personal data, as well as to lodge complaints before the competent data protection regulators; 6. require (i) to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and (ii) to transmit those data to another controller without hindrance from our side; where technically feasible you shall have the right to have the personal data transmitted directly from us to another controller; 7. not to be subject to any automated decision making, including profiling (automatic decisions based on data processing by automatic means, for the purpose of assessing several personal aspects) which produce legal effects on you or affects you with similar significance; and/or 8. Your California Privacy Rights: Please see https://www.scientificamerican.com/page/california-consumer-privacy-statement/ You may (i) exercise the rights referred to above or (ii) pose any questions or (iii) make any complaints regarding our data processing by contacting us using the contact details set out below. XV. Minors Our website is not directed at children and we do not knowingly collect any personal data from children under 16 years old through our website. However, if the parent or the guardian of a child under 16 years old believes that the child has provided us with personal data, the parent or guardian of that child should contact us at dataprotection@springernature.com to request the deletion of this data from our files. XVI. Contacting us Please submit any questions, concerns or comments you have about this privacy policy or any requests concerning your personal data by email to our Group Data Protection Officer. You can contact our Group Data Protection Officer via dataprotection@springernature.com. The information you provide when contacting us at dataprotection@springernature.com will be processed to handle your request and will be erased when your request is completed. Alternatively, we will restrict the processing of the respective information in accordance with statutory retention requirements. XVII. Amendments to this policy We reserve the right to change this policy from time to time by updating our website respectively. Please visit the website regularly and check our respective current privacy policy. This policy was last updated on 10/15/2020.

Service Victoria App Terms and Conditions You can use the Service Victoria app to show proof of your COVID-19 vaccination status. Make sure you have the latest version of the Service Victoria app installed. If you agree to store your COVID-19 vaccination information to the Service Victoria app, Services Australia will disclose a vaccination token to Service Victoria containing a certificate document number, certificate date of issue, full name, date of birth, vaccine dose name, vaccine date, vaccine status and digital token generation time. Service Victoria will push the vaccination token straight to your device. This vaccination token allows your COVID-19 vaccination information to be updated regularly through the Service Victoria app. Service Victoria will not access your COVID-19 vaccination information. Service Victoria will only store a unique identifier comprising of your encrypted hashed name, date of birth, date of issue of certificate and your encrypted hashed device number. Service Victoria stores this information to prevent fraud and misuse and may share the information with Services Australia for these purposes. Learn more. When you store your COVID-19 vaccination information to the Service Victoria app, your information will be stored locally to your device. Other people who have access to this device might be able to view your information. It is your responsibility to keep this information secure. By selecting 'Accept' you provide consent to Services Australia sharing your COVID-19 vaccination information, and any future updates to this information, with the Service Victoria app. By selecting ‘Accept’ you also provide consent for Service Victoria to handle your COVID-19 vaccination information to provide proof of vaccination through its app when it is required by a state or territory public health order or for other health policy purposes as advised by the State of Victoria. You can withdraw your consent at any time. There is more information about withdrawal of consent on the Getting help during coronavirus (COVID-19) - COVID-19 vaccinations - Services Australia webpage. If you withdraw your consent, no further updates of your vaccination status will be shared with the Service Victoria app. Your COVID-19 vaccination information will remain on the device until you delete it. Your consent will remain valid for 12 months, unless you withdraw it earlier. At the end of this period you will need to refresh your consent for any further sharing of your COVID-19 vaccination information. If you choose not to share your COVID-19 vaccination information with the Service Victoria app you can continue to access your digital certificate via the Medicare Express Plus app or Medicare Online via myGov, or the IHI Member Service via myGov.

Google Pay Terms of Service (for non-US users) Last modified: April 5, 2021 1. Introduction Google Pay is a service provided by Google, and is subject to the Google Terms of Service ("Google ToS"). Google Pay is a "Service" as defined in the Google ToS, and the following Google Pay Terms of Service are additional terms which apply to the use of Google Pay. Your use of Google Pay is subject to these Google Pay Terms of Service and the Google ToS (which together, for purposes of these Google Pay Terms of Service, we refer to as the "Terms"), as well as to the Google Privacy Policy. If there is any conflict between the Google Pay Terms of Service and the Google ToS, the Google Pay Terms of Service shall prevail. If there is any conflict between the English language version of the Terms and a version translated into another language, the English language text shall prevail. Certain Google Pay features were previously branded "Android Pay." While you may continue to see legacy references to Android Pay in stores or on apps and websites, those features are subject to these Terms. If you have a Google Payments account with one of Google's wholly owned subsidiaries (such as Google Payment Corp. or Google Payment Ltd.), cards saved to that account may also be presented to you in certain contexts under the Google Pay brand, but their use in those contexts will remain subject to the Google Payments Buyer Terms of Service applicable to your Google Payments account and the Google Payments Privacy Notice. You can find the Google Payments Buyer Terms of Service applicable to your country of residence here. See Section 2, "General Description of Google Pay," for more details. Your use of Google Pay requires that you agree to the following terms. Please read them carefully. Some products and features may not be available in all countries. Please see the Google Pay Help Center for more information. 2. General Description of Google Pay Google Pay allows you to transact using a bank-issued virtual account number representing a credit or debit card you register with Google Pay (a "Virtual Account Number"), a transit agency pass you register with Google Pay (a "Transit Pass"), and a digital wallet or account that you have with a company other than Google and link to Google Pay in order to enable additional payment functionality (a "Linked Third-Party Account"). Virtual Account Numbers, Transit Passes, and Linked Third-Party Accounts (collectively, "Payment Instruments") may be used: (i) at participating merchant or transit locations, using an eligible NFC mobile device (which may include an eligible Android Wear device) and either the Google Pay application that resides on your mobile device or the Google Pay functionality in your Android device's settings, or (ii) online through certain merchant apps, websites, and other interfaces (Transit Passes excluded). When you set up a Virtual Account Number, Google Pay may also store the actual number of the underlying card in your Google Payments account for purchases on Google Play and elsewhere. At your request, Google Pay may assist with providing information from your Google Payments account to third party merchants, so that such merchants can charge your payment instrument and deliver goods and services to you. Google Pay may also enable you to store and access other items ("Save to Google Pay Items"), which include: vouchers, coupons, discounts, or other similar content that can be redeemed at participating merchants (collectively, "Offers"); membership, affinity, or rewards programs that you have already registered for or may newly register for via Google Pay (collectively, "Loyalty Programs"); tickets or passes for travel, entertainment, and other uses; and gift cards redeemable at a specific merchant store or group of stores (i.e., closed loop gift cards). Google Pay may provide you with services relating to the scanning, storage, display, status, and/or redemption of Save to Google Pay Items, including display of loyalty point and gift card balances, order tracking, and delivery updates. A Save to Google Pay Item may be added by you or, with your consent, pushed by a merchant or third party to your supported mobile device. It may also enable you to receive direct communications from the participating merchant and, in certain instances, allow you to accrue and/or redeem rewards program points and other incentives from that merchant. Payment cards saved to your separate Google Payments account are distinct from any Virtual Account Numbers you registered with Google Pay. Unlike a Virtual Account Number, a card saved to your Google Payments account will generally not be presented to you with card art resembling the associated physical card. Such a card may nevertheless be presented to you under the Google Pay brand in certain contexts, including when making a payment transaction on a Google app or website (e.g., Google Play or YouTube), on a third-party merchant's app or website, using the Google Assistant, or using the Google Chrome browser's Autofill feature. Such uses are subject to the Google Payments Buyer Terms of Service applicable to your Google Payments account. In the United Kingdom only, peer-to-peer "sending transactions" may also be branded Google Pay and are subject to the Google Payments Buyer Terms of Service (UK). 3. Using Google Pay (a) Age Restrictions. To use Google Pay you must be 16 years of age or older. If you are 16 or older but under 18 years of age (or the legal age of your country, if greater), you must have your parent or legal guardian's permission to use Google Pay and to accept the Terms. In order to use the Google Pay app, you must be 18+. (b) Basic Use Requirements. To use Google Pay you will need a Google Account; a device that meets the Service's system and compatibility requirements, which may change from time to time; working Internet access; and compatible software. Your ability to use Google Pay, and Google Pay's performance, may be affected by these factors. Such system requirements are your responsibility. (c) Getting Started. You may set up Google Pay using the Google Pay application on your mobile device, the Google Pay functionality in your Android device's settings, or via your Payment Instrument issuer's app. After you have provided the requested information and attempted to add a Payment Instrument to Google Pay, Google Pay will check both whether your Payment Instrument's issuer currently supports Google Pay and whether the card itself is eligible to be used with Google Pay. All of a participating issuer's cards may not be eligible. If your Payment Instrument's issuer does not currently support Google Pay or your Payment Instrument is not eligible to be added to Google Pay, Google may alert you via email when your Payment Instrument becomes eligible. If your Payment Instrument's issuer supports Google Pay and your Payment Instrument is eligible, when adding it you will see a screen asking you to accept the issuer's terms and conditions. Once you have done so and successfully added the Payment Instrument, Google Pay will store a Virtual Account Number representing your payment card's actual card number, or associate your Transit Pass or Linked Third-Party Account with Google Pay. This Virtual Account Number will be used for all in-store payment transactions using Google Pay. For payment transactions involving online merchants, Google Pay will cause either this or another uniquely generated account number to be sent to the merchant as a representation of your registered Payment Instrument, unless your Linked Third-Party Account provides otherwise. Google Pay and its various features may only be available for use in certain regions, with certain Payment Instruments or card issuers, or with certain merchants. Such regions, Payment Instruments, issuers, and merchants may change at any time. (d) Use of Google Pay. Your use of Google Pay with a given Payment Instrument is governed by these Terms as well the applicable terms and privacy policy from the issuer of your Payment Instrument or Save to Google Pay Item. Nothing in these Terms modifies such issuer terms or privacy policy. In the event of any inconsistency between these Terms and your issuer's terms, these Terms will govern the relationship between you and Google with respect to Google Pay, and your issuer's terms will govern the relationship between you and the issuer. You acknowledge that Google Pay may receive information from your Payment Instrument's issuer to display richly formatted transaction details and your recent transaction history in Google Pay. You agree not to use Google Pay for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse Google Pay, including any of its related servers, networks, or other infrastructure. You agree that Google Pay is for your personal use, with your own credit or debit cards, or third-party accounts. If you use Google Pay with an eligible corporate card, you agree that you are doing so with your employer's authorization and with the ability to bind your employer to these Terms. A Payment Instrument may be removed from Google Pay on a given device and become unusable with the Service if: (i) you delete the Payment Instrument from Google Pay; (ii) you delete the Payment Instrument from your Google Payments account, or remove it as a payment method from your Google Account; (iii) you erase your mobile device using Android Device Manager; (iv) you delete your Google Account; (v) your mobile device fails to connect to any Google product or service for 90 consecutive days; (vi) you do not use Google Pay on the device for 12 consecutive months; and/or (vii) your Payment Instrument's issuer or payment network instructs Google to remove the Payment Instrument from Google Pay. (e) Google's Role. While Google Pay enables you to store your Payment Instruments and transmit their information to merchants or transit providers, Google does not process Google Pay transactions with such Payment Instruments, and does not exercise control over: the availability or accuracy of payment cards, funds, payments, refunds, or chargebacks; the provisioning (or addition) of Payment Instruments to Google Pay, or addition of funds to Payment Instrument balances; or other commercial activity relating to your use of Google Pay. For any concerns relating to the foregoing, please contact your Payment Instrument's issuer. You acknowledge and agree that your transactions through Google Pay are transactions between you and the merchant and not with Google or any of its affiliates. For disputes relating to payment transactions conducted using Google Pay, contact your Payment Instrument's issuer or the appropriate merchant. Google is not a party to your registered Payment Instruments' cardholder agreements or other terms of use, and is not involved in issuing credit or determining eligibility for credit. Google does not make any representation or verify that any of your Payment Instruments is in good standing or that the issuer of your Payment Instrument will authorize or approve any transaction with a merchant or transit provider when you use Google Pay for that transaction. (f) Japanese E-Money Cards. In addition to credit and debit cards, Japanese users may also be able to add and manage e-money cards ("Japanese E-Money Cards") using the Google Pay app. (In Japan only, such cards also fall under the definition of "Payment Instrument" for purposes of these Terms.) Japanese E-Money Cards and associated funds are stored in your mobile device's secure element (although not in the form of virtual account numbers, as in the case of credit and debit cards), and may only be used at physical merchant locations equipped with compatible card readers or with select online merchants through the use of an external card reader. Please see the rest of these Terms for other terms governing your use of Japanese E-Money Cards with Google Pay. 4. Save to Google Pay (a) Save to Google Pay Items. Save to Google Pay Items contain data, images, and messages that are controlled and updated solely by the third party merchant that issues them. Save to Google Pay Item data may be presented to you on Google websites or mobile applications, on participating third party websites or mobile applications, through the Google Pay application, or at a merchant's physical location. If you are logged in to your Google Account on the web or on an Android device, you may select and store a Save to Google Pay Item to appear in Google Pay for redemption with a participating merchant. Through Google Pay, a merchant may display gift card, loyalty point, or other balances to users who have Save to Google Pay Items. With your consent, a merchant may also enroll you into a Loyalty Program by requesting your registration information through Google Pay. The Save to Google Pay feature is not intended for the storage of payment cards or open loop gift cards, which are prepaid gift cards with network logos on the back of the card that can be used at most merchant locations. (b) Use of Save to Google Pay Items. By redeeming a Save to Google Pay Item with a participating merchant, you authorize the information regarding that specific redeemable item to be transferred to the merchant for redemption. The redemption of the Save to Google Pay Item is processed by the merchant at its discretion, in accordance with the merchant's terms and conditions for that item, as applicable. If you have questions regarding redemption of a particular Save to Google Pay Item, please contact the merchant directly. (c) Google's Role. Your purchases of products with and/or redemptions of Save to Google Pay Items are transactions between you and the merchant, and not with Google or any of its affiliates. Google is not a party to your purchase of products with or redemption of Save to Google Pay Items. Google does not guarantee, and is not liable for, the accuracy, security, redeemability, or other functionality of a merchant's Loyalty Program, gift card program, balances, Offers, rewards, or other Save to Google Pay Items. Google is not liable for errors or omissions from the merchant in the enrollment or administration of their Loyalty Programs, or in the purchase and redemption of closed loop gift cards, and is not liable for any security breaches within a third party merchant's systems or processes. (d) Merchant Communications. By saving a Save to Google Pay Item, you agree you are providing your prior express consent to receive communications from a third-party merchant directly to you through Google Pay. Google does not create or control the content sent by the merchant to you. You may remove the Save to Google Pay Items from Google Pay at any time to stop receiving merchant communications through Google Pay (although this will not discontinue your participation in the merchant's Loyalty Program or discontinue communications from that merchant to you outside of Google Pay). To discontinue a Loyalty Program completely, you must contact the specific merchant directly. (e) User Images in Save to Google Pay Items. You may be able to add personal or other images to a Save to Google Pay Item using your device camera. Please use reasonable care and common sense in what you scan and store as images. Google is not liable for user-added images to Save to Google Pay Items, including images containing personally identifiable or other sensitive information, or for errors resulting from scanning or storing of an image. Adding images that are unlawful, offensive, harmful, or otherwise objectionable may result in the suspension of your access to Google Pay services, in Google's sole discretion. 5. Privacy (a) Information Google May Share. In order for Google to provide Google Pay services, you permit Google to disclose to apps and websites that you have set up Google Pay, and to share your device, payment, location, and account information with your payment method's issuer and network. Where necessary to process your transactions, you also permit Google to share your personal information with merchants, payment processors, and other third parties. (b) Information Google May Collect. As permitted in our privacy policies, and in order for Google to provide and improve its services, you permit Google to collect transaction, account, and other personal information from third parties, including merchants and your payment method's issuer.

Commonwealth Bank Google Pay Terms and Conditions These Commonwealth Bank Google Pay Terms and Conditions, the CommBank App Terms and Conditions (available through the CommBank App), together with the Terms and Conditions of your accounts and Commonwealth Bank’s Electronic Banking Terms and Conditions, govern your use of your eligible Commonwealth Bank card with the Google Pay. 1 Using and managing Google Pay a. You can add an eligible Commonwealth Bank card to Google Pay on supported devices. You can add an eligible Commonwealth Bank card to Google Pay on supported devices. If you are an additional cardholder, you may add your eligible Commonwealth Bank card to Google Pay provided it is a Mastercard branded card. Additional Visa cardholders may be eligible for Google Pay, however, an in-person transaction limit of $100 will apply. b. You may be required to enter a verification code when adding a card. You should ensure that Commonwealth Bank has your correct mobile number in order to receive a verification code via text message. c. Once you have successfully added your card to Google Pay, you may process transactions up to your card limit using Google Pay. You may be required to enter your card PIN into the merchant's terminal or enter your mobile phone security credentials (eg, device PIN, passcode or biometric identifier) on supported devices to complete a transaction. d. Your card can be unlinked from Google Pay by following the instructions on the Google Pay website or Google Pay app. e. Google Pay is a service provided by Google, not by us. We are not responsible for any loss you suffer in relation to: i. any error, defect or unavailability of the Google Pay; ii. any failure or refusal of merchants to process transactions using the Google Pay. f. We may exchange information with Google and the relevant card scheme networks eg, Mastercard and Visa, related to the set up and use of Google Pay. By using Google Pay you agree that: i. Google can provide us with information, such as your Google device details, for purposes including providing customer support, detecting and managing fraud, and to comply with applicable law and regulations. ii. We can provide Google and the card scheme networks with information for the purpose of operating and generally improving Google Pay. Google’s data collection and handling practices are in accordance with their privacy policy (available at http://www.google.com/policies/privacy/). In some cases, we may provide new card details to the card scheme networks to which we are a member, for example, when your card is lost or stolen. g. If you don’t want us to collect or disclose this information, you should not register a Commonwealth Bank card for use in Google Pay. h. You and any additional cardholder must agree to Google Pay terms and conditions in order to register your eligible Commonwealth Bank card and use it with Google Pay. 2 Security requirements for Google Pay a. You must take steps to secure your supported device on which your eligible Commonwealth Bank card has been registered. b. You are responsible for ensuring that: i. any password of your supported device is kept secret and secure, not easily guessed or deciphered (e.g. your date of birth), and not shared with another person; ii. your biometric identifier (e.g. fingerprint) is the only biometric identifier registered on your supported device; iii. your supported device is not left unattended, is locked when not in use; and iv. any eligible Commonwealth Bank cards are unlinked/removed from your c. If you fail to comply with any of the requirements in this clause 2, you are taken to have made any transactions using Google Pay and you are responsible for the use of your eligible Commonwealth Bank card. d. You must tell us straight away if: i. an eligible Commonwealth Bank card or Android device has been lost or stolen; or ii. You suspect someone else has used your Commonwealth Bank account without your permission or may have access to your Android device or know your security credentials. e. You should immediately unlink your eligible Commonwealth Bank card/s from Google Pay if your supported Android device is stolen or lost. Instructions to unlink your card are available on the Google Pay website and/or the Google Pay App. 3 Fee and charges We do not impose any additional fees and charges for registering and using your eligible Commonwealth Bank card with Google Pay. However, you will need to pay any third party fees and charges associated with downloading, registering and using the Google Pay on a supported device. 4 Rights we have We may suspend or terminate use of your eligible Commonwealth Bank card (including the card of any additional cardholder) with Google Pay without notice at any time, including if: i. you ask us to suspend or close the eligible Commonwealth Bank account that the card is linked to; ii. either you or the additional cardholder breach these terms and conditions; iii. we suspect unauthorised transactions have occurred; or iv. we are required by a regulatory or government body. 5 Changes to terms We can make changes to these terms and conditions at any time. We will notify you of any material changes via the Google Pay app, CommBank App, NetBank, SMS, email, statement message, newspaper advertisement or other appropriate means. We may require you to confirm your acceptance of changes to continue using your eligible Commonwealth Bank card in Google Pay. 6 Meaning of words "Google Pay app" means app made available by Google to facilitate Google Pay payments. “card scheme networks” means Mastercard, Visa or eftpos Australia "supported device" is any equipment or device used to access your account, including a mobile phone or wearable device e.g. smartwatch, that is not given to you by us. "eligible Commonwealth Bank card" means a compatible debit or credit card that can be used for Google Pay on a supported device that has been issued by Commonwealth Bank to you. You will be notified if your card is eligible when you attempt to register it with Google Pay. "password" means any password or code either we or a third-party gives a user, or that a user creates, that must be used before we, or a third-party, process a transaction. This includes PINs, internet, phone or mobile banking passwords, and codes generated by security token. “security credentials” means any personal identification number, password, biometric identifier or other measure used to ensure the security of your supported device. "we", "us", "our", or "Commonwealth Bank" means Commonwealth Bank of Australia ABN 48 123 123 124 "you" or "your" means the person who holds the card that is used for Google Pay

RISING TERMS AND CONDITIONS OF SALE When purchasing a ticket online to an event promoted or presented by RISING, you agree to the following Terms and Conditions: In these Terms and Conditions, a reference to “RISING” is to Melbourne International Festival of the Arts trading as RISING ABN 41 058 535 863. A reference to the “Venue” is to the premises and/or venue to which a ticket relates. Tickets are sold or issued subject to the Live Performance Australia Ticketing Code of Practice (Consumer Code) (the LPA Code). A copy of the LPA Code can be obtained by visiting www.liveperformance.com.au (click here for a direct link to LPA Codes). VICTORIA’S COVID RECOVERY ROADMAP – DELIVERING THE NATIONAL PLAN Victoria’s roadmap to Deliver the National Plan (Roadmap) sets out how we can safely reopen, while also supporting our health system to ensure Victorians can still get the healthcare they need, when they need it most. For more information about the Roadmap, see https://www.coronavirus.vic.gov.au/victorias-roadmap. RISING is committed to the safety of staff, patrons and artists, and have adopted some special Terms and Conditions to reflect the requirements of the Roadmap. These special terms are informed by a safety-first approach so that events are COVID safe for all workers and audiences and mitigate risks of community transmission to the general public. These special terms are set out below and operate to supplement the Terms and Conditions. If there is any inconsistency between the special terms and the other Terms and Conditions, the special terms apply to the extent of the inconsistency. All other Terms and Conditions continue in full force and effect EVIDENCE OF HAVING RECEIVED TWO OR MORE DOSES OF AN APPROVED COVID 19 VACCINATION A. Customers aged 16 or above (or if required by applicable public health directions, aged 12 or above) must provide information to verify their COVID 19 vaccination status (vaccination information) as a condition of entry to the Venue. This will be checked by our team at the point of entry. Any abuse towards our team will not be tolerated and will result in you being denied access to the Venue. B. The Venue is only open to customers who have received two or more doses of an approved COVID 19 vaccination (as per the guidance of Victorian’s Chief Medical Officer) or have a valid medical exemption. C. We encourage you to download the Service Victoria app and to link your official vaccination certificate or valid medical exemption to the Service Victoria app prior to arriving at the Venue. If you provide evidence of your vaccination status in a form other than via the Service Victoria App, you may experience delayed entry to the Venue. D. If you are not able to do so, we may also accept other forms of information about your vaccination status where this derived from a record of information that was made under, or in accordance with, the Australian Immunisation Register Act 2015 of the Commonwealth. This may be in the form of a letter from a medical practitioner, a certificate of immunisation through the Medicare app or equivalent smartphone wallet, or an immunisation history statement obtained from the Australian Immunisation Register. E. Information about your vaccination status will only be used by RISING to assess your eligibility to enter the Venue. It will not be recorded or retained by RISING for any purpose. OTHER CONDITIONS F. During the period of the Roadmap, there may be additional conditions applicable to your attendance at the Venue or event which are not known to RISING at the time you purchase your ticket. We will use all reasonable efforts to communicate such additional conditions to you prior to the event or your attendance at the Venue. If you are unable to meet these additional conditions or no longer wish to attend the Venue or event due to these additional conditions, we will provide you with a refund or exchange in these circumstances. COVID-19 SPECIAL TERMS G. RISING reserves the right to change its procedures and requirements for collection of tickets. Physical tickets may not be issued for selected Events. Instead, an electronic ticket will be issued or your name may be checked at the entrance against details provided by you at the time of booking. H. In accordance with health guidelines, RISING requires transaction payments to be completed using contactless payments. Cash payments will not be accepted for some or all transactions. I. Due to physical distancing requirements, Event tickets may be sold as unallocated at the time of purchase or the allocation of seating may change. RISING reserves the right to allocate or reallocate seats for you and the members of your party prior to, or at the time of, the Event. WHEN YOU MUST STAY AT HOME J. You must stay at home and must not attend the Venue or the event if you: a. are required to self-isolate or quarantine due to applicable public health orders and the event falls within the isolation/quarantine period. b. have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results). The symptoms of COVID-19 include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell. K. You must communicate these requirements to members of your booking party which apply to them as well. TICKET EXHCNAGE OR REFUND IN RELATION TO COVID-19 L. We are offering additional flexibility through our refund policy at this time, having regard to the uncertainties posed by COVID-19 and to encourage you and the members of your booking party to comply with the stay at home requirements in Clause J. M. You will be entitled to a refund or exchange if you or a member of your booking party falls into any of these categories: a. You or they are required to self-isolate or quarantine due to applicable public health orders and the event falls within the isolation/quarantine period. b. You are unable to travel to attend the event due to border restrictions c. You or they have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results). The symptoms of COVID-19 include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell. You must contact us as soon as possible if you or a member of your booking party falls into any of these categories. N. You will not be entitled to a refund or exchange if you or a member of your booking party falls into any of these categories: a. You or they are well and do not wish to attend an event due to fears of exposure to COVID-19; or b. You or they are unwell and do not attend an event (other than due to COVID19 illness or symptoms); or c. You or they are from a group at a higher risk of COVID-19; or d. You or they do not comply with the vaccination requirements outlined under Clause F; or e. You or they do not comply with RISING’s COVID safety protocols as outlined under Clause ; or f. You or they do not comply with public health orders applicable to your attendance at the event. For example, you do not wear a mask as required under public health orders (if applicable) COVID-19 SAFETY WHEN YOU ATTEND OUR VENUES AND EVENTS O. When you attend our Venues and events, you and each member of your booking party must comply with any COVID-19 safety protocols or requirements notified to you by RISING or the Venue (including by way of signage at the Venue or by way of line markings on the floor). This includes complying with: a. Check-in using the Service Victoria app; b. Hand hygiene requirements and the requirement to wear a face mask; c. Physical distancing requirements (including physical spacing requirements while queuing); d. Person limits for particular spaces and areas; or e. Person density requirements. You acknowledge that anyone not adhering to these requirements may be in breach of directions issued by the Chief Health Officer for which penalties may apply. The most up to date COVID-19 Safety protocols can be found on our website – please check these on the day before arriving at the venue. P. Without limitation to clause 6 of the Terms and Conditions, you and your booking party may be refused entry or required to leave the Venue or event if you or they: a. refuse to comply with any COVID-19 safety protocols or requirements notified to you by RISING b. refuse to comply with any reasonable health and safety directions given by Venue staff c. are exhibiting symptoms of COVID-19, as notified to or as assessed by Venue staff. These include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell d. have been tested for COVID-19 and are awaiting test results or e. are required to be in self-isolation/quarantine under applicable public health orders. In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law). Q. We ask that you and each member of your booking party make a reasonable assessment of your health status before attending RISING event/s. To avoid doubt, unless required by law you will not be entitled to a refund if you or a member of your booking party attends a 6.11. You agree that you may be filmed, taped, interviewed, photographed, or recorded while attending an Event, and you consent to RISING or third parties engaged by RISING filming, taping, interviewing, photographing, or recording you. You further agree that RISING may use, publish, edit, incorporate, or otherwise exploit any materials produced under this clause for any purpose (and authorise others to do the same) without further reference to you. 6.12. Without prejudice to any other rights which RISING or the Event venue may have, if you contravene any of these Terms of Sale you may: 6.12.1. Be refused entry to, or removed from, the venue; 6.12.2. Have your Ticket confiscated and/or cancelled without refund or recompense; and 6.12.3. Be disqualified from purchasing tickets for or entering other Events. 6.13. Where circumstances require, RISING may search a person and/or their possessions prior to entry. Refusal to comply may result in non-admittance. 6.14. Patrons carrying large backpacks and other oversized bags (larger than A3 size) may not be admitted. Cloaking facilities are unlikely to be provided. 6.15. If you are refused entry to an Event for any reason then in accordance with these Terms of Sale, no refund will be paid. 6.16. Ticketholders may be required to produce their ticket(s) as proof of authorised entry at any time. 7. GIFT VOUCHERS (MOON UNITS) 7.1. You may purchase a RISING gift voucher (Moon Units) to be redeemed for tickets, to any monetary value. 7.2. Gift Vouchers and unused portions of Gift Vouchers should be spent withing 36 months (three years) from the date of purchase, which is the “expiry” date displayed on the gift voucher 7.3. Gift Vouchers can be redeemed in person at a RISING box office, or via our Customer Service hotline (03)9662 4242 7.4. Any unused balance will not be refunded or credited on expiry 7.5. Gift Vouchers are non-refundable 7.6. Gift Vouchers cannot be redeemed for cash 7.7. Additional values cannot be added to an existing voucher; however, additional vouchers may be purchased 7.8. If an order exceeds the amount of a Gift Voucher, the balance must be paid with an alternate payment method 7.9. Gift Vouchers are considered currency. Replacements will not be issued for lost or stolen Gift Vouchers 7.10. Standard fees and charges must be applied to all Gift Voucher transactions 7.11. RISING may request an alternative form of payment if we have reason to believe that a Gift Voucher has been fraudulently obtained and is being used to make purchases 7.12. RISING may provide purchasers of Gift Vouchers with information about the redemption status of Gift Vouchers. 8. LIABILITY 8.1. You are responsible for your own safety and property when attending an Event, and to the extent permitted by law, you release RISING and its officers, directors, employees, consultants, licensors, suppliers, and agents from any liability for any claim, damage, injury or loss you may suffer in relation to your attendance at an Event, howsoever caused, including without limitation due to any negligence or other act or omission of RISING. Events presented by RISING include, but are not limited to, artistic presentations and displays, music and performances, food and beverage service and other entertainment. 8.2. You will indemnify RISING and its officers, directors, employees, consultants, licensors, suppliers and agents against any claim, loss, injury or damage suffered by any of them as a result of your wilful, reckless or negligent act or omission at or in connection with an Event, product or service presented or provided by RISING, or as a result of a breach by you of these Terms of Sale. 8.3. Except as set out in the LPA Code or under any relevant statutory provision that cannot be excluded, RISING is not liable (including in negligence) for any claim, damage, compensation, loss, or expense that may be suffered or incurred as a result of an Event being cancelled, postponed or changed. 8.4. Personal arrangements including travel, subsistence and accommodation relating to an Event which has been arranged by you are at your own risk. 8.5. You agree that your use of any RISING website to purchase a Ticket is, so far as permissible under any relevant statute, at your own risk. To the extent permitted by law, RISING excludes all liability (including without limitation in negligence) for any direct, indirect, incidental, special or consequential loss arising out of or in connection with your use of any RISING website or any associated payment process, and makes no representation or warranty as to the operation or functionality of any RISING website or any associated payment process. 9. PRIVACY 9.1. RISING respects the privacy of its patrons and strictly adheres to the principles of the Privacy Act 1988. Our privacy policy can be viewed on this website, or by contacting RISING. It contains information about how you can seek to access or correct personal information we hold about you, how you can make a privacy complaint and how we will deal with a privacy complaint. 9.2. By purchasing a Ticket, attending an Event, or otherwise dealing with RISING, you agree to be bound by RISING's privacy policy. 9.3. RISING collects personal information for purposes that include organising and conducting the festival, improving services and, where you have consented, sending you information about future RISING events, alongside carefully selected special offers from our sponsors. Generally, we only disclose this information to other companies involved in organising and conducting RISING. We may disclose this information to third parties such as our contractors (e.g. IT service suppliers), who may be located overseas (e.g. in the USA). If you choose not to provide this information, we may not be able to provide you with our services.

You confirm that you are over 18 years of age and are not now nor have ever previously been a member of Anytime Fitness in Australia nor have you ever previously applied for a Free Trial. You confirm that you live or work nearby to this Anytime Fitness club and this is the club you would be most likely to use regularly if you chose to become a member. You agree that all activities and use of all facilities and equipment will be undertaken by you at sole risk and you accept the risk of injury from Club activities/equipment. You must follow any instructions or rules displayed at the Club or given to you relating the use of our facilities. You understand that Anytime Fitness« is a trademark of Anytime Fitness LLC. that has been licensed to us and that this Club is independently owned and operated by the Club Owner. You hereby release, indemnify, and hold harmless the Club owner, Anytime Fitness LLC, Anytime Australia, their respective owners, officers, affiliates, agents and employees, other participants, sponsoring agencies, sponsors, advertisers and, if applicable, owners and lessors of premises used to conduct any sponsored event (Releasees),with respect to any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, that may arise out of or in connection with your use of the Club's equipment or facilities or any incident that occurs while using the Club's facilities or engaging in Club activities on or off the premises or otherwise related to your Club visit. This release is intended to be as broad and inclusive as permitted by the laws of the state in which the Club is located and if a portion of this release is held invalid, the balance shall remain in full force and effect. You may have rights under the Australian Consumer Law. This release is not intended to restrict, modify or limit your rights under the Australian Consumer Law. A copy of our privacy statement can be found at

Anytime Fitness Privacy Policy Compliance with Privacy Obligations This Privacy Statement sets out the policy of Anytime Australia Pty Ltd (Anytime Fitness) and its franchisees with respect to the way in which we collect, use, disclose, store, secure and dispose of Personal Information about our customers, franchisees and employees including through our website at www.anytimefitness.com.au Anytime Fitness is bound by the National Privacy Principles set out in Schedule 3 of the Privacy Amendment (Private Sector) Act 2000 ("the Act"). A copy of the National Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au Anytime Fitness is dedicated to ensure that personal and sensitive information is gathered with respect to the individual and aims to exercise the highest standard of care in preserving privacy of information in all areas of operation. The information about individual health collected by Anytime Fitness is handled in compliance with applicable State and Territory health records legislation. Collection of Personal and Sensitive Information For the purposes of this Statement, ôPersonal Informationö is characterised as being information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from that information or opinion. ôSensitive informationö means health information about an individual. The types of Personal Information generally collected by us include name, address, date of birth, mobile and telephone numbers, e-mail address, credit card or bank account details, occupation and employer, driverÆs licence number and emergency contact details. Personal Information is also collected when individuals provide business cards or other documentation to us containing such Personal Information, including completion of a Membership Agreement and a Health Questionnaire. Personal Information also includes information we collect in the course of providing services to individuals and external communications. The types of Sensitive Information generally collected by us include information relating to health issues that is necessary to properly advise customers about fitness training. The types of health related information include medical history, whether individuals are using medication, smoke or are pregnant and other health related information. We will obtain specific consent in circumstances where it is necessary to collect sensitive information. Use of Personal and Sensitive Information Any Personal or Sensitive Information that we collect about individuals will be used and disclosed by us to provide the services required or otherwise to enable us to carry out our functions. Anytime Fitness will disclose personal information to third party business partners when they provide services to Anytime Fitness that are consistent with the terms of Privacy Policy. When we outsource or contract out specific support services, our contractors may access individualsÆ personal information. It is important to note that all our contractors are subject to strict confidentiality obligations. We take great pride in operating only with reputable business partners. Personal or Sensitive Information that is in our possession is not a subject to rent, sale or any other disclosure to any other company or organisation, without prior consent of individuals where that consent is required by law. Individuals consent to our use and disclosure of their Personal Information where it is incidental to a sale of our business to a third party. They also consent to Personal and Sensitive Information being disclosed to Anytime Fitness head office, franchisees and placed on an intranet that is accessible by head office and all franchisees. This is required to enable individuals to be recognised as an Anytime Fitness member, no matter which Anytime Fitness Club they attend in Australia. Anytime Fitness will disclose personal information if it is under a legal requirement to do so (for example, under a court order, or if required under legislation), or if an authorised request is made from a law enforcement agency. Otherwise, we will only disclose personal information with the consent of the relevant individuals. If consent is obtained, we may provide personal information to Anytime FitnessÆs personal trainers to assist customers to improve their fitness and well being, in addition, trainers can advise customers which fitness programs are suitable for them. If personal trainers are contractors (rather employees), their contracts with us require them to keep Personal Information confidential. Information provided by Franchisees Information of a personal and sensitive nature is provided to Anytime Fitness by its potential franchisees. The information is used to evaluate the suitability of the applicants becoming Anytime Fitness Franchisees. Anytime Fitness may make enquiries and check accuracy of information at consent of potential franchisees, this will be the only time the Company may disclose such information to third parties unless required in accordance with the Privacy Act. It is at discretion of an applicant to provide information requested, however this may obstruct the process of assessing their suitability. The personal information of successful applicant will form part of an ongoing franchisee record. Should the application be unsuccessful, individual will be given the opportunity to have the information collected returned to you or destroyed. Information provided by employees Any employment application provided to the Company will be used solely for the purpose of analysing suitability for a position available. Personal details will only form part of an employee record if application is successful. The information about employees will only be disclosed by Anytime Fitness if required by law to authorised government agencies i.e. Australian Taxation Office or as otherwise directed by employee. Any unsuccessful applications will remain on file to be revisited should suitable opportunities arise in the future and if required by the applicant applications may be returned or destroyed. Website/online privacy Privacy Policy outlines our approach to online privacy issues regarding personal information collected through our website: http://www.anytimefitness.com.au Anytime Fitness will handle personal information collected online with the utmost care, and will not knowingly use it in ways not explicitly consented to by the user who supplied the information and to whom the information refers. Anytime Fitness will handle personal information collected online consistently with the way that it handles personal information collected offline. Other matters specific to our handling of personal information online are set out below. a) Cookies No personal information is collected by Anytime Fitness when individuals visit our website, unless they chose to provide it to us (for example, by sending us emails through our website). However, we may collect certain data that does not identify individuals (sometimes called "web log information") when they visit certain pages (such as the type of browser and operating system they have). We may also use "cookies" which are small files that are stored on computer and that manage the security and navigation process of the site. Users can choose to block these cookies but some portions of the site may not function correctly if they do. This type of data is collected for statistical purposes only, and while cookies will identify computer, they are unlikely to identify users personally. b) Email/SMS marketing We will not SMS our marketing material unless customers have consented to this. This is a requirement of the Spam Act 2003. Further, customers can unsubscribe from our e-newsletter or other bulletins by using the "unsubscribe" facility contained in each electronic publication we send. Occasionally, Anytime Fitness will send promotional email messages to prospective customers to marker a service or activity. This will only be done on reasonable belief that customers would be interested in the subject matter. In every case customers will be provided with clear and simple instructions on how to be removed from our mailing list c) Site security policy Our website uses up-to-date technology to maximise the security of userÆs personal information. Anytime Fitness places great importance on the security of all information associated with our customers. Our security and privacy policy are continually reviewed and updated, the user information is accessed by authorised personnel. We aim to prevent accidental manipulation, destruction, use, disclosure loss or unauthorised access of data. d) Hyperlinks to other websites Our web site contains links to other web sites which we do not control; they are not covered by our Privacy policy. If users access other websites using the links provided, operators may collect information from users and use it in accordance with their privacy policy, which may differ from ours. We have no control over the types of information the site owners choose to collect and how they use it. e) Social Networking Acceptable Use Policy Anytime Fitness encourages all comments on any of our social networking pages (Facebook, YouTube, Twitter), as we would like to hear from our fans, clients, friends and staff. Customer views, news, ideas, insights and criticisms about Anytime Fitness are very important to us, yet the social networking sites must not be used to abuse others, expose others to offensive or inappropriate content, or for any illegal purpose. It is the userÆs responsibility to protect their personal privacy when using our social networking pages. We advice users not to include any personal information of either themselves or of others in their posts to the wall (such as email addresses, private addresses or phone numbers). In addition, it is recommended to refrain from posting materials to the page that infringe the intellectual property rights of others and not to include internet addresses or links to websites, or any email addresses in posts to the wall. Any information posted to the Anytime Fitness Social Networking pages (Facebook, YouTube, Twitter) is recorded and used for the purpose of administering pages and addressing any comments made, while no attempt will be made to identify users except where authorised by law. We are not responsible for the privacy practices or content of social networking pages (Facebook, YouTube, and Twitter).The responsibility of Anytime Fitness is limited to our own postings made on our Facebook page ô Anytime Fitness Australiaö. Security We use all reasonable endeavours to secure any Personal or Sensitive Information that we hold about information and aim to keep this information accurate and up-to-date. Technical and organisational security measures are in place to ensure the security of information and to protect it against deliberate or accidental manipulation, destruction, use, disclosure loss or unauthorised access. Personal and Sensitive Information is stored behind industry standard firewalls and where applicable, protected by user names and passwords. Where appropriate, Personal and Sensitive Information is kept within a locked storage room. Changes to Privacy Statement Anytime Fitness reserves the right to change this Privacy Statement without prior notice. Any changes to Privacy Statement will be posted on the Anytime Fitness website. In order to remain updated and informed on protection of Personal and Sensitive Information, we encourage users to review this Statement. If, at any time, you have questions, comments or concerns about our privacy commitment please contact us. Access and correction of your personal information The access to personal information that we and/or contractors hold can be obtained on request. It is at discretion of Anytime Fitness to provide this information to individuals, depending upon legal circumstances. Users are entitled to tell us if they do not wish us to hold their information, we will remove all such information from our database. Individuals also have the right to ask us to correct information about them which is inaccurate, incomplete or out of date. If you wish to seek access to or correction of personal information that Anytime Fitness holds about you, please contact us at www.privacy.gov.au. We may ask you to put your request in writing. It is important to us that the personal information we hold about you is accurate, complete and up to date. Contact details You can either provide a written request or complaint at one of our clubs, or you can contact our Privacy Officer as follows; òBy letter: Privacy Officer, Anytime Fitness, Ground Floor, 71 Longueville Rd, Lane Cove, NSW, 2066, Australia; òBy telephone: 02 9415 5300; or òBy email to legal@anytimefitness.com.au or www.privacy.gov.au. This Privacy Statement applies to Anytime Australia Pty Limited, its employees and contractors. If we decide not to correct or provide you with access to your personal information, we will give you our reasons for our decision. Complaints If you have a complaint about the way we have dealt with your personal information, please contact us at the above telephone numbers. We will make all reasonable attempts to respond to your complaints or requests. CCTV Cameras and Surveillance We undertake an ongoing video recording in every Anytime Fitness gym for the purpose of ensuring security in every club via CCTV cameras, recording the time and date at which images are taken. Video recording can be accessed only by authorised staff. Video recordings of a specific incident may be released to the NSW Police Service only under the terms of this policy or subject to the execution of a search warrant or other legal process and only with the approval of Anytime Fitness Company Secretary.

TikTok Terms of Service (If you are a user having your usual residence in the US) Last updated: February 2019 1. Your Relationship With Us Welcome to TikTok (the “Platform”), which is provided by TikTok Inc. in the United States (collectively such entities will be referred to as “TikTok”, “we” or “us”). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND TIKTOK AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TIKTOK WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 2. Accepting the Terms By accessing or using our Services, you confirm that you can form a binding contract with TikTok, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. You should print off or save a local copy of the Terms for your records. 3. Changes to the Terms We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services. 4. Your Account with Us To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: https://www.tiktok.com/legal/report/feedback. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. If you no longer want to use our Services again, and would like your account deleted, contact us at: https://www.tiktok.com/legal/report/feedback. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. 5. Your Access to and Use of Our Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from TikTok, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose TikTok, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. 6. Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree to the terms of the Copyright Policy. 7. Content TikTok Content As between you and TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “TikTok Content”), are either owned or licensed by TikTok, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the TikTok Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization). Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the TIkTok Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. TikTok reserves all rights not expressly granted herein in the Services and the TikTok Content. You acknowledge and agree that TikTok may terminate this license at any time for any reason or no reason. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. We make no representations, warranties or guarantees, whether express or implied, that any TikTok Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content). User-Generated Content Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained Virtual Items Policy) and other elements provided by TikTok (“TikTok Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes TikTok Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes TikTok Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label. Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services. Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services”above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. If you wish to file a complaint about information or materials uploaded by other users, contact us at: https://www.tiktok.com/legal/report/feedback. TikTok takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.It is TikTok’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that: TikTok has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 8. Indemnity You agree to defend, indemnify, and hold harmless TikTok, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. 9. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE 10. LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE LAST 12 MONTHS. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 11. Other Terms Open Source.The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy. Entire Agreement.These Terms constitute the whole legal agreement between you and TikTok and govern your use of the Services and completely replace any prior agreements between you and TikTok in relation to the Services. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable. ARBITRATION AND CLASS ACTION WAIVER. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below. Informal Process First. You agree that in the event of any dispute between you and TikTok, you will first contact TikTok and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of TikTok’s services and/or products, including the Services, or relating in any way to the communications between you and TikTok or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and TikTok. However, this arbitration agreement does not (a) govern any Claim by TikTok for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TikTok are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: TikTok Inc., 5800 Bristol Parkway, Culver City, CA 90230 Email Address: legal@tiktok.com The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below. If you do not want to arbitrate disputes with TikTok and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@tiktok.com within thirty (30) days of the first of the date you access or use the Services. Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration. If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and TikTok each waive any right to a jury trial. If a counter-notice is received by TikTok’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the Content Provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at TikTok’s sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_dca/contactus.shtml. Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: https://www.tiktok.com/legal/report/feedback. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information. Exports. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by TikTok hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. App Stores To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices: Notice regarding Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that: These Terms between TikTok and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. TikTok expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple. Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that: You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and Amazon does not have any responsibility or liability related to compliance or non-compliance by TikTok or you (or any other user) under these Terms or the Amazon Appstore EULA Terms. Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by TikTok or you (or any other user) under these Terms or the Google Play Terms. Contact Us. You can reach us at: https://www.tiktok.com/legal/report/feedback or write us at TikTok Inc.: 10100 Venice Blvd., Culver City, CA 90232 , USA Terms of Service (If you are a user having your residence in the EEA, the United Kingdom or Switzerland) Last updated: July 2020 1. Your Relationship With Us Welcome to TikTok. TikTok is a leading platform for creating and sharing short-form videos (the “Platform”). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites (such as tiktok.com), services, applications, products and other content which are stated to be offered subject to these Terms (collectively, the “Services”). The Services are provided by the company that offers the Services in your region (“TikTok”, “we” or “us”): Residents of the EEA + Switzerland: The Services are provided by TikTok Technology Limited, which is registered in Ireland with its registered office at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland and company number 635755. Residents of the United Kingdom: The Services are provided by TikTok Information Technologies UK Limited, which is registered in England with its registered office at 6th Floor, One London Wall, London, EC2Y 5EB, United Kingdom. Your Service provider may change if you relocate to another country and continue using our Services. The Services are provided for private, non-commercial use. For the purposes of these Terms, “you” and “your” means you as the user of the Services. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully and if you do not agree to them, please do not register, access or use any of the Services. 2. Description of the Services The Services and the Platform are only for people 13 years old and over. You can use the Services and the Platform via the TikTok mobile apps (“App”) and via the TikTok Website (“Website”). Certain functions are available only in the App. Further, not all Services or features may be available in your country or region. Different features may be available in different versions of the Services. Certain features are not available for users under a certain age. The Services allow you to create, publish and share short-form videos and to consume videos other users have created and interact with those videos and other users. Create and share videos: In particular: You can record or import videos into the Services. You can edit videos and enrich them with filters and additional elements. You can also include content from other users in your videos, provided the creator of the respective video allows the use of their content for such purposes. Other users can use your content in their videos, if you allow the use of your content for such purposes. You can publish videos in the Services so that other users can consume your videos. Videos you publish publicly will be available in the App and on the Website. You can share your videos, or videos of others that have enabled sharing, via various messaging services and on third-party social media platforms (e.g. Instagram, Facebook, YouTube, Twitter) in accordance with the respective terms of service. You can enter a video description, tags and various privacy settings when publishing a video. You can enter a short biography text and profile picture in your public user profile. Subject to the conditions of our Virtual Items Policy you can live stream, use live streaming features, purchase coins and exchange coins for gifts (the “Live Stream Program”). Consume videos: You can consume videos of other users of the Services. In particular: You can consume videos that other users have shared publicly or by users you follow. The Service provides you with a customised “For You” page in which the Service selects videos to show you based on what the Service determines could be interesting for you. For further information, please see the Privacy Policy. The Service provides other ways to find content for you to consume, e.g. a list of other users’ videos on their profile, a search function, and category selection. You can watch live streams of other users. Interact with other users: You can interact with users’ content and other users. In particular: Direct messages: You can send direct messages to users if they follow you. Likes: You can like videos. Comments: Subject to users’ settings, you can post comments on their videos. Follows: You can follow users. If users restrict their profile, you can only follow users if they approve your request to follow. “Find Friends” functionality: You can find friends through your phone address book and through Facebook. Pro Accounts: You can also upgrade your user account to a free “Pro Account”. A Pro Account gives you access to additional features, such as aggregated statistics about your content. If you participate in the TikTok Creator Marketplace (“Marketplace”), you can use the Pro Account menu to access settings and manage requests relating to Marketplace functions. Limitations to the Services: We strive to offer the Service without significant interruptions and to improve the Service continuously. However, it may occur that the service is completely or partially unavailable for certain periods of time for reasons of planned or unplanned downtime, for maintenance or in case of technical difficulties. 3. Accepting the Terms By registering, accessing or using the Services, you agree that you can, and are entering into a legally binding contract with TikTok comprised of the Terms, that you are 13 years old or over and that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Community Guidelines and our Virtual Items Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store. Those additional guidelines and policies are incorporated into this legally binding contract between you and us by reference. Please also review our Privacy Policy as this governs how we use your personal information. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. While we will always have a copy of our current Terms available on the Platform (including the “Last Updated” date), you should print off or save a local copy of the Terms for your records. 4. Changes to the Terms and Services We are constantly innovating, changing and improving the Services. We may also amend these Terms from time to time, for instance when we update the functionality of the Services, or when there are regulatory changes that impact these Terms or the Services. We will provide reasonable advance notice such as through a notice on our Platform of any material modifications to these Terms or our Services that will materially disadvantage you or materially limit the access or usage of our Services. However, you should also look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, to reflect the effective date of the most recently updated version of the Terms. As we do not permit the use of the Services by persons who do not agree to comply with our Terms, your continued access or use of the Services after the date of the new Terms constitutes your acceptance of such new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services and close your account (if applicable). For modifications to the Terms or to the Services that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable. 5. Your Account with Us To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. The Terms are also accessible to you on the Platform at all times. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: https://www.tiktok.com/legal/report/feedback. 6. Termination We reserve the right to temporarily or permanently suspend or terminate your user account or impose limits on or restrict your access to parts or all of the Services with or without notice at any time for any or no reason including: if we reasonably believe you violate, or we have objective grounds to reasonably believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines (such as our Community Guidelines), or any applicable laws or regulations; if activities occur on your account which, in our sole discretion, would or might cause damage to or impair us or our Services or infringe or violate any third party rights (including intellectual property rights); in response to requests by law enforcement or other government agencies under valid legal process; due to unexpected technical or security issues or problems; or if there are extended periods of inactivity in your account. If we permanently suspend or terminate your user account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us or our Services, or violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights. Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your username, password, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should make backups of any content you value. If you no longer want to use our Services, you can request the deletion of your account through the functionalities provided on the Platform. You can also contact us at: https://www.tiktok.com/legal/report/feedback. We will provide you with further assistance and guide you through the process of the deletion of your account. Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. 7. Your use of the Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not 13 years old or older, or if you are otherwise unable to agree to these Terms; make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof unless any such activities are expressly authorised by us in advance; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Platform to advertise or perform any commercial solicitation unless such activities are expressly authorised by us in advance; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt the Platform, our Website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Platform or any portion thereof into any other program or product and, in such case, we reserve the right to refuse service, terminate accounts or limit access to the Services at our sole discretion; use any automated system or software, whether operated by a third party or otherwise, to extract any data from the Service for commercial purposes (“screen scraping”); impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from TikTok, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest for you or us or that undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews; use the Services to either intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available: any material which does or may infringe applicable laws or which infringes someone else’s rights; any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation; any material which does or may infringe any copyright, trade mark or other intellectual property of any other person; any material which infringes privacy or personality rights of any other person or deceased person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; any material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose TikTok, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to content if in our sole opinion the content violates or potentially violates these Terms or our Community Guidelines, third party rights (including intellectual property rights), applicable laws or regulations or is otherwise harmful to the Services, our users or third-parties. 8. Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to infringe intellectual property rights of any person while using the Services. For example, you agree not to upload any content that is the property of someone else to the Services. 9. Content TikTok Content As between you and TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, the Platform and the App, and all intellectual property rights related thereto (the “TikTok Content”), are either owned or licensed by TikTok, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use by you of the TikTok Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. We and our licensors reserve absolutely and unconditionally all rights arising out of or in connection with the Services and the TikTok Content not expressly granted in and to such content and materials. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and gifts and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (including, without limitation, YouTube, Facebook, Instagram, Twitter or any other social media platform) to the extent that such User Content has been in any way edited or otherwise altered through the Services (including through the use of TikTok Elements (as defined below)). Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the TikTok Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. TikTok reserves absolutely and unconditionally all rights not expressly granted herein in the Services and the TikTok Content. You acknowledge and agree that upon any termination of your account or these Terms, this license granted to you in respect of the Services will automatically terminate. NO RIGHTS ARE LICENSED TO YOU UNDER THESE TERMS WITH RESPECT TO SOUND RECORDINGS (AND THE MUSICAL WORKS EMBODIED THEREIN) THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES. You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Services. We make no representations, warranties or guarantees, whether express or implied, that any TikTok Content (including User Content) is accurate, complete or up to date. Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content). User-Generated Content Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and ambient noise) uploaded to, or otherwise made available through, the Services (“User Content”). You acknowledge and agree that users of the Services may also extract all or any portion of User Content uploaded or otherwise made available by you through the Services so as to produce additional User Content, including collaborative User Content with other users that combine and intersperse with User Content generated by you and other users. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the Virtual Items Policy) and other elements provided bv TikTok (“TikTok Elements”) onto User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes TikTok Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube or Twitter), or to make contact with other users of the Services, you must comply with the standards set out at Section 7 above. You may also choose to upload or transmit your User Content, including User Content that includes TikTok Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out in this Section 9 above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary to any other person. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such User Content to the Services, to transmit it from the Services to other third party platforms, and/or to otherwise make any use of such User Content on or through the Services. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not upload or otherwise make available such sound recordings through the Services unless you have all permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit it to the Services . Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content sent to us, but by submitting User Content via the Services, you hereby grant (i) to us and our affiliates, agents, services providers, partners and other connected third parties an unconditional irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented; (ii) to other users of the Services an unconditional irrevocable, non-exclusive, royalty-free, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, download, publish and/or transmit, and/or distribute some or all of your User Content in any format and on any platform, either now known or hereinafter invented for the purpose of generating other User Content or viewing your User Content for entertainment or other private, non-commercial purposes. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to you or any third party, including, but not limited to, a sound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a music publisher), a performing rights organisation (e.g. ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g. SoundExchange), any unions or guilds, and engineers, producers or other royalty participants that may be involved (either knowingly or otherwise) in the creation of User Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations and any other terms of that PRO applicable to you. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g. wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label. Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party arising out of or in connection with such availability of your User Content through such third party services. Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights. You acknowledge and agree that in certain circumstances, we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out at Section 7 (Your Use of Our Services) above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To change the default access setting for how your User Content is made available to other users, you should access the privacy setting available within the Services and follow the simple and clearly delineated steps set out therein. We accept no liability in respect of any content or information submitted by users of the Services and published by us, or on our behalf, on any of the Services or elsewhere by third parties. If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that the status of such Feedback is clearly understood by you and us. Accordingly, by sending Feedback to us, you agree that: we have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and you irrevocably grant us an unconditional, non-exclusive, royalty free, fully transferable (including sub-licensable), perpetual worldwide and unlimited license to adapt, reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 10. Indemnity You agree to defend, indemnify, and hold harmless TikTok, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, damages, losses and expenses (including, but not limited to, attorneys’ fees and expenses) arising out of or in connection with any breach by you (or any user of your account for any of the Services) of these Terms, including but not limited to a breach of your obligations, representation and warranties. 11. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU: (I) CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE; AND (II) ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE OR FREE FROM ERROR; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. 12. LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OR RECEIPT OF THE SERVICES FOR : (I) ANY LOSS OF PROFIT (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA; (V) ANY LOSS OF BUSINESS; (VI) ANY BUSINESS INTERRUPTION; (VII) ANY LOSS OF BUSINESS REPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSSES OF WHATEVER NATURE. SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE LIABILITY WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE HIGHER OF: (I) THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM AGAINST TIKTOK; OR (II) € 100.00. YOU ACKNOWLEDGE AND AGREE THAT SUBJECT TO THE FIRST PARAGRAPH OF THIS SECTION 12, WE SHALL NOT BE LIABLE WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER ANY STATUTE OR OTHERWISE FOR ANY LIABILITY, LOSS, EXPENSE (INCLUDING LEGAL FEES), COST CLAIM OR DAMAGES WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES UNLESS WE HAVE GRANTED EXPRESS WRITTEN CONSENT. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE (IN WHICH CASE YOU WILL BE RESPONSIBLE FOR COMPLYING WITH OUR DIRECTIONS IN RELATION TO THE DELIVERY OF THE DEVICE TO US OR OUR SERVICE PROVIDERS) OR PAY YOU REASONABLE COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. 13. Other Terms Governing Law and Jurisdiction. Residents of the EEA and Switzerland. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter, are governed by the laws of Ireland subject only to any applicable mandatory law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. You and TikTok agree that the Irish courts shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation subject only to any applicable mandatory law in the country in which you reside or choice of jurisdiction provisions that cannot be varied by contract. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform. Residents of the United Kingdom. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter, are governed by the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply. You and TikTok agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform. Open Source. The Apps contain certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found in our Open Source Policy. Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and TikTok and replace any prior applicable Terms and Conditions that governed the service prior to the Last Updated date specified above. No Waiver. Our failure to insist upon or enforce any provision of these Terms (or to exercise any other right or remedy under these Terms) shall not be construed as a waiver of any provision or right under these Terms nor shall it prevent or restrict the further exercise of that or any other right or remedy. Security. You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, illegal or unenforceable then that provision shall be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable. Questions? Contact us at: https://www.tiktok.com/legal/report/feedback. Consequences of termination. In the event of the termination of the legally binding agreement between you and us, the following provisions of the Terms shall survive termination: Our right to use and disclose Feedback as described in Section 9 Other users’ rights to further re-share User Content and any other information you shared through the Services to the extent you did so prior to termination Any amounts owed by you to TikTok Sections 10, 11, 12 and 13. Supplemental Terms – App Stores To the extent permitted by applicable law, the following supplemental terms shall apply: Notice regarding Apple. By accessing the Platform through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that: These Terms are between TikTok and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. TikTok expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple. Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that: You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and Amazon does not have any responsibility or liability related to compliance or non-compliance by TikTok or you (or any other user) under these Terms or the Amazon Appstore EULA Terms. Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by TikTok or you (or any other user) under these Terms or the Google Play Terms. Additional languages (please also see the language settings for other available languages) Bulgarian: Условия за ползване Croatian: Uvjeti pružanja usluge Danish: Brugsvilkår Estonian: Teenuse tingimused Latvian: Pakalpojumu sniegšanas noteikumi Lithuanian: Paslaugų teikimo sąlygos Norwegian: Tjenestevilkår Terms of Service (If you are a user having your usual residence in India) Last updated: February 2020 General Terms 1. Your Relationship with Us Welcome to TikTok (the “Platform”), which is provided by Bytedance (India) Technology Private Limited. TikTok is our brand for providing and promoting the services. When using these services from India, please accordingly read “TikTok”, “we” or “us”. You are reading these terms of service (the “Terms”), which is an electronic contract recognised under the provisions of the Information Technology Act of 2000 read along with its Rules, and thereby governs the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. The Terms form a legally binding agreement between you and us, and hence, please take the time to read them carefully. By using our services, you state that: (a) you are legally capable of forming a binding contract; (b) you are not a convicted sex offender; (c) your account has not been previously disabled for breach of our Terms or Policies or Standards; and (d) you will comply with these Terms and all applicable domestic and international laws and regulations. 2. Accepting the Terms By accessing or using our Services, you confirm that you can form a binding contract with TikTok, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do not agree to these Terms, you must not access or use our Services. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. You should print or save a local copy of the Terms for your records. 3. Changes to the Terms We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services. 4. Your Account with Us To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: https://www.tiktok.com/legal/report/feedback. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes. We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. We take the protection of your privacy very seriously, and hence we accord all information related to your account with the high standards of data protection and security measures as mandated under the Information Technology Act 2000 and the rules thereunder. Our current Privacy Policy is available here. If you no longer want to use our Services again, and would like your account deleted, contact us at: https://www.tiktok.com/legal/report/feedback. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. 5. Your Access to and Use of Our Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms; carry out any activity during the access or use of our Services which is unlawful, misleading, discriminatory or fraudulent in any way. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from TikTok, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose TikTok, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. 6. Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. Further, all legal right, title, interest and intellectual property in the platform and the Services, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with TikTok, and nothing in these terms gives you the right to use any of TikTok’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner whatsoever without our express and prior written consent. 7. Content A. TikTok Content As between you and TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “TikTok Content”), are either owned or licensed by TikTok, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the TikTok Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined in the Virtual Items Policy), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization). Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the TikTok Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. TikTok reserves all rights not expressly granted herein in the Services and the TikTok Content. You acknowledge and agree that TikTok may terminate this license at any time for any reason or no reason. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. We make no representations, warranties or guarantees, whether express or implied, that any TikTok Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content). B. User-Generated Content Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “ Virtual Items Policy“) and other elements provided by TikTok (“TikTok Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes TikTok Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes TikTok Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User-Generated Content or endorse any opinions expressed thereof. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mis-labeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label. Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services. Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. If you wish to file a complaint about information or materials uploaded by other users, contact us at: https://www.tiktok.com/legal/report/feedback. TikTok takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is TikTok’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that: i. TikTok has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 8. Indemnity You agree to defend, indemnify, and hold harmless TikTok, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. 9. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE 10. LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: ∙ (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE LAST 12 MONTHS. ∙ ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; ANY ACTION OR CONDUCT OF ANOTHER USER; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 11. Other Terms a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their formation, are governed by the laws of India. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration as per the provisions of The Arbitration and Conciliation Act, 1996, and any amended to it from time to time. The venue of such arbitration shall be Delhi. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. b. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy. c. Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and TikTok and govern your use of the Services and completely replace any prior agreements between you and TikTok in relation to the Services. d. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice. e. Age Limit. The Services are only for people 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account. f. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. g. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. h. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable. Grievance Officer for India A compliant or other issue faced by a user of our product may be submitted through email at the below address. The complaint should provide: (i) username of the relevant account holder (ii) specific content/video that is of concern and (iii) reason(s) for such a takedown request. In accordance with Information Technology Act 2000 and rules made there under, the contact detail of the Grievance Officer is provided below: Mr Anuj Bhatia Email: grievance.officer@tiktok.com Alternatively, you can also report content by using the report content feature within the app on any offending content. Supplemental Terms – Jurisdiction-Specific India. If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. Accepting the Terms. By agreeing to these Terms and by accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms and our Privacy Policy and Community Guidelines. Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that: is obscene, pornographic, paedophilic; is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever; harms minors in any way; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of TikTok and all of its group companies, affiliates and successors in title and interest, whether existing or in future. Indemnity. In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us. Terms of Service (If you are not in the US, EEA, the United Kindom, Switzerland or India) Last updated: February 2021 General Terms – All Users 1. Your Relationship With Us Welcome to TikTok (the “Platform”), which is provided by TikTok Pte. Ltd. or one of its affiliates (“TikTok”, “we” or “us”). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. 2. Accepting the Terms By accessing or using our Services, you confirm that you can form a binding contract with TikTok, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do not agree to these Terms, you must not access or use our Services. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. You should print off or save a local copy of the Terms for your records. 3. Changes to the Terms We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services. 4. Your Account with Us To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: https://www.tiktok.com/legal/report/feedback. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. If you no longer want to use our Services again, and would like your account deleted, contact us at: https://www.tiktok.com/legal/report/feedback. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. 5. Your Access to and Use of Our Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from TikTok, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of TikTok, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose TikTok, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. 6. Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. 7. Content A. TikTok Content As between you and TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “TikTok Content”), are either owned or licensed by TikTok, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the TikTok Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (as defined and further explained in the “Virtual Items Policy”), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization). Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the TikTok Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. TikTok reserves all rights not expressly granted herein in the Services and the TikTok Content. You acknowledge and agree that TikTok may terminate this license at any time for any reason or no reason. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. We make no representations, warranties or guarantees, whether express or implied, that any TikTok Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content). B. User-Generated Content Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Virtual Items Policy“) and other elements provided by TikTok (“TikTok Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes TikTok Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes TikTok Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label. Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services. Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report. TikTok takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is TikTok’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that: i. TikTok has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 8. Indemnity You agree to defend, indemnify, and hold harmless TikTok, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. 9. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE 10. LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE LAST 12 MONTHS. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 11. Other Terms a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. b. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy. c. Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and TikTok and govern your use of the Services and completely replace any prior agreements between you and TikTok in relation to the Services. d. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice. e. Age Limit. The Services are only for people 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account. f. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. g. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. h. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable. i. Questions? Contact us at: https://www.tiktok.com/legal/report/feedback. Supplemental Terms – App Stores To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices: Notice regarding Apple. These Terms between TikTok and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. TikTok expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple. Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that: You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and Amazon does not have any responsibility or liability related to compliance or non-compliance by TikTok or you (or any other user) under these Terms or the Amazon Appstore EULA Terms. Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by TikTok or you (or any other user) under these Terms or the Google Play Terms.

Privacy Policy Other regions Last updated: June 2, 2021 We have updated our Privacy Policy. Among other clarifying changes, we have added more details about the information we collect and how it's used, including clarifications related to, for example, collection of user content information, use of data for verification, and data sharing with third party services. Welcome to TikTok (the “Platform”). The Platform is provided and controlled by TikTok Pte. Ltd., with its registered address at 1 Raffles Quay, #26-10, South Tower, Singapore 048583 (“TikTok”, “we” or “us”). We are committed to protecting and respecting your privacy. This policy explains our practices concerning the personal data we collect from you, or that you provide to us. If you do not agree with this policy, you should not use the Platform. If you have any questions about how we use your personal data, contact us at: https://www.tiktok.com/legal/report/privacy. SUMMARY What information do we collect about you? We collect and process information you give us when you create an account and upload content to the Platform. This includes technical and behavioural information about your use of the Platform. We also collect information about you if you download the app and interact with the Platform without creating an account. How will we use the information about you? We use your information to provide the Platform to you and to improve and administer it. We use your information to, among other things, show you suggestions in the ‘For You’ feed, improve and develop the Platform and ensure your safety. Where appropriate, we will also use your personal information to serve you targeted advertising and promote the Platform. Who do we share your information with? We share your data with third party service providers who help us to deliver the Platform, such as cloud storage providers. We also share your information with business partners, other companies in the same group as TikTok, content moderation services, measurement providers, advertisers, and analytics providers. Where and when required by law, we will share your information with law enforcement agencies or regulators, and with third parties pursuant to a legally binding court order. How long do we keep hold of your information? We retain your information for as long as it is necessary to provide you with the service. Where we do not need your information in order to provide the service to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your data if we believe it is or will be necessary for the establishment, exercise or defence of legal claims. How will we notify you of any changes to this Privacy Policy? We will generally notify all users of any material changes to this policy through a notice on our Platform. However, you should look at this policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. By accessing or using the Platform, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it. The types of personal data we use We collect and use the following information about you: Your Profile Information. You give us information when you register on the Platform, including your username, password, date of birth (where applicable), email address and/or telephone number, information you disclose in your user profile, and your photograph or profile video. User Content and Behavioural Information. We process the content you generate and view on the Platform, including preferences you set (such as choice of language) photographs, audios and videos you upload or create, comments and livestreams you make (“User Content”). We collect User Content through pre-loading at the time of creation, import, or upload, regardless of whether you choose to save or upload that User Content, in order to recommend audio options and provide other personalized recommendations.If you apply an effect to your User Content, we may collect a version of your User Content that does not include the effect. We may collect information about the images and audio that are a part of your User Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your User Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. We may access content, including text, images, and video, found in your device’s clipboard, with your permission. For example, if you choose to initiate content sharing with a third- party platform, or choose to paste content from the clipboard into the TikTok App, we access this information stored in your clipboard in order to fulfill your request. We collect information through surveys, challenges and competitions in which you participate. We also collect information regarding your use of the Platform, e.g., how you engage with the Platform, including how you interact with content we show to you, the ads you view, videos you watch and problems encountered, the content you like, the content you save to ‘My Favourites’, the users you follow and how you engage with mutual followers. We also infer your preferences, including your interests, gender and age for the purpose of personalising content. We process information about your followers, the likes you receive and responses to content you upload, for the purposes of promoting your content to other users and exploring whether your profile presents further opportunities for collaboration. Where appropriate, we will also use this information for the purpose of serving personalised advertising and to tell you about new services and opportunities. Information from Third Parties. You may choose to share certain data with us from third parties or through your use of the Platform, we may collect such third party data automatically. We have set out further detail on the information we receive from third parties below: Business Partners If you choose to register or use the Platform using a third-party social network account details (e.g., Facebook, Twitter, Instagram, Google) or login service, you will provide us or allow to provide us with your username, public profile, and other possible information related to such account. We will likewise share certain information with your social network such as your app ID, access token and the referring URL. For further information on sharing your Facebook contact list with us, please see Find other users and invite your friends. If you link your TikTok account to another service, we may receive information about your use of that service. Advertisers, Advertising Networks, and Analytic Providers We use the information collected from you, and your interaction with the Platform and other third-party sites and Apps, to infer your likely interests to provide you with more relevant advertising. This information tells us about websites you've visited, apps you've downloaded and purchases you have made so that we can predict what else might interest you in the future and assess how effective the advertising on our Platform is. We collect this information by the use of Cookies and similar technologies on our Platform and from similar information received from third parties who advertise on our Platform and whose sites/Apps you visit. Technical Information we collect about you. We collect certain information about the device you use to access the Platform, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform. Location. We collect information about your approximate location, including location information based on your SIM card and/or IP address. With your permission, we may also collect precise location data (such as GPS). Find other users and invite your friends. You can choose whether to find other users of the Platform using our 'Find Friends' function. This functionality allows you to see which of your friends from either your telephone's contact list or Facebook friends list is using the Platform and offers you the option to follow them. You can also use this function to invite your contacts to join you on the Platform. We will use the contact information you have for that person, either from within your telephone's contact list or Facebook friends list and give you the option to send them either an SMS, email or third party message (such as Whatsapp, Facebook (including Facebook Messenger) or Twitter) inviting them to view your TikTok profile. In-App purchases. If you reside in certain jurisdictions that offer in-app coin purchases, please note the provisions of our Virtual Items Policy. Your purchase will be made via your Apple iTunes or Google Play account. We do not collect any financial or billing information from you in relation to such a transaction. Please review the relevant app store's terms and notices in respect of the handling of such data. So that we can credit your account with the correct value in coins, we keep a record of the purchases you make, the time at which you make those purchases and the amount spent. In addition to in-app coin purchases, if you choose to make other payment related transactions the Platform may collect payment information, including payment card numbers or other third-party payment information (such as PayPal) where required for the purpose of payment. Proof of your identity or age. We sometimes ask you to provide proof of identity or age in order to use certain features, such as livestream or verified accounts, or when you apply for a Pro Account, ensure that you are old enough to use the Platform, or in other instances where verification may be required Cookies We and our vendors and service providers use cookies and other similar technologies (e.g., web beacons, flash cookies, etc.) (“Cookies”) to automatically collect information, measure and analyze which web pages you click on and how you use the Platform, enhance your experience using the Platform, improve our services, and provide you with targeted advertising on the Platform and elsewhere across your devices. Cookies enable the Platform to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. By using the Platform, you consent to our use of Cookies. Additionally, we allow our business partners, advertising networks, and other advertising vendors and service providers (including analytics vendors and service providers) to collect information about your online activities through Cookies. We link your contact or subscriber information with your activity on our Platform across your devices, using your email or other log-in or device information. These third parties may use this information to display advertisements on our Platform and elsewhere online tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy. You may be able to refuse or disable Cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. For example, due to differences in how browsers and mobile apps function, you may need to take different steps to opt out of Cookies used for targeted advertising in a browser and to opt out of targeted advertising for a mobile application, which you may control through your device settings or mobile app permissions. In addition, your opt-out selection is specific to the particular browser or device that you are using when you opt out, so you may need to opt-out separately for each of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you. How we use your personal data We will use the information we collect about you in the following ways: notify you about changes to our service; provide you with user support; personalise the content you receive and provide you with tailored content that will be of interest to you; enable you to share User Content and interact with other users; enable our messenger service to function if you choose to use this function; enable you to participate in the virtual items program; communicate with you; to help us detect and combat abuse, harmful activity, fraud, spam, and illegal activity on the Platform; ensure your safety and security including reviewing user content, messages and associated metadata for breach of our Community Guidelines and other inappropriate content; ensure content is presented in the most effective manner for you and your device; improve, promote and develop the Platform and promote popular topics, hashtags and campaigns on the Platform; carry out data analysis and test the Platform to ensure its stability and security; allow you to participate in interactive features of the Platform; to enable you to socialise on the Platform, for example, by allowing other users to identify you via the "Find other friends" function or through their phone contacts; to ensure that you are old enough to use our Platform (as required by law). provide you with personalised advertising; provide you with location-based services (where those services are available in your jurisdiction); To inform our algorithms enforce our terms, conditions and policies; administer the Platform including troubleshooting; and to facilitate sales, promotion, and purchase of goods and services and to provide user support How we share your personal data We share your data with the following selected third parties: Business Partners If you choose to register to use the Platform using your social network account details (e.g., Facebook, Twitter, Instagram, Google), you will provide us or allow your social network to provide us with your phone number, email address, username and public profile. We will likewise share certain information with the relevant social network such as your app ID, access token and the referring URL. If you choose to allow a third-party service to access your account, we will share certain information about you with the third party. Depending on the permissions you grant, the third party may be able to obtain your account information and other information you choose to provide. Where you opt to share content on social media platforms, the video, username and accompanying text will be shared on that platform or, in the case of sharing via instant messaging platforms such as Whatsapp, a link to the content will be shared. Payment Providers If you choose to Buy Coins or conduct other payment related transactions, we will share data with the relevant payment provider to facilitate this transaction. For Coin transactions, we share a transaction ID to enable us to identify you and credit your account with the correct value in coins once you have made the payment. Service Providers We provide information and content to service providers who support our business, such as cloud service providers and providers of content moderation services to ensure that the Platform is a safe and enjoyable place and service providers that assist us in marketing the Platform. Analytics providers We use analytics providers to help us in the optimisation and improvement of the Platform. Our third-party analytics providers also help us serve targeted adverts Advertisers and Advertising Networks We share information with advertisers and third-party measurement companies to show how many and which users of the Platform have viewed or clicked on an advertisement. We share your device ID with measurement companies so that we can link your activity on the Platform with your activity on other websites; we then use this information to show you adverts which may be of interest to you. Our Corporate Group We may also share your information with other members, subsidiaries, or affiliates of our corporate group, to provide the Platform including improving and optimising the Platform, preventing illegal use and supporting users. Law Enforcement We will share your information with law enforcement agencies, public authorities or other organisations if legally required to do so, or if such use is reasonably necessary to: comply with legal obligation, process or request; enforce our Terms of Service and other agreements, policies, and standards, including investigation of any potential violation thereof; detect, prevent or otherwise address security, fraud or technical issues; or protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction). Public Profiles Please note that if your profile is public, your content will be visible to anyone on the Platform and may also be accessed or shared by your friends and followers as well as third parties such as search engines, content aggregators and news sites. You can change who can see a video each time you upload a video. Alternatively, you can change your profile to default private by changing your settings to 'Private Account' in “Manage my account” settings. Sale or Merger We will also disclose your information to third parties: in the event that we sell or buy any business or assets (whether a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets; or if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets. Where we store your personal data The personal data we collect from you may be stored on a server located in Singapore or the United States, outside of the country where you live. We maintain major servers around the world to bring you our services globally and continuously. Your Choices You can access and edit most of your profile information by signing into TikTok. You can delete the User Content you uploaded. We also provide a number of tools in Settings that allow you to control, among others, who can view your videos, send you messages, or post comments to your videos. Should you choose to do so, you may delete your entire account in Settings. You may also be afforded rights in your country under applicable laws such as the ability to access your data, delete your data, and potentially others. If you have any questions on how to use those tools, or want to know about any rights you may have in the country where you live and want to exercise them, please contact us at: https://www.tiktok.com/legal/report/privacy. The security of your personal data We take steps to ensure that your information is treated securely and in accordance with this policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will protect your personal data, for example, by encryption, we cannot guarantee the security of your information transmitted via the Platform; any transmission is at your own risk. We have appropriate technical and organizational measures to ensure a level of security appropriate to the risk of varying likelihood and severity for the rights and freedoms of you and other users. We maintain these technical and organizational measures and will amend them from time to time to improve the overall security of our systems. We will, from time to time, include links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites. How long we keep your personal data We retain your information for as long as it is necessary to provide you with the service. Where we do not need your information in order to provide the service to you, we retain it only for so long as we have a legitimate business purpose in keeping such data. However, there are occasions where we are likely to keep this data for longer in accordance with our legal obligations or where it is necessary for the establishment, exercise or defence of legal claims. After you have terminated your use of our Platform, we store your information in an aggregated and anonymised format. Information relating to children TikTok is not directed at children under the age of 13. In certain cases this age may be higher due to local regulatory requirements, please see your local privacy policy for more information. If you believe that we have personal data about or collected from a child under the relevant age, contact us at: https://www.tiktok.com/legal/report/privacy. Complaints In the event that you wish to make a complaint about how we process your personal data, contact us immediately at: https://www.tiktok.com/legal/report/privacy. We will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority. Changes We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will notify you by updating the “Last Updated” date at the top of this policy and posting the new Privacy Policy and providing any other notice required by applicable law. Your continued access to or use of the Platform after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Platform.

Hospital WiFi terms and conditions These terms outline the conditions of use when accessing the internet using our patient WiFi at St John of God Health Care hospitals. St John of God Health Care is pleased to provide you with internet access during your stay in our hospital on the understanding that you do not: download unauthorised software, download data that breaches copyright legislation, create or send information that could harm the reputation of St John of God Health Care, transmit or access inappropriate or offensive material. We provide no undertaking of privacy towards persons using this system and reserve the right to monitor both internet usage and content of web pages accessed through our system. In the event of misuse or unlawful use, we reserve the right to revoke access and may report such activity to the appropriate law enforcement agency. Ask to speak to a caregiver if you have any issues with the Wifi service. Symptomate Privacy Policy Who we are Welcome to the website of Infermedica Sp. z o.o. with its registered office in Wrocław, Plac Solny 14/3, 50-062 Wrocław, Poland ("Infermedica", “we”, “us”, “our”). Infermedica is a Polish company entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under KRS number: 0000429183, with tax identification number (NIP): 8971782877, and registered business number (REGON): 021889810. Infermedica owns the website under the domain www.symptomate.com (the “Website”). Through the Website, as well as through a mobile application available in certain application markets for different mobile devices (the “App”), we provide services (the “Service”) described explicitly and comprehensively in the “Symptomate.com” Terms of Service available at https://symptomate.com/terms-of-service or in mobile apps. Infermedica acts as the controller of any personal data collected and processed in connection with use of the Website and the App. All our activities connected with the Website or the App comply with the applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR). The main goal of this privacy policy is to inform you how and for what purpose we process personal data in connection with your visit to, and use of the Website and the App. Why we collect and process data We collect and process your data to ensure and improve the functioning of the Website and the App. We collect and process your personal data, i.e. information that identifies, or at least makes it possible to identify, you as a natural person when you voluntarily decide to actively communicate with us or decide to leave us your feedback regarding our Service. What is more, we collect and process certain technical data generated due to you visiting the Website or using the App, which may also be considered personal data. ‘Processing’ means any operation which is performed on personal data, such as collection, recording, organization, structuring, storage, adaptation, retrieval, any kind of disclosure, erasure or destruction, or other use. In a situation when you are using the Website and the App on your own behalf, but in aid of a third party, remember to obtain appropriate authorization prior to providing this data. What data we collect and process We collect several different types of information for various purposes connected with providing and improving our Service. The types of information that we collect and process depend on the types of services we provide via the Website and the App. We collect and process your personal data: when you contact us, when you decide to leave us your feedback, when you browse the Website or use the App. Het verstrekken van uw persoonlijke gegevens is vrijwillig, maar zonder deze gegevens kunnen wij niet realiseren wat u van ons verwacht, zo kunnen wij bijvoorbeeld geen contact met u opnemen. Contact: When you ask us to contact you, we will collect and process the following personal data: e-mail address, name and surname, if you provided them voluntarily. Where your personal data are collected and processed for contact purposes, the legal basis is in particular: the purpose of contacting you – the basis is your voluntary consent (legal basis under Article 6(1)(a) of the GDPR); the purpose of establishing, asserting, or defending ourselves against claims related to contact matters or the processing of your personal data – since the processing is necessary for us to pursue a legitimate interest (Article 6(1)(f) of the GDPR), namely being able to establish, assert or defend ourselves against claims. Feedback: If you decide to provide us with feedback on the quality of our Services, we may process only the data that you decide to provide us with. However, provision of personal data that enables identifying you is not required for providing feedback. You can provide us with your contact data in order to enable us to respond to your feedback. In this case, your personal data are collected and processed for feedback purposes and the legal basis is in particular: your voluntary consent (legal basis under Article 6(1)(a) of the GDPR); the purpose of establishing, asserting, or defending ourselves against claims related to contact matters or the processing of your personal data – since the processing is necessary for us to pursue a legitimate interest (Article 6(1)(f) of the GDPR), namely being able to establish, assert or defend ourselves against claims. Security: When you browse our Website and use the Services, we collect and process your IP address - which may be considered a piece of personal data - for security purposes only. We do not process your IP address in order to identify you as a natural person, but only to increase the level of security of the Website and the App in order to be able to react - for example - to the activity of automatic mechanisms. In such a case, your personal data is collected and processed for the purposes related to ensuring security of functioning of the Website and the App, and the legal grounds for processing are as follows: in order to ensure provision of our Services, to ensure security of their provision, and to improve the functioning of the Website and the App, as well as to balance the load between the Website and the App - the legal grounds is our legitimate interest (legal grounds under Article 6(1)(f) of GDPR). Marketing: Additionally, we take advantage of marketing services in order to analyse your behavior for the purposes of optimizing the functioning of the Website and the App, as well as for the purposes of optimizing our advertising activities. In particular, we take advantage of technologies such as Facebook Pixel, Google Analytics, FullStory, and Amplitude. In such a case the data is collected and processed for marketing purposes, and the legal grounds for processing are as follows: for the purposes of analyzing your behavior in order to optimize the Website and the App, and for the purposes of our marketing activities - the legal grounds is our legitimate interest (legal grounds under Article 6(1)(f) of GDPR). Medical history: When you are using Services through the Website and the App, we collect certain information regarding health condition, as well as other information that may be helpful for correct provision of Services, e.g. regarding sex, age, individual risk factor, region of residence, or everyday behavior. Such information regarding health is not combined with information that makes it possible for us to identify the person regarded by the medical history. Such information is combined with a unique identifier in order to obtain insight into statistical data allowing us to improve our Services. In view of the fact that we may potentially combine the IP address with the medical history for a period of 30 days, this data may be of personal nature during that period. In such a case, data is collected and processed for the purposes related to provision of the medical history service, and the legal grounds for processing are as follows: Your voluntary consent and intent to take advantage of the solutions provided (legal grounds under Article 9(2)(a) of GDPR); Health information When you use our Service through our Website or our Apps, we collect certain health-related information about you, as well as other information which may be helpful for us to correctly provide you with our Service, such as your gender, age, individual risk factors, the region in which you live, or your daily habits. Such health information is not connected to any of your personal information and is fully anonymous. We link this information with the anonymized unique identifier to gain insights into statistical data that help us improve our Service. We may use your information solely to enhance and improve your experience of our Service. How long we process your data We will retain and use your personal data only for as long as we need them to fulfil the purpose for which we have collected and processed them or as long as required and/or possible due to retention requirements specified in the provisions of law. When it comes to requests for contact, we will process your data: to contact you - until the purpose of contact is achieved or until consent is withdrawn, in any case for no more than three years from the last action performed; to establish, assert or defend ourselves against claims – until such claims become time-barred. When you leave feedback on our Services together with your contact data, we will process such data: until consent is withdrawn, in any case for no more than three years from the last action performed; to establish, assert or defend ourselves against claims – until such claims become time-barred. When it comes to security matters, we will process your data: to provide our Services and to ensure their security, to improve the functioning of the Website and the App, and to balance the load between the Website and the App - for not longer than 30 days after the date of its collection. When it comes to online marketing matters, we will process your data: to analyze your behavior in order to optimize the functioning of the Website and the App, and for marketing purposes - for as long as the services are provided, until an objection is submitted or until a change is made to the settings of your browser or in your Facebook or Google profile. When it comes to the medical history purposes, we will process your data: for not longer than 30 days after the date of its collection - after that period the data is anonymized in relation to removal of data necessary for security purposes. What we can do with your data We work with some third parties and they may have access to some of the information about you that we collect and process. The recipients of your personal data may include: entities authorized by law on the basis of a proper request (courts, state authorities); entities providing accounting, IT, marketing, communication, analytical and legal services, including HubSpot, Google, Facebook, FullStory, Amplitude; subcontractors with whom we cooperate. Your information, including personal data, may also be transferred to — and maintained on — computers located outside of the European Economic Area, where the data protection laws may differ from the GDPR. If we provide the personal data beyond the European Economic Area, and in particular to any third countries, such provision will take place on the basis of appropriate legal mechanisms, such as Executive Decisions of the Commission (EU), standard contractual clauses applicable, or other similar legal instruments specified in the content of GDPR. To ensure that you have adequate control over your personal data transferred outside the European Economic Area, you will have the right to obtain a copy of your personal data transferred to third countries at any time. Your rights concerning data You have the following rights under the GDPR: the right to request access to your data and to receive a copy of your data: whenever possible, you can access, update or request deletion of your personal data; the right to rectify (correct) your data: you have the right to have your information rectified if that information is inaccurate or incomplete; he right to erasure: you have a right to erasure regarding data that are no longer required for the original purposes or that are processed unlawfully; the right to data portability: you have the right to be provided with a copy of the information we have regarding you in a structured, machine-readable and commonly used format; the right to object: you have the right to object to our processing of your personal data – upon your justified objection we will cease any further processing under Article 6(1)(f) of the GDPR; the right to withdraw consent: you also have the right to withdraw your consent at any time where we relied on your voluntary consent to process your personal information; the right to lodge a complaint with the competent supervisory authority - about our collection and use of your personal data. In order to exercise your rights described above, you may send appropriate requests to the following e-mail address: support@infermedica.com, dpo@infermedica.com, send them to our correspondence address given above, or submit them in person at our registered office. Bear in mind that prior to responding to your request regarding exercising your rights we may ask you for a proof of your identity. If you want to withdraw your consent to data processing, you can also click on the hyperlink entitled "unsubscribe" in the content of the e-mail correspondence. Withdrawal of your consent to data processing has no impact on legality of data processing that had taken place under the consent granted prior to the effective withdrawal thereof. Security The security of your data is a very important issue for us. We strive to conscientiously and perpetually protect your personal data from loss, destruction, distortion/falsification, manipulation and unauthorized access or unauthorized disclosure through appropriate technical and organizational measures adopted at our company. However, please always keep in mind that no method of transmission over the Internet or method of electronic storage is 100% secure. Due to the inherent nature of the Internet, we cannot guarantee that during transmission over the Internet or while stored on our system or otherwise in our care, information will be safe from any intrusion by third parties, such as hackers. Cookies We use cookies to track your activity on our Website and in the App, and we hold certain information obtained from such tracking. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from our Website and the App and stored on your device. They are used to collect and track information and to improve and analyze our services rendered through our Website and the App. Detailed information can be found in our Cookies Policy. Social media plug-ins, online marketing services and services rendered by third parties Online marketing services: Based on legitimate interest, being the analysis, optimization and economic operation of our activities, as well as analysis of your behavior in order to optimize our Website and advertising, we use the following online marketing services: Facebook Pixel: On our Website, we use a marketing tool available through and provided by Facebook Inc., 1601 S. California Ave. Palo Alto, CA 94304, USA, which is the Facebook Pixel. The Facebook Pixel is a source code fragment added to our Website. This tool makes it possible to track your behavior and activity when you are redirected to our Website having seen or clicked on a Facebook ad. This process is designed to evaluate the effectiveness of Facebook and our advertisements for statistical and market research purposes, and may help to optimize future advertising efforts. Information gathered using this tool allows Facebook to provide you with personalized ads when using Facebook. When you visit our Website, the Facebook Pixel establishes a direct connection with Facebook servers. Facebook is therefore informed that you visited our Website and may assign this information to your Facebook account. The data collected using the Facebook Pixel tool are anonymous with respect to us and cannot be used to identify you. The data are however stored and processed by Facebook, and this means that they can be linked to the respective Facebook account, and Facebook can use the data for its own advertising purposes, according to the Facebook privacy policy and the Facebook user’s profile settings. Facebook has ultimate control of any data gathered through this tool. However, you can opt out of Facebook’s use of the Facebook Pixel by adjusting the settings available on your Facebook account. Detailed information on the Facebook Pixel and the way your data are collected and processed can be found here: https://www.facebook.com/policy.php Google Analytics: Our Website uses Google Analytics, a web analysis program of Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland). Google Analytics uses cookies that are stored on your terminal device as well as your IP address, with an active IP anonymization feature. On our behalf, Google uses such information to analyze your use of our Website and provides us with reports and other services. The IP address transmitted from your terminal device to Google Analytics will not be merged with any other data of Google. Google will transfer your data to third parties only if permitted by applicable law or in accordance with outsourced data processing agreements. You can prevent the collection and processing of information generated by the Google cookie by placing an opt-out cookie or deactivating Google Analytics in the menu of your terminal device. More information can be found here: https://policies.google.com/privacy Full Story: We use analytics software and services offered by FullStory, Inc. to collect information regarding your behavior on our Website. For more information about FullStory, please see the FullStory privacy policy available at https://www.fullstory.com/legal/privacy/. You can opt out of FullStory’s collection and processing of data generated by your use of our Website by going to https://www.fullstory.com/optout/. Amplitude: We use analytics software and services offered by Amplitude Inc. (631 Howard Street, Suite 300, San Francisco, CA 94105, USA). This tool collects technical information, such as the type of your device, the operating system used, or the name of your provider. In addition, Amplitude tracks events that occur during use of our Service. Additional information about the manner in which Amplitude processes data can be found at: https://amplitude.com/privacy. Firebase: We also use Firebase as a software development platform for building, improving, and developing our App. Firebase is a company owned by Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland). When you use our App, some of the services of Firebase process your personal data during provision of our services. In such a situation, Google acts as a data processing entity under GDPR and processes such personal data on our behalf. You can find more information regarding how Firebase processes data at the https://firebase.google.com/support/privacy website. Services rendered by third parties: Our Website uses a promotional video provided by YouTube LLC 901 Cherry Ave., 94066 San Bruno, CA, USA), a company owned by Google Ireland Ltd. (Gordon House, 4 Barrow Street, Dublin, Ireland). If you decide to launch the video, the website provided by YouTube will pop up. If you are logged onto your YouTube account, YouTube will be able to combine your behavior with the other data you provide to YouTube. YouTube videos provide a better understanding of our services. For more information on this subject, go to the Google privacy policy available here: https://policies.google.com/privacy Certain services offered to you through the Website contain links to websites hosted and operated by companies other than us, in particular social media providers and mobile apps as well as voice assistant technology providers. We do not share your personal information with these third parties, but you should be aware that any information you disclose to these third parties once you access their websites is not subject to this Privacy Policy. Amendments We may revise this privacy policy from time to time. The most recent version of the privacy policy will govern our use of your personal data and other information we process, and will be posted on the Website. By continuing to access or use the Website and the services we render through it, once those changes take effect, you agree to be bound by the revised privacy policy. If you do not agree, you must cease using our Website immediately. Contact You can reach us: via e-mail: support@infermedica.com, dpo@infermedica.com by writing to our registered office: Infermedica Sp. z o.o., Plac Solny 14/3, 50-062 Wrocław, Poland Data Protection Officer (DPO) Bearing in mind the security and transparency of the data processing procedures and the necessity of maintaining continuous supervision over them, we have appointed a Data Protection Officer (DPO). You can contact the DPO appointed using the dpo@infermedica.com e-mail address or using our postal address (please include the "Data Protection Officer" annotation). Symptomate Terms of Service General Provisions These Terms of Service specify: principles of operation of the website and the mobile application "Symptomate.com", rules on the provision of services by electronic means, the rights and obligations of the Service Provider and the Service Recipients. Whenever these Terms of Service refer to: Application, this means the software for portable devices, made available free of charge by the Service Provider referred to in sec. 2(l) below, enabling the use of the Services referred to in sec. 2(k) below, Articles, this means articles referring to medical and pharmaceutical topics, License, this means a non-exclusive, royalty-free license granted to Users referred to in sec. 2(m) below to use the Application or Website referred to in sec. 2(j) below, Terms of Service, this means these Terms of Service, GDPR, this means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, p. 1), Website, this means the "Symptomate.com" Internet website, which consists of the interactive computer software subject to license, other content posted by the Service Provider, including the Articles, and encyclopedic content; the Website is an independent website, but is linked to other websites operated by the Service Provider, Force Majeure, this means an extraordinary external event occurring after the conclusion of the Agreement referred to in sec. 2 (a) below, which is unforeseeable and cannot be prevented, and which makes it impossible in whole or in part to perform the obligations arising from the Agreement, including in particular: war, revolution, fire, flood, epidemic, transport limitation, general strike affecting important sectors of the economy, official decisions of state or local authorities, and transport disruption caused by terrorist attacks, Provision of a service by electronic means, this means provision of the Service referred to in sec. 2(k) below, provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the User referred to in sec. 2(m) below, transmitted and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network in the meaning of the Telecommunications Law of 16 July 2004. - (Journal of Laws No. 171, item 1800, as amended), Agreement, this means an agreement for provision of services by electronic means, concluded between the User referred to in sec. 2 (m) below and the Service Provider referred to in sec. 2 (l) below, Services, this means all activities provided electronically by the Service Provider referred to in sec. 2(l) below to the User referred to in sec. 2(m) below, within the Application and/or the Website, User, this means a natural person over 18 years of age, who has full legal capacity and uses the Services for purposes not related to his or her trade or profession (consumer), but the aim of receiving the Virtual Diagnosis for themselves or for the third party beneficiary, Service Provider, this means Infermedica spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, Plac Solny 14/3, 50-062 Wrocław, Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 0000429183, with tax identification number (NIP): 8971782877 and registered business number (REGON): 021889810. Current data of the Service Provider are available at https://infermedica.com, Virtual Diagnosis, this means information in the form of a report generated by a computer system, aimed at presenting potential threats and diseases potentially related to symptoms and predispositions communicated by the User during the Interview; A Virtual Diagnosis does not constitute or replace medical diagnosis or medical advice, Interview, this means a form of interaction between the computer system and the User, whereby information is obtained from the User about symptoms and predispositions of diseases of the User or of the third-party beneficiary, aimed at generating a Virtual Diagnosis; the Interview may be conducted through an interactive system available on the Website and Application, as well as through chat bots and voice assistants. The current version of these Terms of Service is available free of charge at https://symptomate.com By using the Application and/or Website, the User declares that they shall comply with the terms and conditions set forth in these Terms of Service. Acknowledgments and liability of the Service Provider The purpose of the Website and/or Application is to present to the User, for informational and educational purposes only, potential diseases and illnesses which might not be directly related to the symptoms and illnesses communicated by the User during the Interview, in order to present the Virtual Diagnosis. The Interview, the Virtual Diagnosis, and all the content published on the Website and/or Application are for informational and educational purposes only and may not under any circumstances be interpreted or treated as advice or a consultation or diagnosis of a medical doctor. The Interview, the Virtual Diagnosis, and all the content published on the Website and/or Application do not constitute a basis for self-diagnosis, individual treatment or a treatment of the third party based on information obtained through the Website and/or Application. Any information obtained using the Website and/or Application, and in particular information in the form of disease units generated by the computer system in the form of an Interview and a Virtual Diagnosis, is not deemed to be any form of health care services and does not replace a medical appointment, medical diagnosis, or any form of consultation with a medical doctor. The Service Provider stresses that any pharmaceuticals, including those listed on the Website and/or Application, or also in connection with an Interview or a Virtual Diagnosis, may only be used on the basis of medical or pharmaceutical consultations. The Service Provider is entitled to disable the operation of the Website partially or fully and/or Application in order to repair or upgrade them without notifying the Users in advance. If the Website and/or Application are completely disabled, an appropriate message shall be published on the Service Provider's website. The Service Provider is not liable for: a User's actions or omissions in relation to information obtained through the Website and/or Application, actions or omissions of the third party for the benefit of which the User conducted an Interview in connection with information obtained through the Website and/or the Application, use of medicines and other pharmaceuticals listed on the Website and/or in the Application, as set forth in sec. 2 and 3 above, non-performance or improper performance of obligations under the Agreement due to a User’s hardware or software being defective, authenticity, reliability, correctness and completeness of data and information provided on the Website and/or in the Application by the Users, damage caused by the actions of third parties for which the Service Provider is not responsible, damage caused in connection with the sale of goods and provision of services mentioned in the advertising, promotional and informational content of the Website and/or Application, in particular goods and services performed improperly, in breach of the required standards, violating legal regulations or lacking the offered properties, interruptions in the functioning of the Website and/or Application for reasons beyond the Service Provider's control, in particular Force Majeure, any damage arising from the use of the Website and/or Application by Users in a manner contrary to the law or the Terms of Service, content placed on websites placed in other domains not owned by the Service Provider to which hyperlinks have been placed on the Website and/or Application. The Service Provider shall not be liable for the content of websites not administered by the Service Provider but linked to the Website and/or Application. The Website, Application, and information contained therein are not and under no circumstances may be construed as an offer in the meaning of the Polish Civil Code. If any prices are included, they should be treated as an invitation to negotiations. The User may use third-party websites and services through the Website and Applications by using applications relating to such websites or services. The Service Provider is not a party to any agreements for the Provision of services by electronic means concluded between the User and a third party and is not responsible for such services. The Service Provider's liability for the provision of the Service is regulated in the relevant provisions of law, and these Terms of Service should not be construed as grounds for granting an additional guarantee or extending the rights of the User over and above the statutory requirements. Services provided by electronic means Through the Website and/or the Application, the Service Provider provides the following Services: Interview, Virtual Diagnosis, The Service Provider, through the Website or the Application, enables the User to conduct a diagnostic interview for himself or herself or for a third party, e.g. children or people who otherwise cannot use the application directly. The selection is made by clicking the appropriate button at the initial stage of the Interview. The Service Provider provides Services by electronic means through the Website and/or the Application. To use the Services properly, the User must fulfil all of the following criteria as a minimum: hey should have a computer device that meets minimum technical requirements or a device on which mobile applications can be downloaded and used, and which complies with Application requirements (in particular a mobile phone, palmtop, smartphone, tablet), they should have access to the Internet, they should have access to e-mail, they should have the web browser Firefox, Google Chrome, Safari (which supports HTML documents and on which the “cookies” files acceptance option is switched on) and/or other software, in particular which operates on mobile devices, they should have capacity to read files in “pdf” format. The Service Provider is not liable for any improper functioning of the Services due to use of devices which do not meet the technical criteria. The Services are provided by the Service Provider free of charge, however, the Service Provider reserves the right to begin charging fees for Services in the future which are ordered by the User. The Service Provider has an exclusive right to shape the content of the Application and of the Website. In particular, the Service Provider is entitled to modify and/or erase any content and features of the Application and of the Website, as well as transfer rights to the Application and to the Website to a third party. Terms and conditions of conclusion of the agreement on services by electronic means The Agreement concerning use of the Website and/or the Application shall be deemed to be concluded by launching the Interview and accepting the Terms of Service. Conclusion of the Agreement is voluntary. If the User does not agree to the Terms of Service, they are required to promptly delete the Application from their mobile device and/or refrain from using the Website. The Agreement concerning use of the Website and of the Application shall be concluded from time to time for the duration of the Interview and shall be deemed as performed when the Virtual Diagnosis is provided to the User. The User shall have the access to the features and content of the Website and of the Application without signing in and/or creating an account beforehand. Rules concerning use of the Website and of the Application Any provision and dissemination of unlawful content by the User through the Website and the Application is prohibited. In particular, the User may not post or publish links and references on the Website and in the Application to websites: which infringe personal rights and interests of third parties or incite hatred on racial, ethnic, religious, or cultural grounds, or on the grounds of sexual orientation, which promote pornography and violence, which are advertisements, which breach the Pharmaceutical Law of 6 September 2001 – (Journal of Laws no. 126, item 1381 as amended), which breach rules widely accepted by the Internet community. The User shall use the Website and the Application in accordance with their intended purpose only. The User may not perform any activities which may disrupt proper functioning of the Website or of the Application. The User is not permitted, on its own and/or with help of third parties, to change, bypass or break security systems of the Website or of the Application, or to take action impacting the Website and the Application in a way that may cause damage and/or overloading of the Website or Application. The User is liable for their activities connected with use of the Website and of the Application. The User may only use the Services provided by the Service Provider for purposes consistent with the Terms of Service, applicable law, and established custom. The Service Provider shall use its best efforts to ensure that the Website and the Application function continually. The Service Provider stipulates that interruptions in operation of the Website and the Application may occur due to data updates, repair of bugs, and maintenance work. The User may not use the Website and the Application for commercial purposes or to advertise medical services, medicines, or other pharmaceuticals. This is an exclusive right of the Service Provider and the Website and the Application partners and is granted with the Service Provider’s consent. The User may not copy, modify, publish, or reproduce the Website or the Application in whole or in part. Termination and withdrawal from the Agreement The User has the right to withdraw from or terminate the Agreement at any time by ceasing to use the Website. If the Services are provided through the Application, withdrawal from or termination of the Agreement is effected by uninstalling it. The Service Provider is entitled to terminate the Agreement upon notice with immediate effect if the User infringes the Terms of Service and/or if the User’s activities breach established custom or are harmful to the Service Provider or other Users. Intellectual Property Rights The Application and the Website are protected by copyright vested in the Service Provider. Any graphics, technical solutions, texting, software, databases and any other content posted and published through the Website and the Application, as well as the way they are published (layout), are subject to copyright and related rights vested in the Service Provider. The Service Provider makes it possible for Users to use the Website and the Application, and grants the Users a non-exclusive, non-transferable, non-assignable, license which is limited in time for use of the Website and the Application, and a License with unlimited territorial scope to use the Website and the Application, including but not limited to the Articles. The above-mentioned License allows the Users to make multiple hard copies by installing the Application on a mobile device for the purpose for which they are intended and features stipulated in the Terms of Service. The Users are not granted any rights, including intellectual property rights, other than those stipulated in these Terms of Service, In particular, the Users are not granted any right to any use of the Website and the Application source codes. The Users acknowledge that if they breach the obligation described above, this may result in infringement of the Service Provider’s proprietary copyright to the Website and to the Application, and may result in criminal liability of the User. The Service Provider represents that it is entitled to grant the license stipulated in section 7(3). Content not provided by the Service Provider is or may be shared with the User in provision of the Services. A person who shares that content is exclusively liable for such content. The Service Provider does not monitor content published by the Users for consistency with the provisions of law and with these Terms of Service. The User shall not acquire any intellectual property rights to the content described in section 7(5) above when using the Services. The User may only use the Services if certain requirements prescribed in the provisions of law are met and/or the entity concerned has given consent. All names and markings of products, services or entities, in particular trademarks, logotypes and/or markings ( the “Materials”) of the services are placed on the Website and in the Application for informational purposes only. The Materials are the exclusive property of the entities concerned, and are used in accordance with the relevant provisions of law, in particular section 29 of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws no. 24, item 83, as amended) and in a way consistent with sections 5 and 9 of the Act of 16 April 1993 on Combating Unfair Competition. No information placed on the Website and in the Application – to the extent in which it is owned by third parties - shall be assigned to the Service Provider, and the Service Provider is not liable for content of such information, views expressed on the Website and in the Application, or rights related to such information. Complaint procedure Any complaints concerning the Services provided by electronic means by the Service Provider on the basis of these Terms of Service may be submitted in written form to this e-mail address: support@infermedica.com. In order to be properly processed, a complaint must contain the following information, as a minimum: information identifying the User (name, surname, e-mail address), subject matter of the complaint, statement of reasons for the complaint. The Service Provider reserves the right to request additional information or clarifications from the complainant if necessary, to process the complaint. The Service Provider shall process the complaint promptly, and within no more than 30 business days from the date on which it is submitted. The Service Provider will process complaints in accordance with these Terms of Service and applicable provisions of law. The decision concerning the outcome of the complaint will be delivered to the User via e-mail to the e-mail address provided in the complaint. The User has recourse to the out-of-court complaint and redress mechanisms before the Permanent Consumer Court of Arbitration competent for the seat of the Service Provider. Information concerning admissibility to this mechanism and procedures for processing claims can be found at: http://spsk.wiih.org.pl/index.php?id=110&id2=109. The User shall also have recourse to the EU ODR Internet platform available at: https://ec.europa.eu/consumers/odr/. Privacy policy and cookies policy The Service Provider protects the personal data of the Users and processes personal data in accordance with the GDPR as well as with the applicable provisions of domestic law. Detailed information concerning personal data processing and use of cookies files may be found in our Privacy Policy available at: https://symptomate.com/privacy-policy/ and our Cookies policy available at: https://symptomate.com/cookies-policy/. Final Provisions Please be aware that Provision of a service by electronic means entails threats characteristic for services of this kind, in particular presence of malware (e.g. viruses, harmful software capable of self-duplication) and/or spyware software (software spying on a user’s Internet activity) as well as vulnerability to cracking and/or phishing (fraudulent obtaining of passwords). At the same time, please be advised that the Service Provider has taken all necessary steps to minimize all of the threats described above. Any amendments to these Terms of Service may be enacted at any time and take effect from the amended Terms of Service being placed on the Website and in the Application. The User may terminate the Agreement if any amendments are made to these Terms of Service. Use of the Website and the Application once amendments take effect constitutes acceptance of the amended Terms of Service. By using the Website and/or the Application, the User accepts these Terms of Service and undertakes to comply with all rules in these Terms of Service. The governing law of the agreement concluded on the basis of these Terms of Service is the law of the Republic of Poland, and this shall be without prejudice to provision 6(1)(2) of Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Applicable provisions of Polish law, in particular the Civil code and other Polish acts, including the Act on Provision of Services by Electronic Means and Act on Consumer’s Rights, apply to all matters not regulated in these Terms of Service. In the case of agreements concluded by consumers (i.e. persons who conclude agreements for purposes other than commercial or professional use), when: the Services are provided in the country where the consumer has their habitual residence, and/or the provided Services are in any way directed to this country or to several countries including that country, and the agreement falls within the scope of those Services, the choice of Polish law as the governing law as described in sections 4 and 5 shall be without prejudice to protection enjoyed by consumers under the law in the country of habitual residence which would be afforded to them if no governing law was selected. In such a situation – regardless of the governing law chosen on the basis of sections 4 and 5 – those provisions which are more beneficial for consumer shall apply. These Terms of Service take effect on November 26th, 2020. Airbnb Cookie Policy Airbnb uses cookies, mobile identifiers, tracking URLs, log data and similar technologies to help provide, protect, and improve the Airbnb Platform. This Cookie Policy (“Policy”) supplements the Airbnb Privacy Policy and explains how and why we use these technologies and the choices you have. Why Airbnb Uses These Technologies We use these technologies for a number of purposes, such as: to enable you to use and access the Airbnb Platform and the Payment Services to enable, facilitate and streamline the functioning of and your access to the Airbnb Platform to better understand how you navigate through and interact with the Airbnb Platform and to improve the Airbnb Platform to serve you tailored advertising (such as on the Airbnb Platform, emails and on third-party websites) to show you content (e.g., advertisements) that is more relevant to you to monitor and analyze the performance, operation, and effectiveness of the Airbnb Platform and Airbnb advertisements to enforce legal agreements that govern use of the Airbnb Platform for fraud detection and prevention, trust and safety, and investigations for purposes of our own customer support, analytics, research, product development, and regulatory compliance. Cookies When you visit the Airbnb Platform we may place cookies on your device. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and can enable us to detect certain kinds of fraud. In many cases the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize our website experience. In some cases we associate the information we collect using cookies and other technology with your personal information. Our business partners may also use these tracking technologies on the Airbnb Platform or engage others to track your behavior on our behalf. There are two types of cookies used on the Airbnb Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the Airbnb Platform. In many cases you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different so visit the “help” section of your browser when to learn about cookie preferences and other privacy settings that may be available. Please note that if you choose to remove or reject cookies or clear local storage this could affect the features, availability, and functionality of the Airbnb Platform. Flash Cookies We may use Flash Cookies, also known as Local Stored Objects, and similar technologies to personalize and enhance your online experience. A Flash cookie is a small data file placed on a computer using Adobe Flash technology. The Adobe Flash Player is an application that allows rapid development of dynamic content, such as video clips and animation. We use Flash cookies to personalize and enhance your online experience and to deliver content for Flash players. We may also use Flash cookies for security purposes, to gather certain website metrics and to help remember settings and preferences. Flash cookies are managed through a different interface than the one provided by your web browser. To manage Flash cookies, please visit Adobe’s website. If you disable Flash cookies or other similar technologies, please note that you may not have access to certain content and product features such as your device remembering a Listing that you viewed during a previous visit. Pixel Tags, Web Beacons, and Trackers Pixel tags, web beacons, and tracking urls are tiny graphic images and/or small blocks of code placed on website pages, ads, or in our emails that allow us to determine whether you performed a specific action. When you access these pages, or when you open an email, let us know you have accessed the web page or opened the email. These tools help us measure response to our communications and improve our web pages and promotions. Server Logs and Other Technologies We collect many different types of information from server logs and other technologies. For example, we collect information about the device you use to access the Airbnb Platform, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. An IP address is a unique identifier that devices require to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to the Airbnb Platform and the website you visit after you leave the Airbnb Platform. We may also collect information about your use of the Airbnb Platform such as when we provide accessibility tools. The tools described help us improve user experience and deliver our services. Device Information We may use device-related information to authenticate users. For example, we may use your IP address, browser information, or other data provided by your browser or device to identify the device being used to access our platform. We may also use these device-related techniques for associating you with different devices that you may use to access our content including for fraud-protection purposes and to better target advertising. Third Parties Airbnb permits third parties to collect the information described above through our Service and discloses such information to third parties for business purposes as described in this Privacy Policy, including but not limited to providing advertising on our Service and elsewhere based on users’ online activities over time and across different sites, services, and devices. Third parties, including Facebook, place technologies such as pixels and SDKs on the Airbnb Platform. These technologies (1) help us analyze how you use the Airbnb Platform, such as by noting the third party services from which you arrived, (2) market and advertise Airbnb services to you on the Airbnb Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, and (4) collect information about your activities on the Airbnb Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the Airbnb Platform, we work with a number of analytics partners, including Google Analytics. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here. In some cases, cookies are placed if certain criteria is met, such as being logged into the third party service on the same browser. Third parties, including Facebook, may also use such tracking technologies to collect or receive information from the Airbnb Platform and elsewhere and use that information to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the Airbnb Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. See here for information on how Google manages data in its ad products. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the Airbnb Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms. Users can opt-out of the collection and use of information for ad targeting by updating their Facebook account ad settings and by contacting opt-out@airbnb.com with a description of your request and validation information. Third Party Social Plugins The Airbnb Platform may use social plugins provided and operated by third parties, such as Facebook’s Like Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of the Airbnb Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Airbnb Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices. Your Choices Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. While you may disable cookies through your browser settings, the Airbnb Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel. Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information. If you choose to decline cookies, some parts of the Airbnb Platform may not work as intended or may not work at all. Airbnb Terms of Service for Non-European Users Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against Airbnb in the United States. Please read them carefully. Last Updated: 10 February 2022 Thank you for using Airbnb! These Terms of Service (“Terms”) are a binding legal agreement between you and Airbnb that govern your right to use the websites, applications, and other offerings from Airbnb (collectively, the “Airbnb Platform”). When used in these Terms, “Airbnb,” “we,” “us,” or “our” refers to the Airbnb entity set out on Schedule 1 with whom you are contracting. The Airbnb Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Airbnb Platform, and must keep your account information accurate. As the provider of the Airbnb Platform, Airbnb does not own, control, offer or manage any Listings or Host Services. Airbnb is not a party to the contracts entered into directly between Hosts and Guests, nor is Airbnb a real estate broker, travel agency, or insurer. Airbnb is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Airbnb’s role see Section 16. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Airbnb payment entities (collectively "Airbnb Payments"). If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services. Table of Contents Guest Terms 1. Our Mission. 2. Searching and Booking on Airbnb. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 4. Your Responsibilities and Assumption of Risk. Host Terms 5. Hosting on Airbnb. 6. Managing Your Listing. 7. Cancellations, Travel Issues, and Booking Modifications. 8. Taxes. General Terms 9. Reviews. 10. Content. 11. Fees. 12. Airbnb Platform Rules. 13. Termination, Suspension and other Measures. 14. Modification. 15. Resolving Complaints and Damage Claims. 16. Airbnb’s Role. 17. Member Accounts. 18. Disclaimer of Warranties. 19. Limitations on Liability. 20. Indemnification. 21. Contracting Entities. 22. United States Governing Law and Venue. 23. United States Dispute Resolution and Arbitration Agreement. 24. China Governing Law and Dispute Resolution. 25. Brazil Governing Law and Venue. 26. Rest of World Dispute Resolution, Venue and Forum, and Governing Law. 27. Miscellaneous. Schedule 1 - Contracting Entities Guest Terms 1. Our Mission. Our mission is to create a world where you can belong anywhere. From cabins to castles to cooking classes, browse through millions of Listings to find the ones that fit the way you like to travel. Learn more about a Listing by reviewing the description and photos, the Host profile, and Guest reviews. If you have questions, just message the Host. 2. Searching and Booking on Airbnb. 2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center. 2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Airbnb’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Airbnb via Airbnb Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing.Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services. 2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests. 2.4 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Guest you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy. Different policies apply to certain categories of Listings; for example Experiences Reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. 3.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the Airbnb Platform or direct Airbnb customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification. 4. Your Responsibilities and Assumption of Risk. 4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation, Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. 4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Airbnb Platform and any Content (as defined in Section 10), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. Host Terms 5. Hosting on Airbnb. 5.1 Host. As a Host, Airbnb offers you the right to use the Airbnb Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing. 5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Airbnb Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Airbnb’s service fee (and applicable taxes) for each booking. Airbnb Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description. 5.3 Independence of Hosts. Your relationship with Airbnb is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Airbnb, except that Airbnb Payments acts as a payment collection agent as described in the Payments Terms. Airbnb does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them. 6. Managing Your Listing. 6.1 Creating and Managing Your Listing. The Airbnb Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts. 6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours, or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice. 6.3 Search Ranking. The ranking of Listings in search results on the Airbnb Platform depends on a variety of factors, including these main parameters: Guest search parameters (e.g. number of Guests, time and duration of the trip, price range), Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, Host status, age of the Listing, average Guest popularity), Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking), Host requirements (e.g. minimum or maximum nights, booking cut-off time), and Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching). Search results may appear different on our mobile application than they appear on our website. Airbnb may allow Hosts to promote their Listings in search or elsewhere on the Airbnb Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center. 6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Airbnb Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Airbnb Platform in violation of our Off-Platform Policy. 6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Airbnb to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide. 6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Airbnb Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Airbnb Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Airbnb. 7. Cancellations, Travel Issues, and Booking Modifications. 7.1 Cancellations and Travel Issues. In general, if a Guest cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Airbnb exceeds your payout, Airbnb (via Airbnb Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Airbnb’s Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation. 7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Airbnb Platform or direct Airbnb customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification. 8. Taxes. 8.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes"). 8.2 Collection and Remittance by Airbnb. In jurisdictions where Airbnb facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Airbnb to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Airbnb are identified to Members on their transaction records, as applicable. Airbnb may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Airbnb is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason. 8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Airbnb may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations. General Terms 9. Reviews. After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Airbnb for accuracy and may be incorrect or misleading. 10. Content. Parts of the Airbnb Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Airbnb a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Airbnb pays for the creation of Content or facilitates its creation, Airbnb may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Airbnb the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Airbnb may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Airbnb does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. 11. Fees. Airbnb may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Airbnb Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Airbnb Platform, service fees are non-refundable. Airbnb reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2. 12. Airbnb Platform Rules. 12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules. Act with integrity and treat others with respect Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others. Follow our Nondiscrimination Policy and do not discriminate against or harass others. Do not scrape, hack, reverse engineer, compromise or impair the Airbnb Platform Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Airbnb Platform. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Airbnb Platform or Content. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Airbnb Platform. Do not take any action that could damage or adversely affect the performance or proper functioning of the Airbnb Platform. Only use the Airbnb Platform as authorized by these Terms or another agreement with us You may only use another Member’s personal information as necessary to facilitate a transaction using the Airbnb Platform as authorized by these Terms. Do not use the Airbnb Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent. You may use Content made available through the Airbnb Platform solely as necessary to enable your use of the Airbnb Platform as a Guest or Host. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. Do not request, make, or accept a booking or any payment outside of the Airbnb Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions. Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a Reservation, unless authorized by Airbnb. Do not engage in any practices that are intended to manipulate our search algorithm. Do not book Host Services unless you are actually using the Host Services. Do not use, copy, display, mirror or frame the Airbnb Platform, any Content, any Airbnb branding, or any page layout or design without our consent. Honor your legal obligations Understand and follow the laws that apply to you, including privacy, data protection, and export laws. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. Read and follow our Terms, Additional Legal Terms, Policies, and Standards. Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein. Do not use the name, logo, branding, or trademarks of Airbnb or others without permission. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Airbnb branding. Do not offer Host Services that violate the laws or agreements that apply to you. Do not offer or solicit prostitution or participate in or facilitate human trafficking. 12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Airbnb. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Airbnb. If you reported an issue to local authorities, Airbnb may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report. 12.3 Copyright Notifications. If you believe that Content on the Airbnb Platform infringes copyrights, please notify us in accordance with our Copyright Policy. 13. Termination, Suspension and other Measures. 13.1 Term. The agreement between you and Airbnb reflected by these Terms is effective when you access the Airbnb Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. 13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Airbnb may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Airbnb may also terminate this agreement immediately and without notice and stop providing access to the Airbnb Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Airbnb, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice. 13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Airbnb believes it is reasonably necessary to protect Airbnb, its Members, or third parties; Airbnb may, with or without prior notice: suspend or limit your access to or use of the Airbnb Platform and/or your account; suspend or remove Listings, Reviews, or other Content; cancel pending or confirmed bookings; or suspend or revoke any special status associated with your account. For minor violations or where otherwise appropriate as Airbnb determines in its sole discretion, you will be given notice of any intended measure by Airbnb and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation. 13.4 Legal Mandates. Airbnb may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3. 13.5 Effect of Termination. If you are a Host and terminate your Airbnb account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Airbnb Platform has been limited, or your Airbnb account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Airbnb Platform through an account of another Member. 13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26. 14. Modification. Airbnb may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Terms. 15. Resolving Complaints and Damage Claims. If a Member provides valid evidence that you, your guest(s), or your pet(s)damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Airbnb and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Airbnb and Airbnb determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Airbnb via Airbnb Payments can collect the amount of the Damage Claim from you. You agree that Airbnb may seek to recover from you under any insurance policies you maintain and that Airbnb may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Airbnb requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. 16. Airbnb’s Role. We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Airbnb, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Airbnb has the right, but does not have any obligation, to monitor the use of the Airbnb Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Airbnb Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Airbnb administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb with respect to any investigation undertaken by Airbnb regarding the use or abuse of the Airbnb Platform. Airbnb is not acting as an agent for any Member except for where Airbnb Payments acts as a collection agent as provided in the Payments Terms. 17. Member Accounts. You must register an account to access and use many features of the Airbnb Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Airbnb Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Airbnb if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 18. Disclaimer of Warranties. We provide the Airbnb Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Airbnb Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or Airbnb has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law. 19. Limitations on Liability. Neither Airbnb (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Airbnb Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Airbnb Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Airbnb Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Airbnb has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Airbnb Host Damage Protection or Japan Host Insurance, in no event will Airbnb’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Airbnb Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Airbnb. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you. 20. Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb’s option), indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Airbnb Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. 21. Contracting Entities. Based on your country of residence or establishment and what you are doing on the Airbnb Platform, Schedule 1 below sets out the Airbnb entity with whom you are contracting. If we identify through the Airbnb Platform, an Airbnb entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Airbnb entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Airbnb company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes. 22. United States Governing Law and Venue. If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California. 23. United States Dispute Resolution and Arbitration Agreement. 23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Airbnb in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 23.2 Overview of Dispute Resolution Process. Airbnb is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Airbnb each retain the right to seek relief in small claims court as an alternative to arbitration. 23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Airbnb each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Airbnb by mailing it to Airbnb’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Airbnb will send its notice of dispute to the email address associated with your Airbnb account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 23.4 Agreement to Arbitrate. You and Airbnb mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb agree that the arbitrator will decide that issue. 23.5 Exceptions to Arbitration Agreement. You and Airbnb each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and Airbnb agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 23.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Airbnb agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. 23.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airbnb will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 23.10 Jury Trial Waiver. You and Airbnb acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 23.11 No Class Actions or Representative Proceedings. You and Airbnb acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. 23.13 Changes to Agreement to Arbitrate. If Airbnb changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Airbnb (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb. 23.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb account. 24. China Governing Law and Dispute Resolution. 24.1 China Domestic Transactions. If you reside or have your place of establishment in China, and are contracting with Airbnb China, these Terms and this Section 24.1 are governed by the laws of the People’s Republic of China. In this situation, any dispute arising from or in connection with these Terms or use of the Airbnb Platform shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English. 24.2 Cross-border Transactions. If you reside or have your place of establishment in China, and are contracting with Airbnb, Inc., Airbnb Travel, LLC, Airbnb Ireland UC, or any other non-China entity, these Terms and this Section 24.2 are governed by the laws of Singapore. In this situation, any dispute arising out of or in connection with these Terms or use of the Airbnb Platform, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. 24.3 Without Limitation Provisions. The above Sections 24.1 and 24.2 are expressed to be without regard to conflict of laws provisions and shall not be construed to limit any rights which Airbnb may have to apply to any court of competent jurisdiction for any order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of Singapore, the People’s Republic of China, or any other laws that may apply to you. 25. Brazil Governing Law and Venue. If you reside or have your place of establishment in Brazil, these Terms will be interpreted in accordance with the laws of Brazil, without regard to conflict-of-law provisions. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Brazil. 26. Rest of World Dispute Resolution, Venue and Forum, and Governing Law. If you reside or have your place of establishment outside of the United States, China, and Brazil, this Section applies to you and these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Airbnb's place of business in Ireland. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts. 27. Miscellaneous. 27.1 Other Terms Incorporated by Reference. Our Host Damage Protection, Japan Host Insurance Terms, Guest Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Airbnb Platform, are incorporated by reference, and form part of your agreement with Airbnb. 27.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Airbnb and you pertaining to your access to or use of the Airbnb Platform and supersede any and all prior oral or written understandings or agreements between Airbnb and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Airbnb. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.” 27.3 No Waiver. Airbnb’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. 27.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Airbnb's prior written consent. Airbnb may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. 27.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Airbnb via email, Airbnb Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Airbnb’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act. 27.6 Third-Party Services. The Airbnb Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Airbnb is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. 27.7 Google Terms. Some translations on the Airbnb Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. 27.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. 27.9 Airbnb Platform Content. Content made available through the Airbnb Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Airbnb and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Airbnb Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Airbnb grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Airbnb Platform and accessible to you, solely for your personal and non-commercial use. 27.10 Airbnb.org. Airbnb.org is a nonprofit corporation exempt from income taxation under U.S. Internal Revenue Code Section 501(c)(3), operating as a public charity. Airbnb.org is not owned or controlled by Airbnb. Airbnb.org administers a number of charitable programs that benefit our Host and Guest communities and the public. 27.11 Force Majeure. Airbnb shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 27.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Airbnb account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Airbnb account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms. 27.13 Contact Us. If you have any questions about these Terms please email us. Schedule 1 - Contracting Entities Your place of residence or establishment: Your activity on the Airbnb Platform: Airbnb contracting Entity: Contact information: United States Booking or offering certain hotels or traditional accommodations, where Airbnb Travel, LLC is identified in the checkout or listing process. Airbnb Travel, LLC 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering accommodations located in the United States for stays of 28 nights or more where Airbnb Stays, Inc. is identified in the checkout or listing process. Airbnb Stays, Inc. 888 Brannan Street, San Francisco, CA 94103, United States All other activities. Airbnb, Inc. 888 Brannan Street, San Francisco, CA 94103, United States European Economic Area, Switzerland or the United Kingdom Booking or offering certain hotels or traditional accommodations, where Airbnb Travel, LLC is identified in the checkout or listing process. Airbnb Travel, LLC 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering accommodations located in the United States for stays of 28 nights or more where Airbnb Stays, Inc. is identified in the checkout or listing process. Airbnb Stays, Inc. 888 Brannan Street, San Francisco, CA 94103, United States All other activities. Airbnb Ireland UC 8 Hanover Quay, Dublin 2, Ireland China (which for purposes of these Terms, refers to the People's Republic of China and does not include Hong Kong, Macau and Taiwan) Booking or offering certain hotels or traditional accommodations, located outside of China, where Airbnb Travel, LLC is identified in the checkout or listing process. Airbnb Travel, LLC 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering accommodations located in the United States for stays of 28 nights or more where Airbnb Stays, Inc. is identified in the checkout or listing process. Airbnb Stays, Inc. 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering of any other Host Service, located outside China. Airbnb Ireland UC 8 Hanover Quay, Dublin 2, Ireland Booking or offering accommodations located in China that are subject to the Domestic Business Travel Accommodation Services additional terms. Airbnb Information Technology (Tianjin) Co., Ltd. YO-16102, Baoyuan Building, 16th Floor, No. 3699 Xinhua Road,Tianjin Pilot Free Trade Zone (Central Business District) All other activities. Airbnb Internet (Beijing) Co., Ltd. ("Airbnb China") 01B, Unit 1401, 14th Floor, East Tower, World Financial Center, No.1, East Third Ring Middle Road Chaoyang District, Beijing, China 100020 Japan Booking or offering certain hotels or traditional accommodations, where Airbnb Travel, LLC is identified in the checkout or listing process. Airbnb Travel, LLC 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering accommodations located in the United States for stays of 28 nights or more where Airbnb Stays, Inc. is identified in the checkout or listing process. Airbnb Stays, Inc. 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering any other Host Service, located outside Japan. Airbnb Ireland UC 8 Hanover Quay, Dublin 2, Ireland All other activities. Airbnb Global Services Limited 25-28 North Wall Quay, Dublin 1, D01 H104, Ireland Brazil* Any booking, offering accommodations, or any other activity. Airbnb Plataforma Digital Ltda. Rua Aspicuelta 422, conjunto 51, CEP: 05433-010, São Paulo - SP - Brazil All other countries and territories Booking or offering certain hotels or traditional accommodations, where Airbnb Travel, LLC is identified in the checkout or listing process. Airbnb Travel, LLC 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering accommodations located in the United States for stays of 28 nights or more where Airbnb Stays, Inc. is identified in the checkout or listing process. Airbnb Stays, Inc. 888 Brannan Street, San Francisco, CA 94103, United States All other activities. Airbnb Ireland UC 8 Hanover Quay, Dublin 2, Ireland * Beginning April 1, 2022, Airbnb Plataforma Digital Ltda. shall be the Contracting Entity for all Members whose place of residence or establishment is in Brazil. Terms of Service for European Users As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Airbnb is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom. Section 24 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against Airbnb in the United States. Please read them carefully. Last Updated: 10 February 2022 Thank you for using Airbnb! These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Airbnb that govern your right to use the websites, applications, and other offerings from Airbnb (collectively, the “Airbnb Platform”). When used in these Terms, “Airbnb,” “we,” “us,” or “our” refers to the Airbnb entity set out on Schedule 1 with whom you are contracting. The Airbnb Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Airbnb Platform, and must keep your account information accurate. As the provider of the Airbnb Platform, Airbnb does not own, control, offer or manage any Listings, Host Services, or tourism services. Airbnb is not a party to the contracts entered into directly between Hosts and Guests, nor is Airbnb a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Airbnb is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Airbnb’s role see Section 16. We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Airbnb payment entities (collectively "Airbnb Payments"). If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services. Table of Contents Guest Terms 1. Our Mission. 2. Searching and Booking on Airbnb. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 4. Your Responsibilities. Host Terms 5. Hosting on Airbnb. 6. Managing Your Listing. 7. Cancellations, Travel Issues, and Booking Modifications. 8. Taxes. General Terms 9. Reviews 10. Content. 11. Fees. 12. Airbnb Platform Rules. 13. Termination, Suspension and other Measures. 14. Modification of these Terms. 15. Resolving Complaints and Damage Claims. 16. Airbnb’s Role. 17. Member Accounts. 18. Disclaimer. 19. Liability. 20. Indemnification. 21. Contracting Entities. 22. Applicable law and Jurisdiction. 23. Miscellaneous. 24. United States Dispute Resolution and Arbitration Agreement. Additional Terms Specific to Business Hosts 25. Business Users. 26. Termination, Suspension and other Measures. 27. Complaints Handling and Mediation. 28. Access to Data. 29. Additional Distribution Channels. Schedule 1 - Contracting Entities Guest Terms 1. Our Mission. Our mission is to create a world where you can belong anywhere. From cabins to castles to cooking classes, browse through millions of Listings to find the ones that fit the way you like to travel. Learn more about a Listing by reviewing the description and photos, the Host profile, and past Guest reviews. If you have questions, just message the Host. 2. Searching and Booking on Airbnb. 2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum nights), and more. Learn more about search results in our Help Center. 2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Airbnb’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Airbnb via Airbnb Payments may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services. 2.3 Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy and use the Accommodation. The Host retains the right to re-enter the Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests. 2.4 Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Host Service. Except where expressly authorized, you may not allow any person to join a Host Service unless they are included as an additional guest during the booking process. 3. Cancellations, Travel Issues, Refunds and Booking Modifications. 3.1 Cancellations, Travel Issues, and Refunds. In general, if you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, or you experience a Travel Issue (as defined in our Guest Refund Policy), you may be entitled to rebooking assistance or a partial or full refund under our Guest Refund Policy. Different policies apply to certain categories of Listings; for example Experiences reservations are governed by the Experiences Guest Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Airbnb by contacting ourcustomer service. 3.2 Booking Modifications. Hosts and Guests are responsible for any booking modifications they agree to make via the Airbnb Platform or direct Airbnb customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification. 4. Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience. For example, this means: (i) you are responsible for leaving an Accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an Accommodation, and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor. Host Terms 5. Hosting on Airbnb. 5.1 Host. As a Host, Airbnb offers you the right to use the Airbnb Platform to share your Accommodation, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It’s easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing. 5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Airbnb Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Airbnb’s service fee (and applicable taxes) for each booking. Airbnb Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description. 5.3 Independence of Hosts. Your relationship with Airbnb is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Airbnb, except that Airbnb Payments acts as a payment collection agent as described in the Payments Terms. Airbnb does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them. 6. Managing Your Listing. 6.1 Creating and Managing Your Listing. The Airbnb Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, resort fees, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay. Any offer of an Experience is subject to our Additional Terms for Experience Hosts. 6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays, preparing food, serving alcohol for sale, guiding tours or operating a vehicle). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Accommodation. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice. 6.3 Search Ranking. The ranking of Listings in search results on the Airbnb Platform depends on a variety of factors, including these main parameters: Guest search parameters (e.g. number of Guests, time and duration of the trip, price range), Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity), Guest booking experience (e.g. customer service and cancellation history of the Host, ease of booking), Host requirements (e.g. minimum or maximum nights, booking cut-off time), and Guest preferences (e.g. previous trips, saved Listings, location from where the Guest is searching). Search results may appear different on our mobile application than they appear on our website. Airbnb may allow Hosts to promote their Listings in search or elsewhere on the Airbnb Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center. 6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Airbnb Platform except those expressly authorized by our Offline Fee Policy. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Airbnb Platform in violation of our Off-Platform Policy. 6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Airbnb to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide. 7. Cancellations, Travel Issues, and Booking Modifications. 7.1 Cancellations and Travel Issues. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (as defined by the Guest Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Airbnb exceeds your payout, Airbnb (via Airbnb Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Airbnb’s Guest Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Host an Experience please note that the Experience Cancellation Policy, Experiences Guest Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation. You may appeal a decision by Airbnb by contacting our customer service. 7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Airbnb Platform or direct Airbnb customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification. 8. Taxes. 8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes"). 8.2 Collection and Remittance by Airbnb. In jurisdictions where Airbnb facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Airbnb to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Airbnb are identified to Members on their transaction records, as applicable. Airbnb may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Airbnb is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason. 8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Airbnb may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations. General Terms 9. Reviews. After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Airbnb for accuracy and may be incorrect or misleading. 10. Content. Parts of the Airbnb Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Airbnb a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Airbnb Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Airbnb pays for the creation of Content or facilitates its creation, Airbnb may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Airbnb the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Airbnb may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Airbnb does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations. 11. Fees. Airbnb may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Airbnb Platform. Any applicable fees are disclosed to Hosts before publishing a listing and to Guests before making a booking. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Airbnb Platform, service fees are non-refundable.  12. Airbnb Platform Rules. 12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules. Act with integrity and treat others with respect Do not lie, misrepresent something or someone, or pretend to be someone else. Be polite and respectful when you communicate or interact with others. Follow our Nondiscrimination Policy and do not discriminate against or harass others. Do not scrape, hack, reverse engineer, compromise or impair the Airbnb Platform Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Airbnb Platform. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Airbnb Platform or Content. Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Airbnb Platform. Do not take any action that could damage or adversely affect the performance or proper functioning of the Airbnb Platform. Only use the Airbnb Platform as authorized by these Terms or another agreement with us You may only use another Member’s personal information as necessary to facilitate a transaction using the Airbnb Platform as authorized by these Terms. Do not use the Airbnb Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent. You may use Content made available through the Airbnb Platform solely as necessary to enable your use of the Airbnb Platform as a Guest or Host. Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us. Do not request, make or accept a booking or any payment outside of the Airbnb Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions. Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Airbnb. Do not engage in any practices that are intended to manipulate our search algorithm. Do not book Host Services unless you are actually using the Host Services. Do not use, copy, display, mirror or frame the Airbnb Platform, any Content, any Airbnb branding, or any page layout or design without our consent. Honor your legal obligations Understand and follow the laws that apply to you, including privacy, data protection, and export laws. If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy. Read and follow our Terms, Additional Legal Terms, Policies and Standards. Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein. Do not use the name, logo, branding, or trademarks of Airbnb or others without permission. Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Airbnb branding. Do not offer Host Services that violate the laws or agreements that apply to you. Do not offer or solicit prostitution or participate in or facilitate human trafficking. 12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Airbnb. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Airbnb. If you reported an issue to local authorities, Airbnb may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report. 12.3 Copyright Notifications. If you believe that Content on the Airbnb Platform infringes copyrights, please notify us in accordance with our Copyright Policy. 13. Termination, Suspension and other Measures. 13.1 Term. The agreement between you and Airbnb reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms. 13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Airbnb may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Airbnb may also terminate this agreement immediately and without prior notice and stop providing access to the Airbnb Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Airbnb, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years. 13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Airbnb otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Airbnb, its Members, or third parties, Airbnb may: suspend or limit your access to or use of the Airbnb Platform and/or your account; suspend or remove Listings, Reviews, or other Content; cancel pending or confirmed bookings; or suspend or revoke any special status associated with your account. In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Airbnb and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. 13.4 Legal Mandates. Airbnb may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3. 13.5 Effect of Termination. If you are a Host and terminate your Airbnb account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Airbnb Platform has been limited, or your Airbnb account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Airbnb Platform through an account of another Member. 13.6 Appeal. If Airbnb takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service. 14. Modification of these Terms. When we propose changes to these Terms, we will post the revised Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Airbnb, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Airbnb Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms. 15. Resolving Complaints and Damage Claims. If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Airbnb and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Airbnb and Airbnb determines under consideration of any applicable statutory rules on the burden of proof that the Damage Claim is valid and you are responsible for the Damage Claim, Airbnb via Airbnb Payments can collect the amount of the Damage Claim from you. Airbnb may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Airbnb requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by Airbnb by contacting our customer service. Any decisions made by Airbnb in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected. 16. Airbnb’s Role. We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Airbnb is not and does not become a party to or other participant in any contractual relationship between Members. Airbnb is not acting as an agent for any Member except for where Airbnb Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Airbnb, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Airbnb has no general obligation to monitor the use of the Airbnb Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Airbnb Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb with respect to any investigation undertaken by Airbnb regarding the use or abuse of the Airbnb Platform. 17. Member Accounts. You must register an account to access and use many features of the Airbnb Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Airbnb Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Airbnb if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Airbnb Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents. 18. Disclaimer. We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Airbnb has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Airbnb Platform. Airbnb may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Airbnb Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Airbnb Platform. 19. Liability. Airbnb is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Airbnb’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Airbnb in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Airbnb is excluded. 20. Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb’s option), indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Airbnb Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. 21. Contracting Entities. Based on your country of residence or establishment and what you are doing on the Airbnb Platform, Schedule 1 below sets out the Airbnb entity with whom you are contracting. If we identify through the Airbnb Platform, an Airbnb entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Airbnb entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the Airbnb company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes. 22. Applicable law and Jurisdiction. These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Airbnb's place of business in Ireland. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts. 23. Miscellaneous. 23.1 Other Terms Incorporated by Reference. Our Host Damage Protection, Japan Host Insurance Terms, Guest Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Airbnb Platform, are incorporated by reference, and form part of your agreement with Airbnb. 23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Airbnb and you pertaining to your access to or use of the Airbnb Platform and supersede any and all prior oral or written understandings or agreements between Airbnb and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Airbnb. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 23.3 No Waiver. Airbnb’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. 23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Airbnb's prior written consent. Airbnb may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected. 23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Airbnb via email, Airbnb Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable you to provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Airbnb’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act. 23.6 Third-Party Services. The Airbnb Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Airbnb is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement. 23.7 Google Terms. Some translations on the Airbnb Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Airbnb Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. 23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. 23.9 Airbnb Platform Content. Content made available through the Airbnb Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Airbnb and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Airbnb Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Airbnb grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Airbnb Platform and accessible to you, solely for your personal and non-commercial use. 23.10 Airbnb.org. Airbnb.org is a nonprofit corporation exempt from income taxation under U.S. Internal Revenue Code Section 501(c)(3), operating as a public charity. Airbnb.org is not owned or controlled by Airbnb. Airbnb.org administers a number of charitable programs that benefit our Host and Guest communities and the public. 23.11 Force Majeure. Airbnb shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 23.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Airbnb account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Airbnb Account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms. 23.13 Contact Us. If you have any questions about these Terms please email us. 24. United States Dispute Resolution and Arbitration Agreement. 24.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Airbnb in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 24.2 Overview of Dispute Resolution Process. Airbnb is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in paragraph 24.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Airbnb each retain the right to seek relief in small claims court as an alternative to arbitration. 24.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Airbnb each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Airbnb by mailing it to Airbnb’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Airbnb will send its notice of dispute to the email address associated with your Airbnb account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).  24.4 Agreement to Arbitrate. You and Airbnb mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb agree that the arbitrator will decide that issue. 24.5 Exceptions to Arbitration Agreement. You and Airbnb each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22 of the Terms of Service for Non-European Users): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and Airbnb agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 24.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 24.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Airbnb agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. 24.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airbnb will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 24.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 24.10 Jury Trial Waiver. You and Airbnb acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 24.11 No Class Actions or Representative Proceedings. You and Airbnb acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 24.12 Severability. Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect. 24.13 Changes to Agreement to Arbitrate. If Airbnb changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Airbnb (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb. 24.14 Survival. Except as provided in Section 24.12, and subject to Section 13.6 of the Terms of Service for Non-European Users this Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb Account. Additional Terms Applicable to Business Users If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you: 25. Business Users. You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified Airbnb that you are a Business User by adding your business details to your Airbnb account. You are responsible for keeping your business details accurate and up to date. 26. Termination, Suspension and other Measures. In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 27. 27. Complaints Handling and Mediation. We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint in relation to issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use in the event that such a complaint is not resolved. 28. Access to Data. Business Users have access to personal and other data in their Airbnb account and host dashboard which is provided by the Business User, their Guests or generated through the use of the Airbnb Platform and which is necessary for the performance of their Host Services as well as aggregated information about searches, bookings and the performance of their listings. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights. 29. Additional Distribution Channels. Airbnb operates an affiliate program through which Listings may be featured on third party websites, such as those for online travel sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Airbnb published on third party websites from time to time. Schedule 1 - Contracting Entities Your place of residence or establishment: Your activity on the Airbnb Platform: Airbnb contracting Entity: Contact information: European Economic Area, Switzerland or the United Kingdom Booking or offering certain hotels or traditional accommodations, where Airbnb Travel, LLC is identified in the checkout or listing process. Airbnb Travel, LLC 888 Brannan Street, San Francisco, CA 94103, United States Booking or offering accommodations located in the United States for stays of 28 nights or more where Airbnb Stays, Inc. is identified in the checkout or listing process. Airbnb Stays, Inc. 888 Brannan Street, San Francisco, CA 94103, United States All other activities. Airbnb Ireland UC 8 Hanover Quay, Dublin 2, Ireland Airbnb Payments Terms of Service If your country of residence is within the European Economic Area (“EEA”), Switzerland or the United Kingdom, the Payments Terms of Service for European Users apply to you. If your country of residence is outside of the EEA, Switzerland and the United Kingdom, the Payments Terms of Service for Non-European Users apply to you. Payments Terms of Service for Non-European Users If you reside in, or the organization you are acting for is established in, the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully. Last Updated: November 15, 2021 These Payments Terms of Service for Non-European Users (“Payments Terms”) are a binding legal agreement between you and Airbnb Payments that govern the Payment Services (defined below) conducted through or in connection with the Airbnb Platform. When these Payments Terms mention “Airbnb Payments,” “we,” “us,” or “our,” it refers to the Airbnb Payments company you are contracting with for Payment Services. Airbnb Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the Airbnb Platform. These payment services may include (if available) the following (collectively, “Payment Services”): Collecting payments from Guests (“Payin”), by charging the payment method associated with their Airbnb account, such as credit card, debit card, bank account or PayPal account (“Payment Method”); Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Airbnb account, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”); Effecting payments to a third-party Payout Method designated by a Host; Collection and payment of charitable donations; Payment collection services; and Other payment related services in connection with Host Services. In order to use the Payment Services, you must be at least 18 years old, must have an Airbnb account in good standing in accordance with the Airbnb Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete. Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below: Country of residence Contracting entity United States Airbnb Payments, Inc. (“Airbnb Payments US”) China (for purposes of these Payments Terms does not include Hong Kong, Macau and Taiwan) (hereinafter “China”) Airbnb Internet (Beijing) Co., Ltd. (“Airbnb China”) except: when you book a Host Service outside of China; or when you create a Listing located outside of China; or when you book a Listing in China with a Host who is not a resident of China, in which cases you are contracting with Airbnb Payments UK Ltd. ("Airbnb Payments UK") India Airbnb Payments India Pvt. Ltd. (“Airbnb Payments India”) except: when you book a Host Service outside of India; or when you create a Listing outside of India, in which case you are contracting with Airbnb Payments UK. Notwithstanding anything to the contrary in this table, if you create a Listing in India, the following rules apply: if you accept a booking from a Guest who is a resident of India, regardless of your country of residence, you are contracting with Airbnb Payments India; and if you accept a booking from a Guest who is not a resident of India, regardless of your country of residence, you are contracting with Airbnb Payments UK. Australia Airbnb Payments UK except: when you book a Host Service, in which case you are contracting with Airbnb Payments Australia Pty. Ltd. (“Airbnb Payments Australia”) Brazil Before April 2, 2022, Airbnb Pagamentos Brasil Ltda. On and after April 1, 2022, Airbnb Plataforma Digital Ltda. ("Airbnb Payments Brazil") All other countries Airbnb Payments UK If you change your country of residence, the Airbnb company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the Airbnb Payments company with whom you contract will stay the same for all bookings made prior to your change of residence. The Terms separately govern your use of the Airbnb Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms. Table of Contents Your use of the Payment Services Guest Terms Host Terms Appointment of Airbnb Payments as Limited Payment Collection Agent General Terms Damage Claims and Damage Amounts Abandoned Property Prohibited Activities Force Majeure Disclaimers Liability Indemnification Modification, Term, Termination, and other Measures Governing Law and Dispute Resolution United States Arbitration Agreement Miscellaneous Additional Clauses for Users Contracting with Airbnb Payments UK Additional Clauses for Users Contracting with Airbnb Brazil Additional Clauses for Users Contracting with Airbnb China Additional Clauses for Users that are Businesses Contacting Airbnb Payments 1. Your use of the Payment Services 1.1 Airbnb Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Airbnb Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Airbnb Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Airbnb Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms. 1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Airbnb Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Airbnb Payments of those Third-Party Services. 1.3 Your Airbnb Account. Airbnb Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Airbnb account. You may authorize a third party to use your Airbnb account if the feature is enabled for your Airbnb account. You acknowledge and agree that anyone you authorize to use your Airbnb account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. 1.4 Verification. You authorize Airbnb Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Airbnb Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. 1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise. 2. Guest Terms 2.1 Adding a Payment Method. When you add a Payment Method to your Airbnb account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Airbnb Payments or its third-party payment processor(s). You authorize Airbnb Payments and its payment service providers to collect and store your Payment Method information. 2.2 Payment Method Verification. When you add or use a new Payment Method, Airbnb Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Airbnb account so it can be used for a future transaction. You can remove the Payment Method from your Airbnb account as long as it is not associated with an active or future reservation. 2.3 Payment Authorization. You allow Airbnb Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Airbnb account, including Damage Claim amounts in accordance with the Terms and with Section 6. 2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file. 2.5 Timing of Payment. Airbnb Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Airbnb Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Airbnb Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Airbnb Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Airbnb Payments is unable to collect the Total Price due, as scheduled, Airbnb Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email. 2.6 Currency. Airbnb Payments will process each transaction in the currency you select via the Airbnb Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Airbnb Payments contracting entity(ies). Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Airbnb Payments contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate. 2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Airbnb cancels the booking, any amounts collected by Airbnb Payments and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2 2.8 Payment Restrictions. Airbnb Payments reserves the right to decline or limit payments that we believe (i) may violate Airbnb Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Airbnb, Airbnb Payments, or others to risks unacceptable to Airbnb Payments. 2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method. 2.10 Your Payment Method, Your Responsibility. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. 2.11 Different Ways to Pay 2.11.1 Payment Plan 2.11.1.1 Airbnb Payments may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method. 2.11.1.2 If you choose a Payment Plan, the Airbnb Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Airbnb Payments will automatically charge the original Payment Method you used to make the booking. 2.11.1.3 If you make a modification to a booking made with a Payment Plan, Airbnb Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification. 2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule. 2.11.1.5 If Airbnb Payments is unable to collect your payment, Airbnb Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Airbnb to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy. 2.11.2 Recurring Payments 2.11.2.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Airbnb Payments may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Airbnb Platform if applicable to a booking. 2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Airbnb Payments to collect the Total Price due. 2.11.2.3 Guests may stop a Recurring Payment by notifying Airbnb Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Airbnb Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Airbnb Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Airbnb Payments. 3. Host Terms 3.1 Payment Collection. Airbnb Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise. 3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Airbnb account. When you add a Payout Method to your Airbnb account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Airbnb Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Airbnb Payments requires for a valid Payout Method may change, and Airbnb Payments may request additional information at any time; failing to provide requested information may result in Airbnb Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Airbnb Payments to collect and store your Payout Method information. Airbnb Payments may also share your information with governmental authorities as required by applicable law. 3.3 Timing of Payout 3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Airbnb Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the Airbnb Platform. For Accommodation bookings of twenty-eight (28) nights or more, Airbnb Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation. 3.3.2 Airbnb Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. For example, certain Hosts in China will receive Payouts 48 hours after the Guest’s scheduled check-out time or 7 days after the Guest’s scheduled check-in time, whichever is earlier. Such Payout timeline may be updated once the Host meets certain eligibility criteria. The time it takes to receive Payouts once released by Airbnb Payments may depend upon the Payout Method you select. 3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Airbnb service fees and applicable taxes. In the event of cancellation of a confirmed booking, Airbnb Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy. 3.5 Payout Restrictions. Airbnb Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Airbnb Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below). 3.6 Currency Conversion. Airbnb Payments will remit your Payouts in the currency you select via the Airbnb Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Airbnb contracting entity(ies). Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. 3.7 Limits on Payouts. For compliance or operational reasons, Airbnb Payments may limit the amount of a Payout. If you are due an amount above that limit, Airbnb Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount. 3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method. 3.9 Handling of Funds. Airbnb Payments may combine amounts that it collects from Guests and invest them as permitted under applicable laws. Airbnb Payments will retain any interest it earns on those investments. 3.10 Your Payout Method, Your Responsibility. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you. 3.11 Different ways to get paid 3.11.1 Split Payouts If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), Airbnb may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Airbnb Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions. 4. Appointment of Airbnb Payments as Limited Payment Collection Agent 4.1 Each Host, including each Host Team member, hereby appoints Airbnb Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf. 4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Airbnb Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Airbnb Payments may refund the Guest in accordance with the Terms. Each Host understands that Airbnb Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Airbnb Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Airbnb Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Airbnb Payments assumes no liability for any acts or omissions of the Host. 4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Airbnb Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Airbnb Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Airbnb Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Airbnb Payments is responsible for remitting the funds successfully received by Airbnb Payments to the Host(s) in the manner described in these Payments Terms. In the event that Airbnb Payments does not remit any such amounts, the Host(s) will have recourse only against Airbnb Payments and not the Guest directly. This Section 4 is subject to exceptions provided in Section 19.2 for Hosts, including each Host Team member, contracting with Airbnb China. 5. General Terms 5.1 Fees. Airbnb Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Airbnb Platform. 5.2 Payment Authorizations. You authorize Airbnb Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Airbnb account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Airbnb Payments to collect from you: Any amount due to Airbnb or Airbnb Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Airbnb Platform), including reimbursement for costs prepaid by Airbnb or Airbnb Payments on your behalf. Any funds collected by Airbnb Payments will set off the amount owed by you to Airbnb or Airbnb Payments and extinguish your obligation to Airbnb or Airbnb Payments. Any amount due to a Host from a Guest which Airbnb collects as the Host’s payment collection agent as further set out in Section 4 above. Taxes, where applicable and as set out in the Terms. Any amount you pay through the Resolution Center in connection with your Airbnb account. Any Damage Claim amounts owed to Airbnb or Airbnb Payments in accordance with the Terms and Section 6. Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty. Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking). Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or Airbnb deciding that it is necessary to cancel a booking in accordance with the Terms, Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, Airbnb Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you. If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Airbnb Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Airbnb Payments will notify you in writing before any Additional Amounts are charged. If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Airbnb Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Airbnb account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you. If Airbnb has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Airbnb Payments released the payout for such stay, Airbnb Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Airbnb Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges. 5.3 Collections 5.3.1 If Airbnb Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Airbnb Payments may engage in collection efforts to recover such amounts from you. 5.3.2 Airbnb Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Airbnb Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Airbnb account or the associated services have been provided, whichever is later. 5.3.3 Airbnb Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Airbnb Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Airbnb account or the associated services have been provided, whichever is later. 5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Airbnb and/or Airbnb Payments by you. Such communications may be made by Airbnb, Airbnb Payments, or by anyone on their behalf, including but not limited to a third-party collection agent. 5.4 Payment Processing Errors 5.4.1 Airbnb Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Airbnb Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. 5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Airbnb Payments. 5.5 Refunds 5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, Guest Refund Policy, and Experiences Guest Refund Policy will be initiated and remitted by Airbnb Payments in accordance with these Payments Terms. 5.5.2 Subject to this Section 5.5.2, Airbnb Payments will initiate the refund process immediately. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Airbnb Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Airbnb Payments will initiate and process the refund as soon as is practicable. 6. Damage Claims and Damage Amounts 6.1 If Airbnb determines that you are responsible for Damage Claim amounts, pursuant to the Terms, you authorize Airbnb via Airbnb Payments to charge the Payment Method used to make the booking in order to collect Damage Claim amounts, up to a maximum amount as set by Airbnb that may vary by country/region. If Airbnb via Airbnb Payments is unable to collect from the Payment Method used to make the booking, you agree that Airbnb via Airbnb Payments may charge any other Payment Method on file in your Airbnb account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)). 6.2 You agree that Airbnb Payments may seek to recover from you under any insurance policies you maintain and that Airbnb Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or payment requests made by Hosts under the Host Damage Protection. 7. Abandoned Property If Airbnb Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws. 8. Prohibited Activities 8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to: breach or circumvent any applicable laws or regulations; breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards; use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms; register or use any Payment Method or Payout Method with your Airbnb account that is not yours or you do not have authorization to use; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airbnb Payments or any of Airbnb Payments’ providers or any other third party to protect the Payment Services; take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or violate or infringe anyone else’s rights or otherwise cause harm to anyone. 8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. 9. Force Majeure Airbnb Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Airbnb or Airbnb Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”). 10. Disclaimers 10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied. 10.2 Notwithstanding Airbnb Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Airbnb Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Airbnb Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded. 10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. 10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law. 11. Liability 11.1 Except as provided in Section 11.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Airbnb account in any way, you are responsible for the actions taken by that person. Neither Airbnb Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Airbnb Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection or Japan Host Insurance, in no event will Airbnb Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Airbnb Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Airbnb Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airbnb Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Airbnb Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 11.2 If you reside in Australia and contract with Airbnb Payments Australia, Section 11.1 does not apply, and Airbnb Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Airbnb Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Airbnb Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Airbnb Payments is excluded to the maximum extent allowed by applicable law. 12. Indemnification To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb Payments’ option), indemnify, and hold Airbnb Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. 13. Modification, Term, Termination, and other Measures 13.1 Modification. Except as otherwise required by applicable law, Airbnb Payments may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Payment Terms. If you are affected by the modification, we will also provide you with notice of the modifications at least thirty (30) days before the date they become effective. If you are contracting with Airbnb Payments UK, or Airbnb Payments Australia, you will receive at least two (2) months advance notice. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms. 13.2 Term. This agreement between you and Airbnb Payments reflected by these Payment Terms is effective when you create an Airbnb account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3. 13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Airbnb account. Terminating this agreement will also serve as notice to cancel your Airbnb account pursuant to the Terms. Without limiting our rights specified below, Airbnb Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Airbnb Payments UK). Airbnb Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Airbnb Payments believes in good faith that such action is reasonably necessary to protect other Members, Airbnb, Airbnb Payments, or third parties. 13.4 Suspension and Other Measures. Airbnb Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Airbnb Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Airbnb, its Members, Airbnb Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method 13.5 Appeal. If Airbnb Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service. 13.6 Effect of Termination. If you cancel your Airbnb account as a Host or Airbnb Payments takes any of the measures described above, Airbnb Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Airbnb account as a Guest, Airbnb Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Airbnb account or attempt to access and use the Payment Services through an Airbnb account of another Member. 13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement. 14. Governing Law and Dispute Resolution 14.1 If you are contracting with Airbnb Payments US, these Payments Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California. 14.2 If you are contracting with Airbnb China, these Payments Terms will be governed by and construed in accordance with the laws of the People’s Republic of China (“China Laws”). In this situation, any dispute arising from or in connection with these Payments Terms or use of the Payment Services shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English. This section does not limit any rights which Airbnb Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. 14.3 If you are contracting with Airbnb Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As an individual consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a competent court in England. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts. 14.4 If you are contracting with Airbnb Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms must be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Airbnb Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration. 14.5 If you are contracting with Airbnb Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement. 14.6 If you are contracting with Airbnb Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. If you are acting as a consumer, judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with jurisdiction in your place of residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil. 15. United States Arbitration Agreement 15.1 Application. This Arbitration Agreement only applies to you if you are contracting with Airbnb Payment US. If you are not contracting with Airbnb Payments US, and you nevertheless attempt to bring any legal claim against Airbnb Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 15.2 Overview of Dispute Resolution Process. Airbnb Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in Section 15.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Airbnb Payments each retain the right to seek relief in small claims court as an alternative to arbitration 15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Airbnb Payments each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Airbnb Payments by mailing it to Airbnb Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Airbnb Payments will send its notice of dispute to the email address associated with your Airbnb account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 15.4 Agreement to Arbitrate. You and Airbnb Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb Payments agree that the arbitrator will decide that issue. 15.5 Exceptions to Arbitration Agreement. You and Airbnb Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and Airbnb Payments agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Airbnb Payments agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. 15.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airbnb Payments will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 15.10 Jury Trial Waiver. You and Airbnb Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 15.11 No Class Actions or Representative Proceedings. You and Airbnb Payments acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect. 15.13 Changes to Agreement to Arbitrate. If Airbnb Payments changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Airbnb Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb Payments. 15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Airbnb account. 16. Miscellaneous 16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Airbnb Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Airbnb Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 16.2 No Waiver. Airbnb Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law. 16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Airbnb Payments’ prior written consent. Airbnb Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Airbnb Payments UK). 16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Airbnb Payments via email or Airbnb Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Airbnb Payments transmits the notice. 17. Additional Clauses for Users Contracting with Airbnb Payments UK The following paragraphs will apply if you are contracting with Airbnb Payments UK: 17.1 Payment Service User 17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Airbnb Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Airbnb Payments UK treats Hosts as the “payment service user.” 17.1.2 By agreeing to these Payments Terms you as a Host have consented to Airbnb Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Airbnb Payments UK will be deemed to have received the Host's payment order to the Host on the same date Airbnb Payments UK agrees to initiate the Payout in accordance with Section 3.3 17.1.3 Airbnb Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following Airbnb Payments UK’s initiation of the Payout. 17.1.4 Communication. Airbnb Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address. 17.2 Resolution Procedures for Diverted Payouts 17.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Airbnb account (“Credentials”) are lost or stolen, you should notify Airbnb Payments UK pursuant to Section 21 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £35. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment. 17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Airbnb Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. 17.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Airbnb Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. 17.2.4 Any complaints about the Payment Services should be made to Airbnb Payments UK pursuant to Section 21. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Airbnb Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service. 17.3 For Hosts and Guests with Mexico As Country of Residence If Mexico is your country of residence, (i) upon successful receipt of payment from the Guest following a Host's acceptance of the Guest’s booking request, Airbnb Payments generally holds such funds due to the Host in temporary custody until it is released to the Host in accordance with Section 3.3.1, and (ii) the payment to the Host will be effective only upon the start of the Host's Services and in accordance with Section 3.3.1. Airbnb may be required to withhold taxes per applicable local laws, and such taxes will be due upon Airbnb Payment’s release of the Host Payout. 18. Additional Clauses for Users Contracting with Airbnb Brazil The following paragraph will apply if you are contracting with Airbnb Brazil: 18.1 Installment Feature for Users with Brazil As Country of Residence Section 2, “Guest Terms”, shall be amended by adding the following subsection: “You acknowledge that if your country of residence is Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You acknowledge that the Total Price may be increased when you choose to pay for your booking in installments as a result of expenses related to the use of credit card and/or other forms of installment plans (“Interest Fee”). You agree that you are solely responsible for the payment of the Interest Fee, and Airbnb Brazil is only responsible for collecting and transferring those amounts to the applicable third-party payment service provider. You authorize the applicable third-party payment service provider to automatically charge the original Payment Method you used to make the booking.. Your use of the installment feature may be subject to additional terms and conditions imposed by the applicable third-party payment service provider. If your booking is canceled for any reason, the Interest Fee will be refunded to the Payment Method you used to make the booking. If you make a modification to a booking payable in installments, and the Booking Modification lowers your Total Price, you will not be refunded any portion of the Interest Fee. Refunds will be initiated and remitted by Airbnb Payments in accordance with these Payments Terms.” 18.2 Depending on the country of residence of guests and hosts, payments due to hosts and applicable fees like Airbnb service fees may require the execution of foreign exchange agreements or other related measures, as per applicable legislation. 18.3 On and after April 1, 2022, iIf you are a resident in Brazil and make a booking with a Host residing outside of Brazil using local currency, by using the Payment Services you acknowledge and agree that Airbnb Brazil acts as a payment collection agent of the Host residing outside of Brazil. Airbnb Brazil is also the entity with whom you are contracting for the use of the Airbnb Platform, as set forth in the Terms. 18.4 You authorize Airbnb Brazil, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), tax ID, your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Airbnb Brazil reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. 18.5 When processing payments from a Member, Airbnb Brazil (and/or third parties contracted by you or by Airbnb Brazil on your behalf) may retain and/or report to the competent authorities (when applicable) information relating to the Member and/or the respective transaction to comply with applicable legislation and certain regulatory controls, and prevention of money laundering activities. 19. Additional Clauses for Users Contracting with Airbnb China The following paragraphs will apply if you are a Host, including each Host Team member, contracting with Airbnb China: 19.1 Certain Payment Services applicable to Hosts may be provided by local third-party payment service providers which, under applicable laws and regulations, hold certain permits or licenses in China and which are engaged by Airbnb China to provide the relevant Payment Services. 19.2 In such situations where the relevant Payment Services are provided by a third-party payment service provider, each Host, including each Host Team member, hereby appoints any local third-party payment service providers engaged by Airbnb China (rather than Airbnb China itself) to serve as the Host’s payment collection agent, solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the behalf of Hosts. In such instances, the rights and obligations provided to Airbnb Payments under Section 4 of these Payment Terms will instead be provided to the third-party payment service providers engaged by Airbnb China to act as limited payment collection agents. 19.3 In addition, Hosts may be required to enter into a separate service agreement with such third-party payment service providers regarding the provision of the relevant Payment Services. In the case of any conflict between these Payment Terms and the terms set forth in such agreements, the terms of such agreements will prevail to the extent of the inconsistency. For the avoidance of doubt, and notwithstanding any provisions under Section 14.2 of these Payment Terms, any separate agreements entered into between you and such third-party payment service providers may potentially provide for a different governing law and/or different dispute resolution procedures than those provided under these Payment Terms. 19.4 You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of any Payment Services provided by local third-party payment service providers shall remain with you, or be allocated according to the terms of the separate service agreements you enter with such third-party payment service providers regarding the provision of such Payment Services. Airbnb Payments shall not be liable for any Payment Services offered by such third-party payment service providers. 20. Additional Clauses for Users that are Businesses The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity). 20.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf. 20.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority. 20.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement. 20.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Airbnb for Work, as permitted by your account, you authorize Airbnb Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party. 20.5 For any Payout Method linked to your Airbnb account, you authorize Airbnb Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Airbnb account and take any other action as permitted in the Payments Terms in respect of the Payout Method. 20.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp. 21. Contacting Airbnb Payments You may contact Airbnb Payments regarding the Payment Services using the information below: Entity Contact Information Airbnb Payments, Inc. 888 Brannan Street San Francisco, CA 94103 United States of America +1 (844) 234-2500 payments.legal@airbnb.com Airbnb Payments UK Ltd. Please contact Airbnb Customer Service if you need assistance with updating your personal or business information. If you would like to make a complaint, please write to us at: 100 New Bridge Street London, EC4V 6JA United Kingdom or via email to: complaints.payments@airbnb.com or call us on: +44 203 318 1111 Company Number: 09392688 Airbnb Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596. Airbnb Internet (Beijing) Co., Ltd.安彼迎网络（北京）有限公司 01B, Unit 1401, 14th Floor East Tower World Financial Center No.1, East Third Ring Middle Road Chaoyang District, Beijing, China 100020 (北京市朝阳区东三环中路 1 号环球金融中心东塔 14 楼 1401 单元 01B) +86 400 889 7054 Airbnb Payments India Pvt. Ltd. Level 9, Spaze i-Tech Park A1 Tower, Sector-49, Sohna Road Gurugram INDIA 122018 apac-payments-legal@airbnb.com Airbnb Payments Australia Pty. Ltd. 58 Gipps Street Collingwood VIC 3066 Australia apac-payments-legal@airbnb.com Before April 1, 2022, Airbnb Pagamentos Brasil Ltda. On and after April 1, 2022, Airbnb Plataforma Digital Ltda. Rua Aspicuelta 422 conjunto 51 CEP: 05433-010 Sao Paulo - SP - Brazil +0800 878 7918 Airbnb Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us. Payments Terms of Service for European Users If you attempt to bring any legal claim against Airbnb Payments in the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. Please read them carefully. As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Airbnb Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom. Last Updated: 10 February 2022 These Payments Terms of Service for European Users (“Payments Terms”) are a binding legal agreement between you and Airbnb Payments that govern the Payment Services (defined below) conducted through or in connection with the Airbnb Platform. When these Payments Terms mention “Airbnb Payments,” “we,” “us,” or “our,” it refers to: Airbnb Payments Luxembourg S.A. (“Airbnb Payment Luxembourg”) if your country of residence is in the EEA. Airbnb Payments UK Ltd. (“Airbnb Payments UK”) if your country of residence is in the United Kingdom or Switzerland. Airbnb Payments provides payments services to Members publishing, offering and booking Accommodations, Experiences or other Host Services, including services in connection with the Open Homes Program and other current and future services provided via the Airbnb Platform. These payment services may include (if available) the following (collectively, “Payment Services”): Collecting payments from Guests (“Payin”), by charging the payment method associated with their Airbnb account, such as credit card, debit card, bank account or PayPal account (“Payment Method”); Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Airbnb account, such as a PayPal account, bank account, direct deposit, a prepaid card, or a debit card (“Payout Method”); Effecting payments to a third-party Payout Method designated by a Host; Collection and payment of charitable donations; Payment collection services; and Other payment related services in connection with Host Services. In order to use the Payment Services, you must be at least 18 years old, must have an Airbnb account in good standing in accordance with the Airbnb Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete. If you change your country of residence, the Airbnb company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the Airbnb Payments company with whom you contract will stay the same for all bookings made prior to your change of residence. The Terms separately govern your use of the Airbnb Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms. Table of Contents Your use of the Payment Services Guest Terms Host Terms Appointment of Airbnb Payments as Limited Payment Collection Agent General Terms Damage Claims and Damage Amounts Abandoned Property Prohibited Activities Force Majeure Disclaimers Liability Indemnification Modification, Term, Termination, and other Measures Governing Law and Dispute Resolution United States Arbitration Agreement Miscellaneous Additional Clauses for Users Contracting with Airbnb Payments UK Additional Clauses for Users Contracting with Airbnb Payments Luxembourg Additional Clauses for Users that are Businesses Contacting Airbnb Payments 1. Your use of the Payment Services 1.1 Airbnb Payment Services. By using the Payments Services, you agree to comply with these Payment Terms. Airbnb Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Airbnb Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Airbnb Payments will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms. 1.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Airbnb Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Airbnb Payments of those Third-Party Services. 1.3 Your Airbnb Account. Airbnb Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Airbnb account. You may authorize a third party to use your Airbnb account if the feature is enabled for your Airbnb account. You acknowledge and agree that anyone you authorize to use your Airbnb account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person. If you reside in the EEA and contract with Airbnb Payments Luxembourg, this Section 1.3 does not apply to you. 1.4 Verification. You authorize Airbnb Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Airbnb Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. 1.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise. 2. Guest Terms 2.1 Adding a Payment Method. When you add a Payment Method to your Airbnb account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Airbnb Payments or its third-party payment processor(s). You authorize Airbnb Payments and its payment service providers to collect and store your Payment Method information. 2.2 Payment Method Verification. When you add or use a new Payment Method, Airbnb Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Airbnb account so it can be used for a future transaction. You can remove the Payment Method from your Airbnb account as long as it is not associated with an active or future reservation. 2.3 Payment Authorization. You allow Airbnb Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Airbnb account, including Damage Claim amounts in accordance with the Terms and with Section 6. 2.4 Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file. 2.5 Timing of Payment. Airbnb Payments generally charges the Total Price due after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), Airbnb Payments will collect the Total Price due at the time of your booking request or after the Host accepts your booking request. Airbnb Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Airbnb Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Airbnb Payments is unable to collect the Total Price due, as scheduled, Airbnb Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email. 2.6 Currency. Airbnb Payments will process each transaction in the currency you select via the Airbnb Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence and/or your Airbnb Payments contracting entity(ies). Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payment Method. Note that if your Airbnb Payments contracting entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate. 2.7 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Airbnb cancels the booking, any amounts collected by Airbnb Payments and due to you pursuant to the policies described in Section 5.5,, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable) in accordance with Section 5.5.2. 2.8 Payment Restrictions. Airbnb Payments reserves the right to decline or limit payments that we believe (i) may violate Airbnb Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Airbnb, Airbnb Payments, or others to risks unacceptable to Airbnb Payments. 2.9 Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method. 2.10 Your Payment Method, Your Responsibility. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. 2.11 Different Ways to Pay 2.11.1 Payment Plan 2.11.1.1 Airbnb Payments may make available to Guests the option to pay a portion of the booking’s Total Price at the time of booking and pay the remainder of the Total Price at a later time prior to check-in (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method. 2.11.1.2 If you choose a Payment Plan, the Airbnb Platform will notify you during check out of the amount, currency and schedule of each payment due. On the following payments due date, Airbnb Payments will automatically charge the original Payment Method you used to make the booking. 2.11.1.3 If you make a modification to a booking made with a Payment Plan, Airbnb Payments will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification. 2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule. 2.11.1.5 If Airbnb Payments is unable to collect your payment, Airbnb Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. If you fail to complete the payment, you authorize Airbnb to cancel the booking on your behalf. If the booking is canceled, you will be refunded based on the Host’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Host’s cancellation policy. 2.11.2 Recurring Payments 2.11.2.1 For certain bookings (such as for Accommodation bookings of twenty-eight (28) nights or more), Airbnb Payments may require a Guest to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Airbnb Platform if applicable to a booking. 2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Airbnb Payments to collect the Total Price due. 2.11.2.3 Guests may stop a Recurring Payment by notifying Airbnb Payments orally or in writing at least three (3) business days before the scheduled date of the payment. Airbnb Payments may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Airbnb Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Airbnb Payments. 3. Host Terms 3.1 Payment Collection. Airbnb Payments generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise. 3.2 Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Airbnb account. When you add a Payout Method to your Airbnb account, you will be asked to provide information such as name, billing address, and financial instrument information either to Airbnb Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Airbnb Payments requires for a valid Payout Method may change, and Airbnb Payments may request additional information at any time; failing to provide requested information may result in Airbnb Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Airbnb Payments to collect and store your Payout Method information. Airbnb Payments may also share your information with governmental authorities as required by applicable law. 3.3 Timing of Payout 3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Airbnb Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the Airbnb Platform. For Accommodation bookings of twenty-eight (28) nights or more, Airbnb Payments will generally initiate the first payout 24 hours after the Guest’s scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation. 3.3.2 Airbnb Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions.The time it takes to receive Payouts once released by Airbnb Payments may depend upon the Payout Method you select. 3.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Airbnb service fees and applicable taxes. In the event of cancellation of a confirmed booking, Airbnb Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy. 3.5 Payout Restrictions. Airbnb Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Airbnb Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below). 3.6 Currency Conversion. Airbnb Payments will remit your Payouts in the currency you select via the Airbnb Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Airbnb contracting entity(ies). Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payout Method. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select, and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. 3.7 Limits on Payouts. For compliance or operational reasons, Airbnb Payments may limit the amount of a Payout. If you are due an amount above that limit, Airbnb Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount. 3.8 Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method. 3.9 Your Payout Method, Your Responsibility. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you. 3.10 Different ways to get paid 3.10.1 Split Payouts If you provide Host Services jointly with one or more other Hosts as part of a team, business or other organization (“Host Team”), Airbnb may make available to such Hosts the option to allocate between the members of the Host Team the total Host Payout for a booking. Airbnb Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions. 4. Appointment of Airbnb Payments as Limited Payment Collection Agent 4.1 Each Host, including each Host Team member, hereby appoints Airbnb Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf. 4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Airbnb Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. Each Host agrees that Airbnb Payments may refund the Guest in accordance with the Terms. Each Host understands that Airbnb Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. Airbnb Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Airbnb Payments from Guests in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Airbnb Payments assumes no liability for any acts or omissions of the Host. 4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Airbnb Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Airbnb Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Guest’s payment of the funds to Airbnb Payments, the Guest’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Airbnb Payments is responsible for remitting the funds successfully received by Airbnb Payments to the Host(s) in the manner described in these Payments Terms. In the event that Airbnb Payments does not remit any such amounts, the Host(s) will have recourse only against Airbnb Payments and not the Guest directly. 5. General Terms 5.1 Fees. Airbnb Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Airbnb Platform. 5.2 Payment Authorizations. You authorize Airbnb Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Airbnb account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Airbnb Payments to collect from you: Any amount due to Airbnb or Airbnb Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Airbnb Platform), including reimbursement for costs prepaid by Airbnb or Airbnb Payments on your behalf. Any funds collected by Airbnb Payments will set off the amount owed by you to Airbnb or Airbnb Payments and extinguish your obligation to Airbnb or Airbnb Payments. Any amount due to a Host from a Guest which Airbnb collects as the Host’s payment collection agent as further set out in Section 4 above. Taxes, where applicable and as set out in the Terms. Any amount you pay through the Resolution Center in connection with your Airbnb account. Any Damage Claim amounts owed to Airbnb or Airbnb Payments in accordance with the Terms and Section 6. Overstay penalties payable under the Terms, including any cost and expenses incurred in collecting the overstay penalty. Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking). Any amounts already paid to you as a Host despite a Guest cancelling a confirmed booking or Airbnb deciding that it is necessary to cancel a booking in accordance with the Terms, Guest Refund Policy, Experiences Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, Airbnb Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you. If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments or Damage Claims (“Additional Amounts”), you hereby authorize and grant Airbnb Payments a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Airbnb Payments will notify you in writing before any Additional Amounts are charged. If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Airbnb Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Airbnb account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you. If Airbnb has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Airbnb Payments released the payout for such stay, Airbnb Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you. In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Airbnb Payments collection of these amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges. 5.3 Collections 5.3.1 If Airbnb Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Airbnb Payments may engage in collection efforts to recover such amounts from you. 5.3.2 Airbnb Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Airbnb Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Airbnb account or the associated services have been provided, whichever is later. 5.3.3 Airbnb Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Airbnb Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Airbnb account or the associated services have been provided, whichever is later. 5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Airbnb and/or Airbnb Payments by you. Such communications may be made by Airbnb, Airbnb Payments, or by anyone on their behalf, including but not limited to a third-party collection agent. 5.4 Payment Processing Errors 5.4.1 Airbnb Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Airbnb Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. 5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Airbnb Payments. 5.5 Refunds 5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, Guest Refund Policy, and Experiences Guest Refund Policy, will be initiated and remitted by Airbnb Payments in accordance with these Payments Terms. 5.5.2 Subject to this Section 5.5.2, Airbnb Payments will initiate the refund process immediately. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Airbnb Platform. However, the time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Airbnb Payments will initiate and process the refund as soon as is practicable. 6. Damage Claims and Damage Amounts 6.1 If Airbnb determines that you are responsible for Damage Claim amounts pursuant to the Terms, you authorize Airbnb via Airbnb Payments to charge the Payment Method used to make the booking in order to collect the Damage Claim amounts, up to a maximum amount as set by Airbnb that may vary by country/region. If Airbnb via Airbnb Payments is unable to collect from the Payment Method used to make the booking, you agree that Airbnb via Airbnb Payments may charge any other Payment Method on file in your Airbnb account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s)) 6.2 You agree that Airbnb Payments may seek to recover from you under any insurance policies you maintain and that Airbnb Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim or payment requests made by Hosts under the Host Damage Protection. 7. Abandoned Property If Airbnb Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws. 8. Prohibited Activities 8.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to: breach or circumvent any applicable laws or regulations; breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards; use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms; register or use any Payment Method or Payout Method with your Airbnb account that is not yours or you do not have authorization to use; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airbnb Payments or any of Airbnb Payments’ providers or any other third party to protect the Payment Services; take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or violate or infringe anyone else’s rights or otherwise cause harm to anyone. 8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, the U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government, UK or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction. 9. Force Majeure Airbnb Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Airbnb or Airbnb Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”). 10. Disclaimers 10.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied. 10.2 Notwithstanding Airbnb Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Airbnb Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Airbnb Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded. 10.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. 10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law. 11. Liability 11.1 If you reside in the UK or Switzerland and contract with Airbnb Payments UK you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Airbnb account in any way, you are responsible for the actions taken by that person. Neither Airbnb Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Airbnb Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection, in no event will Airbnb Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Airbnb Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Airbnb Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airbnb Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Airbnb Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 11.2 If you reside in the EEA and contract with Airbnb Payments Luxembourg, Section 11.1 does not apply, and Airbnb Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Airbnb Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Airbnb Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Airbnb Payments is excluded to the maximum extent allowed by applicable law. 12. Indemnification To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb Payments’ option), indemnify, and hold Airbnb Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. If your country of residence is in the EEA, the indemnification obligation according to this Section 12 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. 13. Modification, Term, Termination, and other Measures 13.1 Modification. When we propose changes to these Payments Terms, we will post the revised Payments Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Payments Terms. We will provide you with notice of the modification at least two (2) months before the date they become effective. If the proposed changes to these Payments Terms are material, you will be asked to explicitly accept the revised Payments Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so and your right to terminate this agreement at any time before the effective date of the proposed changes as provided in these Payments Terms. In case of (i) non-material changes to these Payments Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the Payment Services provided by Airbnb Payments or (ii) changes that are required by law, a legally binding court decision or binding order of a competent authority, your continued use of the Payment Services after the effective date of the proposed changes will constitute acceptance of the revised Payments Terms. 13.2 Term. This agreement between you and Airbnb Payments reflected by these Payments Terms is effective when you create an Airbnb account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3. 13.3 Termination. You may terminate this agreement at any time by sending us an email or by deleting your Airbnb account. Terminating this agreement will also serve as notice to cancel your Airbnb account pursuant to the Terms. Without limiting our rights specified below, Airbnb Payments may terminate this agreement for convenience at any time by giving you two (2) months’ prior notice. Airbnb Payments may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Airbnb Payments believes in good faith that such action is reasonably necessary to protect other Members, Airbnb, Airbnb Payments, or third parties. 13.4 Suspension and Other Measures. Airbnb Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Airbnb Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Airbnb, its Members, Airbnb Payments, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method. 13.5 Appeal. If Airbnb Payments takes any of the measures described in Section 13.3 and 13.4 you may appeal such a decision by contacting customer service. 13.6 Effect of Termination. If you cancel your Airbnb account as a Host or Airbnb Payments takes any of the measures described above, Airbnb Payments may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Airbnb account as a Guest, Airbnb Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Airbnb account or attempt to access and use the Payment Services through an Airbnb account of another Member. 13.7 Survival. Unless your country of residence is in the EEA, Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement. 14. Governing Law and Dispute Resolution 14.1 If you are contracting with Airbnb Payments UK, these Payments Terms will be interpreted in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts. 14.2 If you are contracting with Airbnb Payments Luxembourg, these Payments Terms will be interpreted in accordance with Luxembourg law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in Luxembourg. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts. 15. United States Arbitration Agreement 15.1 Application. This Arbitration Agreement only applies to you if you are contracting with Airbnb Payment US. If you are not contracting with Airbnb Payments US, and you nevertheless attempt to bring any legal claim against Airbnb Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. 15.2 Overview of Dispute Resolution Process. Airbnb Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in Section15.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Airbnb Payments each retain the right to seek relief in small claims court as an alternative to arbitration. 15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Airbnb Payments each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Airbnb Payments by mailing it to Airbnb Payments’ agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Airbnb Payments will send its notice of dispute to the email address associated with your Airbnb account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org). 15.4 Agreement to Arbitrate. You and Airbnb Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb Payments agree that the arbitrator will decide that issue. 15.5 Exceptions to Arbitration Agreement. You and Airbnb Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or, (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and Airbnb Payments agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. 15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. 15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Airbnb Payments agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in San Francisco County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator. 15.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airbnb Payments will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules. 15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. 15.10 Jury Trial Waiver. You and Airbnb Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. 15.11 No Class Actions or Representative Proceedings. You and Airbnb Payments acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. 15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect. 15.13 Changes to Agreement to Arbitrate. If Airbnb Payments changes this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Airbnb Payments (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb Payments. 15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7, this Section 15 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Airbnb account. 16. Miscellaneous 16.1 Interpreting these Payments Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Airbnb Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Airbnb Payments and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 16.2 No Waiver. Airbnb Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law. 16.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Airbnb Payments’ prior written consent. Airbnb Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months’ prior notice. 16.4 Notices. Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Airbnb Payments via email or Airbnb Platform notification, and depending on your notification setting, messaging service (including SMS and WeChat). The date of receipt will be deemed the date on which Airbnb Payments transmits the notice. 16.5 Language. If you are contracting with Airbnb Payments Luxembourg, this agreement is concluded in the language as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language. 17. Additional Clauses for Users Contracting with Airbnb Payments UK The following paragraphs will apply if you are contracting with Airbnb Payments UK: 17.1 Payment Service User 17.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Airbnb Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Airbnb Payments UK treats Hosts as the “payment service user.” 17.1.2 By agreeing to these Payments Terms you as a Host have consented to Airbnb Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Airbnb Payments UK will be deemed to have received the Host's payment order to the Host on the same date Airbnb Payments UK agrees to initiate the Payout in accordance with Section 3.3 17.1.3 Airbnb Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following Airbnb Payments UK’s initiation of the Payout. 17.1.4 Communication. Airbnb Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address. 17.2 Resolution Procedures for Diverted Payouts 17.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Airbnb account (“Credentials”) are lost or stolen, you should notify Airbnb Payments UK pursuant to Section 20 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £35. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment. 17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Airbnb Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. 17.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Airbnb Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. 17.2.4 Any complaints about the Payment Services should be made to Airbnb Payments UK pursuant to Section 20. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Airbnb Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offers a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service. 18. Additional Clauses for Users Contracting with Airbnb Payments Luxembourg The following paragraphs will apply if you are contracting with Airbnb Payments Luxembourg: 18.1 Payment Service User 18.1.1 The Payment Services include the payment service provided to Hosts contracting with Airbnb Payments Luxembourg. The Payment Services constitute “payment services” regulated under the modified Law of 10 November 2009 on payment services (“Law of 2009”) and for these purposes Airbnb Payments Luxembourg treats Hosts as the “payment service user” according to the Law of 2009. 18.1.2 By agreeing to these Payments Terms you as Host have consented to Airbnb Payments Luxembourg’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Airbnb Payments Luxembourg will be deemed to have received the Host's payment order to the Host on the same date Airbnb Payments Luxembourg agrees to initiate the Payout in accordance with Section 3.3. 18.1.3 In the relation between you and Airbnb Payments Luxembourg, the legal provisions relating to the form of and procedure for giving consent to the initiation of a payment order or the execution of a payment transaction and the withdrawal of such consent such as Articles 81 and 93 of the Law 2009 on payment services shall apply at any time. 18.1.4 Airbnb Payments Luxembourg will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following Airbnb Payments Luxembourg’s initiation of the Payout. 18.1.5 Communication. Airbnb Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address. 18.2 Resolution Procedures for Diverted Payouts 18.2.1 If you as a Host believe that a Payout is a Diverted Payout because your Credentials are lost or stolen or in case of an unauthorized, incorrectly initiated or incorrectly executed payment transaction, you should notify Airbnb Payments Luxembourg pursuant to Section 20 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of 50€. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months following the debit date, you may be entitled to a refund of that payment. 18.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Airbnb Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. 18.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Airbnb Payments Luxembourg will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. 18.3 Out-of-court complaints Any complaint, namely relating to any loss, theft, misappropriation or unauthorized use in connection with the Payment Services, or unauthorized or erroneous transactions should be made in writing to Airbnb Payments Luxembourg pursuant to Section 20. In case you did not receive an answer or a satisfactory answer from Airbnb Payments Luxembourg within one month from the date the complaint was sent, you may file your request with the supervisory authority of Airbnb Payments Luxembourg, the CSSF (as defined in Section 20) within one year after you filed your complaint with Airbnb Payments Luxembourg. The CSSF will act as an out-of-court complaint resolution body. The request must be filed with the CSSF in writing, by post or by fax to the CSSF or by email to the address/number available on the CSSF website, or online on the CSSF website. The request shall be filed in English, French, German or Luxembourgish. The request shall be supported by a statement of the reasons on which it is based together with the following documents: a detailed and chronological statement of the facts underlying the complaint and the steps already taken by you; a copy of the prior complaint made to Airbnb Payments Luxembourg; a copy of the answer to the prior complaint or the confirmation that you did not receive an answer one month after you sent your prior complaint; the statement that you did not refer the matter to a court, an arbitrator or another out-of-court complaint resolution body in Luxembourg or abroad; your agreement with the request handling conditions of the CSSF as body responsible for the out-of-court resolution of your complaint; your express authorization so that the CSSF can transmit its request (including the attachments) as well as any future correspondence or information to Airbnb Payments Luxembourg; in the case where a person acts on your behalf, a document showing that the person is legally entitled to act so; and a copy of your valid ID document. 18.4. For Guests with France As Country of Residence. Notwithstanding anything to the contrary in the Payments Terms, for the avoidance of any doubt, in connection with Guests who reside in France, the Total Price, installments or periodic payments, including Recurring Payments, collected by Airbnb Payments from such Guest are down payments (“acomptes”) within the meaning of French law. 18.5 Outsourcing. We use a variety of service providers (some belonging to the Airbnb group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you (provided in connection with your Airbnb account) such as your beneficial owners and representatives, to a number of service providers in the context of outsourcing arrangements regarding technical (including IT), operational, payment processing, internal control, customer due diligence (including background or police checks), fraud prevention, risk assessment, product development, maintenance and debugging, advertising, processing of insurance claims, customer support and other services. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owners and representatives. The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction). The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. Such data transfers will take place throughout the term of the business relationship between us and you as well as for an additional period as permitted by law after the end of the business relationship. You acknowledge that the transferred data is no longer protected by Luxembourg professional secrecy after its transfer. 19. Additional Clauses for Users that are Businesses The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity). 19.1 You accept the Payments Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf. 19.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority. 19.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement. 19.4 If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Airbnb for Work, as permitted by your account, you authorize Airbnb Payments to charge your Payment Method for bookings requested by employees at your company or other permitted third-party. 19.5 For any Payout Method linked to your Airbnb account, you authorize Airbnb Payments to store the Payout Method, remit payments using the Payout Method for bookings associated with your Airbnb account and take any other action as permitted in the Payments Terms in respect of the Payout Method. 19.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp. 20. Contacting Airbnb Payments You may contact Airbnb Payments regarding the Payment Services using the information below: Entity Contact Information Airbnb Payments UK Ltd. Please contact Airbnb Customer Service if you need assistance with updating your personal or business information. If you would like to make a complaint, please write to us at: 100 New Bridge Street London, EC4V 6JA United Kingdom or via email to: complaints.payments@airbnb.com or call us on: +44 203 318 1111 Company Number: 09392688 Airbnb Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596. Airbnb Payments Luxembourg S.A. Please contact Airbnb Customer Service if you need assistance with updating your personal or business information. If you would like to make a complaint, please write to us at: 4, rue Henri Schnadt L-2530 Luxembourg, Luxembourg or via email to: APLComplaints@airbnb.com Airbnb Payments Luxembourg S.A. is authorised and regulated by the Commission de Surveillance du Secteur Financier (“CSSF”) with reference number Z21, established at 283, route d’Arlon, L-1150 Luxembourg (Tel.: (+352) 26 25 1 – 1). You can find more information about the CSSF on its website at https://www.cssf.lu. Anti-Discrimination Policy Last updated: February 10, 2022 Airbnb is, at its core, an open community dedicated to bringing the world closer together by fostering meaningful, shared experiences among people from all parts of the world. Our community includes millions of people from virtually every country on the globe. It is an incredibly diverse community, drawing together individuals of different cultures, values, and norms. The Airbnb community is committed to building a world where people from every background feel welcome and respected, no matter how far they have traveled from home. This commitment rests on two foundational principles that apply both to Airbnb’s hosts and guests: inclusion and respect. Our shared commitment to these principles enables all members of our community to feel welcome on the Airbnb platform no matter who they are, where they come from, how they worship, or whom they love. Airbnb recognizes that some jurisdictions permit, or require, distinctions among individuals based on factors such as national origin, gender, marital status or sexual orientation, and it does not require hosts to violate local laws or take actions that may subject them to legal liability. Airbnb will provide additional guidance and adjust this nondiscrimination policy to reflect such permissions and requirements in the jurisdictions where they exist. While we do not believe that one company can mandate harmony among all people, we do believe that the Airbnb community can promote empathy and understanding across all cultures. We are all committed to doing everything we can to help eliminate all forms of unlawful bias, discrimination, and intolerance from our platform. We want to promote a culture within the Airbnb community—hosts, guests and people just considering whether to use our platform—that goes above and beyond mere compliance. To that end, all of us, Airbnb employees, hosts and guests alike, agree to read and act in accordance with the following policy to strengthen our community and realize our mission of ensuring that everyone can belong, and feels welcome, anywhere. Inclusion – We welcome people of all backgrounds with authentic hospitality and open minds. Joining Airbnb, as a host or guest, means becoming part of a community of inclusion. Bias, prejudice, racism, and hatred have no place on our platform or in our community. While hosts are required to follow all applicable laws that prohibit discrimination based on such factors as race, religion, national origin, and others listed below, we commit to do more than comply with the minimum requirements established by law. Respect – We are respectful of each other in our interactions and encounters. Airbnb appreciates that local laws and cultural norms vary around the world and expects hosts and guests to abide by local laws, and to engage with each other respectfully, even when views may not reflect their beliefs or upbringings. Airbnb’s members bring to our community an incredible diversity of background experiences, beliefs, and customs. By connecting people from different backgrounds, Airbnb fosters greater understanding and appreciation for the common characteristics shared by all human beings and undermines prejudice rooted in misconception, misinformation, or misunderstanding. Specific Guidance for Hosts in the United States, European Union, and Canada As a general matter, we will familiarize ourselves with all applicable federal, state, and local laws that apply to housing and places of public accommodation. Some jurisdictions may have additional legal requirements that expand or limit the civil right protections of the user community. Hosts are required to comply with such legal requirements. Hosts should contact Airbnb customer service if they have any questions about their obligations to comply with this Airbnb Nondiscrimination Policy. Airbnb will release further discrimination policy guidance for jurisdictions outside the United States in the near future. Guided by these principles, our U.S., EU, and Canadian host community will follow these rules when considering potential guests and hosting guests: Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status Airbnb hosts may not: Decline a booking based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status. Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status. Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status. Gender Identity Airbnb does not assign a gender identity to our users. We consider the gender of individuals to be what they identify and/or designate on their user profiles, and we expect our Airbnb community to do the same. This includes respecting the pronouns (he/him, she/her, they/them, etc.) any users within the community identify themselves with. Airbnb hosts may not: Decline a booking from a guest based on gender identity unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest. Impose any different terms or conditions based on gender unless the host shares living spaces with the guest. Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest. Airbnb hosts may: Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest. Age and Familial Status Airbnb hosts may not: Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status, where prohibited by law. Airbnb hosts may: Provide factually accurate information about their listing’s features (or lack of them) that could make the listing unsafe or unsuitable for guests of a certain age or families with children or infants. Note in their listings applicable community restrictions (e.g., senior housing), regulations, or laws that prohibit guests under a particular age or families with children or infants. Disability Airbnb hosts may not: Decline a guest based on any actual or perceived disability. Impose any different terms or conditions based on the fact that the guest has a disability. Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest. Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs. Prohibit or limit the use of mobility devices. Charge more in fees for guests with disabilities, including pet fees when the guest has a service animal. Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability. Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers). Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs. Airbnb hosts may: Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs. Personal Preferences Airbnb hosts may: Except as noted above, Airbnb hosts may decline a booking based on factors that are not prohibited by law. For example, except where prohibited by law, Airbnb hosts may decline a booking with pets, or to guests who smoke. Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions). These restrictions should be stated clearly in your house rules. For example, an Airbnb host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit. When guests are turned down. Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential guest, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons) undermine the strength of our community by making potential guests feel unwelcome, and Airbnb may suspend hosts who have demonstrated such a pattern from the Airbnb platform. Specific Guidance for Hosts Outside the United States, European Union, and Canada Outside of the United States, the European Union, and Canada, some countries or communities may allow or even require people to make accommodation distinctions based on, for example, marital status, national origin, gender or sexual orientation, in violation of our general nondiscrimination philosophy. In these cases, we do not require hosts to violate local laws, nor to accept guests that could expose the hosts to a real and demonstrable risk of arrest, or physical harm to their persons or property. Hosts who live in such areas should set out any such restriction on their ability to host particular guests in their listing, so that prospective guests are aware of the issue and Airbnb can confirm the necessity for such an action. In communicating any such restrictions, we expect hosts to use clear, factual, non-derogatory terms. Slurs and insults have no place on our platform or in our community. What happens when a host does not comply with our policies in this area? If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Airbnb may also, in its discretion, take steps up to and including suspending the host from the Airbnb platform. If the host improperly rejects guests on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Airbnb will take steps to enforce this policy, up to and including suspending the host from the platform. As the Airbnb community grows, we will continue to ensure that Airbnb’s policies and practices align with our most important goal: To ensure that guests and hosts feel welcome and respected in all of their interactions using the Airbnb platform. The public, our community, and we ourselves, expect no less than this. Additional Considerations The Nondiscrimination Policy applies to all parts of the Airbnb business. We recognize there are additional considerations that need to be made for varied offerings in the Airbnb Community. Here, we have included a few considerations that speak to those instances: Experiences Gender Exemption: Airbnb Experience hosts may offer a single gender experience if it is necessary to create a safe space (one that does not incite harm or danger and one that is not illegal), protect the safety and privacy of participants, and/or comply with legal or cultural requirements. Accessibility / Disability / Reasonable Accommodations: Due to the broad range of Experience offerings, Airbnb Experience hosts may need to inquire about guests’ abilities to participate in certain physical activities or inquire about guests’ accommodation needs to best prepare their Experiences. Additionally, we encourage Experience hosts to: Provide factually accurate information about the physical nature of an Experience to allow guests to assess for themselves whether the Experience is appropriate given their individual needs. Actively engage with guests who have disclosed disabilities and/or have questions regarding the accessibility of an experience, and to consider reasonable accommodation requests. Seek opportunities to provide reasonable accommodations where accommodating a request would not substantively change the nature of the activity. Privacy Policy For a list of Privacy Policies by jurisdiction, click here. Last Updated: February 10, 2022 Airbnb exists to help build connections between people and make the world more open and inclusive. In short—to build a world where anyone can belong anywhere. We are a community built on trust. A fundamental part of earning that trust means being clear about how we use your information and protecting your human right to privacy. This Privacy Policy describes how Airbnb, Inc. and its affiliates (“we,” “us,” or “Airbnb”), process personal information in relation to your use of the Airbnb Platform. Depending on where you live and what you are doing on the Airbnb Platform, the supplemental privacy pages listed below may apply to you. Please follow the links and review the supplemental information describing how we process personal information for those regions and services. IMPORTANT SUPPLEMENTAL INFORMATION Outside of the United States. If you reside outside of the United States, such as in the European Economic Area (“EEA”) visit our “Outside of the United States” page to learn about (i) the controller(s) of your personal information, (ii) legal bases, including legitimate interests, for collecting and processing your personal information, (iii) safeguards relied upon for transferring personal information outside the EEA, (iv) your rights, and (v) contact details of the controller(s) and Data Protection Officer. If you are resident in the EEA and Switzerland, Airbnb Payments Luxembourg SA, 4 rue Henri Schnadt, L-2350 Luxembourg, is the controller of your personal information in relation to Payment Services. Airbnb Payments UK Limited, 100 New Bridge Street, London, EC4V 6JA, United Kingdom, is the controller of your personal information. If you are resident in (a) Australia, for all Payment Services except for those in connection with booking any Host Service; (b) China, for Payments Services in connection with: (i) booking or offering any Host Service, located outside your country of residence, or (ii) booking a Host Service located in your country of residence where the Host resides outside your country of residence); (c) Brazil, for Payments Services in connection with: (i) booking a Host Service, located outside of Brazil, where the Host resides outside of Brazil and paying in foreign currency, or (ii) offering any Host Service, located outside Brazil, where the Guest booking the service resides outside of Brazil and pays in foreign currency* (d) India, for Payments Services in connection with (i) booking or offering any Host Service, located outside India, or (ii) offering a Host Service in India to a Guest who resides outside of India; or (e) Japan and all other countries other than the EEA, Switzerland and United States, for Payment Services for all activities. If you are resident in Australia, UK, the EEA and Switzerland, India, Brazil*, and all other countries outside of the United States except China and Japan, Airbnb Ireland UC, 8 Hanover Quay, Dublin 2, Ireland, is the controller of your personal information in relation to all activities other than Payment Services. If you reside in China, Airbnb Ireland UC is the controller of your personal information in relation to booking or offering any Host Service located outside China. If you reside in Japan, Airbnb Ireland UC is the controller of your personal information in relation to booking or offering any Host Service located outside Japan and Airbnb Global Services Limited is the controller for all other activities except for Payment Services. *If you reside in Brazil, Airbnb Plataforma Digital Ltda is the controller of your personal information in relation to all activities, including Payment Services, from April 1, 2022. To contact the Data Protection Officer (DPO) for Airbnb Ireland, click here. California and Vermont. If you reside in California or Vermont, visit our “California and Vermont” page to learn about specific privacy information that applies to you. China. If you reside in the People’s Republic of China, which for purposes of this Privacy Policy does not include Hong Kong, Macau and Taiwan (“China”), Airbnb Internet (Beijing) Co. Ltd. (安彼迎网络（北京）有限公司) (“Airbnb China”) is the controller of your personal information for all activities except in relation to the booking or offering of any Host Service located outside China. Visit our “China” page to learn more about the data controller and how your information is handled in relation to activities within China and your rights. Enterprise Customers and Airbnb for Work. If you use our enterprise services or have linked your account with an Airbnb for Work customer, visit our “Enterprise Customers and Airbnb for Work” page to learn about specific privacy information that applies to you. 1. DEFINITIONS Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”). 2. PERSONAL INFORMATION WE COLLECT 2.1 Information needed to use the Airbnb Platform. We collect personal information about you when you use the Airbnb Platform. Without it, we may not be able to provide all services requested. This information includes: Contact Information, Account, Profile Information. Such as your first name, last name, phone number, postal address, email address, date of birth, and profile photo, some of which will depend on the features you use. Identity Verification and Payment Information. Such as images of your government issued ID (as permitted by applicable laws), your ID number or other verification information, bank account or payment account information. ​​If you are not an Airbnb user, we may receive payment information relating to you, such as when an Airbnb user provides your payment card to complete a booking. If a copy of your ID is provided to us, we may scan, use, and store information contained in your ID to verify your identity. 2.2 Information you choose to give us. You can choose to provide us with additional personal information. This information may include: Additional Profile Information. Such as gender, preferred language(s), city, and personal description. Some of this information as indicated in your account settings is part of your public profile page and will be publicly visible. Information About Others. Such as a payment instrument belonging to another person or information about a co-traveler. By providing us with personal information about others, you certify that you have permission to provide that information to Airbnb for the purposes described in this Privacy Policy, have shared the Airbnb Privacy Policy with them, and they have read and understood that it applies to them. Address Book Contact Information. Address book contacts you import or enter manually. Other Information. Such as when you fill in a form, add information to your account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team and other Members, or share your experience with us. This may include health information if you choose to share it with us. 2.3 Information Automatically Collected by Using the Airbnb Platform and our Payment Services. When you use the Airbnb Platform and Payment Services, we automatically collect personal information. This information may include: Geo-location Information. Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings. We may also collect this information when you’re not using the app if you enable this through your settings or device permissions. Usage Information. Such as the pages or content you view, searches for Listings, bookings you have made, and other actions on the Airbnb Platform. Log Data and Device Information. Such as details about how you’ve used the Airbnb Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Airbnb Platform. We may collect this information even if you haven’t created an Airbnb account or logged in. Cookies and Similar Technologies as described in our Cookie Policy. Payment Transaction Information. Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address, and other related transaction details. 2.4 Personal Information We Collect from Third Parties. We collect personal information from other sources, such as: Third-Party Services. If you link, connect, or login to the Airbnb Platform with a third party service (e.g. Google, Facebook, WeChat), you direct the service to send us information such as your registration, friends list, and profile information as controlled by that service or as authorized by you via your privacy settings at that service. Background Information. For Members in the United States, to the extent permitted by applicable laws, we may obtain, for example, reports of criminal records, sex offender registrations, and other information about you and/or your background. For Members outside of the United States, to the extent permitted by applicable laws and with your consent where required, we may obtain the local version of police, background, or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports. Enterprise Product Invitations and Account Management. Organizations that use our Enterprise products may submit personal information to facilitate account management and invitations to use enterprise products. Referrals and co-travelers. If you are invited to the Airbnb Platform, such as a co-traveler on a trip, the person who invited you can submit personal information about you such as your email address or other contact information. Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data, or information to help detect fraud and safety issues from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Airbnb Platform, or about your experiences and interactions from our partners. We may receive health information, including but not limited to, health information related to contagious diseases. 3. HOW WE USE INFORMATION WE COLLECT If you reside outside of the United States, click here to learn about our legal bases for collection and processing personal information. We use personal information as outlined in this Privacy Policy. 3.1 Provide, Improve, and Develop the Airbnb Platform. Such as to: enable you to access the Airbnb Platform and make and receive payments, enable you to communicate with other Members, process your request, perform analytics, debug and conduct research, provide customer service, training, send you messages, updates, security alerts, and account notifications, if you provide us with your contacts’ information, such as your friends or co-travelers, we may process this information: (i) to facilitate your referral invitations, (ii) to share your trip details and facilitate trip planning, (iii) for fraud detection and prevention, and (iv) to facilitate your requests or for any other purpose you authorize, personalize and customize your experience based on your interactions with the Airbnb Platform, your search and booking history, your profile information and preferences, and other content you submit, and enable your use of our enterprise products. 3.2 Create and Maintain a Trusted and Safer Environment. Including to: detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity, study and combat discrimination consistent with our Nondiscrimination Policy, conduct security investigations and risk assessments, verify or authenticate information provided by you, conduct checks against databases and other information sources, including background or police checks, comply with our legal obligations, protect the health and well-being of our Guests, Hosts, Hosts’ employees, and members of the public, resolve disputes with our Members, including sharing information with your co-Host or additional Guests about disputes related to your role as a co-Host or additional Guest, enforce our agreements with third parties, comply with law, respond to legal requests, prevent harm, and protect our rights (see section 4.5), enforce our Terms and other policies (e.g. Nondiscrimination Policy), and in connection with the activities above, we may conduct profiling based on your interactions with the Airbnb Platform, your profile information and other content you submit to Airbnb, and information obtained from third parties. In limited cases, automated processes, which analyze your account and activities on the Airbnb platform as well as information in relation to activities on and off the Airbnb platform that can be associated with you, could restrict or suspend access to the Airbnb Platform if such processes detect activity that may pose a safety or other risk to Airbnb, our community, or third parties. If you would like to challenge decisions based on automated processes, please contact us via the Contact Information section below. 3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. For example to: send you promotional messages, marketing, advertising, and other information based on your preferences and social media advertising through social media platforms, personalize, measure, and improve our advertising, administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Airbnb or its third-party partners, analyze characteristics and preferences to send you promotional messages, marketing, advertising, and other information that we think might be of interest to you, and invite you to events and relevant opportunities. 3.4 Provide Payment services. Personal information is used to enable, or authorize third parties to use, Payment Services such as to: detect and prevent money laundering, fraud, abuse, and security incidents, conduct security investigations and risk assessments, comply with legal obligations (such as anti-money laundering regulations), enforce the Payment Terms and other payment policies, with your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences, and provide and improve Payment Services. 4. SHARING & DISCLOSURE If you reside outside of the United States, learn about safeguards we rely on for transferring personal information to recipients outside of the EEA here. 4.1 Sharing With Your Consent or at Your Direction. Where you provide consent, we share your information as described at the time of consent, such as when authorizing a third-party application or website to access your Airbnb account or participating in promotional activities by Airbnb partners or third parties. Where permissible under applicable law, we may use certain information about you such as your email address, de-identify it, and share it with social media platforms to generate leads, drive traffic to Airbnb, or otherwise promote our products and services. 4.2 Sharing Between Members. To help facilitate bookings or other interactions between Members, we may need to share certain information such as: When a booking request is made, when there is a co-host, or a dispute is submitted, certain information may be shared between Guest(s) and Host(s), including profile, name, names of any additional Guests, cancellation history, review information, age of guest (unless prohibited by applicable law), dispute outcome (when applicable), and other information you choose to share and submit. When a booking is confirmed, additional information is shared to assist with coordinating the trip, like profile photo and phone number. When you as a Host have a confirmed booking, certain information is shared with the Guest (and any additional Guests they invite, if applicable) to coordinate the booking, such as your profile, full name, phone number, and Listing address. When you as a Host invite another Member to host with you, you authorize that person to access and update your information and Member Content, including, but not limited to, certain information like your full name, phone number, Accommodation address, calendar, Listing information, Listing photos, and email address. When you as a Guest invite additional Guests to a booking, your name, travel dates, Host name, Listing details, Accommodation address, and other related information will be shared with each additional Guest. 4.3 Information You Publish in Profiles, Listings, and other Public Information. You can make certain information publicly visible to others, such as: Your public profile page, which includes your profile photo, first name (or initials where applicable), description, and city. Listing pages that include information such as the Accommodation or Experience’s approximate or precise location description, calendar availability, profile photo, aggregated demand information (like page views over a period of time), and additional information you choose to share. Reviews, ratings, and other public feedback. Content in a community or discussion forum, blog, or social media post. We may display parts of your public profile and other Content you make available to the public like Listing details on third-party sites, platforms, and apps. Information you share publicly on the Airbnb Platform may be indexed through third-party search engines. In some cases, you may opt-out of this feature in your account settings. 4.4 Host Service Providers. Hosts may use third-party services to help manage or deliver their services, such as cleaning services or lock providers. Hosts may use features on the Airbnb Platform to share information about the Guest (like check-in and check-out dates, Guest name, Guest phone number) with such third-party service providers. 4.5 Complying with Law, Responding to Legal Requests, Preventing Harm and Protecting our Rights. We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary to: (i) comply with our legal obligations, (ii) comply with a valid legal request (such as a subpoena or court order) or to respond to claims asserted against Airbnb, (iii) respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability (more information on Airbnb’s Law Enforcement Guidelines here), (iv) enforce and administer our agreements with Members, including our Terms, Additional Legal Terms, and Policies, or (v) protect the rights, property or personal safety of Airbnb, its employees, its Members, or members of the public. For example, if permitted due to the foregoing circumstances, Host tax information may be shared with tax authorities or other governmental agencies. Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Airbnb, our Members, or expose Airbnb to a claim of obstruction of justice. Where legally required or permissible according to applicable law, we may disclose Hosts’ and/or Guests’ information to tax authorities for the purpose of the tax authorities’ determination of proper compliance with relevant tax obligations. Relevant tax obligations include Airbnb’s tax obligations on its service fees, its facilitation of taxes on accommodations and withholding taxes, and Hosts’ individual tax obligations. Information that may be disclosed includes, but is not limited to, Host and Guest names, listing addresses, Host addresses, tax/business identification number(s), date of birth, and/or contact information, property parcel identification numbers, payout information, transaction dates and amounts, number of nights and Guests booked, gross and net booking value and payout amounts, taxes collected by Airbnb on behalf of Guests and Hosts, to the extent any of this information is known by Airbnb. In jurisdictions where Airbnb facilitates or requires a registration, notification, permit, or license application or number of a Host with a governmental authority, we may share information of participating Hosts with the relevant authority, both during the application process, when the Listing is published, and periodically thereafter, such as the Host’s full name and contact details, Accommodation address, tax identification number, registration, permit, or license number, Listing details, reservation information, and number of nights booked subject to applicable laws. 4.6 Programs with Managers and Owners. We may share personal information of Hosts and Guests with landlords, management companies, and/or property owners (“Building Management”), such as booking information and information related to compliance with applicable laws, in order to facilitate programs with Building Management. For example, guest booking and personal information, including guest contact information, may be shared with the Building Management of the building, complex, or community where a host lives and/or the listing is located to facilitate hosting services, compliance with applicable laws, security, billing, and other services. 4.7 Host Information Provided to Airbnb for Work Customers. If a booking is designated as being for a business or work purpose and (1) is made by a Guest affiliated with an Enterprise and (2) the Enterprise is enrolled in Airbnb for Work, we may disclose information related to the booking to the Enterprise (e.g., name of the Host, Accommodation address, booking dates, Listing details, etc.) to the extent necessary for the adequate performance of Airbnb’s contract with the Enterprise and to provide the services. At the request of the Enterprise or the Guest, we may also share this information with third parties engaged by the Enterprise to provide support services. 4.8 Service Providers. We share personal information with affiliated and unaffiliated service providers to help us run our business and for their compliance purposes, including service providers that help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Airbnb Services through third-party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or similar claims. These providers are contractually bound to protect your personal information and have access to your personal information to perform these tasks. 4.9 Business Transfers. If Airbnb undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer, or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy. 4.10 Corporate Affiliates. To support us in providing, integrating, promoting and improving the Airbnb Platform, Payment Services, and our affiliates’ services, we may share personal information within our corporate family of companies that are related by common ownership or control. Some examples are: Sharing with Airbnb, Inc. Even if your country of residence is not the United States, your information will be shared with Airbnb, Inc. which provides the technical infrastructure for the Airbnb Platform. Sharing with Airbnb Payments. In order to facilitate payments on or through the Airbnb Platform, certain information as described in the “Outside of the United States” section will be shared with the relevant Airbnb Payments entity. Sharing with Airbnb Ireland. Even if your country of residence is outside EEA (e.g. United States, Japan, China) your information may be shared with Airbnb Ireland which provides customer support and other business operation services to other Airbnb entities and may be disclosed in line with section 4.5 above. Sharing with Airbnb GSL. Even if your country of residence is not Japan, your information may be shared with Airbnb GSL which provides customer support and other business operation services to other Airbnb entities. Sharing with Airbnb China. Even if your country of residence is not China, some of your information will be shared with Airbnb China in the following circumstances: Public data. Information you share publicly on the Airbnb Platform. Creating a Listing. If you create a Listing in China, information shared includes: (i) your name, phone number, email address, nationality, and passport/ID details, (ii) (if you use a Chinese corporate entity for hosting) entity name, incorporation address, phone number, unified social credit code (or business registration number), name of legal representative and person in charge, business scope, registered capital, expiry date, other details on the business license and industry permit), (iii) host operation data (e.g., type of e-commerce business, industry permit provided, type of host/listing, entity registration obligation, account/operation active status), (iv) information relating to the Listing (e.g., address, descriptions, photos), (v) booking and check-in/out information relating to the Listing, such as Guest details as set out below in Host Services, dates, time, and payment amounts, and (vi) messages between you and prospective and confirmed Guests at the Listing. Learn more Host Services. If you inquire about or book a Host Service located in China, information shared includes: (i) your name, phone number, and email address (ii) booking and check-in/out information, including city, dates, times, payment amount, listing address and publicly available data about your listing, (iii) messages between the Host and you or other Guests on the same booking, and (iv) the names, nationalities, gender, date of birth, and passport/national ID details (including type of ID, ID number and expiry date) of any Guests. Learn more Sending Messages. If you send a message to a Host in relation to that Host’s Listing in China, information shared includes your name, profile picture, and message content. Learn more The data sharing described above is necessary for the performance of the contract between you and us to enable you to list or book Host Services in China and connect with Members in China, and vice versa. Chinese government agencies require Airbnb China to disclose host and listing information relating to China listings, and guest booking and check-in/out information relating to reservations in China. Similar to other hospitality or short term rental companies that do business in China, Airbnb China will disclose your information above to Chinese government agencies without further notice to you. Your information may be further shared with service providers (including in China) to help run our business. Our service providers may also disclose your information where required by law. 5. OTHER IMPORTANT INFORMATION 5.1 Analyzing your Communications. We may review, scan, or analyze your communications on the Airbnb Platform for reasons outlined in the “How We Use Information We Collect” section of this policy, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other sites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third-party marketing messages to you and we will not sell reviews or analyses of these communications. 5.2 Linking Third-Party Accounts. You can link your Airbnb account with certain third-party services like social networks. Your contacts on these third-party services are referred to as “Friends.” When you direct the data sharing by creating this link: some of the information provided to us from linking accounts may be published on your public profile, your activities on the Airbnb Platform may be displayed to your Friends on the Airbnb Platform and/or that third-party service, a link to your public profile on that third-party service may be included in your Airbnb public profile, other Airbnb users may be able to see any Friends that you may have in common with them, or that you are a Friend of their Friend if applicable, other Airbnb users may be able to see any schools, hometowns, or other groups you have in common with them as listed on your linked social networking service, information you provide to us from the linking of your accounts may be stored, processed, and transmitted for fraud prevention and risk assessment purposes, and publication and display of information that you provide to the Airbnb Platform through this linkage is subject to your settings and authorizations on the Airbnb Platform and the third-party service. 5.3 Third-Party Partners & Integrations. Parts of Airbnb may link to third-party services, not owned or controlled by Airbnb, such as Google Maps/Earth. Use of these services is subject to the privacy policies of those providers, such as Google Maps/Earth Additional Terms of Use, Google Privacy Policy (see here for more information on how Google uses information), and Citi Privacy Policy. Airbnb does not own or control these third parties and when you interact with them you are providing your information to them. 6. YOUR RIGHTS You can exercise any of the rights described in this section consistent with applicable law. See here for information on data subject rights requests and how to submit a request. We may ask you to verify your identity and request before taking further action on your request. Learn more about rights under GDPR here. If your country of residence is China, learn more about your rights here. 6.1 Managing Your Information. You can access and update some of your personal information through your Account settings. If you connected your Airbnb Account to a third-party service, like Facebook or Google, you can change your settings and unlink from that service in your Account settings. You are responsible for keeping your personal information up to date. 6.2 Data Access and Portability. In some jurisdictions, applicable law may entitle you to request certain copies of your personal information or information about how we handle your personal information, request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format, and/or request that we transmit this information to another service provider (where technically feasible). 6.3 Data Erasure. In some jurisdictions, you can request that your personal information be deleted. Please note that if you request deletion of your personal information, or if your account is suspended, terminated, or voluntarily closed: We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend an Airbnb Account for fraud or safety reasons, we may retain information from that Airbnb Account to prevent that Member from opening a new Airbnb Account in the future. We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Airbnb and Airbnb Payments may keep information for tax, legal reporting, and auditing obligations. Information you have shared with others (e.g., Reviews, forum postings) will continue to be publicly visible on Airbnb, even after your Airbnb Account is canceled. However, attribution of such information to you will be removed. Some copies of your information (e.g., log records) will remain in our database, but are disassociated from personal identifiers. Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time. 7. SECURITY While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. 8. CHANGES TO THIS PRIVACY POLICY We reserve the right to modify this Privacy Policy at any time in accordance with applicable law. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top. In case of material changes, we will also provide you with notice of the modification by email at least thirty (30) days before the effective date. If you disagree with the revised Privacy Policy, you can cancel your Account. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Airbnb Platform will be subject to the revised Privacy Policy. 9. CONTACT INFORMATION AND RESPONSIBLE AIRBNB ENTITIES For questions or complaints about this Privacy Policy or Airbnb’s handling of personal information (i) If you reside in the United States contact Airbnb, Inc., Legal Privacy, 888 Brannan Street, San Francisco, CA 94103 USA; (ii) for payments related matter please use the contact information provided in the Payments Terms of Service page, and (iii) if you reside outside the United States, please use the contact information for your controller provided in the Outside of the United States page. Wilson's Prom Terms and Conditions Applicable to all bookings Parks Victoria General Terms and Conditions Parks Victoria 10/535 Bourke Street Melbourne VIC 3000 info@parks.vic.gov.au Camping and accommodation general conditions Camping Seasons Peak period rates apply: for all weekends (Fri/Sat) commencing Melbourne Cup weekend to the end of February, Melbourne Cup long weekend, December/January school holidays, Labour Day weekend, Easter school holidays, and Anzac Day long weekend (when applicable). Shoulder period rates apply: weekdays November to the end of April, weekdays and weekends from the 1st of March to the end of April (except for Easter school holidays), and September school holidays. Off-peak period rates apply: from the 1st of May to the start of the Melbourne Cup weekend (except for September school holidays). Accommodation Seasons Peak period rates apply: for the December/January school holiday period, Labour Day weekend and Easter public holiday weekend. Shoulder period rates apply: from the 1st September to the 30th April, except for December/January school holidays, Labour Day and Easter school holiday period (except for the 4 day Easter public holiday weekend), Queen’s Birthday weekend and July school holidays. Off-peak rates apply: from the 1st May to 31 August, (except for Queens Birthday weekend and July school holidays). Bookings, fees and payments Advanced bookings for campsites and accommodation can be made on-line or phone-assisted via the Parks Victoria Information Centre; All online bookings for campsites and accommodation require fees to be paid in full at the time of booking; All bookings and payments are non-transferable; Credit card payments only are accepted for on-line bookings; For phone-assisted bookings, payments can be made by credit card, cheque or money order. If full payment is not received within 14 days the booking will automatically be cancelled; For all bookings made less than 30 days out from the date of arrival full payment is required at time of booking; For school group camping bookings: School Group camping fees apply for bookings made by Primary and Secondary Schools for overnight camping, special camping places, and overnight hiker permits. These fees are a 10% reduction on the seasonal fee for campsites. The relevant per site or per person school group fee applicable to each camping area is listed in the fee schedules. For all bookings made less than 30 days out from the date of arrival full payment is required at time of booking; Licenced tour operators conducting organised activities are eligible for the applicable School Group camping fees where they have been engaged by a Primary of Secondary school to provide an organised activity, and all participants of the group are from that Primary or Secondary School. To be eligible for school group camping fees, Licenced Tour Operators must provide their business name, Tour Operator Licence Number, and name of the participants’ school at the time of placing their booking. Advance booking of campsites require fees to be paid in full within 14 days of booking; For all bookings made less than 30 days out from the date of arrival full payment is required at time of booking; All bookings and payments are non-transferable. For school group accommodation bookings: Advance booking of accommodation requires a 20% non-refundable deposit of the full applicable fees within 14 days, with the balance of fees due 30 days prior to arrival date; For all bookings made less than 30 days out from the date of arrival full payment is required at time of booking; All Bookings and payments are non-transferable. Booking fee – ballot / booked period A $11.30 administration fee applies for parks which conduct ballots and advance booking releases for defined holiday periods. The administration fee applies only for successful applicants on a per booking basis. Phone Booking Fee for special camping places and overnight hiker permits A $11.30 phone booking fee applies for individuals making bookings for special camping places and overnight hiking. The phone booking fee applies on a per booking basis; A $16.70 phone booking fee applies for groups of 8 or more persons making bookings for special camping places and overnight hiking. The phone booking fee applies on a per booking basis; The phone booking fee does not apply for bookings made by means tested concession card holders and Seniors Card holders. Administration Fee – Phone Assisted Amendments for roofed accommodation A $11.30 administration fee applies for all phone-assisted booking amendments for roofed accommodation bookings. Additional vehicles Unless otherwise specified, fees for each campsite include provision for one vehicle in the permit fee. Additional vehicle charges apply for each additional vehicle per night for all permit fee categories in Schedule 1 1 car and 1 caravan 1 car and any trailer associated with that vehicle, including a trailer with a boat or dirt bikes etc. 1 RV/Motorhome, and a small car towed by motorhome 1 Campervan Up to 3 motorbikes Included in site fee (unless site dimensions or other limitations are stated when booking, such as “tent only”): If the site/campground permits, extra vehicle charge applies when: 1 car and (up to 3) motorbike = 1 additional vehicle 2 cars and 2 caravans = 1 additional vehicle 2 campervans = 1 additional vehicle 4 motorbikes = 1 additional vehicle 5 motorbikes = 2 additional vehicles 6 motorbikes = 3 additional vehicles Campers must be able to contain their equipment within the site dimensions, including vehicle if this is part of the site design. Non-refundable fees and charges for cancellations, alterations or reduction of stay or occupancies: 30 days’ or more prior notice to the booking arrival date, 50% of the applicable fees per night; Less than 30 days’ prior notice to the booking arrival date, 100% of the applicable fees per night; School groups Greater than 30 days’ prior notice - 20% of the applicable fees per night; 7 – 30 days’ prior notice, 25% of the applicable fees per night; 1 – 6 days’ prior notice, 50% of the applicable fees per night; During holiday periods where minimum night bookings are required, no refund will be given for part of the booking period; During holiday periods where a Ballot or Advance Booking release is conducted, the non-refundable fees and charges for cancellations will apply once the accommodation or campsite has been allocated. Concession card holders – discount for overnight camping fees only A 10% per cent discount off the seasonal per night fee for campsites is available for holders of eligible means-tested concession cards. Eligible concession cards include: Centrelink Health Care Card Centrelink Pensioner Concession card Veterans Affairs Gold Card for All Conditions Veterans Affairs Gold Card War Widow Veterans Affairs Gold Card TPI Veterans Affairs Gold card POW & EDA Refunds Full refunds apply if the park or camping area is closed as a result of an emergency or other exceptional circumstance; Requests for refunds must be made in writing within 60 days after the arrival date for the booking period covered by the park closure. Code red fire danger rating days If a park is closed as a result of a Code Red Fire Danger Rating being declared, a refund is available for the booking period applicable during the park closure. This applies to visitors whose scheduled arrival date coincides with a declared park closure, or visitors who are already on-site and their stay is shortened as a result of the park closure. Requests for refunds must be made within 60 days for all or part of the applicable camping or accommodation fees. Where a visitor’s stay has been shortened due to a park closure, they may request a transfer of the remaining booked period to an alternative date as agreed with Parks Victoria. Refunds are limited to camping and accommodation permit fees and exclude any booking administration fees or amendment fees. Refunds or transfers for nights already stayed will not be provided. Refunds will be issued in accordance with Parks Victoria’s existing policy. Fee exemptions for Traditional Owners Traditional owners who have native title rights under the Native Title Act 1993 (Cth) or recognised traditional owner rights under the Traditional Owner Settlement Act 2010, which include the right to camp, are exempt from paying camping fees when exercising that right; Traditional owners will still need to book to reserve a site within their agreement areas. Other General Conditions GST All fees and charges are inclusive of the Australian Goods and Services Tax (GST) Privacy Policy We are committed to protecting the privacy and security of any personally identifiable information (PII) you provide us. PII includes information that can be linked to a specific individual, such as name, address, phone number, or email address. This privacy policy explains how Parks Victoria handles and protects your PII in accordance with commonly accepted privacy principles. Parks Victoria reserves the right to modify or amend this policy at any time and for any reason. Any material changes to this privacy policy will be posted prior to their implementation. The organisational privacy policy of Parks Victoria may be viewed here. Questions regarding this policy should be emailed to info@parks.vic.gov.au or sent via postal mail to: Privacy Officer Parks Victoria Level 10, 535 Bourke Street Melbourne VIC 3000 Phone: 13 1963 Email:info@parks.vic.gov.au What information we collect In an effort to keep our service as simple and easy as possible we do not create, use or store profiles of our customers. We only record PII and other information that we reasonably require to do business with you. Parks Victoria collects PII when you: Make a booking Your full name, address, email address and phone number are taken each time you make a booking with Parks Victoria. Contact Parks Victoria Parks Victoria collects PII such as your full name, address, email address and/or telephone number whenever you submit a query or suggestion, or request assistance with a booking. How we use your information Parks Victoria uses your PII (personal identifiable information) for the purpose of responding to and fulfilling your requests for our products and services. Information collected on www.parkstay.vic.gov.au may be used to: Purchase Parks Victoria products or services Information collected when you purchase from Parks Victoria is used to charge your credit card and deliver your booking confirmation electronically. We may also contact you about your stay for customer service purposes or to make any changes or cancellations to your booking. Respond to your questions or suggestions We will use your address, email address and/or telephone number to contact you when you submit a question or suggestion. The purpose of using your information for Parks Victoria research and future research is: to act as a corporate performance indicator to Government of Parks Victoria's community benefit; to guide park management actions, such as priority setting and substantiation of investment for facilities and infrastructure. Previously the monitoring consisted of visits only, overnight stay data was not collected. The data from the online booking system will provide an opportunity to collect additional information on the overnight stays. How you control and access your information Parks Victoria believes that site visitors and customers should have control over the collection and use of their PII. You have control and access to your information as follows: Booking information If at any time you would like to alter the PII you provided to Parks Victoria in your booking, please contact us. General If at any time you wish to enquire about any of your PII that is stored by Parks Victoria please contact us. Validity of rates Accommodation costs are for room and or campsite only and do not include transfer, breakfast or other inclusions unless otherwise stated. See the full list of categories here. Prices are inclusive of the Australian Goods and Services Tax. Prices over accommodation and camping block out periods may alter from the prices advertised. Contact us for further details. Full payment is due at time of booking. Please proceed to our "Secure Payment" form to submit credit card details. Disclaimer All information on this web site is correct at time of publishing. Please note that fees and conditions are subject to change without notice. All companies listed are members of Parks Victoria. This web site may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain persons or it may describe activities which are inherently dangerous. Parks Victoria makes no representations of fact, nature, quality and suitability about any or all of the activities promoted on this site and user agrees that the user shall be responsible for first satisfying himself/herself by independent enquiry or advice as to the suitability of the particular activity. Any access of this site by the user is entirely at the users own risk and Parks Victoria shall not be responsible for the propagation of computer worms or viruses transmitted from the site. Tidal River Campground 30 days prior 50% cancellation fee. Less than 30 days prior 100% cancellation fee. No Transfers. WILSONS PROMONTORY NATIONAL PARK BOOKING & PERMIT CONDITIONS On behalf of the Management & Staff we would like to bring to your attention the following information designed to protect both the values of Wilsons Promontory National Park (WPNP) and the quality of your experience. Important: Please bring your Booking Permit with you and present it upon arrival. If arriving out of office hours please check-in at the Visitor Centre the next morning. Booking Contract: A contract is formed between Wilsons Promontory National Park (Parks Victoria) and the person making the booking and/or those they are making the booking on behalf of. The booking and permit is only accepted by Wilsons Promontory National Park and remains valid on the basis that you and/or those you have booked on behalf of accept the conditions listed below. Permit Conditions •You shall observe and comply with the National Parks Act 1975 and the National Parks (Park) Regulations 2013. •Noise must be kept to a reasonable level at all times particularly after 11.00pm. •You shall not do anything that is or may be dangerous annoying or offensive or that may interfere with other people. •You are required to maintain your campsite in a neat tidy and rubbish-free condition. •The possession of alcohol is prohibited between the hours of 10.00pm and 6.00am except within built accommodation and on numbered campsites. •You shall take all reasonable steps to ensure that everyone using the premises or campsite for which you are the permit holder complies with these conditions during the period of this permit. •Failure to comply with the above conditions may result in the non-refundable cancellation of your permit and subsequent eviction. Liability The Director and Servants and Agents of the Crown shall not be liable for any injury loss or damage caused by or arising out of the occupation or use of the premises campsite furniture or effects and you shall indemnify the Director and Servants and Agents of the Crown against all liability in respect of any such injury loss or damage. Travel Insurance Recommended to cover for cancellation fees personal accident loss of baggage and liability. Disclaimer Please note that fees and conditions are subject to change without notice. EMERGENCY PROCEDURES INFORMATION Please make yourself familiar with emergency information provided in the Visitor Guide to the Prom Park Note. You can also download this from the Parks Victoria website at www.parkweb.vic.gov.au If you require emergency assistance experience a disturbance or excessive noise please inform park staff as soon as possible. If you require afterhours assistance use the blue emergency phone located outside the Tidal River Visitor Centre or telephone 1300 247 594 CODE RED FIRE DANGER RATING DAYS •On days declared as Code Red the main Promontory Road will be closed to all visitors; this includes all car parks within WPNP excluding Tidal River. •All walking tracks and outstation campsites will be closed. Visitors located at Sealers Cove Refuge Cove and the Lightstation are advised to leave the day before a Code Red day (if there is enough time to safely walk out) or to remain at the Emergency Assembly Areas at these sites. •Campers located at Roaring Meg Oberon Bay Halfway Hut Little Waterloo Bay and Northern Wilderness campsites will be advised to leave. •If accommodation has been booked and you have not yet arrived in the park you must contact Parks Victoria within 60 days to request a refund for all or part of the cost of your accommodation. Refunds will be issued in accordance with Parks Victoria's existing policy. Alternatively you may move your booking to another date as agreed with Parks Victoria. •Visitors already in the park who decide to leave must hand in their permit or accommodation keys to the Visitor Centre prior to departure. You must contact Parks Victoria within 60 days to request a refund for all or part of the cost of your accommodation. •Refunds or transfers for nights stayed will not be provided. Refunds will be issued in accordance with Parks Victoria's existing policy. Alternatively you may move your remaining booking to another date as agreed with Parks Victoria. •Refunds will be issued in accordance with Parks Victoria's existing policy. •In the event visitors are not satisfied with the above process regarding Code Red Fire Days they may lodge a complaint in writing. • For further information please refer to the Wilsons Promontory National Park Code Red Fire Danger Closure fact sheet. Park terms and conditions •Parents must supervise children at all times and not leave them unattended in amenity buildings. •The speed limit set within Tidal River is twenty kilometres per hour (20km/hr) and ten kilometres per hour (10km/hr) from the Visitor centre to the cinema. Please consider the safety of others and drive within the limit. Please minimize the use of your vehicle within Tidal River. •Please ensure your vehicle has a valid permit visibly displayed on the bottom driver-side corner of the windscreen if staying overnight. •For your own and others' safety and to protect wildlife please observe posted speed limits in the park and drive safely at all times. •Gas BBQs provided in the picnic areas at Tidal River can be used on Total Fire Ban days. •Fires including solid fuel heating compounds for BBQs are not permitted at any time during the year. •Generators are not permitted. •Glass containers bottles or utensils are not permitted on beaches and beach access tracks. •Dogs cats other domestic pets traps and firearms are not permitted in WPNP. Bona fide guide dogs are exempt. •The setting or laying of traps is not permitted in the national park. •Cyclists must wear approved safety helmets and are only permitted to ride on vehicle tracks and roads. Bicycles are not permitted on walking tracks management vehicle tracks or cabin access paths. Bicycles are not permitted on the Loo-Errn boardwalk and track. •Remain on marked walking tracks at all times and stay out of revegetation areas. •Please do not feed any wildlife. Campers are encouraged to store all food in vehicles. Do not leave food scraps around campsites. •Fishing is permitted in the marine park but is not permitted in the marine national parks. If you are unsure enquire at the Visitor Centre. •Please separate recyclable material from rubbish and place in the appropriate bins. •Either carry water with you and/or know how to make untreated water safe for drinking at any remote location within WPNP. National Parks require ongoing works and maintenance programs to be undertaken throughout the year e.g. prescribed burns within designated areas of the park. Visitors to the park with concerns regarding existing health conditions should contact Parks Victoria prior to their visit to establish whether any future programs will impact on their visit. Booking Conditions •All Bookings are non-transferable to another person/name. •All booking payments are non- transferable. •All bookings require full payment at the time of booking. •Rates: Adult = 13 years and over Child = 2-12 years under 2 years no fee charged. Cancellation / alteration fees for all bookings Any cancellation alteration or reduction in duration of stay and/or occupants will be subject to the following fees: •30 days or more notice - 50% of the booking amount per night •Less than 30 days notice - 100% of the booking amount per night •During periods where minimum night bookings are required no refund will be given for part of the booking period (e.g. long weekends Easter and the Christmas Ballot period). •During our holiday application periods (e.g. Christmas/January long weekends and Easter) accommodation and campsites once allocated are subject to cancellation fees. •Refund applications not accepted more than 60 days after arrival date. Tidal River accommodation terms and conditions •Check-in time for cabins units huts and wilderness retreats is 2.00pm; check-out time is 10.00am. •Check-in time for group lodges is 4.00pm; check-out time is 12 noon. •All accommodation is non-smoking. •Please leave accommodation in a clean and tidy condition; all additional housekeeping services including replacement of towels and linen will incur a fee. •Long weekends may have a minimum night booking requirement. •If accommodation is cancelled during your stay a refund will not be given for part of the minimum period. Tidal River camping terms and conditions •All camping equipment must be on your site within the numbered posts. Vehicles trailers and boats must be parked on your site and should not damage vegetation or block road access (fire truck access is required). Vehicles that do not fit on your campsite must be parked in a car park. •Please limit the number of vehicles you bring as car parking is limited. •The minimum camp fee covers one vehicle per site. Additional vehicles are subject to additional fees. •Staff patrol campsites daily checking permits and the number of occupants and vehicles per site. •Drainage trenches are generally not permitted. In the event that they are necessary to avoid damage to tents and property it is important that the dirt is piled neatly alongside the trench so that on departure the trench can be filled in and the site returned to its original condition. •Check-in and check-out times are 11.00am. •If you are expecting family or friends to join you during your stay they will need to inform us on arrival of your surname booking number and site number. • Visitors staying overnight on your site will need to pay additional car fees. The maximum number of people permitted per site (including children of any age) is six. •Camp site sullage must be collected by the site occupant and disposed of in the relevant sullage points within the camp ground. It must not be fed directly on to the ground or into vegetation. Wilsons Promontory Lighthouse terms and conditions •Please check-in at the Tidal River Visitor Centre prior to departure (open from 8.30am daily). •Start your walk at least six hours prior to sunset. •It is essential that all hikers arrive before dark. •Check-in time is between 2.00pm and 5.00pm; check-out time is 10.00am. • Please leave accommodation in a clean and tidy condition. •You will need to bring your own sleeping bag. Alternatively you can book and pay for doona hire through the Visitor Centre prior to arrival however you must bring your own sheets. Pillows and pillowcases are provided. •You must supply your own towel food and drinks. Carry lightweight food as you must carry your rubbish out with you. •Organic waste can be placed in the compost bin. •For the enjoyment of others the maximum group size is twelve people. Overnight hikes and boater terms and conditions •Carry this permit with you at all times. At completion of your hike please return it as this will assist rangers if a search is initiated. •Campfires are not permitted at any time. •On Total Fire Ban days camp stoves - solid liquid or gas - are not permitted even in tents. •Rubbish must not be left behind buried or put in toilets - all hikers and boaters must carry their rubbish out with them. •Keep to walking tracks at all times. •Once commenced do not alter the route on your hike permit. •Generators are not permitted. Use of compressors to fill scuba cylinders is only permitted on North Refuge Beach. •Carry water with you and/or know how to make untreated water safe for drinking at any remote location within Wilsons Promontory. •Toilet paper is not supplied. •Maximum group size camping at any one location in the southern section of the Park is twelve people. •Maximum group size camping at any one location in the northern section of the Park is six people. METACULUS PRIVACY POLICY We at Metaculus, Inc. (collectively with any subsidiaries, "Metaculus") have created this Privacy Policy to describe our practices regarding information we collect through our web site (the “Service") as well as any information we collect offline and combine in our databases. Certain features discussed in this Privacy Policy may not be offered at any particular time. Note about Children: Our services are general-audience in nature and are not intended for, marketed to or available to individuals younger than the age of 13, and individuals younger than the age of 13 should not submit personal information to us. SUMMARY WE FULLY DESCRIBE OUR PRIVACY PRACTICES BELOW IN THIS PRIVACY POLICY. THIS SUMMARY PROVIDES AN OVERVIEW OF SOME IMPORTANT INFORMATION REGARDING OUR USE AND SHARING OF YOUR INFORMATION.We primarily use the information we collect when you use the Service in connection with your relationship with Metaculus, your use of the Service, and for sending you information from us or on behalf of certain third parties. This includes linking you to other members of the Metaculus community.It also includes providing offers to you based on information you provide or we collect or your use of the Service. Please review the INFORMATION COLLECTION and "HOW WE USE YOUR INFORMATION" sections of this Privacy Policy for a full description of the information we collect, including Personal Information, and how we use that information. Remember that if you create a Profile or participate in predictions, community forums and similar features on the Service, your information may be public. Note that we do not share your Personal Information with third parties for their marketing purposes without your consent; however, we may share your Personal Information under certain limited circumstances. For more details, please review the section below entitled INFORMATION SHARING. Metaculus may work with network advertisers, analytics service providers and other vendors to serve third party advertisements on and through the Service, to provide us with information regarding traffic on the Service, including the pages viewed and the actions users take when visiting the Service; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. For example, if you click on a Metaculus advertisement, our service provider(s) may be able to tell us the advertisement you clicked on and where you were viewing the advertisement. You may also see third party ads on the Service. The advertisements you see may be served by one or more third parties, who may use information about your activities on the Service, and other web sites and services, to provide you targeted advertising based upon your interests. Our ad network providers, the advertisers, ad agencies, analytics service providers and other vendors may set and access their own tracking devices (including cookies and log files and web beacons) and they may otherwise collect or have access to information about you and your visits to and activity on the Service, as well as on other web sites or online services. Some of these parties may collect Personal Information when you visit the Service or other websites and services. Please review THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND METACULUS CONTENT FOUND OUTSIDE OF THE SERVICE for additional information. Some of the companies who serve these targeted ads participate in a self-regulatory program that allows you to opt-out of having information about you used for this purpose, and you may access that opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads while using the Service and elsewhere online. INFORMATION COLLECTION 1. Registration and Other Information You Provide The Service may collect "Personal Information" (which is information that can be used to identify or contact a specific individual, such as your name and email address), account information (such as a password or other information that helps us confirm that it is you accessing your account) and demographic or other information such as your background, state or country of residence, information about your interests and education, and historical information about questions and predictions, including the accuracy of any predictions.Some part of the Service may allow you to use the Service to offer your own products or services for sale. If you use the Service for such purposes or in any other manner that may necessitate payment from Metaculus to you, we may collect additional information from you, such as your Social Security Number or taxpayer identification number, as necessary to facilitate payment and to comply with related legal obligations. Any information combined with Personal Information will be treated as Personal Information. 2. Your Profile, Community Forums and User Content You may have the opportunity to create a profile, which consists of information about you, which may include Personal Information, photographs, information about your academic and work history, your interests and activities, your use of the Service and other information ("Profile"). Some of the information in your Profile may be visible to third parties or to everyone, depending on the nature of the information and the privacy settings you choose when you sign in and go to your Account on the website where you created your Profile. Metaculus may also make the information contained in your Profile accessible through means other than the Metaculus website (such as through an app or an application programming interface (API)). Your Profile may also be indexed by and displayed by internet search providers when someone searches for your name. Metaculus does not control how frequently third-party search engines update their indexes; consequently their information may be outdated and still available for a period of time even if you discontinue use of the service. Note that in order to provide services and opportunities to you, third parties may be able to review certain information in your Profile. Metaculus does not share your contact information (email, full postal address or phone number) with those third parties unless you request or agree to that sharing. However, Metaculus may send you information and offers from third parties and information about the Service. The Service may provide you the opportunity to participate and post content, including questions and predictions, publicly in forums, through interactive features and through other communication functionality ("Community Forums"). You may choose, through such features or otherwise, to submit or post questions, predictions, reviews, problems, suggestions, ideas, solutions, questions, answers, comments, testimonials, feedback, messages, images, videos, text or other material ("User Content"). Your User Content may also be posted in your Profile.Please think carefully about what you post and before including Personal Information in your User Content. You may edit or remove your Profile information, but you may not be able to remove predictions, comments or postings or other uploaded User Content. To request removal of content you posted publicly on the Service, contact us at legal@metaculus.com. We will honor removal requests received from registered users who are minor residents of California, unless otherwise excepted by law, and where otherwise required by law. Other removal requests received, may, in our sole discretion, be honored or refused. In some cases, we may remove only your Personal Information but maintain the rest of your User Content. Note that removal of public postings does not ensure complete or comprehensive removal of the content or information posted. Note that anything you post on Metaculus may be public. If you choose to voluntarily disclose Personal Information in your Profile or a Community Forum, or participate in the Site, that information will be considered public information and the protections of this Privacy Policy will not apply. In addition, the Service may allow members to communicate and collaborate with each other, including some Service that allow members to engage in one-on-one communication.If you create an account, participate in a Community Forum or choose to communicate with others through the Service, certain information about you may be disclosed in connection with your or others' use of the Service, including certain information about you and your network (such as your name and profile photo, the number of your connections, and the names and pictures of your connections). Our servers may record and we may retain records of the content of any such user-to-user communications. 3. Third Party Services, Social Media Platforms, and Information Third Parties Provide About You Third parties may provide us with information about you. For example, if you are on a third party web site, and you opt-in to receive information from us, that third party will forward information about you to us so that we may contact you as requested. The Service may permit interactions between the Service and a third party web site or service, such as enabling you to "like" a product within our Service or "share" content to other web sites. If you choose to "like" or "share" content or to otherwise post information from or via the Service to a third party web site, feature or application, that information may be publicly displayed, and the third party web site may have access to information about you and your use of our Service. Similarly, if you post information on a third party platform that references Metaculus your post may be published on our Service in accordance with terms of that third party. These features may collect your IP address or other Device Identifier, which page you are visiting on our web site, and may set a cookie to enable the third party feature to function properly. Third party features and applications are either hosted by a third party or hosted directly on our Service. Your interactions with these features are governed by the privacy policy of the company providing it. You may also choose to participate in a third party application or feature through our Service (such as logging in through Facebook Connect or otherwise linking the Service with another web site or interactive service) or on a third party web site or service (such as one of our Facebook applications or a similar application or feature on a third party web site or service) through which you allow us to collect (or the third party to share) information about you, including personal information. Information about you, including your name and profile photo, may be shown to other users of the Service if you are logged in through the Service or through a third party web site or service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. When you choose to participate, you may be opting to link your activity on our Service with that third party web site or service, which may then collect information about your visits to our Service and may publish that activity as you request to your profile or similar feature with that third party (such as if you choose to share a prediction you made on Metaculus.com with your connections on the third party website). In some instances, we may require that you participate in the Service through a third party application or feature and, if you choose not to authorize or use the required third party application or feature, you will not be able to use the applicable Service. The information we collect is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party's privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party web site and service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. We also may supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those other sources with information we collect through the Service. In those cases, we will apply this Privacy Policy to the combined information. 4. Information Metaculus Collects Automatically When You Access The Service Like other websites and online services, we may automatically collect certain "Usage Information" whenever you access and use the Service.Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to our Service (if applicable), the search terms you entered into a search engine that lead you to our Service (if applicable), all of the areas within our Service that you visit (including information about any ads you may view), and the time of day you used the Service, among other information. We may use Usage Information for a variety of purposes, including to tell you about people or events nearby, to provide special offers, to serve advertisements, to select appropriate content to display to you, and to enhance or otherwise improve the Service and our products. In addition, we may automatically collect your IP address or other unique identifier ("Device Identifier") for any computer, mobile phone or other device (any, a "Device") you may use to access the Service. A Device Identifier is a number that is automatically assigned to your Device used to access a Service, and our servers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the Device used to access a Service. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information. Usage Information is collected via tracking technologies, including: Cookies and Log Files: Metaculus may use cookies and web log files to track usage of our Service. A cookie is a tiny data file which resides on your computer, and which allows Metaculus to recognize you as a user when you return using the same computer and web browser. If your browser settings do not allow cookies, you will not be able to use our Service as fully as intended. Log files are the record of your visits to the Service and include Usage Information. Like the information you enter at registration or in your Profile, cookie and log file data is used to customize your experience when you use the Service. Third parties may also set cookies as you interact with the Service. The use of cookies by third parties is not covered by our Privacy Policy, as we do not have access or control over these cookies. One type of cookie we use, known as a "persistent" cookie, is set once you've logged in to your account on the Service. If you do not log out of your account, then the next time you visit, the persistent cookie will allow us to recognize you as an existing user so you will not need to log in before using the Service. Of course, if you are using a public computer or sharing your private computer with others, you should log out of your account after each visit. If you log out of a Service, you will need to re-enter your password the next time you visit in order to log in to your account. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. We also use a cookie which functions as a "session" cookie, meaning that it is used to identify a particular visit. Session cookies expire after a short time or when you close your web browser. Web Beacons: We, as well as affiliate program partners, service providers, and other third parties, may employ a software technology called clear gifs (a.k.a. web beacons/web bugs), that help us better manage content on our Service by informing us of what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users for our affiliate program. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. This information is used to help improve the overall quality and experience of our Service. We tie the information gathered by clear gifs to our customers' personal information. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device from our server or a third party service provider and is deactivated or deleted when you disconnect from the Service. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes. How We Respond To Do Not Track Signals Please note that your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites and online service you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, Metaculus does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track", please visit http://www.allaboutdnt.com. HOW WE USE YOUR INFORMATION We use information about you, including Personal Information, the information you provide in your Profile, User Content, and Usage Information to: (1) allow you to participate in features we offer or to provide related customer service, including, without limitation, to respond to your questions.We may tie the information gathered by clear gifs to our customers' personal information. complaints or comments; (2) tailor content, recommendations and offers we display to you, both on the Service and elsewhere online; (3) process a transaction you initiate; (4) provide you with information, products, services, or suggestions; (5) send or display to you and others using the Service special offers or advertisements from us, our advertisers, or third-parties; (6) process your registration with our Service, including verifying your e-mail address is active and valid; (7) improve the Service and our products, and for internal business purposes, including the measurement of ad effectiveness; (8) contact you with regard to your use of the Service and, in our discretion, changes to our policies; and (9) permit other Metaculus users to contact you, and vice versa; (10) to provide you with location features and services (e.g., telling you about local deals and events); and (11) as described in the Privacy Policy and for purposes disclosed at the time you provide your information or otherwise with your consent. Please note that information submitted on the Service via a "Contact Us" or other similar function may not receive a response. We will not use the information provided via these functions to contact you for marketing purposes unrelated to your request unless you agree otherwise. INFORMATION SHARING Metaculus does not share your Personal Information with third parties for their marketing purposes without your consent. Metaculus may share non-Personal Information, such as aggregate user statistics, demographic information and Usage Information with third parties, including advertisers, content providers, and analytics providers; and third parties may collect non-Personal Information when you visit the Service. We also may share your Personal Information with third parties with your consent, as disclosed at the time you provide us with information, and as described below or otherwise in this Privacy Policy: 1. When You Request That We Share Your Information. We may offer opportunities and features through the Service that are brought to you by a third party or that otherwise involve sharing your information with a third party. If you request or agree at that time to have your information shared, your information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. You also may request, sometimes through your use of an interactive feature, a widget or third party application, that we share information about you with a third party and we will typically do so under those circumstances. 2. Service Providers. We may share your Personal Information with third parties to provide services to us or you in connection with the Service, but subject to confidentiality obligations which limit their use and disclosure of such information. 3. Administrative, Legal Reasons & Academic Integrity Investigations. We may also disclose your information, including Personal Information, in response to a subpoena or when required by law; to defend our rights; in response to a written request from law enforcement regarding an investigation into criminal activity that may have occurred through or in any way using Metaculus's Service or property; to provide information to a claimed owner of intellectual property who claims that content you have provided to us infringes on their rights; upon request of an academic institution connected to an investigation into academic integrity; to protect and/or defend any applicable Terms of Use or other policies applicable to the Service; or to protect the personal safety, rights, property or security of any organization or individual. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. These disclosures may be carried out without notice to you. 4. Business Transitions. In the event that Metaculus goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, or other corporate change, including, without limitation, during the course of any due diligence process, your information, including Personal Information, will likely be among the assets transferred. You will be notified via email and/or a prominent notice on Service of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. This Privacy Policy will become binding upon the new owner of the information until amended. 6. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions ("Promotion") that may require registration. By participating in a Promotion, you are agreeing to governing terms, conditions or official rules, which may contain specific requirements of you, including allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information, such as your name and shipping address, may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list. MOBILE USE If you use the Service through a mobile device or one of our mobile applications, your mobile Device Identifier, your mobile carrier, and your physical (GPS) location may be transmitted to Metaculus. You agree that Metaculus may store and use that information for security purposes (for example, for user verification and to ensure that Metaculus's APIs are being used appropriately). You may be able to opt-in to receiving text messages from Metaculus. You may always opt-out by replying "STOP" to one of the text messages received. You also acknowledge and agree that use of the Service through a mobile device may cause data to be displayed on and through your mobile device which may be viewed by your mobile carrier or other access provider. UPDATING YOUR ACCOUNT INFORMATION AND CONTROL OVER METACULUS EMAILS You may be able to review the information you provided to us on a Service and make any desired changes to the information, or to the settings for your account on that Service, by logging in to your account for that Service and editing or deleting the information. All changes to your email settings and preferences must be made in your account preferences page on the applicable Service or by using the unsubscribe button at the bottom of the Metaculus email. However, we reserve the right to send you information on our behalf and on behalf of third parties in connection with providing the Service. CLOSING YOUR ACCOUNT If you wish to close your account with us, please send your request to closemyaccount@metaculus.com and we will remove your Personal Information and Profile, if applicable, from the active database. You typically will receive a response to such a request sent to within five business days of our receiving it. Requests to change your email preferences or unsubscribe from all emails may not be made through this email address, but rather must be submitted through one of the channels set out in the previous section. Even if your account is closed, information may remain in backup records and we may retain certain data if it may be necessary to prevent fraud or future abuse or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery or if required by law. All retained data will continue to be subject to the applicable privacy policy for the Service. Also, if you have posted content on or through the Service, such as in Community Forums, we may not be able to delete it. THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND METACULUS CONTENT FOUND OUTSIDE OF THE SERVICE Certain content provided through the Service may be hosted and served by third parties, which may include third party widgets (such as those that allow you to "like" or "share" content with third party web sites and online services. In addition, the Service may link to third party web sites or content over which Metaculus has no control and which are governed by the privacy policies and business practices of those third parties. In addition, third-party partners of Metaculus from whom your order through the Service may have different privacy policies which apply to such partner's use of your information. Please also note that Metaculus content and widgets may be included on web pages and web sites that are not associated with us and over which we have no control. These third parties may independently collect data. Metaculus is not responsible for the privacy practices or business practices of any third party. TESTIMONIALS We display personal testimonials of satisfied customers on our Service in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at legal@metaculus.com. SECURITY Metaculus takes commercially reasonable security measures to protect the personal information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information such as a credit card number and CCV2 number on our checkout forms, that information is encrypted using secure socket layer (SSL) technology, to help protect the communications between you and our payment partners. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, as in any real-life scenario, we cannot guarantee its absolute security. If you have any questions about security on our Service, you can email us at legal@metaculus.com. CONSENT TO TRANSFER The Service is operated in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Service, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. CHANGES TO THIS PRIVACY POLICY Metaculus may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Service prior to the change becoming effective.We may also notify you by email. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy. QUESTIONS OR COMMENTS If you have questions or comments about this privacy policy, please email us at legal@metaculus.com or contact us at: Metaculus, Inc. Attn: Privacy Policy Issues 119 Merced Ave., Santa Cruz CA 95060 California Residents - Your CA Privacy Rights Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes and the categories of personal information the company shares. Alternatively, the law provides that a company that has a privacy policy that provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties’ direct marketing purposes may instead provide information on how to exercise that choice. Metaculus qualifies for the alternative option; it has a comprehensive privacy policy that sets forth that Metaculus provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time Metaculus offers that choice, Metaculus does not share your information with that identified third party for its direct marketing purposes. If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address: legal@metaculus.com or write to us at the following mailing address: Metaculus, Inc., 119 Merced Ave., Santa Cruz CA 95060. You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Metaculus Terms of Use WELCOME TO METACULUS! IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Metaculus Terms of Use ("Terms of Use") apply to the Metaculus.com web site (the "Service" or “Site” or “Website”). Metaculus, Inc. is referred to in these Terms of Use as "Metaculus, "Metaculus Website," "we" or "our." "You," "your" and "user" refer to any person or entity using the Service. These Terms of Use govern your use of the Service, regardless of how you access it, whether by computer, mobile device, or otherwise; and whether directly through our Service, or through any third-party website that links to it ("Linked Service"), and regardless of whether you are a registered user or a guest. By using the Service, you agree to the Terms of Use. If you do not agree to the Terms of Use, you are not authorized to use the Service and you must cease all such use immediately. ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you agree that disputes between you and METACULUS will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration. Account Registration & Termination Metaculus provides the Service, a platform for users to predict future events in a variety of disciplines, including but not limited to science, politics and finance, and display their track record of accurately predicting such events. You may only have one Metaculus account for use of the Service. You may not create or use more than one account, and you may not share your account or any of the Service with others. A parent or guardian may create an account for the benefit of a minor, but otherwise you may not create an account for anyone unless expressly authorized by Metaculus. All information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another user at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your membership or any membership rights. You agree to notify Metaculus immediately if you suspect any unauthorized use of your account or access to your password. Metaculus has the right to terminate your account for any reason at our sole discretion without notice and without liability. Age and Residence Requirements; U.S. Jurisdiction The Service are available to individuals age 13 and over. If you are between the ages of 13 and the age of majority where you live, you must review these Terms of Use with your parent or guardian to confirm that you and your parent or guardian understand and agree to it. The Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Metaculus to any registration requirement within such jurisdiction or country. By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a U.S. company to do business. Metaculus operates the Service in the United States. Metaculus makes no representations or warranties that the Service is appropriate for use or access in other locations. Anyone using or accessing the Service from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. Proprietary Rights The Service is owned and operated by Metaculus. Unless otherwise explicitly specified by Metaculus, all materials that are included in or otherwise a part of the Service, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof and the "look and feel" of the Service (collectively, "Metaculus Content"), are owned, controlled, or licensed by Metaculus. Metaculus Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Metaculus Content is prohibited. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties. Your License to Use Site Content Subject to your compliance with these Terms of Use, Metaculus grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to view the Metaculus Content. You may only use the Service for your own personal use. You agree not to view, copy, or procure content or information from the Service by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the Metaculus Content (except as may be a result of standard search engine or Internet browser usage), unless formally authorized by Metaculus under separate written agreement. No materials from the Service may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any means without Metaculus's prior written permission or as expressly provided in these Terms of Use. When you download or use the Metaculus Content as authorized by these Terms of Use, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Metaculus Content; and (c) not copy or adapt any object code associated with the Service or reverse engineer, modify or attempt to discover any source code associated with the Service, nor allow or assist any third party (whether or not for your benefit) to do so. All rights not expressly granted herein are reserved. Metaculus may impose reasonable limits on your scope of access to Metaculus Content, including limits on time or number of materials accessed or machines used to access such Content, to prevent unauthorized third party access to or use of that Content. Social Distribution and Widgets Metaculus may allow you, but only through express written permission, to engage in certain personal uses of Metaculus Content that include the ability to share certain Metaculus Content with others ("Social Distribution"). For example, the Service may allow you to send certain Metaculus Content to friends, display Metaculus Content on your personal web site or post Metaculus Content on a third party web site. You agree that you will not imply that you and Metaculus are affiliated in any way or that Metaculus approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Metaculus Content. Similarly, the Service may provide content that you may choose to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) ("Widgets"). Widgets are Metaculus Content and subject to the limited, revocable license described above. We may discontinue providing the Service necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Metaculus Content made available via any Widget. NOTICE TO THIRD PARTY SITES: Any Metaculus Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of Metaculus Content upon notice. User Content and Activities When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any question, prediction, review, problem, suggestion, idea, solution, question, answer, feedback, message, image, video, text, profile data or other material ("User Content") to Metaculus, any Metaculus employee or contractor, or a Metaculus web site, you grant Metaculus and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Metaculus, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to make copies of such content and to publish such content through the Website, partners or affiliates, to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content. You also grant each user of the service the right to access your Content through the Website. You further agree that Metaculus is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and Service; and creating informational articles, without any payment of any kind to you. You authorize Metaculus to publish your User Content in a searchable format that may be accessed by users of the Service and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. Metaculus is not required to host, display, or distribute, and may remove at any time, any User Content. Metaculus reserves the right to change the format, sizing, and any other display specifications of the Content as it sees fit. You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Service, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Service and/or Linked Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon Metaculus's request, you will furnish Metaculus any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You retain full ownership of all your User Content and any intellectual property rights in that content, subject to the rights granted herein. Except as otherwise described in the posted privacy policy, or other agreement on the Service presented at the time you provide your User Content (defined below), you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You acknowledge and agree that your relationship with Metaculus is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Metaculus in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on the part of Metaculus, and Metaculus will not be liable for any use or disclosure of any User Content that you provide. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Metaculus does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. You understand that any predictions made on or through the Website as not guarantees – the future is not knowable, and the Content on the Website is at most simply a prediction, forecast, or surmise about what may happen in the future. Acting in reliance on any User Content is at your own risk, and we advise you to do your own research and consult with your own professional advisors prior to taking in action relying on the User Content. You agree that Metaculus has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that Metaculus will not have any obligation to you with regard to User Content and that Metaculus may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Service, or allowing them to be distributed through the Service. This includes private messages exchanged by you and other users through the Service. This "User Content and Activities" section shall survive any expiration or termination of your relationship with Metaculus. You understand and agree that Metaculus may, at various times, make a series of evaluations, decisions concerning whether your Content is appropriate, or whether your predictions were accurate, and how much value (points or other value) to assign or take away from your profile, which is public. These evaluations and decisions may involve independent judgment from Metaculus, its user community, or other individuals that Metaculus may in its discretion grant the authority to make such evaluations and decisions. You expressly acknowledge that Metaculus and its assigns have the final authority to interpret and decide all issues relating to questions, comments, predictions, timing, resolutions, scoring and outcomes, and all other matters regarding the operation of the Site, even if they may be subject to different interpretations or resolutions. You agree to accept the interpretations and final decisions of Metaculus regarding such matters. Acceptable Use Policy You are solely responsible for the User Content you submit, through or in connection with our Service, and any material or information that you transmit to other users and for your interactions with other users. When you contribute, upload or otherwise provide User Content via the Service, you agree to comply with the following Community Usage Rules. In addition to removing such prohibited materials, Metaculus may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate. Prohibited User Content includes, but is not limited to, material that Metaculus determines: is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website; posts information that poses or creates a privacy or security risk to any person; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses; involves commercial activities and/or sales without prior written consent from Metaculus such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person. Prohibited activities include, without limitation: unauthorized advertising to, or solicitation of, any user to buy or sell any products or Service; circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Service; activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Service; covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Metaculus page via HTML/CSS or any other means; any automated use of the Service, such as, but not limited to, using scripts to send messages or posts; interfering with, disrupting, or creating an undue burden on the Service or the networks or Service connected to the Service; displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Service on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Metaculus, or sending messages with a commercial purpose; activity unrelated or disruptive to the Service, such as submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or using the Service in a manner inconsistent with any applicable law. Service Modifications Metaculus reserves the right, in our sole discretion, to make changes to or discontinue any of the Service at any time. Any description of the Service provided by Metaculus is not a representation that the Service are working or will always work in that manner, as Metaculus is continuously updating the Service, and these updates may not always be reflected in the Terms of Use. Mobile Use The Service may offer features and Service that are available to you via your mobile device. These features and Service may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile phone or access features from the Service (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. If you change or terminate your mobile account, you are responsible for promptly updating your Metaculus account information so that any messages or notices from Metaculus regarding the Service are sent to you and not to the person who is assigned your old number. Email and Text Message Notifications Notifications or receipts from Metaculus will be delivered to you by email at the address you provided to Metaculus when you created your account or as later updated. You hereby agree and acknowledge that Metaculus is not responsible to notify you in any way other than by email. Metaculus will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. Metaculus will have no responsibility for any misuse of such information if you provide such information via email or text message. Account Cancellation You may cancel your account at any time throughout our Service. Metaculus may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse of the Service. Even if your account in cancelled, your information, posts, and any other data you have shared via the Service may persist within the Service after cancellation of your account. Third Party Links, Content and Applications There may be links from the Service, or from communications you receive from the Service, to third party web sites or online features. The Service also may include third party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third party web site or online feature, including applications that connect the Service or your profile on the Service with a third party site. For example, the Service may include a button enabling you to indicate, on your social networking page, that you "like" a specific product on the Service, or a feature that lets you post to your social networking page a link to a specific product or the ability to share content from the Service or your User Content with a third party, which may be publicly posted on that third party's web site. Using this functionality typically requires you to login to your account on the third party website, and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICE, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. Linking Policy Metaculus grants you the revocable permission to link to the web sites on which these Terms of Use are posted; provided, however, that any link to such a web site: (a) must not frame or create a browser or border environment around any of the content on such web sites or otherwise mirror any part of such web sites; (b) must not imply that Metaculus or the Service are endorsing or sponsoring any third party or its products or Service, unless Metaculus has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Metaculus's sole opinion, harm Metaculus or its products or Service; (d) must not use any Metaculus trademarks without the prior written permission from Metaculus; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Metaculus's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to a Metaculus web site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, Metaculus reserves the right to prohibit linking to any Metaculus web site for any reason in our sole and absolute discretion. Disclaimer of Warranties THE METACULUS WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, METACULUS AND ITS DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, AGENTS, REPRESENTATIVES OR VENDORS (COLLECTIVELY THE "METACULUS PARTIES") SPECIFICALLY MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO (A) THE SERVICE; (B) THE METACULUS CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO METACULUS OR VIA THE SERVICE. IN ADDITION, THE METACULUS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY,NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE METACULUS PARTIES SPECIFICALLY DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METACULUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICE, OR REGARDING THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS OR OTHERWISE, UNLESS SPECIFICALLY SET OUT ON THE SERVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE ARE AT YOUR SOLE RISK. THE METACULUS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE METACULUS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION's LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE METACULUS PARTIES ARE NOT RESPONSIBLE FOR THE USER CONTENT, ACCURACY OR OPINIONS EXPRESSED IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES ON THE SERVICE OR LINKED SERVICE, AND SUCH SERVICE ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY METACULUS. INCLUSION OF ANY LINKED WEBSITE OR FEATURE ON THE SERVICE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE OR FEATURE BY METACULUS. IN ADDITION, THE METACULUS PARTIES ARE NOT RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ANY ENTITY FOR ANY DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, LOSS, CLAIM, OR LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE OR LINKED SERVICE. POSTS AND LINKED SERVICE CREATED AND POSTED BY USERS ON, THOUGH OR IN CONNECTION WITH THE SERVICE MAY CONTAIN LINKS TO OTHER WEBSITES OR SERVICE. METACULUS TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS OR LINKED SERVICE THAT ARE POSTED ON, THROUGH OR IN CONNECTION WITH THE SERVICE OR LINKED SERVICE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICE PROVIDED BY THESE THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL METACULUS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE OR LINKED SERVICE, ATTENDANCE AT A METACULUS EVENT, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE OR LINKED SERVICE, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THIS "DISCLAIMERS" SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH METACULUS. Limitations of Liability; Waiver IN NO EVENT SHALL THE METACULUS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE METACULUS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE METACULUS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE's TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE METACULUS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE METACULUS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE METACULUS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU TO METACULUS IN THE PAST SIX MONTHS, OR $250, WHICHEVER IS GREATER. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH METACULUS. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE METACULUS PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER METACULUS CONTENT OWNED OR CONTROLLED BY THE METACULUS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER METACULUS CONTENT OWNED OR CONTROLLED BY THE METACULUS PARTIES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Indemnity You agree to defend, indemnify and hold harmless the Metaculus Parties from and against any and all loss, liability, damages, judgments, claims, demands, costs, investigations, settlements, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or directly or indirectly relating to (a) your User Content; (b) your use of the Service or activities in connection with the Service; (c) your breach or anticipatory breach of these Terms of Use; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Metaculus Parties' use of your information or User Content as permitted under these Terms of Use, the Privacy Policy, or any other written agreement between you and Metaculus. You will cooperate as fully required by the Metaculus Parties in the defense of any claim. The Metaculus Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Metaculus Parties. These indemnity obligations shall survive any expiration or termination of your relationship with Metaculus. Reporting Copyright and Other Intellectual Property Violations Metaculus respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you believe your work has been infringed through the Service, please notify us at Metaculus, Inc., Attention: Copyright Agent, 119 Merced Ave, Santa Cruz CA 95060, or at the email address copyright@metaculus.com and provide the following information: Your contact information, including name, address, telephone number, and e-mail address; A description of the copyrighted work you claim has been infringed; A reasonably specific description of where the allegedly infringing material is located on the Service (including, e.g., the URL); A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; Your electronic or physical signature; A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and Information reasonably sufficient to permit us to contact the complaining party. NOTE: This contact information is for inquiries regarding potential copyright and other infringement only. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Metaculus will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights. IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY METACULUS, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others. Legal Disputes If a dispute arises between you and Metaculus, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that relates to or arises out of the Terms of Use or the Service or your use of the Service (a "Claim") in accordance with the subsections below. General. You and Metaculus agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration; except that either party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and Metaculus are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Metaculus otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. This "Legal Disputes" section will survive any termination of these Terms of Use. Notwithstanding the foregoing, each party reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights or breach of the User Content and Activities provisions of this Agreement. Arbitration Rules, Governing Law, Jurisdiction and Venue. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action taken in a small claims court as contemplated by these terms will be the courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Metaculus otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Metaculus submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Metaculus will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Metaculus will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. If Metaculus changes this Legal Disputes section, you may reject any such change by sending us written notice (including by email to legal@metaculus.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Metaculus in accordance with the provisions of this Section as of the date you first accepted the terms of these Terms of Use (or accepted any subsequent changes to these Terms of Use). This "Legal Disputes" section shall survive any expiration or termination of your relationship with Metaculus. Policies When using the Service, you are subject to any posted policies or rules applicable to features you use through the Service, including without limitation the GENERAL POLICIES, FAQ/Help and all policies referenced in the General Policies or elsewhere in this Agreement. All such policies or rules are hereby incorporated into these Terms of Use. These policies may change from time to time. Miscellaneous Unless otherwise stated in this agreement, if any provision of the Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of Metaculus to exercise or enforce any right or provision of the Terms of Use is not a waiver of such right or provision. The section titles of the Terms of Use are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with Metaculus. Changes Metaculus may modify the Terms of Use including the linked policies contained herein from time to time, without prior notice, though you will receive email notice of substantial revisions to these Terms. By using our Service after we have updated the terms (or engaging in such other conduct as we may reasonably specify), you agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Service. It is therefore important that you review the Terms of Use regularly to ensure you are aware of any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use, and will apply to your use of the Service from that point forward. Entire Agreement The then-current Metaculus Terms of Use, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Metaculus regarding the Service. The Terms of Use may not be modified without the consent of a duly authorized representative of Metaculus, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether Metaculus signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with Metaculus. Contacting Metaculus If you have any questions or concerns regarding the Metaculus Websites or Service, please write to us Metaculus Inc., 119 Merced Ave, Santa Cruz CA 95060. All notices, authorizations, and requests to Metaculus shall be deemed given on receipt. Kaygees Signup Agreement All participants must provide us with the membership: * form including any medical conditions, * the Annual registration payment and the * signed participant agreement. Kaygees Gymnastics is affliliated with Gymnastics Victoria and Gymnastics Australia. The annual Registration payment provides all particpants with insurance cover and particpants will not be allowed to take part in classes without this cover. Uniform and Jewellery All participants must wear appropriate clothing during classes - active wear, singlets, t-shirts, shorts are recommended. Clothing with buttons and zippers are not permitted in the gym as it can be dangerous for the participant and may damage our equipment. Jewerllery such as necklaces, bracelets, long earrings, rings and anklets should be removed and all long hair tied back Late Arrival For your own personal safety and to avoid interruption to other participants, if you arrice after the class has commenced you may not be permitted entry. Intoxication Policy Any person under the influence of alcohol and or drugs will not be permitted entry into the class. If particpants that arrive to class are suspected to be under the influence of alcohol and or drugs they will be denied entry and may be banned from attending further classes. Being under the influence of alcohol and/or drugs will void all injury cover under the Annual Gymnastics Victoria Membership fee. Any participants that are banned from attending future classes due to intoxication will forfeit both their annual registration fee and any class passes purchased. Age Restriction All participants unless an exemption has been awarded by the Kaygees Gymnastics Club Inc. Committee of Management, must be over the age of 18 Participant Agreement I understand that all members of Kaygees Gymnastics Club Inc. will be covered under the guidelines of the Gymnastics Australia Member Protection Policy located at www.gymnastics.org.au.I agree to follow all club rules and policies and have read the participant agreement.I understand Kaygees Refund Policy and Payment of Fees Policy Ticketek - COVID-19 Refunds and Exchanges Terms and Conditions Application and Defined Terms These COVID-19 Refunds and Exchanges Terms and Conditions (Terms and Conditions) have been developed by reference to the Live Performance Australia COVID-19: Guidance on Refunds and Exchanges, and apply in addition to Ticketek’s standard Terms and Conditions of Sale, for any and all ticket purchases made from 15 September 2020. Remedy means at least one of the following: at the discretion of the Seller: Exchange means a ticket is exchanged for the same production on a different date, or to a different production sold by the same Seller; Credit note/voucher means the price paid for the ticket, which is held in credit against the customer's account or transferred to a voucher for use towards tickets to another production by the same Seller; or Refund means the price paid for the ticket is returned to the ticket purchaser; or an alternative remedy, as agreed between you and the Seller. Unless otherwise defined within these Terms and Conditions, defined terms have the meaning prescribed within Ticketek’s standard Terms and Conditions of Sale. Customer Remedy Requests You may be eligible for a Remedy, in accordance with these Terms and Conditions if you are required to self-isolate or quarantine (and the event falls within the isolation/quarantine period) due to: being a confirmed case of COVID-19; or having close contact with a confirmed case of COVID-19; or living in or having been in a high-risk area within Australia; or having returned from overseas; are unable to travel to attend the event due to border closures or local government area lockdowns that were not publicly known prior to the time of sale; have been tested for COVID-19 and are awaiting test results (and the event falls within the period of awaiting test results); or . are currently feeling unwell with COVID-19 symptoms; are prohibited from attending the event due to not meeting government mandated vaccination requirements which were imposed after the time of sale; or do not comply with the venue’s and/or Ticketek’s condition of entry to be fully vaccinated and this condition was not disclosed in the terms and conditions at the time of sale. (each, the COVID-19 Categories). You may be eligible for a Remedy, in accordance with these Terms and Conditions if you fall within one of the COVID-19 Categories, and if so, you should apply for a Remedy with Ticketek, in writing, as soon as possible, and no later than the event (or prior timeframe, if specified in the Seller Terms) (Remedy Request). If possible, you shall include supporting documentation (including a valid medical certificate) with your Remedy Request; and you must not attend the event. If Ticketek confirms, on behalf of the Seller, that you are eligible for a Remedy, and offers a specific Remedy in accordance with these Terms and Conditions, you must accept or decline the Remedy within 5 business days. Ticketek Terms of Service and Privacy Policy Ticketek Pty Limited ACN 010 129 110 ("Ticketek/we/us") will collect, store and use the personal information you have provided to us pursuant to the terms of this Collection Statement and our Privacy Policy. Uses of your personal information The primary purpose for which Ticketek is collecting your personal information is to provide you with ticketing services such as to process any ticket or other purchase you may have made with us, and to contact you if there is an event cancellation or change in event details, or for the replacement of lost tickets. You agree that we may also use your personal information for related secondary purposes including to: get a better understanding of you, your needs, your behaviours, and how you interact with us in order to identify ways in which we can provide you with a better service, or enhance your experience of our website and mobile site or other services; manage your dealings with us as a My Ticketek member; allow venue operators, authorised ticket on-sellers and promoters of events for which you purchase tickets to use it for operational purposes and, with your consent, marketing and promotional purposes; to allow sponsors, sporting clubs, authorised ticket on-sellers and re-sellers of events for which you purchase tickets to use it for operational purposes only, for example, to provide you with additional information about the event or venue that you are attending; for business research and development of new products and services, including for My Ticketek members and our business clients for the conduct of data analytics and predicting trends display content and advertising (including in relation to tickets and events) that is customised to your interests, preferences & experiences, including through online targeted marketing, data and audience matching, and market segmentation activities. send marketing and promotional material about our products and/or services (or the products and/or services of our Related Bodies Corporate) that we believe you may be interested in; engage in marketing services in connection with the product and services we provide; fulfil purposes otherwise required/permitted by law (including the Privacy Act); and fulfil any other purpose as expressly listed in our Privacy Policy. If you don't provide us with the personal information requested or the information provided is incorrect or incomplete, this could impact the level of service we are able to provide to you. For example we will not be able to contact you in the case of an event cancellation or venue change. Disclosures of your personal information to third parties We may disclose your personal information to the following organisations for the purposes described above (as well as otherwise permitted or required under Australian law): Ticketek's Related Bodies Corporate (including Ticketek New Zealand Ltd, TEG Insights, Eventopia and TEG Live); Ticketek's agents and other third parties contractors who carry out functions for us (including but not limited to, hosting, email marketing and/or data processing providers); venue operators and promoters of events for which you purchase tickets; to sponsors, sporting clubs, authorised ticket on-sellers and re-sellers for operational purposes only; and any other organisation as expressly covered in our Privacy Policy. Disclosures of your personal information to overseas recipients Some recipients to whom we disclose your personal information may be based overseas, most likely in the Philippines and New Zealand, although countries where such recipients are located may vary. For example, from time to time we disclose personal information to our related company, Ticketek New Zealand Ltd. By accepting this Collection Statement, you consent to us disclosing your personal information to overseas recipients. Ticketek's Privacy Policy Please see Ticketek's Privacy Policy for further details regarding: how you may access or correct any of your personal information collected by Ticketek; and how you may lodge a complaint with Ticketek for a breach of any APP or APP code, and how Ticketek will action such complaint. If you have any queries, concerns or other questions regarding Ticketek's collection of your personal information, please contact Ticketek's Privacy Officer at: privacy@ticketek.com.au Ticketek Privacy Policy We Respect Your Privacy At Ticketek* the security of personal information that we collect is of utmost importance to us. You can find information about how we handle and manage your personal information in this Privacy Policy. Our aim is to provide this information to you in an open and transparent manner, so that you can make informed decisions about your dealings with us. However, if you have any questions about this Privacy Policy or how we manage your personal information, please contact our Privacy Officer. This Privacy Policy also provides information about how you can seek access to and correction of the personal information that we hold about you. We may update or revise this Privacy Policy from time to time. You can find the most current version on our website (www.ticketek.com.au) or ask our Privacy Officer for a copy. What kinds of personal information does Ticketek collect and hold? The kinds of personal information that we collect will vary depending upon our interaction with you but may include: your name, address and other contact details (like your telephone number); your email address; your date of birth; your gender; transaction details relating to any purchase(s) that you have made with us or that have been made on your behalf; credit card details, if you make a purchase with us or choose to have these stored in your online My Ticketek account to make the checkout process faster; your My Ticketek username; any preferences that you select; and any other personal information which may be required in order to facilitate your dealings with us. How does Ticketek collect personal information? Generally, we collect personal information when you: make a purchase through our network which includes our website, mobile site, Ticketek App, call centre, group bookings department, Privilege Club, national agency network or box offices; register as a My Ticketek member via our website, mobile site or Ticketek App; purchase or renew your membership of a sporting club to which we supply membership services; participate in a Ticketek survey, competition, promotion or other marketing campaign; indicate that you wish to receive news, offers or other marketing material from Ticketek; sign up to a waitlist or an event use certain features accessible from the Ticketek App; make an inquiry or a complaint; have other dealings with us, for example, via social media or in person, over the phone or when you write to us. In certain circumstances, we may also collect personal information about you in the course of combining and analysing different data sets which, in and of themselves, may not contain personal information. Sometimes we collect personal information about you from other sources, for example: our related companies which include TEG Insights Pty Ltd (formerly TEG Rewards Pty Ltd) people making a purchase on your behalf; our business clients such as venues, promoters and sporting clubs; or third party suppliers and contractors who assist us to operate our business, such as: information technology suppliers marketing and digital services suppliers research and development organisations data partners analytics consultants; and publicly available sources of information Also, from time to time Ticketek collects personal information about individuals who are not customers. This is usually where we collect the name and business contact details of a person who is the contact in a government agency or company with whom we deal. Ticketek's policy is to only use personal information collected from non-customers for the main business purpose for which it was collected. How does Ticketek hold personal information? Ticketek may hold your personal information in electronic or hard copy format or a combination of both. This personal information may be combined or linked with other information held about, or which we attribute to, you, including: information (personal or otherwise) that we collect from our website and mobile site (as described below in relation to "Cookies, Tracking and Advertising") or from third parties; and personal information we receive from our group companies and client businesses, who, in common with us, have a relationship with you and where we understand that you have consented to such group companies and client businesses sharing your personal information with us. We have taken a number of physical, electronic and procedural steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. Ticketek protects the personal information it collects in a secure database stored by our third party data storage provider. It is in proprietary data format, which can only be read using proprietary tools. Data collected online is stored in a Microsoft SQL database; a protected, secure data centre that is unreachable by the internet. Ticketek encrypts data sent from your computer to our systems during internet transactions. Ticketek also employs firewalls, intrusion detection systems and virus scanning tools to protect against unauthorised persons and viruses from entering our systems. Ticketek employees are required, as a condition of their employment, to treat personal information held by Ticketek as confidential, and to maintain the confidentiality of that personal information. They are also required sign in and use a password when accessing Ticketek systems and to undertake training about how to manage personal information. What are the purposes for which Ticketek may collect, hold, use and disclose personal information? Generally, Ticketek only uses personal information for the primary purpose for which we have collected it, or for another closely related secondary purpose. Our potential uses of personal information which Ticketek collects (and for which you consent to us using your personal information for) may include: to process and fulfil your orders for tickets (or other items) from us; to contact you if there is an event cancellation or change in event details, or for the replacement of lost tickets; to get a better understanding of you, your needs, your behaviours and how you interact with us in order to identify ways in which we can provide you with a better service, or enhance your experience of our website and mobile site or other services; managing your dealings with us as a My Ticketek member; so that we can promote our products and services to you and the products and services of third parties that we deal with; to allow our related companies to promote their products and services to you and those of their partners; so that venue operators and promoters of events for which you purchase tickets sponsors, sporting clubs, authorised ticket onsellers and resellers can use it for operational purposes; detecting and preventing fraud and unauthorised ticket onselling; for business research and development of new products and services, including for My Ticketek members and our business clients; to facilitate the competitions, special offers and promotions that we or our partners run; displaying content and advertising (including in relation to tickets and events) that is customised to your interests, preferences and experiences, including through online targeted marketing, data and audience matching and market segmentation activities; verifying your identity; so that we can respond to inquiries and complaint handling; and for the conduct of data analytics and predicting trends; marketing services in connection with the products and services we provide; and to comply with our legal and regulatory obligations and enforce our legal rights. Sometimes Ticketek will produce aggregated data. Ticketek may also receive aggregated data from its third party suppliers and contractors or business customers. This aggregated data does not identify individuals. Ticketek uses, and may combine, the aggregated data it produces and receives for research purposes and in connection with products and services we provide to our business clients. From time to time, there may be other purposes for which we collect, hold, use and disclose your personal information. We will tell you about these at the point of collection. Direct Marketing and Research As set out above, Ticketek may use personal information about you for marketing and research purposes. However, you can manage your Ticketek communication preferences in a number of ways, eg within your My Ticketek account if you are an online customer; or by contacting our Privacy Officer. In addition, the marketing communications that we send to you may also contain information on how to unsubscribe from those communications. You can also tell us at any time if you do not want us to disclose your details to other organisations such as our related companies or third parties for marketing purposes. To do this, you just need to contact our Privacy Officer. Who might Ticketek disclose my personal information to? Ticketek may disclose your personal information: to venue operators and to promoters of events for which you purchase tickets. Ticketek discloses your personal information to such organisations for operational purposes and also because from time to time they may choose to provide you with information about their events by ordinary post. If you consent, these organisations may use this information to provide you with promotional and marketing material about their events via email. You may change your preference to receive email marketing at any time directly with the organisations which have obtained your information. If you do not have their details, you can contact Ticketek's Privacy Officer directly; to sponsors, sporting clubs, authorised ticket onsellers and resellers who (unless they obtain a separate consent from you) use it for operational purposes only, for example, to provide you with additional information about the event or venue that you are attending; and to other TEG Pty Limited (TEG) group companies and their contractors (such as data management providers). TEG group companies include TEG Live, TEG Insights, Eventopia and any entities that may in future become part of the TEG group of companies or in which TEG may have an interest. Ticketek may disclose your personal information to these entities for the purposes of, for example, ensuring that information collected is accurate, complete and up-to-date, producing anonymised and aggregated information for the benefit of other TEG companies, and enabling us and other TEG companies to better understand and meet your needs and interests. to third party contractors and service providers who help us operate our business or provide a service to you. Ticketek may disclose your personal information to third party contractors and service providers who, for example, help us operate our computer systems, provide us with fraud prevention services, operate certain features accessible from our website such as the Adboost platform, send out our mail/email and clean collected data and who perform data analysis to group demographic attributes of individuals. to Government bodies/instrumentalities or the Seller, in response to, or in anticipation of, a request for your personal information for the purposes of COVID-19 contact tracing or responding to COVID-19 related public health orders or directions. The contact tracing information which may be disclosed includes your full name, contact email and/or contact phone number and by purchasing your ticket, you are providing Ticketek with your permission to disclose such information for this purpose. Otherwise, Ticketek will only disclose your personal information: where we are required to do so by law; if the disclosure is permitted under the Privacy Act 1988 (Cth); or if you have consented to the disclosure. Does Ticketek disclose personal information to overseas recipients? Some of the recipients to whom we disclose personal information may be located overseas, most likely in the Philippines and New Zealand although the countries where such recipients are located may vary. For example, from time to time we disclose personal information to our related company, Ticketek New Zealand Ltd What happens if Ticketek does not collect my personal information? Where it is lawful and practicable to do so, we will give you the option of not providing personal information, or of using a pseudonym, when you deal with Ticketek. For most events, you may be able to make a cash transaction at a Ticketek retail agency without providing personal information. However, if we do not collect personal information about you at the point of sale or when you interact with us, this could impact the level of service we can provide to you, for example, we will not be able to contact you in the case of an event cancellation or venue change or we may not be able to properly respond to your inquiry or investigate your complaint or fully process your transaction. Cookies, Tracking and Advertising For each visitor to our website and mobile site, our server automatically recognises and stores the visitor's IP address. In addition, our website and mobile site use cookies. To enhance your experience when using our website or mobile site, these store information you have provided to us (such as your postcode, preferences, region and sign in username) to enable us to provide a more personalised service to you. If you use the 'Keep me signed in' feature during the My Ticketek 'sign in' process, the cookies will also store your sign in username. Our website and mobile site may also carry third party cookies, which automatically collect anonymous information from you, such as your demographics and interests. This information may be disclosed to third parties for the purpose of providing you, and others, with a more targeted ticket and event information and/or an enhanced advertising experience both on and off the Ticketek website or mobile site. Most web browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may either set your browser to prompt or refuse cookies, or you may opt out of receiving personalised ads in this browser here. Note that rejecting cookies will disable your browser from purchasing tickets from our website or mobile site. We also use cookies for measuring, collecting, analysing and reporting data from our website and in connection with general marketing and research services. This allows us to better understand our users and improve the layout and functionality of our website. This tracking is conducted in such a way to ensure the anonymity of visitors. Sometimes our website or mobile site contains links to third party websites, for your convenience and information. When you access a non-Ticketek website, please understand that Ticketek is not responsible for the privacy practices of that site. We suggest that you review the privacy policies of each site you visit. To try and bring you offers that are of interest to you, Ticketek has relationships with other companies that we allow to place advertisements on our web pages. If you visit our website or mobile site, ad serving companies may collect information such as your domain type, your IP address and clickstream information. For further information about this, we suggest you refer to the privacy policies of Omniture (www.omniture.com), Double Click (www.doubleclick.net), Nielsen/NetRatings (www.netratings.com) and Google Analytics (www.google.com.au/policies/privacy). Access and Correction Under the Australian Privacy Principles, you have a right to request access to the personal information that Ticketek holds about you and seek its correction. If you are a My Ticketek member, you are able to access or correct some of your personal information by logging onto our website (www.ticketek.com.au) or mobile site (m.ticketek.com.au). If you are not a My Ticketek member, so that your request reaches the right person, please send it to our Privacy Officer . Please include your contact details such as email address and telephone number and enclose a copy of a form of identification such as a current driver's licence or passport. We will not charge you for making such a request but will let you know if there is a cost for supplying you with access to or correcting the personal information. We aim to respond to requests for access or correction within 30 days. There are certain situations under the Australian Privacy Principles where we may refuse to provide you with access to or correct your personal information but we will always let you know in writing if this is the case. Complaints and how to contact our Privacy Officer Our Privacy Officer can be contacted by: e-mail at privacy@ticketek.com.au facsimile on (02) 9266 4244 letter to GPO Box 1610, Sydney NSW 2001 If you feel that Ticketek is not complying with this Privacy Policy or the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), please put your concerns in writing and send them to our Privacy Officer by one of the methods set out above. We will always endeavour to investigate your complaint and respond to you as soon as practicable after receipt, generally within 30 days. If you are not satisfied with our response, you may refer the matter to the Office of the Australian Information Commissioner. Last updated 14 December 2020 *Ticketek means Ticketek Pty Ltd, ABN 92 010 129 110 Ticketek Terms and Conditions of Sale Ticketek Pty Ltd (ABN 92 010 129 110) (“Ticketek”) provides ticketing services, including the sale and distribution of tickets, as agent for the venue, promoter or person responsible for holding the relevant event (the “Seller”). In providing these services, Ticketek owns and operates Ticketek.com and Ticketek.com.au (the “Site”). Please read these Terms and Conditions carefully before purchasing a ticket. By purchasing a ticket from Ticketek, you agree to be bound by these Terms and Conditions. These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticketholders (“you”). Variation to Terms and Conditions Ticketek may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated. Additional Seller Terms and Conditions Each ticket is also sold subject to any additional terms and conditions of the Seller for the particular event (including their Conditions of Entry) (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the event information on Ticketek’s website and at Ticketek agents and outlets at the time of purchase. The Seller’s Terms are also available from Ticketek on request. General Terms and Conditions Ticketek acts as agent for the Seller in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the Seller and, except to the extent required by law (including the Australian Consumer Law) Ticketek otherwise has no liability to you. Without limiting other remedies, Ticketek may limit, suspend or terminate the MyTicketek account of users who are acting inconsistently with these Terms and Conditions, including in particular the accounts of users who we believe are harassing, threatening or abusing our employees or other users or who act in an unlawful or inappropriate manner. For clarity, Ticketek may limit, suspend or terminate the MyTicketek account of a user which has been activated primarily to circumvent temporary or permanent suspensions already in place with respect to a different account. Refunds, exchanges and replacements Subject to requests made under the Refundable Tickets Terms and Conditions of Sale below, or the COVID-19 Refunds and Exchanges Terms and Conditions: Ticketek will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. Ticketek does not offer refunds or exchanges as a result of a change in your personal circumstances; If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law (including the Australian Consumer Law), neither Ticketek nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses; Ticketek will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. Ticketek may charge a reasonable fee for the replacement of tickets. Ticketek may not replace tickets where seating is unallocated (general admission tickets); You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at an event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation; In most cases, refunds will be automatically processed to the credit card originally used for purchase. Variations to performances or events The Seller reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity. Conditions of entry Admission to an event is subject to the Seller’s Terms. In particular, the following form part of the Seller’s terms unless otherwise specified: You may be denied entry into, or removed from, an event where the Seller has reasonable grounds to do so, including if you breach these Terms and Conditions or the Seller’s Terms, or you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the event by others. If you arrive late, you may not be admitted until a suitable break in the event. You may not be permitted to take into the event, or use, cameras or other photographic or recording equipment (including mobile phones). You may be required to submit to a search of your person and/or possessions before entering the event. COVID-19 specific conditions of entry You acknowledge that the event may be scheduled to be held, or will be held, during a time at which one or more Government directions or regulations may be in force regarding the number of persons attending an event (or the holding of the event itself). If that is the case, then the number of persons permitted to be in or around the Venue may be affected, resulting in the Seller (or Ticketek, on behalf of the Seller) being required to or deciding to: cancel or postpone the event; reduce the number of persons who may attend the event; change your seating allocation; and/or change any standing or seating configurations for attendance at the event; in which case You may receive a refund in accordance with these Ticketek Terms and Conditions of Sale, or the COVID-19 Refunds and Exchanges Terms and Conditions, as the case may be. You agree to comply with all Government directions, orders and regulations relevant to attending live events, which may be in place at the time of the event. If you are attending the event as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must: (a) make the contact details of your group available to the Government (if you have the consent of each group member to do so); or (b) contact each member of your group, and request that they provide their contact details to the Government directly. All attendees in your group, including yourself, must commit to stopping the spread of COVID-19. If at the time of the event, either you, or any other members of your group are feeling unwell or are subject to a self-quarantine or self-isolation period, you agree not to attend the event. If you do attend the event, you agree to assume all risk associated with COVID-19 Authenticity and validity of tickets Entry to an event may be refused if the authenticity or validity of a ticket is questionable, including because the ticket has been damaged or defaced in any way, or has not been purchased from Ticketek or other authorised points of sale. Resale of tickets & scalping Tickets may not, without the prior written consent of Ticketek and the Seller, be resold or offered for resale at a premium (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the ticketholder of the ticket may be refused admission. Ticketek will use reasonable efforts to notify you of such action. SCALPING WARNING: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties. Collection and delivery of tickets You must allow adequate time for collection or delivery of tickets. Methods of collection and/or delivery will be available when choosing your collection/delivery details. In the interests of minimising ticket scalping, Ticketek may change your delivery method to "venue collect" at its discretion. Where concessions are applicable, suitable and valid identification must be provided for collection of tickets and at the event. Limitations on number of tickets purchased When purchasing tickets for a particular event you may be limited to a specified number of tickets. If you exceed the stated ticket limit, you may have any or all of your orders and tickets cancelled without notice by Ticketek at its discretion. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information. Ticket limits apply to ensure fair access to tickets for fans, and as a measure to minimise ticket scalping. System Errors While Ticketek takes all reasonable care to ensure that tickets are correctly priced and only available for sale when intended, sometimes errors may occur. Ticketek may cancel an order made as a result of any such error, although in the case of a pricing error Ticketek will endeavour to contact you to give you the option of purchasing the ticket at the correct price. Customer Errors If an error on your behalf results in Ticketek reprocessing the ticket transaction at your request, Ticketek may charge to you the actual costs incurred in reprocessing the ticket transaction, including any chargeback or postage fees charged to Ticketek by a third party. For information regarding ticketing of live entertainment and sporting events, or to obtain a copy of the Code of Practice for Event Ticketing contact Ticketek or refer to www.liveperformance.com.au. Ticketek Online Terms of Use and Privacy Policy The Website Terms of Use and the Ticketek Australia Privacy Policy are incorporated into these Terms and Conditions and apply to all sales through this Site. General The term “including” when used in these Terms and Conditions is not a term of limitation. Sedo Purchase and Sale Agreement Provisional Contract: Please note that this document is not yet legally binding, as no agreement has been reached between the buyer and seller. Once an agreement has been reached this document will become binding. This document should therefore be treated as a sample of the post-agreement contract. The following are the agreed upon terms and conditions for the purchase and sale of docnosis.com. This agreement is written between Seller and Buyer, collectively the “Parties”. 1. Definitions. In this agreement the following words and phrases shall have the following meaning: “Marketplace” means a domain trading platform whereby domain owners may list, market, auction, and sell Domains to buyers ("Sellers"), and whereby domain buyers on the Site and Promotional Partner Network may search, bid, and purchase domains from their owners ("Buyers"). “Site” means an international collection of URLs that are owned or operated by Sedo GmbH, Germany or Sedo LLC, USA or one of its subsidiaries. “Promotional Partner Network” means an international collection of URLs that are owned or operated by companies cooperating with Sedo GmbH, Germany or Sedo LLC, USA or one of its subsidiaries. “Purchase Object” means an Internet domain name offered for sale by the Seller via the Marketplace. Offers at the Site are under the conditions articulated by Seller in their Offer Description posted on the related Make Offer page for their listing, including, when marked as a website/project, content comprising the Website associated with said Internet domain, or conditions otherwise agreed upon by the Parties in the course of negotiation. “Website” means any and all multimedia content, images, databases, user lists (including credentials and contact information, when applicable), and related underlying source code required for the continual operation of the website found at the corresponding domain at the time of agreement, unless otherwise indicated by Seller in their Offer Description or otherwise altered in the course of negotiation. 2. Purchase Object and Purchase Price The Purchase Object of this Purchase and Sale Agreement of XXX is the Internet domain name docnosis.com, and when included by the Seller as indicated on the Make Offer page, the related Website. The Purchase Price shall amount to XXX EUR including any statutory tax that may be incurred (for instance VAT). 3. Warranties and Representations a) The Seller guarantees that they are the owner of the aforementioned Purchase Object and may freely dispose of said Purchase Object. Furthermore, Seller warrant that the Purchase Object is not encumbered by the rights of third parties and that to date, they have not received any warnings of potential litigation or preliminary injunctions against the Purchase Object that have not been disclosed to Buyer. b) The Buyer understands and agrees that it is their sole responsibility and duty to perform all necessary due diligence before entering into this agreement to buy the Purchase Object, including research of fitness for particular intended uses, trademark clearance, or anything that could inhibit their future use and enjoyment of the Purchase Object. c) Buyer and Seller shall be liable to each other only for damages that are based upon their failure to perform the necessary steps to complete this transaction, intentional wrongdoing or gross negligence and shall not be liable for claims seeking consequential or punitive damages. 4. Processing the Transaction a) For Buyers who accessed the Marketplace via a website participating in the Promotional Partner Network, the parties agree that the partner website and their affiliates shall assist Buyer fulfill his/her Purchase Price payment obligations and taking control of the Purchase Object. Sellers in such transactions agree that facilitating the transfer of control of the Purchase Object away from the Seller and payment of the Purchase Price to the Seller after such transfer was successfully completed shall be conducted by Sedo LLC, 222 Third Street, Suite 3120, Cambridge, MA 02142, USA and/or Sedo GmbH, Im Mediapark 6, 50670 Cologne. b) For Buyers who accessed the Marketplace directly on the Site, both Parties agree that processing of payment of the Purchase Price and facilitating the transfer of control of the Purchase Object shall be conducted by Sedo LLC, 222 Third Street, Suite 3120, Cambridge, MA 02142, USA and/or Sedo GmbH, Im Mediapark 6, 50670 Cologne. The Parties understand that Sedo LLC or Sedo GmbH may charge a fee and agree that such fee will be paid by the Parties according to the related terms of use. Furthermore, the Parties acknowledge that any fee owed to Sedo GmbH or Sedo LLC is due at the effective date of this purchase and sale agreement, regardless of the completion of such. In the event that either party fails to perform all reasonable steps necessary to submit payment, complete the transfer of control of the Purchase Object, or otherwise fails to communicate with Sedo’s representatives in a timely manner, Sedo LLC or Sedo GmbH shall have the permission of the Parties to cancel or temporarily suspend attempts to transfer said Purchase Object and to demand the commission from the Party who has failed to complete all reasonable steps necessary to complete the transaction. BUYER’S PAYMENT MUST BE SENT TO SEDO AND THE REMITTANCE CONFIRMED IN WRITING TO SEDO VIA THE SEDO ACCOUNT INTERFACE WITHIN SIX (6) DAYS FROM DATE OF AGREEMENT. 5. Disputes & Specific Performance a) Due to the unique and specific nature of Internet domain names, the Parties agree that in the event a breach of this agreement results in a failed attempt to transfer control of the Purchase Object from Seller to Buyer, the aggrieved Party shall have the right to demand specific performance in lieu of monetary damages. b) In the event that either Party requires legal assistance enforcing their rights pursuant to this agreement, the winning Party is entitled to recover legal fees from the other. c) This Agreement shall be governed by and construed in accordance with the laws of Germany, without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of Germany or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Germany. d) If any provision of this Agreement, or part thereof, shall be held to be unenforceable, void or contrary to law, such provision, or part thereof, shall be severed from this Agreement, with the other provisions remaining in full force and effect. The ineffective provision shall be replaced by a valid one that approaches the ineffective provision as closely as possible. Sedo Domain Transfer Agreement Effective Date: 11 April 2019 1 Introduction This Sedo Domain Transfer Agreement (this “Agreement”) is entered into by and between Sedo.com, LLC (“Sedo”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Sedo’s Domain Transfer Service (“Domain Transfer Service” or the “Service”). Your acceptance of this Agreement indicates that you have read, understand and agree to the terms of this Agreement, along with Sedo’s User Agreement, which is hereby incorporated by reference. Any capitalized terms not defined within this Domain Transfer Agreement shall have the meaning as described in the Sedo User Agreement. In the event any of the terms found herein conflict with the Sedo User Agreement, the terms of this Agreement shall control. If Sedo intends to amend this Domain Transfer Agreement, Sedo will notify you thereof. If you do not object thereto in due form or in due time, the amended Domain Transfer Agreement shall take effect two (2) calendar weeks after receipt of the notice. An objection is only deemed to have been made in due form and in due time if it is made in writing and is received by Sedo within two weeks after receipt of the notice. Sedo shall notify you of the possibility of filing an objection and of the form and time limit therefor and the legal consequences of failing to file an objection in due form and in due time. Unless otherwise agreed between Sedo and you, side agreements, amendments, or addenda to this Agreement are not valid unless set forth in written form. Any waiver of this written form requirement is also not valid unless set forth in written form. These terms and conditions are drafted in English, German, French, Spanish and Chinese language. In the case of any inconsistency between the English version and the other versions, the English version will prevail. 2 Description of Domain Transfer Service The Domain Transfer Service offers Sedo's assistance with the transfer of a registration of, or legal right to register, an Internet domain name (“Domain”) that is the subject of a purchase and sale agreement whereby a domain buyer (“Buyer”) has agreed to purchase the Domain from a domain owner (“Seller”) for an agreed upon amount (“Purchase Price”). Content, data, programming or other elements of the website/project and/or any additional consideration included in a purchase and sale agreement between Buyer and Seller are outside the scope of the Domain Transfer Service and the transfer or payment for such shall be the sole responsibility of Buyer and Seller. Buyer and Seller agree that they are solely responsible for the transfer of any and all elements of a transaction outside the Domain and Purchase Price and that once the Domain Transfer Service is initiated and accepted by Sedo, neither party will request cancellation due to a dispute over such. Drafting of custom purchase and sale agreements, enforcing the terms of such agreements between Buyer and Seller, or any legal consultations on the part of Sedo are not included in the Service and must be obtained from User's own legal representative. 3 Rights and Duties of Sedo Sedo acts here neither as a Buyer or Seller, nor as the representative of a Buyer or a Seller, nor as a broker. Sedo reserves the right to review and accept or reject any orders for the Domain Transfer Service in its sole discretion. This includes, but is not limited to, rejecting any orders in which the Purchase Price is less than the fees owed to Sedo pursuant to this Agreement, the Price List, or any other agreement for services related to the Domain. Sedo shall provide all instructions and any materially related information as known to Sedo to Buyer and Seller through the Transfer Center section of the Sedo Site. You shall not hold Sedo responsible to reach out to you through other contact information listed in your User Account. You will be emailed via the email address listed in your User Account when communications are posted to the Transfer Center. Not being aware of any communications posted to the Transfer Center shall not be grounds to release you from any of your obligations in this Agreement. 3.1 Transferring the Domain Sedo shall instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical domain name registration transfer process. Sedo can only ensure the prompt and orderly transfer of the Domain if Sedo's instructions to the Buyer and Seller are strictly followed. A successful transfer of the Domain has taken place when the Seller has relinquished technical control of the Domain and no longer needs to take any actions to allow the Buyer to gain technical control of the Domain (“Successful Transfer”). In lieu of direct knowledge of the shift in technical control, you acknowledge that a Successful Transfer will also be considered to have taken place if (a) the Buyer modifies the Domain’s public WHOIS record, (b) Sedo receives confirmation from the Buyer’s registrar or the registry that the Buyer has control of the Domain, (c) the Buyer confirms receipt of the Domain in writing (including through the Transfer Center) or (d) the Buyer has not replied to Sedo’s requests for confirmation of Buyer’s control of the Domain within five (5) days of the first request from Sedo. In the case of the latter, Buyer’s silence in response to Sedo’s requests shall constitute Buyer’s confirmation of control of the Domain. A Successful Transfer may also occur in those cases where Sedo, at its sole discretion, assumes temporary control of the Domain on behalf of the Buyer and Seller to effectuate the transfer. In the event Sedo assumes control of a Domain during the transfer process, Sedo is not obligated to Buyer or Seller to maintain or alter the Domain’s domain server settings or otherwise display content of any kind on the Domain. 3.2 Registrar Accounts Sedo may, at its sole discretion, coordinate with the Buyer or Seller’s registrars to obtain control of the Domain in order to expedite the Service. This may take the form of temporarily holding the Domain in a registrar account assigned to Sedo. Buyer and Seller authorize Sedo to transfer the Domain to a registrar account assigned to the Buyer only once the Buyer has remitted payment as per Section 4.2. Both Buyer and Seller acknowledge that Sedo is at no point the owner or registrant of the Domain and you agree to indemnify Sedo for any reasonable damages or costs incurred should the Domain be used to infringe upon the rights of a third party. 3.3 Purchase Price Sedo may, at its sole discretion and where in compliance with local regulations, require Buyer to remit the Purchase Price to a bank account owned by Sedo in order to expedite payment to the Seller and ensure payment of any fees owed by either party to Sedo. The Purchase Price shall be safeguarded on Buyer’s and Seller’s behalf until disbursed to the Seller. Sedo shall only disburse the Purchase Price to the Seller after the Seller has released control of the Domain to the Buyer or to Sedo. 3.4 Anonymity Sedo may, at its sole discretion, restrict the identity of the other User during any portion of the Domain Transfer Process to provide anonymity for the parties to the purchase and sale agreement. Both during and after the Domain Transfer Process, Sedo shall not provide any identity information beyond the name, address and e-mail address of the other User without that User’s explicit consent unless required by law. 3.5 Disputes between Buyer and Seller BUYER AND SELLER AGREE THAT SEDO SHALL NOT BE RESPONSIBLE FOR SEEKING ENFORCEMENT OF ANY PURCHASE AND SALE AGREEMENT. In the event that the Buyer and Seller become involved in a dispute at any time during the Domain Transfer Service, Sedo may temporarily stop providing the Service at its sole discretion and may set a reasonable deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution, Sedo reserves the right to cancel the Domain Transfer Service. At that point, the aggrieved party, either Buyer or Seller, may exercise their right to initiate a legal process or proceeding against the other party. Both Buyer and Seller agree that Sedo is not responsible or liable in any way for a purchase and sale transaction ending in this manner. 3.6 Cancellation of the Service Sedo reserves the right to cancel the Domain Transfer Service ("Failed Transfer") for the following reasons. Sedo may cancel the Domain Transfer Service if any provisions of the purchase and sale agreement conflict with the provisions of this Agreement. Sedo may cancel the Domain Transfer Service because of a dispute between the Buyer and Seller pursuant to Section 3.5. Sedo may cancel the Domain Transfer Service if Buyer or Seller fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by Sedo via the Transfer Center. Sedo may cancel the Domain Transfer Service if the Service violates the local regulations of either Sedo’s, the Buyer’s or Seller’s jurisdiction. Sedo may cancel the Domain Transfer Service if either party to the purchase and sale agreement materially breaches this Agreement. If Sedo has obtained control of the Domain pursuant to Section 3.2, Sedo shall return the Domain to the Seller if payment has not been remitted to the Seller or, otherwise, Sedo shall transfer the Domain to the Buyer. If Sedo has received the Purchase Price pursuant to Section 3.3, Sedo shall return the Purchase Price to the Buyer if the Domain has not been transferred to the Buyer or, otherwise, Sedo shall disburse the Purchase Price to the Seller. Should either party fail to meet to their obligations under this Agreement or the purchase and sale agreement, Sedo shall provide the identity of the breaching User to the injured User upon request. PROVIDED THAT A CLAIM ORIGINATING FROM A FAILED TRANSFER IS NOT BASED UPON THE INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF SEDO, ITS STATUTORY REPRESENTATIVES OR VICARIOUS AGENTS, BUYER AND SELLER AGREE THAT SEDO SHALL NOT BE LIABLE FOR DETRIMENT OR DAMAGES, ORIGINATING FROM A FAILED TRANSFER CAUSED BY, BUT NOT LIMITED TO, EITHER BUYER OR SELLER (i) REJECTING THE PROPER COMPLETION OF TRANSFER-RELATED DOCUMENTS, (ii) IMPEDING THE EXECUTION OF THE TRANSACTION IN ANOTHER WAY, OR (iii) IN THE CASE WHERE ONE OF THE CONTRACTUAL PARTIES CANNOT BE PROPERLY IDENTIFIED DUE TO PROVIDING INCORRECT OR MISLEADING CONTACT INFORMATION. 3.7 Subcontractor You acknowledge and agree that Sedo may utilize the assistance or service of a third-party provider to fulfill its obligations under this Agreement so long as the identity of the provider is disclosed to you and you will not incur any additional cost for Sedo’s use of the provider’s services. You hereby authorize Sedo to share confidential information regarding the transaction with such a third party provided that the third party is bound to the same degree of care as Sedo to protect that information. 4 Rights and Duties of Domain Buyer The provisions of this Section 4 shall apply to you for any Transaction in which you are the Buyer. 4.1 Reaching an Agreement If you have purchased the Domain during the course of a Domain Marketplace bidding process, you are bound by the standard online purchase and sale agreement supplied by Sedo and tailored to the Domain that was the subject of the negotiation. If you have purchased the Domain in conjunction with Sedo’s Brokerage Service, you are bound by the purchase and sale agreement negotiated between you and the Seller. In all other cases, you hereby opt to use the standard online purchase and sale agreement supplied by Sedo and available for review here unless you provide a copy of a different purchase and sale agreement to Sedo when initiating the Domain Transfer Service. YOU AGREE TO WAIVE ANY RIGHT TO RESCIND THIS AGREEMENT AND/OR THE PURCHASE AND SALE AGREEMENT WITH THE SELLER, WHETHER OR NOT SUCH RIGHT OF RESCISSION IS BASED ON LOCAL LAW OR CONTRACT. FURTHERMORE, YOU EXPLICITLY AGREE NOT TO INVOKE ANY RIGHT OF RECESSION AS A JUSTIFICATION TO SEEK CANCELATION OF THIS AGREEMENT AND/OR THE PURCHASE AND SALE AGREEMENT WITH SELLER. 4.2 Remitting Payment You agree to promptly remit payment of the Domain Purchase Price upon receipt of instructions from Sedo. You agree that Sedo, at its sole discretion, shall determine whether to accept payment in the Contract Currency or your User Currency (as per Section 6 below) and that you are not entitled to demand Sedo remit payment in the other currency, another currency, or apply a different exchange rate. In cases where this is to a bank account under Sedo’s control, the Purchase Price will be safeguarded on Seller’s and your behalf. Sedo reserves the right to apply the payment, or any part thereof, to any outstanding obligations you owe to Sedo before applying payment to the Purchase Price. You acknowledge that failure to remit sufficient funds to cover any outstanding obligations you owe to Sedo and the Purchase Price is not grounds to release you from any obligations of the purchase and sale agreement. If you require an invoice or tax information (such as a form W-9) related to the purchase and sale agreement, you shall inform Sedo of this requirement prior to remitting payment. Sedo shall communicate the request to the Seller as Sedo is not a party to the purchase and sale agreement and cannot furnish those documents. You agree that you shall not portray Sedo as the Seller of the Domain to any third party. Failure to receive these documents subsequent to remitting payment shall not be grounds to release you from any of your obligations in this Agreement. 4.3 Transferring the Domain You agree to cooperate with all of Sedo’s instructions regarding the technical transfer of the Domain registration. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the Seller as a material breach of the purchase and sale agreement. Should you not respond to Sedo's instructions within a period of time as clearly communicated by Sedo, Sedo may, at its sole discretion, transfer the registration of the Domain on your behalf to a registrant account in your name without your further cooperation (“Quick Transfer”). In the case of a Quick Transfer, you authorize Sedo to create a domain registrant account on your behalf. including agreeing to the registrar’s terms of use on your behalf and providing that registrar with the contact information in your Sedo User Account. In such an event, you consent to Sedo’s transmission and use of your personal data for this limited purpose. You further authorize Sedo take any actions deemed necessary to receive the Domain registration in that account and agree to reimburse any fees incurred by Sedo to receive the Domain registration in this account. Once the Domain is received in this account, Sedo shall be authorized to deem the transfer of the registration to you as a Successful Transfer with regard to you and you cannot claim that Sedo has not performed its duties under this Agreement based solely on the fact that the Domain is not at your preferred domain registrar. Likewise, once the Domain is received in this account you cannot claim that you do not have control of the domain for reasons related to your inability to utilize the registrar tools to update the domain registration information or hosting servers for the Domain. You acknowledge that the registrar may charge you fees in the future to maintain the registration and you agree that Sedo shall have no responsibility to ensure the registration is maintained or to support you in transferring the Domain to a different registrar. Once the initial transfer of the Domain is complete, you acknowledge that you are free to change the registrar for the transferred Domain at your own expense subject to the policies of the initial registrar and acknowledge that those may include policies, such as a 60-day lock, that limit your ability to further transfer the Domain until a period of time has elapsed. You also acknowledge that assistance with any further transfers of the Domain are not part of the Domain Transfer Service and that Sedo is also not obliged to extend the Service for such purposes. If Sedo, at its sole discretion, assumes temporary control of the Domain, you agree to take over technical control of the Domain promptly when instructed to do so by Sedo and to update the WHOIS information accordingly. Sedo shall not be held responsible for maintaining the Domain and if you do not take over technical control of the Domain within sixty (60) days after Sedo took over temporary control of the Domain, it is in Sedo’s discretion not to extend the Domain registration period. This may result in the lapse or expiration of the Domain and you agree to hold Sedo harmless and will not be compensated for this loss. You agree to promptly confirm or deny your control of the Domain upon receipt of such an inquiry from Sedo. Sedo shall be authorized to deem the transfer of registration to you complete should Sedo not receive a response within five (5 days). In this case, Sedo is entitled to consider the transfer of the registration as a Successful Transfer, whereupon you can no longer claim that Sedo has not fulfilled its obligations under this Agreement should you not have technical control over the Domain. Once you have assumed control of the domain you are obligated to immediately update the domain’s WHOIS record with its respective registrar. You agree to indemnify Sedo and/or the Seller for any damages or costs incurred due to your failure to update the domain’s WHOIS record. 4.4 Transfer Failure and Repayment You acknowledge that a Failed Transfer, for any reason, does not automatically release you from the purchase and sale agreement. If designated by Sedo as a Failed Transfer for reasons unrelated to you and you have remitted payment pursuant to Section 4.2, the party you paid shall be responsible for returning the full payment of the Domain’s Purchase Price. If the Failed Transfer is ultimately unsuccessful solely due to the fact that you have not undertaken to follow the instructions provided by Sedo, there will be no responsibility on any party to return to you the full payment of the Domain’s Purchase Price, or where applicable, any fees paid to Sedo. In the case of a Failed Transfer, you cannot claim any breach of duty on the part of Sedo based solely on the fact that the domain has not been transferred to you but rather returned to the Seller. 5 Rights and Duties of Domain Seller The provisions of this Section 5 shall apply to you for any Transaction in which you are the Seller. 5.1 Reaching an Agreement If you have sold the Domain during the course of a Domain Marketplace bidding process, you are bound by the standard online purchase and sale agreement supplied by Sedo and tailored to the Domain that was the subject of the negotiation. If you have sold the Domain in conjunction with Sedo’s Brokerage Service, you are bound by the purchase and sale agreement negotiated between you and the Buyer. In all other cases, you hereby opt to use the standard online purchase and sale agreement supplied by Sedo and available for review here unless you provide a copy of a different purchase and sale agreement to Sedo when initiating the Domain Transfer Service. 5.2 Payment You agree to provide an invoice and tax information (such as a form W-9) if requested by the Buyer. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the Buyer as a material breach of the purchase and sale agreement. You hereby agree that Buyer may delay remitting payment until you provide the requested documents. In cases where Sedo does not opt to receive the Purchase Price pursuant to Section 3.3, you authorize Sedo to relay payment instructions to the Buyer in accordance with the payment instructions contained in your User Account and you agree to confirm receipt of that payment to Sedo. In the event that Sedo requests your confirmation of receipt of payment and does not receive a response either confirming or denying receipt of payment within five (5) days, Sedo shall be authorized to deem the payment received and may finalize any transfer of the Domain to the Buyer. In cases where Sedo does opt to receive the Purchase Price pursuant to Section 3.3, Sedo shall disburse the Purchase Price after there has been a Successful Transfer as per Section 3.1. You agree that Sedo, at its sole discretion, shall determine whether to remit payment in the Contract Currency or your User Currency (as per Section 6 below) and that you are not entitled to demand to receive payment in the other currency, another currency, or using a different exchange rate. Sedo reserves the right to deduct any outstanding obligations you owe to Sedo from that payment. You acknowledge that not receiving a payment of the exact amount of the Purchase Price is not grounds for a breach of the purchase and sale agreement by the Buyer. 5.3 Transferring the Domain You agree to cooperate with all of Sedo’s instructions regarding the technical transfer of the Domain registration. In addition to being a material breach of this Agreement, failure to cooperate may be considered by the Buyer as a material breach of the purchase and sale agreement. You agree to assist the Buyer update the Domain WHOIS record and assist with any inquiries from related domain registrars regarding the legal status of the transfer and sale of the Domain. You agree to promptly relinquish control of the Domain upon receipt of instructions from Sedo. In cases where Sedo obtains temporary control of the Domain, the Domain will be safeguarded on Buyer’s and your behalf. In the event of a Failed Transfer, Sedo shall refund the Purchase Price to the Buyer unless the successful transfer of the Domain failed solely due to the Buyer’s failure to follow the instructions provided by Sedo or Buyer’s registrar after payment of the Purchase Price. 5.4 Transfer Failure You acknowledge that a Failed Transfer, for any reason, does not automatically release you from the purchase and sale agreement. If designated by Sedo as a Failed Transfer for reasons unrelated to you and you have relinquished control of the Domain, the party to whom you relinquished control pursuant to Section 5.3 shall be responsible for returning control of the Domain. If the Failed Transfer is ultimately unsuccessful solely due to the fact that you have not undertaken to follow the instructions provided by Sedo, there will be no responsibility on any party to return the Domain to your control, or where applicable, any fees paid to Sedo. In the case of a Failed Transfer, you cannot claim any breach of duty on the part of Sedo based solely on the fact that the Purchase Price has not been remitted to you but rather returned to the Buyer. 5.5 Fraud In the event Sedo is made aware of documented fraud relating to a Buyer or Seller utilizing the Domain Transfer Service after transfer of the respective Domain has been completed, you agree that, if Sedo is able to reclaim the Domain on your behalf, you are obligated to accept a return of the Domain and shall remit back to Sedo the Domain’s Purchase Price. In the event that you do not cooperate with Sedo’s instructions, Sedo shall be authorized, at its sole discretion, to either hold the Domain on your behalf and deduct any portion of the Purchase Price you have not returned to Sedo from any other amounts owed to you by Sedo, or to resell the Domain to another Buyer to recoup Sedo’s losses. Notwithstanding the foregoing, Sedo reserves the right to recover from Buyer or Seller any and all damages resulting from breaches of this Domain Transfer Agreement and/or Sedo User Agreement. 5.6 Authority You expressly affirm that you have the authority to freely dispose of the Domain. Furthermore, you affirm that by its sale, the Domain does not infringe on company, name and brand rights or other priority rights of third parties and does not violate applicable law. You hereby agree to indemnify Sedo from any and all third party claims against Sedo which are based on the Domain’s violation of third-party rights or your breach of this Agreement. 6 Fees and Related Costs The Domain Transfer Service is provided for free to Buyers and Sellers conducting a purchase and sale on Sedo's Domain Marketplace or in conjunction with Sedo’s Domain Brokerage Service. For Users who wish to order the Domain Transfer Service for other transactions, the amount of the fee for the Domain Transfer Service is specified on the Sedo Price List, which is located on the Site and subject to change from time to time. When a Domain is transferred from the Seller to the Buyer, Buyer or Seller, based upon their respective registry and registrar providers, can incur further costs. The responsibilities for these payment obligations are defined by the relationship of the Buyer or Seller to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within sixty (60) days from the date the Domain Transfer Service is initiated. Buyer and Seller agree to reimburse Sedo for any fees that may be charged by the registrar to Sedo while effecting a Quick Transfer or temporarily holding the Domain pursuant to Section 3.2. The Purchase Price for the Domain shall be the price in the currency as identified in the purchase and sale agreement between the Buyer and Seller (the “Contract Currency”). The Purchase Price in the Contract Currency shall form the basis for formulating any fees owed Sedo. If the Contract Currency is not identical with the currency originally selected by the User or with the default currency preference as indicated by or assigned to the User in his/her User Account (the “User Currency”), then Sedo may convert the Purchase Price into the User Currency. The exchange rate used by Sedo for this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time the Domain Transfer Service was initiated, rounded to five (5) places behind the decimal point. The result of any conversion in accordance with this section, including the calculation of any fees owed to Sedo, shall be commercially rounded, dependent upon the currency assigned to the User, to full US dollars (USD) or full Euros (EUR) or full British pounds (GBP). The User shall not be entitled to demand to avail himself/herself of a different exchange rate. In the case of a Failed Transfer, Buyer and Seller agree that Sedo reserves the right to collect any applicable fee it would otherwise be owed for a successfully completed sale from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance may be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. 7 Limitations of Liability & Disclaimer of Warranties To the extent permitted by the law and without regard to intentional or gross negligence on the behalf of Sedo, in addition to those disclaimers and limitations on warranties found in the Sedo User Agreement, Buyer and Seller understand, acknowledge and agree that: (i) SEDO IS NOT THE SELLER, AND AS SUCH, MAINTAINS NO DUTY TO VERIFY THAT THE DOMAIN NAME AND/OR WEBSITE CONTENT BEING SOLD AND TRANSFERRED DO NOT VIOLATE THE PRIORITY RIGHTS OF ANY THIRD PARTIES AND THUS MAKES NO WARRANTIES AS TO THE EXISTENCE OF CONFLICTING PRIORITY RIGHTS OF ANY THIRD PARTIES; (ii) THE BUYER AND SELLER AGREE THAT THE DOMAIN TRANSFER SERVICE DOES NOT INCLUDE AN EXAMINATION OR VERIFICATION OF THE EXISTENCE OF ANY CONFLICTING PRIORITY FIRM NAME, NAMING OR TRADEMARK RIGHTS, OR OTHER RIGHTS OF THIRD PARTIES; AND (iii) FAILURE TO PERFORM IN ADVANCE AN EXAMINATION OF THE DOMAIN NAME AND/OR WEBSITE CONTENT FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF APPLICABLE LAW, IS THE SOLE RESPONSIBILITY OF THE BUYER AND SELLER. (IV) SEDO SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM THE FAILURE TO SUCCESSFULLY CONCLUDE THE TRANSFER PROCESS, UNLESS SUCH DAMAGE IS CAUSED BY INTENTIONAL OR GROSSLY NEGLIGENT CONDUCT ON THE PART OF SEDO, ITS LEGAL REPRESENTATIVES OR DESIGNATED AGENTS. THIS SHALL INCLUDE, WITHOUT LIMITATIONS, IN CASES WHERE ONE OF THE CONTRACTING PARTIES REFUSES TO COMPLETE THE TRANSACTION DOCUMENTS PROPERLY, WHERE ONE OF THE CONTRACTING PARTIES CANNOT BE IDENTIFIED ON THE BASIS OF FALSE OR MISLEADING USER ACCOUNT INFORMATION, OR IF A CONTRACTING PARTY OR THEIR REPRESENTATIVE HINDER THE EXECUTION OF THE TRANSACTION BY ANY OTHER MEANS. (V) WITH RESPECT TO EU RESIDENTS PARTY TO AN APPLICABLE DOMAIN TRANSFER: IN THE EVENT SEDO NEGLIGENTLY BREACHES A MATERIAL CONTRACTUAL OBLIGATION LIABILITY SHALL BE LIMITED TO REASONABLY FORESEEABLE DAMAGES PROVIDED THAT SEDO'S LIABILITY IN THIS CASE SHALL BE LIMITED TO A MAXIMUM AMOUNT OF 5,000.00 € PER CLAIM, OTHERWISE LIABILITY IS EXCLUDED. (VI) WITH RESPECT TO EU RESIDENTS PARTY TO AN APPLICABLE DOMAIN TRANSFER: SEDO'S LIABILITY FOR CLAIMS ARISING FROM THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ) AND PRIVACY LAWS SHALL REMAIN UNAFFECTED BY THE AFOREMENTIONED LIABILITY PROVISIONS INSOFAR AS SEDO HAS EXPRESSLY ASSUMED A GUARANTEE OR INSOFAR AS THE LIABILITY RELATES TO DAMAGES RESULTING FROM INJURY TO LIFE, LIMB OR HEALTH. Sedo Domain Marketplace Agreement Effective Date: 01 April 2015 1. Introduction This Sedo Domain Marketplace Agreement (this “Agreement”) is entered into by and between Sedo GmbH (“Sedo”) and you, and is made effective upon the date of your electronic acceptance. This Agreement sets forth the terms and conditions of your use of Sedo’s Domain Marketplace Service (“Marketplace Service” or the “Services”). Your acceptance of this Agreement indicates that you have read, understand and agree to the terms of this Agreement, along with Sedo’s User Agreement, which is hereby incorporated by reference. Any capitalized terms not defined within this Domain Marketplace Agreement shall have the meaning as described in the Sedo User Agreement. Sedo may, in its sole discretion, change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless Sedo receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the Sedo website (“Site”). You acknowledge and agree that (i) Sedo may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date date at the top of this page, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site. 2. Description of Domain Marketplace Service Sedo and the Site serve as a trading and auction platform to allow Users to offer to sell and buy the registration right to, or exclusive right to register, Internet domain names, with or without associated website content as indicated (collectively, "Domains"). The purchase and sale agreement for any Domain is by and between the Buyer and Seller parties only. Sedo's involvement post-agreement is limited to collecting a fee for Services provided, or as otherwise agreed by all parties. BEFORE ENTERING INTO A BINDING AGREEMENT TO PURCHASE A DOMAIN AND/OR ACCESSING SEDO'S SITE AND SERVICES, YOU MUST PERFORM, AND ARE RESPONSIBLE FOR, ALL RESEARCH NECESSARY TO ENSURE THAT YOU ARE AWARE OF ANY FACTORS AFFECTING YOUR REGISTRATION AND USE OF THE DOMAIN OR USE OF THE DOMAIN WITH SEDO'S SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE APPLICABLE ANNUAL REGISTRATION FEES, CHARGED BY AN ACCREDITED REGISTRAR, REQUIRED TO MAINTAIN YOUR REGISTRATION AND USE OF THE DOMAIN, THAT YOUR PROSPECTIVE USE OF THE DOMAIN WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, AND THAT YOU HAVE ALL THE INFORMATION NECESSARY TO MAKE AN INFORMED PURCHASING DECISION. 3. Fees and Related Costs Except as otherwise noted, Sedo does not charge Buyers a fee for purchasing a Domain with Sedo’s Marketplace Services. Sedo charges Sellers a fee for sales originating and/or completed as a result of Sedo's Services. Sedo's standard fees and any changes will be posted to our Price List and will be binding on the effective date noted on the Price List. Once Buyer and Seller have entered into an agreement for the purchase and sale of a Domain, should the payment and transfer of the respective Domain fail for reasons unrelated to a breach by Sedo of the Doman Transfer Agreement, Sedo reserves the right to collect any applicable commission fee for the sale from that party who has violated his/her obligation to cooperate in the completion of the transaction, including Buyers who would not otherwise face such fee. Furthermore, claims for damage compensation or contractual performance may be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. Sedo reserves the right to charge Users a Marketplace Handling Fee, equal to two times (2x) the minimum commission fee for the respective Domain listing, for those instances where User has acted with the apparent intent to disrupt Sedo’s Domain Marketplace listings and/or Auctions, otherwise cause nuisance or damage, and/or to prevent the completion of purchase and sale of a Domain. 4. Domain Marketplace Terms of Use As provided in this Agreement and in applicable posted policies, Sedo offers its registered Users a domain trading platform ("Domain Marketplace") whereby Domain owners (“Sellers”) may list, market, auction, and sell Domains to buyers, and whereby domain buyers (“Buyers”) on the Site and promotional partner network may search, bid, and purchase domains from their owners. Users wishing to list their Domain for sale start by choosing the listing type as described below in Section 4.2. Users seeking to buy Domains may enter search terms on the Site to query the Domain Marketplace for relevant Domain listings and then either submit a bid with an offer to buy or accept the Seller's stated price. These bids and the responses of the Sellers and Buyers will be forwarded to the other party free of charge via the email addresses provided as part of User registration. Sedo cannot guarantee that any particular bid or response will be transmitted to, and/or received by, the intended recipient. Sedo acts here neither as a Buyer nor Seller, neither as a lessee nor lessor, nor as the representative of any of the above-mentioned parties and assumes no responsibility for the contents of a Seller’s Domain listing or a Buyer’s offer for a Domain. Not all domain extensions are alike, and certain top-level domains (“TLDs”) carry abnormal registration policies, restrictions, prices and other associated fees. Buyer and Seller are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees of the associated registrar for the contemplated Domain prior to entering an agreement to purchase or sell a Domain. Buyer and Seller agree that Sedo shall not be held responsible or liable in any way for any registration policies, prices or fees associated with a Domain and that either party’s lack of awareness of such shall not be grounds to invalidate a purchase and sale agreement. In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Domain via the Domain Marketplace, the Buyer and Seller agree that the terms of the purchase and sale will follow the standard online purchase and sale agreement supplied by Sedo and available for review here. In addition, Buyer and Seller agree to use Sedo’s Domain Transfer Service, which is provided free of charge for all sales completed on the Domain Marketplace, to manage the steps necessary to close the transaction in accordance with the terms of the respective purchase and sale agreement. 4.1. Domain Marketplace Rules and Requirements At all times Buyers and Sellers remain bound by the terms and conditions of this Domain Marketplace Agreement and those policies related to listing, negotiating, buying and selling Domains on the Sedo Domain Marketplace where posted on the Site or found in the Policies section of the Site. Each Sedo User is limited in the number of Domain negotiations ("Open Bid Threads") in which they may participate simultaneously, depending on their User Account certification status. Sedo makes no representations or warranties regarding the features of Domains listed on the Domain Marketplace. This shall apply particularly, but not exclusively, to visitor statistics, traffic statistics, and the precise alphanumerical composition of a Domain. 4.1.1. Legal Relationship as between Sedo, Buyer and Seller Sedo is neither owner of the Domains listed in the Domain Marketplace, nor does it have any influence or control on the business conducted among Users of the Domain Marketplace. The responsibility for the content of Domain listings, including the accuracy of any statistics, whether measured and displayed by Sedo or otherwise, lies exclusively with the respective Sellers. Sedo shall not be liable for legal transactions or other acts of Domain Marketplace Users. This also applies to any violations of rights of a third party through the use of Sedo's Services, including, but not limited to, the listing of a Domain in the Domain Marketplace that infringes intellectual property rights, rights of the use of a name, and trademark rights. Buyer and Seller agree that Sedo shall not be held responsible for the failure of either party to a purchase and sale agreement to complete their obligations under such an agreement, and that Sedo, as the neutral facilitator of the Domain Marketplace and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains. 4.1.2. Binding Offers If, during the course of an Open Bid Thread a User makes an offer, which if accepted would result in a binding purchase and sale agreement, or at any time a prospective Buyer makes an offer for a Buy Now listing below the Seller’s stated price, then he/she is bound to this offer for 168 hours, which corresponds to seven days from the time when the offer was rendered, unless, when available as an option, a prospective Buyer has chosen a different duration of time at the time of submitting their offer, of which the Seller will be notified. (“Offer Period”). Likewise, if, during the course of an Auction, a User makes an offer, which if accepted would result in a binding purchase and sale agreement, above the original bid or Reserve Price then he/she is bound to this offer for the length of the Auction Period. Due to the binding nature of offers to purchase or sell Domains, Users should review the Domain listing carefully and perform all necessary research on suitability for intended uses to avoid any misunderstanding before submitting a binding offer. Once an offer is submitted a User is responsible for all resulting obligations to purchase or sell a Domain once a binding offer has been accepted. The Buyer's offer shall lapse if the other User rejects the offer, accepts another User's offer, submits a counter-offer, or the binding time period is allowed to lapse. A belated acceptance of the offer or a counter-offer shall be considered to be a new offer. 4.1.3. Taxes, Currency, & Purchase Price Conversion All prices quoted between Users during the negotiation or auction process or used by Seller in Buy Now listings or Minimum Offer preferences are understood to be end prices including any applicable taxes. During the bidding process, Users have the opportunity to select the currency for offers or counter-offers for Domains. As soon as both parties have used the same currency for the offer and the counter-offer within an Open Bid Thread, this currency shall become the controlling currency until the conclusion of the negotiating process. The purchase price for the Domain shall be a price in the currency upon which agreement has been reached through the timely acceptance of an offer. This purchase price in the agreed-upon currency shall form the basis for the execution of the purchase and sale agreement between the Buyer and the Seller as well as formulating any fees owed Sedo. If the agreed-upon currency is not identical with the currency originally selected by the User or with the default currency preference as indicated by or assigned to the User in his/her User Account, then a conversion of the purchase price into the default currency shall automatically occur at the moment the parties reach agreement. The exchange rate used by Sedo for this conversion shall be determined in accordance with the exchange rate of the European Central Bank which was valid at the point in time agreement was reached, rounded to five (5) places behind the decimal point. The result of any conversion in accordance with this section, including the calculation of any fees owed to Sedo, shall be commercially rounded, dependent upon the currency assigned to the User, to full US dollars (USD) or full Euros (EUR) or full British pounds (GBP). The result of commercial rounding shall be the purchase price of the User in the currency selected by the User or assigned to the User. 4.1.4. Sedo's Right to Cancel Open Bid Thread or Auction Sedo reserves the right at Sedo's sole discretion to cancel an Open Bid Thread or Auction at any time, before or after the start of the Offer Period or Auction Period, including, but not limited to, violations of the terms of this Agreement, if the offered Domain risks infringing the intellectual property rights or other rights of a third party. If the Open Bid Thread or Auction Period is cancelled, any binding or contractual relationship between the Seller and the highest bidder and/or the person who made the last offer shall be nullified. 4.1.5. Rejected and/or Blocked Domain Listings Sedo reserves the right, at any time and at its sole discretion, to reject the listing of any Domain on our Domain Marketplace or to remove and blacklist Domain listings which have already been entered, without prior warning, without giving any reasons and at any time, especially in the case of User's violation of this Agreement, or suspected violation of third party rights concerning a Domain, or suspected violation of applicable laws. 4.1.6. Sedo's Right to Eliminate Offers 4.1.6.1. Deleting Bids Made in Error Sedo reserves the right to delete individual bids during an Open Bid Thread or Auction Period if it believes that such bids were placed clearly erroneously, by mistake, or were determined not to be a bona fide firm offer. Mistake on the part of the User must be reasonably obvious. The User must communicate the mistake to Sedo, in writing and within a reasonable amount of time. Users may not claim mistake with the purpose of interfering with or circumventing the completion of a transaction. Sedo may suspend the User's account at any time if the User is found to have falsely claimed mistake during an Open Bid Thread or Auction Period. In the case of bids cancelled during an Auction Period, should Sedo invalidate a current high bid, the next highest bid shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the Auction Period. 4.1.6.2. Deleting Bids Made Fraudulently/Offer Verification Sedo reserves the right to delete individual bids during an Open Bid Thread or Auction Period if it believes that such bids were fraudulent, fake, "shill" bids or were determined not to be a bona fide firm offer. Sedo reserves the right to contact you to verify your identity, the validity of the bid, as well as request documents to support the validity of your bids. If Sedo is not able to verify the information in a reasonable amount of time, please be advised that Sedo has the right to delete the bid without objection. Sedo may suspend the User's account at any time if the User is found to have placed a fraudulent bid during an Open Bid Thread or Auction Period. In the case of bids cancelled during an Auction Period, should Sedo invalidate a current high bid, the next highest bid shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the Auction Period. 4.1.7. Availability Sedo in no way guarantees, represents, or warrants that the Site and/or specific web page on which bids can be placed ("Bidding Page") during an Open Bid Thread or Auction Period will always be accessible. If a Bidding Page is not accessible, the Seller may not, in the future, refer to a potentially higher bid during this time period as justification for not following through with a sale. Furthermore, a potential bidder may not argue, for the same purposes, that he would have been the highest bidder for a Domain if the Site and/or Bidding Page had been available. With regards to all Sedo Auctions, including Managed Auction Events, such as broker-assisted auctions, promotional auctions, or auctions held at affiliate websites like GreatDomains.com, in the case of technical issues which may occur within Sedo's servers, networks, or other mechanisms, Sedo may, to the extent they are within Sedo's control, take actions reasonably necessary to remedy such issues as they occur. Such actions include, but are not limited to, extending the Auction Period, rescheduling or cancelling such Auctions. 4.1.8. Publication Rights Sedo collects Domain and sale price information for the purposes of utilizing the data to improve its services and promote the value of Internet domain names to the public. While no personally identifiable information is included, the Buyer and Seller agree that Sedo shall retain the right to publish the name of a Domain sold as well as the respective purchase price on the Site or in other places for reference purposes. Notwithstanding the foregoing, Sedo may choose to charge a fee to waive its publication rights, as described in this section, in an amount posted on the Sedo Price List. 4.1.9. Contacting Prospective Buyers and/or Sellers Notwithstanding the terms of Sedo’s Privacy Policy, Sedo reserves the right to contact prospective Buyers and Sellers to help both Users reach a mutually agreeable conclusion to their negotiation. Likewise, in the event a User lists, views or makes an offer for a Domain where another User has hired Sedo’s Domain Brokerage Service to represent them in negotiations to either sell or acquire the respective Domain, the unrepresented User agrees that Sedo may utilize their Account information to contact them on the represented User’s behalf. 4.2. Domain Listing Options Sellers have several listing options when offering Domains for sale on the Domain Marketplace: Buy Now, Make Offer, or Auction. Sellers may delete their Domain listings from the Domain Marketplace at any time without cost unless their Domain is subject to an Open Bid Thread or Auction, has been sold and is pending payment and/or transfer, and/or is subject to a brokerage agreement. 4.2.1. Buy Now and Make Offer Listings Sellers may submit a 'Buy Now' Domain listing by submitting or updating their Domain listing in their Account to include a fixed price that serves as an open-ended offer to Buyers on the Domain Marketplace to sell the Domain at the indicated price without negotiation. This offer to sell the Domain at the indicated price shall remain binding until Seller updates the respective Domain listing in their Sedo Account with a different fixed price offer, or an alternative listing type, and this update has been reflected on the Domain Marketplace. Seller’s Domain prices indicated in Buy Now listings are considered to be the end price for the Buyer, including any applicable taxes. When available, Buyers on the Domain Marketplace may still submit an offer to the Seller below the binding Buy Now price indicated by Seller, which Seller can either ignore, accept or respond to by adjusting their Buy Now price expectations. If a Seller does not state a fixed sales price when listing a Domain in their Account for sale, the Domain listing will default to a 'Make Offer' listing and will serve as an invitation for other Users to submit an offer and negotiate for the purchase and sale of the Domain that is the subject of the Domain listing. Sellers may submit a 'Minimum Offer' preference for their Domain listing by submitting or updating the Domain listing in their Account to include a minimum price at which Seller is willing to consider offers. A Minimum Offer indication on your Domain listing serves as an invitation for other Users to submit an offer in excess of the stated amount to negotiate for the purchase and sale of the Domain that is the subject of the Domain listing. Please note, Buy Now and Make Offer Domain listings are automatically promoted on the Sedo Site and the websites of Sedo's promotional partners based on the listing preferences of Sedo's partners, which are subject to change from time to time without prior notice. 4.2.2. Auction Listings Sedo provides Sellers two distinct options for selling their Domain in a public auction that occurs on the Sedo Site or is otherwise moderated by Sedo ("Auction"). First, Sellers may submit their Domain for consideration to be chosen for a Sedo managed auction event that Sedo may stage from time to time at its own discretion. Sellers are instructed to apply for the Auction event via the Domain Management tool in their Sedo User Account, review and accept the related Managed Auction Event Agreement. Sedo will review all Domain submissions for suitability with the managed auction event. If your Domain is accepted, you will be notified and the Managed Auction Event Agreement as well as any Auction procedure terms of this Agreement shall apply. As described below, the second set of Auction listing options for Sellers are made available upon either a prospective Buyer entering an offer for Seller's Domain via the Domain Marketplace or upon Seller paying a Direct Auction Fee, as described on the Sedo Price list. Sedo Auction bidding periods during which additional offers may be submitted to purchase the Domain from different potential buyers traditionally end seven (7) days following the entry of the initial bid that permitted the seller to start the Auction or payment of the Direct Auction Fee (“Auction Period”). Upon approaching the close of the Auction Period, the Auction Period will extend for ten minutes each time a valid offer is placed within the last five minutes of the Auction Period. Upon the conclusion of the Auction Period, Seller agrees to sell the Domain to the winning bidder or to the initial bidder if no offer is made in excess of the initial bid. Seller agrees to accept the highest offer made during the Auction Period so long as Sedo did not cancel the Auction Period in accordance with these terms and conditions. Once the Seller enters a Domain as an Auction, he is prohibited from offering or selling this Domain anywhere else other than within that Auction. 4.2.2.1. Push-to-Auction Once Seller receives an offer for their Domain, they may choose the option to “push” the Domain into a public Auction, rather than proceed in a traditional offer/counter-offer negotiation with the initial bidder. Once Seller chooses the option to push the Domain to an Auction, the Auction Period, as defined below, has commenced and Seller accepts the offer from the initial Buyer as their binding reserve price for which Seller is willing to sell the Domain ("Reserve Price"). During this period, other prospective Buyers may use the Auction platform to make offers to buy the same Domain for an amount of money higher than the initial bid used to initiate the Auction. Should no other Buyers submit an offer to buy the Domain at a price higher than the initial bid, the initial bidder's offer is automatically accepted and the Auction Period closes with the initial bidder as the winning Buyer. If no offer is made during the Auction Period and Sedo did not cancel the Auction, a legally binding contract exists between the Seller and the initial prospective Buyer who placed the original offer used to push the Domain to Auction. Please note, while generally an Auction Period will run for seven days, however, because a Seller may choose to select the Auction option at any time after an initial bid has been made, it does not mean that the Auction Period must run for seven days from the time Seller selects the Auction option, but from the entry of the initial bid by a potential Buyer. Therefore, if the Seller selects the Auction option two days after a potential Buyer enters an offer, the Auction Period will only run for five days. 4.2.2.2. Direct Auctions Upon paying a Direct Auction Fee, Seller may commence an Auction Period prior to an offer being submitted for their Domain and the following additional conditions shall apply. Sellers may set a price of their own choosing as their binding Reserve Price. During the Auction Period, the current highest bid will be indicated on the Bidding Page. In addition, it will be indicated on the Bidding Page if the current highest bid is lower than the Reserve Price, though under no circumstances will the Reserve Price ever be revealed. If the Reserve Price is not reached within the Auction Period, the Domain will not be sold to any of the potential Buyers. The Seller reserves the right to lower his Reserve Price during the Auction Period but may not raise the Reserve Price under any conditions. 4.2.2.3. Offers to Purchase Domains in Auction During the Auction Period, the highest offer made on a particular Domain will be indicated on the Bidding Page via the Site. Prospective Buyers can then enter the Auction by placing higher offers. All offers are firm offers to buy the Domain for the offered price in accordance with the conditions of the purchase and sale agreement for the Domain. If valid higher offers are placed during the Auction Period, and Sedo did not cancel the Auction, a legally binding contract exists between the Seller and the prospective Buyer who placed the highest bid as reflected at the end of the Auction Period. The resulting purchase and sale contract exists whether or not the Sedo Bidding Page is available at the end of the Auction Period. In the case of bids cancelled during an Auction Period, should Sedo invalidate a current high bid, the next highest bid shall take the place of the active high bid with all due obligations should such bid remain the high bid at the close of the Auction Period. 4.2.3. Buyer and Seller Terms Applicable to all Listing Types The following Buyer and Seller duties and obligations apply to your use of Sedo's Domain Marketplace and Auction platform: (a) Buyer and Seller agree to create and maintain a User Account and to fill out the registration form completely and accurately. The Domain Seller must be the verified owner of the registration, or exclusive right to register, the Domain name listed for sale. Unless the domain owner has a privacy shield for WHOIS database purposes, information provided within the Sedo User's account must correspond to the information contained in the WHOIS database provided that Users may be asked, at Sedo’s discretion, to provide sufficient proof of their right to list a respective Domain for sale on the Domain Marketplace. (b) Should the registration of a Domain that is the subject of a purchase and sale transaction be in risk of expiring with its relevant registrar, or if the expiration date lies within the next sixty (60) days from the date when an agreement is made for the purchase and sale of the Domain, Seller agrees to renew the Domain’s annual registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar and/or service provider. (c) Domains are the result of, and are subject to, all of the conditions, limitations, and restrictions contained in Domain registration agreements between the Seller and their third-party Domain registrar or reseller. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain registrar or service provider. Nothing in this Agreement or on the Site shall be construed to imply that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant Domain registrar or reseller. When referencing a Domain as the object of a purchase and sale transaction within these terms, Domain shall refer to any rights the Seller may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar at the time of agreement. Any content or material associated with a developed website that is the object of a purchase and sale agreement must be materially described in the Seller’s listing or negotiation history to be subject to the relevant purchase and sale agreement. (d) As a Seller of a Domain listed on the Domain Marketplace and/or Auction, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the Domain with an appropriate Domain registrar or other registration authority; (ii) your registration rights to the Domain are current and not subject to deletion, cancellation, rescission, or deactivation by any applicable Domain registrar or other registration authority; (iii) you have not taken any action that would impair your ability or right to transfer the Domain registration right and no such action has been taken against you; (iv) the Domain has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging your right to register or use the Domain; (vi) you will accurately describe the subject listing; (vii) you own and have the right to sell the content, if applicable, that you have included in your listing as part of your Domain; and (viii) if your offer to sell and transfer the Domain is accepted, you will complete the transaction with a ready, willing, and able Buyer. You will not, under any circumstances, list or transfer the rights to any Domain that you do not have sufficient rights to transfer, or that is illegal to transfer under applicable law. (e) The Seller agrees not to list any Domains that violate any of Sedo's posted acceptable use policies and accepts that Sedo may refuse to list, or remove the listing for, any Domain that, in Sedo's sole discretion is deemed inappropriate for the Services. This may include, but is not limited to, Domains which may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which, in Sedo's sole discretion, is inflammatory, offensive, or inappropriate and inconsistent with Sedo's general policies or acceptable use terms. (f) The Seller of a Domain agrees not to enter a bid for his/her own offer and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or which are measured and displayed by Sedo. (g) You will not yourself, nor will you allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Services. (h) You understand and agree that Sedo's comment system cannot be used to communicate with the Buyer and/or Seller with the purpose of circumventing Sedo's user agreement and/or to alter/augment sales of domains, avoid commission, or alter the terms of the purchase and sale, besides the inclusion of website content, which shall not be included in Sedo’s Domain Transfer Service and must be transferred between Seller and Buyer directly. Misuse of the comment system to communicate contact information such as phone numbers, email addresses, or any other means of communicating outside of the Domain Marketplace comment system is strictly forbidden and a material breach of this Agreement. (i) The Seller agrees to keep any data they have added to the Domain Marketplace up-to-date. If a Domain has been sold or if Seller no longer retains registration rights to the Domain, he/she is to immediately remove the respective Domain from their User Account. Furthermore, the Seller agrees to remove a Domain from the Domain Marketplace and/or Auction immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made. Sedo User Agreement Effective Date: 01 April 2015 FOLLOWING ARE THE TERMS ON WHICH SEDO OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES. 1. Introduction This is the User Agreement (the "Agreement" or "User Agreement") for your use of web sites owned or operated by, and services offered by, Sedo.com, LLC ("Sedo"), a Cambridge, Massachusetts limited liability company. If you reside outside the United States or Canada, the party you are contracting with is Sedo GmbH and you are subject to the Sedo GmbH User Agreement. This Agreement contains the terms and conditions ("T&C") applicable to your use of our online and employee-assisted services ("Service" or "Services") as described and available under or through the domain, sub-domains, and affiliated domains of www.sedo.com (collectively, the "Site") and is in conjunction with any specific terms and conditions that apply to the particular Services. WHETHER YOU ARE BROWSING OR USING THE SITE OR PURCHASING SERVICES, IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES. You must read, agree with and accept all of the terms and conditions contained in this User Agreement, along with the following policies and the applicable service agreements, which are hereby incorporated by reference: Agreements Domain Marketplace Agreement Domain Transfer Service Agreement Domain Parking Terms and Condition Managed Auction Agreement Domain Appraisal Terms and Conditions Featured Listing & Category Showcase Terms and Conditions Domain Brokerage Service Terms and Condition Policies Privacy Policy Rights Protection Program Rules for Sellers Rules for Buyers Rules for Parkers Offensive Domain Policy This Agreement is effective upon the earlier of: (i) your first use of the Site or Services for any reason; (ii) acceptance of this Agreement by new registering users; or (iii) the Effective Date noted on the posted version of the Agreement. Sedo may elect to discontinue offering the Site or the Services, or any portion thereof, at any time for any reason, with or without advance notice. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. Eligible Users Use of the Site and Services is restricted to persons who: (a) are at least 18 years old, and (b) reside, or have a business address within the United States or Canada. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. If you are not yet 18, do not have the capacity to enter into contracts, are easily offended, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site or the Services. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this Site, the parent or guardian should email Sedo at contact@sedo.com to make arrangements, although no such access can be guaranteed. Users outside the United States and Canada are required to use Sedo's affiliated web site located at www.sedo.co.uk. Accessing Sedo's Services, products, or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User, in regard to use of this Site from places where their contents are illegal, is prohibited. Those who choose to access our Site from other locations does so knowingly on their own initiative and voluntarily at their own risk and is responsible for compliance with local laws. 3. Modification of This Agreement Sedo may, in its sole discretion, change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless Sedo receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the Site. You acknowledge and agree that (i) Sedo may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date date at the top of this page, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site. In the event that you refuse to accept such changes, Sedo will have the right to terminate the Agreement. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 3, this Agreement may not be amended or modified except in writing signed by you and Sedo. Sedo may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your User account (“Account”) information current. Sedo assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. 4. Acceptable Use 4.1. User Accounts At all times your use of the Site and Services must be in compliance with this Agreement and the acceptable use policies posted on the Sedo website under Policies. If you violate the Acceptable Use terms described herein, Sedo may, in its sole discretion, with or without notice, terminate your access to the Site and Services. You are allowed to create one (1) user account with Sedo. Your right to use the Site and Services is personal to you. Post office boxes or addresses of office service providers may not be used as an address for a User Account. It is likewise not permitted to provide value-added service numbers as telephone numbers for a User Account. Furthermore, Sedo reserves the right to forbid the use of freely available email addresses as the email address for a User Account. As a condition of your use of the Site and Services, you warrant to Sedo that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by Sedo); data mining or scraping through the use of robots, spiders, or otherwise; and/or any use with the potential to infringe the rights of any third party. In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 2, Eligible Users); (b) you have provided accurate and complete information in connection with your registration and use of the Site and Services (all such information collectively referred to as "Your Information"), and (c) you will update your Account to ensure that Your Information remains accurate and complete. 4.2. Use of the Site and Services You acknowledge and agree that you may not use the Site or the Services to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) conduct or forward illegal contests, pyramid schemes, or chain letters; (c) publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks," "hacks," or other programs written to defeat the security measures of any computer, system or program(s)); (d) sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold, would cause Sedo to violate any law, statute or regulation; (e) harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties; (f) restrict or inhibit any other user from the use and enjoyment in the Services or the Site, interfering with or disrupting the Services or the Site service or servers or network connected to the Site; (g) use a domain in connection with your use of the Site that is confusing or misleading to other Users or to the public; (h) email or otherwise transmit, distribute, publish or disseminate any junk email, spam, chain letters, pyramid schemes, or any other form of duplicative or inappropriate solicitations or messages (commercial or otherwise); (i) violate the rights of any third parties, including, but not limited to, trademark, copyright, naming or publicity rights, or (j) violate any applicable government laws or regulations. Sedo does not condone or allow spam. Sedo will cooperate with legal authorities and Internet service providers in releasing information about users who violate the terms of this Agreement or posted policies. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. At all times, you remain solely responsible for Your Information. 4.3. Privacy and Confidentiality Protecting your privacy and the personal information you provide us is a top priority at Sedo. For this reason, Sedo does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At Sedo, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures Sedo has put in place to achieve this goal. You agree not to share any information provided to you by or on behalf of Sedo with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Sedo via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site. Sedo is not obligated to monitor user-generated content on the Site. However, with respect to the use of the Services or the Site, Sedo reserves the right to disclose any information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Sedo's sole discretion, without notice at any time. 4.4. User Account Certification/Limited Use of Site and/or Services In order to preserve a safe and secure Site and Services for our users, Sedo may elect to require you to perform a user account certification process that may include, but is not limited to, confirming your billing information, verifying the accuracy of your account details, requesting a copy of government-issued identification, requiring a security deposit for high value transactions, and other account certification methods as Sedo may develop in its sole discretion at any time. Failure to perform the requested user account certification methods will result in limited access to the Site and Services. 4.5. Violations of Acceptable Use Upon suspicion of violation of the acceptable use terms of the Site or Services, Sedo may elect to suspend or terminate your Sedo user account and/or access and use of the Site or Services, or any portion thereof, at any time with or without advance notice. You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by Sedo, and for any use or misuse of your account or the Services or the Site resulting from any third party accessing your Sedo user account or otherwise using a password or login name issued to you. You agree that you will notify Sedo immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Site. 5. Sedo Fees Except as otherwise noted, creating a user account with Sedo is free. We do, however, charge fees for our online and offline services and you are given an opportunity to review and accept the fees that will be charged in connection with certain Services. You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. Sedo reserves the right to deduct any amounts owed by User to Sedo from amounts owed by Sedo to User. Sedo may, in its sole discretion, add, delete or change any of the Services provided, fees charged by Sedo or payment terms. Sedo's standard fees and any changes will be posted to our Price List, and the applicable Services and fees will be binding on the effective date noted on the Price List. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore. Unless otherwise stated, all fees and currency amounts are quoted in U.S. Dollars. 6. Liability Disclaimers and Indemnification Sedo is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site or Services via hyperlink, whether such hyperlink is provided by Sedo or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Sedo Site or Services. By providing access to other web sites, neither Sedo nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization. YOU AGREE THAT USE OF SEDO'S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. SEDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEDO MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DOMAINS LISTED BY SELLERS ON THE SEDO DATABASE HAVE IN FACT BEEN REGISTERED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DOMAINS, OR THAT THEY ARE AUTHORISED TO ASSIGN/LICENSE SUCH DOMAINS. SEDO MAKES NO WARRANTY THAT THE BUYER MAY USE THE DOMAIN OR THAT THE SELLER MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. SEDO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES SEDO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY SEDO IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM SEDO OR THROUGH THE SERVICES PROVIDED BY SEDO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN. You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Site, or Sedo's products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. IN NO EVENT SHALL SEDO, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). SEDO'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD SEDO AND (AS APPLICABLE) SEDO'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 7. Intellectual Property All content, database information, data and services available on, and collected as a whole through this Site, are property of Sedo, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. All rights not expressly granted herein are fully reserved by Sedo, its affiliates, advertisers, and licensors. Sedo's licensors' or other third-party materials, services or products referenced on this Site are common law or registered trademarks or service marks of such parties. Solely to enable Sedo to use your information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to Your Information. Sedo will only use Your Information in accordance with our Privacy Policy. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, notify Sedo's designated agent in writing and provide the following information: your name; your email address; your mailing address; your phone number; the URL, path or other specific location where the allegedly infringing material is located; description of the allegedly infringed work, including (if available) the URL, path or other specific location where the copyrighted work may be found for comparison; and your relationship to the owner of the allegedly infringed work. Pursuant to European or US law, notifications of claimed copyright infringement should be sent to Sedo's Designated Agent. See Section 10 (How to Contact Sedo). All contents of the Site are: Copyright 2015 Sedo GmbH and/or its suppliers. All rights reserved. "Sedo" is a registered trademark of Sedo GmbH. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Sedo reserves any rights not expressly granted herein. 8. Term and Termination Until and unless terminated by you or Sedo, your status as an eligible or registered User will continue indefinitely, including any Domains listed for sale on the Domain Marketplace associated with your User Account, and fees for Services will be charged as described herein (see Section 5, Fees). Sedo may terminate this Agreement and your access to the Site and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Sedo's systems. Sedo is under no obligation to maintain any such data or information. 9. General Sedo manages the Site from its offices in Cambridge, Massachusetts. This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in Middlesex or Suffolk County, Massachusetts, USA, in all disputes arising out of or relating to the Site, or Services, including any action commenced by you against Sedo or its affiliates. Use of the Site or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this Section Nine. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sedo as a result of this Agreement or use of the Site or Services. Sedo's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Sedo's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sedo with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Sedo with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sedo with respect to the Site or Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Sedo to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Sedo may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder. 10. How to Contact Sedo General Inquiries: Sedo.com, LLC 222 Third Street Cambridge, MA 02142 United States of America Customer Service and Support (availability depending upon service selected): Telephone: (+1) 617-499-7200 Facsimile: (+1) 617-499-7219 Email: contact@sedo.com Infringement Claims (Designated Agent): To request removal of a Domain either listed for sale or parked with Sedo, please review our Rights Protection Program (RPP) for information on filing a legal complaint. Mail: Sedo.com, LLC Attn: Legal Department 222 Third Street Cambridge, MA 02142 United States of America Facsimile: (+1) 617-499-7219 Email: legal@sedo.com TAL Life Insurance Privacy Statement Privacy The Privacy of TAL customers is important and TAL is bound by obligations imposed by current privacy laws including the Australian Privacy Principles. The way in which TAL collects, uses, secures and discloses your personal and sensitive information is set out in the TAL Privacy Policy available at http://www.tal.com.au/Privacy-Policy or free of charge on request to TAL by telephoning 1300 209 088. Collection and use of personal informaton TAL collects personal information, including, your name, age, gender, contact details, health information, salary, and employment information so that we may assess and administer our products and services to you. In certain circumstances, such as applications for life insurance products and claims, we may be required to collect personal information of a sensitive nature such as lifestyle and medical history information. If you do not supply the information that is required, we may not be able to provide our products and services to you or pay the claim. We may take steps to verify the information that we collect for example: a birth certificate provided as identification may be verified with records held by Births, Deaths and Marriages to protect against impersonation, or we may verify with an employer regarding remuneration information provided in a claim for income protection to ensure that it is accurate. Disclosure of personal information We disclose relevant personal information to external organisations that help us provide our services and may also disclose some of your personal information to other parties, when required to do so to provide our products and services to you, such as the following: Claims assessors and investigators, claims managers and reinsurers; Medical practitioners (to verify or clarify, if necessary, any health information you may provide); Any person acting on your behalf, including your financial advisor, solicitor, accountant, executor, administrator, trustee, guardian or attorney; Other insurers; For members of super funds where TAL is the insurer, to the trustee, or administrator of the super fund; and Other organisations we outsource certain functions to, during the underwriting and claims processes, such as obtaining blood tests for underwriting purposes, rehabilitation providers, surveillance providers and forensic accountants. There are situations where we may also disclose your personal information in circumstances where it is: Required by law (such as to the police or Australian Tax Office); and Authorised by law (e.g. under Court Orders or Statutory Notices). Elsevier cookie notice Last updated: 28 July 2021 Cookies and similar technologies This notice supplements our privacy policy and provides information about how we use cookies and similar technologies. Use of cookies and similar technologies Cookies are small text files placed on your computer or other device by websites that you visit. Cookies are widely used in order to make websites and other applications work, or work more efficiently, and help them remember certain information and recognize your internet browser. Cookies may last until you close your browser (“session” cookies) or over repeat visits (“persistent” cookies). We use cookies and similar technologies to: Assist you in efficiently and safely navigating and experiencing our services; Enable you to register, login, provide feedback and otherwise interact with our services; Store and honor your preferences and settings; Measure and analyze usage and performance data; and Assist us with promotional and marketing efforts (including interest-based advertising). If you access any of our services subject to a subscription agreement or other contract between us and your organization, cookies and similar technologies will be used as necessary for the performance of that contract and for our legitimate business operations related to providing the service. Types of cookies We use the following types of cookies: Strictly necessary cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. Performance cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. Functionality cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly. Targeting cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. If you do not allow these cookies, you will experience less targeted advertising. Social media cookies: These cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies, you may not be able to use or see these sharing tools. Anonymized analytical cookies: These cookies ensure that anonymous data about your surfing behavior is collected every time you visit the website. This way we can see how visitors use the website and improve on that basis. We use anonymized analytical cookies for: tracking the number of visitors to our web pages; tracking the amount of time each visitor spends on our web pages; keeping track of the order in which, a visitor visits the different pages of our website; assessing which parts of our site need updating; measuring and optimizing the performance of our marketing campaigns; redirecting traffic from different channels. Details about the cookies set by our websites and by third parties, including service providers acting on our behalf, are listed directly on the site or in the cookie control tool made available on the site. How to manage cookies You can manage the use of certain types of cookies by amending your cookies settings via the links in the cookie list on the site or in the cookie control tool made available on the site. You also may be able to block or delete cookies by selecting the appropriate settings on your browser privacy preferences menu. You can also manage many cookies used for online advertising via the consumer choice tools created under self-regulation programs in many countries, such as the US-based YourAdChoices, the Canada-based AdChoices or the EU-based Your Online Choices. Certain content and features in our services depend on cookies to function. For example, authentication cookies are used to identify and recognize registered users and to enable them to gain access to requested content or features. If you choose to block cookies, you cannot sign in or use certain content or features. If you choose to delete cookies, any settings and preferences dependent on those cookies will be lost. Use of web beacons and other technologies Some of our websites, applications and electronic communications contain electronic tags known as web beacons, gifs or pixel tags, unique identifiers and similar technologies that help deliver cookies, measure online activity, provide more relevant advertising, or analyze the effectiveness of our promotional campaigns or other operations. We may also use technologies from third-party data security providers such as Threatmetrix, to maintain online security and protect our websites and other services against fraud and abuse. MIGA Indemnity Insurance and Declaration Important Notices a) Notice to the Proposed Insured Your duty of disclosure Before you enter into an insurance contract, you have a duty to tell us anything that you know, or could reasonably be expected to know, that may affect our decision to insure you and on what terms. You have this duty until we agree to insure you. You have the same duty before you renew, extend, vary or reinstate an insurance contract. You do not need to tell us anything that: reduces the risk we insure you for is common knowledge we know or should know as an insurer we waive your duty to tell us about. If you do not tell us something If you do not tell us anything you are required to, we may cancel your contract or reduce the amount we will pay you if you make a claim, or both. If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed. Comment The requirement of full and frank disclosure of anything which may be material to the risk for which you seek cover (e.g. claims, whether founded or unfounded), or to the magnitude of the risk, is of the utmost importance with this type of insurance. It is better to err on the side of caution by disclosing anything which might conceivably influence our consideration of your proposal. b) Claims made insurance The Policy we offer is on a claims made basis. This means the Policy will cover you for Claims made against you and notified to us in writing during the Period of Insurance, subject to the Policy terms and conditions. The Policy will not provide cover in relation to: events that occurred prior to the retroactive date of the Policy as specified in the Policy Schedule Claims first made against you or Claims first notified to us after the expiry of the Period of Insurance even though the event giving rise to the Claim may have occurred during the Period of Insurance Claims notified or arising out of facts or circumstances notified (or which ought reasonably to have been notified) under any previous policy or indemnity arrangement Claims made, threatened or intimated against you prior to the commencement of the Period of Insurance Claims arising out of facts or circumstances of which you first became aware prior to the Period of Insurance, you failed to notify us; and which you knew (or ought reasonably to have known) had the potential to give rise to a claim under the Policy Claims arising out of circumstances noted on any Change of Details Form or on any previous Application or Renewal Form any matter contained in the Policy exclusions. However, where you give notice in writing to us of any facts that might give rise to a Claim against you as soon as reasonably practicable after you become aware of those facts but before the expiry of the Period of Insurance, the Policy will, subject to the terms and conditions, cover you notwithstanding that a Claim is only made after the expiry of the Period of Insurance. c) Retroactive date The Policy does not provide any indemnity in relation to any claims or circumstances that occurred prior to the claims made retroactive date currently agreed with us. d) Privacy The information in this form will be used to determine the terms and conditions on which we may offer to renew or provide you with insurance and membership. We may provide your personal information to its related bodies corporate and to third parties including insurance agents, brokers, insurers, reinsurers, reinsurance brokers, lawyers, actuaries, auditors, premium funders and medical boards in Australia and overseas. We may also provide personal and other information about the currency of your medical indemnity insurance to any health care provider from which you seek admitting rights or to which you apply for work. If you are an employee (or you are contracted to provide medical services), we may also provide personal and other information to your employer or prospective employer about your claims and circumstances history where you have authorised your employer or prospective employer to receive such information. We are required under the terms of the Medical Indemnity Act 2002 to provide to the Department of Human Services upon request any information that you provide to us that may be relevant to determining an entitlement to an indemnity or subsidy scheme payment under that legislation. If you refuse to provide information we require, or fail to provide accurate information, or refuse the use or disclosure of information, this may compromise your entitlement to services from, and cover under current or future insurance contracts issued by us. In most circumstances you can access the information which we hold about you but sometimes there will be reasons why that access is not possible, in which case you will be told why. From time to time we may offer you information on our products or services that may be of interest to you. Please contact us if you do not wish to receive the information. Declaration I declare the information (including personal information) provided by me in this Application Form and all other information I provide in connection with my Application for insurance and membership is true and correct and I understand, acknowledge and accept that: This Application Form is not an offer of insurance – the information in this Application Form will be used by MIGA to determine the terms and conditions, including premium, on which they may offer to accept my insurance and membership; If enrolled, I agree to comply with the requirements of MIGA's Risk Management Program, the terms and conditions of which are detailed in the Risk Management Program Booklet; To be entitled and remain entitled to insurance and membership of MIGA, I must: Comply at all times with the terms and conditions of membership of MDASA, as set out in its Constitution; Pay all membership fees and insurance premiums as and when they fall due; and Immediately advise MIGA if my actual Gross Income/Sessions exceed the estimate declared and immediately pay any additional premium owed to MIGA; MIGA may cancel my insurance or refuse to provide insurance and other services to me, not only in respect of my current Policy but also any past or future insurance entitlements, if I fail to pay the full premium (for which I remain liable to MIGA at all times) or any other amount owing to MIGA when it is due, or if I refuse to provide complete and accurate information required by MIGA or if I refuse its use or disclosure; Where information I provide to MIGA is inaccurate or changes and requires an adjustment to my entitlement to a PSS benefit of less than $100.00, I consent to MIGA not processing such an adjustment midterm; I will notify MIGA of any claims, occurrences or events, the circumstances of which have or are capable of giving rise to a claim or other matter covered by the Policy, as soon as I become aware of them and prior to expiry of my current year’s insurance. I have read the Important Notices in relation to the Premium Support Scheme (PSS) as detailed in the Combined FSG/PDS I authorise my prior and/or current medical indemnity providers/insurers to release to MIGA any information they may require as to my claim/circumstance history and any Medical Board or like matters. Unless I authorise third parties to access personal and other information about me and my insurance (including claims information) and membership and to request and make changes to my insurance MIGA will only accept such instructions from me. I have read and understood the Important Notices that appear above. I am the person described in the Application Form and I have read the questions and declare the answers to this completed Application Form to be true and correct. I have read and understand the Important Notices, and I make all of declarations that appear above. GitHub Copilot Telemetry Terms Acceptance of the additional telemetry described below is a condition to joining the wait list for the technical preview of GitHub Copilot and using GitHub Copilot during the technical preview. Additional telemetry If you use GitHub Copilot, the GitHub Copilot extension/plugin will collect usage information about events generated by interacting with the integrated development environment (IDE). These events include GitHub Copilot performance, features used, and suggestions accepted, modified and accepted, or dismissed. This information may include personal data, including your personal information, as referenced in the GitHub Privacy Statement. This usage information is used by GitHub, and shared with Microsoft and OpenAI, to develop and improve the extension/plugin and related products. OpenAI also uses this usage information to perform other services related to GitHub Copilot. For example, when you edit files with the GitHub Copilot extension/plugin enabled, file content snippets, suggestions, and any modifications to suggestions will be shared with GitHub, Microsoft, and OpenAI, and used for diagnostic purposes to improve suggestions and related products. GitHub Copilot relies on file content for context, both in the file you are editing and potentially other files open in the same IDE instance. When you are using GitHub Copilot, it may also collect the URLs of repositories or file paths for relevant files. GitHub Copilot does not use these URLs, file paths, or snippets collected in your telemetry as suggestions for other users of GitHub Copilot. This information is treated as confidential information and accessed on a need-to-know basis. You are prohibited from collecting telemetry data about other users of GitHub Copilot from the GitHub Copilot extension/plugin. For more details about GitHub Copilot telemetry, please see "About GitHub Copilot telemetry." You may revoke your consent to the telemetry and personal data processing operations described in this paragraph by contacting GitHub and requesting removal from the technical preview. Soundcloud Cookies & Tracking When clicking on “I accept”, you agree that we and our partners may store and/or access information on your device, such as unique IDs in cookies to process personal data. You may accept or manage your choices by clicking below, including your right to object where legitimate interest is used. You can withdraw your consent or manage your choices at any time in your settings or the cookie manager. For additional info please refer to our Privacy Policy. Your choices will be signaled to our partners and will not affect browsing data. Personalized Ads Use precise geolocation data. Actively scan device characteristics for identification. Store and/or access information on a device. Select basic ads. Create a personalised ads profile. Select personalised ads. Create a personalised content profile. Select personalised content. Measure ad performance. Measure content performance. Apply market research to generate audience insights. Develop and improve products. Epworth HealthCare Privacy Policy Epworth HealthCare (Epworth) is committed to protecting the privacy and confidentiality of the personal information (including health information and other sensitive information) that it collects and uses. Privacy Policy Epworth complies with its obligations under all applicable privacy and health records laws, including the Health Services Act 1988 (Vic), the Privacy Act 1988 (Cth) (and its Australian Privacy Principles) and the Health Records Act 2001 (Vic) (and its Health Privacy Principles). Where Epworth provides public health services, those service arrangements may also require Epworth to comply with public sector privacy obligations under the Privacy and Data Protection Act 2014 (Vic) from time to time. Epworth recognises that the privacy principles under those laws apply to our relationship with patients, employees and service providers. Epworth requires that all health professionals and organisations doing business with us will similarly adhere to those privacy principles. This Privacy Policy explains how Epworth manages the personal information that we collect, use and disclose; it also describes how you may contact us if you have any questions or complaints about your privacy or would like to access the personal information we hold about you. This Privacy Policy applies to all of the hospitals and health services operated by Epworth. What personal information does Epworth collect? Epworth collects personal information from patients so that we can provide health services to them. The personal information that we collect from you if you are, or will become, a patient includes: name, date of birth, address, contact details, financial details, ethnic background, health and medical history, lifestyle history, family history, details regarding your current health issue and details regarding your treating doctors (such as your general practitioner). We collect personal information from other individuals, such as employees, contractors, students, job applicants, and service providers, to enable us to assess, work with or transact with them. The personal information we may collect from those individuals in those circumstances includes: name, contact details, qualifications, education, financial details, employment history and immunisation history. If you do not provide to us any of your personal information that we require, we may be unable to provide you with the services you are seeking or to otherwise work or transact with you. If you are a patient at Epworth, you cannot choose to be anonymous or use a pseudonym because this would prevent us from being able to treat you appropriately. If you attend the private clinic of a doctor at an Epworth site, that doctor may maintain and keep their own separate medical record about you. How Epworth collects personal information We will ordinarily collect your personal information from you directly. Occasionally we may need to collect personal information about you from a third party such as your general practitioner, another health service provider or your family or carer. However, we will only do so if you have given us your permission, if we cannot reasonably obtain the information from you and we require the information for your care and treatment or if the law otherwise permits us to do so. If we receive personal information about you from someone else that we have not requested and we determine that we would not have been permitted to collect that information under privacy law, we will ordinarily destroy or de-identify the information. We may also collect personal information about someone else from you where that information forms part of your family, social and medical history and it is necessary for us to collect that information in order to provide your care and treatment. How Epworth uses and discloses personal information Epworth will use and disclose your personal information for the particular purpose for which we have collected it. Generally, if you are a patient of Epworth we will use and disclose your personal information for the purpose of providing health care services to you. Your personal information will be used by and disclosed to the health professionals and other staff involved in your care and treatment at Epworth. We may use your information to refer you to external services providers for diagnostic tests or to other health professionals during your care and treatment or after you are discharged. We will share your personal information with these other providers for the purpose of your care and treatment. We may also use and disclose personal information we collect in the following circumstances: To contact patients to send them a reminder for an appointment or follow up care, to check pre-admission details or to inform patients of out of pocket expenses. We may use patients’ information to give them a follow up call from our Patient Service Centre. We may provide general information about a patient’s condition to their family, near relative or carer, unless the patient has requested that we do not do so. We will ordinarily send a discharge letter or summary which will include details of a patient’s care and management at Epworth to their general practitioner or the specialist who referred the patient to Epworth, unless the patient requests that we do not do so. If appropriate, we may send a letter to other health professionals and individuals involved in a patient’s post discharge care – for example, to a physiotherapist or home nursing service. To communicate with Medicare and other government agencies (for example, Department of Veterans’ Affairs, WorkCover, TAC) involved in funding a patient’s health care. To communicate with a patient’s private health insurer. We may use a patient’s personal information to ask them to participate in a patient survey, quality improvement activities, a clinical trial or research. We may disclose personal information to a service provider who assists us with these activities. A patient has the right to decline to participate in these activities. To manage a patient’s account with us and to charge the patient (or a third party) for the services we provide. We will disclose certain information where we are required by law to do so about patients who have specific conditions to the Victorian or Commonwealth Government, their departments or agencies. We will also disclose certain information to organisations that maintain a health or disease register where we are required by law to do so. We may disclose personal information to an approved government agency, safety and quality body or law enforcement agency where required or permitted by law, for example in relation to locating missing persons, service of documents, census information collection or specified quality and safety purposes. We may disclose to and collect personal information from another health service for one or more specified quality and safety purposes with the appropriate Ministerial authorisation. Where we are contracted to provide public health services, we will disclose personal information in accordance with our contractual obligations to the relevant public health service providers and public sector privacy laws. For certain activities and functions related to Epworth’s business and operations, such as quality assurance and improvement, patient satisfaction assessments, audit (clinical and non-clinical), accreditation, service planning, service funding, risk assessment and management and claims investigation and management. We may disclose an individual’s personal information to our insurer and to other people or organisations we engage to assist us with these activities. We may also use personal information for training and educating our staff. Where possible, we will endeavour to remove information that identifies any individual when using it for these activities. From time to time, external suppliers that we engage to provide certain services to Epworth may have access to the personal information we collect – for example, external information technology providers or couriers. Where we engage such external suppliers, such persons and organisations must agree to manage any personal information they may access according to privacy laws. We may disclose an individual’s personal information to a third party where we are legally required to do so – for example, if we receive a subpoena. We may use and disclose the personal information of job applicants and individuals undertaking work experience or a student or trainee placement to assess and manage their engagement or employment, for insurance purposes and to comply with our legal obligations. We may use and disclose the personal information of health professionals that seek accreditation to practice at Epworth to assess their application, to manage our relationship with them, for insurance purposes and to comply with our legal obligations. If you are a service provider, we may use or disclose your personal information to manage our relationship with you. Where you have been provided with an opportunity to opt-out of receiving contact from Epworth Medical Foundation (EMF) in relation to fundraising support and you have not opted-out of receiving such contact, we may disclose your name and contact details to EMF. Further information is provided below as to how your personal information is disclosed to and used by EMF. Ordinarily, Epworth will not transfer your personal information to any person or organisation outside Australia, without your permission. However, Epworth may enter into arrangements with service providers who may store some of Epworth’s data (which may include personal information) overseas. If we do, we will ensure we comply with any privacy law requirements that relate to cross border disclosures of personal information. By becoming or remaining a patient of Epworth or by providing your personal information to us, you consent (to the extent that we require your consent under privacy laws to do these things) to Epworth collecting, using and disclosing your personal information in accordance with this Privacy Policy. Fundraising Support Epworth is a not-for-profit hospital group which relies on the generosity of its community to assist it to continue to deliver excellence in treatment and care. As part of your hospital admission process, you will be asked on your admission form whether you do not wish to be contacted by our fundraising trust Epworth Medical Foundation (EMF) in relation to fundraising support for Epworth. Where you have not opted-out of such contact on the admission form by ticking the relevant box, we will disclose your contact information to EMF. EMF may contact you to seek your support or to ask you to participate in Epworth’s fundraising activities. Where you have not opted-out of receiving fundraising contact from EMF, you may be contacted by a representative of EMF or by an external fundraising agent engaged by EMF. In either circumstance, only your contact details are available to the person or organisation who will contact you, and no information regarding your medical treatment or condition is disclosed by us to them. External fundraising agents will inform you as to who they are, why they are calling and that the contact relates to fundraising for EMF or Epworth. If you are not provided with this information, please advise EMF through the contact details provided on the EMF website www.emf.org.au. Should at any time you wish to opt-out of fundraising contact, you may contact Epworth’s Privacy Officer on the contact details set out below or use the opt-out mechanism provided under EMF’s Community Charter on the EMF website www.emf.org.au. How we protect your personal information Epworth has implemented measures to protect your personal information from misuse, interference, loss, unauthorised access, modification and disclosure. We store all of the information we collect from patients on their medical record which may be in hard copy and electronic format. Every time a patient attends Epworth, information is added to their medical record. When it is not required for your care, your hard copy medical record is stored securely in our health information services department. We use various procedures and technologies to protect your privacy, including access control procedures, audit trails, network firewalls and physical security. Only authorised staff or contractors have access to your records and we monitor any access to electronic records. Epworth will destroy or permanently de-identify any of your information which we no longer require for the purpose for which we collected it, provided we are not required under law or otherwise to retain the information. How you may request access to or correction of your personal information You may request access to the personal information we hold about you by contacting us at the details set out below. You may access your personal information by viewing it or by requesting a copy of your personal information. You may also request that we correct the personal information we hold about you if you believe that it is inaccurate by contacting us at the details set out below. Epworth will consider your request for access or correction and respond within the time required by law. We will ordinarily charge you for giving you access to your personal information in accordance with the fees and charges we are permitted to charge under the applicable laws. Queries and complaints regarding your privacy If you have any queries regarding how Epworth handles your personal information or wish to make a complaint about how we may have handled your personal information, you may contact us at the details set out below. We will consider your complaint promptly and provide a written response on the outcome. Our contact details You may contact us in any of the following ways: By letter Privacy Officer, Legal Services, Epworth HealthCare Corporate Office, c/- 89 Bridge Road, Richmond VIC 3121 Online Through the feedback form on the Patient Feedback page of our website. If you would prefer to make your complaint to an external complaint body, or you are not satisfied with the handling or outcome of the Epworth complaints process, you may contact the following organisations to lodge a complaint: Australian Information Commissioner Online: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint Health Complaints Commissioner (Victoria) Online: https://hcc.vic.gov.au/make-complaint Your use of our website We will only collect personal information through our website if you voluntarily provide it – for example, if you submit information via a web page form or you send us an email. Any personal information you provide to us through our website will be handled in accordance with the principles described in the preceding sections of this Privacy Policy. Epworth cannot ensure that any information transmitted over the internet is secure and you transmit such information at your own risk. However, once we receive a transmission of personal information, we take all reasonable steps to ensure that the information is secure on our systems. When you access our website, we will keep a record of your visit. We may collect the following information that does not identify you in relation to your use of our website: your computer address, the date and time of your visit, the type of browser you use, the pages you visit, the information you request and the country from which you request information. We collect this information for statistical purposes and to monitor and improve our web site and services. We use cookies. A cookie is a small data file that is stored on your browser or device and allows our computer server to identify your computer or device. This information allows our website content to load and function as intended when you access it and to monitor various statistics on use of our website. Most browsers will allow you to control whether the browser will accept or reject all, or certain, cookies. Further, you should be able to delete most cookies – you should check your browser for instructions on how to do this. Our website may contain links to third party websites unrelated to Epworth. This Privacy Policy has no application to third party websites. Epworth makes no representation regarding, and is not responsible for, the content or the privacy practices of third party websites and has no knowledge of whether cookies or other tracking devices may be used by those sites. Current as at 24 May 2022 Access the Privacy Policy Flyer (PDF, 40KB), or Click the blue print icon in the bottom left hand corner of this web page to print the complete Privacy Policy. Privacy Policy - Digital Facebook ads Epworth uses the Facebook pixel, an analytics tool to measure the effectiveness of our advertising. Epworth uses the pixel to serve related content to users based on their use of the Epworth website and to optimise advertising based upon a user's likeliness to be interested in Epworth services. Additionally, the Facebook Pixel is used to inform targeting, by creating lookalike audiences with interests similar to those who've already visited the Epworth website. Opt-out: you can opt-out of Facebook's use of the pixel by visiting https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen or https://www.facebook.com/ads/about. Google ads Epworth uses Google Ads to serve interest-based ads, and to personalise advertising based on a user's engagement with the Epworth website. Opt-out: You can opt-out of personalised ads from Google by visiting https://support.google.com/ads/answer/2662922?hl=en-AU or http://optout.networkadvertising.org/?c=1. Fit2Work Police Check Acknowledgement I acknowledge that I have read the General Information sheet and understand that Spent Convictions legislation (however described) in the Commonwealth and many States and Territories protects “spent convictions” from disclosure; understand that the national police history check for which I am applying may be in a category for which exclusions from Spent Convictions legislation may apply; have fully completed this online form, and the personal information I have provided in it relates to me, contains my full name and all names previously used by me, and is correct; acknowledge that the provision of false or misleading information is a serious offence; acknowledge that the Accredited Agency Equifax HR Solutions t/a fit2work.com.au above is collecting information in this Form to provide to the CrimTrac Agency (an Agency of the Commonwealth of Australia) and the Australian police agencies; consent to: the CrimTrac Agency disclosing personal information about me to the Australian police agencies; the Australian police agencies disclosing to the CrimTrac Agency, from their records, details of convictions and outstanding charges, including findings of guilt or the acceptance of a plea of guilty by a court, that can be disclosed in accordance with the laws of the Commonwealth, States and Territories and, in the absence of any laws governing the disclosure of this information, disclosing in accordance with the policies of the police service concerned; the CrimTrac Agency providing the information disclosed by the Australian police agencies to the accredited agency Equifax HR Solutions t/a fit2work.com.au, in accordance with the laws of the Commonwealth; and where applicable, the accredited agency Equifax HR Solutions t/a fit2work.com.au disclosing to the employer/organisation Epworth HealthCare above personal information about me to assess my suitability in relation to my employment/entitlement; and acknowledge that any information provided by me on this Form, relates specifically to the purpose nominated by Epworth HealthCare; acknowledge that any information provided by the Australian police agencies or the CrimTrac Agency, relates specifically to the purpose identified by Epworth HealthCare; acknowledge that personal information that I provide in this Form may be disclosed to the Accredited Agency Equifax HR Solutions t/a fit2work.com.au (including contractors or related bodies corporate) located in Australia or overseas for administrative purposes; and acknowledge that it is usual practice for an applicant’s personal information to be disclosed to Australian police services for them to use for their respective law enforcement purposes including the investigation of any outstanding criminal offences. Note: The information you provide on this Form, and which the CrimTrac Agency provides to the accredited agency Equifax HR Solutions t/a fit2work.com.au, on receipt of the Form, will be used only for the purpose stated above unless statutory obligations require otherwise. ST VINCENT’S HEALTH AUSTRALIA CAREERS TERMS AND CONDITIONS 1. Overview and Definitions (a) These Conditions apply to your use of this website and in using this website you agree to be bound by these Conditions. SVHA may from time to time update these Conditions, and you should visit this page periodically to review these Conditions. (b) If you do not accept these Conditions, you must not use this website and you will not be able to continue in this application process. Any applications you have made may also be affected. (c) ‘Conditions’ means these St Vincent’s Health Australia Careers Terms and Conditions and the St Vincent’s Health Australia Privacy Policy. Our Privacy Policy explains how we manage your information. You can contact us about any enquiries you have regarding our privacy practices [Please contact your hiring manager]. (d) ‘St Vincent’s Health Australia’, ‘SVHA’, ‘we’, ‘us’, or ‘our’ are references to St Vincent’s Health Australia Ltd (ABN 75 073 503 536) and, where the context requires, includes any of its related bodies corporate as defined in the Corporations Act 2001 (Cth) or affiliates (and where relevant ‘affiliate’ includes St Vincent’s Private Hospital Sydney ABN 99 269 630 262). 2. Joining up as a Job Seeker (a) Provided you accept these Conditions, you can join as a job seeker with us at any time if you have a current email address. (b) By joining as a job seeker, you accept and acknowledge that we are not making any offer of employment, making any promises to you of employment nor making any representation at all to you about employment or prospects of obtaining employment. 3. Information you provide to Us (a) As a job seeker you are responsible for ensuring that the information you provide to us and which we hold relating to you is current, accurate, comprehensive and complete. (b) All information you provide to us must be a true and accurate description of your own personal details, including previous employment history, skills, and abilities. (c) You must not provide any information to us which is false or misleading in any respect. (d) You must not enter any information on behalf of another person for any reason at any time. (e) If you fail to comply with this clause 3 then we may, amongst other things, terminate your account and /or restrict your access to the website. Any applications you have made, any offer of employment and or any employment obtained by you, may also be affected. (f) Without limiting the above, in completing any application for employment, you must ensure that SVHA has sufficient and complete information to effectively assess your application. 4. Deletion of Your Personal Information by Us We may delete your personal information and or terminate your account if we believe you have breached any of these conditions, or if we consider that your account is inactive, or if we decide to do so at our absolute and sole discretion. 5. Collection of Personal Information What is personal information? For more information on what your personal information is and how we manage your information please refer to our Privacy Policy. Personal information we collect; (a) If you apply or register your interest for a position with the St Vincent’s Health Australia Group we may collect your personal information, initially including your name, CV (which includes skills, qualifications and employment history), and contact details. (b) SVHA also collects: information regarding your eligibility to work in Australia and/ or in the relevant practice setting (as applicable); date of birth, together with diversity and inclusion information, which includes your gender, sexual orientation, ethnicity, ancestry or disability information; health information (including relevant vaccination and immunisation status). Why we collect, hold and share your personal information; In most instances personal information will be collected directly from you. However, in some circumstances information about you may be provided by third parties, such as recruitment providers, nominated referees, healthcare providers (particularly in reference to pre-employment checks) and government agencies for information we are legally required to collect such as visa status or other working checks. By submitting your application, and further participating in the recruitment process, you understand and agree that the information you provide in your application and throughout any recruitment process will be collected and stored by SVHA and shared with SVHA’s employees, officers and agents, and external service providers (including recruitment agencies, security organisations and recruitment website operators, who may be located outside Australia), involved in the process, to the extent necessary to undertake the recruitment process. Sharing your personal information with external service providers will be limited to the extent necessary to verify details you have provided or to otherwise assess your application. SVHA uses the following information in the recruitment process as follows: Identity, skills, qualifications, employment history and eligibility information: This information enables SVHA to confirm your identity, communicate with you in the recruitment process, and establish or verify relevant skills/ qualifications and your eligibility to work in the position at SVHA. This information may be shared with third parties including recruitment providers, nominated referees, educational institutions and government agencies for information we are legally required to collect; Date of birth and gender (together with diversity and inclusion information): This information is not used to determine your suitability for employment with SVHA and is used only for statistical reporting, other than in regard to gender and date of birth information, which is collected and used in latter stage of the recruitment process, to facilitate online access via the CGOV Cloud platform to the Australian Immunisation Register (AIR) (noting this is subject to a separate consent by you). Health information (including your immunisation and vaccination status): A collection and consent notice which will be provided to you by SVHA at or about the time it seeks to collect this information from you (including via the AIR), setting out the type of information to be collected and the way in which the information is to be used and disclosed, including to identified third parties. 6. Registration and Password You are responsible for maintaining the confidentiality of your account including your personal information, registration and password. You should not disclose your password to anyone else. You are responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your registration or password. 7. Indemnity You agree to defend, indemnify, and hold harmless SVHA and its current and former officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your breach of these Conditions. 8. Application for Employment By submitting an application for employment, you understand and agree that: (a) If any information given by you in an application is in breach of these Conditions, including information discovered to be false or misleading in any respect, or if you have omitted any relevant information, SVHA may refuse to employ you, withdraw an offer of employment or if you have been employed by SVHA (or any SVHA related body corporate or affiliate), your employment may be terminated. (b) You will, without fail, accurately and promptly disclose all current and previous employment and relationship (other than as a patient) with any St Vincent’s Health Australia Group companies. (c) As a pre-requisite to any employment (and in applicable cases for ongoing employment), you are required to provide SVHA with all necessary consents, information and documents (such as certified copies of passports, visas, access to the Australian Immunisation Register (AIR) and other relevant documentation) to enable SVHA to obtain the necessary security clearances required to establish your eligibility for employment (and ongoing employment), including but not limited to a criminal history check. (d) Without limiting clause 8(c), any offer of employment (and in applicable cases ongoing employment) may subject to completion and clearance (and maintenance) of the following checks (as applicable to the position): (i) National Police Check (NPC)/National Criminal Record Check (NCRC) (note that further criminal history checks may be required in the future for certain positions) (ii) Working with Children check (iii) Immunisation/immunity Check including access to AIR (for Covid-19 vaccination status) (iv) Reference checks (v) Proof of eligibility to work in Australia/ Entitlement to work (vi) A statutory declaration for applicants from overseas and/or with overseas experience or in high risk areas (e) Without limitation, you warrant that there are no known conflicts or restrictions that would impact on and or prevent you from employment with us, or for undertaking for this role, and you agree that if, during this process or at any time during your employment you become aware of any such conflicts or restrictions, you will immediately notify us. (f) In order to help SVHA fulfil its obligations under Work Health and Safety and other relevant legislation, in submitting an application for employment you agree to disclose any disability, medical condition or injury or illness (of which you are aware) which may or could (or to ascertain if it may or could (i) affect your ability to perform the inherent requirements of the relevant position (proposed employment); and (ii) require SVHA to consider reasonable adjustments in the workplace in order for you to safely perform the proposed employment; or (iii) pose a risk to your health and safety, and/or the health and safety of your fellow employees, in the workplace and require SVHA to take measures to manage any risks. (g) If required by SVHA, you (i) authorise us to speak to your medical practitioners and/or otherwise obtain further information in regard to your disclosure as it pertains to (f)(i) to (iii) above; (ii) agree to respond to any reasonable enquiries made by SVHA in regard to (f)(i) to (iii); and or (iii) agree to undertake a company appointed medical examination, for the purposes of determining and informing the matters set out above in subclause (f) in compliance with SVHA’s , legal obligations. (h) You acknowledge and agree that any offer of employment is conditional on you satisfying the necessary checks and clearances referred to at (f) and (g). (i) SVHA may check your visa status and your right to work in Australia with the Department of Immigration and Citizenship (or any successor Department). (j) An offer of employment will not be deemed valid unless such offer is formally made in writing by an authorised officer of SVHA (or the relevant SVHA related body corporate or affiliate) and will not be deemed to have been accepted until a copy of the written offer is signed by you and provided to SVHA as confirmation of your acceptance of the offer and conditions set out in the offer. (k) Your appointment may be subject to a probationary period, to be confirmed in a formal offer of employment. (l) Where applicable to a position, upon request you may be required to provide SVHA evidence of vaccination for Diphtheria, Tetanus and/or Pertussis including one documented dose of adult dTpa (e.g. Boostrix or Adacel) prior to commencement of employment (and as required during employment to maintain your ongoing employment). 9. Governing Law These Conditions are governed by the laws applicable in New South Wales. 10. Before your account can be created and you join this website, you must read and accept these Conditions and confirm your acceptance by clicking the 'I Accept' button below. I Accept and agree with these Conditions and in particular I consent to SVHA carrying out relevant pre-employment safety screening checks as listed in clause 8(d) KING ISLAND HOLIDAY VOUCHER – CONSUMER TERMS AND CONDITIONS King Island Holiday Voucher CONSUMER TERMS AND CONDITIONS You must reside in Victoria or Tasmania. This ballot is for travellers to King Island. It is open to people 18 years or older, subject to the Tasmanian Public Health Directions and associated travel restrictions that apply to residents of individual states at the time of registering for the ballot. You can register for the ballot once only. King Island Holiday Vouchers are strictly limited to one per person and are subject to eligibility. The King Island Holiday Voucher is a single voucher with a total face value of $300. The voucher will be used as a reduction on the total price of one transaction on the website booking portal at kingisland.org.au. 700 x $300 King Island Holiday Vouchers will be available to a total value of $210,000. To enter the ballot for a King Island Holiday Voucher you must register online at www.kingisland.org.au during the ballot registration period. The ballot registration period starts on Thursday, 7th April 2022 at 9:00am (AEST) and ends on Sunday 10 April 2022 at 5:00pm (AEST). At the time of registration, applicants will be asked to select how they are able to prove their residential address i.e. select a form of identification and also must provide, their full name, phone number, email address and home address. Registering for the ballot is not a guarantee, warranty, representation, or commitment of receiving a King Island Holiday Voucher and King Island Tourism, its employees, agents and contractors make no guarantee, warranty, representation or commitment whatsoever that your registration or application for a King Island Holiday Voucher will result in receipt or issue of a King Island Holiday Voucher. King Island Holiday Vouchers will be allocated via random selection of valid registrations. Successful King Island Holiday Voucher recipients will be notified and receive their King Island Holiday Voucher and unique code via email and SMS on 11 April 2022. King Island Holiday Voucher recipients can redeem their King Island Holiday Voucher by visiting the King Island Tourism website booking portal to access the list of participating Tourism Businesses and their registered offers at kingisland.org.au. King Island Holiday Vouchers are only redeemable on the website www.kingisland.org.au through the booking portal. They cannot be used directly with operators, on presentation on arrival or to pay for airfares or with airlines or any other means. King Island Holiday Vouchers must be redeemed between 9am (AEST) on 11th April 2022 and 11:59pm (AEST) on 20th April 2022 for bookings in the eligible travel period between 00:01 (AEST) 1 May 2022 and 11:59pm (AEST) 31 July 2022. Any bookings undertaken outside the travel period, booked after the redemption period specified above or booked outside of the King Island Tourism website booking portal cannot be claimed using the King Island Holiday Voucher. There is a minimum spend of $300 for King Island Holiday Vouchers. They cannot be partly redeemed and must be totally used on one “cart” transaction. The voucher will not be valid unless the minimum spend of $300 has been met. The voucher discount will be immediately deducted from the total price of the items in the cart, leaving the voucher recipient with only the balance to pay (if applicable). King Island Holiday Vouchers can be used for any day of the week, including weekends, within the stipulated travel period, subject to availability of accommodation and/or tours and attractions. King Island Holiday Vouchers are non-transferrable and cannot be redeemed for cash. King Island Holiday Vouchers cannot be used to purchase gift cards King Island Holiday Vouchers cannot be used to pay for cancellations or fees incurred for cancelling or changing bookings. The ballot draw is final, there is no opportunity for appeal. During the eligible travel period, King Island Holiday Voucher recipients are subject to, and must fully comply with, Public Health directions in relation to travel. Successful recipients will be subject to the refund and cancellation policies of King Island Tourism and the participating operators. A PDF of these terms and conditions is available here KING ISLAND NEWSLETTER Sign up to our newsletter for the latest King Island news and events. Terms & Conditions of Hire of Go Karts with Ace Karts (herein called ‘Ace Karts’) which name shall include all its servants, agents, licensees, assignees and/or independent contractors I hereby request Ace Karts to allow me to hire and use a Go-Kart at it’s Outdoor Go-Kart Centre located at 20 Carrington Drive, Albion, VIC 3020 – upon and subject to the following terms and conditions of hire: 1) Except for any rights consumers have under the Competition & Consumer Act 2010 as amended and otherwise permitted by law, Ace Karts and it’s servants, agents and/or independent contractors will not be liable in contract, tort or any otherwise for any direct, indirect consequential or special loss or damage whatsoever nature suffered by me howsoever any such loss or damage may be caused whether by the negligence or otherwise of Ace Karts or it’s servants, agents, and/or it’s independent contractors. 2) I agree that the hiring and use by me of any Go-Kart from Ace Karts is at my sole risk and responsibility and except for the rights consumers have under the Competition & Consumer Act 2010 as amended and otherwise permitted by law I hereby release and indemnify Ace Karts and it’s servants, agents and/or independent contractors in all respect of any direct or indirect or consequential special loss or damage of whatsoever nature suffered by me, howsoever any such loss or damage may be caused whether by the negligence or otherwise of Ace Karts servants, agents and/or independent contractors or by the negligence or otherwise of any person acting with or without the authority of Ace Karts or it’s servants, agents and/or independent contractors. 3) I agree to observe and be bound by the Regulations of Ace Karts as may from time to time be made by Ace Karts. 4) I agree that these Terms & Conditions shall relate to all and any future visits made by me to their premises and any subsequent hiring of Ace Karts by me from Ace Karts. 5) I confirm that I am not suffering from any medical condition that would prevent me from using Go-Karts at Ace Karts, nor do I suffer from the following: High Blood Pressure, Back, Neck or Bone Injuries, Heart Problems, Pregnancy, Recent Illness or Surgery. 6) I agree that Ace Karts may use my contact details to send me information about Ace Karts, including material such as information on new services and promotions or if necessary for the establishment, exercise or defence of a legal claim. These details will not be provided to any other third party unless authorised by me or as a direct result of the booking requirements. 7) I confirm I have read these conditions and have understood them and that the details I have provided are true and correct in every detail. myGov Beta Terms of Use The myGov Beta terms of use include the: information on this page myGov Beta privacy notice myGov terms of use myGov privacy notice. When you read these documents, any references to myGov also includes myGov Beta. Your myGov Beta dashboard At the moment your dashboard will show details from Centrelink if you have it linked to your myGov account. This includes your: claim’s status tasks and notifications payment history and scheduled future payments direct debit repayments. Your dashboard won’t show all your interactions with Centrelink. You may need to check your Centrelink online account for more information. When you use myGov Beta you agree to Services Australia collecting, using and disclosing your personal information relevant to: claims tasks payments debts myGov Beta draws this information from Centrelink and displays it on your dashboard. Links to other websites Some site pages and interactive content contain links to third party sites not managed by us. Those sites are not within our control and do not follow the same privacy, security, or accessibility standards as ours. We are not responsible for the content or availability of those sites, their partners, or advertisers. Any link to an external site is provided for your information and convenience only. Mt Buller Terms and Conditions Buller Ski Lifts Other Policy EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS! Please read the terms and conditions at https://www.mtbuller.com.au/Winter/terms-of-use I understand photo identification and the credit card used to purchase products from this website/call centre must be present to collect products, or products will be withheld. By purchasing products from Buller Ski Lifts, you agree to be bound by the terms and conditions described. Fulfillment Instructions Automatically reloads your B-TAG with lift access. mtbuller.com.au Written Cancellation Policy Cancellations prior to 30 days of initial booking arrival date incur a fee of 10% of booking, or $50, whichever is the greater amount. Cancellations inside 30 days of initial booking arrival date are non refundable. We strongly recommend you purchase travel insurance to cover the loss of monies paid in the event of having to cancel your reservation. Amendments: We are happy to facilitate date changes within the current season, subject to each activity supplier / accommodation provider's discretion, availability and price. Amendments will incur an additional $50 admin fee each time a change is made. For information on our COVID 19 Policy, head to our website https://www.mtbuller.com.au/Winter/resort-info/about-mt-buller/covid-19 Written Deposit Policy 100% of payment due at time of booking. Discount Ski Hire Terms and Conditions Physical credit card and drivers license required at pickup. BOOKING CONTRACT A contract is formed between the SCM Hire P/L and the person making the booking and/or those they are making the booking on behalf of. The booking is only accepted by SCM Hire P/L on the basis that you and/or those you have booked on behalf of, accept the conditions listed below. BOOKING CONDITIONS Equipment Hire must be paid at the time of reservation. Bookings not confirmed with payment will be immediately cancelled. CANCELLATIONS Cancel up to 48 hours prior to the booked collection time and we will refund minus 5% booking fee. Just reply to the original booking confirmation with your instructions to cancel. Cancel less than 48 hours prior to the booked collection time and we will refund minus the first days charge. Date changes are free up to 48 hours prior to the booked collection time and are subject to availability. We do not guarantee availability for new dates. TERMS AND CONDITIONS OF HIRE DEFINITIONS “Equipment” means skis, boots, bindings, stocks, snow-boards, toboggans, chains, ski racks, apparel and any other items hired to the Customer by SCM Hire P/L. PROPERTY Ownership of the Equipment shall at all times remain with SCM Hire P/L and no person shall be entitled to use, dispose of or otherwise deal with the Equipment in any way which is inconsistent with SCM Hire P/L’s right or these conditions. LOSS OR DAMAGE TO EQUIPMENT The Customer will immediately stop using the Equipment if it is damaged or becomes unsafe. The Customer will not repair or attempt to repair the Equipment without SCM Hire P/L's consent. The Customer will reimburse SCM Hire P/L or pay for the costs of all repairs and if the damage is irreparable or the Equipment is lost or stolen, the replacement cost in the amount displayed on SCM Hire P/L’s premises shall be paid by the Customer to SCM Hire P/L. CUSTOMER’S OBLIGATIONS The Customer shall:(a) pay to SCM Hire P/L all hire and other charges for which the Customer is liable to SCM Hire P/L; (b) Upon delivery immediately examine the Equipment to be satisfied as to its condition and fitness for the purpose for which the Equipment is required. In accepting the Equipment the Customer acknowledges the Equipment has been examined and the Customer issatisfied as required. (c) use the Equipment in a proper manner and only for the purpose and within the capacityfor which it was designed, acknowledging that SCM Hire P/L can give no warranty as to thatcapacity; (d) accept full responsibility for the safekeeping of the Equipment; (e) not alter, make additions to, deface or erase any identifying mark, trademark, writing ornumber on the Equipment or in any other manner interfere with or modify the Equipment; (f) accept responsibility for and fully reimburse SCM Hire P/L for the cost of freight to retrieveany Equipment abandoned for any reason. (g) where the Equipment includes wheel chains, be solely responsible for ensuring that thewheel chains are correct for the vehicle, that the Customer has complied with any instructions in the vehicle owner's manual with respect to the fitting of the chains and that the wheel chains have been correctly sized and fitted to the vehicle by the Customer before departing Mansfield. The Customer agrees that SCM Hire P/L is not liable for any loss or damage arising from or in connection with the incorrect fitting or use of the Equipment by the Customer or any other person. DIN SETTINGS The Customer acknowledges that DIN (Deutsche Industrie Norm) settings have been calculated on the basis of information provided by the customer to SCM Hire P/L which information is warranted as correct by the Customer and the Customer releases SCM Hire P/L from and indemnifies SCM Hire P/L against any claim arising as a consequence of the DIN settings being incorrect. INDEMNITY The Customer agrees to indemnify and keep indemnified SCM Hire P/L, its employees, agents and contractors against liability in respect of any suits, claims, actions, demands, costs, loss or damages by the third party arising directly or indirectly out of the hire or use of the Equipment by the Customer whether caused by the negligence of the Customer or any other person, the breakage or failure of the Equipment or otherwise. EXCLUSIONS Any warranty or representation whether expressed or implied as to the state, quality, merchantability Fitness for purpose of the Equipment hired is excluded to the maximum extent permitted by law. The liability of SCM Hire P/L to the Customer or any person claiming through the Customer for any loss, damage, claim, action or injury whether arising as a consequence of the negligence of SCM Hire P/L or otherwise resulting from the hire or use of the Equipment shall be limited to the maximum extent permitted by law and shall not exceed the refund of the hire fee. In no circumstances shall SCM Hire P/L be liable for any indirect or consequential loss. TERMINATION OF HIRE The Customer may terminate the hire period at any time by returning the Equipment to SCM Hire P/L prior to 6.30pm on the agreed date. If Equipment is returned in an unsatisfactory condition in breach of the terms of this agreement the hire period shall be deemed to continue until the Equipment is in a state which is reasonably satisfactory to SCM Hire P/L. SCM Hire P/L undertakes to take reasonable steps to put the Equipment in a satisfactory state as soon as practicable after its return. MISCELLANEOUS (a) These terms and conditions replace and supersede all other terms and conditions of hire, if any, previously in force between SCM Hire P/L and the Customer and no variation of these terms and conditions shall bind either party unless confirmed by SCM Hire P/L in writing. (b) If any part of these terms or conditions becomes invalid, void, unenforceable or illegal for any reason then that part shall be deemed to be deleted from these terms and conditions which shall be interpreted and enforced as if such provision was not contained in this agreement. (c) Termination of the hire period shall not affect any of these terms and conditions which are expressed or implied to operate or have effect after termination. (d) Any person signing this agreement for and on behalf of another person agrees with SCM Hire P/L that he/she has the power and authority to make this agreement on behalf of the other and to bind the other to this agreement and indemnifies SCM Hire P/L against all losses and costs incurred by SCM Hire P/L arising out of the person signing this agreement failing to have such power and/or authority. Substack Terms of Use Effective date: August 17, 2021 Welcome to Substack! These Terms of Use are a binding contract between you and Substack Inc. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Substack’s products and services (referred to below simply as “Substack”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at tos@substackinc.com. Using Substack in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Substack. These Terms include everything in this document, as well as those in the Privacy Policy, Publisher Agreement, Content Guidelines, and Copyright Dispute Policy. If you don’t agree to all of the following, you may not use or access Substack in any manner. You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Substack and that your parent or guardian agrees to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity). Creating an Account on Substack You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself. You agree that you will only use Substack for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission. You may not select as your Substack account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Substack reserves the right to refuse registration of or cancel a Substack account name at its discretion. Posting Content on Substack First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Substack remains yours and is protected by copyright and any other applicable intellectual property laws. That includes newsletters, subscriber lists, any other text or photos you upload to your subdomain on Substack, and any information that you provide to obtain a Substack username and account. It also includes any comments posted on any current or future discussion board features on Substack. Anything posted, uploaded, shared, stored, or otherwise provided through Substack is referred to as a “Post” in these Terms. There are a few rules that apply to all Posts: Don’t Infringe: Your Posts should not violate someone else’s (including Substack’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content. Limited License to Us: In order to display your Posts on Substack, and to allow other users to enjoy them, you grant us certain rights in your Posts: Operating Substack: You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your newsletter to make sure it is viewable on an iPhone as well as a computer. Public Posts: If you share a Post with other users on Substack, then you grant us the license above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of Substack a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of Substack. Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected. We reserve the right to remove any content from Substack at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice. Intellectual Property and Reporting Infringement We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Substack. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the Digital Millennium Copyright Act, which governs how we handle these reports, click here. You understand that we own Substack. These Terms don’t grant you any right, title or interest in Substack, or our trademarks, logos, and other intellectual property. Acceptable Use Policy You are responsible for all your activity in connection with Substack! Make sure that you use Substack in a manner that complies with the law. If your use of Substack is prohibited by applicable laws, then you aren’t authorized to use Substack. We can’t and won’t be responsible for you using Substack in a way that breaks the law. You also agree that you will not contribute any Post or otherwise use Substack in a manner that: Is fraudulent or threatening, or in any way violates Substack’s Content Guidelines; Jeopardizes the security of your Substack account or anyone else’s (such as allowing someone else to log into Substack as you, or sharing your account or password with someone); Attempts, in any manner, to obtain the password, account, or other security information of any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on Substack, or any processes that run or are activated while you are not logged into Substack, or that otherwise interferes with the proper working of Substack (including placing an unreasonable load on Substack’s infrastructure); “Crawls,” “scrapes,” or “spiders” any page, data, or portion of Substack (through use of manual or automated means); Copies or stores any significant portion of the content on Substack; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Substack. Other Users and Third-Parties Posts: Posts posted to Substack – including Publisher newsletters – are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post. Other Users on Substack: Your interactions with organizations and individuals found on or through Substack, including payment for Publisher newsletters, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Substack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to Substack and are not responsible for which users gain access to our products and services. Third-Party Content: Substack may contain links or connections to third party websites or services that are not owned or controlled by us. Substack has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service. In the event that you have a dispute with one or more other users of Substack or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Substack. Limitation of Liability To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for: Any indirect, special, incidental, or consequential damages of any kind, or Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Substack in the twelve-month period preceding the applicable claim. No Warranties Substack is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Substack will be uninterrupted or error-free. Accordingly, we do not: Make any representations or warranties about any content contained in or accessed through Substack, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services. Make any representations or warranties regarding suggestions or recommendations of products or services (including Publisher newsletters) offered or purchased through Substack. Products and services purchased or offered through Substack, including newsletters, are provided “as-is” and without any warranty of any kind from Substack. Paid Subscriptions on Substack If you publish newsletters through Substack, you are a Publisher. If you subscribe to Publisher newsletters, you are a Reader. Readers subscribe to newsletters directly through the Publisher’s subdomain on Substack. A Publisher may offer their newsletters for free or for a subscription fee, to be determined in the Publisher’s discretion. Readers may choose to subscribe to Publisher newsletters on Substack and agree to incur any applicable subscription fees. Publishers will set prices for their newsletters, and may change the prices at their sole discretion through their Publisher account, though no price changes shall apply retroactively. In the event that a Reader has a dispute with a Publisher, you agree that Substack is under no obligation to become involved other than to direct any inquiries regarding a Publisher’s newsletter to the appropriate Publisher pursuant to the Publisher Agreement. To learn more about how Substack manages its relationships with Publishers, you should check out the Publisher Agreement. Terminating Your Account Substack is free to terminate (or suspend access to) your use of Substack, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Substack. Substack also allows you to delete your account at any time. If you'd like to delete your account, you can do so from your account page. When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available. You understand and agree that it may not be possible to completely delete your content from Substack’s records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using Substack. You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms. If you have deleted your account by mistake, contact us immediately at tos@substackinc.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Privacy on Substack Substack takes your privacy very seriously. For the current Substack Privacy Policy, please click here. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Substack or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at tos@substackinc.com. Changes to Substack We’re always trying to improve Substack, so our products and services may change over time. We may suspend or discontinue any part of Substack, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Substack. We’ll try to give you notice when we make a material change to Substack that would adversely affect you, but this isn’t always possible or practical. Changes to the Terms We are constantly trying to improve our products and services, so these Terms may need to change along with Substack. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Substack. If you use Substack in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. Violations of the Terms Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Substack has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Miscellaneous Terms The above covers most of the questions that we typically receive about Substack. We have grouped provisions that come up less frequently below: Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Substack, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Substack account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof. Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and Substack Inc agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim. No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms. No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Substack Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Substack Privacy Policy Last Updated: October 15, 2021 Substack Inc. knows you care about how your personal information is used and shared, and we take your privacy seriously. This Privacy Policy outlines how we collect, use, and share your personally identifiable information ("Personal Information") through our website (www.substack.com) and our services. Please read it carefully. Remember that your use of Substack is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms of Use. This Privacy Policy includes additional notices that may apply to you if you are a California consumer. Please see the section further below titled "Additional Notices for California Residents" for more details. What does this Privacy Policy cover? This Privacy Policy details how we collect, receive, use, store, share, transfer and process your Personal Information. It also describes the choices you have regarding the use of your Personal Information, as well as your rights and how you execute these rights. This Privacy Policy only applies to the processing of your Personal Information by Substack as a data controller, meaning where we process your Personal Information for our purposes. This Privacy Policy does not apply to any processing of your Personal Information by Substack as a data processor on behalf of a Publisher. Publishers will have their own privacy practices governing their use of Personal Information as outlined in their own terms of use and/or privacy policies. Will Substack ever change this Privacy Policy? We’re constantly trying to improve our services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our site, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of Substack, and you are still responsible for reading and understanding them. What Information does Substack collect? We collect and process Personal Information about you when you interact with us and our services, as well as when you subscribe to any of our paid or unpaid services. This may include: your first and last name; your email address; your phone number; your payment details (including billing address, credit card details, where you make a purchase from us); your location and/or mailing address; your photograph; your marketing preferences, including any consents you have given us; information related to the browser or device you use to access our website (including your IP address); any information we collect online from you and maintain in association with your account, such as your username and password; your subscription status with Substack newsletters; any other information you provide us when communicating with us. We also collect information on the use of our website via Cookies. Please view the section “Cookies” below for more information. How does Substack use your Personal Information? We process this Personal Information for the following purposes: To establish and fulfill a contract with you, for example when you subscribe to a subscription Service. This may include verifying your identity, taking payments, communicating with you, providing customer service; As required by Substack to enable our business and pursue our legitimate interests. In particular we use you Personal Information for the following purposes: to provide services you have requested, and respond to any communications, comments or complaints you send us; to monitor the use of our services and to help us monitor, improve and protect our services, content and website; allow you to create, maintain, customize and secure your account with us; to personalize our services for you; to monitor any user accounts to prevent, investigate and/or report fraud, misrepresentation, terrorism, security incidents or crime in accordance with applicable law; to invite you to take part in surveys or market research. Where our use of Personal Information is made pursuant to a balancing of our legitimate interests with your privacy interest, we will provide more information about our balancing analysis and process on request. Please send any such requests to privacy@substackinc.com. Compliance with applicable laws and protection of Substack’s legitimate business interests and legal rights, including but not limited to use in connection with legal claims, compliance, regulatory, investigative purposes (including disclosure of such information in connection with legal process or litigation). In addition, we will send you, based on your consent (if required), direct marketing communication in relation to our relevant services, or other services provided by us, our affiliates and carefully selected partners. You can withdraw your consent at any time ("opt out"); see the section "What are your rights?" below. In case of electronic direct marketing you can opt out by following the instructions in the communication. In certain cases, we may also share some Personal Information with third parties, but only as described in this Privacy Policy. How will Substack share the Personal Information it receives? We may share your Personal Information with third parties as described below: Affiliates: We may disclose your Personal Information to our subsidiaries and/or corporate affiliates for the purposes as described above. Publishers: when you subscribe to a Publisher’s newsletter, we provide them the information necessary (including your name and email address) to provide you their newsletter(s). Please note that Publishers control their own newsletters; accordingly, when you interact with a Publisher’s newsletter in a way that requires your personal information, including when commenting on a newsletter that you have not subscribed to, that personal information is provided directly to the Publisher. Our Service Providers: We share your Personal Information with third party service providers that provide services on our behalf; for example, we use Stripe (a third party payment provider) to receive and process your credit card transactions for us. Such third parties further include, but are not limited to, providers of: website hosting; maintenance services; email services; security services; content delivery networks; customer support operations and software services; traffic and usage analytics services; and cloud storage and computing services. Other users: If your user profile allows it, you may choose to populate certain user profile information, including, without limitation, your name, subscriptions, publications, location, and any image content. Any user profile information uploaded may be displayed to other users to facilitate user interaction within the services (including when you post comments or upload images or videos through the services). Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Your username may also be displayed to other users if and when and other users can contact you through comments. Prospective sellers or buyers: We may share and/or transfer customer information in connection with the sale or merger of our business or assets (subject to local laws). Also, if we go out of business, enter bankruptcy, or go through some other change of control. Government authorities and/or law enforcement officials: If required for the purposes as described in this Privacy Policy, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws we may share Personal Information with competent regulatory, prosecuting, tax or governmental authorities, courts or other tribunals in any jurisdiction or markets, domestic or foreign. In certain cases, we may anonymize your Personal Information in such a way that you can no longer be identified as an individual, and we reserve the right to use and share such anonymized information to trusted partners not specified here. However, we never disclose aggregated or de-identified information in a manner that could identify you as an individual. Where will we send your Personal Information? Substack is established in the US and uses service providers established both in the US and in other countries to process Personal Information as described in this Privacy Policy. As such, your Personal Information may be shared internationally. Is Personal Information about you secure? Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, failure of the services, or other factors may compromise the security of user information at any time. What are your rights? Depending on applicable local laws, you may be entitled to ask Substack for a copy of your Personal Information, to correct it, erase or restrict its processing, or to ask us to transfer some of this information to other organizations. You may also have rights to object to some processing activities or to request restriction of some processing activities. Where we have asked for your consent to process your Personal Information, you may also have the right to withdraw this consent. These rights may be limited in some situations or in accordance with applicable law – for example, we cannot delete your Personal Information when we can demonstrate that we have a legal obligation to retain it. In some instances, this may mean that we are able to retain data even if you withdraw your consent or you delete your account. Where we require Personal Information to comply with legal or contractual obligations, then provision of such information is mandatory: if such information is not provided, then we will not be able to manage our contractual relationship, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional. Please note we will always inform you where the provision of your Personal Information is mandatory or optional. We hope that we can satisfy any queries you may have about the way we process your Personal Information. If you have any concerns about how we process your Personal Information, or would like to opt out of marketing, you can get in touch at privacy@substackinc.com. If you are a California consumer, please see the section further below titled “Additional Notices for California Residents” for more notices regarding your Personal Information. You can access, edit, or delete some personal information by yourself Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us: name and password email address user profile information, including images you may have uploaded to the site The information you can view, update, and delete may change as the services change. If you'd like to delete your account, you can do so from your account page. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy@substackinc.com. You can unsubscribe from our marketing communications You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, updating your communication preferences or by contacting us at privacy@substackinc.com. We remind you that this Privacy Policy does not apply to any processing of your Personal Information by Substack as a data processor on behalf of a Publisher. A Publisher’s own terms and policies govern its use of Personal Information it collects on the Publisher’s subdomain on the services, including their own marketing emails and other communications. You have the right to complain to your local data protection authority In the event you have unresolved concerns, please note that you have the right to complain to a data protection authority. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries are available here. How long will Substack retain your data? We retain information about you only for as long as reasonably necessary to fulfill the purposes for which it was collected. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. Automated individual decision-making, including profiling We do not process your Personal Information for automated individual decision-making, including profiling. Cookies We use cookies on our website. Cookies are small text files sent by a web server to your web browser and saved locally on your computer. The cookie allows the server to uniquely identify the browser on each page. Cookies do not cause any harm to your computer and do not contain viruses. We use the following categories of cookies on our website: Category 1: Strictly Necessary Cookies These cookies are essential in order to enable you to move around the website and use its features. Without these cookies, services you have asked for such as remembering your login details or data provided for a purchase cannot be provided. Category 2: Performance Cookies These cookies collect information on how people use our website. The data stored by these cookies never shows personal details from which your individual identity can be established. Category 3: Functionality Cookies These cookies remember choices you make such as the country you visit our website from, language and search parameters. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. Cookie Name: _cfduid Cookie Type: Persistent Cookie Purpose: Set by Cloudflare, identifies individual visitors privately and anonymously to help rate-limit and prevent malicious traffic Cookie Lifetime: 30 days Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): https://www.cloudflare.com/privacypolicy/ Cookie Name: substack.sid / connect.sid Cookie Type: Persistent Cookie Purpose: Session identifier (login, etc) Cookie Lifetime: 90 days max Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): Cookie Name: ajs_anonymous_id Cookie Type: Persistent Cookie Purpose: First-party analytics tracking Cookie Lifetime: 365 days Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): Cookie Name: hideCookieBanner Cookie Type: Persistent Cookie Purpose: Remembers that the user dismissed cookie banner Cookie Lifetime: 365 days Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): Cookie Name: intro_popup_last_hidden_at Cookie Type: Persistent Cookie Purpose: Prevents showing introductory information the user has already seen Cookie Lifetime: 10 years Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): Cookie Name: visit_id Cookie Type: Persistent Cookie Purpose: First-party analytics tracking Cookie Lifetime: 30 minutes Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): Cookie Name: substack.lli Cookie Type: Persistent Cookie Purpose: Communicates login state across first party domains Cookie Lifetime: 90 days max Cookie Domain: .substack.com Vendor Privacy Policy (if applicable): Publisher cookies In addition to the cookies Substack uses, Publishers on Substack may choose to set certain tracking and analytics cookies, subject to the Publisher’s own terms and policies. These Publisher cookies may include cookies set by third parties such as Twitter, Facebook, Google, and Parse.ly. Disabling and opting-out of cookies Current versions of web browsers offer enhanced user controls regarding the placement and duration of both first and third party cookies. Search for "cookies" under your web browser's “Help menu” for more information on cookie management features available to you. You can enable or disable cookies by modifying the settings in your browser. You can also find out how to do this, and find more information on cookies at www.allaboutcookies.org. However, if you choose to disable cookies in your browser, you may be unable to complete certain activities on our websites or to correctly access certain parts of it. If you would like more information about interest-based advertising, including how to opt-out of these cookies, please visit http://youronlinechoices.eu/. Information Collected From Other Websites and Do Not Track Policy Through cookies we place on your browser or device, we may collect information about your online activity after you leave our website. Just like any other usage information we collect, this information allows us to improve the services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the services and after you leave our services. Questions about this policy? The data controller for this processing is Substack, Inc. If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@substackinc.com or contact us at: Substack Inc. 111 Sutter Street, 7th Floor San Francisco CA 94104 USA T +1 (415) 592-7299 We will try to resolve your concerns. Additional Notices for California Residents Substack has prepared additional disclosures and notices consistent with the California Consumer Privacy Act (CCPA). Our CCPA Policy, the terms of which are incorporated by reference into this Privacy Policy, can be found here.Substack Terms of Use Effective date: August 17, 2021 Welcome to Substack! These Terms of Use are a binding contract between you and Substack Inc. (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Substack’s products and services (referred to below simply as “Substack”). If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at tos@substackinc.com. Using Substack in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use Substack. These Terms include everything in this document, as well as those in the Privacy Policy, Publisher Agreement, Content Guidelines, and Copyright Dispute Policy. If you don’t agree to all of the following, you may not use or access Substack in any manner. You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Substack and that your parent or guardian agrees to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity). Creating an Account on Substack You may be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself. You agree that you will only use Substack for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You may not transfer your account to anyone else without our prior written permission. You may not select as your Substack account name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Substack reserves the right to refuse registration of or cancel a Substack account name at its discretion. Posting Content on Substack First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Substack remains yours and is protected by copyright and any other applicable intellectual property laws. That includes newsletters, subscriber lists, any other text or photos you upload to your subdomain on Substack, and any information that you provide to obtain a Substack username and account. It also includes any comments posted on any current or future discussion board features on Substack. Anything posted, uploaded, shared, stored, or otherwise provided through Substack is referred to as a “Post” in these Terms. There are a few rules that apply to all Posts: Don’t Infringe: Your Posts should not violate someone else’s (including Substack’s) rights. Don’t copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content. Limited License to Us: In order to display your Posts on Substack, and to allow other users to enjoy them, you grant us certain rights in your Posts: Operating Substack: You hereby grant Substack a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within Substack. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your newsletter to make sure it is viewable on an iPhone as well as a computer. Public Posts: If you share a Post with other users on Substack, then you grant us the license above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of Substack a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of Substack. Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected. We reserve the right to remove any content from Substack at any time, for any reason (including, but not limited to, if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice. Intellectual Property and Reporting Infringement We respect others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on Substack. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the Digital Millennium Copyright Act, which governs how we handle these reports, click here. You understand that we own Substack. These Terms don’t grant you any right, title or interest in Substack, or our trademarks, logos, and other intellectual property. Acceptable Use Policy You are responsible for all your activity in connection with Substack! Make sure that you use Substack in a manner that complies with the law. If your use of Substack is prohibited by applicable laws, then you aren’t authorized to use Substack. We can’t and won’t be responsible for you using Substack in a way that breaks the law. You also agree that you will not contribute any Post or otherwise use Substack in a manner that: Is fraudulent or threatening, or in any way violates Substack’s Content Guidelines; Jeopardizes the security of your Substack account or anyone else’s (such as allowing someone else to log into Substack as you, or sharing your account or password with someone); Attempts, in any manner, to obtain the password, account, or other security information of any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on Substack, or any processes that run or are activated while you are not logged into Substack, or that otherwise interferes with the proper working of Substack (including placing an unreasonable load on Substack’s infrastructure); “Crawls,” “scrapes,” or “spiders” any page, data, or portion of Substack (through use of manual or automated means); Copies or stores any significant portion of the content on Substack; Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Substack. Other Users and Third-Parties Posts: Posts posted to Substack – including Publisher newsletters – are the sole responsibility of the person or organization from whom such content originated. You access all such content at your own risk. We aren’t liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post. Other Users on Substack: Your interactions with organizations and individuals found on or through Substack, including payment for Publisher newsletters, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Substack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can’t guarantee the identity of any users with access to Substack and are not responsible for which users gain access to our products and services. Third-Party Content: Substack may contain links or connections to third party websites or services that are not owned or controlled by us. Substack has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service. In the event that you have a dispute with one or more other users of Substack or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Substack. Limitation of Liability To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Substack, its licensors, or its suppliers be liable to you or to any other person for: Any indirect, special, incidental, or consequential damages of any kind, or Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Substack in the twelve-month period preceding the applicable claim. No Warranties Substack is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Substack will be uninterrupted or error-free. Accordingly, we do not: Make any representations or warranties about any content contained in or accessed through Substack, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services. Make any representations or warranties regarding suggestions or recommendations of products or services (including Publisher newsletters) offered or purchased through Substack. Products and services purchased or offered through Substack, including newsletters, are provided “as-is” and without any warranty of any kind from Substack. Paid Subscriptions on Substack If you publish newsletters through Substack, you are a Publisher. If you subscribe to Publisher newsletters, you are a Reader. Readers subscribe to newsletters directly through the Publisher’s subdomain on Substack. A Publisher may offer their newsletters for free or for a subscription fee, to be determined in the Publisher’s discretion. Readers may choose to subscribe to Publisher newsletters on Substack and agree to incur any applicable subscription fees. Publishers will set prices for their newsletters, and may change the prices at their sole discretion through their Publisher account, though no price changes shall apply retroactively. In the event that a Reader has a dispute with a Publisher, you agree that Substack is under no obligation to become involved other than to direct any inquiries regarding a Publisher’s newsletter to the appropriate Publisher pursuant to the Publisher Agreement. To learn more about how Substack manages its relationships with Publishers, you should check out the Publisher Agreement. Terminating Your Account Substack is free to terminate (or suspend access to) your use of Substack, or your account, for any reason at our discretion. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important Posts you may have uploaded to your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Substack. Substack also allows you to delete your account at any time. If you'd like to delete your account, you can do so from your account page. When you delete your account, any Posts associated with that account will also be deleted. However, any Post that you have made public may remain available. You understand and agree that it may not be possible to completely delete your content from Substack’s records or backups, and that your Posts may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using Substack. You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms. If you have deleted your account by mistake, contact us immediately at tos@substackinc.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything. Privacy on Substack Substack takes your privacy very seriously. For the current Substack Privacy Policy, please click here. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Substack or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at tos@substackinc.com. Changes to Substack We’re always trying to improve Substack, so our products and services may change over time. We may suspend or discontinue any part of Substack, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Substack. We’ll try to give you notice when we make a material change to Substack that would adversely affect you, but this isn’t always possible or practical. Changes to the Terms We are constantly trying to improve our products and services, so these Terms may need to change along with Substack. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Substack. If you use Substack in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. Violations of the Terms Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Substack has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Miscellaneous Terms The above covers most of the questions that we typically receive about Substack. We have grouped provisions that come up less frequently below: Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Substack, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Substack (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Substack account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof. Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and Substack Inc agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim. No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms. No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Substack Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. Substack CCPA Policy Last updated: September 3, 2021 This CCPA Policy is incorporated by reference into the Substack Privacy Policy. While the framework used here is based in the provisions of the California Consumer Privacy Act of 2018 (“CCPA”), we provide the rights described here to all our users. If you are a California resident, please note that the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. Any capitalized terms not defined in this CCPA Policy have the same meaning given to them in our Privacy Policy, Terms of Use, and/or the CCPA. No Sale of Personal Information We do not sell personal information. Individual Rights The CCPA provides California consumers with several individual rights with respect to Personal Information. Note that these rights apply to individual consumers, not to companies. This section describes those rights in detail and provides information on how to exercise those rights. Exercising Your Rights To exercise any of the rights described in this section, please contact us at privacy@substackinc.com with (i) a complete description of your request, including the specific right(s) you wish to exercise and (ii) sufficient information about you so we can confirm that your request is a verifiable customer request, including at a minimum your name and email address. Once we have received your verifiable consumer request, we will respond consistent with applicable law. You may also make a request by mail by sending the information specified above to: Substack CCPA Requests 111 Sutter Street, 7th Floor San Francisco, CA, 94104 Please note that you may also designate an authorized agent to make a request on your behalf. In order for us to process a request from your authorized agent, we must (i) confirm that the agent is a natural person or business entity registered with the Secretary of State that you have authorized to act on your behalf, (ii) receive from you a copy of the written authorization that provides the authorized agent to act on your behalf, and (iii) verify your identity by asking you to provide us sufficient information in order to do so. Your Right to Know You have a right to know what personal information we use, disclose, or sell. We provide that information here in our CCPA policy as well as in our privacy policy. Access and Data Portability Rights You have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information: Categories of and specific pieces of personal information we have collected about you. Categories of sources from which we collect personal information. Purposes for collecting, using, or selling personal information. Categories of third parties with which we share personal information. Categories of personal information disclosed about you for a business purpose. If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold. Deletion Rights You have the right to request that we delete Personal Information about you that we have collected, subject to certain exceptions. You may also access, edit, or delete certain of your Personal Information through your account settings. Please review our Privacy Policy, in the section titled “What Personal Information can I access?,” for more details. The Right to Opt Out You have the right to opt out of the sale of your personal information. Were we ever to sell personal information, we would provide information on our opt out process here. Non-Discrimination Rights You have the right not to receive discriminatory treatment for the exercise of your rights under the CCPA. Personal Data Collected The list below describes the category of Personal Information we collect by reference to the categories specified by the CCPA: Category: Identifiers We collect: Your name, IP address, email address and Twitter handle Source(s): You; automatic collection (IP address only); Substack writers who migrate subscribers to our platform (email address only) Category: Customer Record Information We collect: Your name, your email address, your user bio, your subscriptions and unsubscriptions, your settings and preferences with our service, reactions you submit to posts and comments (“likes”), user comments, user photos, user profile information, public Twitter profile information, and publication and authorship information, your search history on the Website. For Publishers, we may also collect information on city or country of residence and mailing address. Source(s): You; Twitter (with your permission). We may collect Publisher city or country of residence information from information Publishers have made publicly available online. Category: Commercial information We collect: Records of products/services purchased by you on the Website Source(s): You Category: Internet or other network activity We collect: Browsing history, search history, and interaction data on your use of our Website and from links in Substack emails Source(s): You; automatic collection Category: Geolocation data We collect: Your IP address Category: You; Automatic collection (see our Privacy Policy for more information on tracking technologies we use for automatic data collection) Category: Sensory Data We collect: User photos, Twitter profile photo Category: You, Twitter (with your permission) Please see our Privacy Policy for more information on tracking technologies we use for automatic data collection. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing notice. Use of Personal Information In the last 12 months, we have used or disclosed certain Personal Information we collected for the following business purposes: Business Purpose: To provide, support, and develop our website, products, and services Categories of Personal Information: Identifiers, Customer Record Information, Sensory Data, Internet or other network activity Business Purpose: To create, maintain, customize, and secure your account with us Categories of Personal Information: Identifiers, Customer Record Information Business Purpose: To process your requests, purchases, transactions, and payments and prevent transactional fraud Categories of Personal Information: Commercial Information Business Purpose: To directly respond to your requests or inquiries, including to investigate and address your concerns and monitor and improve our responses, or to otherwise meet the reason for which you provided the information. Categories of Personal Information: Identifiers, Customer Record Information, Commercial Information, Sensory Data, Internet or other network activity Business Purpose: To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business Categories of Personal Information: Identifiers We may further disclose each category of Personal Information to our affiliates, to our professional advisors, in connection with our compliance and protection activities and in connection with business transfers as described in our Privacy Policy. Changes to this CCPA Policy We reserve the right to amend this CCPA Policy at our discretion and at any time. When we make changes to this CCPA Policy, we will post the updated notice on the Website and update the CCPA Policy effective date at the top of the page. By accessing or using the Website and/or the Services, you acknowledge that you have read this CCPA Policy and, to the extent it applies to you, that you agree to the practices described in this CCPA Policy. Contact Us You may contact us by emailing us at privacy@substackinc.com. OpenAI Terms of Use Thank you for using OpenAI! These Terms of Use apply when you use the products and services of OpenAI, L.L.C. or our affiliates, including our application programming interface, software, tools, developer services, data, documentation, and website (“Services”). The Terms include our Service Terms, Sharing & Publication Policy, Usage Policies, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information. 1. Registration and Access You must be 18 years or older and able to form a binding contract with OpenAI to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials. 2. Usage Requirements (a) Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services. (b) Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you. (c) Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use the Services to develop foundation models or other large scale models that compete with OpenAI; (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API; (v) represent that output from the Services was human-generated when it is not; or (vii) buy, sell, or transfer API keys without our prior consent. You will comply with any rate limits and other requirements in our documentation. You may use Services only in geographies currently supported by OpenAI. (d) Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products. 3. Content (a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input, and subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output. OpenAI may use Content as necessary to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms. (b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for OpenAI or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content. (c) Use of Content to Improve Services. One of the main benefits of machine learning models is that they can be improved over time. To help OpenAI provide and maintain the Services, you agree and instruct that we may use Content to develop and improve the Services. You can read more here about how Content may be used to improve model performance. We understand that in some cases you may not want your Content used to improve Services. You can opt out of having Content used for improvement by contacting support@openai.com with your organization ID. Please note that in some cases this may limit the ability of our Services to better address your specific use case. (d) Copyright Complaints. If you believe that your intellectual property rights have been infringed, please send notice to the address below. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers. OpenAI, L.L.C. 3180 18th St San Francisco, CA 94110 Attn: General Counsel / Copyright Agent dmcanotice@openai.com Written claims concerning copyright infringement must include the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 4. Fees and Payments (a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize OpenAI and its affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement. (b) Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. OpenAI uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date. (c) Price Changes. We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or increases made to Beta Services (as defined in our Service Terms), which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes. (d) Disputes and Late Payments. If you want to dispute any Fees or Taxes, please contact ar@openai.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 1.5% of the unpaid balance per month. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. (e) Free Tier. You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the free tier in good faith, we may charge you standard fees or stop providing access to the Services. 5. Confidentiality, Security and Data Protection (a) Confidentiality. You may be given access to Confidential Information of OpenAI, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that OpenAI or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to OpenAI and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible. (b) Security. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact OpenAI and provide details of the vulnerability or breach. (c) Processing of Personal Data. If your use of the Services involves processing of personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you are governed by the GDPR or CCPA and will be using OpenAI for the processing of “personal data” as defined in the GDPR or “Personal Information,” please contact support@openai.com to execute our Data Processing Addendum. 6. Term and Termination (a) Termination. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate these Terms for any reason by providing you at least 30 days’ advance notice. We may terminate these Terms immediately upon notice to you if you materially breach Sections 2 (Usage Requirements), 5 (Confidentiality, Security and Data Protection), 8 (Dispute Resolution) or 9 (General Terms), if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. (b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-8. 7. Indemnification; Disclaimer of Warranties; Limitations on Liability (a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law. (b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. (c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8. Dispute Resolution YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS: (a) MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by emailing arbitration-opt-out@openai.com within 30 days of agreeing to these arbitration terms or the relevant changes. (b) Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against OpenAI, you agree to try to resolve the dispute informally by sending us notice at legal@openai.com of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. (c) Arbitration Forum. Either party may commence binding arbitration through ADR Services, an alternative dispute resolution provider. The parties will pay equal shares of the arbitration fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, OpenAI will pay them for you. OpenAI will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. (d) Arbitration Procedures. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in San Francisco, California or at another mutually agreed location. The arbitration will be conducted by a sole arbitrator by ADR Services under its then-prevailing rules. All issues are for the arbitrator to decide, including but not limited to issues relating to the scope, enforceability, and arbitrability of this Section. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. (e). Exceptions. This arbitration clause does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement. (f) NO CLASS ACTIONS. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims. (g) Severability. If any part of this Section 8 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this Section 8 will be unenforceable in its entirety. Nothing in this Section will be deemed to waive or otherwise limit the right to seek public injunctive relief or any other non-waivable right, pending a ruling on the substance of such claim from the arbitrator. 9. General Terms (a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and OpenAI or any of OpenAI’s affiliates. OpenAI and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent. (b) Use of Brands. You may not use OpenAI’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent. (c) U.S. Federal Agency Entities. The Services were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto. (d) Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization. (e) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change. (f) Notices. All notices will be in writing. We may notify you using the registration information you provided or the email address associated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. OpenAI accepts service of process at this address: OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110, Attn: support@openai.com. (g) Waiver and Severability. If you do not comply with these Terms, and OpenAI does not take action right away, this does not mean OpenAI is giving up any of our rights. Except as provided in Section 8, if any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms. (h) Export Controls. The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Person’s List or Entity List, or any other restricted party lists. You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly. (i) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to OpenAI and its affiliates, and OpenAI shall have the right to seek injunctive relief against you in addition to any other legal remedies. (j) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and OpenAI regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and OpenAI on that subject. (k) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the State of California, excluding California’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA. DALL-E Terms of Use Updated July 20, 2022 Thank you for your interest in DALL·E. Access to DALL·E is subject to OpenAI’s Terms of Use and the additional terms below. By using DALL·E, you agree to these terms. Use of DALL·E. DALL·E can generate images (“Generations”) based on text input you provide (“Prompts”). You may also upload images to DALL·E (“Uploads”) and create Generations with Uploads. Use of Images. Subject to your compliance with these terms and our Content Policy, you may use Generations for any legal purpose, including for commercial use. This means you may sell your rights to the Generations you create, incorporate them into works such as books, websites, and presentations, and otherwise commercialize them. Buying Credits. You may buy credits to create additional Generations, subject to the payment terms in our Terms of Use. Credits must be used within one year of purchase or they will expire. We may change our prices at any time by updating our pricing page. No Infringing or Harmful Use. You must comply with our Content Policy, and you may not use DALL·E in a way that may harm a person or infringe their rights. For example, you may not submit Uploads for which you don’t have the necessary rights, images of people without their consent, or Prompts intended to generate harmful or illegal images. We may delete Prompts and Uploads, or suspend or ban your account for any violations. You may not seek to reverse engineer DALL·E, use DALL·E to attempt to build a competitive product or service, or otherwise infringe our rights. You will indemnify us for your use of DALL·E as outlined in our Terms of Use. Improving AI safety and technologies.You grant us all rights to use your Prompts and Uploads to improve our AI safety efforts, and to develop and improve our AI technologies, products, and services. As part of this, Prompts and Uploads may be shared with and manually reviewed by a person (for example, if a Generation is flagged as sensitive), including by third party contractors located around the world. You should not provide any Prompts or Uploads that are sensitive or that you do not want others to view, including Prompts or Uploads that include personal data. You can request deletion of Uploads by contacting support@openai.com. Ownership of Generations. To the extent allowed by law and as between you and OpenAI, you own your Prompts and Uploads, and you agree that OpenAI owns all Generations (including Generations with Uploads but not the Uploads themselves), and you hereby make any necessary assignments for this. OpenAI grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, or assert any copyright in such Generations against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use Generations, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical Generations may be created by other people using their own Prompts, and your rights are only to the specific Generation that you have created. No Guarantees. We plan to continue to develop and improve DALL·E, but we make no guarantees or promises about how DALL·E operates or that it will function as intended, and your use of DALL·E is at your own risk. Contact support@openai.com with any questions about your account, or dalle-policy@openai.com with general questions or feedback about use of the technology. Annytab.com Cookies Policy We value your privacy We and our store and/or access information on a device, such as cookies and process personal data, such as unique identifiers and standard information sent by a device for personalised ads and content, ad and content measurement, and audience insights, as well as to develop and improve products. With your permission we and our partners may use precise geolocation data and identification through device scanning. You may click to consent to our and our partners’ processing as described above. Alternatively you may access more detailed information and change your preferences before consenting or to refuse consenting. Please note that some processing of your personal data may not require your consent, but you have a right to object to such processing. Your preferences will apply to this website only. You can change your preferences at any time by returning to this site or visit our privacy policy. Zwift Terms of Service Last Updated: October 2, 2022 Zwift is a community-driven company. We love our community and want to operate in harmony with our members and fans who are excited about our brand and what we do. We always want to be responsive to the needs and concerns of our community. We put these terms of service together because our business and platform present potential legal issues and situations for us and members of our community. Please understand that these terms are intended only to be ground rules, that we welcome and encourage you to find new ways to be passionate about Zwift and that we are excited to continue working together to get more people, more active, more often. These Terms of Service (“Terms”) apply to your access to and use of the online services provided by Zwift, Inc. (“Zwift” or “we”), including the online services we make available via our websites and mobile applications and our online stores (collectively, the “Platform”). Please note that Section 18 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. We also want to highlight that Section 7 contains terms for auto-renewing membership payments and free trials (including how to cancel) and Section 14 contains disclaimers with respect to the Platform and an acknowledgment of understanding risks in using our Platform. If you have any questions about these Terms or our Platform, please contact us at nicelawyers@zwift.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy at zwift.com/privacy. 1. EULA Your installation or use of any downloadable software provided by Zwift, including mobile apps or PC- or Mac-based software, is subject to our end user license agreement (“EULA”) available here, and you agree to be bound by the EULA in connection with your use of that software. 2. ELIGIBILITY If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user. Users under 16 (and their parents or legal guardians) must satisfy any consent mechanism required via the Platform. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time. You may only establish an account on our Platform on behalf of a legal entity or organization with our prior written authorization. If you use our Platform on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us. 3. USER ACCOUNTS AND ACCOUNT SECURITY If you register for an account to use our Platform, you must provide accurate account information (except that pseudonyms are permitted for usernames) and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of those users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. 4. USER CONTENT Our Platform may allow you and other users to create, post, store and share content, including messages, text, photos, audio, videos, software and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Zwift. You grant Zwift a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. For clarity, this means we reserve the right to use things like your name, avatar and in-game performance in various materials, including advertising and promotional content and third-party platforms. When you post or otherwise share User Content on or through our Platform, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. You also agree that you may be eligible to receive promotional items, labels, in-game content or other rewards as a result of your participation in the Platform or events (such as races) within the Platform. Participation in some of those events may result in your entry in sweepstakes, raffles, or other random or automatic selections for promotional items. At your election, you may decline to receive any such items or rewards. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. 5. PROHIBITED CONDUCT AND CONTENT You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user’s account without authorization from that user and Zwift; Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity; Sell, resell or otherwise commercially use our Platform by (i) displaying the Platform in a commercial setting (like a cyber cafe, gaming center or other commercial establishment) (which is encouraged with the right display and synergies and with Zwift’s prior written authorization), (ii) selling, licensing or renting any items you purchase via the Platform (including in-game virtual items or physical products) or access to your account to any third party; (iii) performing activities on the Platform for others for compensation; or (iv) using the Platform for any “esports” or group competition sponsored, promoted or facilitated by any commercial or non-profit entity (which may also be encouraged depending on the circumstances and with Zwift’s prior written authorization); Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors. In spite of the foregoing, you are welcome to capture or stream videos of you and other users (if you have their consent) participating in Zwift races or events, and to share those videos through video sharing services like Twitch, YouTube and other similar services, subject to the following limitations: (i) you may not do so in such a way that is: (1) inaccessible to the general public behind a paywall, (2) subject to viewing only with a subscription separate and apart from Zwift or (3) that requires the purchase by a third party of tickets or other redeemable vouchers, either in person or online; and (ii) you may not create, host, promote, participate in, sponsor, engage other sponsors in, or otherwise encourage competitions between Zwift racers (e.g., eSports) that use the Platform for any commercial purpose. Zwift may allow some individuals to engage in these activities upon request made to Zwift and following our prior written authorization or in conformity with other written guidelines provided by Zwift or through a separate agreement with Zwift; Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform; Use our Platform other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner; Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform; Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information about a character or an environment without Zwift’s prior authorization; Bypass or ignore instructions contained in our robots.txt file; or Develop or use any applications that interact with our Platform without our prior written authorization, including any cheats, mods or matchmaking services or applications that emulate or redirect the communication protocols used by Zwift in any way, including for unauthorized play over the Internet, network play, or as part of content aggregation networks; Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes; Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You may not create, post, store or share any User Content that: Is confidential or that you do not have all necessary rights to disclose; Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; Impersonates, or misrepresents your affiliation with, any person or entity; Contains any unsolicited promotions, political campaigning, advertising or solicitations; Contains any private or personal information of a third party without such third party’s consent; Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose Zwift or others to any harm or liability of any type. Enforcement of this Section 5 (which includes the right to work with local or international authorities and other service providers by providing information necessary for investigatory purposes or in adherence with court-ordered legal action) is solely at Zwift’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section. 6. VIRTUAL ITEMS Zwift may offer different types of digital content, credits, coins or other virtual items for which you may earn or otherwise receive a limited license to use via the Platform (“Virtual Items”). You understand that while you may “earn” Virtual Items, you do not legally “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Any “virtual currency” balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. Third-Party Purchases or Sales. Zwift does not authorize, and expressly prohibits, the purchase of Virtual Items from third parties. You will not sell or purchase Virtual Items to or from other parties and will not make any offer related to a sale or purchase of Virtual Items. Redemption. Virtual Items may be redeemed solely by Zwift for goods or services made available through our Platform. You may redeem Virtual Items only by the method and within the scope described via the Platform. Restrictions. Virtual Items are non-returnable and non-refundable. Virtual Items cannot be resold, transferred for value, redeemed for cash or applied to any other account. We may limit the number of Virtual Items you can earn or use within certain periods of time or implement other restrictions on the receipt or use of Virtual Items. We may further restrict your ability to redeem your Virtual Items based on your place of residence. Other limits. All Virtual Items may be unconditionally forfeited if your account is terminated or suspended for any reason or becomes inactive, as determined in Zwift’s sole discretion, or if Zwift discontinues the Platform or any portion or feature of the Platform. You acknowledge that you will not receive money or other compensation for unused Virtual Items when an account is closed. 7. TERMS OF SALE Product Availability. All tangible products offered for sale via the Platform are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. You may only purchase products through the Platform for personal use and not for resale or commercial use (unless you have otherwise obtained our prior written authorization). Memberships. If you purchase a membership to use the Platform, you acknowledge that your membership will auto renew until you cancel your membership or we terminate it. The membership period (or an indication that the membership will continue until cancelled) and the cost of the membership (during and after any initial promotional period) are disclosed prior to purchase. If you purchase a membership via our Platform, we automatically bill your payment method each month on the calendar day corresponding to the start of the paying portion of your membership (or on the last day of the month if such month does not have a sufficient number of days to include your membership start date (for example, if your membership started on March 31, the billing date in April will be April 30)). You may cancel your Zwift membership at any time, and you will continue to have access through the end of your membership period (or free trial period, if applicable). You will not have the right to receive any pro-rated refunds if you cancel your membership period early. If you purchased via our Platform, you can cancel by logging into your account at www.zwift.com, clicking on the 'billing' link under 'settings' and following the instructions. You must cancel your membership at least 24 hours before the end of each billing cycle in order to avoid being billed for the next month's membership. Memberships Purchased from Third-Party Platforms. If you started a Zwift membership by purchasing through a third-party platform (like Apple’s App Store), you will need to cancel through the tools made available by that third party, which may include visiting your account and turning off auto-renewing payments for your Zwift membership. If you purchase a membership through a third-party platform, the purchase is subject to those platforms’ payment terms and conditions. Zwift does not control how you can pay for or cancel memberships through those platforms. Free Trials. Your membership may start with a free trial. Zwift reserves the right, in its sole discretion, to determine your free trial eligibility. Our Platform will indicate whether or not the free trial will automatically convert to a paid membership upon expiration of the trial period. If so, unless you cancel your membership prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your membership upon expiration of the free trial period until you cancel or we terminate your membership. Pausing Membership. The terms of this subsection apply if we offer you the ability to pause your membership through your account. If you pause your membership, you must select when your membership will resume. If you do not cancel your membership before your selected resume date, your membership will resume automatically on the selected resume date. You may also be able to manually resume your membership through your account before your previously selected resume date. Your payment method will be charged on the date the membership resumes (which will be the pre-selected date or the date you manually resume the membership), and your new renewal billing date will correspond to that date. See further details above on how renewal dates operate for subsequent months. Pricing. Prices for products or services are subject to change at any time, but changes will not affect any order for products or services you have already placed except that for auto-renewing memberships price changes will take effect when indicated in our email notice to you. Taxes. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase through our Platform. Orders placed outside the U.S. may incur Taxes as determined by the customs agency within the destination country. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes. Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Platform. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. For memberships, you may edit your payment method information or see your payment history by logging into your dashboard at www.zwift.com and clicking on the 'billing' tab under 'settings'. If you started a membership using your account with a third party (like Apple’s App Store) then you will need to edit your payment method through your account with that third party. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts. Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Platform, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier. Returns. Our Returns Policy details how and when you can return any physical products you have purchased on the Platform and is incorporated into these Terms by reference. We have set out Our Returns Policy on a separate page to ensure that all necessary information is presented in a clear and accessible form – however, the contents of our Returns Policy do not affect any rights you may have under applicable law. Products Vary from Their Pictures. We strive to use the product listings on the Platform to give you the information you need to about the Products. Although we try to make sure they are as faithful as possible to the real thing, any images shown in the product listings are for illustrative purposes only – given the digital method of presentation, it is possible that your perception may not exactly match the relevant product itself. Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged). Limited Warranties. Certain of the Zwift Products sold via our Platform may be subject to a limited warranty provided by Zwift. If your Zwift Product is subject to a limited warranty, the limited warranty for your Zwift Product will be made available to you online and will outline your exclusive remedies and the procedures you need to take to make a warranty claim. If your Zwift Product is sold without a limited warranty, then it is sold “as is” and “with all faults.” That means that you bear the entire risk as to the quality and performance of the Zwift Product, and if the Zwift Product has a defect, then you assume the entire cost of any necessary repair or replacement. Regardless, please do contact us at support@zwift.com if you have a question or concern about any of the products you purchase via our Platform. Remedies for Third-Party Products. Many of the products sold via the Platform are manufactured by or for other companies. The manufacturer may offer its own warranty, but unless otherwise stated on the product page, we do not offer a warranty on those products. That means they are sold by us “as is” and “with all faults.” If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging. For any product sold via the Platform other than a Zwift Product, you agree that your remedy is solely with the product manufacturer and not Zwift. No Refunds. Except to the extent refunds are required by law or as stated in our Return Policy for products purchased via our Platform, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases. 8. OWNERSHIP; LIMITED LICENSE The Platform and all content contained therein, including the text, graphics, images, photographs, videos, illustrations, themes, objects, characters (including names), stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, and audio-visual effects, are owned by Zwift or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Platform for your own personal, noncommercial use (unless otherwise pre-approved in writing by Zwift for commercial use). Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights. 9. TRADEMARKS “Zwift” and our logos, our product or service names, our slogans and the look and feel of the Platform are trademarks of Zwift and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us. 10. FEEDBACK You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Zwift or our Platform (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Zwift’s sole discretion. You understand that Zwift may treat Feedback as nonconfidential. 11. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify Zwift’s designated agent as follows:   Designated Agent Name: Justin Chi Address: Zwift, Inc., 111 West Ocean Blvd., Suite 1800, Long Beach, CA 90802 Phone: 562-583-2115 Email: legal@zwift.com   Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Platform is infringing, you may be liable to Zwift for certain costs and damages. 12. THIRD-PARTY CONTENT We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Platform (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party providing it. Zwift does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. 13. INDEMNIFICATION To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Zwift and its affiliates, and each of our and their respective officers, directors, agents, partners and employees (individually and collectively, the “Zwift Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Platform or any items you purchase via the Platform; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Platform. You agree to promptly notify Zwift Parties of any third-party Claims, cooperate with Zwift Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Zwift Parties will have control of the defense or settlement, at Zwift's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and Zwift or the other Zwift Parties. 14. DISCLAIMERS; ASSUMPTION OF RISK Your use of our Platform is at your sole risk. Except as otherwise provided in a writing by us, our Platform and any content or items sold therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Zwift does not represent or warrant that our Platform is accurate, complete, reliable, current or error-free. While Zwift attempts to make your use of our Platform safe, we cannot and do not represent or warrant that our Platform or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform. You understand that the Platform and certain of the products sold on the Platform are intended to be used in connection with athletic and fitness activities (including cycling, running and other sports). You expressly acknowledge that engaging in athletic or fitness activities as part of the Platform or the products you purchase carries certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of Zwift or by the action, inaction or negligence of others. You also expressly agree that Zwift does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the Platform (whether or not with Zwift’s permission). Please consult your physician before using the Platform or products purchased via the Platform in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Platform or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Platform or your products. 15. LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, Zwift and the other Zwift Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Zwift or the other Zwift Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The total liability of Zwift and the other Zwift Parties for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Platform the 12 months preceding the claim. The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Zwift or the other Zwift Parties or for personal injury, death or property damage to the extent caused by our negligence or a defect in the Platform or products purchased through the Platform (except to the extent such injury or damage is caused by your or any third party’s negligence or violation of these Terms), or for any other matters in which liability cannot be excluded or limited under applicable law. 16. RELEASE To the fullest extent permitted by applicable law, you release Zwift and the other Zwift Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 17. TRANSFER AND PROCESSING DATA In order for us to provide our Platform, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. 18. DISPUTE RESOLUTION; BINDING ARBITRATION Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Zwift and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial. No Representative Actions. You and Zwift agree that any dispute arising out of or related to these Terms or our Platform is personal to you and Zwift and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Arbitration of Disputes. Except for small claims disputes in which you or Zwift seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Zwift seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Zwift waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Platform (collectively, “Disputes”), including claims related to privacy and data security, resolved in court. Instead, for any Dispute that you have against Zwift, you agree to first contact Zwift and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Zwift by email at legal@zwift.com or by certified mail addressed to Zwift, Inc., ATTN: Legal Department, 111 West Ocean Blvd., Suite 1800, Long Beach, CA 90802. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Zwift cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Los Angeles, California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 18, a “consumer” means a person using the Platform for personal, family or household purposes. You and Zwift agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and Zwift agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Zwift, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. You and Zwift agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Zwift will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Zwift will pay all JAMS fees and costs. You and Zwift agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Zwift will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing legal@zwift.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable. 19. GOVERNING LAW AND VENUE Any dispute arising from these Terms and your use of the Platform will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles, California. 20. MODIFYING AND TERMINATING OUR PLATFORM We reserve the right to modify our Platform or to suspend or stop providing all or portions of our Platform at any time. You also have the right to stop using our Platform at any time. We are not responsible for any loss or harm related to your inability to access or use our Platform. 21. MODIFYING THESE TERMS We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Platform or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platform. Unless material changes are made to the arbitration provision under Section 18, you agree that modification of these Terms does not create a new right to opt out of arbitration. 22. MISCELLANEOUS The failure of Zwift to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Zwift will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond its reasonable control. You agree that communications and transactions between us may be conducted electronically. We may supply different or additional terms in relation to some features of our Platform, and those different or additional terms become part of your agreement with us if you use those features. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a complaint regarding the Platform that you think we have not adequately resolved, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. Nature Cookie Policy The website uses cookies. You can deactivate or block cookies either by changing the settings within our Privacy Preference Centre or within your Browser. Please note that if you deactivate cookie groups from the Privacy Preference Centre and save your changes, then those groups will only be deactivated the next time you visit the site, or by refreshing the page. Additionally you can then remove the cookies from your machine using the methods described below. About cookies Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server.  Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website. Cookies may be either "persistent" cookies or "session" cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.  Cookies on the website We use both session cookies and persistent cookies on the website.  How we use cookies Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. The cookies used on the website include those which are strictly necessary cookies for access and navigation, cookies that track usage (performance cookies), remember your choices (functionality cookies), and cookies that provide you with targeted content or advertising. We may use the information we obtain from your use of our cookies for the following purposes: to recognise your computer when you visit the website to track you as you navigate the website, and to enable the use of any e-commerce facilities to improve the website's usability to analyse the use of the website in the administration of the website to personalise the website for you, including targeting advertisements which may be of particular interest to you. For more information on managing advertising personalisation through your Google account please visit this page. Third party cookies When you use the website, you may also be sent third party cookies.  Our advertisers and service providers may send you cookies. They may use the information they obtain from your use of their cookies: to track your browser across multiple websites to build a profile of your web surfing to target advertisements which may be of particular interest to you.  In addition to the information we provide in this Cookie Policy, you can find out more information about your online choices at http://www.youronlinechoices.com/uk/opt-out-help Blocking cookies You can block cookies by group using our Privacy Preference Centre. In addition to this most browsers allow you to refuse to accept cookies. For example:  in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector; in Firefox you can block all cookies by clicking "Tools", "Options", and un-checking "Accept cookies from sites" in the "Privacy" box. in Google Chrome you can adjust your cookie permissions by clicking "Options", "Under the hood", Content Settings in the "Privacy" section. Click on the Cookies tab in the Content Settings. in Safari you can block cookies by clicking “Preferences”, selecting the “Privacy” tab and “Block cookies”. Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use certain features on the website (log on, access content, use search functions). 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Privacy Preference Centre The Privacy Preference Centre can be accessed either via the banner displayed when you first visit the site, or the “Manage Cookies” link in the footer of this page. It allows you to view the groups of cookies we store (as outlined above in How We Use Cookies), and manage whether the cookies for those groups are active. Contact us Our contact details can be found on the Contact Us page Economist Group Cookies Policy Main Content The Economist Group's Cookie Policy The Economist Group operates a strict Privacy Policy around the world. We are committed to being transparent about how we use Cookies on The Economist Group’s sites and the technologies that underpin their collection and usage. Why Cookies are important Cookies help make your online experience more efficient and relevant to your interests. 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These pixels or tags can be used to retrieve information such as your device type or operating system, IP address, time of visit, etc. (Please see our Privacy Policy for more details on the types of information that may be collected.) They are sometimes used to create or access the Cookies on your browser, but are not Cookies themselves. Only Cookies which you can control will appear in the Cookie consent tool. What types of Cookies does The Economist Group use and why? Cookies are grouped into the following categories: Essential - these are Cookies that are required for the regular operation of our websites. For example, some Cookies allow us to ensure that people can access the subscription pages in the correct region and language for them, access the log-in pages, or carry out fraud detection and security checks (along with other similar things). These are essential for the website to work properly. 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Establishing a particular audience demographic allows us to target advertising based on browsing behaviour stored in a Cookie. These sources are validated by the third party, not by us. Below you'll find information and a link to our Cookie consent tool to help you manage your Cookie preferences. Google Analytics We use Google Analytics to understand the traffic to our sites. You can see how Google Analytics (one of our analytics tools) uses Cookie information when you use our partners' sites by visiting www.google.com/policies/privacy/partners, or any other URL Google may provide from Time-to-time. How can I delete or opt-out of Cookies? You can opt out of Cookies at any time by using our Cookie consent tool. This tool includes additional detail on the types of Cookies used, what information is being collected and for what purpose. It also includes links to the Privacy Policies for each individual Cookie, giving you the option to allow or block as you choose. 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You can still browse our sites with Cookies disabled, although some functions may not work. For example if you choose not to allow Cookies when you first visit our websites and/or subsequently opt out of Cookies, then because of the fact we’re unable to recognise you when you come back to the site, you’ll be asked again to set your Cookie preferences. How long will Cookies last for? We limit the lifetime of our Cookies to a maximum of 13 months as required by law and so you will be asked about your Cookie preferences again no later than 13 months since the last time we asked you. If you do allow Cookies, then you consent to the use of Cookies as described in this policy. If I disable Cookies will I still see advertisements? Yes, but these will no longer be specific to you, your personal interests or browsing behaviours. You can consent to some or all Cookies at any time (even if you have previously said no to Cookies) by going to our Cookie consent tool. How do I manage my Cookie preferences? You can manage your Cookie preferences and consent to some or all Cookies at any time (even if you have previously said no) by going to our Cookie consent tool. Changes to this Policy From Time-to-time, we may make changes to the Privacy Policy and this Cookie policy. This may be in relation to changes in the law, best practice or changes in our services. These changes will be reflected in this statement, so you should check here from time to time. Last update: 5th October 2020 OpioidCalculator.com.au Terms and Conditions 1.1 Faculty of Pain Medicine of the Australian and New Zealand College of Anaesthetists Policy for use of OPIOID CALCULATOR Application This opioid dose equivalence mobile phone Application (App) is intended to assist the comparison of different opioid regimens in individual patients or in patient cohorts. It is not, and is not intended to replace, medical advice for any particular patient or circumstance. Caution is required if opioid dose equivalence tables are used to guide opioid prescribing, as the administration of a calculated 'equivalent' dose of the replacement opioid may lead to over–dosage. It should be noted that there is considerable variability in pharmacokinetics and pharmacodynamics of different opioids, within and between individual patients. In addition interactions with non–opioid drugs can strongly influence opioid pharmacokinetics. Modified-release formulations can be sub–classified as delayed– or extended– release. Extended release of a drug can be achieved using sustained– or controlled–release delivery systems. When the opioid regimen includes modified– and immediate–release preparations, both should be included in calculation of the oral morphine equivalent daily dose (oMEDD). Methadone, fentanyl lozenges and neuraxial opioids are not included in this App due to their complex and variable pharmacokinetics. The calculation factors listed are derived from pooled data in the peer-reviewed literature and pharmaceutical company product information. Any advice or treatment for any particular patient remains the responsibility of the practitioner. Each case is different, and practitioners need to make their own judgment and consider the individual circumstances in each case. 1.2 Terms and Conditions Welcome to OPIOID CALCULATOR, an iOS/Android application (the Application). These are the Terms and Conditions for use of the Application. These Terms and Conditions apply whenever you access or use the Application. By installing, accessing or using the Application you will be deemed to accept these Terms and Conditions. If you do not wish to accept these Terms and Conditions, you must not install or use the Application. Use of the Application Faculty of Pain Medicine of the Australian and New Zealand College of Anaesthetists (ABN 82 055 042 852) (referred to as “FPM”) is the owner of the Application and FPM is solely responsible under these Terms and Conditions for the Application and its content. Users of the Application (you) agree to be bound by these Terms and Conditions, which may be updated from time to time. By downloading, accessing or using the Application, you agree to be bound by these Terms and Conditions, as they exist at that time. These Terms and Conditions apply between you and FPM only, and not between you and Apple or any of its subsidiaries, or between you and any of FPM‘s affiliates. FPM may at any time (without prejudice to its other rights or remedies) immediately terminate the Application licence granted to you in the event that you fail to comply with these Terms and Conditions. From time to time, FPM may update the Application and to continue using the Application, you may need to download and install the new version. By doing so you agree to be bound by these Terms and Conditions, as they exist at that time. This application may only be used by authorised health care professionals that are residents of Australia and for educational purposes. Intellectual Property All intellectual property rights relating to the Application are owned by FPM or its affiliates or licensors. You acquire no rights or licences in or to the Application other than the limited right to use the Application in accordance with these Terms and Conditions. All rights not expressly granted under these Terms and Conditions are reserved by FPM. You must not do anything with the Application that is not expressly authorised by these Terms and Conditions. Without limitation, you must not copy, distribute, modify, adapt, reverse engineer, decompile or disassemble the Application, or merge the Application with any other software. In the event of any third party claim that the Application, or your possession or use of the Application in accordance with these terms, infringes that third party’s intellectual property rights (other than by reason of content you have elected to use with the Application), FPM and not Apple or any of FPM’s affiliates will (subject to these Terms and Conditions) be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property claim and you must provide all reasonable co–operation to FPM in connection with that matter. Application licence Subject to your compliance with these Terms and Conditions, FPM grants to you a non-exclusive, non-transferable, non-sublicensable licence to download, install, access and use the Application on two authorised iOS products (the Licensed Device), solely for use by you for your educational purposes in accordance with these terms and conditions and the Usage Rules set out in the App Store Terms of Service. You must not use the Application for any commercial or business purposes. You must abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in or associated with the Application. Use of the Application on devices other than the Licensed Device requires the purchase of additional licences. You may upload or create Content using the Application. Content means data and other information or materials uploaded or created by you or on your behalf in connection with your use of the Application (but does not include the data, images, documents and other information or materials included by FPM with the Application). You warrant that you are the owner or authorised user of the Content and you must not upload, transmit or distribute Content that breaches any law or infringes any third party rights. You must comply with any applicable third party terms of use associated with the use of the Application on your authorised iOS device. Liability The information provided in the Application is intended to assist in your calculation and comparison of different opioid regimes in individual patients or in patient cohorts. It is your responsibility to prescribe appropriate treatments in accordance with your clinical judgment. The information in the Application must not be relied on or interpreted as medical or other advice in relation to your treatment of a patient and you must review the Product Information of a medication before prescribing that medication to a patient. This App has been created having regard to general circumstances, and it is the responsibility of the practitioner to have express regard to the particular circumstances of each case, and the application of this App in each case. The App is reviewed from time to time, and it is the responsibility of the practitioner to ensure that the practitioner has obtained the current version. The App has been created having regard to information available at the time of preparation, and the practitioner should therefore have regard to any information, research or material which may have been published or become available subsequently. Whilst FPM endeavours to ensure that the App is as current as possible at the time of preparation, it takes no responsibility for matters arising from changed circumstances or information or material which may have become available subsequently. To the maximum extent permitted by law, FPM and its affiliates and their respective directors, officers, employees and agents exclude all liability for any loss or damage (including, without limitation, direct, indirect, special or consequential loss or loss of profits) you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of using or accessing the Application, or any content, information, products or services available on or from the Application, including (without limitation) as a result of any treatment prescribed by you. You release all such entities and persons from all such liability. You indemnify and hold FPM and its affiliates and their respective directors, officers, employees and agents harmless from and against any action, claim, liability, loss or expense relating to or arising from your Content or your use of the Application. The Application is provided "as is". To the fullest extent permitted by law, FPM and its affiliates exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, suitability, functionality or reliability of the Application and any content or information associated with the Application. Without limitation, FPM and its affiliates do not warrant that: the Application is compatible with your hardware or software; functions of the Application (or which you access through the Application) will be uninterrupted or error free; defects will be corrected; or the Application or any server that makes it available is free of errors or viruses, worms or "Trojan horses". Without limitation to the rights and remedies you may have under the Competition and Consumer Act and to the extent permitted by law, the liability of FPM and its affiliates is limited, at its option, to the replacement, repair or resupply of the relevant goods, or the resupply or a refund of the cost of the relevant services. To the maximum extent permitted by law, Apple has no warranty obligation whatsoever with respect to the Application or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any applicable warranty. FPM alone, not Apple or any of FPM’s affiliates, is (subject to these Terms and Conditions) responsible for addressing any claims you (or a third party) may make relating to the Application or your possession and/or use of the Application, including, but not limited to: product liability claims; any claim that the Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. You acknowledge neither Apple nor FPM has any obligation to furnish you with maintenance and support services with respect to the Application or your use of the Application. General These Terms and Conditions are governed by and to be interpreted in accordance with the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts having jurisdiction there. If any of these Terms and Conditions is invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force. If FPM does not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by FPM of any right. Solely to the extent that these Terms and Conditions apply to the Application, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you with respect to the Application as a third party beneficiary. We agree that in the event any part of these terms and conditions is determined to violate local laws, rules, or regulations, we will negotiate in good faith revisions to the relevant provision or provisions that are in violation. If we are unable to agree to new or modified terms under clause 27 so as to bring these terms and conditions into compliance, either of us may terminate these terms and conditions immediately by written notice to the other party. If you have any questions, complaints or claims in relation to the Application you should contact FPM: Faculty of Pain Medicine Australian and New Zealand College of Anaesthetists 630 St Kilda Rd Melbourne Vic 3004 Australia Overleaf Cookie Policy Last Modified: 25th May 2018 We use “cookies” to collect information and improve Overleaf. A cookie is a small data file that we transfer to your device. We may use “persistent cookies” to save your registration ID and login password for future logins to Overleaf. We may use “session ID cookies” to enable certain features of Overleaf, to better understand how you interact with it and to monitor aggregate usage and web traffic routing. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of Overleaf. We also collect some information (ourselves or using third party services, including Google Analytics) using logging and cookies, such as IP address, which can sometimes be correlated with personal data. We use this information for the above purposes and to monitor and analyse use of Overleaf, for Overleaf’s technical administration, to increase its functionality and user-friendliness, and to verify users have the authorisation needed to process their requests. More information on data privacy in respect of Google Analytics is available at https://www.google.co.uk/intl/en/analytics/privacyoverview.html and details about how to opt out can be found at https://www.google.com/intl/en/policies/privacy/partners. Overleaf Terms of Service Last Modified: 1st December 2021 These terms of service (the “Terms”) govern your access to and use of the website at www.overleaf.com or www.sharelatex.com (the “Site”) and services (the “Services”) provided by Digital Science UK Limited (“we” or “our” or “Overleaf”), so please carefully read them before using the Services. By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. By accessing or otherwise using any part of the Services, including to register an account, you acknowledge your agreement to these Terms, in consideration for the mutual promises and obligations contained herein and to the exclusion (to the maximum extent permitted by applicable law) of all other terms and/or conditions which you may purport to apply, including under any purchase order or similar document, even if they do not explicitly contradict. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with us and are not barred under any applicable laws from doing so, including if you are too young to enter into a binding contract. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you (but recognising your work is important to you, please read the note below on access to your files in these circumstances). We may also remove any content from our Services at our discretion. Your Stuff & Your Privacy By using our Services, you may provide us with information, files, and folders via our products, services and otherwise (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below. We may need your permission to do things you ask us to do with your stuff, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or project previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to our affiliates and trusted third parties we work with to provide the Services, for example Google Cloud Platform, which provides our main storage space (again, only to provide the Services). To be clear, aside from the rare exceptions we identify in our Privacy Notice, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Notice. You are solely responsible for your conduct, the content of your stuff, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but you acknowledge that we have no obligation to review or monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of your stuff, user posts, or any other information you provide or may be able to access using the Services. Although we reserve the right to stop, suspend, or modify the Services at any time without prior notice to you, we recognise that your stuff is important to you, and that you may wish to retrieve your stuff from Overleaf in this event. We will make reasonable effort to contact you in such circumstances if you have registered for an account, and aim to keep your stuff available for retrieval from Overleaf in read-only form for up to 3 months beyond the time of suspension (or otherwise) of the Services. Sharing Your Stuff The Services provide features that allow you to share your stuff with others or to make it public. There are many things that may happen with your stuff once it’s been shared or made public (for example, people may copy it, modify it, re-share it). Please therefore consider carefully what you choose to share or make public and that you have all necessary rights and permissions to do so. We will not have any responsibility arising from the sharing of your stuff. Registering with us When registering to use a Service you must choose a username and password, unless you use a single sign-on (SSO) option where supported. You are responsible for all actions taken under your chosen username and password, which you will keep private and not allow anyone else to use. You must ensure that the information you provide is accurate and truthful, and to tell us promptly if it changes. You should immediately notify us of any unauthorised use of your account. You acknowledge that if you wish to protect your transmission of data or files to Overleaf, it is your responsibility to use a secure encrypted connection to communicate with the Services. Our Rights The Service is owned by or licensed to Overleaf and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other industrial and proprietary rights and laws, including international conventions and treaties (“Proprietary Rights”). In particular, you acknowledge that the Site and other parts of the Service are protected by copyright as collective works and/or compilations pursuant to U.S. copyright laws. Nothing in these Terms shall operate to transfer any Proprietary Rights in any part of the Service, to grant any rights to use the name “Overleaf” or our other trademarks or to give rise to any implied rights. You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in relation to part of the Service. Unless otherwise agreed in a Contract, the Service is provided for your own non-commercial, internal and personal use, at all times subject to these Terms. For paid subscriptions, you may also use the Service for your own internal business purposes (which, for the avoidance of doubt, would not include the right to re-sell or commercialize access). You shall not otherwise use any part of the Service without our prior and express written agreement. Your Responsibilities You must comply with all laws and regulations applicable to you and the use of the Services. Files and other content in the Services you receive or share may be protected by intellectual property rights of others. You agree to always respect the proprietary rights of others and must never copy, upload, download, or share files unless you have the rights and permissions to do so. You, not Overleaf, will be fully responsible and liable for what you copy, share, upload, download, receive or otherwise use while using the Services. If you require use of [compile] files (including font files) that are accessible within Overleaf, but owned by a third party, you must first ensure you have the permission of the owner. You are responsible for maintaining and protecting all of your stuff, and should always make sure to keep a local copy. We will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring it. Your Feedback While we appreciate it when users send us or post in our forums feedback, suggestions or other comments, please be aware that we may use, edit and disclose these without any obligation to you. You are responsible for ensuring that any comments you make do not contain any material that could be considered offensive, false, defamatory or unlawful or violates any Proprietary Rights or other rights. Acceptable Use Policy You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Overleaf Acceptable Use Policy. Links to or from the Service The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for such resources in any way, including their availability, accuracy, nor for any related content, products, or services. You accept sole responsibility for your use of any such websites or resources. If you want to link to any part of the Service, you must ask our permission first, and only do so for non-commercial purposes and in a way that is fair and legal and does not damage our reputation or take advantage of it. Order Process and Formation of a Contract If you are paying for a Service, a contract to provide that Service will only arise upon receipt of payment in cleared funds and once we have made the Service available to you. Whilst we try and ensure that all the information on the Site is accurate, errors may occur. In the unlikely event that such information, including any price and/or description of an item listed on the Site has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you. If we discover the error before a Contract is formed we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order. Prices, Payments, Tax and Refunds Prices included on the Site are illustrative only and are subject to change at any time. Amounts are stated exclusive of VAT, sales tax and similar. If you sign up for a free trial, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free Service before the end of the free-trial period. If you pay using a credit card or any digital payment method supported by Overleaf, you authorise us to charge your account for the Services using that payment method on a recurring basis, unless otherwise specified. If you choose to pay via PayPal, we use “PayPal Reference Transactions” for this purpose. If your payment details cease to be valid or you notify us to stop using a previously designated payment method and fail to designate an alternative, we may immediately suspend use and access to the Services at the end of your paid subscription. If you upgrade any Service, we will charge you the additional cost for that upgrade in respect of the remainder of your (then current) payment period and update your new payment period according to your new subscription. For certain paid-for Services, we may allow for individual licenses to be purchased in bulk. If you make such a purchase, you'll be free to allocate these "premium" licences as you see fit on a ‘named user basis’ (this will upgrade those end users' free accounts). The licenses will be valid for the 12 month period commencing on the date on which you make the purchase (the “Bulk License Period”). While you won't have any privileged access rights in respect of other end user accounts, even though you've paid for them to have premium features, they're linked on our systems - this means you can withdraw the paid-for license rights you've allocated to one account (so you might want to warn the account holder!) and transfer them to another. You may also purchase additional licenses at any time; however these will be chargeable at the then-prevailing price (pro-rated if the purchase is made part way through the Bulk License Period), which may be in excess of the original price paid. All licenses will auto-renew for additional 12 month periods (each a “Renewal Period”) on an annual basis unless cancelled by you in your accounts settings or in writing not less than thirty (30) days in advance of the date of renewal (or such shorter period as we may allow). You will be responsible for payment of any Taxes in addition to our price. If we are required to collect or pay Taxes, the Taxes will be charged to you. This includes adding VAT at the checkout / to our invoice(s) at the appropriate rate based on information you provide to us. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order. Any assessment we make, at the time of purchase, of the amount or applicability of sales or other taxes will rely on the information you have provided and you agree to reimburse us on demand for any additional costs or expenses we might incur if such information is not accurate and complete. Where we refer to "Taxes", we mean any duties, customs fees, levies or taxes (other than income tax) associated with the purchase or use of the Services, including any related penalties or interest. If you are an individual and are not happy with our Service, we will offer a full refund if you give us written notice that you wish to cancel within 30 days of payment. Otherwise, you will have no right to a refund. If you are entitled to a refund, we will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will usually be made by crediting the payment card or electronic payment account you used to purchase the Services. Termination Though we’d much rather you stay, you can stop using our Services any time. If you wish to downgrade or cancel a Service, you must do this at least one full day before the end of your payment period via your Account Settings, and the change will take effect at the end of that payment period. Unless otherwise agreed, we reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use without cause, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. We reserve the right to suspend the provision of any part of the Services, or terminate our agreement to provide Services to you for non-payment or any deliberate or material breach, which will include any breach of the Overleaf Acceptable Use Policy, fraudulent or illegal activity or misuse of the Service, or if you fail to provide us upon request with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity. This clause does not affect your statutory rights as a consumer. Use post-termination If your subscription for a paid account expires (including where payment has been made by someone else (e.g. an institution or other organization that you belong to) and that payment ends), we’ll try to make sure your stuff continues to be accessible via a “free” account, subject to compliance with the respective terms and conditions. If you’ve exceeded the limits of the free account, you will need to archive old content before being able to add more content. If you don’t want to have an account with us at all, you may close your account via your Account Settings. We may retain and use your stuff as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your stuff quickly but there might be latency in deletions from our servers, and backed-up versions might persist. In addition, we do not delete files from our servers that you have in common with other users. Overleaf is provided “AS-IS” THOUGH WE WANT TO PROVIDE A GREAT SERVICE, WE CAN’T PROMISE THAT ALL PARTS OF THE SERVICE WILL BE FREE FROM ERRORS AND BUGS OR SECURE AT ALL TIMES. AS SUCH, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AT YOUR OWN RISK, WITHOUT ANY EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM ERRORS AND NON-INFRINGEMENT. (We are not shouting — it’s just that these disclaimers are really important, so we want to highlight them.) Neither Overleaf nor its affiliates will have any responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some US states do not allow the types of disclaimers in this paragraph, so they may not apply to you. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OVERLEAF, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OVERLEAF HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) ANY LOSS OF PROFITS, REVENUE, BUSINESS OR SAVINGS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES, OR LOSS OR CORRUPTION OF DATA; OR (C) IN RESPECT OF ANY CLAIMS RELATING TO THE SERVICES, AN AMOUNT IN AGGREGATE THAT IS MORE THAN THE GREATER OF £0.01 OR THE AMOUNTS PAID BY YOU TO OVERLEAF FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. SOME US STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU. US Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. Notwithstanding any other provision in these Terms, nothing will affect or limit your statutory rights; or will exclude or limit our liability to the extent not permitted by applicable laws or regulations. You agree to fully indemnify, defend and hold Overleaf, and its affiliates, officers, employees, agents, suppliers and licensors, harmless on demand, from and against all claims, including losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you. Separate Contract and Additional Terms If you are accessing and/or otherwise using the Service pursuant to a separate agreement between the organization that you belong to or are acting for (“Contract”), your use will also be subject to the Contract, provided to the extent there is any conflict, the terms of the Contract shall prevail. For the avoidance of doubt, nothing in these Terms shall impose additional obligations on that organization. Usage restrictions and other additional terms and conditions (“Additional Terms”) may apply to certain parts of the Service and shall form part of these Terms. If we provide you with any software under an open source license, these may include the terms of those licenses. You shall comply with all Additional Terms referenced on any part of the Service you use, posted to the Site or otherwise that you are given notice of, and to the extent there is any conflict between the Additional Terms and other parts of these Terms, the Additional Terms shall prevail in respect of the relevant part of the Service. Change to these Terms We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our news or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services. US Government Users The Service is deemed to be “commercial computer software” / “commercial computer software documentation” and other commercial items including “technical data of a “commercial item”. If any U.S. Government user requires rights beyond those expressly granted in these Terms, or has other requirements not met by these Terms / the Service, it should immediately discontinue use of the Service. Miscellaneous Legal Terms These Terms, and any dispute, claim or proceedings of whatever nature arising out of, or in any way relating to, these Terms will be governed by and construed in accordance with English law, without regard to its conflict of law principles, except if you are resident (as determined by the most current information about yourself provided to Overleaf) in the United States, in which case the laws of the State of New York, shall apply. Both parties submit to the exclusive jurisdiction of the English courts, except if you are a resident in the United States in which case action may be brought in any federal or state court located in the County of New York, State of New York. Notwithstanding the foregoing, Overleaf shall have the right to bring an action in any court of proper jurisdiction for injunctive or other equitable relief. These Terms constitute the entire and exclusive agreement between you and Overleaf with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Overleaf's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. Any reference to “includes” and “including” shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words. You may not assign any of your rights in these Terms, and any such attempt is void, but Overleaf may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Overleaf and you are not legal partners or agents; instead, our relationship is that of independent contractors. Force Majeure We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control including: late, defective performance or non-performance by suppliers and private or public telecommunication, computer network failures or breakdown of equipment. If a delay is caused, we will be entitled to a reasonable extension of time for performing its obligations. If the period of delay or non-performance continues for 15 days, either party may terminate by written notice. Notices Any notice required to be given under these Terms must be in writing and may be delivered by hand or sent by registered mail or email to the other party at the contact address provided (subject in the case of any notice to be sent to Overleaf in respect of any legal proceedings, to a copy also being sent by hand or registered mail and marked for the attention of the Legal Department to its registered address) and shall be deemed to have been duly given or made, if delivered by hand, upon delivery, if sent by registered mail, on the recorded date of receipt, or if sent by e-mail when actually received by the intended recipient in readable form. Digital Science UK Limited Company Details Digital Science UK Limited (doing business as Overleaf) is a limited company registered in England and Wales under company number: 8343637 having its registered office at 3rd Floor, 207 Regent Street, London, W1B 3HH. Digital Science UK Limited was formerly known as Writelatex Limited. Overleaf Privacy Notice Last Modified: 1st December 2021 This Notice applies to the websites at www.overleaf.com or www.sharelatex.com and related services (“Overleaf”). Overleaf is operated by Digital Science UK Ltd (formerly Writelatex Ltd), with registered offices at 3rd Floor, 207 Regent Street, London, W1B 3HH (“Overleaf” or “we”). This Notice explains what personal data we collect, how we may use and manage it and the rights you may have in relation to such personal data. When we refer to “personal data” in this Notice, we mean information relating to an identified or identifiable individual that we collect and use in connection with Overleaf; not aggregate or other anonymised data or information we process on behalf of our customers. How do we collect and use personal data? We collect personal data in the following ways: information you provide to us directly online. For example, when you register to use Overleaf, complete one of our web forms or make a support request, we collect the personal data you provide, like your name, email address and other basic contact details / professional information. We will use this information to enable you to access and use Overleaf or fulfil the request you've made and to track and improve the quality of the services we provide, which may involve asking you about your experience with Overleaf. You may also provide us with additional information to access and use particular features within Overleaf, such as to populate your profile, which you may update within your account settings. More occasional examples could include where you respond to a survey, complete a support request or enter into a competition. information we collect from your use of Overleaf. When you use Overleaf, we may collect information about that usage and other technical information, such as your IP address, browser type and any referring website addresses. We may combine this automatically collected log information with other information we collect about you and use it to keep a record of our interaction and to enable us to support, personalise and improve Overleaf. We may also collect this type of information using cookies and other similar technologies — please see our cookie policy for further details. information you provide to us in person. For example, when you visit one of our exhibition booths or attend one of our events, you may provide us with your contact details. We will use this information to answer your enquiries or provide other information requested by you. information we collect from our other interactions / business dealings. For example, if you attend a webinar, contact us via social media or otherwise interact with our business, including as a representative of a current / prospective customer, supplier or partner, we may track and make a record of those interactions, which may contain personal data. If you visit one of our offices, this may be captured on CCTV and used by us for security reasons. information provided to us by other Overleaf users. We may receive personal data (for example, your email address) from other Overleaf users, for example if they have tried to share something with you or tried to refer Overleaf to you. In all the above cases, where we have a relationship with you, we may also use the personal data we collect to manage and keep a record of that relationship and other business administration purposes you’d reasonably expect and, subject always to your preferences, to provide information we think may be of interest to you. In many of the above cases, we may also use the information collected to create aggregate or other non-personal data to enable us to benchmark and improve Overleaf and for other analytical / research purposes. If you provide personal data to us about someone else (such as one of your colleagues), please ensure that you have their permission to do so and that they’re aware of the contents of this Notice. The legal basis for our use of your personal data In order to comply with European data privacy laws, we are required to set out the legal bases for our use of your personal data, which are as follows: where you have given us your explicit consent, which you can withdraw at any time. For example, we rely on your consent to fulfil specific requests you’ve made, such as to receive our blog emails, or provide information you’ve opted-in to receive; where the processing is necessary for the performance of our contract with you, or to enter into such a contract. For example, if you register to use Overleaf, we will need to use your details to set-up and administer your account; where the processing is necessary to comply with our legal obligations; or the processing is in our legitimate interests, provided these are not overridden by your individual rights. For example, we rely on our legitimate interests to retain personal data that’s associated with content you’ve made public, so that personal information, associated with that content can be preserved. We also rely on our legitimate interests to contact you when you’ve not previously given us your consent to do so, such as to tell you about things that we think might be of interest to you, to use CCTV on our premises for security reasons and to create aggregated or other non-personal data from your personal data. Who we share your personal data with We may share your personal data within our corporate group on a confidential basis for our internal administrative, billing and other business purposes. We do not generally disclose or share personal data with third parties, except where it’s necessary for legitimate business reasons, such as: to the agents, advisers and service providers that assist us in running, and that we use to administer, our business; to the subcontractors and service providers we use to provide and support Overleaf, including hosting providers such as Google, marketing service providers like MailChimp, support desk service providers like Front and billing platforms like Recurly; if you express interest in an initiative we’re involved in, to the organisers of such initiative; if required to enable the integration or use of third party resources accessed / used on Overleaf; if part of our business is sold to or integrated with another business, to our advisers and any prospective purchasers (and their advisers); in such circumstances for which you have given your consent; if necessary for the performance of the contract we have with you or in order to enforce any claims we are entitled to; if required by law or ordered by a court; if you register for a webinar or other event, to other attendees and co-organisers of that event; in the case of your Overleaf profile, subject to your preferences (which you can change at any time), or details associated with content you’ve chosen to make public, to other users of Overleaf; if someone else is paying for your account (for example, the university to which you belong) or you join a group on Overleaf, either by accepting an invitation to that group or by confirming your affiliation to that group (for example, by confirming your university email address), to administrators of that grouping (for example university staff), who may have access to information such as: your email address, profile information, and aggregate statistics on usage; in the case of personal data you share in any Overleaf community services you participate in (for example blogs, forums, and wikis), to the public. We include appropriate confidentiality and security obligations in our contracts with our service providers and only permit them to process your personal data for specified purposes and in accordance with our instructions (not for their own purposes). Security We take appropriate technical and organisational security measures to protect personal data from accidental or unlawful destruction, accidental loss and unauthorised access, destruction, misuse, modification or disclosure. Please see our security overview for details. Retention of your personal data We only keep your personal data for as long as it is necessary for the purposes for which it was collected, after which it will be destroyed, erased or anonymised. For example, if you are an Overleaf user, we will delete your account profile if you close your account, but may however retain certain limited personal data about you to record your association with content you’ve made public, and as required to comply with applicable law. International transfers In order to run our business and provide Overleaf, we may transfer personal data from the UK or the European Economic Area (EEA), including to our affiliates and service providers, many of whom are located outside of these jurisdictions. Whenever we make such transfers, we will ensure an appropriate level of protection is afforded to your personal data by implementing at least one of the following safeguards: making sure the destination country has been deemed to provide an adequate level of protection for personal data; by using model form contracts that have been officially declared to afford your personal data an appropriate protection; relying on an alternative recognised compliance standard for the lawful transfer of personal data. Please email us at privacy@overleaf.com if you would like more information about these safeguards. Marketing Depending on your preferences, we may send you marketing communications we think might be of interest to you. Some of these messages may be tailored to you, based on your interests (e.g. previous browsing activity) and any other information we may hold. If you no longer wish to receive such communications, you can click the unsubscribe button within the message or change your account settings. Note, even if you unsubscribe from marketing messages, we may still send you emails about the services you use, such as details of new functionality / changes to legal terms of use. Cookies Please see our cookie policy for information on how we collect personal data using cookies and similar technologies. Your rights European data privacy laws give rights to individuals in respect of personal data that organisations hold about them, for example: to request a copy of the personal data that we hold about them; to object to the processing of their personal data; or to request that their personal data is rectified or deleted, or its processing limited. To make any requests regarding your personal data, please email us at privacy@overleaf.com. We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we’re not able to comply with your request. Third party sites If any part of Overleaf is made available on or through third party websites or other resources, includes links to such resources, or other resources contain links to any part of Overleaf, this is done for convenience only. We recommend that you check the privacy and security policies of such resources as they are not subject to this Notice. Contact details If you would like any further information, or have any questions or concerns, regarding your personal data, as a first step, please email us at privacy@overleaf.com or write to us at Digital Science UK Limited, 3rd Floor, 207 Regent Street, London W1B 3HH, United Kingdom. If you are located within the EEA, you may also contact our EU representative: DS Digital Science GmbH, Lochnerstraße 17, Köln, 50674, Germany (marked "FAO Overleaf GDPR Representative"). You have the right to make a complaint at any time to your local supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns in the first instance. Changes to this Notice We reserve the right to modify or replace this Notice at any time by posting the revised Notice on our website. You are responsible for reviewing and becoming familiar with any such change each time you access any part of Overleaf. Open AI Content policy Updated July 20, 2022 Thank you for trying our generative AI tools! In your usage, you must adhere to our Content Policy: Do not attempt to create, upload, or share images that are not G-rated or that could cause harm. Hate: hateful symbols, negative stereotypes, comparing certain groups to animals/objects, or otherwise expressing or promoting hate based on identity. Harassment: mocking, threatening, or bullying an individual. Violence: violent acts and the suffering or humiliation of others. Self-harm: suicide, cutting, eating disorders, and other attempts at harming oneself. Sexual: nudity, sexual acts, sexual services, or content otherwise meant to arouse sexual excitement. Shocking: bodily fluids, obscene gestures, or other profane subjects that may shock or disgust. Illegal activity: drug use, theft, vandalism, and other illegal activities. Deception: major conspiracies or events related to major ongoing geopolitical events. Political: politicians, ballot-boxes, protests, or other content that may be used to influence the political process or to campaign. Public and personal health: the treatment, prevention, diagnosis, or transmission of diseases, or people experiencing health ailments. Spam: unsolicited bulk content. Disclose the role of AI. You must clearly indicate that images are AI-generated - or which portions of them are - by attributing to OpenAI when sharing, whether in public or private. You may post these images to social media. Please refer to our Sharing and Publication Policy for further details. Respect the rights of others. Do not upload images of people without their consent, including public figures. Do not upload images to which you do not hold appropriate usage rights. Do not attempt to create images of public figures (including celebrities). To prevent deepfakes, we are currently prohibiting uploads of all realistic faces, even when the face belongs to you or if you have consent. Please report any suspected violations of these rules to our Support team (support@openai.com). We will investigate and take action accordingly, up to and including terminating the violating account. Coles Wifi Terms and Conditions The Free Wi-Fi Service is powered by Coles. Before you access the Coles Free Wi-Fi Service, you must also accept, and agree to be bound by the Coles Free Wi-Fi Terms and Conditions and Privacy Policy (Privacy Policy). The Coles Free Wi-Fi is provided on the terms of use set out below. If you do not agree with these terms and conditions, you must not access the Coles Free Wi-Fi. As we may update these terms from time to time, we encourage you to review these terms each time you use the Coles Free Wi-Fi. Security and reliability The Internet is inherently an unreliable and insecure form of communication and the Coles Free Wi-Fi provides unencrypted wireless access to the internet on an ‘as is’ basis. The maximum session length is 1 hour. You will be automatically logged out of the Coles Free Wi-Fi after this time. Coles will take reasonable steps to provide reliable, secure and stable access to the Coles Free Wi-Fi. Your use of the Coles Free Wi-Fi (including any websites or network connections you access while using the Coles Free Wi-Fi) is however entirely at your risk. This means, for example, that: we will not be liable if any fault, malfunction or problem arises in connection with the Coles Free Wi-Fi including if: the Coles Free Wi-Fi becomes unsecured, unreliable or unavailable; or any damage (including infection by any viruses) occurs to your mobile device, computer or other hardware as a result of your use of the Coles Free Wi-Fi; you are solely responsible for understanding the risks of unencrypted access to the internet; you are solely responsible for the security of your system and any transmissions you make or receive including taking any necessary security precautions (for example, by encrypting confidential transmissions, backing up any data and protecting your system with a firewall and appropriate user authentication); and we do not provide IT support or advice to any Coles Free Wi-Fi users. To the extent permitted by law, we make no warranties or representations in connection with the Coles Free Wi-Fi and we will not be liable or responsible for any loss or damage you may suffer in connection with the Coles Free Wi-Fi. Privacy and information Coles will not collect any personal information about you in connection with the Wi-Fi Service. Coles may collect from Coles Free Wi-Fi Limited and/or Optus Networks Ltd anonymised information about access to, and use of, the Wi-Fi Service and your device in order to monitor compliance with these Terms and to assess the use of and to improve the Wi-Fi Service, including: average usage duration; data usage, traffic type and categories of websites visited; the time of day the Wi-Fi Service is accessed; whether your device has accessed the Wi-Fi Service previously; and your device's browser and operating system. When you use or access the Coles Free Wi-Fi Service, you consent to us, or our third party service providers, hosting, or disclosing such anonymised information to entities located in: Singapore, India, Philippines, USA, Canada, the European Union (including the UK), the Bailiwick of Jersey, Mexico, Malaysia, Japan, Israel and New Zealand. Acceptable uses The Coles Free Wi-Fi is provided to assist and enhance our customer’s shopping experience and intended to be used in a responsible and respectful manner. This means that: You must not use the Coles Free Wi-Fi in an unacceptable manner. Unacceptable use of the Coles Free Wi-Fi includes, without limitation, activities on the Coles Free Wi-Fi which: introduces any software or code which changes, damages or interferes with the operation of the Coles Free Wi-Fi or impinges on another user’s use of the Coles Free Wi-Fi including viruses, Trojans, worms, time bombs and cancelbots. creates any liability for us or may cause us to lose the services of our suppliers (including our internet service provider); breaches any law, code or standard which applies to us; is offensive, defamatory, fraudulent, threatening, intimidating, harassing, hateful, abusive, obscene, invasive of another's privacy, sexist, racist or violent; infringes or otherwise promotes or facilities the infringement of any person's intellectual property rights; involves any attempt to access any data or system which you are not authorized to access; impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as adult products and services and any other products or services we consider to be inappropriate; or anything else which Coles deems to be inappropriate. We may limit or block access to websites or content which we reasonably consider to be inappropriate. General information The Coles Free Wi-Fi is provided to assist and enhance our customer’s shopping experience and intended to be used in a responsible and respectful manner. This means that: You agree that we are not required to make the Coles Free Wi-Fi available and may revoke or limit your access to the Coles Free Wi-Fi at any time for any reason or no reason with or without notice including if you are in breach of these terms or we reasonably believe that there is a risk of loss or damage to us or a third party if we do not revoke or limit your access. We may monitor and log communications over our networks for security, performance and other purposes. Should Coles collect your personal information, this will be held in accordance with the Coles Privacy Policy available at Privacy Policy. These terms are governed by the law of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the courts of that State. If any provision is held to be illegal or otherwise unenforceable for any reason, that provision will be deemed deleted and the remaining provisions shall continue in full force and effect. In these terms, ‘we’, ‘our’ or ‘us’ means Coles Virgin Australia Bookings Privacy Policy This Privacy Statement is intended to give you an overview of the personal information Virgin Australia may collect from you in relation to your flight, holiday or experience booking, why we are collecting it and how we may handle this information. For an explanation about how Virgin Australia handles personal information more broadly, please read our Privacy Policy, available on our website. Who is collecting your personal information? Your personal information is being collected by Virgin Australia Airlines Pty Ltd (ABN 36 090 670 965). Collection of your personal information We collect your personal information when you or a third party acting on your behalf: provide your details to us in connection with your flight, holiday or experience booking; make, update or check-in for your flight, holiday or experience booking; request Special Assistance, medical clearance, or other arrangements in relation to your booking or on-board experience; and provide information in connection with a medical clearance request, safety investigation, complaint or claim. We may also collect your personal information from our third party service providers who help us deliver our booking sites to you, and process and make arrangements for your flight, holiday or experience booking. For example, Rocket Travel, Inc. powers the Virgin Australia car hire and hotel booking platforms. If a business you work for is participating in the Virgin Australia Business Flyer program or you travel on a booking that is linked to a Virgin Australia Business Flyer account, the Privacy Statement for Virgin Australia Business Flyer and Loyalty includes more detailed information about the collection and handling of personal information by Virgin Australia and Velocity as part of Virgin Australia Business Flyer and the Velocity Business Program. See our Privacy Policy for the types of personal information we collect. Collection of health and other sensitive information We may collect information about you which is considered sensitive under applicable privacy and data protection laws. This information may include: information in relation to your health if relevant to your travel with us, for example if you make a Special Assistance request or a meal request indicative of a medical condition or food intolerance, we are required to determine your fitness to fly, or where you are involved in a safety investigation, accident, complaint or claim; religious beliefs where you make a meal request indicative of a particular religion (e.g., halal or kosher); and information required for public health and safety purposes, for example to confirm you meet any COVID-19 requirements which apply to your travel. Generally, we will ask for your consent to handle your health or other sensitive information or, in certain circumstances, you will consent to our collection by providing or agreeing that someone else can provide your health or other sensitive information to us. We may also handle your health or other sensitive information on other legal grounds, including to comply with our legal obligations, to protect your interests (where you are not capable of giving your consent), where it is in the public interest and in relation to legal claims. Authority for collection of personal information We are required under the Customs Act 1901, Migration Act 1958, Civil Aviation Act 1988 and the Civil Aviation Regulations 1988 to collect your contact details, passport details (where you are travelling to or from Australia) and your travel itinerary. Why do we collect your personal information? We collect your personal information for a variety of purposes and on different legal grounds. Most of the time, we collect your personal information so that we can provide you with the services and products that you have requested and to enter into and perform our contract with you. This may include to: process and make arrangements for your flight, holiday or experience booking, managing disruptions or cancellations related to your booking and any additional products or services requested by you; operate our loyalty programs, and arrange frequent flyer program recognition and benefits in relation to your booking where, you are a frequent flyer member, or your booking is linked to a Virgin Australia Business Flyer account; verify your identity; communicate with you before and after your flight, holiday or experience, including to provide flight updates; and determine issues of passenger safety, security and other requirements, including special assistance requirements and medical fitness to fly. Some information is collected and handled for purposes that you've consented to. This may include: identifying and arranging benefits for you or a business you work for, with our airline and non-airline partners, including frequent flyer program recognition and benefits, complimentary membership and discounts, where you or a business you work for have asked us to do this; contacting you by text message, email or other digital service (such as through our applications that you install on your device such as mobile or iPad) or phone with marketing material that may interest you pre and post booking; establishing your requirements and make any Special Assistance or other arrangements for you when you are travelling with us or one of our holiday or experience providers; and/or processing your medical clearance request. At other times, we collect your personal information to carry out our functions and activities because we have a legitimate business interest in handling your information for these functions and activities. Further information about these other purposes is contained in our Privacy Policy. What would happen if we did not collect your personal information? If we cannot collect your personal information as described above, we will not be able to process your flight, holiday or experience booking, or your Special Assistance, medical clearance or other requests. In addition, we may not be able to fully investigate an incident, complaint or claim, or provide you with all or some of our other products and services. Who will we disclose your personal information to? We may disclose your personal information: to our related companies (including Velocity Frequent Flyer), our airline and non-airline partners; to travel and booking agents and third parties who provide us with (or help us provide) products and services including catering, ground handling, transport, accommodation, technology-related support services and call centre services; another person if they made the booking on your behalf, are named in your booking or if they are travelling with you as a support person; if your booking includes an ABN, is made through a business’ corporate travel agreement or a government travel agreement (or for official government purposes) with Virgin Australia, or is linked to a Virgin Australia Business Flyer account, to the relevant business / government body (or their representative); to law enforcement agencies, regulatory authorities and governments in Australia and around the world and their service providers for security, customs, immigration and public health and safety purposes; to the account holder or card holder of a credit card, travel bank or other form of payment used to pay for your booking; to any other person or organisation from whom you have asked us to obtain or to disclose health and other personal information, for example, your doctor; to third parties providing digital or other technology services (including digital assistants that utilise voice, virtual and other technology), where you have authorised the third party to receive information that we hold about you; and in the event of an emergency or other incident in which you are involved, we may disclose your personal information to government departments and agencies and other support organisations involved in the emergency/incident response, and to your family member(s) who contact us seeking information about you or the emergency/incident. We may also disclose to and/or update your booking on request from, any person who can provide the Booking Reference for your booking and confirm the full name of one or more passengers or meet other verification criteria. It is very important that you do not share your Booking Reference with another person who you do not wish to have access to your personal information or booking information. If a third party makes a booking for you (such as a family member or friend, travel or booking agent, sales agent, a business you work for or other representative as part of a corporate or group booking), they will be provided with your Booking Reference. Also, if you add an ABN to your booking or provide your booking details to a business, that business may receive information from us about your booking and travel arrangements, make changes to your booking and receive benefits in relation to your booking (such as loyalty points). There may be other circumstances in which we need to disclose your personal information, as described in our Privacy Policy. Overseas disclosure of your personal information We are based in Australia, so your personal information will be processed in Australia. However, we are likely to disclose your personal information to countries located outside of Australia where: you are travelling to or from other countries (including to ground handlers, local law enforcement and security agencies, our airline and other partners, hotels and other service providers who are providing you with a product or service); our third party service providers are located overseas; and/or our Velocity Frequent Flyer and Velocity Business Program partners are located overseas. See our Privacy Policy for a list of the countries to which we may disclose your personal information. How long will we keep your personal information for? Our Privacy Policy contains information about how long we will keep your personal information. Access and correction of your personal information Our Privacy Policy contains information about how you can access or correct your personal information (as well as additional rights which might apply depending on where you are located). Privacy queries and complaints Our Privacy Policy contains information about how you can make a privacy complaint or ask us a question about our privacy practices and how we will deal with a privacy complaint or respond to your query. You can contact our Privacy Officer at privacy@virginaustralia.com. Last updated June 2022 Virgin Australia Group Privacy Policy 1. About this policy Virgin Australia is committed to protecting the privacy of your personal information. This Privacy Policy tells you how Virgin Australia Airlines Pty Ltd and its group companies listed below (“we”/ “our”/ “us”) will handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles or, where applicable, other data protection laws (such as those in force in the European Union). Virgin Australia Group companies covered by this Privacy Policy Virgin Australia Airlines Pty Ltd Virgin Australia International Airlines Pty Ltd Virgin Australia Airlines (SE Asia) Pty Ltd Virgin Australia Regional Airlines Pty Ltd Virgin Australia Cargo Pty Ltd In this Privacy Policy our “related entities” include the Virgin Australia Group companies covered by this Privacy Policy and Velocity Frequent Flyer Pty Ltd and Velocity Rewards Pty Ltd. We also provide specific privacy collection notices relating to our particular services and practices (“Privacy Statements”). Access our current Privacy Statements. We will update our Privacy Policy if the way we handle personal information changes or as required by law. Updates to our Privacy Policy will be published on our website. 2. Collecting your personal information 2.1 Types of information we collect The personal information that we collect will depend on your relationship with us and the service you have requested. It may include: your identity and contact details including; name, address, email address, phone number, date of birth, gender, passport or other identification details and photograph; payment information in connection with a flight or cargo booking or additional products or services purchased during your flight or through our website or our Contact Centre; itinerary and other travel related information (including any dietary and special assistance requirements); IP address or MAC address when using our website or mobile applications (and other associated details, including the city associated with your IP or MAC address, the date and time of your visit to our website, pages viewed, the URL of the website that you viewed before our website and the type of browser you use); if you use social media, any information that you allow the social media site to share with us; Velocity Frequent Flyer membership information; your feedback and, opinions about our products and services and claims that you have made (such as in relation to mishandled, lost or damaged luggage); information relating to your dealings with us and our related entities, including insights about you so that we can better understand your preferences and interests; and information about your relationship with one of our corporate, government or business customers if you travel under their account, include an ABN in your booking, your booking is linked to a Virgin Australia Business Flyer account, or you interact with us on behalf of the relevant corporate, government body or business; and information in relation to your past or current employment if you apply for a job with us. 2.2 Collecting health and other sensitive information We may collect information about you which is considered sensitive under applicable privacy and data protection laws. This information may include: information in relation to your health if relevant to your travel with us, for example if you make a Special Assistance request or a meal request indicative of a medical condition or food intolerance, we are required to determine your fitness to fly, or where you are involved in a safety investigation, accident, complaint or claim; religious beliefs where you make a meal request indicative of a particular religion (e.g., halal or kosher); and information required for public health and safety purposes, for example to confirm you meet any COVID-19 requirements which apply to your travel. See paragraph 7 “Job Applicants” for information in relation to the sensitive information that we may collect when you apply for a job with us. Generally, we will ask for your consent to handle your health or other sensitive information or, in certain circumstances, you will consent to our collection by providing or agreeing that someone else can provide your health or other sensitive information to us. We may also handle your health or other sensitive information on other legal grounds, including to comply with our legal obligations, to protect your interests (where you are not capable of giving your consent), where it is in the public interest and in relation to legal claims. 2.3 Anonymity Where possible, we will allow you to interact with us anonymously or using a pseudonym. For example, if you contact our Guest Contact Centre with a general enquiry, you may choose not to provide your name unless we need it to adequately handle your enquiry. However, for most of our functions and activities we usually need your name and contact information. 2.4 How we collect personal information We collect your personal information in a number of ways. We may collect your personal information directly from you or in the course of our dealings with you, for example when you: provide personal information to us, such as when you make or update a booking, check-in for a flight, purchase our products and services, subscribe to our email or other communications, enter a competition, provide feedback to us or otherwise interact with us; visit our website, social media channels, mobile applications or use our wi-fi services; apply for a position with us; complete a form for us, such as medical clearance, general enquiries, claim and unaccompanied minor forms; register as a travel industry or corporate travel partner, or join Virgin Australia Business Flyer; and contact us online or our Contact Centre. We record calls in and out of our Contact Centre and chats through our online webchat, so we will collect any personal information you provide during these interactions. We may also collect personal information about you from other people or organisations. This may include our related entities and: a person who makes, changes or enquires about a flight, cargo or other booking on your behalf or who otherwise interacts with us on your behalf (such as a family member or friend, travel or booking agents, sales agents, a business you work for or other representative as part of a corporate or group booking); recruitment agencies and previous employers, if you have applied for a position with us and with your consent; our service providers and contractors (such as ground handlers, cargo handlers, call centre operators, third parties that provide us with services under a white label arrangement, marketing agencies, data analytics and market research providers and sales agencies, payment fulfilment and fraud protection providers and organisations that issue a Virgin Australia Cargo Air Waybill for the carriage of cargo); our airline and non-airline partners, including other airlines listed on your itinerary, car rental providers, hoteliers, airport transfer and parking providers, travel insurance providers and foreign exchange services; third parties who conduct market research or run competitions and other promotions on our behalf or for which we are the sponsor; and government agencies and regulatory authorities, including immigration, border security, law enforcement, and airport security. We may combine and compare personal information that we hold about you with other information collected from, or held by, others. We do this to better understand your interests and preferences, which helps us to enhance your experience. More information about why we do this is provided under ‘Why we collect personal information’. 2.5 Why we collect personal information We collect your personal information for a variety of purposes and on different legal grounds. Most of the time, we collect your personal information so that we can provide you with the services and products that you have requested and to enter into and perform our contract with you. This may include: processing and making arrangements for flight, cargo or other bookings, managing disruptions or cancellations related to your booking and any additional products or services requested by you; operating our loyalty programs, and arranging recognition and benefits in relation to your booking where, you are a frequent flyer member, or your booking is linked to a Virgin Australia Business Flyer account; creating login details for access to our booking sites, such as the Virgin Australia Business Flyer portal; verifying your identity; communicating with you before and after your flight, holiday or experience including to provide flight updates; and determining or handling issues of passenger safety, security and other requirements, including special assistance requirements and medical fitness to fly. Some information is collected and handled for purposes that you've consented to. This may include: identifying and arranging benefits for you or a business you work for, with our airline and non-airline partners, including frequent flyer program recognition and benefits, complimentary membership and discounts, where you or a business you work for have asked us to do this; providing, operating and contacting you in relation to our market and consumer research activities, competitions, promotions and events, where you have told us that you would like to take part in these; contacting you with marketing and promotional material about our offers or promotions, and those of our related entities, airline and non-airline partners and other third parties; and collecting your health or other sensitive information. At other times, we collect your personal information to carry out our functions and activities because we have a legitimate business interest in handling your information for these functions and activities. This may include: to develop insights about you so that we can better understand your preferences and interests. We do this to identify products, services that may be of interest to you, personalise your experience and enhance the products and services offered by us, our related entities and our airline and non-airline partners. In these cases, both we and these third parties have an interest in researching and analysing the services our customers want and personalising our offers so we're better able to provide products and services that are relevant to you. We may also use trusted service providers to undertake the process of creating these insights; and to help us continuously improve the services and products we offer and respond to your feedback, queries and complaints. We also collect your personal information to comply with legal, audit, reporting, record-keeping and investigation requirements and for operational, safety, public health, and regulatory compliance purposes. 2.6 Decisions that we make automatically about you We may make completely automated decisions on certain matters. For example, we (including service providers acting on our behalf, such as those who provide data analysis and business intelligence services) may assess existing or potential customers' interest in us and our and related products/services by logging your interaction with us via our website, our advertisements, the submission of forms or the number of "clicks" that you make on emails that we send you. In certain circumstances, we disclose this information to our trusted partners. The outcome of these activities will help us and our trusted partners to develop insights about you and better understand your preferences and interests. We and our partners may make marketing decisions about you based on these insights. 2.7 What would happen if we did not collect your personal information? If we cannot collect your personal information as described above, we may not be able to process your flight, cargo or other booking, or your special assistance, medical clearance or other requests. We also may not be able to fully investigate an incident, complaint or claim, or provide you with all or some of our other products and services. You may not need to provide some of the information that we use on the basis of our legitimate interests. For example, you can disable cookies in your browser. 3 Use and disclosure of your personal information We will use and disclose your personal information for the purposes described in ‘Why we collect your personal information’. We may also disclose your personal information: to our related entities; to our airline partners, other airlines and our non-airline partners for partner recognition and benefits; to travel or booking agents; to another person if they made the booking on your behalf (such as a family member or friend, travel or booking agent, sales agent, a business you work for or other representative as part of a corporate or group booking), are named in your booking, or are travelling with you as a support person; to any person who can provide us with the Booking Reference for your booking (located at the top of your itinerary) and confirm the first and last name of one or more passengers included in the booking; to the account holder or card holder of the credit card used to pay for your booking; to our third party product and service providers, including those providing catering, ground handling, cargo handling, transport, accommodation, technology and related support services, third parties that provide us with services under a white label arrangement, call centre services, promotions and prize fulfilments services, marketing and advertising services, data analysis, market research and business intelligence services, payment fulfilment and fraud protection services and security services; to third parties providing digital or other technology services (including digital assistants that utilise voice, virtual and other technology), where you have authorised the third party to receive information that we hold about you; in the event of an emergency or other serious incident, to government departments/officials and agencies, support organisations and persons involved in the incident response, relevant foreign embassies/consulates and to your family member(s) who contact us seeking information about your travel arrangements; to our professional advisers and insurers; in connection with the investigation of fraud or suspicious activity relating to services provided by us, our related entities, our airline partners, other airlines or non-airline partners; where permitted or required by law or order of a court/tribunal; and to law enforcement agencies, regulatory authorities and governments in Australia and around the world and their service providers for security, customs, immigration and public health and safety purposes. If we need to handle your information for any other purpose, we will only do so with your consent or where you may otherwise reasonably expect us to do so. 4 How long do we keep your personal information? We will keep your personal information for as long as we reasonably require your personal information for any valid and lawful purpose. These purposes include to provide you with our services and any products that you have requested, exercise our rights and perform our obligations under a contract, investigate and defend actual or potential claims, comply with our legal obligations and other purposes permitted by law. When it is no longer reasonably necessary for us to keep your personal information, your information will be destroyed or put beyond use. However, we may de-identify data and retain such data for statistical purposes only. 5 Travelling with others, corporate accounts and government travel If your booking contains more than one guest (whether you are travelling with your family or a friend, or a group booking for 10 or more), then we will collect your personal information from you or the person who made or updated the booking on your behalf. We may also disclose your personal information to the person who made or updated your booking and other persons included in the booking. If your booking includes an ABN, is made through a business’ corporate travel agreement or through a government travel agreement (or for official government purposes) with Virgin Australia, or is linked to a Virgin Australia Business Flyer account, we may collect your personal information from and disclose your personal information to the relevant business / government body (or their representative), including your itinerary, information relating to your travel including check-in, “no-show” or boarding status and any incident reports or feedback. If a business you work for is participating in the Virgin Australia Business Flyer program or you travel on a booking that is linked to a Virgin Australia Business Flyer account, the Privacy Statement for Virgin Australia Business Flyer and Loyalty includes more detailed information about the collection and handling of personal information by Virgin Australia and Velocity as part of Virgin Australia Business Flyer and the Velocity Business Program. Don’t add an ABN to your booking or provide your booking details to a business, unless you are happy for that business to receive information from us about your booking and travel arrangements, make changes to your booking and receive benefits in relation to your booking (such as loyalty points). 6 Overseas disclosures We are based in Australia, so your personal information will be processed in Australia. However, we may disclose your personal information to organisations or persons located outside of Australia. The countries in which these organisations or persons are located will depend on the circumstances, but in the course of our ordinary operations, we generally disclose personal information to third parties located in the countries where: you are travelling to or from or you are sending cargo to or from (including to local cargo and ground handlers, law enforcement and security customs and immigration agencies, our airline and non-airline partners who are providing you with a product or service); our third party service providers are located, including, Canada, Germany, Hong Kong, India, Japan, Malaysia, Netherlands, New Zealand, Singapore, Spain, Turkey, The Philippines, United Kingdom and United States of America; and our Velocity Frequent Flyer Program and Velocity Business Program partners are located. We will only disclose your personal information to an overseas partner where necessary to process a transaction for you. If we disclose personal information to a third party in a country which does not have equivalent privacy laws to your home country, we will take steps to ensure that you are provided with appropriate safeguards in respect of your personal information. This might include entering into contractual clauses with the third party that place obligations on the third party in relation to their handling your personal information. 7. Job applicants When you apply for a job with us, we will generally collect the personal information that you include in your application, such as your contact details, career history and education details. We may also collect sensitive information from you, for example, medical information or criminal history, if it is relevant to the role that you are applying for, and whether you identify as Aboriginal or Torres Strait Islander, for our Diversity and Inclusion Strategy. We will only collect such sensitive personal information where you have consented to us doing so. We may also obtain personal information about you from third parties with your consent, for example, from your previous employers or nominated referees. We collect personal information for the purpose of assessing and progressing your application. We will hold your personal information for future job opportunities with us, unless you tell us not to. We may disclose your personal information to our related entities, your referees and also to third party suppliers that we use to help with our recruitment processes, such as recruitment agencies and organisations that conduct competency or psychometric tests. We may also disclose your personal information to law enforcement agencies to verify whether you have a criminal record. 8. How we use cookies and web-tracking tools Cookies are tiny files sent to your browser and stored by your browser on your computer or other device that you're using to access our website or use our mobile applications. Our cookies collect your IP address or MAC address, the city associated with your IP or MAC address, the date and time of your visit to our website, portals, pages or advertisements viewed, the URL of the website that you viewed before our website and the type of browser you use. We also use web tracking/analytic tools that generate detailed statistics about traffic to our websites, traffic sources and how you interact with advertisements on our websites and third party websites. These tools can also measure and record conversions and sales. The cookies and web-tracking tools allow our websites and mobile applications to interact more efficiently with the device you are using and to help us improve the content and functioning of our websites and mobile applications. We also use cookies to help us and our third party service providers present targeted and customised advertising to you on our website and on third party websites. Please see our Cookie Policy for more information on our use of cookies and web-tracking tools. 9 Our marketing and your personal information We use personal information that we hold about you to identify services and products that may be of interest to you. We may contact you by email, text message or other digital service (such as through our applications that you install on your device such as mobile or iPad), phone or post to let you know about flight specials, offers and promotions, and those of our airline and non-airline partners; or any new or existing products or services that may be of interest to you pre and post flight; or to remind you to complete your purchase. We also use internet-based marketing including targeted online advertising and online behavioural marketing. We may disclose your personal information to our related entities and airline and non-airline partners to allow them to tell you about a product or service that may be of interest to you, based on your transactions with us. Our marketing agencies may also contact you using your personal information that they already hold, or we may provide your personal information to them, in order to serve you with more relevant advertising about our services and products. You can contact us at any time if you no longer wish to receive marketing materials from us or our related entities. If you receive a marketing email from us, you can opt-out from that particular category of marketing email by clicking on the "Manage Preferences" link or the “Unsubscribe” link at the bottom of the email. You can also manage your V-mail Sales Alert subscription and unsubscribe from receiving marketing communications in relation to your flights on our website. 10. Storage and security of your personal information 10.1 Our systems We mostly hold personal information electronically in our IT systems and databases. We also hold personal information in telephone recordings and in hard copy paper files. We use third party service providers to store some personal information. We take reasonable steps to protect the information that we hold about you from misuse, interference and loss, and from unauthorised access, modification or disclosure. We do this by having physical and electronic security systems and by limiting who can access your personal information. We also have online and network security systems in place for our websites, so that the information you provide us online is protected and secure. However, because of the nature of the internet, we cannot guarantee the security of your personal information. Please contact us if you become aware of any breach of security. 10.2 Keeping your booking safe Your Booking Reference (located at the top of your itinerary) or your Velocity PIN (if you are a Velocity Frequent Flyer member) is like your password for your booking. You can help us protect your privacy by keeping your Booking Reference and your Velocity PIN safe. Don’t share your Booking Reference or Velocity PIN with any other person, unless you are happy for them to receive information from us about your booking and travel arrangements and to make changes to your booking. We will only update a flight booking or otherwise provide information in relation a booking (including passenger names, destinations, changes or interruptions to travel or no-shows) or provide copies of itineraries or tax invoices, if our verification criteria are met. If you believe your Booking Reference or Velocity PIN has been obtained by someone who you do not want to have access to your booking, please notify us immediately. 11. Rights in respect of your personal information 11.1 General – access to and correction of personal data You have a right to request access to or correction of your personal information held by us. If you wish to access, correct or update any personal information that we hold about you, please contact us on the details below. We will need to verify your identity before we can process your request. We will respond to your request within a reasonable time of you making the request and give you access in the manner you requested, unless it is unreasonable or impracticable for us to do so. Sometimes we will be able to respond to your query over the phone, but sometimes we may need your request in writing and we might need some time to gather the requested information and get back to you. These more complex requests usually take us between 14 and 30 days. We might need to send a copy of the information to you by post or we might ask you to come and see us to have a look at the information. Making a request is free. But depending on what information you request access to, we may need to charge you for giving you access to the information. The charges will not be excessive and we'll let you know if a charge will apply before we proceed with giving you access. There is no charge for correcting your personal information. Please note that if you are making a request from the European Union, your request will be completely free apart from in a very limited number of circumstances. This might include if your request is repetitive or if you have requested further copies of the same information. The fee will be based on the administrative cost of providing the information. There may be reasons why we cannot give you access to the information that you have requested, or we refuse to correct your personal information. If this is the case, we will let you know these reasons in writing. If we refuse you access or to correct your personal information, you can make a complaint about this, by following the complaint procedures in this Privacy Policy. If we refuse to correct your personal information that we hold, you can ask us to associate with that information a statement that the information is inaccurate, out-of-date, irrelevant or misleading. 11.2 Specific rights for EU residents only If you are located in the European Union, then you may have additional rights. Some of these rights will only apply in very limited circumstances. You can withdraw your consent, where we rely on it for processing your personal information, at any time. You can ask us to confirm if we are using your personal information. You can ask us to delete your personal information. This right only applies in limited circumstances and will not usually apply where it remains necessary for us to process your information for the purposes for which it was collected, we are required by law to retain your information or your information is relevant to a legal dispute. You can ask us to stop or restrict how we process your personal information. These rights will apply in limited circumstances and will not usually apply when we need to process your information to carry out our day-to-day business functions or where we have compelling legitimate grounds for processing your information. You can ask us to help you move your personal information to other companies, where this is technically possible and only if we have collected and used your data via automatic means. Other conditions apply. You have the right to be informed and know about any protections that we have put in place when we are transferring your data overseas. 12. How to make a complaint If you have a complaint about how we have handled your personal information, you can make a complaint by contacting us using the details below. Once we have received your complaint, we will investigate and respond to you within a reasonable period of time. We take any privacy complaint seriously and will deal with your complaint fairly and promptly. However if you are not satisfied with our response or how we handled your complaint, you may complain to the Office of the Australian Information Commissioner at: Office of the Australian Information Commissioner (OAIC) GPO Box 5218 Sydney NSW 2001 Phone: 1300 363 992 TTY: 1800 620 241 email: enquiries@oaic.gov.au If your complaint relates to our airline services (rather than being privacy-related), you can contact the Airline Customer Advocate, which provides a complaint handling and dispute resolution process for eligible airline customers. If you are located in the European Union, you have the right to complain to the local data protection authority within the EU. You can find the details of your local DPA here. 13. Changes to our Privacy Policy We may update our Privacy Policy from time to time. Our Privacy Policy was last updated in April 2022. By continuing to use our website or otherwise continuing to deal with us, you accept this Privacy Policy as it applies from time to time. We will post all updates to our privacy page. 14. Contact us You can contact us by: Email: privacy@virginaustralia.com Writing to us at: Privacy Officer PO Box 1034 Spring Hill QLD 4004 Phone: (07) 3295 3000 Last updated June 2022 Virgin Australia Online Ticket Purchase Terms and Conditions Fare basis: NZLT0 PENALTIES *SPECIAL EMERGENCY RULES *SUBJECT TO CHANGE AT ANYTIME FOR TICKETING ON/AFTER 01MAR20 AND ON/BEFORE 30APR22/ FOR TRAVEL ON/BEFORE 30APR22 IF TRAVEL COMMENCES ON/BEFORE 30APR22. CHANGES CHANGES PERMITTED FOR REISSUE/REVALIDATION. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. - TEXT BELOW NOT VALIDATED FOR AUTOPRICING - UNLIMITED CHANGES PERMITTED WITH CHANGE FEE WAIVED. ALL OTHER FARE RULES APPLY. REFER TO APPLICABLE COMMERCIAL POLICY. CANCELLATIONS CANCELLATIONS PERMITTED FOR CANCEL. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. - TEXT BELOW NOT VALIDATED FOR AUTOPRICING - CANCELLATION PERMITTED WITH CANCEL FEE WAIVED AND TICKET VALUE HELD IN CREDIT. ALL OTHER FARE RULES APPLY. REFER TO APPLICABLE COMMERCIAL POLICY. GENERAL RULE - APPLY UNLESS OTHERWISE SPECIFIED CHANGES PER TICKET CHARGE AUD 80.00 FOR REISSUE/ REVALIDATION. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. CHANGE MUST OCCUR MIDNIGHT PRIOR TO FLIGHTS SCHEDULED DEPARTURE. ----- IN ADDITION TO REISSUE FEE ANY FARE DIFFERENCE AND ANY ADDITIONAL TAXES MUST BE COLLECTED AT THE TIME OF REISSUE. IF A CHANGE RESULTS IN A LOWER FARE ALLOW AN EVEN EXCHANGE. RESIDUAL REFUND NOT PERMITTED. ----- FOR MANUAL REISSUE COLLECT FEE AS AUD72.73YR AND AUD7.27UO. ----- REISSUE CONDITIONS FOR UNUSED OR PARTIALLY USED TICKETS FLIGHT AND DATE CHANGES ARE PERMITTED. ORIGIN AND DESTINATION POINTS MAY CHANGE OR STOPOVER/CONNECTION POINTS SUBJECT TO ROUTING RESTRICTIONS. 1. REPRICE CHANGED FARE COMPONENTS USING CURRENT FARE LEVELS. 2. UNCHANGED OR FLOWN FARE COMPONENTS REMAIN AT PREVIOUSLY TICKETED FARE LEVELS. ----- IF THE TICKET HAS BEEN ISSUED USING A COMBINATION OF TWO OR MORE FARES THE FOLLOWING RULES APPLY 1. WHEN ONE FARE COMPONENT IS BEING CHANGED - THE REISSUE FEE ON THE CHANGED FARE COMPONENT APPLIES. 2. WHEN MORE THAN ONE FARE IS BEING CHANGED - FLIGHT AND DATE CHANGE RULES MAY BE APPLIED INDEPENDENTLY HOWEVER THE HIGHER REISSUE FEE APPLIES. 3. THE MOST RESTRICTIVE RULE APPLIES TO ANY NAME CHANGES. ----- NAME CHANGES NOT PERMITTED ----- ALL OTHER CHANGES ARE NOT PERMITTED AND WILL BE TREATED AS A CANCELLATION. REFER TO CANCELLATION RULES. ----- TICKET IS NON-REFUNDABLE IN CASE OF CANCEL/NO-SHOW. WAIVED FOR DEATH OF PASSENGER OR FAMILY MEMBER. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. -REFUND- REFUNDS ARE NOT PERMITTED UNDER YOUR FARE RULES BUT YOU MAY BE ENTITLED TO A REFUND UNDER THE AUSTRALIAN CONSUMER LAW IN CERTAIN CIRCUMSTANCES. ----- -CREDIT- CREDITS NOT PERMITTED ----- IF TICKET HAS BEEN PREVIOUSLY REISSUED TO A REFUNDABLE FARE THE ORIGINAL REFUND CONDITIONS APPLY. ----- CANCEL CONDITIONS IF THE TICKET HAS BEEN ISSUED USING A COMBINATION OF TWO OR MORE FARES THE FOLLOWING RULES APPLY 1. WHEN ONE FARE COMPONENT IS CANCELLED - THE CANCELLATION RULES OF THE CANCELLED FARE APPLY. 2. WHEN MORE THAN ONE FARE COMPONENT OR THE WHOLE TICKET IS CANCELLED - THE MOST RESTRICTIVE FARE APPLIES TO THE WHOLE TICKET. ----- EXCEPTION TO THE RULE IS DEATH OF A PASSENGER OR FAMILY MEMBER SUBJECT TO VA SIGHTING CERTIFICATE WITH APPLICABLE WAIVER CODE ENDORSED ON THE REFUND APPLICATION. ----- FAILURE TO BOARD A FLIGHT ON A TICKETED BOOKING - IRRESPECTIVE OF CHECK-IN STATUS - WILL RESULT IN A NO SHOW AND COUPONS WILL BE CONSIDERED AS USED. ----- ELIGIBILITY NO ELIGIBILITY REQUIREMENTS APPLY. DAY/TIME NO DAY/TIME TRAVEL RESTRICTIONS APPLY. MINIMUM STAY NO MINIMUM STAY REQUIREMENTS APPLY. MAXIMUM STAY NO MAXIMUM STAY REQUIREMENTS APPLY. BLACKOUT DATES NO BLACKOUT DATES APPLY. SEASONALITY NO SEASONAL TRAVEL RESTRICTIONS APPLY. FLIGHT APPLICATION THE FARE COMPONENT MUST BE ON ONE OR MORE OF THE FOLLOWING ANY VA FLIGHT OPERATED BY VA ANY VA FLIGHT OPERATED BY QQ. STOPOVERS NO STOPOVERS PERMITTED ON THE PRICING UNIT. NO STOPOVER OCCURS IF PASSENGER TAKES NEXT AVAILABLE FLIGHT WITHIN SAME A STOPOVER MAY NOT EXCEED SAME DAY. ADVANCE RESERVATIONS/TICKETING CONFIRMED RESERVATIONS FOR ALL SECTORS AND TICKETING MUST BE COMPLETED AT THE SAME TIME. WAITLIST NOT PERMITTED. SURCHARGES IF INFANT WITHOUT A SEAT PSGR UNDER 2. AND - THE PROVISIONS BELOW APPLY ONLY AS FOLLOWS - TICKETS MAY NOT BE SOLD IN AUSTRALIA. WHEN TICKETS ARE SOLD IN AREA 1/AREA 2/AREA 3. THERE IS NO MISCELLANEOUS/OTHER SURCHARGE PER FARE COMPONENT PER ANY PASSENGER. THE PROVISIONS BELOW APPLY ONLY AS FOLLOWS - TICKETS MAY NOT BE SOLD IN AUSTRALIA. WHEN TICKETS ARE SOLD IN AREA 1/AREA 2/AREA 3. MISCELLANEOUS/OTHER SURCHARGE OF 20 PERCENT OF THE FARE PER FARE COMPONENT WILL BE ADDED TO THE APPLICABLE FARE PER ANY PASSENGER. ACCOMPANIED TRAVEL ACCOMPANIED TRAVEL NOT REQUIRED. TRAVEL RESTRICTIONS NO TRAVEL DATE RESTRICTIONS APPLY. SALES RESTRICTIONS TICKETS MUST BE ISSUED ON THE STOCK OF VA. TICKETS MUST BE ISSUED BY ELECTRONIC TICKETING. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. MUST COMPLY WITH TICKETING POLICY OF VALIDATING CARRIER. CAN ONLY BE TICKETED IN COMBINATION WITH VALIDATING CARRIERS OWN FARE EXCEPT IF TICKETED ON VA. TRANSFERS UNLIMITED TRANSFERS PERMITTED ON THE PRICING UNIT. FARE BREAK AND EMBEDDED SURFACE SECTORS NOT PERMITTED ON THE FARE COMPONENT. COMBINATIONS END-ON-END END-ON-END COMBINATIONS PERMITTED WITH DOMESTIC FARES BUT ARE NOT PERMITTED WITH INTERNATIONAL FARES. VALIDATE ALL FARE COMPONENTS. SIDE TRIPS PERMITTED WITH NO RESTRICTIONS. PROVIDED - COMBINATIONS ARE FOR CARRIER VA. OPEN JAWS/ROUND TRIPS/CIRCLE TRIPS FARES MAY BE COMBINED ON A HALF ROUND TRIP BASIS WITH VA FARES -TO FORM SINGLE OR DOUBLE OPEN JAWS -TO FORM ROUND TRIPS -TO FORM CIRCLE TRIPS WITH VA FARES. PROVIDED - COMBINATIONS ARE WITH ANY FARE FOR CARRIER VA IN ANY RULE AND TARIFF. TICKET ENDORSEMENTS THE ORIGINAL AND THE REISSUED TICKET MUST BE ANNOTATED - RESTRICTIONS APPLY/NONEND - AND - NONREF/ - AND - PENALTIES APPLY - IN THE ENDORSEMENT BOX. CHILDREN DISCOUNTS CNN/ACCOMPANIED CHILD PSGR 2-11 - CHARGE 100 PERCENT OF THE FARE. TICKETING CODE - BASE FARE CODE PLUS CH. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY ADULT PSGR 15 OR OLDER. OR - INS/INFANT WITH A SEAT PSGR UNDER 2 - CHARGE 100 PERCENT OF THE FARE. TICKETING CODE - BASE FARE CODE PLUS CH. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY ADULT PSGR 15 OR OLDER. OR - INF/INFANT WITHOUT A SEAT PSGR UNDER 2 - NO CHARGE. TICKETING CODE - BASE FARE CODE PLUS IN. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY ADULT PSGR 15 OR OLDER. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. TICKETS MUST BE ISSUED FOR INFANTS WITHOUT A SEAT CNE/NEGOTIATED CHILD PSGR 2-11 - CHARGE 100 PERCENT OF THE FARE. TICKETING CODE - BASE FARE CODE PLUS CH. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY NEG PSGR 15 OR OLDER. OR - INS/INFANT WITH A SEAT PSGR UNDER 2 - CHARGE 100 PERCENT OF THE FARE. TICKETING CODE - BASE FARE CODE PLUS CH. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY NEG PSGR 15 OR OLDER. OR - INE/NEGOTIATED INFANT PSGR UNDER 2 - NO CHARGE. TICKETING CODE - BASE FARE CODE PLUS IN. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY NEG PSGR 15 OR OLDER. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. TICKETS MUST BE ISSUED FOR INFANTS WITHOUT A SEAT INN/INDIVIDUAL INCLUSIVE TOUR CHILD PSGR 2-11 - CHARGE 100 PERCENT OF THE FARE. TICKETING CODE - BASE FARE CODE PLUS CH. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY INDIVIDUAL INCLUSIVE TOUR PSGR 15 OR OLDER. OR - ITS/INCLUSIVE TOUR INFANT WITH A SEAT PSGR UNDER 2 - CHARGE 100 PERCENT OF THE FARE. TICKETING CODE - BASE FARE CODE PLUS CH. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY INDIVIDUAL INCLUSIVE TOUR PSGR 15 OR OLDER. OR - ITF/INCLUSIVE TOUR INFANT WITHOUT A SEAT PSGR UNDER 2 - NO CHARGE. TICKETING CODE - BASE FARE CODE PLUS IN. MUST BE ACCOMPANIED ON ALL FLIGHTS IN THE SAME COMPARTMENT BY INDIVIDUAL INCLUSIVE TOUR PSGR 15 OR OLDER. NOTE - TEXT BELOW NOT VALIDATED FOR AUTOPRICING. TICKETS MUST BE ISSUED FOR INFANTS WITHOUT A SEAT MISCELLANEOUS PROVISIONS NO PROVISIONS APPLY. HIP/MILEAGE EXCEPTIONS NO HIP OR MILEAGE EXCEPTIONS APPLY. GROUPS NO GROUP PROVISIONS APPLY. VISIT ANOTHER COUNTRY NO VISIT ANOTHER COUNTRY PROVISIONS APPLY. DEPOSITS NO DEPOSIT PROVISIONS APPLY. RULE APPLICATION AND OTHER CONDITIONS NOTE - THE FOLLOWING TEXT IS INFORMATIONAL AND NOT VALIDATED FOR AUTOPRICING. VIRGIN AUSTRALIA DOMESTIC LITE FARES APPLICATION AREA THESE FARES APPLY AUSTRALIA. CLASS OF SERVICE THESE FARES APPLY FOR ECONOMY CLASS SERVICE. OTHER CONDITIONS ------------------------------------------------- BAGGAGE ALLOWANCE - NO CHECKED BAGGAGE INCLUDED. - CHECKED BAGGAGE AVAILABLE FOR PURCHASE. - NOT APPLICABLE FOR INFANT. REFER TO VIRGINAUSTRALIA.COM FOR INFANT ALLOWANCES. ------------------------------------------------- SEAT SELECTION - NO SEAT SELECTION INCLUDED. - STANDARD SEAT SELECTION AVAILABLE FOR PURCHASE. - ECONOMY X AVAILABLE FOR PURCHASE. ------------------------------------------------- FOOD AND DRINKS - COMPLIMENTARY WATER TEA AND COFFEE. FOOD AND DRINKS AVAILABLE FOR PURCHASE. ------------------------------------------------- INFLIGHT ENTERTAINMENT - COMPLIMENTARY WIRELESS IN-FLIGHT ENTERTAINMENT IS AVAILABLE ON SELECTED FLIGHTS OPERATED BY EQUIPPED AIRCRAFT WHEN A GUESTS OWN COMPATIBLE DEVICE IS USED. - MORE INFORMATION ABOUT VIRGIN AUSTRALIAS IN- FLIGHT ENTERTAINMENT OFFERING IS AVAILABLE AT VIRGINAUSTRALIA.COM ------------------------------------------------- VELOCITY ENTITLEMENTS -POINTS EARN - YES -STATUS CREDITS - YES -REQUEST UPGRADE WITH POINTS - NO -ELIGIBLE SECTORS - NO -POINTS REDEPOSIT ON CANCELLATION - ONLY APPLICABLE WHERE FARE IS ELIGIBLE FOR REFUND TO ORIGINAL FORM OF PAYMENT. ------------------------------------------------- TOUR CONDUCTOR DISCOUNTS NO DISCOUNTS FOR TOUR CONDUCTORS. AGENT DISCOUNTS NO DISCOUNTS FOR SALE AGENTS. ALL OTHER DISCOUNTS NO DISCOUNTS FOR OTHERS. FARE BY RULE NOT APPLICABLE. TOURS NO TOUR PROVISIONS APPLY. VOLUNTARY CHANGES ENTER RD*31 OR RD‡LINE NUM‡*31 FOR VOLUNTARY CHGS. VOLUNTARY REFUNDS CHECK CATEGORY 16 OR CONTACT CARRIER FOR DETAILS. NEGOTIATED FARES FARES MAY BE VIEWED/PRICED/TICKETED BY WIN. INTERNATIONAL CONSTRUCTION NOT A CONSTRUCTED FARE Virgin Australia Conditions of Carriage These Conditions of Carriage contain important terms that you should be aware of. Specifically: Clause 9.2 sets out limitations on our liability to you in the event of loss or damage of important or valuable items taken as checked baggage or carry-on baggage. Clause 11 provides that you may have your fare forfeited, your booking cancelled or re-allocated, be refused carriage or charged a reasonable service fee with no liability to Virgin Australia if you do not comply with our stated check-in requirements. Clause 12 sets out limitations on our liability to you in the event of schedule changes and flight cancellations. Clause 13 sets out limitations on our liability to you in the event you miss a connecting flight with a third-party airline or other service provider or if you have booked two or more single sector flights that are not offered for sale as connecting flights. Clause 14 sets out the circumstances in which we can refuse you carriage on our flights and limitations on our liability to you when this occurs. Clause 18.3 sets out limitations on our liability to you in the event you are refused entry into your destination port. Clause 19 sets out limitations on our liability to you in the event you suffer illness, injury or death on our flights or in the event we delay, damage or lose your baggage. Clause 20 sets out the timeframes you need to comply with when making a claim for lost or damaged baggage. Clause 22 says that we need to collect your personal information so that we can provide services to you. It also says we will collect and handle your personal information in accordance with our Privacy Policy 1. Terms used in this Contract of Carriage In these Conditions (where not inconsistent with the context): “Airline Designator Code” means the two or three letter or number code issued by IATA to each airline to identify that airline and its flights. For example, Virgin Australia’s Airline Designator Code is “VA”; “Authorised Agent” means a duly licensed passenger sales agent who is authorised by Virgin Australia to represent Virgin Australia and sell Virgin Australia Services; “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Australian Domestic Travel” means carriage wholly within Australia which is not part of International Travel; "Baggage" includes Checked Baggage and Carry-on Baggage; “Baggage Allowance” means the allowance for your baggage, as set out in the Fare Rules and administered in accordance with paragraph 8 of these Conditions and the Policies; “Baggage Fee” means any fee specified in the Fare Rules as payable by you for us to carry Checked Baggage; "Booking" means the booking request made by you or on your behalf, and accepted by us for travel on a Virgin Australia flight, the Itinerary, the boarding pass, the Ticket, the baggage check, and/or any other document or message from us relating to the contract for carriage concerning your travel; “Carry-on Baggage" means baggage, personal effects or other articles (not being Checked Baggage) which accompanies you in the aircraft cabin during the provision of transport and services the subject of the Booking; "Checked Baggage" means baggage, personal effects or other articles registered with us as baggage intended to be carried in the aircraft hold during the provision of transport and services the subject of the Booking and for which a bag tag number is issued by us; “Codeshare Partner” means an airline with whom we have an agreement to operate Codeshare Services; “Codeshare Service” means a service which has a “VA” flight number but which is not operated by an airline in the Virgin Australia Group; "Conditions" means these Conditions of Carriage; “Convention” means (as applicable): the Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929) (“Warsaw Convention”); the Warsaw Convention as amended at The Hague (1955); the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 2 of Montreal (1975); the Warsaw Convention as amended at The Hague and by Additional Protocol No. 4 of Montreal (1975); the Guadalajara Convention (1961); and the Montreal Convention (1999) ("Montreal Convention"); "Customer Service Plan" means our customer service plan for passengers travelling from the USA, as amended from time to time and published on our Website; “Destination” means the last destination shown on your Itinerary. When not capitalised, destination refers to a generic point of arrival; “Domestic” means flights operated by Virgin Australia Airlines or Virgin Australia Regional Airlines within Australia; “Domestic Travel” means travel entirely within one country and includes Australian Domestic Flights; “Electronic Coupon” means an electronic flight coupon or other value document in electronic record form held in our database; “Electronic Ticket” means a Ticket issued electronically, and comprises Electronic Coupons; “Event Beyond Our Control” includes events such as severe or inclement weather, strikes, security alerts or other events that may affect our ability to provide air transport as planned; “Events Within Our Control” includes events such as aircraft maintenance or crewing shortages, or other events within our reasonable control that may affect our ability to provide air transport as planned; “Fare” means the applicable fare set by Virgin Australia for travel contemplated in a Booking (at the time of payment for the Booking), along with applicable fees and surcharges, and any taxes imposed by governments on the travel to which the Booking relates; “Fare Rules” means those additional terms and conditions attaching to the transport and services the subject of the Booking (of which you are notified at the time of booking and which are available on our Website); “Flight Coupon” means that portion of the Ticket that bears the notation "good for passage," or in the case of an Electronic Ticket, the Electronic Coupon, and indicates the particular places between which you are entitled to be carried; “Guest” means a person who has purchased a Fare and who travels with Virgin Australia; “Guest Compensation Policy” means our compensation policy as amended from time to time and published on our Website. The Guest Compensation Policy applies to all passengers other than passengers travelling from the USA; “Guest Contact Centre” means our Booking and Guest services call centre. Telephone numbers for the Guest Contact Centre are published on our Website; “IATA” means the International Air Transport Association; “International Long Haul” means flights operated by Virgin Australia International; “International Short Haul” means flights operated or marketed by Virgin Australia International or Virgin Australia (SE Asia); “International Travel” means international carriage as defined in the Convention and includes any Australian Domestic Flight which forms part of an international trip; “Itinerary” means the document we or our Authorised Agents provide to you which details your flights with Virgin Australia; “Laws” means the laws of any nation which apply to your travel with Virgin Australia; “Loss” means any loss, damage, cost or expense, including consequential or indirect loss, loss of savings, business opportunities, revenue, profit and/or damage to goodwill; “Medical Clearance Form” means the form we require you to complete if you fall within any of the applicable categories of persons set out in the Medical Clearance Guidelines; “Medical Clearance Guidelines” means the guidelines which apply to Guests travelling on Virgin Australia flights who have an illness or a medical condition and which are published on our Website; “Paper Ticket” means a Ticket printed on authorised ticketing paper, and includes Flight Coupons; “Piece Limit” means the piece limit for your Checked Baggage, which is determined by your fare type and frequent flyer status and is specified in the Fare Rules and on our Website; “Policies” means Virgin Australia’s policies in relation to various aspects of travel, including Baggage, Dangerous Goods, the Medical Clearance Guidelines, Customer Service Plan, Guest Compensation Policy and policies regarding the carriage of Guests requiring special assistance. Policies are published on our Website; “Privacy Policy” means Virgin Australia’s privacy policy as published on our Website and amended by us from time to time; “SDR” means a Special Drawing Right of the International Monetary Fund; “Tariff” means the published fares, charges and/or related Conditions of Carriage of an airline filed with the governments of Canada or the United States of America; “Tarmac Delay Plan” means a contingency plan created by a carrier to manage a delay to a flight, where the carrier is required by Law to have a plan; “Ticket” means a document which validly entitles you travel on flights operated or marketed by Virgin Australia International, being either an Electronic Ticket or a Paper Ticket; “Ticketing Time Limit” means the time limit set by Virgin Australia within which you must pay the Fare for a Booking; "us, we, our, the airline, Virgin Australia" means Virgin Australia Airlines Pty Ltd (“Virgin Australia Airlines”), Virgin Australia Airlines (SE Asia) Pty Ltd (“Virgin Australia (SE Asia)”), Virgin Australia International Airlines Pty Ltd (“Virgin Australia International”) or Virgin Australia Regional Airlines Pty Ltd (“Virgin Australia Regional Airlines”) or any other carrier that accepts the Booking and all carriers that provide transport and services the subject of the Booking to you and any of that carrier's agents, servants, representatives, contractors, subsidiaries or related bodies corporate. Where it has been necessary to distinguish between the individual carriers in these Conditions, reference will be made to that individual carrier by name; “Website” means www.virginaustralia.com; “Weight Limit” means the weight limit for Checked Baggage determined by the type of fare purchased by you when making a Booking. The weight limit and the terms and conditions that apply for receiving the benefit of the weight limit are specified in the Fare Rules and on our Website; "you, your" means you, a passenger who is specified as receiving transport and other services from us in the Booking and any infant carried with you without a separate Booking. 2. Conditions Apply Subject to Overriding Laws 2.1 The Booking and the contract for carriage between us and you is subject to these Conditions and any applicable Convention or Law. These Conditions apply except to the extent of any inconsistencies with any applicable Convention or Law, in which event such convention or laws will prevail to the extent of the inconsistency. 2.2 If any provision of these Conditions is void, illegal, invalid or unenforceable, the Conditions will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable. 2.3 These Conditions also apply to our employees, agents and representatives, all other carriers used by us to carry you and those carriers’ employees, agents and representatives. 2.4 You have certain rights under the Australian Consumer Law. These include consumer guarantees that the services we provide to you will be carried out by us with due care and skill, will be fit for a particular purpose and will be supplied within a reasonable time. Where we fail to provide services to you in accordance with these consumer guarantees or otherwise in accordance with these Conditions of Carriage or your Fare Rules, then you may have a right to seek a remedy from us in accordance with our Policies and any applicable Law, including the Australian Consumer Law. 2.5 Our Policies set out the assistance and compensation we will provide to you in the event of certain flight disruptions or cancellations. You may also have additional rights to compensation under the Australian Consumer Law or other applicable Laws. 2.6 These Conditions do not exclude or limit the consumer guarantees or any other statutory rights that you may have under applicable Laws that cannot be excluded or limited (including the Australian Consumer Law and the Civil Aviation (Carriers' Liability) Act 1959 (Cth)). 2.7 You must comply with all applicable Laws, regulations, orders and notifications in force relating to air transport and all conditions and instructions issued by us. 3. Operation of Conditions 3.1 These Conditions will apply to your travel on flights operated or marketed by us (flights operated under the “VA” Airline Designator Code), to the extent they are applicable to your journey. 3.2 These Conditions do not apply to any non-air transportation or other services we arrange for you (for example, bus transfers or hotel accommodation). We arrange these services for you as your agent and your contract is with the provider of the transportation or services. 3.3 Variation and Waiver. No employee, contractor, Authorised Agent or other person is authorised to vary these Conditions. However, our duly authorised employees and contractors may in certain circumstances waive Fare Rules or amounts payable. A waiver on one occasion does not constitute a waiver on any other occasion. 3.4 Transferability. Unless you are permitted to do so by the applicable Fare Rules, you may not transfer the Booking or the benefit of the contract for carriage. We reserve the right to refuse a person carriage unless valid, satisfactory proof of identity (eg. passport, current drivers licence) in the same name as the Booking and, in the case of minors, satisfactory proof of age (eg birth certificate), is produced at check in or presented to our staff at the airport if you are asked to do so. Infants not requiring their own seat may be refused carriage or required to purchase a seat if satisfactory proof of age (under 2 years) is not provided. 3.5 Validity and Refunds (a) A Booking is valid only for provision of the transport and services in respect of which it is accepted by us. Subject to paragraph 7.2(d), 12.5 and 12.6 of these Conditions, our Policies, and to the extent permitted by Laws and subject to your rights under the Australian Consumer Law, no payment accepted by us in respect of a Booking is refundable unless specified otherwise in the Fare Rules. (b) You may change Booking details, subject to the Fare Rules. If you fail to travel on the scheduled services specified in the Booking, the Booking may, subject to the Fare Rules and other Laws, lapse, become valueless and not be substitutable for other services. 4. Marketing and Promotional Material You consent to receive electronic messages and marketing communications from us containing marketing and promotional material, and subject to any applicable Law, agree that we do not need to include an "unsubscribe" facility in any electronic message sent to you for the purposes of the Spam Act 2003 (Cth). Virgin Australia may contact you by text message, email or other digital service (such as through our applications that you install on your device such as a mobile or iPad), phone or post to let you know about our flight specials and promotions, any new or existing products or services, and those of our related companies and partners, that may be of interest to you pre and post flight. You will receive these communications even if you have not subscribed to V-Mail Sales Alerts. You can read more about our marketing practices in our Privacy Policy, including how to manage your marketing communications preferences. The consent contained in this paragraph 4 may not apply if you are a European resident. 5. Codeshare Services 5.1 We will notify you if a service is a Codeshare Service (for example, by saying “Operated by Etihad Airways” on our website or on your Itinerary). 5.2 These Conditions apply to Codeshare Services. The operating carrier of each Codeshare Service is our agent for the purpose of exercising our rights under these Conditions if it is not possible for us to exercise its rights directly. 5.3 Codeshare Services are operated by different carriers and different types of aircraft (for example, single-aisle jets). Accordingly, services and facilities offered by us on our own aircraft (such as cabin classes, in-flight entertainment and services for passengers with special needs) may not be available on all Codeshare Services. In addition, different or additional rules may apply to Baggage on Codeshare Services. You should refer to the operating carrier’s website, our Website or our Guest Contact Centre for further information. 5.4 The carrier operating a Codeshare Service arriving into or departing from the United States shall apply its Tarmac Delay Plan in any circumstances where it becomes necessary to do so. 6. Interline Services/Other Carriers 6.1 At times you may also travel on services which we sell but which are operated by other carriers under those carriers’ flight numbers and Airline Designator Codes. If we issue you an Itinerary or a Ticket for carriage on another carrier’s flight and Airline Designator Code, we do so only as agent for that carrier, and that carrier’s conditions of carriage will apply. The operator's conditions of carriage may significantly limit or exclude liability. You should refer to the operating carrier’s website for further information. 7. Bookings, Seat Allocation and Tickets 7.1 General (a) Bookings can be made directly with Virgin Australia, through our Website or via the Guest Contact Centre, or by an Authorised Agent. (b) If you make a Booking through an Authorised Agent, you must contact the Authorised Agent to make changes to that Booking. (c) A Booking is confirmed only when recorded and accepted by us. (d) An open-dated ticket is not a Booking. (e) Travel insurance: Air travel is inherently uncertain. The safety of our passengers and crew is our number one priority. Sometimes we will need to delay or cancel your flight due to reasons such as natural disasters, bad weather, technical and other reasons. If you are travelling for a particular purpose, you should carefully consider your travel plans and ensure you allow plenty of extra time when booking in case of disruptions. Travel may involve many risks to a passenger’s health and safety and possible exposure to liability. Subject to applicable Laws, our liability to passengers is limited as set out in these Conditions. We strongly recommend you purchase insurance to cover yourself in such circumstances including to cover any losses you might incur if for any reason you are unable to travel on your planned travel date. (f) Taxes and Charges. You are responsible for applicable taxes or charges imposed by government, other authority or by the operator of an airport that are in effect on the date of travel (g) Unless your Itinerary, Ticket Fare Rules or applicable Tariffs state otherwise, the following rules apply to the validity of your Ticket: i. A Ticket is valid for one year from the date of commencement of travel, or if the Ticket is not used, one year from the date of the issue of the Ticket; ii. We may, in our absolute discretion extend the validity of your Ticket if your travel is disrupted by an Event Beyond Our Control. 7.2 Fare Rules (a) Any changes to your Ticket, Coupons or Itinerary must be made by us or an Authorised Agent, and must be in accordance with the Fare Rules (see (d) below). (b) Fares. Fares are set in our absolute discretion, and provide the inclusions and exclusions set out in detail in the Fare Rules. In general, Fares cover the transport of you and your Baggage Allowance from the origin specified in by your Booking to the destination specified in your Booking. The Fares do not cover your transport to or from the airport or between airports or other places. (c) Which Fare Applies? We will calculate your exact Fare when you pay for your Booking. We reserve the right to change Fares (for example, by changing taxes or surcharges) before you pay for your Booking. (d) Fare Rules. We have various Fare Rules which apply to our Fares, which influence the price and the flexibility of the relevant Fares. The Fare Rules are set out on our Website and will be provided to you at the time you make your Booking. The Fare Rules include information about the flexibility of your fare and will state how restrictive your Fare is, whether or not the Fare can be changed and whether or not the Fare is refundable in circumstances other than when you may be entitled to a refund under the Australian Consumer Law. You should carefully consider the Fare Rules, your requirements and your insurance cover before you pay for your Booking. 7.3 Booking and Seat Allocation (a) Once you have a Booking, you will also have to pay the Fare for the Booking within the Ticketing Time Limit. If you do not pay for your Booking by the Ticketing Time Limit, Virgin Australia may cancel your Booking. If you pay for your Booking within the Ticketing Time Limit, you will be issued with a Ticket by Virgin Australia or your Authorised Agent. (b) If you do not use your Booking, depending on the Fare Rules which apply to your Booking, we may require you to pay a reasonable service charge in relation to your Booking, and may also cancel any onward or return Bookings. (c) Some Virgin Australia Fare classes and cabin classes may allow you to request a preferred seat and/or cabin area. You may also have requested to be placed in a certain seat and/or cabin area during the booking process, through an agent or through the Guest Contact Centre. We will endeavour to accommodate your seat request. However, we do not guarantee you any particular seat, even if you have nominated a seating preference or if you have paid to be seated in a particular seat. We may change your seat at any time, even after you have boarded the aircraft for any reason, including for safety or operational reasons. If you have paid to select a standard seat, you can find out more information in the Seat Selection Terms and Conditions. 7.4 Tickets, Fares and Tariffs (a) Issuing a Ticket. If you have a Booking and you pay for it within the Ticketing Time Limit, either we or an Authorised Agent will issue you with a Ticket. A Ticket may also be issued by another airline, but with Flight Coupons or Electronic Coupons which entitle you to travel on Virgin Australia services. A Ticket can be an Electronic Ticket or a Paper Ticket. (b) Importance of Ticket. If you are issued with a Paper Ticket by another airline, it should be safeguarded. If your ticket was issued by another airline, it remains the property of that airline. (c) Rules About Tickets. Tickets are not transferable, and you must not sell or transfer them to anyone else. We will not honour a Ticket which has been transferred or sold, or Tickets which are used by a person other than the person to whom the ticket was issued. If you are issued with a Paper Ticket, you will not be entitled to be carried if your Ticket is mutilated or if it has been altered otherwise than by us or an Authorised Agent. If you have been issued with an Electronic Ticket, you will not be entitled to be carried on a flight unless you provide positive valid, satisfactory identification and a valid Electronic Ticket has been duly issued in the same name. (d) Tickets used in coupon sequence. You must use the Flight Coupons or Electronic Coupons in your Ticket in the sequence they appear on your Ticket, and you must commence your journey with the first coupon. If you do not, your Ticket may be invalid, and we reserve the right to refuse to carry you, and to cancel the Ticket. (e) Booking details. Your Ticket and travel itinerary will contain details of your reservation with us. These details include your reservation code /ticket number which can be used to access and change your booking. If you are a Velocity Frequent Flyer member, you may access your flight booking by quoting your Velocity PIN. It is your responsibility to keep your reservation code /ticket number and Velocity PIN secure and not disclose this information to third parties. We are not liable for any loss you may suffer as a result of you disclosing your booking details or Velocity PIN. 7.5 Twenty-four hour reservation requirement - travel to or from the USA If you are travelling to or from the USA and book a fare seven (7) days or more prior to your flight’s scheduled departure time, you may cancel your booking without penalty within 24 hours of making it, or hold a reservation at the quoted fare for 24 hours without payment. You can arrange this by calling our Guest Contact Centre on 136 789 (or 1855 253 8021 if calling from the USA). 8. Before Your Flight 8.1 Your Health (a) You should be aware of health and safety issues which are relevant to you, and advise us about any health issues which affect your safety or the health and safety of others at the time you make your booking. You should consult your doctor and then notify your Authorised Agent or our Guest Contact Centre. (b) Risks Inherent to Being Seated for Extended Periods of Time. Sitting for extended periods of time may be a risk factor for some people forming blood clots in the legs, known as Deep Vein Thrombosis (DVT). You should discuss with your doctor whether you are at risk of suffering DVT, and if so, what preventative measures you should take. (c) Medical Clearance. If you have a medical condition that falls within our Medical Clearance Guidelines, we may require you to provide a Medical Clearance Form signed by a qualified medical practitioner. If you do not provide a Medical Clearance Form satisfactory to us, we may refuse to carry you on our flights. Our Medical Clearance Guidelines and the Medical Clearance form is available on our Website. We may amend the Medical Clearance Guidelines at any time without notice to you. (d) Privacy of your health information. We will handle any health information you provide to us under this clause 8.1 or clause 10.1 (Special Assistance) in accordance with our Privacy Policy. 8.2 Passports, Visas and Authorisations – International Travel (a) It is your responsibility to comply with all Laws, regulations and orders of your chosen destinations. You should consult with the government which issued your passport, and consider the following: i. You must have a valid passport. If your passport expires in 12 months or less, you should check whether this is sufficient for your chosen destinations and time away; ii. Check with the government which issued your passport, and the consulates of your chosen destinations, to see whether you need a visa or other travel document, or other information such as vaccination records; and iii. Find out about any dangers to your health and safety at your chosen destinations. (b) The items set out in paragraph 8.2(a) are given as a guide only. It is your responsibility to ensure that you have all required authorisations and documentation for your travel. Any assistance which we may provide you in this area does not release you from your obligation. (c) You should check relevant government websites to find out about any dangers and risks to your health and safety at your chosen destination. You can do this by checking with government agencies like the Australian Department of Foreign Affairs and Trade, the US Bureau of Consular Affairs, the UK Home and Foreign Offices or the New Zealand Ministry of Foreign Affairs and Trade. 9. Baggage 9.1 Carry-on Baggage (a) You are entitled to carry on board a limited amount of baggage, provided that it complies with our requirements and these Conditions. The current allowances for Carry-on Baggage are set out our Website and may change. If any Carry-on Baggage exceeds the limits set out on our Website, we may direct such baggage be stowed in the aircraft hold and in this event we will treat the Carry-on Baggage as Checked Baggage and may charge a Baggage Fee if applicable. Carry-on Baggage allowances do not apply to an infant not occupying an aircraft seat. (b) You may carry crutches or other prosthetic devices in the cabin if you are dependent upon their use in respect of the journey being undertaken. (c) Special items. We may accept larger items (such as musical instruments) which would normally not be suitable as Carry-on Baggage, if you make prior arrangements with us. Virgin Australia reserves the right to charge a reasonable additional fee for the carriage of the item as Carry-on Baggage. 9.2. Checked Baggage (a) Domestic and International. Depending on the Fare you have purchased, you may be entitled to a Checked Baggage allowance. Economy Lite fares do not include Checked Baggage. If Checked Baggage is included in your Fare, you are entitled to carry up to the designated Weight Limit and Piece Limit of Checked Baggage free of charge. Your Baggage allowance will depend on your Fare and the Fare Rules. The current allowances for Checked Baggage are set out on our Website and may change. (b) Excess Baggage and Oversized Baggage. We may accept Checked Baggage that exceeds the designated Weight Limit and Piece Limit at our absolute discretion and upon payment by you of the applicable excess baggage charge (at the rates specified on our Website, which are subject to change at any time without notice) prior to carriage. Additionally, if your Baggage exceeds certain size and weight limitations, it must be sent as freight. Please see our Website or contact the Guest Contact Centre for further information. (c) We will use all reasonable endeavours to ensure carriage of your Baggage, including Checked Baggage, on the same flight as you. However, in some circumstances, aircraft operational limitations (for example, aircraft weight restrictions caused by unusually strong headwinds or very hot weather) may mean we are unable to carry your baggage on the same flight as you. If this occurs, we will carry your baggage on the next available flight. (d) Infant equipment, including prams/strollers, capsules, portable cots and car seats will be carried in accordance with our Policies set out on our Website and will be stowed in the aircraft hold during the flight. (e) Carriage of Mobility Aids: i. For flights to and from the US only. We provide priority stowage onboard the aircraft for one collapsible manual wheelchair or other assistive devices (such as canes, crutches and walkers). Wheelchairs and other assistive devices carried onboard do not count as Carry-on Baggage. Mobility aids and wheelchairs that cannot be accommodated in priority cabin stowage will be stowed in the aircraft hold as Checked Baggage during the flight and carried free of charge. ii. All other flights. Subject to complying with the dimension and weight restrictions published on our Website, mobility aids and wheelchairs which you may reasonably need to use in respect of the journey being undertaken will be stowed in the aircraft hold as Checked Baggage during the flight and carried free of charge. (f) You must not take or permit to be taken onto the aircraft or as Checked Baggage any dangerous goods or potentially dangerous goods including: Compressed gases (eg refrigerants, gases such as butane, aqualung cylinders, liquid nitrogen, oxygen); Infectious substances (eg live virus cultures, bacterial strains); Corrosive substances (eg acids, alkalines, mercury, wet cell batteries); Flammable liquids or solids (eg fuel of any kind, matches (except safety matches), paints, thinners); Explosives (eg firearms, ammunitions, fireworks, flares) except as permitted in accordance with our Policies set out on our website; Radioactive and magnetised materials; Oxidising materials (eg bleach, peroxide); Poisons (eg weedkillers, insecticides); Dead animal matter; Live animals (except as permitted in paragraph 9.4); Weapons of any type (eg knives, box cutters, any item confiscated by airport security) except as permitted in accordance with our Policies set out on our website; or items the carriage of which is prohibited by the applicable Laws, regulations or orders of any country to be flown from, to or over. We are entitled to destroy, abandon, withhold or retain such goods (without any liability to you) and produce them as evidence in any proceedings or inquiry as we consider appropriate. (g) You must never include in your Checked Baggage any money or similar items like negotiable instruments, valuable items like jewellery, identification papers like passports, important original documents, or other valuable items. Subject to applicable Laws (including the Australian Consumer Law) and the Conventions, we will not be responsible for Loss of or damage to such items, whether you take them as Checked Baggage or Carry-on Baggage. (h) Checked Baggage Receipt. You may be given a Checked Baggage receipt when you check in your baggage. You must retain this receipt to assist you with claiming Checked Baggage at your destination or to make a claim for any applicable compensation if your Checked Baggage is lost or damaged. (i) Identification of Baggage. You must ensure that all of your Checked Baggage is marked with your name and address, or some other form of unique identification which will allow us to confirm that the Checked Baggage belongs to you. (j) Sporting Goods. We may classify sporting goods in a different manner from other Checked Baggage. Our Policy for carriage of sporting goods is set out on our Website or you may contact our Guest Contact Centre for more information. 9.3 All Travel (a) Right to Refuse Carriage. We may refuse to carry your Baggage (or refuse to continue to carry your Baggage, if a problem is detected after you first check in): i. if it does not meet the requirements set out in these Conditions or the Policies; ii. if it is not securely packed in suitable materials; iii. if it may cause discomfort or inconvenience to other Guests (for example, because of any odour it emits); or iv. for safety or operational reasons. (b) Right to Search. In addition to any searches required by Law, we reserve the right to search your Baggage at any time for example, to ensure that it meets our requirements for carriage of Baggage, including any requirements set out in the Policies or to verify ownership or contents of Baggage. We may refuse to carry you or your Baggage if you refuse to consent to a search. Your Checked Baggage may be searched in your absence. (c) You must remove all Carry-on Baggage from the aircraft upon disembarking and collect your Checked Baggage as soon as it is made available for collection. We will dispose of any Baggage not removed from the aircraft or not collected by you (without any liability to you) if it is not claimed within 30 days after the flight. Subject to applicable Laws, we are not liable for any Loss suffered by you if you have failed to remove all Carry-on Baggage from the aircraft upon disembarkation. (d) You must never include in your Baggage: i. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the IATA Dangerous Goods Regulations, and in our regulations. Please contact our Guest Contact Centre for further information; ii. items which are prohibited by Law; iii. items which we in our reasonable discretion refuse to take; iv. any item we have listed as a prohibited item in these Conditions. 9.4 Animals (a) Australian Domestic Travel: At our sole discretion (acting as agent for our freight company) and provided you have contacted us a reasonable time prior to the date of travel to make arrangements, a maximum of 2 animals per passenger may be transported as freight, subject to space availability, any special conditions imposed by us (or our freight company) and payment of the applicable charge. All such animals must be secured in an appropriate animal travel container. Animals accepted by us on behalf of our freight company are not considered part of your Checked Baggage and to the extent permitted by Law, we are not liable for such animals under paragraph 19.1. Carriage of animals will be in accordance with the Policies set out on our Website and will be subject to operational requirements. (b) All Travel: Service assist dogs accompanying you if you are sight or hearing impaired may be carried free of charge in addition to the Carry-on Baggage allowance, subject to any conditions specified by us including policies listed on our Website. International Travel passengers must bring all the dog’s health and vaccination certificates, entry permits and all other documents required by any applicable Laws, regulations or orders of any country to be flown from, to or over. To the extent permitted by law, we will not be liable for injury to or loss, illness, disability or death of any service assist dog, or in the event that it is refused entry into, or passage through any country, state or territory. 10. Guests who Require Special Assistance or Special Meals 10.1 Special Assistance If you require special assistance (for example, due to illness, incapacitation, limited mobility, or travelling as an unaccompanied minor) beyond that which we are required to provide by applicable Law, we will carry you provided that: (a) you have fully informed us of any special requirements at the time of making a Booking; (b) you have complied with any reasonable requests we may have (including complying with our Policies); and (c) we (and the operator of any relevant Codeshare Services) have agreed to provide the special assistance. 10.2 Special Meals – International Long Haul Only If you request a special meal when you make your Booking, we will try to ensure it is available on your selected flight. However, we will not be liable to you for any Loss, expense, or other damage should we, for any reason, be unable to provide your requested special meal. 11. Check-in 11.1 Domestic and International Short Haul (a) Unless otherwise stated in your Itinerary, you must check in for International Travel (including domestic legs of an international flight) at least 90 minutes prior to the scheduled departure time or as otherwise set out in your Itinerary and for Domestic Travel, at least 30 minutes prior to the scheduled departure time. (b) You must check in to board the flight at our check-in facility serving the place of departure. You will be advised of the check-in time for your flights in your Itinerary and/or by your Authorised Agent. However, flight times may change, and different airports may have different check-in deadlines, so you must also make sure you are aware of the check-in deadline for all of the flights shown on your Ticket. (c) If you are travelling domestically within Australia, you may check in on-line at www.virginaustralia.com , but must arrive at the airport at least 30 minutes prior to the scheduled departure time. Subject to the Fare Rules applicable to your Booking, if you fail to arrive at the airport and/or check in by the time specified, the fare and any Baggage Fee paid may be forfeited and we may cancel or re-allocate the Booking. 11.2 International Long Haul (a) You must check in to board the flight at our check-in facility serving the place of departure. You will be advised of the check-in time for your flights in your Itinerary and/or by your Authorised Agent. However, flight times may change, and different airports may have different check-in deadlines, so you must also make sure you are aware of the check-in deadline for all of the flights shown on your Ticket. (b) You must arrive at the airport early enough to allow you to complete check-in procedures before the check-in deadline and you must bring with you a valid passport, your Paper Ticket (or your Itinerary if you have been issued with an Electronic Ticket), and all necessary travel documentation for your Destination and your stopovers. 11.3 All Travel (a) You must bring with you all travel documentation necessary for us to accept you on your flight, including a valid passport (if travelling on an International Flight) or other valid and satisfactory identification, and all necessary travel documentation for your Destination and your Stopovers. You must present all of these documents to our staff at the airport if you are asked to do so. (b) You must keep any material we give you at check-in (such as a boarding pass and a baggage check document) until you complete your travel with us and you must permit us to make copies of them for security and procedural requirements, and as required by any Laws. (c) Arriving at the boarding gate. You must complete all departure formalities (such as clearing Immigration) in time to arrive at the boarding gate no later than the time specified to you at check-in and displayed on the flight information displays at the airport. (d) If you are late or you do not comply with the check-in procedures set out in these Conditions, we reserve the right to cancel your Booking, refuse to carry you, and to charge you a reasonable service fee, subject to the Fare Rules applicable to your Booking. 12. Schedule Changes and Disruptions 12.1 We will use all reasonable endeavours to provide to you the mode of transport or services the subject of the Booking but, in circumstances beyond our control, we may without notice substitute other means of transport or service. These Conditions apply to any such substituted transport or services and, subject to your rights under the Australian Consumer Law and other applicable Laws referred to in paragraph 2.4, we will not be liable for any Loss you may incur as a result of any such substitution. We operate a number of different aircraft types with unique equipment, interior layout and service offerings and do not guarantee that you will travel on a particular aircraft type or will be able to utilise in-flight entertainment systems. 12.2 There may be health and safety, security, weather, operational (for example, airport closures or low fuel due to airport congestion), mechanical or other reasons that may mean it is necessary or we reasonably believe it is necessary for your flight to land at a destination other than that specified in the Booking. If this occurs, we will make all reasonable endeavours to take you to the specified destination but subject to applicable Laws including the Australian Consumer Law, we do not have any obligation to you in relation to the time this will take, nor the means of transport that will be used. 12.3 It is very important to note that because air travel is inherently uncertain, scheduled flight times are estimated times only. When you make a Booking, we or an Authorised Agent will tell you the scheduled time of your flights. We do not guarantee flight times or schedules, and they do not form part of your contract of carriage with us. The scheduled times will also be noted on your Itinerary and may be noted on your Ticket. If we change the time of your flight, where practicable, we will make reasonable attempts to contact you or your Authorised Agent, using the contact details you have provided us. However, we are not able to guarantee we will contact you, and so you should check prior to your flight to make sure your flight times have not changed. 12.4 We will try to ensure that you and your Baggage depart and arrive as close as possible to the scheduled times. However, we do not guarantee that you or your Baggage will depart and arrive at the scheduled times. 12.5 As air travel is inherently uncertain, we may need to cancel or delay and reschedule flights or services due to reasons including (but not limited to) industrial action, landing restrictions, airport loading restrictions, unsuitable weather conditions, technical problems, operational reasons, or any event beyond our reasonable control. Scheduled flight times are not guaranteed. We are not liable for any Loss which you may incur as a result of any such delayed or rescheduled flight or service, except as provided for under the Australian Consumer Law, other applicable Laws or Conventions or in accordance with our Policies. 12.6 Denied Boarding If as a result of over-booking we are unable to provide you with previously confirmed space on any flight, you may be entitled to compensation in accordance with our Policies and/or under the Australian Consumer Law. 13. Connecting Flights 13.1 We may offer two or more flight sectors for sale as a scheduled connection ("Connecting Flight"). Subject to paragraph 11.1, in the event that a Connecting Flight fails to connect, we will use reasonable measures to enable you to travel on our next available flight to the destination at which you were due to arrive on the Connecting Flight. However, subject to the Australian Consumer Law, we do not provide any guarantee whatsoever that any two or more single sector flights (which are not offered for sale as Connecting Flights) will connect (even though you may book such single sector flights with the intention of those flights connecting). 13.2 Subject to these Conditions, your rights under the Australian Consumer Law and any other applicable Laws, we are not liable for or in connection with any Loss which you may incur as a result of any such single sector Booked flights failing to connect. 13.3 Other than for Connecting Flights, we do not offer, provide or guarantee connections between the flights we offer and the flights of another carrier or any other form of transport, and subject to the provisions of these Conditions, your rights under the Australian Consumer Law and any other applicable Laws, we are not liable for or in connection with any Loss which you may incur as a result of any such flight failing to connect with the flight of another carrier or another form of transport. 14. Refusal of Carriage 14.1 We are not a common carrier and, acting reasonably, may refuse to carry any person or Baggage, whether or not a Booking has been accepted or processed by us. 14.2 You may be refused entry, be requested to leave the aircraft or other means of transport or be physically restrained or removed: (a) if you are in breach of these Conditions, objectionable to other passengers or our employees or are, for any reason, disturbing, causing discomfort to or threatening the safety or security of other passengers or our employees or any of our property; or (b) if it appears to us that you are under the influence of alcohol or drugs or are not physically or mentally fit to travel; or (c) you require special assistance, but have not contacted us to make prior arrangements, or have provided us with inaccurate or incomplete information in relation to your requirements (we will rely on this right only to the extent permitted by applicable Law); or (d) you require medical or other special assistance; in order to comply with any applicable Laws, regulations, or orders of any state or country to be flown from, into or over. We are not liable for any Loss which you incur as a result; or (e) You do not have, or do not appear to have, valid travel documents for your country of origin or destination including evidence of COVID-19 vaccination status and COVID-19 test results if required for travel, or you destroy your travel documents en-route; or (f) You have failed to comply with our reasonable directions (including the directions of our staff and flight crew); or (g) You have not paid the Fare or any applicable taxes or charges, your Ticket has been reported lost or stolen (if applicable), has been dealt with by you in a way which contravenes these Conditions (eg transferred) or has otherwise been acquired unlawfully; or (h) You are, or are suspected to be, unlawfully in possession of drugs, or in possession of illicit drugs; or (i) You have tampered in any way with the aircraft or ground equipment, made a threat, or in any way put the safety of the aircraft in danger; or (j) If we reasonably believe that you may pose a threat to the safety or security of the aircraft, other passengers or our employees; or (k) You have done any of the things listed in paragraphs 14.2 on a previous flight (whether that flight was operated by Virgin Australia or another carrier) and we have reason to believe that you may do the same thing again. 14.3 If you are refused carriage due to your conduct – International Long Haul only If you are refused carriage as a result of one or more of the matters referred to in paragraph 14.2, we will provide you with a written notice of refusal of carriage. The notice may specify that you are refused carriage only for your ticketed flight, or it may specify a period of time during which we will not carry you. You must not travel or attempt to travel with us when the notice is in force. We reserve the right to cancel any Booking you make to travel on a Virgin Australia service when the notice is in force, and to the extent permitted by law refuse to provide you with a refund. 14.4 Refusal of carriage due to overbooking – International Long Haul flights to and from the US only (a) We may overbook flights to account for guests who do not arrive for their ticketed flight. If you are refused carriage because your flight has been overbooked, and you hold a valid Ticket and have complied with these Conditions in relation to Bookings, ticketing and check-in, then you may be entitled to compensation. (b) The compensation payable will: i. depend on the difference in time between when you were scheduled to arrive at your destination and when you actually arrive; and ii. be in accordance with applicable Laws including the Australian Consumer Law and in accordance with our Policies. 14.5 Refusal of Carriage due to Overbooking – Domestic and International Short Haul If you are refused carriage because your flight has been overbooked, you may be entitled to compensation in accordance with our Guest Compensation Policy and any applicable Laws, including the Australian Consumer Law. 14.6 Third Party Disclosures Where we have refused to carry you due to one or more of the reasons outlined in 14.2, we may share your personal information with third parties (including other carriers) if we deem it is necessary for security or safety purposes. 15. Conduct During Flight 15.1 When you travel on a Virgin Australia flight, you must: (a) respect our employees, including our flight crew and promptly obey any instructions given to you, including a direction to provide your travel documents to the flight crew; (b) listen carefully to the pre-flight safety briefing, read the safety card provided to you, identify your nearest exits, and familiarise yourself with the location and operation of safety equipment. (c) fasten your seatbelt whenever you are seated, even when you are sleeping. Make sure you know how to operate infant and child restraints, and use them only as directed by the flight crew; (d) remain in your seat with your seatbelt fastened whenever the “Fasten Seatbelt” sign is illuminated, and return to your seat and fasten your seatbelt if told to do so by the flight crew; (e) stow your cabin baggage as directed by the flight crew; (f) use electronic devices, such as personal music players, laptop computers, mobile phones, cameras and game devices, only when the flight crew tell you it is safe to do so. Do not use transmitting devices, such as radios and remote-controlled toys, while on board. If you do not comply with these directions, the flight crew may take your electronic device from you, and keep it until the end of the flight at which time it will be returned to you; (g) behave in a way which does not disturb or cause offence to your fellow passengers; (h) drink in moderation and only consume alcohol which we supply to you on the flight – not alcohol that you bring on board with you; and (i) use cameras or photographic devices (including mobile phones) for personal use only. You must comply with the directions of flight crew when using cameras or photographic devices while on board. 15.2 When you travel on a Virgin Australia service, you must not: (a) smoke; (b) behave in a manner which would be considered by a reasonable person to be offensive, or in a manner which might cause discomfort, distress, offence or injury to another person; (c) disobey the directions of the flight crew; (d) use illicit drugs on board our aircraft, or use prescription drugs which you are not medically required to take; (e) do anything which may endanger the safety of the aircraft on which you are travelling, or the safety of our flight crew or your fellow passengers; and (f) tamper, interfere with or damage any part of the aircraft or the equipment carried on board. 15.3 We reserve the right to take all steps which are reasonably necessary to ensure the safety of a flight, our employees and Guests on board that flight. If in the opinion of our crew you have not complied with your obligations in this paragraph 15 (and in particular, if you have done any of the things listed in paragraph 15.2), we may take steps which include any one or more of the following: (a) move you to another seat, or another part of the aircraft; (b) restrain you; (c) take any such other action as is reasonably necessary to ensure the safety of the flight, its Guests and our crew, including the reasonable use of force; (d) remove you from the flight; (e) divert the flight and offload you from it; (f) report you to the relevant authorities; (g) refuse carriage for the remaining journeys on your Booking; and (h) ban you from travelling on Virgin Australia services, for any duration of time we believe is appropriate. 16. After Your Flight 16.1 Baggage collection. Make sure you collect your Checked Baggage from the collection point advised to you by our staff when you arrive at your destination. 16.2 Lost Baggage. If you cannot find your Baggage, you must notify our staff at the airport and provide them with your Itinerary, Ticket and/or and baggage identification tag which was issued to you at check-in. 16.3 Wrong bag. If you collect the wrong bag, you must return it to the airport where you collected it, as soon as you discover the error. 16.4 If you don’t collect your baggage. If you do not collect your Baggage within 30 days after your flight, we will destroy it without notifying you and without paying you any compensation. 16.5 Leaving bags behind. We are not responsible or liable to you for any Loss you suffer as a result of leaving behind any Checked Baggage or Carry-on Baggage on board or at the airport. 17. Successive Carriers If your Ticket is for flights operated by Virgin Australia and other carriers, the carriage will be regarded as a single operation under the Convention and under applicable Laws. 18. Arrival Formalities and Administrative Requirements 18.1 Visas and entry documents. You are responsible for ensuring that you obtain and present at your Destination and any Stopover, all required travel documents. We are not responsible or liable to you if you have failed to obtain, or you have lost, these documents. 18.2 Entry rules and requirements. You must also comply with all entry requirements, rules and regulations of your Destination or any Stopover. This includes any immigration, customs and security requirements. We are not responsible or liable to you if you do not comply with these requirements, rules and regulations. 18.3 If you are refused entry or deported. If you are refused permission to enter a country during your journey on a Booking or are deported, then, regardless of the reason for the refusal of entry or deportation: (a) we will, if required by a governmental authority, transport you from the country that has refused you entry or deported you; (b) you must pay for any costs associated with the refusal of entry or deportation, including any fines and detention and repatriation costs; (c) we will not provide you with a refund for your Ticket for carrying you to the place where you were denied entry (except as required under the Australian Consumer Law), and may offset any unused sectors on your Booking or coupons of your Ticket (as applicable) to offset any repatriation costs or fines incurred by us as a result of your refusal of entry or deportation; and (d) you must reimburse us for any fines, penalties, Losses, expenses or damage which we reasonably incur as a result of you being denied entry or deported. 19. Limitation on Liability 19.1 General (a) These Conditions of Carriage govern our liability to you. You have certain rights under the Australian Consumer Law, the Conventions or other applicable Laws that we are not able to limit or exclude. Nothing in these Conditions of Carriage limit or exclude our liability to you that we cannot limit or exclude. 19.2 Exclusions (b) To the extent we are permitted to limit our liability to you under applicable Laws and Conventions and subject to clauses 19.3, 19.4 and 19.5, we are not liable for or in connection with any: (i) Loss sustained to Baggage, including (without limitation) Loss which is solely the result of normal wear and tear;(ii) illness, injury or death of any person, including (without limitation) any illness, disability or personal injury to you, or your death, caused or aggravated by the air travel where such travel posed a risk to you due to your age, physical or mental condition; (iii) Loss caused by your negligence or breach of these Conditions or your failure to comply with applicable Laws, regulations, orders or requirements of any applicable country; (iv) Loss caused by our compliance with applicable Laws, regulations, orders or requirements of any applicable country; (v) death, personal injury, delay or Loss caused by anything in your Baggage (and you agree to indemnify us for any death, injury, delay or Loss caused by your Baggage to other persons or property, including our property); or (vi) Loss arising out of or in any way connected to the provision of transport and other services to you (whether arising from negligence or otherwise) including, without limitation, any change to the transport or services described in or covered by the Booking or inaccuracies or errors in any information related to transport, services or pricing. We will rely on all limitations of liability and defences under the Convention and any applicable Laws. We reserve all rights against any other person, including rights of contribution and indemnity. 19.3 Our liability to you (a) Unless other required by law, and unless your right to claim damages has either expired earlier or been extinguished by these Conditions, the Convention or other applicable Laws, your right to claim damages against us will expire if you do not bring an action within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. To avoid doubt, nothing in this clause is intended to exclude, restrict or modify any guarantee, right or remedy you may have that cannot be excluded, restricted or modified. (b) To the extent permitted by Law and subject to your rights under Australian Consumer Law, our liability for a breach of these Conditions or related obligations will not exceed re-supply or the payment of the cost of re-supply of the service in question. You may also be entitled to a refund and compensation in accordance with our Policies or under the Australian Consumer Law. 19.4 Our liability to you - Australian Domestic Flights: our liability is limited by the provisions of the Civil Aviation (Carriers’ Liability) Act 1959 (Cth), complementary State legislation and these Conditions to: AUD$3,000 in respect of destruction, Loss or injury to your Checked Baggage; AUD$300 in respect of destruction, Loss or injury to your Carry-on Baggage; and AUD$925,000 in respect of bodily injury to you or your death. If we are responsible in any way for your carriage by water, any liability is limited to the extent permitted by the Navigation Act 1912 (Cth). 19.5 Our liability to you - International Travel: where your journey involves International Travel, then the Montreal Convention or the Warsaw Convention may govern and limit our liability for personal injury or death and for Loss of or damage to Baggage (other than on a Booking made in the UK or a country in the European Union), as follows: (a) For bodily injury or death: i. where the Montreal Convention applies, if we prove that your bodily injury or death was not due to our negligence or wrongful conduct, or was solely due to the negligence or wrongful conduct of a third party, then our liability is limited to 128,821 Special Drawing Rights; and ii. where the Warsaw Convention applies, 125,000 francs. (b) For Loss of or damage to your Baggage: i. where the Montreal Convention applies, unless you prove that the damage resulted from intentional or reckless conduct on our part and we knew that damage would probably result from it, our liability is limited to 1,288 Special Drawing Rights; and ii. where the Warsaw Convention applies, a maximum of 5,000 francs for Carry-on Baggage and 250 francs per kilogram for Checked Baggage. If the weight of your Checked Baggage is not recorded on the baggage check, it is presumed that the total weight of the Checked Baggage does not exceed the applicable Weight Limit. The value of a Special Drawing Right on a particular day is the sum fixed and published on the official website of the International Monetary Fund (IMF) for that day. The value of a franc is determined by reference to the rate of 6.55957 francs for 1 euro. 19.6 Bookings Made in the UK or EU. The provisions set out in Annexure A to these Conditions will apply in respect of our liability to you if you made your Booking in the UK or a European Union country. 19.7 Baggage – All Travel (a) You must not pack the following items as Checked Baggage. Subject to the Australian Consumer Law, your right to recover damages for their Loss or damage will be limited under the applicable international Convention unless the items are identified to us and we have, in our absolute discretion, given our written acceptance for carriage and accepted liability in writing for their Loss or damage: i. cash, credit cards, deeds, passports and other travel documents, securities, business documents or other valuable documents; ii. jewellery, antiques, precious metals or similar valuable items; iii. any item of a delicate, fragile or brittle nature eg. glassware, sports equipment, musical instruments; iv. any item of a perishable nature eg. food; v. electrical or electronic components eg. computers, cameras; and vi. any item that has insufficient packaging to withstand the normal circumstances and effects of carriage by air. (b) Virgin Australia is not liable for any damage that results from the inherent defect, quality or vice of the baggage. (c) Any acceptance by us of items specified in this paragraph 19.7 is subject the provisions of these Conditions (d) To the extent permitted by law, our liability for lost or damaged Baggage is based on the depreciated value of the baggage and is limited to the actual loss suffered by you. 19.8 Guests travelling to and from Canada If you are denied boarding or your baggage is lost or damaged, you may be entitled to certain standards of treatment and compensation under the Air Passenger Protection Regulations. For more information about your passenger rights please contact your air carrier or visit the Canadian Transportation Agency’s website. Si l’embarquement vous est refusé ou si vos bagages sont perdus ou endommagés, vous pourriez avoir droit au titre du Règlement sur la protection des passagers aériens, à certains avantages au titre des normes de traitement applicables et à une indemnité. Pour de plus amples renseignements sur vos droits, veuillez communiquer avec votre transporteur aérien ou visiter le site Web de l’Office des transports du Canada. 20. Claims By You 20.1 Bodily Injury or Death Claims. If: a) you have a claim for bodily injury; or (b) your personal representative has a claim for your death, you or your personal representative as applicable, should notify us in writing as soon as possible of the claim. 20.2 Baggage Claims (a) General. Your acceptance of Checked Baggage without complaint at the time of delivery is reasonable evidence that the Baggage has been delivered in good condition and in accordance with these Conditions, unless you prove otherwise. (b) Australian Domestic Travel. If you wish to make a claim from us in relation to damage or loss of Baggage, you should do so in writing as follows: i. in respect of damage to or loss or destruction of only part of Checked Baggage, within 3 days of you receiving the remainder of the Checked Baggage from us; or ii. in respect of loss or destruction of a whole item of Checked Baggage, within 21 days from the date you should have received the Checked Baggage from us; or iii. in respect of damage, loss or destruction of Carry-on Baggage, within 7 days from the date the carriage ended. (c) International Travel. If you wish to make a claim from us in relation to damage or loss of Baggage, you should do so in writing as follows: i. in respect of damage to or loss or destruction of Checked Baggage (or part thereof), within 7 days of when you should have received the Checked Baggage from us; ii. in respect of damage, loss or destruction of Carry-on Baggage, within 7 days from the date when the carriage ended; or iii. in respect of delay of Checked Baggage, within 21 days of when you receive the Checked Baggage from us. 21. Third Party Taxes and Fees The price of the travel the subject of the Booking may include taxes, imposts or fees which are imposed by governments or other authorities in relation to air transportation. You may be required to pay taxes, imposts or fees which have not already been collected. 22. Privacy You agree that your personal information will be managed in accordance with our Privacy Policy. Our Privacy Policy is available on our website. If you would like to receive our Privacy Policy by post please contact our Guest Contact Centre. We are required to collect your personal information in order to process your Booking and to communicate with you about your Booking. If we cannot collect from you the minimum amount of personal information required to complete your Booking, we will not be able to process your Booking, and a contract of carriage is not formed with us. If you are travelling to the United States, we are required to provide the United States Transportation Security Administration (TSA) with your full name, date of birth and gender for the purpose of watch list screening, under the authority of 49 U.S.C. section 114, the Intelligence Reform and Terrorism Prevention Act of 2004 and 49 C.F.R parts 1540 and 1560. If we are not able to collect and disclose this personal information, you may not be able to travel with us to the United States or pass through border security in the United States. The TSA may share information you provide with law enforcement or intelligence agencies or other under its published system of records notice. For more on TSA privacy policies, or to review the system of records notice and the privacy impact assessment, please see the TSA website at www.tsa.gov. Annexure A - EC Regulation 2027/97 (889/2002) This Annexure only applies to passengers travelling from the UK or a European Union country. This notice is required by European Community Regulation (EC) No. 2027/97 as amended by EC No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montreal or Warsaw Conventions. It does not form part of the contract between Virgin Australia and you. Approximate conversions from Special Drawing Rights (SDRs) to Euros are provided as a guide only and will be subject to change in currency conversion rates. Air Carrier Liability for Passengers and Their Baggage This information notice summarises the liability rules applied by Virgin Australia in respect of international carriage. Compensation in the Case of Death or Injury There are no financial limits to our liability for passenger injury or death. For recoverable compensatory damages up to 113,100 SDRs (approximately EUR127,200) in respect of death or bodily injury caused by an accident on board the aircraft or during embarking or disembarking, we will not exclude or limit our liability, except where there is contributory negligence on the part of the passenger. Above that amount, we can defend ourselves against a claim by proving that: where the Warsaw Convention applies, we took all necessary measures to avoid the damage or that it was impossible for us to take such measures; where the Montreal Convention applies, we were not negligent or otherwise at fault. Passenger Delays In the case of passenger delay: where the Warsaw Convention applies, we will be liable for damage except when we can prove that we took all necessary measures to avoid the damage or that it was impossible for us to take such measures; where the Montreal Convention applies, we will be liable for damage except when we can prove that we took all measures that could reasonably be required to avoid the damage or that it was impossible for us to take such measures. Our liability under the Montreal Convention is limited to 4,694 SDRs (approximately EUR5,281). Baggage Destruction, Loss, Damage or Delay Our liability for the destruction, Loss of, damage to or delay in the carriage of baggage, subject to applicable defences, is as follows: where the Warsaw Convention applies, our liability is limited to 17 SDRs (approximately EUR20) for each kilo of a passenger's checked baggage and 332 SDRs (approximately EUR380) for a passenger's cabin baggage; where the Montreal Convention applies, our liability is limited to a total of 1,131 SDRs (approximately EUR1,272) per passenger for both checked and cabin baggage together. However, in the case of unchecked baggage, we are only liable if at fault. Complaints on Baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to us as soon as possible, but in any event, in the case of damage to checked baggage, it must be within 7 days, and in the case of delay, it must be within 21 days, from the date on which the baggage was placed at the passenger's disposal. Liability of Contracting and Actual Carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket for a particular flight that air carrier is the contracting air carrier for that flight. Time Limit for Action Any action in court to claim damages must be brought within 2 years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. eBay User Agreement 1. Introduction Welcome to eBay. By using the eBay.com.au website and any related service or tool ("the eBay services"), you agree to the following terms with eBay. If you have any questions, please contact Customer Service. The entity you are contracting with is: eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland if you reside in Australia; eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125 if you reside in the United States; eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, if you reside in the United Kingdom; eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany if you reside outside the United Kingdom but within the European Union; eBay Canada Limited, 240 Richmond Street West, 2nd Floor Suite 02-100 Toronto, Ontario, M5V 1V6, Canada, if you reside in Canada; eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if you reside in India; eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland, if you reside in any other country. In this User Agreement, these entities are individually and collectively referred to as "eBay", "we" or "us". 2. Scope Before using the eBay services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the eBay User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. All policies and additional terms posted on our site are incorporated into this User Agreement. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the eBay services, or when you use the tools we make available to interact with the eBay services. If you use an eBay site other than eBay.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some eBay services may have additional or other terms that we provide to you when you use those services. For example, sellers using eBay's payment services (described in Clause 17 below) also agree to the Payments Terms of Use - opens in new window or tab with the applicable payment entity as set out in those terms. 3. Using eBay While using the eBay services, you will not: post content or items in inappropriate categories or areas on our sites and services; infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies; use the eBay services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the eBay services; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the seller's identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other users' listings; circumvent or manipulate our fee structure, the billing process, or fees owed to eBay; post false, inaccurate, misleading, defamatory or offensive content (including personal information); take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to eBay); list any financial products or financial services (as those terms are defined in the Corporations Act 2001), and you agree to the terms of eBay's Stocks and securities policy; transfer your eBay account (including Feedback) and user ID to another party without our consent; share your sign-in credentials with any third parties. If you require authorised third parties (employees, agents etc.) to have access to your account, we offer a Multi-user account access program for that purpose; distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes; distribute viruses or any other technologies that may harm eBay or the interests or property of eBay users; export or re-export any eBay tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the eBay services or eBay's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. 4. Abusing eBay eBay and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. eBay's Verified Rights Owner (VeRO) Program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our VeRO team and we will investigate. The availability of the eBay services is dependent upon all users complying with applicable laws and eBay policies which are designed to ensure that all users can enjoy the benefits of those services. In order to ensure the ongoing availability and benefits of the eBay services for all users, you agree that, without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the eBay services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we reasonably consider that any conduct engaged in by such users creates or may create actual or possible legal liabilities, infringes the intellectual property rights of third parties, is inconsistent with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-eBay transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users), amounts to an abuse of our staff, or adversely affects, hinders or prevents the provision of our services to other users. The actions we take will be commensurate with the nature of the issue we have identified and what is reasonably required to protect the interests of users of the eBay services as a whole and the legitimate interests of eBay as provider of the services. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue eBay services. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item. 5. Fees and services Joining eBay and bidding on listed items is free. We do charge fees for using other services. In some cases, where a buyer receives supplemental services for items in certain categories, we may also charge the buyer for such supplemental service. The fees we charge sellers for using our services are listed on our fee schedules linked below: Selling fees without an eBay Store eBay Stores selling fees eBay Stores selling fees for registered businesses Fees for selling a vehicle on eBay Motors When you list an item directly through eBay.com.au listing flows or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. We may change our seller fees from time to time by posting the changes on the eBay site 30 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees. If you do not accept the revised fees, you must immediately take steps to close your account in accordance with Clause 19. Where you have outstanding listings at the time of the fee change taking effect and prior to closure of your account taking effect, you agree that the revised fees will apply to such listings unless and until you remove those listings or your account is closed, whichever occurs first. If you are a seller, you are liable for fees arising out of all sales made using some or all eBay services, even if sales terms are finalised or payment is made outside of eBay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you will be liable to pay a final value fee applicable to that item. Sellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. Unless otherwise stated, all fees are quoted in Australian Dollars. You must have a payment method on file when selling using our services and pay all fees and applicable taxes associated with your use of our services by the payment due date. In the event that your payment method fails or your account is past due, the eBay Payments Entities (as defined below) may collect amounts owed in the manner described in the Payments Terms of Use - opens in new window or tab. If you are an existing seller who has not yet registered to use the payment service as described in Clause 17 and the Payments Terms of Use - opens in new window or tab, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, and using any credits on your account. In addition: You may be subject to late fees; and We may limit or suspend the services which eBay provides to you, including by not displaying your listings. 6. Content When you upload content to the eBay website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights) you have in the content, in any media known now or in the future, for the purpose of the conduct of eBay's business insofar as eBay, acting reasonably, determines is necessary – including for marketing purposes, the creation of buyer experiences onsite such as product pages and the display and rating of products, and in catalogues on its websites. If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to eBay and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“eBay Authorised Persons”): (a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world: (i) in whatever form and in whatever circumstances eBay and the eBay Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and (ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and (b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have. For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including eBay users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay's sites. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings). 7. Trading on eBay and limitation of liability While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold eBay responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy goods and services, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not a party to the contracts for sale between buyers and third-party sellers. Unless otherwise expressly provided, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems. When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not eBay – are responsible for enforcing any rights that you may have. You alone, and not eBay, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement. We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the eBay services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the eBay services. To the extent that eBay is able to limit the remedies available under this Agreement, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies: the supply of the services again; or the payment of the cost of having the services supplied again. 8. Release If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Subject to other terms in this agreement, this release does not apply where eBay's acts or omissions were a direct cause of the matters giving rise to the dispute. 9. Breach Without limiting other remedies available to eBay at law, in equity or under this Agreement, to protect our legitimate business interests we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if: you have, or we reasonably believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 25 below); you have, or we reasonably believe that you have, breached the conditions of the Payments Terms of Use - opens in new window or tab; we are unable to verify or authenticate any information you provide to us; we reasonably believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature. In circumstances where we reasonably believe that there are legitimate business reasons for withholding details of any investigation we conduct or any action we take in relation to your membership or your account (including but not limited to security, confidentiality and privacy reasons), we may be unable to provide you or other members with such details other than those that are already provided to you by us. 10. Returns and eBay Money Back Guarantee Returns as a buyer Buyers can request a return or report that they didn't receive an item from their Purchase history - opens in new window or tab. If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy. Where a buyer is responsible for return postage costs, the buyer may elect to use an eBay-generated postage label or purchase a postage label directly from a carrier. By choosing to use an eBay-generated postage label, you (as a buyer) authorise eBay to deduct the return postage costs from your refund amount. Returns as a seller Sellers can create their own rules to automate returns, and refunds in certain circumstances. Further, eBay may auto-accept returns if the return request meets the seller’s returns policy or the terms of the eBay Money Back Guarantee policy. Where a return request is automatically accepted, an eBay-generated return postage label will be provided to the buyer. You agree to comply with our returns requirements. When an item is returned, or if a transaction is cancelled after payment has been completed, you (as seller) authorise the applicable eBay Payment Entity to collect the amount of the reimbursement from you as described in the Payments Terms of Use - opens in new window or tab in order to refund the buyer. As a seller, you authorise and instruct us: to automatically accept a return request on your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or the eBay Money Back Guarantee policy; to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to collect return postage costs from you if your returns have been automated and an eBay-generated return postage label is used; to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to collect return postage costs from you, in cases where you are responsible for paying return postage; to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to reverse the refund amount (in same or other currency) in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing's return policy; to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to collect or reverse variable amounts (representing payments related to covered claims) to carry out a buyer reimbursement, including amounts in other currency holdings where you do not have sufficient funds available in the transaction currency; to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) at any point during the resolution process (which may result in your applicable eBay Payment Entity determining to restrict your access to funds in order to manage their risk exposure pursuant to their policies – see clause 11: Restricting funds); to request your applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by charging you for the reimbursement amount; and to use credits on your account to pay for amounts you owe to eBay. You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on eBay and implement the terms of the eBay Money Back Guarantee policy. You must have a payment method on file with eBay and you may change this payment method at any time. In the event that your payment method fails or your account is past due, the applicable eBay Payment Entity may collect amounts owed in the manner described in the Payments Terms of Use - opens in new window or tab. If you are an existing seller who has not yet registered to use the payment service as described in Clause 17 and the Payments Terms of Use - opens in new window or tab, we (or one of our affiliates) may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, and using any credits on your account. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the eBay Money Back Guarantee refund or reimbursement or instructing the applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab to deduct the outstanding amount from the proceeds of sales they hold on your behalf. eBay Money Back Guarantee If an item is not received, an item differs from the listing, or a seller doesn't fulfil their return policy as stated in the listing, the eBay Money Back Guarantee policy, which is part of this User Agreement and incorporated by reference, will apply. As stated in the policy, the cost of return postage for an item that is not as described will usually be the seller's responsibility. Buyers and sellers agree to comply with the eBay Money Back Guarantee policy and Condition of returned items policy and acknowledge that we may automate some aspects of the resolution process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by reversal of the transaction processed by the applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab, or by reimbursing eBay in cases where we refunded the buyer directly. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. As a buyer, you will be precluded from bringing an eBay Money Back Guarantee claim if you already have made or are making a claim with PayPal or have filed or are filing a chargeback with your card issuer or other payment method providers in respect of the same transaction. We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons. Certain categories of items are excluded from the eBay Money Back Guarantee, and other conditions apply. Please refer to the eBay Money Back Guarantee policy for more details. This clause does not act as a substitute to, or otherwise limit, relevant laws, including the Australian Consumer Law. 11. Restricting funds You acknowledge that eBay may incur costs or suffer loss as a result of conduct by you as a seller which is in breach of this agreement, including eBay policies and/or which give rise to a claim by a buyer on eBay. To protect against the risk of such costs or losses arising and/or to minimise the amount of any such costs or losses, the applicable eBay Payment Entity as set out in the Payments Terms of Use - opens in new window or tab may restrict access to your funds based on the factors described in the Payments Terms of Use - opens in new window or tab. 12. Click & Collect service Click & Collect is an eBay service that allows a buyer to have their eBay order sent to a collection location of their choice, or to pick up their order from a retailer's own store location. Click & Collect as a seller Sellers whose items are eligible for Click & Collect at Parcelpoint or HUBBED are subject to our Click & Collect terms of use for sellers - opens in new window or tab, which are part of this User Agreement and incorporated by reference. Click & Collect as a buyer You will receive a notification from eBay when your item is ready for collection. When collecting from the retailer, you may also be notified by them. If you provide eBay with your telephone number at checkout for the purposes of receiving this notification, this information will be treated in accordance with our User Privacy Notice. You can only collect orders from the location selected when completing your purchase. You will be required to present your collection code, if applicable, and may be required to present photo identification. Your order will only be held at the selected location for a limited time. Uncollected items aren't eligible for eBay Money Back Guarantee. For purchases where you select a Click & Collect location within the Parcelpoint or HUBBED network: The respective company's terms of service apply in addition to the terms of this User Agreement: Parcelpoint End User Terms of Service - opens in new window or tab HUBBED Terms of Service - opens in new window or tab "Free Click & Collect" as used on the Site means that there is no additional charge for selecting Click & Collect as a delivery method. Postage charges (as specified in the seller's listing) may still apply for delivery to the Parcelpoint or HUBBED location. For purchases where you choose to collect your item from the retailer's own store location, our Click & Collect (from the Retailer) Terms of Use - opens in new window or tab apply and are incorporated into this User Agreement by reference. For Click & Collect from a retailer's own store: Item availability at particular stores, estimated collection times, store hours, address and collection instructions as displayed on the site are provided by the seller and may not have been updated in real time. The seller (and not eBay) is responsible for any customer support and returns. Please check the seller's listing for details of their returns and cancellations policies – including how any applicable refund will be processed – and contact the seller prior to purchase with any questions. These purchases are not covered by eBay Money Back Guarantee. 13. eBay Plus eBay Plus is an eBay program that allows eBay customers to pay an annual membership fee and receive member-only benefits, such as free delivery and free returns on eBay Plus purchases. eBay will display the eBay Plus badge on eligible listings based on criteria determined by eBay. eBay Plus as a buyer When you join eBay Plus as a buyer, you accept and agree to the eBay Plus Terms and Conditions - opens in new window or tab, which are part of this User Agreement and incorporated by reference. eBay Plus as a seller By using the eBay services and meeting eBay Plus criteria on one or more of your listings, you acknowledge and agree that: You may be required to fulfil orders with express delivery at your expense; eBay does not guarantee that the eBay Plus badge will appear on your listing, eBay's decision as to which items the eBay Plus badge is displayed on is final and eBay may include or remove sellers from eBay Plus participation at its absolute discretion; eBay will be entitled to take necessary action against sellers who abuse the eBay Plus program or violate eBay's policies including, without limitation, recovering postage costs charged by sellers that exceed the actual postage cost for posting the item (being the amount charged by the carrier); and You will not misrepresent the eBay Plus service as your own service (whether through direct hyperlink, advertising, promotions or any other means), nor advertise or promote the eBay Plus service in a manner not approved by eBay in writing. If you do not wish to have any of your listings included in eBay Plus, you will be able to opt out of eBay Plus in your account preferences. 14. Access and interference The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the eBay services for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of eBay and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites. 15. Listing conditions By listing an item on eBay's sites, you agree to comply with eBay's rules and policies including Listing policies and Selling practices policy. You also agree to pay eBay's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on eBay's sites, your listing will be posted on eBay's sites and can be viewed in My eBay - opens in new window or tab; Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so eBay can't guarantee exact listing durations; Content that violates any of eBay's policies may be modified, not displayed or deleted; We may revise data in the eBay product catalogue to supplement, remove, or correct information. If your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly; Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed seller ratings (learn more about where your listings appear in search and browse results); and You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells. 16. Buying and selling internationally Many of our services are accessible internationally. Buyers and sellers registered on eBay.com.au can use any of our international eBay sites to buy and sell items. Items available on eBay.com.au may be located overseas and/or sold by international sellers. Items listed on eBay.com.au may be purchased by a buyer who is using a different eBay site. Buyers and sellers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items, including paying any applicable taxes such as GST or VAT, duties, or other fees or charges. For more information, see the International trading policy. Buyers and sellers registered on eBay.com.au should be aware that any purchase will be subject to the User Agreement and applicable policies of the eBay site where the buyer completed checkout, including any buyer protection programs, as detailed in the International selling policy. Before using an eBay site other than eBay.com.au to make a purchase or list an item for sale, you should review the terms of the User Agreement and applicable policies as published on that other eBay site, particularly as different selling fees may apply, and any disputes may be governed by the laws of overseas jurisdictions and may have to be prosecuted in overseas courts or other forums. As a seller, when listing an item on eBay.com.au: If you choose to offer an international postage option, you agree that we may display your listing on another eBay site based on these settings, but acknowledge that the appearance of your listings on sites other than eBay.com.au is not guaranteed. Even if you do not select an international postage option at the time of listing, you acknowledge that your item may still appear on and be sold to a buyer who is using a different eBay site. You may stop your listing from appearing on international sites or restrict international buyers from purchasing your items by adjusting your postage settings, as detailed in the International selling policy. We may offer certain programs, tools and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international postage calculation tools. You authorise us to use automated tools to translate your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed. 17. Payment services Payments for goods and services sold using the eBay services are facilitated by designated eBay entities (each an "eBay Payment Entity") pursuant to the Payments Terms of Use - opens in new window or tab. You agree to the Payments Terms of Use - opens in new window or tab to the extent applicable to you. To receive payment for an item sold using our services, you must accept and comply with the Payments Terms of Use - opens in new window or tab, including the requirements to provide the applicable eBay Payment Entities information about you, your business, and the financial account you will use to receive payments. If you are a buyer: You may pay for such items and services using the payment methods that the eBay Payments Entities make available, and the eBay Payments Entities will manage settlement to sellers. Buyers agree and understand that payments received by the applicable eBay Payments Entity from buyers (via third parties such as credit and debit card issuers and payments service providers) are received on behalf of sellers and satisfy buyers' obligations to pay sellers in the amount of payments received. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with eBay's internal risk controls or due to potential violations of any policy of eBay or the eBay Payments Entity, or a policy of one of the eBay Payments Entity's third-party payments services providers. eBay, the eBay Payments Entity or its affiliates may save payment information, such as credit card or debit card numbers and card expiry dates, entered by you on eBay services when you make a purchase, redeem a voucher, or make any other transaction on eBay services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on eBay services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method under Payments - opens in new window or tab in My eBay. You are responsible for maintaining the accuracy of information we have on file, and you consent to eBay updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorised to use. You may seek returns or cancellations, or file eBay Money Back Guarantee claims as they relate to our services. If you are entitled to a refund, the eBay Payment Entity will issue the refund if the eBay Payment Entity processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks. You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the eBay Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payment services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with payment transactions on eBay. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the eBay Payment Entity has no control over, or responsibility or liability for, such fees or actions. 18. Tax on consumer purchases Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, Value Added Tax (VAT) or other taxes that apply to items bought on eBay. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office - opens in new window or tab, your local tax or customs authority, or seek independent tax advice. In any jurisdiction where eBay has an obligation to collect tax on consumer purchases made using our services: eBay may add the applicable tax to the item price displayed to the buyer; eBay will display the tax amount at checkout once the buyer's order and delivery address are confirmed, and this will be included in the order total paid by the buyer; eBay will collect this tax amount via any means available to us, including collection through the applicable eBay Payment Entities in the manner described in the Payments Terms of Use - opens in new window or tab, and remit the tax to the relevant authority. For more details, please see our Tax policy. As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order. As a seller, you acknowledge and agree that where eBay has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by eBay. 19. Closing your account You may close your eBay account at any time, subject to: not having any outstanding items listed on the website; and resolving any outstanding matters (such as a suspension or restriction on your account); and paying any outstanding fees owing on the account. 20. Privacy We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us - opens in new window or tab and choose not to receive certain communications - opens in new window or tab by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services. Privacy of Others; Marketing If eBay provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so. 21. Indemnity You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the eBay services. 22. No agency eBay is not your agent for any purpose in relation to this Agreement or your use of the eBay services. 23. Notices Legal notices must be served on eBay's registered agent (in the case of eBay) or to the email address you provide to eBay during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing. Any notices to eBay's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay Marketplaces GmbH c/- Corrs Chambers Westgarth, Quay Quarter Tower, 50 Bridge Street, Sydney NSW 2000, Fax: (02) 9210 6611. 24. Legal disputes If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to eBay's registered agent in accordance with Clause 23 above. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Law and forum for legal disputes This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 25. Additional terms It is important to read and understand all our policies as they provide the rules for trading on the eBay site. You should read the eBay rules and policies overview to see the rules that apply to you. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to: User Privacy Notice eBay Money Back Guarantee policy Site outages Prohibited and restricted items policies Discussion boards usage policy Rules for listings Rules about intellectual property Offers to buy or sell outside of eBay policy Each of these policies may be changed from time to time. We may amend the policies by posting the amended terms on eBay.com.au. Except if otherwise stated on the policy page, all amended terms will automatically be effective 30 days after they are initially posted. The amended terms may come into effect sooner, depending on the circumstances giving rise to the need to change the policy. For example, policies may come into immediate effect as a result of urgent public health or safety requirements. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites. You should regularly review the terms of any applicable policies before using eBay.com.au. All such policies or rules are incorporated into this User Agreement. 26. General eBay is located at Helvetiastrasse 15/17, 3005 Bern, Switzerland. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches. We may amend this Agreement at any time by posting the amended terms on eBay.com.au. We will also notify you of any material amendments through eBay Messages - opens in new window or tab (in My eBay) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 19 of this Agreement. Where you have outstanding listings at the time of the amendment taking effect and prior to closure of your account taking effect, you agree that the amendments will apply to such listings unless and until you remove those listings or your account is closed, whichever occurs first. This Agreement contains the entire understanding and agreement between you and eBay. The following Clauses survive any termination of this Agreement: Fees and services (with respect to fees owed for our services), Release, Content, Trading on eBay and limitation of liability, Indemnity and Legal disputes. eBay User Privacy Notice 1. Scope and updates of this User Privacy Notice This User Privacy Notice applies to your use of this website and all eBay applications, services (including payment services), products and tools (collectively the "Services"), regardless of how you access or use these Services, including access via mobile devices and apps. For additional regional disclosures, please see section 12. Regional and State Privacy Disclosures below. Learn more   Controller 2. Controller Which eBay group company is responsible for the collection and processing of your personal data in connection with the provision of the Services depends on how you use our Services. 2.1 Use of the Services Depending on the region in which you are located, one of the following eBay group companies is responsible for the collection and processing of your personal data in connection with the provision of our Services (except payment services for sellers): USA: eBay Inc., 2025 Hamilton Avenue, San Jose, CA 95125, USA Canada: eBay Canada Limited, 240 Richmond Street West, 2nd Floor Suite 02-100 Toronto, Ontario, M5V 1V6, Canada EU: eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany United Kingdom: eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom India: eBay Singapore Services Private Limited, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315 For all other countries: eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005 Bern, Switzerland 2.2 Use of the payment services for sellers Depending on the region in which you are located and whether we provide our payment services there, the following eBay group companies are responsible for the collection and processing of your personal data in connection with the provision of our payment services to sellers: USA: eBay Commerce Inc., 2065 Hamilton Ave., San Jose, CA 95125, USA EU: eBay S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg UK: eBay Commerce UK Ltd., 1 More London Place, London SE1 2AF, United Kingdom Canada: eBay Commerce Canada Limited, 44 Chipman Hill, Suite 1000, Saint John NB E2L 2A9, Canada Australia: eBay Commerce Australia Pty. Ltd., Level 18, 1 York Street, Sydney NSW 2000, Australia As described in our Payments Terms of Use, your personal data may be processed by one or more of these companies depending on your location and the location of the eBay website on which a user completes a transaction with you. 2.3 Disclosure to other entities overseas Your personal data may be disclosed to recipients located overseas including but not limited to: India, Philippines, Switzerland, UK, and USA.   Data protection officer and contact 3. Data protection officer and contact We have appointed data protection officers in several countries to oversee the protection of your personal data. You will find the contact details of your data protection officer in the list of our data protection officers - opens in new window or tab in our eBay Privacy Center. Furthermore, if you have any questions or complaints regarding this User Privacy Notice, our global data protection principles (see section 6.1 Data transfers to eBay Inc. corporate family members under section 6. International data transfers below) or our handling of personal data, you can contact the eBay Privacy Team or the controller who is responsible for the processing of your personal data at any time (for further information, see section 2. Controller above). This applies regardless of whether we have appointed a data protection officer in your country or not. You can find all necessary information and contact details - opens in new window or tab in our eBay Privacy Center - opens in new window or tab.   What personal data we collect and process 4. What personal data we collect and process We collect your personal data when you use our Services, create a new eBay account, provide us with information via a web form, add or update information in your eBay account, participate in online community discussions or otherwise interact with us. We also collect personal data from other sources (such as other eBay Inc. corporate family members, credit agencies or bureaus, and data providers). Learn more   Purposes and legal basis for data processing and categories of recipients 5. Purposes and legal basis for data processing and categories of recipients We process your personal data for various purposes and based on several different legal bases that allow this processing. For example, we process your personal data to provide and improve our Services, to provide you with a personalised user experience on this website, to contact you about your eBay account and our Services, to provide customer service, to provide you with personalised advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with third parties, including service providers acting on our behalf, for these purposes. In addition, we may share your personal data among eBay group companies in order to fulfill our contract with you under the User Agreement and, if applicable, the Payments Terms of Use. Learn more   International Data Transfers 6. International data transfers Some recipients of your personal data are located outside your country or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. When transferring personal data to such recipients, we provide appropriate safeguards. Learn more   Storage duration and erasure 7. Storage duration and erasure Your personal data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this User Privacy Notice (see section 5. Purposes and legal basis for data processing and categories of recipients for more information on the processing purposes). Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged or permitted to keep your personal data longer (e.g. for legal compliance, tax, accounting or auditing purposes, or to detect and prevent fraudulent or illegal activity on eBay). In Europe, the retention periods are generally between 6 and 10 years (e.g. for contracts, notifications and business letters). As far as legally permissible or required, we restrict the processing of your data instead of deleting it (e.g. by restricting access to it). This applies in particular to cases where we may still need the data for the execution of the contract or for the assertion of or defence against legal claims, or where such retention is otherwise required or permitted by law. In these cases, the duration of the restriction of processing depends on the respective statutory limitation or retention periods. The data will be deleted after the relevant limitation or retention periods have expired. Learn more   Rights as a data subject 8. Rights as a data subject Subject to possible restrictions under national law, as a data subject, you have the right to access, rectification, erasure, restriction of processing and data portability with regard to your personal data. In addition, you can withdraw your consent and object to our processing of your personal data on the basis of our legitimate interests. You can also lodge a complaint with a supervisory authority. Learn more Exercising your rights and managing your settings   Cookies & similar technologies 9. Cookies & similar technologies When you use our Services, we and selected third parties use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalised advertising. Cookies are small text files that are automatically created by your browser and stored on your device when you use the Services. You can find detailed information about the use of cookies and similar technologies and your choices in our User Cookie Notice. Learn more Your choices regarding cookies   Data security 10. Data security We protect your personal data through technical and organisational security measures to minimise risks associated with data loss, misuse, unauthorised access and unauthorised disclosure and alteration. To this end we use firewalls and data encryption, for example, as well as physical access restrictions for our data centres and authorisation controls for data access. You can find further information on our data security in our Security Center - opens in new window or tab.   11. Other important information regarding data protection This section contains important additional information about the protection of personal data in connection with the use of our Services, including whether you are required to provide personal data. Learn more   12. Regional and State Privacy Disclosures For additional regional disclosures for residents of certain U.S. states, including California, please review our State Privacy Disclosures - opens in new window or tab page. For additional disclosures for specific regions or countries, including Brazil and mainland of People's Republic of China, please review our Regional Privacy Disclosures - opens in new window or tab page. ZOOM TERMS OF SERVICE EFFECTIVE: October 29, 2022 IMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF ZOOM VIDEO COMMUNICATIONS, INC. AND ITS AFFILIATES (“ZOOM”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING. BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE ZOOM WEBSITE OR BY UTILIZING THE ZOOM SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE ZOOM SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE. Zoom will provide the Services, and you may access and use the Services, in accordance with this Agreement. Zoom may provide any of the Services hereunder through any of its Affiliates. If You order Services through an on-line registration page or an order form (each an “Order Form”), the Order Form may contain additional terms and conditions and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Service which You choose to use, those additional terms are hereby incorporated into this Agreement in relation to Your use of that Service. System Requirements. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Service specific definitions are found in the Services Description located at www.zoom.us/services-description. “Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity. “End User” means a Host or Participant (as defined in the Services Description) who uses the Services. “Initial Subscription Term” means the initial subscription term for a Service as specified in an Order Form. “Laws” means all U.S. or non-U.S. national, regional, state, provincial or local laws, statutes, rules, regulations, ordinances, administrative rulings, judgments, decrees, orders, directives, policies, or treaties applicable to Zoom’s provision and Customer’s use of the Services. “Service Effective Date” means the date an Initial Subscription Term begins as specified in an Order Form. “Renewal Term” means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form. “Taxes and Fees” and “Taxes or Fees” means all applicable sales, use, environmental or regulatory taxes, VAT, fees, duties (including customs duties), charges, surcharges or assessments levied on the provision of Services to Customer (exclusive of any income tax imposed on Zoom). “VAT” means any value added tax, and any other tax of a similar nature, whether imposed in a Member State of the European Union in substitution for, or levied in addition to, such tax, or imposed elsewhere, any Goods and Services Tax, PIS/COFINS, any similar indirect Tax or any Tax analogous thereto imposed in connection with, or otherwise relating to, the Services rendered by Zoom to Customer. “Your Data” means information provided to Zoom so that Zoom can fulfill the terms of the Agreement and provide access to the Services (e.g., company name, billing address, taxpayer ID number, VAT registration number, contact name and information). You are solely responsible for the accuracy of Your Data, and Zoom has no liability whatsoever for errors and omissions in Your Data. SERVICES. Zoom will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by Zoom during the term. Zoom may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Beta Services. Any use of beta products or services are governed by separate beta terms and conditions, and Beta usage is excluded from this Agreement. Absent a separate beta agreement signed by the parties, the Beta Program – Terms of Use disclosed at https://explore.zoom.us/en/beta-terms-and-conditions/ apply to Your use of any beta products or services. USE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for Your and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End User’s use of the Services, including but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited. Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party. Your Content. You agree that You are solely responsible for the content (“Content”) sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Zoom and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Zoom be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although Zoom is not responsible for any Content, Zoom may delete any Content, at any time without notice to You, if Zoom becomes aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services. Recordings. You are responsible for compliance will all recording laws. The host can choose to record Zoom Meetings and Zoom Webinars. By using the Services, you are giving Zoom consent to store recordings for any or all Zoom meetings or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting or webinar. Prohibited Use. You agree that You will not, and will not permit any End User to: (i) modify, customize, disassemble, decompile, prepare derivative works of, create improvements, derive innovations from, reverse engineer or attempt to gain access to any underlying technology of the Services (e.g., any source code, process, data set or database, management tool, development tool, server or hosting site, etc); (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Zoom’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Zoom or other users of Services; (viii) engage in any activity or use the Services or Zoom account in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Zoom’s security systems. (ix) use the Services in violation of any Zoom policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations. Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Zoom. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services. RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any Zoom policies. Zoom assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Zoom at trust@zoom.us. Zoom may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Zoom be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. ZOOM OBLIGATIONS FOR CONTENT. Zoom will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Zoom will notify You if it becomes aware of unauthorized access to Content. Zoom will not access, view or process Content except (a) as provided for in this Agreement and in Zoom’s Privacy Statement; (b) as authorized or instructed by You, (c) as required to perform its obligations under this Agreement; or (d) as required by Law. Zoom has no other obligations with respect to Content. ELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible. INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Zoom is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is defined in the Services Description) using Zoom for Education (K-12). CHARGES AND CANCELLATION. You agree that Zoom may charge to Your credit card or other payment mechanism selected by You and approved by Zoom (“Your Account”) all amounts due and owing for the Services. All payments made by you to us under this Agreement will be made free and clear of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to domestic or cross-border withholding taxes) is required on any payment, you will pay such additional amounts as are necessary so that the net amount received by us is equal to the amount then due and payable under this Agreement. We will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement. Zoom may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Zoom will provide you with prior notice and an opportunity to terminate Your Account if Zoom changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Zoom is unable to collect the fees owed to Zoom for the Services through Your Account, Zoom may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Zoom in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Zoom may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for. TAXES. Unless stated otherwise, all prices and fees shown by Zoom are exclusive of Taxes and regulatory fees, service, service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. Where applicable, Taxes and regulatory fees will be charged on the invoices issued by Zoom in accordance with local laws and regulations. Zoom, in its sole discretion, will calculate the amount of Taxes due. The taxes and regulatory fees charged can be changed without notice. VAT Invoices. If required by Law, Zoom will issue a VAT invoice, or a document that the relevant taxing authority will treat as a VAT invoice, to You. You accept that this invoice may be issued electronically. Tax exemptions. If You are exempt from any Tax or Fee, You will provide Zoom with all appropriate tax exemption certificates, and/or other documentation satisfactory to the applicable taxing authorities to substantiate such exemption status. Zoom reserves the right to review and validate tax exemption documentation. In the event that the tax exemption documentation is not valid, Zoom reserves the right to charge applicable taxes to You. Payment of Taxes and Fees. You will pay to Zoom any applicable Taxes and Fees. You are solely responsible for paying any and all Taxes and Fees owing as a result of Zoom’s provision of the Services to You. If You are required to pay any Taxes and Fees, You shall pay such amounts with no reduction or offset in amounts payable to Zoom hereunder and You will pay and bear such additional amount, as shall be necessary such that Zoom receives the full amount of payment required as if no such reduction or offset were required. VAT due by the customer. In the event Taxes and Fees are due towards the taxing authorities by You instead of Zoom, through the reverse charge or other similar mechanism, You will provide Zoom with all appropriate evidence for Zoom to demonstrate Your business nature, such as a valid VAT registration number (or similar information required under the relevant VAT laws). Zoom reserves the right to review and validate your VAT registration number. In the event that the VAT registration number is not valid, Zoom reserves the right to nevertheless charge applicable VAT to You. For the avoidance of doubt, if VAT is due by You to a taxing authority, through the reverse charge or other similar mechanism, You are solely responsible for paying those amounts to the relevant taxing authority such that Zoom receives the full amount of payment required. Tax determination. Tax determination is principally based on the location where the Customer has established its business based on the Customer Data, or for individuals where that individual permanently resides. This will be defined by Zoom as Your ‘Sold To’ address. Zoom reserves the right to cross reference this location against other available evidence to validate whether Your location is accurate. In the event that Your location is inaccurate, Zoom reserves the right to charge You any outstanding Taxes and Fees. Use and enjoyment. If You purchase Zoom Services, and those Services are used and enjoyed by a subsidiary of You in a country that is different to Your location as determined by Section 9(e) of this TOS, You confirm that where required You will treat this as a supply to Your subsidiary. In the event You purchase Services and those Services are used and enjoyed by a branch or individual in a country that is different to Your location as determined by Section 9 (e) of this TOS, You acknowledge that You will inform Zoom of the Services that have been allocated and You acknowledge that Zoom reserves the right to charge Taxes and Fees based on the use and enjoyment of those Services. TERMINATION. The Zoom website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, Zoom may terminate this Agreement immediately and retain any fees previously paid by You. Sections 1 and 3 through 22, inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, You must cease any further use of the Services. If at any time You are not happy with the Services, Your sole remedy is to cease using the Services and follow this termination process. PROPRIETARY RIGHTS. Zoom and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Zoom Marks”) associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any Zoom Marks, or other proprietary information (including images, text, page layout, or form) of Zoom without express written consent. You may not use any meta tags or any other “hidden text” utilizing Zoom Marks without Zoom’s express written consent. CONFIDENTIALITY. Each party agrees to regard and preserve as confidential all non-public information provided by the other party relating to the business, systems, operations, source code, Services, strategic plans, clients, pricing (including, but not limited to, the pricing terms herein), methods, processes, financial data, programs, and/or products of the other party in any form, that are designated as “confidential,” or a reasonable person knows or reasonably should understand to be confidential (herein “Confidential Information”). Each party agrees to limit its disclosure of the other party’s Confidential Information to as few persons as possible and only to those persons with a need to know that are its or its Affiliates’ personnel and subject to an obligation to keep such information confidential. Except as needed to fulfill their respective obligations under the Agreement or as expressly permitted herein, the receiving party shall not: (i) disclose the disclosing party’s Confidential Information to any person, firm, or enterprise without the disclosing party’s prior written consent, or (ii) use the disclosing party’s Confidential Information for its own benefit, or the benefit of a third party. Exclusions. “Confidential Information” shall not include Content or information that (a) is already rightfully known to a party at the time it is obtained from the other party, free from any obligation to keep such information confidential; (b) is or becomes publicly known or available through no wrongful act of a party; (c) is rightfully received from a third party without restriction and without breach of this TOS; or (d) is developed by a party without the use of any proprietary, non-public information provided by the other party under the Agreement. Exception. Either party may disclose Confidential Information where required by law, regulation, or court order, provided that the party subject to such law, regulation or court order shall, where permitted, notify the other party of any such use or requirement prior to disclosure in order to afford such other party an opportunity to seek a protective order to prevent or limit disclosure of the information to third parties. Confidentiality Period and Obligations. The confidentiality obligations set forth in this section of the TOS shall remain in effect for a period of five (5) years from the disclosure of the information. Both parties agree (a) to take reasonable steps to protect the other party’s Confidential Information, and these steps must be at least as protective as those the receiving party takes to protect its own Confidential Information, and no less than a reasonable standard of care; (b) to notify the disclosing party promptly upon discovery of any unauthorized use or disclosure of Confidential Information; and (c) in the event of any unauthorized disclosure by a receiving party, to cooperate with the disclosing party to help regain control of the Confidential Information and prevent further unauthorized use or disclosure of it. COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Zoom may deny access to the Services to any User who is alleged to infringe another party’s copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify Zoom as specified here. EXPORT RESTRICTIONS.You acknowledge that the Services, or a portion thereof, are subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Zoom will provide the U.S. export classification(s) applicable to its Services upon request. You and Your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) You and Your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk and Luhansk regions of Ukraine) and that You and Your End Users will not access or use the Services, or export, re-export, divert, or transfer the Services, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) You and Your End Users located in China, Russia, or Venezuela are not Military End Users and will not put Zoom’s Services to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) no Content created or submitted by You or Your End Users is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) You and Your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications. NO HIGH RISK USE. The Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. The Services shall not be used for or in any HIGH RISK environment. INJUNCTIVE RELIEF. You acknowledge that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Zoom, its Affiliates, suppliers and any other party authorized by Zoom to resell, distribute, or promote the Services (“Resellers”), and under such circumstances Zoom, its Affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief. NO WARRANTIES.YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZOOM, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. ZOOM DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. ZOOM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Zoom, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law. LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOM OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL,INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ZOOM, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ZOOM’S, ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIMS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You. AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION. If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions of Exhibit A. The parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity. PRIVACY AND OTHER POLICIES. Zoom will collect and/or process personal data pursuant to its Privacy Statement. All policies located at www.zoom.us/legal are incorporated into this Agreement by reference. Further, if You are a business, enterprise or education account owner and Your use of the Services requires Zoom to process Your End Users’ personal data under a data processing agreement, Zoom shall process such personal data subject to Zoom’s Global Data Processing Addendum. Additionally, You understand and agree that Zoom may contact You via e-mail or otherwise with information relevant to Your use of the Services, regardless of whether You have opted out of receiving marketing communications or notices. MISCELLANEOUS Choice of Law and Forum. This Agreement shall be governed by and construed under the laws of the State of California, U.S.A., as applied to agreements entered into and to be performed in California by California residents. Except as provided in Exhibit A, the Parties consent to the exclusive jurisdiction and venue of the state courts located in and serving Santa Clara County, California and the federal courts in the Northern District of California. Contracting Entity. In the event Your Zoom account reflects a bill to/sold to address in India, the contracting entity under these TOS shall be Zoom’s Affiliate, ZVC India Pvt. Ltd. Waiver and Severability. Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. General Provisions. This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if You or Your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. Zoom may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Zoom will exercise commercially reasonable business efforts to provide notice to You of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on You. If You do not agree with the changes, You should discontinue using the Services. If You continue using the Services after such ten-business-day period, You will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, You may be notified that You are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Exhibit A Binding Arbitration This Exhibit A to the TOS describes the further provisions which apply to the Binding Arbitration and Class Action Waiver. Disputes. A dispute is any controversy between You and Zoom concerning the Services, any software related to the Services, the price of the Services, Your account, Zoom’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or Zoom’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to legal@zoom.us. Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meets the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, Zoom reserves the right to require arbitration. Arbitration Procedure. Disputes not resolved pursuant to Section A or B shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive Law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity . Arbitration Fees. If You are unable to afford the arbitration costs, Zoom will advance those costs to You, subject to the arbitrator’s determination if costs should be reimbursed to Zoom if Zoom prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision. Zoom Privacy Statement Last updated: November 8 , 2022 This Privacy Statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide products and services offered directly by Zoom Video Communications, Inc. (“Zoom”), including Zoom’s websites, its meetings, webinars, and messaging platform, related collaborative features, and Zoom App Marketplace (“Zoom products and services” or “products and services”). Zoom products and services covered in this Privacy Statement do not include products or services developed by Zoom that are covered under a separate privacy policy (including those listed here). What Personal Data Do We Receive? How Do We Use Personal Data? How Do We Share Personal Data? Who Can See, Share, and Process My Personal Data When I Join Meetings and Use Other Zoom Products and Services? Privacy Rights and Choices Children How to Contact Us Retention European Data Protection Specific Information California Privacy Rights Changes to This Privacy Statement What Personal Data Do We Receive? Personal data is any information from or about an identified or identifiable person, including information that Zoom can associate with an individual person. We may collect, or process on behalf of our customers, the following categories of personal data when you use or interact with Zoom products and services: Account Information: Information associated with an account that licenses Zoom products and services, which may include administrator name, contact information, account ID, billing and transaction information, and account plan information. Profile and Participant Information: Information associated with the Zoom profile of a user who uses Zoom products and services under a licensed account or that is provided by an unlicensed participant joining a meeting, which may include name, display name, picture, email address, phone number, job information, stated locale, user ID, or other information provided by the user and/or their account owner. Contact Information: Contact information added by accounts and/or their users to create contact lists on Zoom products and services, which may include contact information a user integrates from a third-party app, or provided by users to process referral invitations. Settings: Information associated with the preferences and settings on a Zoom account or user profile, which may include audio and video settings, recording file location, screen sharing settings, and other settings and configuration information. Registration Information: Information provided when registering for a Zoom meeting, webinar, Zoom Room, or recording, which may include name and contact information, responses to registration questions, and other registration information requested by the host. Device Information: Information about the computers, phones, and other devices used when interacting with Zoom products and services, which may include information about the speakers, microphone, camera, OS version, hard disk ID, PC name, MAC address, IP address (which may be used to infer general location at a city or country level), device attributes (like operating system version and battery level), WiFi information, and other device information (like Bluetooth signals). Content and Context from Meetings, Webinars, Messaging, and Other Collaborative Features: Content generated in meetings, webinars, or messages that are hosted on Zoom products and services, which may include audio, video, in-meeting messages, in-meeting and out-of-meeting whiteboards, chat messaging content, transcriptions, transcript edits and recommendations, written feedback, responses to polls and Q&A, and files, as well as related context, such as invitation details, meeting or chat name, or meeting agenda. Content may contain your voice and image, depending on the account owner’s settings, what you choose to share, your settings, and what you do on Zoom products and services. Usage Information Regarding Meetings, Webinars, Messaging, Collaborative Features and the Website: Information about how people and their devices interact with Zoom products and services, such as: when participants join and leave a meeting; whether participants sent messages and who they message with; performance data; mouse movements, clicks, keystrokes or actions (such as mute/unmute or video on/off), edits to transcript text, where authorized by the account owner and other inputs that help Zoom to understand feature usage, improve product design, and suggest features; which third-party apps are added to a meeting or other product or service and what information and actions the app is authorized to access and perform; use of third-party apps and the Zoom App Marketplace; features used (such as screen sharing, emojis, or filters); and other usage information and metrics. This also includes information about when and how people visit and interact with Zoom’s websites, including what pages are accessed, interaction with website features, and whether or not the person signed up for a Zoom product or service. Limited Information from Zoom Email and Calendar Services: “Zoom Email” refers to Zoom’s native email service and emails sent from Zoom’s native email service. Zoom Email is designed to be end-to-end encrypted by Zoom by default for emails sent and received directly between active Zoom Email users. Support for end-to-end encryption requires Zoom Email users to have added a device to their Zoom Email account with the associated email address and to use a supported Zoom client. When an email is end-to-end encrypted, only the users, and, depending on their settings, account owners, or designated account administrators control the encryption key and therefore access to the email content, including body text, subject line, attachments and custom labels applied to messages by users in their inboxes. Emails sent to or received from non-Zoom Email users are encrypted after the email is sent or received from Zoom’s servers, if the Zoom Email user chooses to send them with encryption. In all cases, Zoom does have access to email metadata used for basic email delivery—specifically, email addresses in the from, to, cc, and bcc fields, time, mimeID, and the number and size of attachments. From use of Zoom’s native calendar service, Zoom receives information regarding meeting invitations, body text, sender and recipients, and other calendar information. Content from Third-Party Integrations: Users can access email and calendars from third-party services through their Zoom client, if they choose to integrate them. This information is not end-to-end encrypted by Zoom, but Zoom employees do not access this content, unless directed to, or required for legal, safety, or security reasons. If account owners and/or their users integrate their third-party emails with products and services offered or powered by Zoom, such as business analytics tools like ZoomIQ, Zoom may collect or process email information, including email content, headers and metadata, from such third-party services in order to provide services requested by the account and to improve the product. Communications with Zoom: Information about your communications with Zoom, including relating to support questions, your account, and other inquiries. Information from Partners: Zoom obtains information about account owners and their users from third-party companies, such as market data enrichment services, including information about an account owner’s company size or industry, contact information, or activity of certain enterprise domains. Zoom may also obtain information from third-party advertising partners who deliver ads displayed on Zoom products and services, such as whether you clicked on an ad they showed you. How Do We Use Personal Data? Zoom employees do not access meeting, webinar, messaging or email content (specifically, audio, video, files, in-meeting whiteboards, messaging or email contents), or any content generated or shared as part of other collaborative features (such as out-of-meeting whiteboards), unless authorized by an account owner, or as required for legal, safety, or security reasons, as discussed below, and where technically feasible. Zoom uses personal data to conduct the following activities: Provide Zoom Products and Services: To provide products and services to account owners, their users, and those they invite to join meetings and webinars hosted on their accounts, including to customize Zoom products and services and recommendations for accounts or their users. Zoom also uses personal data, including contact information, to route invitations, messages, or Zoom Emails to recipients when users send or receive invitations, messages, or Zoom Emails using Zoom products and services. This may also include using personal data for customer support, which may include accessing audio, video, files, messages, and other content or context, at the direction of the account owner or their users. We also use personal data to manage our relationship and contracts with account owners and others, including billing, compliance with contractual obligations, facilitating payment to third-party developers in relation to purchases made through the Zoom App Marketplace, and related administration. Advanced Voice and Video Features: If you elect to use certain video features, such as filters, avatars, and gestures, information about your movements or the positioning of your face or hands may be processed on your device to apply the selected features. Such data does not leave your device, is not retained, and cannot be used to identify you. If certain features are enabled, such as transcription generation for recordings, Zoom may use technology that analyzes the meeting’s audio recording to distinguish one speaker from another in order to create an accurate transcript. The audio analysis is not retained after the transcript is generated. Product Research and Development: To develop, test, and improve Zoom products and services, including, for example, content-related features (such as background and other filters), and to troubleshoot products and services. Marketing, Promotions, and Third-Party Advertising: To permit Zoom and/or its third party marketing partners to market, advertise, and promote Zoom products and services, including based on your product usage, information we receive from third-party partners, information you provide to process referral invitations, or if you visit our websites, information about how and when you visit, and your interactions with them. We may also use this information to provide advertisements to you relating to Zoom products and services or to engage third party partners to analyze your interactions on our website or app or to deliver advertising to you. Zoom does not use meeting, webinar, or messaging content (specifically, audio, video, files shared, in-meeting whiteboards, and messages), or any content generated or shared as part of other collaborative features (such as out-of-meeting whiteboards) for any marketing or promotions. Authentication, Integrity, Security, and Safety: To authenticate accounts and activity, detect, investigate, and prevent malicious conduct or unsafe experiences, address security threats, protect public safety, and secure Zoom products and services. Communicate with You: We use personal data (including contact information) to communicate with you about Zoom products and services, including product updates, your account, and changes to our policies and terms. We also use your information to respond to you when you contact us. Legal Reasons: To comply with applicable law or respond to valid legal process, including from law enforcement or government agencies, to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our Terms of Service or policies. Zoom uses advanced tools to automatically scan content such as virtual backgrounds, profile images, incoming emails to Zoom’s native email service from someone who is not a Zoom Email user, and files uploaded or exchanged through chat, for the purpose of detecting and preventing violations of our terms or policies and illegal or other harmful activity, and its employees may investigate such content where required for legal, safety, or security reasons. How Do We Share Personal Data? Zoom provides personal data to third parties only with consent or in one of the following circumstances (subject to your prior consent where required under applicable law): Resellers: If an account owner licensed or purchased Zoom products and services from a third-party reseller of Zoom products and services, the reseller may be able to access personal data and content for users, including meetings, webinars, and messages hosted by the account owner. Vendors: Zoom works with third-party service providers to provide, support, and improve Zoom products and services and technical infrastructure, and for business services such as payment processing, including in relation to purchases made through the Zoom App Marketplace. Zoom may also work with third-party service providers to provide advertisements and business analytics regarding Zoom products and services. These vendors can access personal data subject to contractual and technical requirements for protecting personal data and prohibiting them from using personal data for any purpose other than to provide services to Zoom or as required by law. Zoom may integrate third-party technology to provide advanced features, such as Apple’s TrueDepth technology, to process information on your device about face or hand dimensions and gestures to provide video effects. This information is processed on your device, and such information is neither received nor stored by either the third party, or Zoom. For Legal Reasons: Zoom may share personal data as needed to: (1) comply with applicable law or respond to, investigate, or participate in valid legal process and proceedings, including from law enforcement or government agencies; (2) enforce or investigate potential violations of its Terms of Service or policies; (3) detect, prevent, or investigate potential fraud, abuse, or safety and security concerns, including threats to the public; (4) meet our corporate and social responsibility commitments; (5) protect our and our customers’ rights and property; and (6) resolve disputes and enforce agreements. Marketing, Advertising, and Analytics Partners: Zoom uses third-party marketing, advertising, and analytics providers: to provide statistics and analysis about how people are using Zoom products and services, including our website; and to provide advertising and marketing for Zoom products and services, including targeted advertising based on your use of our website. These third-party partners may receive information about your activities on Zoom’s website through third-party cookies placed on Zoom’s website. To opt out of our use of third-party cookies that share data with these partners, visit our cookie management tool, available in Cookies Settings. Where required by law, Zoom will first obtain your consent before engaging in the marketing or advertising activities described. Corporate Affiliates: Zoom shares personal information with corporate affiliates, such as Zoom Voice Communications, Inc., to provide integrated and consistent experiences across Zoom products and services (such as enabling an account owner or their user to integrate a Zoom Phone call into a meeting) and to detect, investigate, and prevent fraud, abuse, and threats to public safety. Change of Control: We may share personal data with actual or prospective acquirers, their representatives and other relevant participants in, or during negotiations of, any sale, merger, acquisition, restructuring, or change in control involving all or a portion of Zoom’s business or assets, including in connection with bankruptcy or similar proceedings. Third-Party Developers: If you purchase a third-party app or integration from the Zoom App Marketplace, Zoom may share information about the purchase with the third-party developer, to provide the app or integration. Who Can See, Share, and Process My Personal Data When I Join Meetings and Use Other Zoom Products and Services? When you send messages or join meetings and webinars on Zoom, other people and organizations, including third parties outside the meeting, webinar, or message, may be able to see content and information that you share: Account Owner: An account owner is the organization or individual that signs up for a Zoom account. Typically, an account owner designates one or more people (called an “administrator”) to manage their account and can grant privileges to users on the account. Depending on their license with Zoom, the account owner can authorize additional users on their account, and the account owner can create and/or access the profile information for all users on their account. The account owner and their users can invite others (including guests not on their account and unlicensed participants) to meetings or webinars hosted on their account. Zoom gives account owners controls and features that they can use to determine whether certain types of content, such as recordings or Zoom Team Chat messages, can be created or sent, and what third-party apps can be used, for meetings and webinars hosted on their account. Depending on their settings, account owners and the users they designate can access personal data for participants who join meetings and webinars on their account or send messages to users on their account. Specifically, account owners may have access to: Account Usage: Product Usage: Information about how users and their devices interact with their account, which may include who sent messages to their users in chat, email addresses, IP addresses, device information, and other information about who joined meetings or webinars on their account, whether their users viewed or downloaded a recording, how long participants participated in their meetings, the time a message was sent, information about Zoom Phone integrations, and other usage information and feedback metrics. Participant List: Information about the participants in a Zoom meeting, webinar, or chat, which may include name, display name, email address, phone number, and participant or user ID. Registration Information: Information provided during registration for a webinar, meeting, Zoom Room, or recording hosted by the account. Zoom Team Chat and Out-of-Meeting Collaborations: If enabled on their account, account owners and those they authorize can see information about who sent and received Zoom Team Chat messages, including synced in-meeting messages (e.g., from a dedicated meeting group chat that is synced with Zoom Team Chat), to users on their account, along with information about the message (for example, date and time, and number of members or participants). Depending on their settings, account owners also can see sender and receiver information, and other messaging data, along with the content of messages sent to and from users on their account (including from in-meeting chat where dedicated meeting group chats are enabled), unless the account owner has enabled Advanced Chat Encryption. Depending on their settings, account owners and those they authorize may also see the content shared through collaborative features, including whiteboards, files, and images shared in Zoom Team Chat. In-Meeting/Webinar Messages: Depending on their settings, account owners can see sender and receiver information, along with the content of messages sent to and from users on their account, in the following circumstances: Messages sent to Everyone in a meeting that is recorded Messages sent to members of a dedicated meeting group chat and guests in a meeting when a dedicated meeting group chat is enabled Messages sent to panelists in a webinar that is recorded Messages sent by members in dedicated meeting group chats in Team Chat Direct messages if the account owner has enabled archiving If a participant in a meeting is subject to archiving, their account owner will have access to messages sent to Everyone in the meeting, as well as direct messages sent to that participant. If a participant who is a member of a dedicated meeting group chat is subject to archiving, the member’s account owner will have access to the dedicated meeting group chat messages sent to members and guests, as well as direct messages sent to that member. If a guest in a meeting with a dedicated meeting group chat is subject to archiving, the guest’s account owner will have access to messages sent to members and guests, as well as direct messages sent to that guest. Recordings: Account owners can watch the content of recordings of meetings and webinars hosted on their account. They can also view, share, and enable advanced features for transcripts of meeting audio. Polling, Q&A, and Feedback: Account owners can see information about who provided responses to their polls, Q&A, or post meeting or webinar feedback requests, including name and contact information, together with the responses or feedback, unless responses are submitted anonymously. Zoom Email and Zoom Calendar Content: Depending on their settings, account owners, and designated account administrators, can access email and calendar content sent to and from users on their Zoom Email or Zoom Calendar accounts, even if those Zoom Emails are encrypted. Meeting Hosts, Participants, and Invitees: Meeting hosts, participants, and invitees may be able to see your email, display name, profile picture, and presence status, including in Zoom meetings and in Zoom’s native calendar service. Meeting hosts, participants, and invitees can also see and (depending on the account owner’s settings) record, save, and share meeting content, audio transcripts, messages sent to Everyone, messages sent to members or guests of dedicated meeting group chats (where enabled, and whether sent in Team Chat or in-meeting), or messages sent to them directly, and files, whiteboards or other information shared with them (including during a meeting, or through a dedicated meeting group chat). Meeting hosts may also share chat transcripts to Zoom Team Chat, depending on their account owner’s settings. Meeting hosts may also be able to see responses to Q&A and polls generated during the meeting. Zoom Email, Calendar and Zoom Team Chat Recipients: Recipients of Zoom Emails and Zoom Calendar invites can see, save, and share your email and calendar content with others, including by sharing emails to Zoom Team Chat. If a recipient shares encrypted content with others, for example, by sharing an encrypted Zoom Email to Zoom Team Chat, or forwarding an encrypted Zoom Email to a third-party recipient without a Zoom Email account, the shared or forwarded content will not be end-to-end encrypted by Zoom. Those with access to your device and login credentials may be able to see, save and share your email and calendar contents on that device. Recipients of Zoom Team Chats can see your messages, reactions, emojis, and related content, including content from Zoom Emails, Zoom Calendar, and emails from third-party services integrated in the Zoom client, that you or a third-party choose to share to Zoom Team Chat, and in-meeting messages that participants send that are synced with Zoom Team Chat through dedicated meeting group chats. Depending on the account owner’s settings, Zoom Team Chat recipients may record, save, or share your messages. Webinar Panelists and Attendees: Only panelists may be visible to attendees during a webinar, but attendees who agree to unmute can be heard by other attendees. If an attendee agrees to become a panelist during a webinar, they may be visible to other attendees, depending on settings. Panelists and attendees may be able to see the name of a participant who asks a question during a Q&A, along with their question, unless the participant submits the question anonymously. Livestreams: Meeting and webinar hosts can choose to livestream to a third-party site or service, which means anyone with access to the livestream will be able to see the meeting or webinar. Apps and Integrations:   Account owners can choose to add Zoom-developed apps and third-party apps to their account and the Zoom Products they use, including via use of the Zoom App Marketplace, and they can also control whether their users can add and use specific Zoom and third-party apps, including in meetings, webinars, and chats hosted on their account. Account owners can also choose to integrate other content from third-party services– such as third-party email communications on their corporate account – to apps and services that they use, such as Zoom IQ (a Zoom-developed application that provides insights and business analytics related to businesses when they use Zoom Products). Further, account owners may choose to have Zoom analyze the meeting’s audio recording to distinguish one speaker from another in order to create an accurate transcript. The audio analysis is not retained after the transcript is generated. Depending on their settings, account owners’, users’ and guests’ personal data and content may be shared with apps and integrations approved by account owners, which may include all of the personal data categories listed above, such as account information, profile and contact information, registration information, participants list, settings, content, product usage, device information, or third-party emails that have been shared with the app. Other participants in the meeting may be able to see the app that you are using in a meeting, if the app is receiving content (including audio and video) from the meeting. Third-party developers may also integrate or embed Zoom meetings into their website or app experiences or build versions of Zoom that enable access to Zoom Products from a third-party app. Personal information shared by account owners and users with third-party apps and integrations is collected and processed in accordance with the app developers’ terms and privacy policies, not Zoom’s. Privacy Rights and Choices If you are in the European Economic Area (EEA), Switzerland, or the UK, or a resident of California, please refer to the respective dedicated sections below. Otherwise, at your request, and as required by applicable law, we will: Inform you of what personal data we have about you that is under our control; Amend or correct such personal data or any previous privacy preferences you selected, or direct you to applicable tools; and/or Delete such personal data or direct you to applicable tools. In order to exercise any of your rights as to personal data controlled by Zoom, please click here. Where legally permitted, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, or jeopardize the privacy of others. As an account owner or a user under a licensed account, you may also take steps to affect your personal data by visiting your account and modifying your personal data directly. Children Zoom does not allow children under the age of 16 to sign up for a Zoom account. For educational organizations that use Zoom products and services to provide educational services to children under 18, Zoom’s Children’s Educational Privacy Statement is available here. How to Contact Us To exercise your rights, please click here. If you have any privacy-related questions or comments related to this Privacy Statement, please send an email to privacy@zoom.us. You can also contact us by writing to the following address: Zoom Video Communications, Inc. Attention: Data Protection Officer 55 Almaden Blvd, Suite 600 San Jose, CA 95113 Or to our representative in the EU or UK: Lionheart Squared Ltd Attn: Data Privacy 2 Pembroke House Upper Pembroke Street 28-32 Dublin DO2 EK84 Republic of lreland email: zoom@LionheartSquared.eu Lionheart Squared Limited Attn: Data Privacy 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire SP6 1QX United Kingdom Contact: zoom@LionheartSquared.co.uk You can contact our Data Protection Officer by sending an email to privacy@zoom.us. Retention We retain personal data for as long as required to engage in the uses described in this Privacy Statement, unless a longer retention period is required by applicable law. The criteria used to determine our retention periods include the following: The length of time we have an ongoing relationship with you and provide Zoom products and services to you (for example, for as long as you have an account with us or keep using our products); Whether account owners modify or their users delete information through their accounts; Whether we have a legal obligation to keep the data (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or Whether retention is advisable in light of our legal position (such as in regard to the enforcement of our agreements, the resolution of disputes, and applicable statutes of limitations, litigation, or regulatory investigation). European Data Protection Specific Information Data Subjects Rights If you are in the EEA, Switzerland, or the UK, your rights in relation to your personal data processed by us as a controller specifically include: Right of access and/or portability: You have the right to access any personal data that we hold about you and, in some circumstances, have that data provided to you so that you can provide or “port” that data to another provider; Right of erasure: In certain circumstances, you have the right to the erasure of personal data that we hold about you (for example, if it is no longer necessary for the purposes for which it was originally collected); Right to object to processing: In certain circumstances, you have the right to request that we stop processing your personal data and/or stop sending you marketing communications; Right to rectification: You have the right to require us to correct any inaccurate or incomplete personal data; Right to restrict processing: You have the right to request that we restrict processing of your personal data in certain circumstances (for example, where you believe that the personal data we hold about you is not accurate or lawfully held). To exercise your rights, please click here. If you have any other questions about our use of your personal data, please send a request at the contact details specified in the How to Contact Us section of this Privacy Statement. Please note that we may request you to provide us with additional information in order to confirm your identity and ensure that you are entitled to access the relevant personal data. You also have the right to lodge a complaint to a data protection authority. For more information, please contact your local data protection authority. Legal Basis for Processing Personal Data We only use your information in a lawful, transparent, and fair manner. Depending on the specific personal data concerned and the factual context, when Zoom processes personal data as a controller for individuals in regions such as the EEA, Switzerland, and the UK, we rely on the following legal bases as applicable in your jurisdiction: As necessary for our contract: When we enter into a contract directly with you, we process your personal data on the basis of our contract in order to prepare and enter into the contract, as well as to perform and manage our contract (i.e., providing Zoom products and services, features and services to account owners, their users, and those they invite to join meetings and webinars hosted on their accounts, and manage our relationship and contract, including billing, compliance with contractual obligations, and related administration). If we do not process your personal data for these purposes, we may not be able to provide you with all products and services; Consistent with specific revocable consents: We rely on your prior consent in order to utilize cookies to engage advertising and analytics partners to deliver tailored advertising and analysis of our website usage. You have the right to withdraw your consent at any time by visiting our cookie management tool, available Cookies Settings; As necessary to comply with our legal obligations: We process your personal data to comply with the legal obligations to which we are subject for the purposes of compliance with EEA laws, regulations, codes of practice, guidelines, or rules applicable to us, and for responses to requests from, and other communications with, competent EEA public, governmental, judicial, or other regulatory authorities. This includes detecting, investigating, preventing, and stopping fraudulent, harmful, unauthorized, or illegal activity (“fraud and abuse detection”) and compliance with privacy laws; To protect your vital interests or those of others :We process certain personal data in order to protect vital interests for the purpose of detecting and preventing illicit activities that impact vital interests and public safety, including child sexual abuse material; and As necessary for our (or others’) legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms, which require protection of personal data: We process your personal data based on such legitimate interests to (i) enter and perform the contract with the account owner and/or reseller providing you with the products and services (which includes billing, compliance with contractual obligations, and related administration and support); (ii) develop, test, and improve our products and services and troubleshoot products and services; (iii) ensure authentication, integrity, security, and safety of accounts, activity, and products and services, including detect and prevent malicious conduct and violations of our terms and policies, prevent or investigate bad or unsafe experiences, and address security threats; (iv) send marketing communications, advertising, and promotions related to the products and services; and (v) comply with non-EEA laws, regulations, codes of practice, guidelines, or rules applicable to us and respond to requests from, and other communications with, competent non-EEA public, governmental, judicial, or other regulatory authorities, as well as meet our corporate and social responsibility commitments, protect our rights and property and the ones of our customers, resolve disputes, and enforce agreements. International Data Transfers Zoom operates globally, which means personal data may be transferred, stored (for example, in a data center), and processed outside of the country or region where it was initially collected where Zoom or its service providers have customers or facilities – including in countries where meeting participants or account owners hosting meetings or webinars that you participate in or receiving messages that you send are based. Therefore, by using Zoom products and services or providing personal data for any of the purposes stated above, you acknowledge that your personal data may be transferred to or stored in the United States where we are established, as well as in other countries outside of the EEA, Switzerland, and the UK. Such countries may have data protection rules that are different and less protective than those of your country. We protect your personal data in accordance with this Privacy Statement wherever it is processed and take appropriate contractual or other steps to protect it under applicable laws. Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission’s standard contractual clauses. Please contact us if you would like further information in that respect. California Privacy Rights California Consumer Privacy Act Under the California Consumer Privacy Act of 2018 (CCPA), California residents may have a right to: Access the categories and specific pieces of personal data Zoom has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Zoom has shared personal data; Delete personal data under certain circumstances; and Opt out of the “sale” of personal data. We do not sell your personal data in the conventional sense. However, like many companies, we use advertising services that try to tailor online ads to your interests based on information collected via cookies and similar technologies about your online activity. This is called interest-based advertising. The CCPA’s statutory definition of the term “sale” is broad and may include interest-based advertising. You can get more information and opt out of the use of cookies on our sites for interest-based advertising purposes by clicking the Do Not Sell My Personal InformationDo Not Sell My Personal Information link, also on our homepage, and setting your preferences. You will need to set your preferences from each device and each web browser from which you wish to opt out. This feature uses a cookie to remember your preference, so if you clear all cookies from your browser, you will need to reset your settings. Zoom will not discriminate against you for exercising any of these rights, which is further in line with your rights under the CCPA. To exercise your rights, please click here or call +1-888-799-0566. To opt out of the use of cookies on our sites for interest-based advertising purposes, follow the instructions above. We will acknowledge receipt of your request within 10 business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to 90 days) in writing. Under the CCPA, only you or an authorized agent may make a request related to your personal data. Note that to respond to your requests to access or delete personal data under the CCPA, we must verify your identity. We may do so by requiring you to log into your Zoom account (if applicable), provide information relating to your account (which will be compared to information we have, such as profile information), give a declaration as to your identity under penalty of perjury, and/or provide additional information. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney. California’s Shine the Light Law California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for the third parties’ direct marketing purposes. Changes to This Privacy Statement We may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a “Last Updated” date at the top. If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using our products and services. Crumbs Terms of Use We, eyeo GmbH, Lichtstrasse 25, 50825 Cologne, Germany ("eyeo"; "we"), have developed the browser extension Crumbs which can be downloaded via at our website and other domains. Among other things, Crumbs allows you to customize your web experience by sharing limited and anonymized information, disable online tracking, enhance online privacy protections and block advertisers from collecting information that directly identifies you. What does that mean? Crumbs is provided free of charge to you as a user. However, we've reached a point where further Terms of Use, such as these, are necessary. This protects you and it protects us. These Terms of Use apply to your use of Crumbs. Non-permitted use of Crumbs You may not use Crumbs to do anything that violates these Terms of Use, is unlawful or fraudulent or infringes or violates someone else’s rights, including their intellectual property rights. Additionally, you may not use Crumbs on websites where you agreed not to use it. Limited Grant of Rights Crumbs is an open-source project licensed under GPLv3 . The use of Crumbs is subject to the restrictions of the GPLv3 . Crumbs and third-party services and websites By using Crumbs, you may interact with third-party services, websites and applications (“Third-Party Offerings”). Third-Party Offerings may have their own terms of use and privacy policies. You understand and agree that your use of Third-Party Offerings will be governed by their terms of use and privacy policies. You also understand and agree that eyeo is not responsible or liable for the content, features or acts of Third-Party Offerings How is Crumbs processing my data? Crumbs uses your browsing data to generate anonymized interests that reflect your browsing behavior. These interests never leave your device other than in an anonymized manner. The data processing is only performed locally on your machine and your personal browsing data is never collected or shared by Crumbs. To support free content, Crumbs enables the serving of privacy-preserving, interest-based ads by select websites who commit to respecting your privacy choices and rights. This anonymized interests sharing is enabled by default and can be disabled at any time in the application settings. What if Crumbs does not work properly? Crumbs is provided "as is" and on an "as available" basis. Your use of Crumbs is at your own risk. eyeo makes no warranty or condition that Crumbs will meet your requirements or be uninterrupted, timely, secure or error-free. However, we can guarantee that Crumbs doesn’t share your personal data to advertisers. We are only processing your data locally and then sharing anonymized data. In the event that you detect any defect with Crumbs, please inform us as soon as possible Additional information This Terms of Use shall be governed by the laws of the Federal Republic of Germany. If you have no place of jurisdiction in Germany or in any other EU member state, if you have transferred your permanent domicile abroad after these Terms of Use take effect or if your domicile or usual place of residence is unknown at the time legal action is taken, the sole place of jurisdiction for all disputes arising from this agreement will be the location of our registered offices. We reserve the right to terminate your use of Crumbs if we determine that you have violated these Terms of Use or where we are required or permitted to do so by law. We reserve the right to amend and adapt these Terms of Use with effect for the future. You can request the currently applicable version of the Terms of Use from our legal department. You will be notified no later than one month before new Terms of Use take effect. If you do not object to the validity of the new Terms of Use within one month after they take effect, you will be deemed to have accepted the new Terms of Use. We will inform you separately in suitable form about the significance of the one month's notice period, your right to object and the legal consequences of non-objection. This amendment mechanism does not apply to amendments to the parties' main contractual obligations. Crumbs Global Privacy Control (GPC) Crumbs hides cookie consent popups by default. This functionality may prevent the website from information you about their cookie policy and topics related to data processing. You may disable this feature at any moment in the settings of Crumbs. Crumbs Email Relay Crumbs email relay allows you to keep your primary email address secret from online services by making alias email addresses. This feature allows you to keep your email address private. A Crumbs Account is required to use the email relay service (“Service”). You should only use the email relay according to these Terms of Service. This Service is for personal use only. No sublicense, resell or commercial use of the Service is permitted. You are solely responsible for what you write and receive via email when using the Service. For Crumbs to be able to provide you with the Service, you have to give us the right to process your data including: your email address, the aliases and the emails you send and receive via the email relay. Crumbs does not log or monitor the content of emails sent and received via the email relay. Crumbs’s Intellectual Property. Neither Crumbs nor its licensors grant you any intellectual property rights in the Service that are not specifically stated in the license attached to it. You are solely liable for your use of the Service You shall not use the Service to violate any rights or laws. As permitted by the applicable law, Crumbs will not be liable for any limitation you might encounter or your inability to use the Service. Crumbs can’t be held liable for direct or indirect damages, loss of profit, loss of data or hardware malfunctions. By using the service, you hereby agree that Crumbs won’t be held liable for claims arising from your use of the Service, in compliance with the applicable law. Crumbs provides the Service “as is.”, Crumbs disclaims any legal guarantees or warranties for any specific use of the Service. Update and termination of your rights and obligations Termination. These Terms apply until either you or Crumbs decide to end them. You can choose to stop using the Service at any time. Crumbs can suspend or end anyone’s access to the Service at any time for any reason. Crumbs may decide to end the Service at any moment. If we terminate your access to the Service without specific cause, we will inform you in due time and you will continue to have access to the Service for the communicated period. In case we have reasons to believe that you have violated these Terms, Crumbs reserve the right to terminate your use of the Service SevenRooms Terms of Service Updated: March 5, 2018 Welcome and thank you for your interest in SevenRooms (“SevenRooms“). SevenRooms facilitates the creation and management of online reservations with restaurants and other hospitality locations (each, a “Location”) through its website, www.sevenrooms.com (the “Site”), mobile applications, widgets that integrate with Location websites or third parties that provide reservation management or related services, and other websites owned and operated by SevenRooms (collectively, the “Service“). Certain aspects of the Service are only available to Locations and their authorized representatives (“Registered Users”), and any reference in this terms of service to Registered Users only apply to such users and Locations. Access to the Service by Registered Users is governed by separate agreements between SevenRooms and each such Location. These Terms apply to visitors to the Site and use of the Services, whether directly or indirectly, by individuals making reservations with Locations (each, a “Guest” or “you” and its derivatives). PLEASE NOTE THAT SECTION 17 OF THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING OUT OF THESE TERMS OR RELATED TO THE SERVICE, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS SUCH A DISPUTE. 1. Acceptance of the Terms. Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time through the Service, (collectively, the “Terms“), which create a binding legal contract between you and SevenRooms. By accessing the Site or using the Service, you agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms, you must immediately stop using the Service. 2. Reservation Services. SevenRooms provides the Service to enable Guests to make online reservations at participating Locations. To make a reservation, you will have to provide your name, phone number, and email address, along with other information that may be required by the Location. By providing your email address, you agree to receive information about your reservation via email. All reservations are subject to the availability of the Locations for your specified time, date and party, and are not confirmed until you have received a confirmation email. Some Locations may require that you provide your credit card to make a reservation, for example, if the reservation is for a large party or a special event. Some Locations or experiences offered at those Locations may require a pre-payment. 3. No-Show Policy. You must adhere to each Location’s reservation and cancellation policy. If the Location does not provide such a policy, SevenRooms requires that you provide at least 30 minutes notice of the cancellation of a reservation made through the Service, either by contacting the Location directly or through the Service. You may dispute any no-show by contacting the Location. The final determination of a no-show will be made by the Location at its sole discretion. 4. Location No-Show and Cancellation Fees. If the Location has a separate cancellation policy and has required that you provide a credit card to confirm your reservation, SevenRooms will provide you with the Location’s cancellation policy when you make your reservation. You agree to pay any applicable Location cancellation or no-show fees in accordance with the Location’s cancellation policy. SevenRooms may facilitate your payment to the Location through Stripe or another payment gateway. For more information regarding SevenRooms’ use of payment providers, see our Privacy Policy. 5. Privacy Policy. Your privacy is important to us. Our Privacy Policy, which describes how we collect, use, and disclose information about you, is available here and is incorporated herein by reference. 6. Use of the Service. To use the Service, you must be at least 18 years old and have not previously been removed or suspended from the Service for any reason. 7. Account Information & Responsibilities Of Registered Users. This Section 7 applies only to Registered Users to the extent that it does not conflict with any agreement between SevenRooms and the applicable Location. In order to register for the Service and receive information about your use of the Service, you will have to create an account. You represent and warrant that the information you provide to SevenRooms upon registration and at all other times will be true, accurate, current, and complete, and that you will keep such information accurate and up-to-date at all times. You agree that SevenRooms may access, preserve and disclose your account information and any information provided by a Registered User to the Service (“User Content”) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or in the interest of SevenRooms or a third party to (i) comply with legal process; (ii) enforce the Terms; (iii) respond to a claim that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) investigate or protect the rights, business interests, property or personal safety of SevenRooms, its users and the public. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy, available here. As a Registered User, you will have login information, including a username and password. You may not share your account information with, or allow access to your account by, any third party. You are responsible for all activity that occurs under your access credentials. If You have any reason to believe that your credentials have been compromised or your account has been accessed by a third party, you will immediately notify SevenRooms at support@sevenrooms.com. You are solely responsible for your own losses or losses incurred by SevenRooms and others (including other users) due to any unauthorized use of your account. 8. Ownership; Proprietary Rights. The Service is owned and operated by SevenRooms. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Service (“SevenRooms Content“) are protected by United States and international copyright, trade dress, patent, trademark, and all other relevant intellectual property and proprietary rights and applicable laws. All SevenRooms Content is the copyrighted property of SevenRooms or its subsidiaries or affiliated companies and/or licensors. All trademarks, service marks, and trade names are proprietary to SevenRooms or its affiliates and/or third parties. You will not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services or SevenRooms Content, and nothing herein grants you any right or license under any intellectual property rights of SevenRooms or any third party beyond the limited rights to access the Service to make or manage reservations with Locations. If you submit User Content via the Service, you grant SevenRooms a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to your User Content; that the User Content is accurate; and that use of your User Content does not violate these Terms and will not cause injury to any person or entity. You will indemnify SevenRooms for all claims resulting from your User Content. SevenRooms has the right, but not the obligation, to monitor and edit or remove any User Content in its sole discretion. SevenRooms takes no responsibility and assumes no liability for any User Content. 9. Restrictions. The Service is made available strictly for your personal use, and you agree to honor any reservations made through the Service by arriving to the Location at the time specified in your reservation and paying the bill in full. You agree not to make more than one (1) reservation through the Service for any given period of time. Resale or attempted resale of any reservation is prohibited. You will not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not do or attempt to: a. Modify, create derivative works of, translate, reverse engineer, decompile, disassemble or hack the Service, SevenRooms Content, User Content, or any elements thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended; b. Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any part of the Service, use of the Service, access to the Site, or content obtained through the Service for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms; c. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein; d. Use any robot, spider, scraper, or other automated means to access or scrape the Service, except by bona-fide search engines periodically indexing the Service as part of a process of indexing sites and services available on the internet generally; e. Frame or otherwise enclose any SevenRooms trademark or any portion of the Service in any other site or service for any purpose without our express written permission; f. Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others; g. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information; h. Create a false identity or impersonate another individual, including by providing misleading information in any reviews or to any feedback or rating system employed through the Service; i. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs; j. Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers; k. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Your User Content, whether by posting such material to the Site or otherwise; or l. Use the Service in any manner that violates any federal, state or local laws, rules or regulations, or the rights of any third party. 10. Modification of the Terms. SevenRooms may update or modify the Terms at any time without prior notice. These Terms will identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to the Terms, SevenRooms will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Site, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of (i) Your first use of the Service with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to check this page frequently to stay informed of the latest modifications. 11. Third Party Content. The Services may contain links to third-party websites (“Third Party Websites”) and applications (“Third Party Applications” and, collectively with Third Party Websites, “Third Party Content”) including, without limitation, links to Location websites. When you click on a link to Third Party Content, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third Party Content and sites are not under the control of SevenRooms, and SevenRooms is not responsible for such content or sites. SevenRooms provides Third Party Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. You use all Third Party Content at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites or Third Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 12. Termination. SevenRooms, in its sole discretion and for any reason or no reason, may terminate your access to the Service, discontinue the Service, or terminate any license or permission granted to you hereunder, at any time, with or without notice. SevenRooms will not be liable to you or any third-party for any such termination. Without limiting the foregoing, SevenRooms may suspend or terminate your account if you are a “no-show” to three or more reservations within a one (1) year period, as set forth in Section 3. SevenRooms may terminate your access in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SevenRooms may have at law or in equity. If You are dissatisfied with the Service, then please let us know by e-mailing us at support@sevenrooms.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) these Terms, (iii) any policy or practice of SevenRooms in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to stop using the Service. Section 8, this Section 12(c), Sections 13 — 18, and the Privacy Policy will survive any termination of these Terms.  13. Indemnity. You agree to indemnify and hold harmless SevenRooms and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other SevenRooms users who use any User Content you make available via the Service, from all damages, injuries, liabilities, costs, fees and expenses (including legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including Your use or misuse of Third Party Content); (ii) your User Content; (iii) your violation of these Terms; and (iv) your violation of the rights of any other person or entity, including claims that any User Content infringes or violates any third party intellectual property rights. SevenRooms may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You may not settle any matter subject to indemnification under this Section without prior written consent from SevenRooms. SevenRooms will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 14. Disclaimer of Warranty. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, SEVENROOMS CONTENT, AND ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY SEVENROOMS), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SEVENROOMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE SERVICE. 15. Limitation of Liability. IN NO EVENT WILL SEVENROOMS, ITS OFFICERS OR DIRECTORS, OR LOCATIONS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VISIT TO A LOCATION (II) YOUR USE OF THE SERVICE, SEVENROOMS CONTENT, OR THE SITE; OR (III) THE COMPLIANCE OR NON-COMPLIANCE OF A LOCATION IN CONJUNCTION WITH THE SERVICE, WHETHER BASED IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SEVENROOMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SEVENROOMS, ITS OFFICERS OR DIRECTORS, OR LOCATIONS BE LIABLE IN THE AGGREGATE FOR ANY DIRECT DAMAGES ARISING OUT OF THE SERVICE OR CLAIMED UNDER THESE TERMS GREATER THAN FIVE HUNDRED DOLLARS ($500). APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT SEVENROOMS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT SEVENROOMS WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS. 16. Dispute Resolution. a. Governing Law. These Terms, for all purposes, will be governed and interpreted according to the laws of the State of New York, without giving effect to its conflicts of laws provisions that would require a different result. b. Arbitration. Any dispute that may not be brought in small claims court will be resolved by binding and confidential arbitration conducted in the English language, in New York, New York, before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes and governed by the AAA’s Commercial Arbitration Rules (the “Rules”). i. YOU ARE GIVING UP YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY FOR ANY DISPUTE ARISING UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. ii. ANY CLAIMS BROUGHT BY EITHER PARTY MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. iii. You have the right to opt out of the provisions of this Section 16 (for purposes of this Section only, the “Arbitration Agreement”) requiring and governing arbitration by sending written notice of your decision to opt out to the following addresses: via email to legal@sevenrooms.com and via regular mail to SevenRooms, 127 West 24th St., 5th Fl., New York, NY 10011 within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your account username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. iv. Any arbitration award will be final and binding upon the parties without appeal or review except as permitted by State of New York law or United States federal law. Each party will bear its own costs with respect to the arbitration procedure. v. Notwithstanding the foregoing, (1) either party may bring an individual action in small claims court, and (2) claims of (A) defamation, (B) violation of the Computer Fraud and Abuse Act, or (C) infringement or misappropriation of the other party’s intellectual property rights, may be exclusively brought in the state or federal courts located in New York County, New York. The parties agree to submit to the exclusive personal jurisdiction of such courts for such purpose. A request for equitable relief will not be deemed a waiver of the right to arbitrate. c. Enforceability. With the exception of Section 16(b)(i), if any part of Section 16(b) is deemed to be invalid or unenforceable for any reason then the balance of Section 16(b) will remain in effect. If, however, Section 16(b)(i) is found to be invalid or unenforceable for any reason, or we receive a valid opt-out notice from you pursuant to Section 16(b)(iii), then Section 16(b) will be null and void, neither party will be entitled to arbitration, and any claims relating to the Terms or Service will be exclusively brought in a state or federal court located in New York County, New York. 17. Notices. SevenRooms may provide you with notices by mail, electronic mail, or postings on the Service or Site. You may provide SevenRooms with notices by United States Registered Mail sent to SevenRooms, 127 w. 24th Street, 5th Fl., NY, NY 10011. If notice is provided by email, notice will be deemed given twenty-four hours after email is sent, unless SevenRooms is notified that the email address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.  18. Miscellaneous. Except in the case of Registered Users, these Terms and the Privacy Policy are the entire agreement between you and SevenRooms relating to the Service, and supersede all previous communications, representations, understandings and agreements, either oral or written, between you and SevenRooms with respect to the Service. If any provision of these Terms is held unenforceable or invalid by a court of competent jurisdiction, such provision will be severed, and the remaining provisions will remain in full force and effect. SevenRooms’ failure to enforce any provision of these Terms will not waive any prior or future performance of any such provision. No joint venture, partnership, employment, or agency relationship exists between you and SevenRooms as a result of these Terms or your use of the Service. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SevenRooms without restriction, including by operation of law, merger, reincorporation, recapitalization, or sale of all or substantially all of SevenRooms’ assets. Any assignment attempted to be made in violation of these Terms will be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement. As used herein, “include” and its derivatives is exemplary, not exhaustive, and “may” means “has the right, but not the obligation, to.” The Services are provided by: SEVENROOMS INC. 228 Park Avenue S PMB 37706 New York, NY 10003 support@sevenrooms.com SevenRooms Privacy Policy Updated September 3, 2021 SEVENROOMS INC. (“SevenRooms“), along with its subsidiaries and affiliated companies, is committed to safeguarding your privacy. This Privacy Policy (the “Policy”) describes SevenRooms’ policies and procedures regarding the collection, use and disclosure of the information collected through the SevenRooms website, www.sevenrooms.com, mobile applications, and other affiliated websites owned and operated by SevenRooms (the site, and any products and services provided by SevenRooms are collectively referred to as the “Services,” which includes the Platform, as defined below). By using our Site or Services, you agree to the terms of this Policy. 1. SevenRooms Service Overview Each of the restaurants and other locations available through the Service (a “Venue”) has adopted SevenRooms’ proprietary reservation and inventory management system (the “Platform“). The Platform interacts with the Venue to find available reservations, to secure, change or cancel online reservations, and to confirm that reservations were honored. Where reservations are placed directly with a Venue that uses the Platform, or through other third party reservation services that the Venue may use, information about patrons of a Venue (each, a “Guest”) is recorded in (or transferred to) the Platform to assist the Venue in managing the reservation and provide services to such Guest. While an individual Venue’s reservation inventory is accessible to the Platform to perform these functions, other information that may be stored by a Venue (for example, credit card numbers) is not accessible to the Platform. Where a Guest may pay or enter payment information via the Platform (either to hold a reservation, or for services received at a Venue), payment is processed by a third party payment processor such as Stripe and information about that payment is subject to such processor’s policies. Note that in no case does SevenRooms store credit card or payment information on the System; all such information is held by our third party payment processor(s) or the Venue itself. 2. Types of Data We Collect “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data or that may independently, or in connection with other information, be used to identify you. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below. A Note on Users. SevenRooms’ customers are the Venues (or agents that Venues have contracted to handle their reservations), and only Venue employees or agents have Accounts (as defined below) with SevenRooms. Guests do not have Accounts on the Platform. Except where provisions are specific to Registered Users, Accounts, or Guests, all the terms of this Policy apply equally to both Guest and Registered User information. Information You Provide to Us. We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, and password when you create an account to use the Services (“Account”). Only representatives of a Venue may create an Account (each such individual, a “Registered User”). If you access the Services on your mobile device, we may collect your phone number and the unique device id number (Registered Users only). When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality (Registered Users only). If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. If you participate in a survey conducted via the Services, we may collect additional profile information. We may also collect Personal Data at other points in our Site or Services that state that Personal Data is being collected. Information Collected From Third Parties. When a Venue takes a reservation directly from a Guest, or receives such information from a third party service or platform (i.e., Google, Yelp), Personal Data about the Guest is recorded in the Platform. In addition, Guest notes (such as dining preferences) may be recorded in the Platform by Venue staff. When a Guest makes a financial transaction with a Venue via the Platform, we will collect all information necessary to complete the transaction, including credit card information. We do not store payment information directly on our servers, but this information may be shared with Venues and third parties as set forth herein. Purchase histories of Guests may be linked to the Platform by the Venue point of sale systems. Information Collected Via Technology. Information Collected By Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically collected data to Personal Data. Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Site areas accessible only to Registered Users require that your browser accept Cookies. SevenRooms uses Cookies to verify that you are properly signed in, to display information for your primary location, and to highlight your pending reservations, for example. We may also use Cookies from time to time to measure your response to new aspects of the Services and/or emails in an effort to continually improve customer service and Services usability. Please be aware that a Cookie cannot spread computer viruses, retrieve any other data from your hard drive, or capture your email address. You can erase or block Cookies from your computer if you wish to do so (your internet browser help screen or manual will thoroughly explain this process), but certain parts of the Services, as well as parts of the Site, may not work correctly or will not work at all if your browser is set not to accept Cookies. The Site may contain electronic images (called a “single-pixel GIF” or “web beacon”) that are used to count users who have visited that page, or to access certain cookies. View our Cookie Declaration page. How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our Site. Mobile Services. (Registered Users only). We may also collect non-personal information from your mobile device if you have downloaded our mobile application (the “Application”). This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application, and information about the type of device you use. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual. Analytics Services. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Site. This includes third party analytics services, such as Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Site, as well as third parties that deliver content or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at privacy@sevenrooms.com. We may also partner with ad companies to support our marketing efforts, including by serving you ads better tailored to your likely interests. If you don’t want to take advantage of these services, you may be able to opt-out by visiting http://www.aboutads.info/ or http://networkadvertising.org/choices/ , or if you are located in the EU, http://www.youronlinechoices.eu/. Location of Servers. We maintain servers around the world and your information may be processed on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy. 3. Use of Your Data 3.1 By SevenRooms Personal Data. In general, Personal Data you submit to us is used either to deliver the Services or respond to requests that you make. We use your Personal Data in the following ways: facilitate the creation of and secure your Account (Registered Users only); identify you as a user of the Services; provide improved administration of our Site and Services; provide the Services you request, including by communication this information to the applicable Venue; improve the quality of experience when you interact with our Site and Services; send Guests email and SMS text confirmations and other communications, like reminders, for each of your reservations. Venues may also use the Platform to send such messages directly to Guests; send you administrative e-mail notifications, such as security or support and maintenance advisories (Registered Users only); respond to your inquiries related to employment opportunities or other requests; send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of SevenRooms. (Registered Users only). Anonymous Data. We may create Anonymous Data records from Personal Data of both Guests and Registered Users by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion. 3.2 By Venues When you make a reservation using the Services, your name is provided to the applicable Venue, just as would occur if you were making a reservation over the phone. Your email address and phone number are also provided to the Venue in case the Venue needs to contact you regarding your reservation. You may also provide special preferences or comments regarding your reservation, which the Services will pass on to that Venue. And if you are interested in receiving promotional or other communications from the Venue you may “opt-in” to receive such communications from the Venue, either via the Platform or directly, as applicable, and subject to such Venue’s marketing policies, as set forth below. SevenRooms will only share the information specified above with the Venue at which a Guest has made reservations using the Service. Venues cannot use the Services to access information pertaining to Guests, reservations or related information from other Venues, except that Venues with the same corporate ownership may elect to share such information. Venues primarily use reservation information provided through the Services to secure and manage reservations. Additionally, as noted above, if you have given permission to a Venue to communicate with you, the Venue may do so, subject to the Venue’s policies and procedures, including those relating to the storage and management of Personal Data. Venues want to provide you with the best possible service so that you will visit them again. As noted above, Venues may use the Platform to record purchases via integration with POS systems and to take note of your special requests, allergies, special occasions or other pertinent information that will help the Venue serve you better during your next visit. If a Venue chooses to note your preferences, that information may be typed into the Platform manually, just as a Venue might write a note on an index card. This data belongs to the Venue, since it is a product of that Venue’s relationship with you. As mentioned in Section 3.1 above, we may aggregate such preference information and Guest notes into Anonymous Data. SevenRooms also creates backup copies of all information stored on the Platform for each Venue, to assist in the restoration process in the event of data loss. Each Venue is a separate business from SevenRooms. While SevenRooms encourages Venues to comply with data protection requirements, SevenRooms will not be responsible for a Venue’s failure to comply with laws applicable to the use of Personal Data. Any complaints or inquiries regarding use of your information by a Venue, or marketing communications from a Venue, should be addressed directly to the Venue in question. In no event will SevenRooms be responsible for information, management, and use of data collected by Venues from their own websites and not stored on the Services. 3.3 Third Parties We disclose your Personal Data as described below and as described elsewhere in this Policy. Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services; to conduct quality assurance testing; to facilitate creation of Accounts; to provide technical support; and/or to provide other services to the SevenRooms. We use third party payment processors, such as Stripe, to process payments made through the Platform to Venues. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is provided directly to these third party payment processors, whose use of your personal information is governed by their privacy policies. Social Networking Sites. We allow Guests to place reservations with Venues on the Platform via social networking sites (e.g., Facebook or Twitter, and each an “SNS”). Guests who access the Platform via an SNS (i.e., by choosing to “sign in via FaceBook” or the equivalent) consent to SevenRooms receiving information required to make the reservation from the SNS. The Platform may also enable you to post content to an SNS. If you choose to do this, we will provide information to such SNS in accordance with your elections. You agree that you are solely responsible for your use of an SNS and that it is your responsibility to review the terms of use and privacy policy of such SNS. Any information that we collect from an SNS account will depend on the privacy settings you have with that SNS, so please consult the SNS’ privacy and data practices. We will not be responsible or liable for: (i) the availability or accuracy of such SNS; (ii) the content, products or services on or availability of such SNS; or (iii) your use of any such SNS. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. Partner Marketing. In the event you provided your contact information to SevenRooms in conjunction with a co-marketing initiative with another company, such as downloading a white paper written in conjunction with an integration partner, SevenRooms will share your information with that party. In these events, the partner will be explicitly represented on the landing page or other marketing materials so that you are aware it is a co-marketing initiative. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. 4. Communications and Disclosures. From SevenRooms. SevenRooms sends automated service messages to Guests via email and / or text pertaining to upcoming or recent Venue reservations or other core functions of the Services, such as confirmations, reminders, and/or invitations to provide customer feedback (“Service Communications”). In addition, Guests and Registered Users may also opt in to receive promotional notices, special offers, and other related information from SevenRooms (“Marketing Communications”). You may always unsubscribe from Marketing Communications. However, so long as you use the Service, we may send essential Service Communications to the contact information associated with your Account. From Venues. Venues may independently use the Platform to send Guests Service Communications and, if opted in by a Guest, Marketing Communications. Communications sent directly from a Venue via the Platform are subject to this Policy, but communications sent by a Venue outside of the Platform are subject to the Venue’s policies and practices. Third Parties. SevenRooms will never sell, rent, loan or otherwise distribute any of your personal information (including but not limited to your name, email address, phone number or any other identifiable information about you) to any third party except as set forth in this Policy without your prior, express written consent. Legally Mandated Disclosure. Notwithstanding anything to the contrary in this Policy, SevenRooms may be required to disclose Personal Information in response to inquiries by formal law enforcement, or in cases permitted by the United States’ CAN-SPAM Act of 2003 (CAN-SPAM), the European General Data Protection Regulation and its implementing laws, Japan’s Personal Information Protection Act, or other laws governing the use and disclosure of Personal Information. 5. Accounts Registered Users can view and manage their Account information, including any associated Personal Data, by clicking on the “Account” link at the top of the login page. Guests and Registered Users may at any time contact SevenRooms at privacy@sevenrooms.com or as set forth in Section 10 to request that all Personal Data be deactivated. 6. How SevenRooms Protects Data SevenRooms uses a state-of-the-art, multi-layer encryption algorithm and makes its best efforts to ensure that all of your Personal Data and Account information is secure. SevenRooms stores all Personal Data on secure servers. SevenRooms continually monitors and implements changes and improvements that become available in the electronic data security industry to maintain the security of Personal Data in our possession. 7. A Note About Children We do not intentionally gather Personal Data from visitors who are under the age of 13. If we learn that a child under the age of 13 has submitted Personal Data to SevenRooms, we will attempt to delete such data as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at privacy@sevenrooms.com or as set forth in Section 10. 8. Changes to this Policy Any changes to this Policy will always be posted to this page of the Site, along with the effective date of the updated Policy. You should check this page periodically to stay abreast of any such changes. SevenRooms will never make changes to the Policy that violate any applicable privacy laws. For any material changes to the Policy, we will notify you via email or by placing a prominent notice on the homepage of our Site. 9. Disclosure, Correction, Control of Personal Data If you wish to have SevenRooms disclose what Personal Data of yours it holds, and / or how SevenRooms obtained such information, or if you desire the correction, suspension of use, or to be informed of the purpose of use of Personal Data by SevenRooms, please contact SevenRooms as set forth below. SevenRooms will process such request in compliance with all applicable privacy laws, but may first confirm that such request has been made by you personally. 10. Standard Contractual Clauses and Privacy Shield For Venues located in the European Union and other locations and instances where the General Data Protection Regulation applies, SevenRooms and such Venues enter into the Standard Contractual Clauses (the “SCCs”) as the mechanism to transfer personally identifiable information to our servers and locations in the United States for processing.  While the EU-U.S. Privacy Shield Framework is no longer a valid transfer mechanism, SevenRooms complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. SevenRooms has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles govern, and if there is a conflict between the Privacy Shield Principles and the SCCs, the SCCs govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/ SevenRooms commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to data transferred from the EU and Switzerland. SevenRooms has further committed to refer unresolved Privacy Shield complaints to UK ICO, a Data Protection Authority in the United Kingdom. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://ico.org.uk/make-a-complaint/eu-us-privacy-shield/ for more information or to file a complaint. The services of UK ICO are provided at no cost to you. As a result of its commitment to Privacy Shield, SevenRooms is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). 11. California Consumer Privacy Act Rights – Applicable only to California Residents The California Consumer Privacy Act (“CCPA”) places obligations with respect to processing of personal information of California consumers (“Personal Information”) primarily on “businesses” as defined under the act. A “business” as defined under the CCPA is a business that operates in California and determines the purposes and means of processing of Personal Information. A “service provider” under the CCPA is an entity that processes Personal Information on behalf of a business. Service providers have very limited obligations under the CCPA, primarily to process Personal Information on behalf of a business in strict adherence to a written contract with, and on instructions from, such business. SevenRooms determines the purposes and means of processing of California consumers’ personal information solely with respect to the information SevenRooms collects from the Venues that are its customers, and is obligated as a “business” under the CCPA solely with respect to personal information it collects from natural persons that are California residents and that supply such information as employees or agents of Venues in the initiation or administration of Accounts. With respect to personal information of Guests of the Venues that are SevenRooms’ customers, SevenRooms processes such information as a service provider to such Venues. Such Venues determine the purposes and means of processing of any personal information collected from Guests, constitute the “businesses” under the CCPA with respect to such personal information and consequently, with respect to such information, the privacy policies of such Venues govern. THE FOLLOWING RIGHTS WITH RESPECT TO PERSONAL INFORMATION ARE LIMITED TO THE PERSONAL INFORMATION OF NATURAL PERSONS THAT ARE CALIFORNIA RESIDENTS AND THAT SUPPLY PERSONAL INFORMATION TO SEVENROOMS IN THE COURSE OF INITIATING OR ADMINISTERING ACCOUNTS OF CUSTOMERS OF SEVENROOMS (i.e. AS EMPLOYEES OR AGENTS OF A VENUE THAT IS A CUSTOMER OF SEVENROOMS). A GUEST OF A VENUE THAT IS A CUSTOMER OF SEVENROOMS SHOULD CONSULT THE PRIVACY POLICY OF THE RELEVANT VENUE TO UNDERSTAND SUCH GUEST’S RIGHTS UNDER THE CCPA, IF ANY, WITH RESPECT TO PERSONAL INFORMATION COLLECTED BY OR ON BEHALF OF SUCH VENUE. If you are a California resident who supplied Personal Information to SevenRooms in the course of employment by, or agency of, a Venue that is a customer of SevenRooms, you have the right to (a) know what categories of Personal Information SevenRooms has collected during the preceding 12 months, including the categories of sources from which that information was collected, the business or commercial purpose for which it was collected, and the categories of third parties with whom the information was shared (see Section 11.1. below); (a) request to know what Personal Information SevenRooms has collected, used, disclosed, and sold about you during the preceding 12 months (see Section 11.2. below); (c) subject to important limitations, request that SevenRooms delete your Personal Information (see Section 11.3. below); and (d) to the extent SevenRooms sells any Personal Information, to opt-out of the sale of your Personal Information to third parties (see Section 11.4. below). These rights, which are discussed more fully below, are subject to some important exceptions, which are intended, among other things, to protect the integrity and privacy of your Personal Information. You have the right not to be discriminated against for exercising your CCPA rights. You also have the right to designate an authorized agent to exercise your CCPA rights on your behalf. If you need information on how to exercise your CCPA rights in an alternative, accessible format due to a disability, please contact SevenRooms at (212) 242-5607 or send an email with your name and contact information to privacy@sevenrooms.com. 11.1 Categories of Personal Information Collected The categories of personal information SevenRooms has collected about California consumers (and, more specifically, with respect to Registered Users that are California consumers) during the preceding 12 months, including the categories of sources from which that information was collected, the business or commercial purpose for which it was collected, and the categories of third parties with whom the information was shared, is set forth above under Section 2. Types of Data We Collect, Section 3. Use of Your Data and Section 4. Communications and Disclosures. 11.2 Requests to Know About your Personal Information You have the right to request that SevenRooms disclose to you, for the 12-month period preceding the date SevenRooms receives your request, the following: (1) the categories of Personal Information SevenRooms has collected about you, (2) the categories of sources from which Personal Information was collected about you, (3) the business or commercial purpose for which your Personal Information was collected or sold, and (4) the categories of third parties to whom SevenRooms has sold or disclosed your Personal Information, if any. In addition, you have the right to request that SevenRooms disclose to you the specific pieces of Personal Information SevenRooms has about you. If you are a California resident who supplied Personal Information to SevenRooms in the course of employment by, or agency of, a Venue that is a customer of SevenRooms, and wish to request this information, please contact SevenRooms at (212) 242-5607 or at privacy@sevenrooms.com and indicate that you wish to request this information and provide the identifying information requested. All requests are subject to verification of your identity to protect the privacy and security of your Personal Information. SevenRooms is required to fulfill these requests no more than twice within a 12-month period. 11.3 Requests to Delete your Personal Information You have the right to request that SevenRooms delete your Personal Information, subject to certain exceptions such as our need to comply with legal obligations, fulfill orders, complete transactions, etc. If you are a California resident who supplied Personal Information to SevenRooms in the course of employment by, or agency of, a Venue that is a customer of SevenRooms, and wish to request deletion of your Personal Information, please contact SevenRooms at (212) 242-5607 or at privacy@sevenrooms.com and indicate that you wish for SevenRooms to delete your Personal Information and provide the identifying information requested. All deletion requests are subject to verification of your identity. If SevenRooms verifies your request, we will also instruct our service providers (if any) to delete your Personal Information from their records, subject to applicable legal requirements. 11.4 No Sale of Personal Information SevenRooms does not sell any Personal Information to third parties. Please note that SevenRooms may still share your Personal Information with service providers and other entities for business purposes consistent with the CCPA. 11.5 Verification Procedures In order to verify requests made pursuant to the CCPA, SevenRooms may require at least two (2) pieces of identifying information that match information maintained by us. In some cases, SevenRooms may require additional identifying information and a signed declaration attesting to your identity. In situations where SevenRooms receives a request from an authorized agent on your behalf, it may require written proof that the agent is, in fact, authorized to act on your behalf and may take additional steps to verify your identity and the authorized agent’s identity. In certain circumstances, SevenRooms may decline a request to exercise the Right to Know (11.2) or Right to Delete (11.3) described above, particularly where SevenRooms is unable to verify your identity. If SevenRooms is unable to comply with all or a portion of your request, it will explain the reasons for declining to comply with the request. 12. Contacting SevenRooms If you have any questions or concerns or complaints about our Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address, phone number or email: By phone at: 1-212-242-5607 By email at: privacy@sevenrooms.com SevenRooms General Data Protection Regulation A NOTE ABOUT YOUR PERSONAL DATA Chin Chin - Melbourne is using SevenRooms as their reservation and guest experience software to help provide you with a personalized and hassle-free visit. SevenRooms, working as a data processor on Chin Chin - Melbourne’s behalf, does collect, process, and retain some of your personal data for the lawful and legitimate purpose of managing your reservations, visits, and preferences. Examples of this data may include (but is not limited to) information such as name, email, phone, address, picture, food allergies, eating or seating preferences, birthday, anniversary, IP address, and other specific notes you provide. SevenRooms may also send you email or SMS communications before, during and shortly after your reservation for the purposes of confirming your reservation, communicating any changes or edits to your reservation, or gathering feedback about your visit. You may specifically provide consent to receive communications for other legitimate purposes, such as receiving news or offers from Chin Chin - Melbourne that may not be connected to a specific reservation. SevenRooms is committed to the protection of your personal data and employs the highest standards of internet and web application security to prevent security incidents from occurring. SevenRooms will also never sell or distribute your personal data without (1) your specific, written consent, and (2) a lawful and legitimate purpose. SevenRooms is registered under the EU-US and SWISS-US Privacy Shield framework and is also a compliant services provider under the European Union’s (EU) General Data Protection Regulation (GDPR). You can learn more about how we use your personal data by visiting our privacy policy. DATA REQUESTS You may have certain data requests in conjunction with your rights as an EU citizen, which may include one or more of the following: Request a copy of what personal data is being retained or processed Rectify or edit incomplete or incorrect personal data Object to certain data processing of your personal data Request erasure of your personal data (be ‘forgotten’) Please note that because SevenRooms is a data processor under the law, we will not take data requests from guests directly. You must contact directly to fulfill your request. Please contact by calling (03) 8663 2000 or emailing us with details regarding your specific data request. may ask you to prove your identity in order to fulfill the request and should respond within one month. Chin Chin Dining Policy Feed Me Menu All groups of six guests and above for lunch and dinner must dine on our Feed Me Menu. Booking Policy Parties of 10+ may be seated over two booths at GoGo, in the Main Dining Room or Chin Chin upstairs. Please note a surcharge of 10% applies on Sunday. Seating Times We have seating times in place for all our reservations • Groups of one to five guests dine for one hour and thirty minutes • Groups of six guests and above dine for two hours NYE Booking Policy NYE bookings dine from $125pp and $150pp Feed Me Menus. Parties of 10+ may be seated over two booths at GoGo, in the Main Dining Room or Chin Chin upstairs. Cancellations made within less than 24 hours of your reservation result in a $100 per guest charge.